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 ... Ductor dubitantium Taylor, Jeremy, 1613-1667. 1660 Approx. 4512 KB of XML-encoded text transcribed from 591 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A63844 Wing T324 ESTC R20123 12291449 ocm 12291449 58903 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63844) Transcribed from: (Early English Books Online ; image set 58903) Images scanned from microfilm: (Early English books, 1641-1700 ; 195:4-5) 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 ... Ductor dubitantium Taylor, Jeremy, 1613-1667. 2 v. : port. Printed by James Flesher for Richard Royston ..., London : 1660. "Of humane laws, the 3rd. book" and "Of nature and causes of good and evil, the 4th book" each has special t.p. and separate pagination. First ed. Cf. NUC pre-1956. Published later as: The rule of conscience. Reproduction of original in Huntington Library (books 1 and 2), Harvard University Library (books 3 and 4). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Conscience -- Early works to 1800. Casuistry -- Early works to 1800. Christian ethics -- Early works to 1800. 2005-02 TCP Assigned for keying and markup 2005-03 Aptara Keyed and coded from ProQuest page images 2005-04 Judith Siefring Sampled and proofread 2005-04 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion DUCTOR DUBITANTIUM or The RULE of CONSCIENCE In lumine tuc , Domine , videbimus , lumen . DVCTOR DVBITANTIVM , 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 , D. D. Prov. 14. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . LONDON , Printed by James Flesher , for Richard Royston at the Angel in Ivy-lane , 1660. TO THE MOST SACRED MAJESTY OF CHARLES II. KING of GREAT BRITAINE , FRANCE and IRELAND , Defender of the Faith , &c. Great Sir , THE 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 Oeconomy of God is God's finger to point out to us by what instances he will be served . We have been sorely smitten and for a long time ; for ( that I may use the words of the Prophet ) Alas , for that day was great , so that none was like it , it was even the time of Jacob's trouble ; and then , Faith and Patience , and all the passive 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 , They shall serve the Lord their God , and David their King whom I have raised up unto them ; Now our duty stands on the Sunny side ; it is our work to rejoice in God and in God's Anointed , 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 cannot 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 Majesty amongst us , that we may feel the pleasures of Obedience , 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 breaking 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 . 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 Job , in imitation of them who presented him with , everyman , an ear-ring of Gold , and a piece of Silver , or a Lambe * , to bring also my Offering , the signification of my joy . For though it be but two Books which like the Widows two mites make up but a contemptible 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 Calling 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 , and said , Nolumus hunc regnare ; but God hath caused you to return and reign : and if your Majesty should by that example 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 culture 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 Casuistical Theology . In which because 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 Custos utriusque Tabulae , since like Moses 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 est res Fisci , is part of your own propriety , and enters into your Exchequer . Be pleased therefore , Gracious Sir , to accept this instance of my duty to God , to your Majesty , and to your 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 Superiors and Supreme , were ( though in another manner ) long since done by the incomparable Mr Hooker , and the learned Archbishop of Spalato : but their labours were unhappily lost , and never saw the light . And though I cannot attain to the strength of these Champions of David 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 passengers by their little , but well-meaning , alms repair the breaches of his fortune who was greatly undone by War or Fire . But therefore I humbly beg your Majesties pardon 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 Great Sir , Your Majesties most dutifull and most obedient Subject Jeremy Taylor . THE PREFACE . THE Reformation of Religion in the Western Churches hath been so violently , so laboriously , 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 behold 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 representment 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 publick and private charges , and the consequent necessity of preaching and catechising , visiting the sick , and their publick daily offices ; 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 labouring to other purposes then formerly : and this necessity was present and urgent ; and the hearts and heads of men ran to quench that fire , & left the government of the house more loosely , till they could discern whether the house would be burnt or no by the flames of contention which then brake out : only this duty 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 Israel in the days of Saul and Jonathan , we were forc'd to go down to the forges of the Philistims to sharpen every man his Share and his Coulter , his Axe and his Mattock . We had 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 . Some of the Lutherans have indeed done something in this kind which is well ; Balduinus , Bidenbachius , Dedekanus , Konig , and the Abbreviator of Gerard : Some essays also have been made by others ; Alstedius , Amesius , Perkins , and the late Eloquent and Reverend Bishop of Norwich . But yet our needs remain ; and we cannot be well supplied out of the Roman store-houses : for though there 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 . 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 Repositories under the same paintings and specious titles , that as it will be impossible for every man to distinguish their ministeries of health from the methods of death ; so it will be unsafe for any man to venture indiscriminately . For who can safely trust that guide that teaches him , [ a 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 * privately to take a thing that is not great from our Father ; b that he who sees an innocent punish'd for what himself hath done , he in the mean time who did it , holding his peace , is not bound to restitution ; c That he who falls into fornication , if he goes to confession , may the same day in which he did fornicate receive the Communion ; That Communion is Manducation , and therefore requires not attention ; 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 believe confession to be of Divine institution ? ] As bad or worse are those affirmatives and doctrines of repentance . [ A dying man is not tied to be contrite for his sins ; but confession and attrition are sufficient : ] and that we may know what is meant by attrition , we are told [ it is a sorrow for temporal evil , disgrace or loss of health , sent by God as a punishment , or feared to be sent ; ] this alone is enough for Salvation , if the dying man do but confess to the 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 , [ 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 : nor then , but when we cannot have the Sacrament of penance . ] To these may be added those contradictions of severity for the securing of a holy life : that [ 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 : That it is not very certain whether he that hath attrition does receive grace , though he does not formally resolve to sin no more : ] 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 Commandment for these things : It may be they are counsell'd and advis'd in Scripture , but that is no great matter ; for [ It is no sin not to correspond with the Divine inspirations exhorting us to Counsels . ] Adde to these , that [ To detract from our Neighbours fame before a consciencious , silent and a good Man , is no deadly sin : To dispense with our vows in a year of Jubile is valid , though the condition of obtaining that Jubilee be not performed . ] Thus men amongst them have leave to sin , and the may live in it as long as their life lasts without repentance ; and that repentance in the sum of affairs is nothing but to call to the Priest to absolve them ; provided you be sorrowfull for the evil you feel or fear God will send on you : but contrition , or sorrow proceeding from the love of God is not at all necessary ; [ neither is it necessary that our sorrow be thought to be contrition ; neither is it necessary that attrition should goe before confession , 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 confessed . ] 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 . 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 argument which is but too frequent among those who prevail more by their authority then their reason , of proving propositions by similitudes and analogies . I remember that Gregory Sayr 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 Praediments , so it is expedient that all kinds of vertues & vice be reduc'd to the ten Commandments . And Bessaeus infers seven Sacraments from the number of the Planets , and the seven ears of full corn in Egypt , & seven water-pots changed into wine ( though there were but six , ) because as the wine fill'd six water-pots , so the Sacrament of the Eucharist fills the other six , and it self makes the seventh ; and that therefore peradventure the Sacraments are called Vessels of grace . But this I look upon as a want of better arguments in a weak cause , manag'd by careless and confident persons ; and note it only as a fault , that the Guides of Consciences should speak many things when they can prove but few . 3. That which I suppose to be of greatest Consideration is , that the Casuists of the Roman Church take these things for resolution 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 authority 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 conduct 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 Rome , neither can they tell upon whose authority they may finally rely : they cannot tell who is the visible Head of the Church : 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 Principle , and rely only upon Scriptures and right Reason and Universal 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 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 . 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 the case is difficult , and the men not to be relied upon , and the Conscience to be otherwise informed , and that we ought to walk the more warily , but therefore the Conscience is at liberty , and the question in order to practice hath no difficulty ; hard in the case , but easie in the action ; for by this means they entertain all interests , and comply with all perswasions , 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 studiously keep up this Academical or rather Sceptick Theology , Alii aiunt , alii negant ; utrumque probabile . And upon this account , although 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 , that the Fast 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 . 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 . For [ we are free from our vow , or from a Commandement , if it be a probable opinion of the Doctors that we are free ; ] and [ it is probable , if it be the opinion of one grave Doctor : ] That is , in effect , plainly , If it be probable [ in the doctrine , ] it is certain [ in practice ; ] and it is probable if any one of their Doctors says it . 5. And the mischief of this is further yet discernible , if we consider that they determine their greatest and most Mysterious cases 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 something remarkable . The question was , Whether the Pope can dispense in the law of God ? The inquiry is not concerning a dish of whey , but of a considerable affair ; upon which the right or the wrong of many thousand Consciences amongst them do depend . It is answered [ 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 Panormitan speaks , in cap. proposuit , de concess . praebend , n. 20. citing Innocentius in cap. cum ad Monasterium , de statu Monachorum ; 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 Felinus in cap. Quae in Eccles. de const . n. 19 , & 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 Innocentius cap. 1. de baptis . in fine num . 11. Yea the same Felinus is bold to affirm in cap. 1. de const . n. 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 Innocentius in cap. 1. Sacra Unct. The same Felinus adds further that the Pope with his word alone can make a Bishop ; and he cites Angelus in l. 2. C. de crim . Sacrilegii ; & in l. 1. C. de Sententiam passis . The same sentence is held by Decius , consil . 112. n 3. in fine ; & in dict . cap. Quae in Eccles. n. 25. & seq . aliàs n. 44 , & 45. in Novis . Allegantur etiam alii Juristae in cap. 2. de translat . Episcopi ; & in l. Manumissiones . ff . de just . & jure ; & in l. 2. C. de servit . &c. 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 , & 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 Felinus , and for this he quotes Innocentius ; and the same is the opinion of Decius , 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 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 . 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 Port-royal , and to their own weak answers and vindications . If I were willing by accusing others to get reputation to my own , or the Undertakings of any of our perswasion or communion , 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 & the other for Church-men ; of which their own books * give but too many instances . I could also remark that the Monks and Friers are iniquiores in Matrimonium , 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 Mortal and Venial hath intricated and confounded almost all the Certainty & 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 be instructed , and throughly prepared to every good work ; that we should have a conscience void of offence both towards God and towards man ; that we should be able to separate the vile from the precious , and know what to chuse and what to avoid ; that we may have our senses exercised to discern between good and evil , that we may not call good evil , or evil good . For since obedience is the love 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 actions , to the choice of sin , and the expresse displeasure of God ; otherwise then it happens in speculation and ineffective notices and schoole-questions . 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 Moral Theology I should have found so perfect an accord , so easie determination 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 & reason of my conjecture ; because I knew that in promptu & facili est aeternitas , 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 obedience 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 . 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 the easie Commandement is wrapped up in uneasie learning ; and by the new methods , a Simple and Uncrafty Man cannot be wise unto salvation ; which is but small comfort to him that stands in the place of the Idiot and Unlearned . Sometimes 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 Commandement 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 [ Spoliatum ante omnia restituendum ] 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 , Gabrielius brings no lesse then threescore and ten limitations : and to make all questions of that Nature and the Rule of Conscience infinite and indeterminable , Menochius hath seven hundred ninety and eight questions concerning Possession ; and who is sufficient for these things ? * 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 , In quolibet actu requiritur citatio . Of this Rule Porcius brings an hundred and sixteen ampliations , and an hundred and four and twenty limitations . Maranta enumerates forty cases in which [ A Negative ought to be proved : ] and Socinus 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 Civil 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 in the matter of Religion as the other is of Justice ; I shall only say , that the very title of the Canon law was Concordantia Discordantiarum , a tying of contradictions together in one string : and when you begin to look into the interpreters of the Decretum , which is the best part of the Canon law , Simoncellus tells us that the word Decretum hath five and twenty 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 . 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 uncertain principles into our Moral institutions , to intangle what was 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. Fisher Bishop of Rochester his great pains in the confutation of Luther's books , the wise Prelate said heartily , that he wish'd he had spent all that time in prayer and meditation which he threw away upon such useless wranglings . For that was the wisdom of the Ancients . Antiqua Sapientia nihil aliud quam facienda & vitanda praecepit : Et tunc meliores erant viri . Postquam docti prodierunt , boni desunt . Simplex enim illa & aperta virtus in obscuram & solertem scientiam versa est ; docemurque disputare , non vivere . 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 , 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. Meaning , that books which serve to any other purpose are a laborious 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 . Fili mi , monitus esto ut facias libros sapientiae plurimos , adeò ut non sit finis ; & ut studeas verbis Legis , conspiciasque defatigationem carnis . Make books of wisdom very many , and study in the words of the Law till thou mayest see the wearinesse of thy flesh . Beata aetas quae in vita hominum regenda totam disputandi rationem posuit , 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 intanglements of Art , and to strip Moral Theology of all its Visors ; to detract all the falshoods and hypocrisies of crafty men ; to confute 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 false , that if their Disciples should live according to the consequents of such doctrines , without doubt they must perish everlastingly . 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 nothing 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 Commonwealths 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He that is well instructed will require in every kind of argument and disputation no other proof or subtilty 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 Theology is a collective Body of all wisdome , whereof some things are demonstrable and many are probable , and other things are better then their contraries ; and they are to be proved accordingly , every thing in its proportion and capacity . And therefore here I make use of all the Brocardics , or rules of interpreters ; that is , not only what is established regularly in law , but what is concluded wise and reasonable by the best interpreters . Socinus , Duennas , Azo , Gabrielius , Damasus , 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 Duarenus and Balduinus who blame them , and Wesenbech and Gribaldus who are their confident Advocates . But in the discourses of Conscience , whatsoever is right reason , though taken from any faculty or science , is also of use and efficacy . Because whatever can guide the actions or discourses , or be the businesse or the conduct of any man , does belong to Conscience and its measures ; and what is true in any Science ; is true in Conscience . I do not say that what is true or allowed in humane laws is also true or allowed in the Divine ; 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 . Qualis causa , talis effectus , saith the Philosopher , The cause and the effect are of the same nature . But the Lawyer saies , this is not alwaies true . For Manumission , which is a cause of liberty , is of the Civil law and positive institution ; but Liberty , which is the effect of it , is of the law of Nature . Now although the Philosopher understands his Rule of Natural causes and effects , or those causes which are artificial , but operate by the way of Nature , and intends 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 indifferently applied , the same words to things of another nature . * There is a Rule in Philosophy , Incorporalia sunt individua : from hence Ho●●oman argues , Therefore Dominion , Heritage , Ususfructus , or the use of a thing by him that is not the Lord , are individual , 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 . Res fisci est ubicunque natat , Whatsoever swims upon any water belongs to this Exchequer ; that is , saith S. Austin , Christianus Domini sui esse intelligit , ubicunque invenerit veritatem , 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 Philosophers and Poets , ut Deo serviat quicquid puer utile didici , that , according 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 according to the sense and meaning of their proper Art where they dwell . And though there is great need of skill in all those Sciences from whence we derive notices in order to the conduct of Conscience ; 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 discourses ; 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 occasionally 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 . 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 questions 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 contrary . 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 confessedly the lesse reasonable in the whole conjunction of circumstances and relative considerations . 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 infirmities 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 Conscience , does in a manner give lawes to all that do believe him : and no man perswades more vehemently then he that tells you , This , God forbids ; This , God commands ; 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 oppressive with severity , or unsafe with gentleness , was criminal in the cause as well as mischievous in the event : and the greatest 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 vanity , 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 condemns any conclusion , and consider , that as in these things it was impossible to please every man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so I design'd to please no man but as he is a lover of truth , and a lover of his own soul. The style that I here use is according as it happens , sometimes 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 specificated 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 . Ornari res ipsa negat , contenta doceri . I was here to speak to the Understanding , not to winne the affections ; to convince , not to exhort : and where I had no certainty in a case , or that the parts of a question were too violently contended for , without sufficient evidence on either side , I have not been very forward to give my final sentence ; but my opinion and my reason ; Per verbum FORTE respondent saepe periti . 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 Modesty of him that teaches is not alwaies an argument that he is uncertain in his proposition . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Ulpian . When the Antients said , I suppose , I think , It seems , they did not alwaies mean that they were uncertain ; but they sometimes 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 . 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 Athens , with great noises to little purpose . A Gentleman of Aegina 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 daughters 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 Mother ten thousand Philippics . The Mother runs to Athens , consults the Lawyers and Philosophers how this Will should be fulfilled ; but they know not , as supposing one part to crosse another , and altogether to be impossible ; for if the whole estate be divided 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 ; supposing 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 stock of the third would consume all their portions . 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 Athens advis'd her thus ; Give to the Drunken maiden the rich garments , the jewels and the Eunuchs ; and because she loves them not , she will sell them all for old wines of Chios : 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 Diodorus mention'd in the Greek Epigram is sufficient for such curiosities , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. 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 John Annias to Nicolaus de Lyra ; Testimonium Dei lucidum est , nec egent literae Divinae plicis , The things of God are plain and easie : and therefore I have rejected every thing that is not usefull and intelligible ; chusing only to make such inquiries by which we may become better , and promoted in something of our duty ; Quid sumus , & quidnam victuri gignimur , ordo Quis datus , aut metae quam mollis flexus , & unde , Quis modus argento , quid fas optare , quid asper Utile nummus habet , patriae , charísque propinquis Quantum elargiri deceat , quem te Deus esse Jussit , & humanâ quâ parte locatus es in re : viz. That we may be taught how to know what God requires of us , instructed to salvation , and fitted to every good work . 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 Tribonianus the Lawyer , who out of the lawes of the old Romans collected some choice Rules which give answer to very many Cases that happen . And after I had considered and tried many others , I found this most reasonable , most usefull and most comprehensive of all matters relating to my present Undertaking . For I intend here to offer to the world a General instrument of Morall Theology , 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 interests , men that are wise may guide themselves in all their proportions of Conscience : but if their case be indeed involved , 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 . 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 matter 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 disputed whether Sumptuary lawes be actually obligatory to us in England or Ireland ; but I have told by what measures we shall know concerning all laws , whether they be obligatory or no , 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 expounded 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 Rule ; provided that they were practicall and did minister to good manners ; having that of Lactantius in my mind , Non tam de rebus humanis bene meretur qui scientiam bene dicendi affert , quam qui piè & innocenter docet vivere . He best deserves of mankind who teaches men to live well rather then to talk well : and therefore the wiser Greeks preferred Philosophers before Orators . Illi enim rectè vivendi Doctores sunt existimandi , quod est longe praestabilius . 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 Jupiter to Pallas in the apologue , when he kissed her cheek for chusing the fruitfull Olive . — Nam quod facimus , id nisi utile est , Stulta omnis atque inanis inde est gloria ; unlesse it does good & 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 . 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 Curious or the Scorners . 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 concerning my self in it . Only I am desirous that now I have attempted 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 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 : 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. I know not whether I shall live to adde Matter to this Form , that is , to write a particular explication of all the precepts of Christian Religion ; which will be a full design of all special cases and questions of Conscience measurable by this General Rule . If I doe not , I hope God will excite some other to doe it ; but whoever does it , he will doe it with so much the more profit , by how much he does dispute the lesse : and I remember that Socrates and Sozomen tell that Aelius the Heretick was counted an Atheist propter eristicum loquendi & disputandi modum , because he taught no part of religion but he minc'd it into questions and chop'd it into Aristotle's Logick . 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 . But this I shall advertise ; That the Preachers may retrench infinite numbers of Cases of Conscience if they will more earnestly 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 greatly ; 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 intangles the other , and both are made lesse discernible , and lesse practicable . * 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 determining his Cases of Conscience which will never fail him . For if the question be put to him whether it be fit for him to give a shilling to the poor ; he answers that it is not only fit , but necessary 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 : 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 neighbour 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 . 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 obedience to Magistrates , to charity and justice ; and the Christians who meant well understood well , and needed no books of Conscience 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 numerous , 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 ; — verba minantia fixo Aere legebantur — 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 Compendium 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 his own mind shall tell him more then seven Watchmen that fit in a tower ; and if he misse , he is next to an excuse , and God is ready to pardon him : and therefore in what sect of Christianity soever any man is ingaged , if he have an honest heart , and a good Conscience , 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 ; God will pity him , and find some way for his remedy ; and if it be necessary , will bring him out . 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 requires 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 consequently 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 salvation , and learn to doe justice and charity , and the proper things of a holy religion . 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 Nothing 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 piety of one of his Servants 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 , He and I both have our ends , and God will have his Glory ; and that 's a good Conclusion , and to that I humbly dedicate my Book . From my Study in Portmore in Kilultagh , October 5. 1659. A TABLE Of the TITLES of the Chapters , and the Rules of the FIRST BOOK . Of COnscience , the kinds of it , and the generall Rules of conducting them . CHAP. I. The Rule of Conscience in general . RULE . 1. Conscience is the mind of a man , governed by a Rule , and measured by the proportions of good and evil in order to practice . Pag. 1. 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 3. Be carefull that Prejudice or Passion , Fancy and Affection , Error or Illusion , be not mistaken for Conscience . 26 4. The Conscience of a Vitious man is an Evil Judge and an imperfect rule . 30 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 6. In Conscience that which is first is truest , easiest and most usefull . 34 7. Conscience by its several habitudes and relations and tendencies toward its proper object is divided into several kinds . 35 CHAP. II. Of the Right or Sure Conscience . 1. A Right Conscience is that which guides our actions by right and proportion'd means to a right end . 38 2. In a right Conscience the practical judgment , that is the last determination to an action , ought to be sure and evident . 38 3. The practical judgment of a right Conscience is alwaies agreeable to the speculative determination of the understanding . 40 4. A Judgment of Nature or Inclination is not sufficient to make a sure Conscience . 62 5. When two motives concur to the determination of an action , whereof one is vertuous and the other secular , a Right Conscience is not prejudic'd by the mixture . 64 6. An argument not sufficient nor competent , though it do perswade us to a thing in it self good , is not the ground of a right , nor a sufficient warrant for a sure Conscience . 73 7. A Conscience determined by the counsil of wise men , even against its own inclinations , may be sure and right . 80 8. He that sins against a right and a sure Conscience , what ever the instance be , commits a great sin , but not a double one . 81 9. The goodnesse of an object is not made by Conscience , but is accepted , declared and published by it , and made personally obligatory . 95 CHAP. III. Of the Confident or erroneous Conscience . 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 2. An erroneous Conscience binds us to Obedience , but not so as a right Conscience does . 102 3. A Conscience erring vincibly or culpably is an unavoidable cause of sin , whether it be resisted or complied with . 109 4. It is a greater sin to doe a good action against our Conscience , then to doe an evil action in obedience to it . 111 5. It is not lawfull to delight in an evil action ( after the discovery of our error ) which we did innocently in our erroneous Conscience . 112 6. An innocent or invincibly erring Conscience is to be obeyed even against the known Commandements of a Superiour . 113 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 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 CHAP. IV. Of the Probable or thinking Conscience . 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 eligible . 119 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 3. Of two Opinions equally probable upon the account of their proper reasons , one may be safer then another . 144 4. An Opinion that is speculatively probable is not alwaies practically the same . 144 5. The greater probability destroys the less . 146 6. When two Opinions seem equally probable the last determination is to be made by accidents , circumstances and collateral inducements . 150 7. It is not lawfull to change our practicall sentence about the same object , while the same probability remains . 154 8. An Opinion relying upon very slender probability is not to be followed , except in the cases of great necessity or great charity . 154 9. Multitude of Authors is not ever the most probable inducement , nor doth it in all cases make a safe and sure Conscience . 156 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 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 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 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 favourable . 172 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 according to the Conscience of the Penitent . 173 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 otherwise undeterminable . ibid. CHAP. V. Of a Doubtfull Conscience . 1. A Doubtfull Conscience assents to neither side of the question , and brings no direct obligation . 174 2. A negative doubt neither binds to action nor inquiry nor repentance , but it binds only to caution and observance . 175 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 4. In doubts of right or Law we are alwaies bound to enquire : but in doubts of fact not alwaies . 178 5. In doubts the safer part is to be chosen . 180 6. It is lawfull for the Conscience to proceed to action against a doubt that is merely speculative . 184 7. Every dictate and judgment of the Conscience , though it be little and less material , is sufficient , and may be made use of for the deposition of a doubt . 187 8. When two precepts contrary to each other meet together about the same question , that is to be preferred which binds most . 188 CHAP. VI. Of the Scrupulous Conscience . 1. A Scruple is a great trouble of mind proceeding from a little motive and a great indisposition , by which the Conscience , though sufficiently determined by proper arguments , dares not proceed to action , or if it does , it cannot rest . 208 2. A Conscience sufficiently instructed by its proper ●●guments of perswasion may without sin proceed to action against the Scruple , and its weaker arguments or stronger tremblings . 213 3. He that is troubled with scruples ought to relie upon the judgment of a prudent Guide . ibid. 4. When a Doubt is resolved in the entrance of an action , 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 . ibid. 5. A Scrupulous Conscience is to be cured by remedies proper to the disease and to the man. 215 SECOND BOOK . Of Divine Laws , and all Collaterall Obligations . CHAP. I. Of the Law of Nature in Generall . 1. THE Law of Nature is the Universall Law of the world , or the Law of Mankind , 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 2. The Law of Nature is the foundation of all Laws , and the measure of their obligation . 243 3. The first or greatest band of the Law of Nature is fear of punishment . 244 4. The second band of Vertue is Love , and its proper and consequent deliciousness . 247 5. The Imperfection of some provisions in civil Laws are supplied by the natural obligation remaining upon persons civily incapable . 251 6. Sins against the Law of Nature are greater or less , not by that proportion , but by the greatness of the matter , and the evil consequent or the malice of the Sinner . 258 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 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 9. The Law of Nature can be dispensed with by the Divine power . 263 10. The Law of Nature cannot be dispensed with by any Humane power . 269 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 publick voice . 274 12. The Exactness of naturall Laws is capable of interpretation , and may be allayed by Equity and Piety and Necessity . 275 CHAP. II. Of the Law of Nature as it is drawn up in the Christian Law. 1. WHen the Law of Jesus Christ was established , the Old Testament or the Law of Moses did no longer oblige the Conscience . 275 2. The Ceremoniall Law of Moses is wholly void . 280 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 4. The ten Commandments of Moses , commonly called the Morall Law , is not a perfect Digest of the Law of Nature . 318 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 accounted as parts of the Morall Law , and equally oblige the Conscience . 323 6. Every thing in the Decalogue is not obligatory to Christians , is not a part of the Morall Law or Naturall . 324 The measures of difference to discern between Morall precepts and precepts not Morall in all the Laws of God. 367 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 CHAP. III. Of the Interpretation and Obligation of the Laws of JESUS CHRIST . 1. IN Negative precepts the Affirmatives are commanded , and in the Affirmative commandments the Negative are included . 389 2. When a Negative and an Affirmative seem opposite in any sense , the Affirmative is to be expounded by the Negative , not the Negative by the Affirmative . 395 3. In the Affirmative and Negative precepts of Christ , not only what is in the words of the Commandment , but whatsoever is symbolicall or alike , is equally forbidden or commanded . 396 4. When any thing is forbidden by the Laws of Jesus Christ , all those things are forbidden also which follow from that forbidden action , or for whose sake it was forbidden . 402 5. The Laws of Jesus Christ are the measures of the Spirit , and are alwaies to be extended to a spiritual signification . 404 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 religion . 408 All acts of vertue are to be preferred before the Instruments of it ; and that which exercises it before that which signifies it ; and the inward Act before the outward . 410 6. The Imperate Acts or outward expressions of one Commandement must not contradict the Elicit Acts of another . 411 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 8. The Suppositive Propositions with the supervening advices of our B. Saviour are alwaies equivalent to matter of Duty , and are by Interpretation a Commandement . 417 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 10. If the sense of a Law be dubious , we are sometimes to expound it by Liberty , sometimes by Restraint . 432 11. The positive Laws of Jesus Christ cannot be dispensed with by any Humane power . 440 12. Not every thing that is in the Doctrines and Sermons of Jesus Christ was intended to bind as a Law or Commandement . 448 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 14. The Christian Law both of Faith and Manners is fully contained in the H. Scriptures , and from thence only can the Conscience have divine warrant and authority . 472 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 16. The Laws of Jesus Christ are to be interpreted to the Sense of a present Obedience according to the subject matter . 520 17. Because the Laws of Jesus Christ were delivered in Sermons to a single person or a definite 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 18. Evangelicall Laws given to one concerning the duty of another do in that very relation concern them both , but in differing degrees . 546 19. Custome is no sufficient Interpreter of the Laws of Jesus Christ. 548 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 THE SECOND VOLVME . THIRD BOOK . Of Humane Laws , &c. CHAP. I. Of Humane Laws in general . 1. THE Conscience is properly and directly , actively and passively under pains of sin and punishment obliged to obey the Laws of men . 3 Rules whereby to conjecture at the gravity or lessening of the Sin of disobedience to humane Laws . 2. Humane Laws doe not oblige the Conscience to an active obedience , when there is an imminent danger , or an intolerable or very grievous evil in the obedience . 26 3. The Laws of our Superiour that are not just and good do not bind the Conscience . 32 4. A Law that is founded on a false presumption does not oblige the Conscience . 37 5. Humane Laws do bind the Conscience to or from an act in secret as well as in publick . 40 6. Humane Laws before sufficient promulgation do not oblige the Conscience . 44 7. That a Law should oblige the Conscience does not depend upon the acceptation of the Law by the people . 46 8. Humane Laws of indifferent matter do not oblige the Conscience of the Subjects out of the Dominions of the Superiour . 49 9. Obedience to Laws is to be paid according to what is commanded , not according to what is best . 51 CHAP. II. Of Laws Penall and Tributary . 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 2. Penall do sometimes oblige the guilty person to the suffering the punishment even before the sentence and declaration of the Judge . 59. In what cases the Criminall is to be his own Executioner . 63. Signes by which we may judge when the Criminall is condemned ipso facto . 67 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 4. He that hath suffered the punishment is not discharged in Conscience , unless he also repent of the disobedience . 79 5. It is not lawfull for a guilty person to defend himself by calumny or a lye , from the penalty of the Law , though it be the sentence of death . 82 6. It is not lawfull for private Christians without publick authority to punish malefactors , but they may require it of the Magistrate in some cases . 107 7. It is not lawfull to punish one for the offence of another merely and wholly . 117 8. The Laws of Tribute are Morall Laws and not Penall , except it be by accident ; and therefore do oblige the Conscience to an active obedience . 124 9. The Laws of tribute have the same conditions , causes , powers and measures with other Laws of government . 125 10. Tribute and custome , which are due , are to ●e paid , whether they be demanded or no. 127 CHAP. III. Of Kings , Princes and all Supreme Civill Powers , and their Laws in Speciall . 1. THE Supreme power in every Republic is universal , absolute and unlimited . 130 2. The Supreme power is superior to the Civill Laws , but not wholy free from them . 138 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. 4. The Supreme civil power is also supreme Governour over all persons and in all Causes Ecclesiasticall . 160 5. Kings have a legislative power in the affairs of Religion and the Church . 174 6. The Supreme civil power hath a power of coercion over every person in the whole Order Ecclesiasticall . 178 7. The Supreme civil power hath Jurisdiction in causes not only Ecclesiasticall but Internal and Spirituall . 199 8. The Supreme civil power is to govern in causes Ecclesiasticall by the means and measures of Christ's institution , that is by the assistance and ministeries of Ecclesiastical persons . 207 CHAP. IV. Of the power of the Church in Canons and Censures , with their obligations and powers over the Conscience . 1. THE whole power which Christ hath left in ordinary to his Church is merely spiritual . 211 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 3. The Church hath power to make laws in all things of necessary duty by a direct power and a divine authority . 224 4. The Church hath power to make Laws in such things which are helps and apt ministeries and advantages of necessary duty . 226 The Rule [ The Accessory follows the nature of the Principall ] explicated . 227 5. When the Canons or Rules of Ecclesiasticall Rulers are confirmed by the Supreme civill power , they oblige the Conscience by a double obligation . 234 § . 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 7. It is not lawfull for the Ecclesiasticall power to excommunicate Christian Princes or the supreme civil power . 240 8. Ecclesiastical censures are to be inflicted by the consent and concurrence of the supreme civil power . 247 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 10. It is not lawfull to communicate with those whom the Church hath by a just sentence excommunicated . 260 § . 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 12. All those ritualls which were taught to the Apostles concerning ministeries , which were of divine institution , do oblige all Christendome to their observation . 269 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 14. The Canons of the antient Generall & Provinciall Councils are then laws to the Conscience when they are bound upon us by the authority of the respective Governours of Churches . 285 15. The Laudable customs of the Catholick Church which are in present observation do oblige the Conscience of all Christians . 287 16. The Decrees and Canons of the Bishops of Rome oblige the Conscience of none but his own subjects . 298 § . 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 18. Ecclesiasticall Laws of ceremonies and externall observances do not bind the Conscience beyond the cases of contempt and scandall . 313 19. Ecclesiasticall Laws must be charitable and easie ; and when they are not , they oblige not . 315 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 § . 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 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 23. Subscription to articles and forms of conf●ssion in any Particular Church is wholly of Politicall consideration . 356 CHAP. V. Of Laws Domestick , or the power which Fathers of Families have to bind the Consciences of their Relatives . 1. CHildren are bound to obey the Laws and Commandments of their Parents in all things Domesticall , and in all actions personall relating to the familie , or done within it . 359 2. Fathers have a power to chastise their offending children , but not a power of life and death . 364 3. A Father hath power over the goods and persons of his children so as to be maintained by them . 366 4. The Fathers power doe● not extend to matter of Religion and perswasions of Faith. 369 5. The Fathers power over the children can remit an injury done to them without their leave or consent . 371 6. A Fathers authority cannot abide after his death , but the Sons piety to his Father must and may pass upon him some indirect obligations . 372 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 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 CHAP. VI. Of the Interpretation , Diminution and Abrogation of Humane Laws . § . I. Of Equity . 1. WHen the Letter of the Law is burdensome and unjust , the meaning and charity of the Law does only oblige the Conscience . 398 § . II. Of Judiciall Interpretation . 2. When the power that made the Law does interpret the Law , the Interpretation is authenticall , and obliges the Conscience as much as the Law , and can release the bond of Conscience so far as the Interpretation extends as much as if the Law were abrogated . 407 § . 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 § . IV. Dispensation . 4 . 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 . 423 § . V. Commutation . 5 . 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 . 426 § . VI. Contrary Customes . 6 . A Custome can interpret a Law , but can never abrogate it without the consent of the supreme power . 427 § . VII . Abrogation . 7. Abrogation of a Law by a competent , that is , the Supreme power , may be just and reasonable , though the Law it self be neither unreasonable nor unjust . 431 FOURTH BOOK . Of the Nature and Causes of Good and Evil. CHAP. I. Of the Efficient Causes of all Humane Actions good or evil . § . I. Of Choice and Election voluntary and involuntary . 1. AN action is neither good nor evil , unless it be voluntary and chosen . 437 2. The virtuall and interpretative consent of the will is imputed to Good or Evil. 455 Rules of conducting our Sports and Recreations . 473 3. The Act of the will alone , although no externall action or event do follow , is imputed to Good or Evil by God and men . 480 4. An Involuntary effect proceeding form a voluntary cause is imputed to the Agent as if it were voluntary and directly chosen . 489 § . 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 6. Ignorance does alwaies excuse the fact , or diminish the malignity of it , or change the kind or nature of the Sin. 500 § . 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 CHAP. II. Of the Finall cause of Humane actions , and its influence or causality of Good and Evil. 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 2. To do an action of it self lawfull for temporall regards , for ends of profit , pleasure , or honour , is not unlawfull , except it be accidentally . 520 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 A Table of Questions solemnly handled and under distinct Titles . 1. WHether it be in any case , or in what case it is lawfull to chuse the Conclusion before the Premisses . Pag. 28 2. Whether one may believe a Proposition which he cannot prove . ibid. 3. Whether the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be corrupted . 31. n. 2. 4. How far the Conscience may be corrupted . 31. n. 3 5. Of what use RIGHT REASON ought to be in religion . 42. n. 8 6. Whether they that enter into H. Orders are bound principally to design the glory of God. 65 7. Whether it be lawfull to perswade a man to believe a truth by arguments which himself judges insufficient . 73 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 9. Whether a Judge must give sentence according to the evidence of those witnesses whom he knows false , or according to his Conscience , though contrary to a legal process . 82. n. 5. 10. Whether a false and abused Conscience can oblige us to pursue the error . 102. n. 3 11. Whether obedience to a Conscience erring vincibly or culpably be a double sin in the action and the principle . 12. A Discourse to prove that the RELIGION of JESUS CHRIST is from God. 124 13. Whether it be lawfull to severall persons to use probable arguments contradictory to one another for ends in themselves lawfull . 154 14. How the Ignorant and vulgar people shall proceed , when the Teachers are divided in opinion . 159 15. When the Authority of Divines is to be followed , when that of Lawyers . 165 16. Whether it be lawfull to advise , determine or petition another to a lesser sin , that thereby he may avoid a greater . 189 17. Whether it be lawfull for a wife that she may live with some degree of comfort to connive at her Husbands stolen pleasures , and what is the Womans duty , and most prudent course in this case . 190 LIB . II. 18. Whether a will not sufficiently ratified according to the Civil Law be valid to the injury of any of the Legatees . 254 19. Whether we under the Gospel are still bound to abstain from blood and things strangled . 281 20. Whether the Judiciall Law of mutuall abstinence in the daies of womens separation obliges Christians . 287 21. Whether Cosen-Germans may marry one another . 301 22. Whether it be against the Law of Nations to doe so . 309 23. Whether it be lawfull to make a picture or Image of God. 331 24. Whether it be lawfull for Christians to worship God by an Image . 337 25. How we are to celebrate the Lords day . 363 26. Whether it is lawfull for a Prince to permit any thing for the publick necessities of the people , which is forbidden by the Laws of Jesus Christ. 374 27. Of the measures of War by Christ's Law. 377 28. Whether the precedents of the Old Testament are a Law to them that go to war. 380 29. Of the Negative measures of Examples in the Old Testament . ibid. 30. Of the Example of Christ. 383 31. Of the use of Examples in the Old and New Testament . 386 32. Of the Positive measures of Examples , and which may be safely followed . 387 33. Why the Law of Moses consisted of Negatives all but one . ibid. 34. In what cases the stricter sense of the Laws of Christ is to be followed . 432 35. When the Laws of Christ are to be expounded to a sense of ease and liberty . 433 36. Who are truly and innocently weak and to be complied with . 437 37. What are the notes of difference between counsels and commands Evangelicall . 452 38. Whether we are to require from Scripture a warrant for every action we doe in common life . 454 39. Whether in matters of religion we may use any thing for which we have no express word in Scripture . 457 40. Of Will-worship . ibid. 41. What voluntary or uncommanded actions are lawful or commendable . 459 42. Whether there be any , or what are those rules by which we may discern tradition . 493 43. Whether or no and how far a Negative argument from Scripture is to prevail . 501 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 salvation in one age cannot serve in another . 508 45. At what time precisely is every sinner bound to repent of his Sins , so that if he does not repent at that time , he commits a new sin . 523 46. Whether a man is bound to repent not only the first time , but every time he thinks of his Sin. 537 47. Whether the Customs of Jews or Gentiles or indifferently of many nations be a just presumption , that the thing so practis'd is agreeable to the Law of Nature , or is any waies to be suppos'd to be consonant to the will of God. 551 LIB . III. 48. Whether the Laws of Men oblige the Conscience . p. 3. 49. Of Christian Liberty . 17 50. The difference of Divine and Humane Laws in their obligation . 23 51. Whether Humane Laws can command or forbid inward actions . 41 52. Whether it be lawfull to kill ones self to prevent a cruell death inflicted by his Enemies . 72 53. Whether in suffering the punishment annexed to penall Laws the Conscience is discharged without repentance . 79 54. Whether it can in any case be lawfull to tell a lie . 83 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 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 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 58. Whether it be lawfull for a Christian to require of the Magistrate that his offending Brother may be punished . 114 59. Whether it be lawfull for the supreme Prince or Magistrate to aliene his Princely rights , or to give away any parts of his Kingdome . 137 60. Whether a Prince is subject to the Laws which he makes . 138 61. What Laws they are from which a Prince is freed ; what is the right or prerogative of the Supreme Power . 145 62. Whether it be lawfull for Subjects to take up arms against the Supreme power . 150 63. In what sense the service of God is to be preferred before every thing else . 180 64. Which are to be preferred , and which are better , things spirituall or temporall . 183 65. Whether are to be preferred , Spirituall or temporall persons . 186 66. Whether the eminency of the spirituall calling , and the consequent prelation of spirituall persons can exempt them from secular coercion , and make them superiour to Princes . 188 67. Whether is to be obeyed , the Prince or the Bishop , if they command contrary things . 191 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 69. Whether the supreme Civill power hath authority to convene and dissolve Synods Ecclesiasticall . 203 70. Whether the Supreme Civill power hath a power of externall judgment in matters of faith . 205 71. Whether the Guides of Souls have a proper and spirituall power to enjoin Penances or Ecclesiasticall Satisfactions to a Prince that hath sinned publickly . 244 72. Of the Lent Fast & the weekly fasting . 273 73. The Lent Fast is not a Tradition or Canon Apostolicall . 275 74. Whether Ecclesiastical Laws may be perpetuall . 303 75. What persons are tied to the observation of Ecclesiasticall fasts , and in what cases . 317 76. Of Musick in Churches . 329 77. Of the Marriage of Bishops and Priests . 332 78. Whether it can be lawfull to subscribe what he does not believe to be true . 358 79. Whether it be lawfull for children to enter into any religious vow or state without the consent of their Parents . 378 80. Whether they may lawfully marry without or against their parents consent . 381 81. Of Exemption from the power of Fathers . 390 82. Whether if the Grand-father be alive and the Son in his power , it be sufficient to legitimate the marriage of the Son , if the Grand-father consent , though the Father be not asked . 391 83. Whether if the Parents have consented and authorized the treaty of marriage , till the affections of the children are irrevocably engaged , and afterwards recall their consent , the children are bound to obey their Parents . 392 84. Whether Mothers have the same authority ever their children as their Fathers have . 393 85. VVhether the power of Parents is such that they can compell a Son or Daughter to marry whom or when they will. 394 86. Whether the Law obliges no more , when its reason ceaseth . 411 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 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 89. Whether it be a just and prudent cause to take a thing quite away because it has been abused . 432 90. Whether every action of our life ought to be directed by a right Conscience , or a well-perswaded will : Or , Are not some Actions , not only in their whole kind , but in their Circumstances and Limitations also , merely indifferent ? 444 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 92. Upon whom doth the greater portion of the guilt lie , upon him that commands a sin , or him that sins in obedience ? 458 93. How farre it can be lawfull to permit a sin . 464 94. Whether to make and provide the instruments which usually minister to sin , makes us also guilty . 467 95. Whether it be lawfull to play at Cards or Dice . 469 96. Whether the Sin of the Action be distinct from that of the Affection . 481 97. Of the identity and diversity respectively of actions internall and externall , and the multiplication of sins by them . 483 98. What degrees of guiltiness are contracted by the beginnings and desires of wickedness which are imperfect and unfinished . 486 99. Whether a mad man may be punished for a fact he did in his health . 491 100. Of what things a man may be innocently ignorant , and what not . 494 101. What diligence is necessary that our ignorance may be innocent . 496 102. What is a probable ignorance . 497 103. Whether drunkennesse does excuse , or extenuate , or aggravate the crimes which it occasions . 505 104. What morality is in those actions which are done by a man that is abused into ignorance by the fraud of another . 509 105. Whether it be lawfull to serve God for any end less then himself , for riches , honour , &c. 523 106. In what sense it is true that God must be served purely for his own sake , and vertue pursued for vertues sake . 524 QUESTIONS more briefly handled . 1. WHether a man can be wholly without Conscience . lib. 1. cap. 1. rul . 1. n. 5. 2. From whence Conscience hath the power to torment a man. l. 1. c. 1. r. 2. n. 18. p. 20. 3. Why is the Conscience more afraid in some sins then others ? l. 1. c. 1. r. 2. n. 21. p. 21. 4. Whether Ecclesiasticks ever ought to leave one Church for another . l. 1. c. 1. r. 5. n. 23. p. 69. 5. Whether it be lawfull to use argumenta ad hominem . l. 1. c. 2. r. 6. n. 10. p. 75. 6. Whether a Conscience invincibly erring is to be obeyed against the known commands of our Superiour . l. 1. c. 3. r. 6. p. 114. 7. Whether the Error of a Conscience may be laid down upon an argument less probable then that which first produced the error . l. 1. c. 3. r. 7. n. 2. p. 116. 8. Whether a morall demonstration be a sufficient ground of certainty in duties . l. 1. c. 4. r. 2. n. 2. p. 121. 9. Whether when two probable opinions are practically compared , it is lawfull to reject that which is more probable . l. 1. c. 4. r. 5. n. 3. p. 148. 10. VVhether when two opinions seem equally probable , the understanding ought to chuse neither . l. 1. c. 4. r. 6. n. 1. p. 150. 11. Whether the lesser evil in respect of the greater hath the nature of good , and whether it may be lawfully chosen , if necessity force to chuse one . l. 1. c. 5. r. 8. n. 25. p. 199. 12. Whether the Christian Law be a collected body of the Laws of Nature . l. 2. c. 1. r. 1. n. 40. p. 235. 13. Whether it be lawfull to serve God with intuition of reward . l. 2. c. 1. r. 4. n. 9. p. 250. 14. Whether the Divine power can dispense with the Law of Nature . l. 2. c. 1. r. 9. p. 263. 15. How God dispenseth with his Laws . l. 2. c. 1. r. 9. n. 3. p. 264. 16. What Laws of Nature can be dispensed with . l. 2. c. 1. r. 9. n. 10. p. 267. 17. Whether it be rightly said , Per Jus Gentium & Civile aliquid detrahitur de Jure Naturali . l. 2. c. 1. r. 10. n. 2. p. 269. 18. Whether the Pope can dispense with the Law of Nature . l. 2. c. 1. r. 10. n. 9. p. 271. 19. Whether Abraham were brother to Sarah . l. 2. c. 2. r. 3. n. 31. p. 300 , 305. 20. What is meant Levit. xviii . 6. by , None of you ; and , Near of kin to you . l. 2. c. 2. r. 3. n. 36 , 39. p. 302. 21. Whether Christ gave any new precepts which were not in the Mosaicall Digest . 319. 22. Whether that which we call the second Commandment be a distinct Commandment , or an explication only of the first . 325. 23. Whether it is well to divide the tenth Commandment into two . 327. 24. Whether it be lawfull to make an image . 330. 25. Whether Spirituall persons should be exempt from Secular Jurisdiction . l. 2. c. 2. r. 6. n. 67. p. 368. 26. Whether an example out of the Old Testament be sufficient warrant for us . l. 2. c. 2. r. 7. n. 26. p. 380. 27. Whether in the Law of Moses , the Affirmative Laws are included in the Negative . l. 2. c. 3. r. 1. n. 7. p. 391. 28. Whether the Arguments of an old Heretick new made use of still increase the account of the first sin . l. 2. c. 3. r. 4. n. 6. p. 404. 29. Whether marriage be an universall Commandment . l. 2. c. 3. r. 9. n. 2. p. 420. 30. Whether the Lords Supper be to be administred to all in both kinds . l. 2. c. 3. r. 9. n. 5. p. 421. 31. Whether in the Holy Eucharist whole Christ be received under each kind . l. 2. c. 3. r. 9. n. 26. p. 427. 32. Whether the blood is received in the Bread by concomitance . l. 2. c. 3. r. 9. n. 26. p. 429. 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 . l. 2. c. 3. r. 11. n. 6. p. 441. 34. Whether it be lawfull to break the vow and bonds of marriage to enter into a religious house . l. 2. c. 3. r. 11. n. 9. p. 443. 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 . l. 2. c. 3. r. 11. n. 17. p. 446. 36. Whether it be as great a sin to teach for necessary doctrines the prohibitions of men as the injunctions . l. 2. c. 3. r. 13. n. 20. p. 463. 37. What Superstition is . l. 2. c. 3. r. 13. n. 26. p. 466. 38. Whether the Sacrifice of Abel was will-worship . l. 2. c. 3. r. 13. n. 27. p. 467. 39. Whether whatsoever is taught us by naturall reason is bound upon us by a naturall law . l. 2. c. 3. r. 13. n. 28. p. 467. & c. 1. r. 1. n. 30. p. 230. 40. Whether the Holy Scriptures contain the whole will of God. l. 2. c. 3. r. 14. n. 2. p. 473. 41. What is the use of Traditions . l. 2. c. 3. r. 14. n. 13. p. 483. 42. Whether Tradition after the consignation of the Canon of Scriptures be of any use in Questions of Faith or manners . l. 2. c. 3. r. 14. n. 23. p. 487. 43. Whether Traditions can be proved out of Scripture . l. 2. c. 3. r. 14. n. 38. p. 494. 44. Whether the belief of the Catholick Church is a sufficient argument to prove a Tradition to be Apostolicall . l. 2. c. 3. r. 14. n. 39. p. 495. 45. Whether a Council or the Doctors of the Church can give sufficient Authority to Tradition . l. 2. c. 3. r. 14. n. 42. p. 499. 46. What Authority an uninterrupted Succession from Apostolicall men can give to a Tradition . l. 2. c. 3. r. 14. n. 43. p. 500. 47. Whether it be lawfull to defer Baptisme till near death . l. 2. c. 3. r. 16. n. 1. p. 521. 48. Whether a man be bound to weep as often as he thinks of his sin . l. 2. c. 3. r. 16. n. 36. p. 539. 49. Whether the Bishop that ordeins , or he that is ordeined , or they that chuse do sin , if the Bishop be unfit . l. 2. c. 3. r. 18. n. 1. p. 547. 50. Whether Christian Liberty extend to the freeing from all humane Laws made concerning ceremonies . l. 3. c. 1. r. 1. n. 28. p. 18. 51. Whether Humane Laws bind to their observation with the danger of life . l. 3. c. 1. r. 2. n. 2. p. 27. 52. Whether a Law that binds under pain of mortall sin does also bind to obedience though death attend it . l. 3. c. 1. r. 2. n. 10. p. 28. 53. When the Supreme power can bind to the observation of his Laws though with danger of death . l. 3. c. 1. r. 2. n. 12. p. 29. 54. Whether Laws have their binding power from the consent of the people . l. 3. c. 1. r. 7. n. 5. p. 47. 55. Whether when a Law is refused by the greater part of the people , single persons are excused . l. 3. c. 1. r. 7. n. 9. p. 49. 56. Whether for a lawfull Magistrate to put a malefactor to death flagrante crimine be against charity . l. 3. c. 2. r. 1. n. 4. p. 54. 57. VVhether a liee may be told to another for the benefit of a third person . l. 3. c. 2. r. 5. n. 12. p. 87. 58. Whether a lie may be told to save ones good name and prevent disgrace . l. 3. c. 2. r. 5. n. 17. p. 92. 59. VVhether a Generall may tell a lye and use stratagems . l. 3. c. 2. r. 5. n. 19. p. 93. 60. Whether a Prince is to be accounted a private person , when he proceeds not according to the sentence and methods of Law. l. 3. c. 2. r. 6. n. 11. p. 111. 61. Whether Judiciall duells are lawfull . l. 3. c. 2. r. 6. n. 12. p. 112. 62. Whether it be lawfull for Christians to goe to law one with another . l. 3. c. 2. r. 6. n. 18. p. 115. 63. Whether it be lawfull to punish one for another of persons conjoined by Contract . l. 3. c. 2. r. 7. n. 5. p. 118. 64. Whether it be lawfull to imprison or torment insolvent Debtors . l. 3. c. 2. r. 7. n. 5. p. 118. 65. Whether persons affianced by Nature may be lawfully punished one for another . l. 3. c. 2. r. 7. n. 11. p. 121. 66. Whether persons affianced by Crime may be punished one for another . l. 3. c. 2. r. 7. n. 12. p. 122. 67. Whether it be unlawfull to deny tribute on pretence it is unjust . l. 3. c. 2. r. 10. n. 3. p. 128. 68. What the Bishops are to doe , if the Civill power forbid that any invocation of the H. Ghost be made in the publick Liturgies . l. 3. c. 3. r. 6. n. 29. p. 196. 69. Whether it be lawfull for the Spirituall power by spirituall censures to punish those actions which the Civil power permits . l. 3. c. 3. r. 6. n. 32. p. 197. 70. How to know which is the Accessory and which the Principall . l. 3. c. 4. r. 4. n. 6. p. 227. 71. In what sense the Accessory does follow the nature of the Principall . l. 3. c. 4. r. 4. n. 12. p. 229. 72. Whether the Bishops can give Laws which properly and immediately bind the transgressors under sin . l. 3. c. 4. r. 4. n. 23. p. 233. 73. In what cases Excommunication may be lawfully inflicted . l. 3. c. 4. r. 9. n. 6. p. 257. 74. VVhether such sentences in Law as declare a man Excommunicate ipso facto be unlawfull . l. 3. c. 4. r. 9. n. 11 , 12. p. 259. 75. VVhat is meant by that word of our Saviours , teaching for doctrines the Commandments of men . l. 3. c. 4. r. 17. n. 8. p. 303. 76. VVhether Bishops and Priests may marry after Ordination . l. 3. c. 4. r. 20. n. 24. p. 343. 77. When the Law expresly names the punishment , whether there can be any relief by Equity or Interpretation . l. 3. c. 6. r. 1. n. 17. p. 406. 78. VVhether a Custome can abrogate a Law. l. 3. c. 6. r. 6. n. 4 , 5 , 6 , 7. p. 429. 79. VVhèther the VVill be free in it's actions . l. 4. c. 1. r. 1. n. 2 , 3. p. 440. First Volume Contains BOOK FIRST , OF CONSCIENCE IN GENERAL , viz. the Right , Confident or Erroneous , Probable or Thinking , Doubtfull and Scrupulous Conscience . ( Page 1. SECOND BOOK , OF LAWS DIVINE , viz. the Laws of Nature , Moses and Christ , and all Collateral Obligations . ( pag. 220. Second Volume Contains BOOK THIRD , OF HUMANE LAWS , Their Obligation and Relaxation , and of the Collaterall , Indirect and Accidental bands of Conscience . ( pag. 1. BOOK FOURTH , OF THE NATURE AND CAUSES OF GOOD And EVIL , Their Limits and Circumstances , Aggravations and Diminutions . ( pag. 437. NON MAGNA LOQVIMVR . SED VIVIMVS ▪ NIHIL OPINIONIS GRATIA . OMNIA CONSCENTIAE FACIAM DVCTOR DVBITANTIVM , OR , The Rule of Conscience . THE FIRST BOOK . Of Conscience , the kindes of it , and the general Rules of conducting them . CHAP. I. The Rule of Conscience in general . 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 ; viz. to conduct all our relations , and all our entercourse between God , our Neighbours , and our Selves : that is , in all moral actions . GOD governs the world by several attributes and emanations from himself . 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 , by learning and custome : so that it was well said of S. Bernard , Conscientia candor est lucis aeternae , & speculum sine macula Dei Majestatis , & imago bonitatis illius . Conscience is the brightness and splendor of the eternal light , a spotless mirror of the Divine Majesty , and the image of the goodness of God. It is higher which Tatianus said of Conscience , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Conscience is God unto us ; which saying he had from Menander , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and it had in it this truth , That God who is every where in several manners , hath the appellative of his own attributes and effects in the several manners of his presence . Jupiter est quodcunque vides , quocunque moveris . That providence which governs all the world is nothing else but God present by his providence : and God is in our hearts by his Laws : he rules in us by his Substitu●e our conscience . God sits there and gives us laws ; and as God said to Moses , I have made thee a God to Pharaoh , that is , to give him Laws , and to minister in the exec●tion of those Laws , and to inflict angry sentences upon him ; so hath God done to us . He hath given us Conscience 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 Conscience is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Houshold Guardian , The Domestick God , The Spirit or Angel of the place : and when we call god to witness , we onely mean , that our conscience is right , and that God and Gods Vicar , our conscience knows it . So Lactantius : Meminerit Deum se habere testem , id est , ut ego arbitror , mentem suam , quâ nihil homini dedit Deus ipse divinius . 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 , It is the image of God ; and as in the mysterious Trinity , we adore the will , memory and understanding , and Theology contemplates three persons in the analogies , proportions and correspondencies of them : so in this also we see plainly that Conscience is that likeness of God in which he was pleased to make man. For although conscience be primarly founded in the understanding , as it is the Lawgiver , and Dictator ; and the rule and dominion of conscience fundatur in intellectu , is established in the understanding part ; yet it is also Memory , when it accuses or excuses , when it makes joyful and sorrowful ; and there is in it some mixture of will , as I shall discourse in the sequel ; so that conscience is a result of all , of Understanding , Will , and Memory . But these high and great expressions are better in the Spirit then in the letter ; they have in them some●hing of institution , and some●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●ke us afraid to sin against our conscience , because by so doing we sin against God ; he having put a double bridle upon us , society and solitude , that is , company , and our selves , or rather , God and Man ; it being now impossible for us to sin in any circumstances , but we shall have a reprover : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Hierocles said well ; that neith●r company may g●ve countena●ce or excuse to sin , or solitariness may give confidence or warranty ; for ●s we are ashamed to sin in company , so we ought to fear our conscience , which is Gods Watchman and Intelligencer . To which purpose it was soberly spoken of Tertullian , Conscientia optima testis Divinitatis ; our conscience is the best argument in the world to prove there is a God : For conscience is Gods deputy ; and the inferiour must suppose a superiour ; and God and our conscience are like relative terms , it not being imaginable why some persons in some cases should be am●z'd and troubled in their minds for their having done a secret turp●tude , o● cruelty ; but that conscience is present with a message from God , and the men feel inward 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 . Quest. SOme dispute whether it be possible or no for any man to be totally without conscience . Tertullians sentence in this article is this , Potest obumbrari quia non est Deus : extingui non potest quia à Deo est . It is not God , and therefore 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 conscience , as they lose their reason : 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 believe 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 . But it is to be observed , that conscience is sometimes taken for the practical intellective faculty ; so we say the law of nature , and the fear of God is written in the conscience of every man. 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 makes conscience of his ways . And thus we also say , and it is true , that a wicked person is of a profligate and lost conscience . He hath no conscience in him . That is , he hath lost the habit , or that usual perswasion and recourse to conscience by which good men govern their actions . 3. Or the word conscience is used effectively , for any single operation and action of conscience : so we speak of particulars , I make a conscience of taking up arms in this cause . Of the first and last acceptation of the word Conscience , there is no doubt ; for the last may , and the first can never be lost : But for the second , 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 torment 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 the worm shall never die . For , 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 & the conscience reserve their wrath to be inflicted in hell . It is one and the same thing ; Gods wrath , and an evil guilty conscience : 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 by the ministery of Angels , and when the people broke it , he sent evil angels among them ; now God gives us a law in our consciences , and there he hath established the penalty ; This is the worm that never dies ; let it be trod upon never so much here , it will turn again . It cannot die here , and it shall be alive for ever . But by explicating the parts of the Rule , we shall the best understand the Nature , Use , and Offices of Conscience . Conscience is the minde of a Man — When God sent the B. Jesus into the world to perfect all righteousness , and to teach the world all his Fathers will , it was said , and done , I will give my laws in your hearts , and in your mindes will I write them ; 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 inducements to their observation , and make it all as naturall to us , as what we were born with . Our minde being thus furnished with a holy Rule , and conducted by a divine Guide , is called Conscience ; and is the same thing which in Scripture is sometimes called , The heart * ; there being in the Hebrew tongue , no proper word for Conscience , but in stead of it they use the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the heart ; Oftententimes also thine own heart knoweth , that is , thy conscience knoweth , that thou they self hast cursed others : so in the New Testament , Beloved , if our hearts condemne us not , then have we peace towards God ; viz. If in our own consciences we are not condemned . Sometimes it is called Spirit * , the third ingredient of the constitution of a Christian ; the Spirit , distinct from Soul and Body . For as our Body shall be spiritual in the resurrection , therefore because all its offices shall intirely 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 the Spirit . This is that which is affirmed by S. Paul , The word of God sharper then a two edged sword , dividing the soul and the spirit ; that is , the soul is the spirit separated by the word of God , instructed by it , and by relation to it , is called , the spirit . And this is the sense of Origen , Testimonio sanè conscientiae uti Apostolus dicit eos qui descriptam continent in cordibus legem , &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 John saith , If our conscience condemne us not , then have we confidence towards God. And again , Paul himself saith in another place , Our glorying is this , even the testimony of our conscience ; 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 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 , concerning which , he saith , That spirit gives testimony to our spirit . So far Origen . Thus , Conscience is the Minde , and God writing his laws in our mindes is , informing our conscience , and furnishing it with laws and rules , and measures , and it is called by S. Paul , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the law of the minde ; and though it is once made a distinct thing from the minde ( as in those words , Their mindes and consciences are defiled ) yet it happens in this word as in divers others , that it is sometimes taken largely , sometimes specifically and more determinately : The minde is all the whole understanding part , it is the memory ; so Peter called to minde the word that Jesus spake , that is , he remembred it . It is , the signification or meaning , the purpose or resolution . No man knoweth the minde of the spirit , but the spirit . It is the discursive or reasoning part ; Mary cast in her minde what manner of salutation this should be . It is the assenting and determining part ; let every man be fully perswaded in his own minde : and it is also taken for Conscience , or that Treasure of rules which are in order to practice . And therefore when S. Paul intended to express the anger of God punishing evil men with evil consciences and false perswasions in order to criminal actions and evil worshippings , he said , God gave them over 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to a reprobate minde , that is , to a conscience evil perswaded , furnished with false practical principles ; but the return to holiness , and the improvement of a holy conscience is called , a being renewed in the spirit of our minde , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the renovation of the minde . Now there are two ways by which God reigns in the minde of a man , 1. Faith , and 2. Conscience . Faith contains all the treasures of Divine knowledge and speculation . Conscience is the treasury of divine Commandements and rules in practical things . Faith tells us why ; Conscience tells us what we are to doe . Faith is the measure of our perswasions ; Conscience is the measure of our actions . And as Faith is a gift of God , so is Conscience ; 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 Conscience instructed 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 perfectly instructed to every good work . Governed by a Rule — S. Bernard comparing the Conscience to a house , says it stands upon seven pillars . 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 reason . These indeed are some of them the fruits and effects , some of them are the annexes and appendages of a good conscience , but not the foundations or pillars upon which Conscience is built . For as for the first Good will. Conscience relies not at all upon the will directly . For though a Conscience is good , or bad , pure or impure ; and so the Doctors of Mystick Theology divide and handle it , yet a conscience is not made so by the will , formally , but by the understanding . For that is a good conscience , which is rightly taught in the word of life ; that is impure and defiled , which hath entertained evil and ungodly principles ; such is theirs , who follow false lights , evil teachers , men of corrupt minds . For the conscience is a Judge and a Guide , a Monitor and a Witness , which are offices of the knowing , not of the choosing faculty . Spiritum correctorem , & paedagogum animae , so Origen a calls it . The instructor of the soul , the spirit , the corrector . Naturale judicatorium , or naturalis vis judicandi , so S. Basil. The natural power of judging , or natures judgement seat . Lucem intellectus nostri , so Damascen cals it , The light of our understanding . 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 , they who strive to enter in , but shall not be able . 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 judgement seat . But I said , Conscience relies not upon the will [ directly ] yet it cannot be denied , but the will hath force upon the conscience collaterally and indirectly . For the evil will perverts the understanding , and makes it beleeve false principles ; deceiving and being deceived is the lot of false Prophets ; and they that are given over to beleeve a lie , 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 Heretick but a Blasphemer , and sins against the Holy Ghost ; and he that sees a Heretick run to the stake or to the gallows , or the Donatist kill himself , or the Circumcellian 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● 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 observed , that The will of man is cause of its actions either mediately or immediately . Some are the next products of our will ; such are Pride , Ambition , Prejudice , and these blinde the understanding , and make an evil and a corrupted conscience , 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 efficiently , but it is formally a depravation of the understanding . And therefore our wils also must be humble and apt , and desirous to learn , and willing to obey . Obedite & intelligetis , 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 dispositions , 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 [ Conscience is the inclination and propension of the will corresponding to practical knowledge ] Will and Conscience are like the cognati sensus , the Touch and the Tast ; or the Teeth and the Eares , affected and assisted by some common objects , whose effect is united in matter and some reall events , and distinguished by their formalities , or metaphysical beings . 2. Memory of Gods benefits , Is indeed a good ingagement to make us dutiful , 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 , viz. that we are specially oblig'd to our gracious lords ; and the obedience that is due to God as our lord doubles upon us by love and zeal when we remember him to be our bountiful Patron , and our gracious Father . 3. A clean heart , May be an effect and emanation from a holy Conscience ; but conscience 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. Paul uses the word , holding faith and a good conscience , which some having put away have made shipwrack , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Clemens Alexandrinus explicates the place ; they have by infidelity polluted their divine and holy conscience : but S. Paul 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 Mystick Divinity is more properly handled , in which sense also it is sometimes used in the law . Idem est conscientia quod vir bonus intrinsecè , said Ungarellus a out of Baldus b ; and from thence Aretine c gathered this conclusion , that if any thing be committed to the conscience of any one , they must stand to his determination & ab eâ appellari non potest ; there lies no appeal , quia vir bonus pro quo sumitur conscientia non potest mentiri & falsum dicere vel judicare . A good man , for whom the word conscience is used , cannot lie , or give a false judgement or testimony : of this sort of conscience it is said by Ben Sirach , Bonam substantiam habet cui non est peccatum in conscientiâ . It is a mans wealth to have no sin in our conscience . But in our present and future discourses , the word conscience is understood in the Philosophical sense , not in the Mystical , that is , not for the conscience as it is invested with the accidents of good or bad , but as it abstracts from both , but is capable of either . 4. A free spirit , Is the blessing and effect of an obedient will to a well instructed conscience , and more properly and peculiarly to the grace of chastity , to honesty and simplicity ; a slavish , t●morous , a childish and a trifling spirit being the punishment inflicted upon David before he repented of his fact with Bathsheba . 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 purposes , 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 cals [ A right soul ] To this is appendant also , that the conscience cannot be constrained , it is of it self a free spirit , 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 Moses , to a servile spirit , but to the laws of God alone , and the obedience of Jesus , willingly , chearfully , and in all instances , whether the Commandement be conveyed by the holy Jesus , or by his Vicegerents . But of this I shall afterwards give particular accounts . 5. A devout minde , May procure more light to the conscience , 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 . 6. But the last is perfectly the foundation of conscience . An enlightned Reason . To which if we adde what S. Bernard before cals a right soul , that is , an honest heart , full of simplicity and hearty attention , and ready assent , we have all that by which the conscience is informed and reformed , instructed and preserved in its just measures , strengths , and relations . For the Rule of Conscience 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 reason , and by enlightning , that is , natural and instructed . So that conscience is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is principled by creation , and it is instructed or illuminated in the regeneration . For God being the fountain of all good , and good 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 measure 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 obedience is made a duty . Measured by the proportions of good and evil — That is , 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 secret Table : The conscience or minde of a man is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the preserver of the Court Rols of heaven . But I added this clause , to the former of [ a Rule ] 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 correspondencies in like instances , are the measures of conscience . The whole measure and rule of conscience , The law of God , or Gods will , signified to us by nature , or revelation , and by the several manners and times and parts of its communication it hath obtained several names . The law of Nature . * The consent of Nations . * Right Reason . * The Decalogue . * 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Euripides 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 . In order to practice — In this , conscience differs from knowledge , which is in order to speculation , and ineffective notices . And it differs from faith , because although faith is also in order to practice , yet not directly and immediately : it is a collection of propositions , the belief of which makes it necessary to live well , and reasonable and chosen . But before the propositions of faith pass into action , they must be transmitted through another principle , and that is conscience . That Jesus Christ is the Son of God , and our Lord , and our Master , is a proposition of faith , and from thence if we pass on to practice , we first take in another proposition ; If he be our lord , where is his fear ? and this is a sentence , or virtual proposition of conscience . And from hence we may understand the full meaning of the word [ Conscience . ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and Conscientia , and so our English word Conscience have in them Science or Knowledge : the seat of it is the Understanding , the act of it is Knowing , but there must be a knowing of more together . Hugo de S. Victore says , that Conscientia est cordis scientia , Conscience is the knowledge of the heart . It is so , but certainly this was not the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and original of the word . But there is truth in the following period . Cor noscit se & alia . Quando autem se noscit appellatur conscientia , quando praeter se , alia noscit , appellatur scientia . Knowledge hath for its object any thing without ; but when the heart knows it self , then it is conscience . So it is used in Authors sacred and prophane . Nihil mihi conscius sum , saith S. Paul ; I know nothing by my self ; ut alios lateas , tute tibi conscius eris : and — hic murus aheneus esto , Nil conscire sibi — so Cicero to Marcus Rutilius uses it ; Cùm & mihi conscius essem quanti te facerem ; When I my self was conscious to my self how much I did value thee . But this acception of the word conscience is true , but not full and adequate ; for it onely signifies conscience as it is a Witness , not as a Guide . Therefore it is more reasonable which Aquinas and the Schoolmen generally use : that conscience is a conjunction of the universal practical law with the particular moral action : and so it is scientia cum rebus facti , and then it takes in that which is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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. Peter 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 remorse , a biting , or gnawing of his spirit , grief , and shame , and a consequent weeping : when all these acts meet together , it is the full process of conscience . 1. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the first act of conscience , S. Hierome cals Scintillam conscientiae , the spark or fire put into the heart of man. 2. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is specifically called conscience of the deed done , is the bringing fuel to this fire . 3. And when they are thus laid together , they will either shine or burn , acquit or condemne . But this complication of acts is conscience . The first is Science , practical science ; but annex the second : or it and the third , and then it is conscience . When Davids heart smote him , that is , upon his adultery and murder , his conscience thus discours'd . Adultery and Murder are high violations of the Divine Law , they provoke God to anger , without whom I cannot live , whose anger is worse then death . This is practical knowledge , or the principles of conscience ; but the following acts made it up into conscience . For he remembred that he had betrayed Uriah and humbled Bathsheba , 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 conscience is in two practical Syllogisms , in which the method is ever this . The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Repository of practical principles begins , and where that leaves , the conscience or the witness and Judge of moral actions begins , like Jacob laying hold upon his elder brothers heel . The first is this : Whatsoever is injurious ought not to be done , But to commit adultery is injurious , Therefore it ought not to be done : 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or practical repository . But when an action is done or about to be done , conscience takes the conclusion of the former Syllogism , and applies it to her particular case . Adultery ought not to be done , This action I go about , or which I have done , is adultery , Therefore it ought not to be done , or to have been done . This is the full proceeding of this Court ; after which many consequent solemnities and actions do pass , of sentence , and preparatory torments and execution . But this I am to admonish , that although this which I have thus defin'd , is the proper and full sence of the word Conscience according to art and proper acceptation , yet in Scripture it is used indifferently for an act of conscience , or any of its parts , and does not always signify in its latitude and integrity , but yet it all tends to the same signification ; and though the name be given to the faculty , to the habit , to the act , to the object , to the effect , to every emanation from the minde in things practical , yet still it supposes the same thing : viz. 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 definition of it when it is united in its own proper and integral constitution . To conduct all our relations and entercourses between God , our Neighbours and our Selves ; that is , in all moral actions . This is the final cause of conscience : and by this it is distinguished from prudence , which is also a practical knowledge and reduc'd to particular and circumstantiate actions . But 1. Prudence consists in the things of the world , or relative to the world ; Conscience in the things of God , or relating to him . 2. Prudence is about affairs as they are of advantage or disadvantage : conscience is imployed about them as they are honest or dishonest . 3. Prudence regards the circumstances of actions whether moral or civil : conscience only regards moral actions in their substance or essential proprieties . 4. Prudence intends to doe actions dexterously and prosperously : conscience is to conduct them justly 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 circumstances to be wholly indifferent to good or bad ; yet none is so to lawful or unlawful , the very indifferent , being therefore lawful because it is indifferent , and therefore to be considered by conscience , either actually or habitually : 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 morality , and are of proper cognisance in this Court. Qui didicit patriae quid debeat , & quid amicis : Quo sit amore parens , quo Frater amandus , & Hospes : Quid sit Conscripti , quid Judicis officium : quae Partes in bellum missi Ducis : ille profectò Reddere personae scit convenientiae cuique . That is the full effect of conscience , to conduct all our relations , all our moral actions . RULE 2. The duty and offices of Conscience are to dictate , and to testify or bear witness ; to accuse or excuse ; to loose or binde . THE first and last are the direct acts and offices of Conscience : the o●her are reflex or consequent actions , but direct offices . The first act which is , To dictate Is of that which Divines call the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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. Bernara cals it ) to be read and used for directions in all cases of dispute , or question or action : this is that which S. Paul cals the work of the law written in our hearts , 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 otherwise then it suggests and tels us : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said Achilles of Hector when he was violently angry with him ; I would my conscience would give me leave to eat thy very flesh . It s universal dictates are ever the most certain , and those are the first principles of justice and religion ; and whatsoever else can be infallibly and immediately inferr'd from thence , are her dictates also , but not primely and directly , 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 perswasion as is all that which is natural . And the conscience properly dictates nothing else , but prime natural reason , and immediate revelation ; whatsoever ●●es after these two , is reach'd forth to us by two hands , 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 conscience , if the argument be moral : now the ways by which God speaks to us immediately , are onely Nature and the Spirit : Nature 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 . Either the perfections , or the renovations , or the superadditions to this are taught us by the Holy Spirit , 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 directly and violently 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a propriety of temper or an evil habit , or accidental inordination , wine , or fish makes a man sick , then these are against his nature too , but not so as poison is , or stones . Whatever comes into the conscience primarily , or consequently ▪ right or wrong , 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 : Those and these do integrate and complete her sermons , but they have several influence and obligation according to their proper efficiency . But of this I shall give f●ll accounts in the second Book . To testifie . Conscience bears witness of our actions ; so S. Paul , their conscience bearing witness : and in this sense , conscience is a practical memory . For as the practical knowledge , or notices subjected in the understanding make the understanding to be conscience ; so the actions of our life recorded in the memory and brought forth to practical judgements , change the memory also into conscience . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 . So Polybius discourses of the reason and the manner of conscience . Every knowing faculty is the seat of conscience . and the same faculty when it is furnished with speculative notions retains its natural and proper name of Understanding , or Memory ; but as the same is instructed with notices in order to judgements practical , so it takes the Christian name of Conscience , The Voltitive or choosing faculty cannot , but the intellectual may . And this is that Book which at Doomsday shall be brought forth and laid open to all the world . The Memory chang'd into Conscience 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. Paul , Then shall we know as we are known , that is , as God knows us now , so then shall we see and know our selves . Nullum theatrum virtuti conscientiâ majus , 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 , the Book of life or death . According to the words of S. Bernard , Ex his quae scripta erunt in libris nostris judicabimur : & ideò scribi debent secundùm exemplar libri vitae , & si sic scripti non sunt , saltem corrigendi sunt . We shall be judged by that which is written in our own books ( the books of conscience ) 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 . Consequently to these the conscience does Accuse or Excuse . So S. Paul joyns them as consequent to the former ; Their conscience bearing witness , and their thoughts in the mean time accusing or excusing one another . Si optimorum consiliorum atque factorum testis in omni vita nobis conscientia fuerit , sine ullo metu summa cum honestate vivemus . 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Hierocles , God hath constituted a most righteous and domestick Judge , the Conscience and right Reason ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Isocrates . Etsi à caeteris silentium est , tamen ipse sibimet censcius est posse se meritò increpari , so Apuleius renders it . Though others hold their peace , yet there is one within that will not . Nec facile est placidam ac pacatam degere vitam , Qui violat factis communia foedera pacis : Etsi fallit enim Divum genus , Humanúmque ; Perpetuò tamen id fore clam diffidere debet . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he that does any thing is espied , and cannot doe it privately . Quîcum in tenebris ? was the old Proverb ; Who was with you in the dark ? And therefore it was that Epicurus affirm'd it to be impossible for a man to be concealed always . Upon the mistake of which he was accused by Plutarch 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 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 discoveries of Conscience . For Conscience is the Looking-glass of the soul , so it was called by Pe●ipha●●s in Plautus ; Non oris causâ modò homines aequum fuit Sibi habere speculum , ubi os contemplarent suum ; Sed qui perspicere possent cor sapientiae : Igitur perspicere possent ut cordis copiam Ubi id inspexissent , cogitarent postea Vitam ut vixissent olim in adolescentia . And a man looking into his Conscience , instructed with the word of God , its proper rule , is by S. James compar'd to a man beholding his natural face in a glass ; and that the Apostle describes Conscience in that similitude , is to be gathered from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , verbum insitum , the ingraffed word , 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 created unto righteousness and true holiness . This accusation and watchfulness , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Epicurus , which is very well rendred by Seneca , Ideo non prodest latentibus , quòd latendi etiamsi felicitatem habeant , fiduciam non habent . 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 . — fiet adulter Publicus , & poenas metuet quascunque mariti Irati debent , nec erit felicior astro Martis , ut in laqueos nunquam incidat — If any chance makes the fact private , yet no providence or watchfulness can give security , because within there dwels a principle of fear that can never die , till repentance kills it . And therefore Chilon in Laërtius 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 . Anne magìs Siculi gemuerunt aera juvenci , Et magìs auratis pendens laquearibus ensis Purpureas subter cervices terruit ? Imus , Imus praecipites , quam si sibi dicat , & intus Palleat infelix quod proxima nesciat Uxor . 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 condition can secure the man , and no witty cruelty can equal the torment . For 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 . To loose or binde , Is the reflex act of conscience . Upon viewing the records , or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 called by Origen , affectuum corrector , atque animae paedagogus , the corrector of the affections , and the teacher of the soul. Which kinde of similitude Epictetus in Stobaeus followed also , Parentes pueros nos paedagogo tradiderunt , qui ubique observaret ne laederemur , Deus autem clam viros insitae conscientiae custodiendos tradidit ; quae quidem custodia nequaquam contemnenda est . As our parents have delivered 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 . The binding to duty is so an effect of conscience , that is cannot be separated from it ; but the binding to punishment is an act of conscience also as it is a Judge , 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 : Illo nocens se damnat quo peccat die , the same day that a man sins , on the same day he is condem'd ; and when Menelaus in the Tragedy did ask , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; what disease kill'd poor O●estes ? he was answer'd , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . Curas ultrices Virgil cals the wounds of an evil conscience , Revenging cares . Nihil est miserius quàm animus hominis conscius , said he in the Comedy ; nothing is more miserable then an evil conscience , and the being pain'd with it , is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be choked or strangled with an evil conscience ; by S ▪ Chrysostome ( who in his 22. Homily upon the first Epistle to the Corinthians , speaks much and excellently to the same purpose ; ) and there are some that fancy that this was the cause of Judas 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 , Non mihi si linguae centum — Omnia poenarum percurrere nomina possem , 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 . 1. The first is that which Nazianzen cals 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 sickness awakes a dull sleeping conscience , and when it is awaken'd it will make that the man shall not sleep . So Antiochus when his Lieutenant Lysias was beaten by the Jews , he fell sick with grief , and then his conscience upbraided him ; but now ( said he ) I remember the evils that I did at Jerusalem ; quia invenerunt me mala ista , so the Latin Bible reads it ; because these evils now have found me out . 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 devested of all the outsides and hypocrisies of sin , and that conscience is disintangled 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. Ambrose , Dum sumus in quadam delinquendi libidine , nebulis quibusdam conscientiae mens obducitur , nè videat eorum quae concupiscit deformitatem . Sed cùm omnis nebula transierit , gravia tormenta exercentur in quodam malè conscii secretario . A man is sometimes so surpris'd with the false fires and glarings of temptation , that he cannot see the secret turpitude and deformity . But when the cloud and vail is off , then comes the tormentor from within : — acuúntque metum mortalibus agris , Si quando lethum horrificum , morbósque Deûm Rex Molitur , meritas aut bello territat urbes . Then the calamity swels , and conscience increases the trouble , when God sends warre , or sickness , or death . It was Sauls case , when he lost that fatal battel in which the Ark was taken , he called to the Amalekite , Sta super me & interfice me , fall upon me and slay me ; quoniam tenent me angustiae , I am in a great straìt . He was indeed ; for his son was slain , and his army routed , and his enemies 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 Abulensis reads the words thus , Fall upon me and slay me , quoniam tenent me or ae vestimenti Sacerdotalis , I am intangled in the fringes of the Priests garments . Videbatur sibi Saul quòd propinquus morti videret Sacerdotes Dei accusantes eum in judicio coram Deo. 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 Plato , describing the torments of wicked souls , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 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 . — pallidúmque visâ Matris lampade respicit Neronem . When Nero was distressed , he saw his mothers tapor and grew pale with it . 2. The second effect is shame , which conscience never fails to inflict secretly , there being a secret turpitude and baseness in sin , which cannot be better express'd then by its opposition and contradiction to conscience . Conscience when it is right makes a man bold ; qui ambulat simpliciter , ambulat confidenter , he that walks honestly , walks confidently , 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 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 upon this account it was that Plato said , Si scirem Deos mihi condonaturos , & homines ignoraturos , adhuc peccare erubescerem propter solam peccati turpitudinem . 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 . Bona conscientia turbam advocat , mala autem in solitudine anxia atque sollicita est , said Seneca . 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 certain danger . It cannot be avoided , it was and is and will eternal●y be true , Perjurii poena Divina exitium , humana dedecus esto . Which S Paul perfectly renders , The things whereof ye are now ashamed ; the end of these things is death . Death is the punishment which God inflicts , and shame is that which comes from man. 3. There is another effect which cannot be well told by him that feels it , 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 Nebuchadnezzar , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , his thoughts troubled him . Varios vultus , disparilésque sensus ; like the Sophisters who in their pursuit of vainglory displeased the people , and were hissed from their Pulpits ; nothing could amaze them more ; they were troubled like men of a disturbed conscience . The reason , 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 , — nefas tandem incipiunt sentire peractis Criminibus — they thought of nothing but pleasure before , but as soon as they have finished , then they begin to tast the wormwood and the colliquintida ; perfecto demum scelere , magnitudo ejus intellecta est , said Tacitus . 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 plethory , then they understand how great their sin is , but are distracted in their thoughts , for they understand not how great their calamity shall be . Occultum quatìente animum tortore flagellum , 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 spirits huddle together , and fain would go some where , but they know not whither , and doe something , but they know not what . This confusion and first amazement of the conscience in some vile natures , and baser persons proceeds to impudence , and hardness of face . — frontémque à crimine sumunt . when they are discover'd they rub their foreheads hard , and consider it cannot 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 Banditi , or of an outlaw , rather then by the rule of subjects suffer the penalty of the Law , and the severity of the Judge . But Conscience 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 obstinacy , hardness of heart , a resolution never to repent , a hatred of God , and reprobation . 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 . 4. An evil or a guilty conscience is dispos'd for fear , shame and fear cannot be far asunder : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 Tabernacle . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Menander , No strength of body , no confidence of spirit is a defensative against an evil conscience which will intimidate the courage of the most perfect Warriour . Qui terret , plus iste timet , sors ista tyrannis Convenit , invideant claris , fortésque trucident , Muniti gladiis vivant , septíque venenis Ancipites habeant arces , trepidíque minentur . So Claudian describes the state of Tyrants and injurious persons , 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 Belteshazzar , his knees beat against each other upon the arrest made on him by the hand on the wall , which wrote the sentence 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 Lucretius : Cerberus & Furiae — — neque sunt usquam , neque possunt esse profectò : Sed metus in vitâ poenarum pro malefactis Est insignibus insignis ; scelerísque luela Carcer , & horribilis de saxo jacta deorsum , Verbera , Carnifices , robur , pix , lumina , taedae , Quae tamen etsi absunt , & mens sibi conscia facti Praemetuens adhibet stimulos , torretque flagellis ; Which description of the evil and intollerable pains and fears of conscience is exceeded by the Author of the wisdome of Solomon , Indisciplinatae animae erraverunt . That is the ground of their misery ; The souls were refractory to discipline , and have erred . They oppress the holy Nation . The effect was , they became Prisoners of darkness , and fettered with the bands of a long night ; fugitive perp●tuae providentiae ●acuerunt , they became outlaws from the divine providence . And while they supposed to lie had in their secret sins , they were scattered under ● dark vail of forgetfulness ; paventes horrendè , & 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 ; & personae tristes apparentes pavorem illis praestabant , sad appar●tions did affright them ; a fire appeared to them very formidable ; & timore percussi ejus quae non videbatur faciei ; they were affrighted with the apprehensions of what they saw not : and all the way in that excellent description , there is nothing but fear , and affrightment , horrid amazement and confusion ; pleni timore , and tremebund : peribant , full of fear , and they perished trembling ; and then follows the philosophy and rational account of all this . Frequenter enim praeoccupant 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 condemnata : Conscience gives witness and gives sentence , and when wickedness is condemn'd it is full of affrightment . For fear is praesumptionis adjutorium , the allay of confidence and praesumption , and the promoter of its own apprehensions , and betrays the succours that reason yeelds . For indeed in this case , no reason can dispute a man out of his misery , for there is nothing left to comfort the conscience , so long as it is devested of its innocence . The Prophet Jeremy instances this in the case of Pashur who oppressed the Prophets of the Lord , putting them in Prison and forbidding them to preach in the name of the Lord : Thy name shall be no more called Pashur but Magor Missabib , [ that is , fear round about ] for I will make thee a terror unto thy self . This fear of its own nature is apt to increase , for indeed it may be infinite . Nec videt intereà quis terminus esse malorum Possit , nec quae sit poenarum denique finis : Atque eadem metuunt magis , haec nè in morte gravescant . Hinc Acherusia fit stultorum denique vita . 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 , 5. An appendant perpetuity and restlesness ; a man of an evil conscience is never at quiet . Impietas enim malum infinitum est , quod nunquam extingui potest , said Philo : 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 forgetfulness , 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 , Immortale jecur tundens , faecundáque poenis Viscera , rimatúrque epulis , habitátque sub alto Pectore , nec fibris requies datur ulla renatis . It gnaws perpetually , and consumes not , being like the fire of hell , it does never devour , but torments for ever . 6. This fear and torment , 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I am tormented in this flame , so said Dives 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 fire , and particularly the troubles of minde are so signified . Urit animum meum ; This burns , that is , this exceedingly troubles my minde ; and uro hominem in the Comedy , I vex him sufficiently , I burn him ; loris non ureris , thou art not tormented with scourgings . Poena autem vehemens , & multò saevior illis Quos & Caeditius gravis invenit , & Rhadamanthus , Nocte diéque suum gestare in pectore testem . 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 tormented 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. Et cum fateri Furia jusserit verum , Cogente clamet conscientiá scripsi . 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 . Menippus in Lucian says that the souls of them that are dead are accused by the shadows of their bodies . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and these he says are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 worthy of belief , 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 . Quest. BUT if it be inquired by what instrument conscience does thus torment a man , and take vengeance of him for his sins , whether it hath a proper efficiency 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 , That it does or may afflict a man by all these . For its nature is to be inquisitive 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 sad , or hardned , or impudent , or foolish , or restless : 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 . — Ergo exercentur poenis , veterúmque malorum Supplicia expendunt . This the Poets and Priests expressed by their Adrastea , Nemesis , Minos , Aeacus and Rhadamanth , not that these things were real , — neque sunt usquam , neque possunt esse profectò , 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 therefore 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 Plutarch ) or by his own shadow ( as Orestes 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 . 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 : and again The Lord shall give thee there a trembling 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 : and this very fear ends in death it self ; it is a mortal fear sometimes ; for when the Prophet Isaiah had told concerning Jerusalem , Thy slain men are not slain with the sword , nor dead in battle ; to the inquiry of those who ask how then were they slain ? the answer is made by a learned gloss upon the place , Homines hi non expectato adventu hostis , velut transfossi exanimantur metu : They were dead with fear , slain with the affrightments of their own conscience , as if they were transfixed by the spear of their enemies . Quid ergo nos à Diis immortalibus divinitùs expectemus , nisi errationibus finem faciamus , said Q. Metellus in A. Gellius : There is no avoiding punishment , unless we will avoid sin ; since even a shadow as well as substances may become a Nemesis , when it is let loose by God , and conducted by conscience . But the great instrument of bringing this to pass is that certainty of perswasion which is natural in all men , 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that dishonours God shall not escape punishment : both in this life , Ultrix Erinnys impio dignum parat Lethum Tyranno — and after this life , for so they reckon'd , that Adulterers , Rebels , and Traytors should be kept in prisons in fearful expectation of horrid pains ; Quíque ob adulterium caesi , quíque arma secuti Impia , nec veriti Dominorum fallere dextras , Inclusi poenam expectant — all this is our conscience , which in this kind of actions and events , is nothing but the certain expectation and fear of the Divine vengeance . Quest. BUT then why is the conscience more afraid in some sins then in others , 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 ? I answer ; Although all sins be damnable , yet not onely in the several degrees of sin , but in the highest of all there is great difference ; partly proceeding from the Divine threatnings , partly from fame and opinion , partly from other causes . For 1. there are some sins which are called peccata clamantia , crying sins ; that is , such which cry aloud for vengeance ; such which God not onely hath specially threatned with horrid plagues , but such which doe seldome escape vengeance in this life , but for their particular mischief are hedged about with thorns lest by their frequency they become intolerable . Such are Sacrilege , Oppression of widows and Orphans , Murder , Sodomy , and the like● 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 . 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 commits 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 . 3. There are in these crying sins certain accidents and appendages of horror which are apt to amaze a mans minde : as in Murder there is the circumstance 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●s with so many sad spectacles , and hears so many groans , and clamorous 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 . 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 committing 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 comming . 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 very hateful and formidable , and prepar'd for trouble . 5. It cannot be denied , but Opinion 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 actions 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 professing , have influence into their portions of this effect . 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 conscience . 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 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 repentance ; 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 conscience , 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 troublesome . 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 figure , but strikes not ; but by this he may as surely see what the other hears , viz. that his hours pass away , and death hastens , and after death comes judgement . But by the measures of binding , we may judge of the loosing , or absolution , which is part of the judgement of conscience , and this is the greatest pleasure in the world . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a good conscience is the most certain , clearest , and undisturbed felicity . Lectulus respersus floribus bona est conscientia , bonis refect a operibus . 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 spirits . Nullâ re tam laetari soleo quàm officiorum meorum conscienti● . I am pleased in nothing so much as in the remembrances and conscience of my duty , said Cicero . Upon this pillow and on this bed , Christ slept soundly in a storm , and S. Peter 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 sorrows of Hezekiah when he was smitten with the plague , and not only brought pleasure for what was past , and so doubled the good of it , Vivere bis vitâ posse priore frui ; but it also added something to the number of his years , Ampliat aetatis spacium sibi vir bonus — And this made Paul and Silas 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. Bernard , Bona conscientia non solùm sufficit ad solatium sed etiam ad coronam : It is here a perpetual comfort , it will be hereafter an eternal crown . 25. This very thing Epicurus observ'd wisely , and in his great design for pleasure commended Justice as the surest instrument to procure it . So Antiphon , Conscium esse sibi in vitâ nullius criminis , multum voluptatis parit : and Cato in Cicero , Conscientia benè actae vitae multorúmque benefactorum recordatio jucundissima est : Nothing is a greater pleasure then a good conscience ; for there is peace and no disturbance ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : Quietness is the best 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 boldness be not mistaken for peace , 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 natural 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 . Signs of true peace . 1. Peace of conscience is a rest after a severe inquiry . When Hezekiah 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 . 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 persons of evil lives , it is to be attributed to any other cause , rather than innocence ; and therefore is to be called any thing rather than just peace . The adulterous woman eateth and wipeth her mouth , and saith , I have done no wickedness . And Pilate washed his hands , when he was dipping them in the most innocent , the best and purest bloud of the world . But S. Paul had peace , because he really had fought a good fight . 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 . 3. That rest which is onely in the days of prosperity , 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 , the transportations of prosperity , the forgetfulness of riches , 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 ; — Invigilant animo , scelerísque patrati Supplicium exercent curae , tunc plurima versat Pessimus in dubiis augur timor — 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 . 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 have I peace towards God also , 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 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 after fear , and labour , and prayers , and watchfulness , and assiduity ; and then what succeeds is a blessing , and a fair indication of a bigger . 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 . 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 , relying upon God and its own just measures . It is an excellent discourse which Seneca hath , 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 , & in se omnia reponit , & cùm ingentem ex altera parte turbam contra sentientium aspexit , non numerat suffragia , sed unâ sententiâ vincit ? 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 victorious by her single sentence ? But the excellency and great effect of this peace he afterwards describes : 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 & in equuleo , prodest & in igne , qui si singulis membris admoveatur , & paul●tim unum corpus circumeat ; licèt ipsum corpus plenum bonâ conscientiâ stillet , placebit ìllì ìgnis per quem bona fides collucebit . 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 excellency and integrity shall be resplendent in the very flames . And this is the meaning of the Proverb used by the Levantines , Heaven and Hell are seated in the heart of man. As his conscience is , so he is happy , or extremely miserable . What other men say of us , is no more then what other men dream of us , said S. Gregory Nazìanzene ; It is our conscience that accuses or condemnes to all real events and purposes . And now all this is nothing but a perswasion partly natural , partly habitual , 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 transactions of justice and decency , Deum Remuneratorem esse , that God is a just Rewarder of all actions . I summe up the premises in the words of the Orator ; Magna vis est conscientiae , Judices , & magna in utramque partem : ut neque timeant qui nihil commiserint , & poenam semper ante oculos versari putent , qui peccarint . On either side conscience is mighty and powerful , to secure the innocent , and to afflict the criminal . But beyond these offices now described , Conscience does sometimes only [ Counsell ] a thing to be done ; that is , according to its instruction , so it ministers to holiness . If God hath put a law into our minds , conscience will force 〈◊〉 ●●●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 conscience , 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 followed , it upbraids our weaknesses , and chides our follies , and reproves our despi●●● holy degrees , and greater excellencies of glory laid up for loving and willing spirits . Such as is that of Clemens Alexandrinus in the matter of an Evangelical Counsel ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 propounded to voluntary and obedient persons . To summe up this . When S. Paul had reproved the endless genealogies of the Gnosticks and Platonists , making c●rcles of the same things , or of divers whose difference they understood not ; as Intelligence , Fear , Majesty , Foundation , Wisdome , Magnificence , Mercy , Victory , Kingdome , Foundation , God , and such unintelligible stuff which would make fools stare , and wise men at a loss ; he subjoyns a short , but a more discernible genealogy , and conjugation of things to our purpose . The end of the Commandement is love out of a pure heart , and a good conscience , and faith unfeigned : that is , out of an unfeigned faith proceeds a good conscience ; that is , abstinence from sin ; and from thence comes purity of heart , or a separation from the trifling regards of the world , and all affections to sin ; and these all end in charity : that is , in peace , and joy , and the fruition and love of God , in Unions and Contemplations in the bosome of Eternity . So that faith is the first mover in the understanding part , and the next is conscience , and they both purify the heart from false perswasions , and evil affections ; and then they joyn to the production of love and of felicity . 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 Conscience that it may be useful to us in all the intentions of it , and in the designs of God. RULE 3. Be careful that prejudice or passion , fancy and affection , error or illusion , be not mistaken for Conscience . NOthing is more usual , then to pretend Conscience 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 brother of a crime and are perswaded ( as they say ) in Conscience that he did it : and their Conscience tels them that Titius did steal their goods , or that Caia 〈◊〉 an adulteress . And so Suspicion , and Jealousie , and Disobedience , and Rebellion are become Conscience ; in which there is neither knowledge , nor revelation , nor truth , nor charity , nor reason , nor religion . Quod volumus sanctum est , was the Proverb of Tichonius and the Donatists . Nemo suae mentis motus non aestimat aequos , Quódque volunt homines se bene velle putant . Every mans way seems right in his own eyes ; 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 pretended , 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 the Religious Understanding , or the Minde of a man as it stands dres'd in and for Religion , they think that some sacredness or authority passes upon their passion or design , if they call it Conscience . But by this Rule it is intended that we should observe the strict measures of Conscience . 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 discern the abuse , then the evil is avoided . For this Governour [ Conscience ] 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 Will may , but if the error be discovered , the Conscience , that is , the practical understanding 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 , we ought to be strict and united to our rule , for by that onely we can be guided , and by the proportions to it we can discern right and wrong , 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 . Advices for the practice of the former Rule . 1. We are to suspect our Conscience to be mis-informed when we are not willing to inquire into the particulars . 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 because 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 interest or passion , our lust or folly , that is , seemingly against us , in the present indisposition of our affairs . 2. He that resolves upon the conclusion before the premises , 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. This is to be understood in all cases to be so unless the particular unknown be secured by a general that is known . He that beleeves Christs advocation and intercession for us in heaven upon the stock of Scripture , cannot be prejudic'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 perfectly 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 . 3. Illusion cannot be distinguished from Conscience , 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-interess'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 . John Nider 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 confident , 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 refuses 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 Brutus to Cicero , Malo tuum judicium , quàm ex alter a parte omnium istorum . Tu enim à certo sensu & vero judicas de nobis , quod isti nè faciant , summâ mal●volentiâ & livore impediuntur . 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 Legislative Reason is not conjoyn'd to the Judge Conscience , that is , while by unapt instruments we suffer our perswasions to be determined . 4. That determination is to be suspected that does apparently serve an interest , and but obscurely serve a pious end , Utile quod nobis do tibi consilium , 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 Rome , and hinders their gain and market of proselytes from among the wise and pious very much ; that most of their propositions for which they contend so earnestly against the other parts of Christendome , 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 Leo the tenth ; the doctrine of Transubstantiation , 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 doctrines , by the particulars of which the Ecclesiastical power is far advanced beyond the authority of any warrant from Scripture , and is made highly instrumental 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 Ben Sirach , 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 envious 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 . These will counsel by their interest , not for thy advantage . 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 proposition 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 interest , and to be used accordingly . But this is not to prejudice him that gives the counsel , for although the Counsel is to be suspected , yet the man is not , 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 . 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 Conscience directly . 5. If the proposition serve or maintain a vice , 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 this is to be understood onely in case , the answer does directly minister to sin , not if it does so onely accidentally . Q. Furius is married to Valeria , 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 admonished by Hortensius 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 innocently , 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 another ; and he answered rightly . If he had counsell'd him to drink intemperately 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 . 6. Besides the evidence of the thing , and a direct conformity to the Rule , to be judg'd by every sober person , or by himself in his wits , there is ordinarily 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 , and our own secret follies . This is the counsel of the son of Sirach ; Above all this ; pray to the most high , that he will direct thy way in truth . RULE 4. The Conscience of a vicious man is an evil Judge , and an imperfect Rule . THat I mean the Superiour and Inferiour part of Conscience , is therefore plain , because the Rule notes how the acts of Conscience may be made invalid both as it is a Ruler , and as it is a Judge . But according to the several offices this truth hath some variety . 1. The superiour part of Conscience , or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 repository of practical principles ( which for use and brevity sake , I shall call the phylactery ) or the Keeper of Records ; that is , that part which contains in it all the natural and reasonable principles of good actions , ( such as are , God is to be worshipped , 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 , 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 consented to by all men without a Teacher , those which Aristotle cals 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those are always the last removed , and never without the greatest violence and perturbation in the world . But it is possible for a man to forget his Name and his Nature : a Lycanthropy made Nebuchadnezar 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 nothing natural to the soul , if reason be not ; and no reason is , unless its first principles be , and those first principles are most provided for , which are the most perfective of a man , and necessary to his well being , and those are such which concern the entercourse between God and Man , 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 . 2. But then these general principles are either to be considered as they are habitually incumbent on the minde , 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 . Difficile est personam diu sustinere . 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 universal 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 unavoidable , that this God must be honoured : but a transient and unnatural violence intervening in a particular case , suspends the application of that principle , and makes the man not to consider his Rule ; and there he omits to worship and honour this God in many particulars to which the principle is applicable . But this Discourse is coincident with that Question , Whether Conscience may be totally lost ? of which I have already given accounts . That and this will give light to each other . 3. But further , there are also some principles which are indeed naturally known , 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 truth , and the same seat , and the same certainty ; but not the same prime evidence , and connaturality 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 Fornication , violent and craf●y contracts with many arts of deception , and overreaching our Brother , theft , in●●st in some kindes , drunkenness , and the like , are to be avoided . For concerning these , it is certain that some whole Nations have so abused their Conscience 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 , they are given over to beleeve a lie , they are delivered to a reprobate minde . And this often happens , and particularly in those cases wherein one sin is inferr'd by another naturally , or morally , or by withdrawing of the Divine grace . 4. Wherever the Superiour or the Ruling part of Conscience is an imperfect Rule ; 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 Rebellion to be a just defence , Sacrilege a lawful title , 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 think they did God good service . But such men have an evil portion , they sing in the fire , and go dancing to their graves , and sleep on till they be awakened in hell . And on the other side , this is because of superstition , and scruples , and sometimes of despairing and unreasonable fears , when the Conscience is abused by thinking that to be a sin , which is none . 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 . IF all men were governed by the same Laws , 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 differences 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 . But this variety is not directly of Gods making , but of Mans. God commands us to walk by the same rule , and to this end , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be of the same minde ; and this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 incumbent 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 . 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 , 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 proceedings , 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 . The case is this : Autolycus robb'd the gardens of Trebonius , and ask'd him forgiveness and had it . But when Trebonius was chosen Consul , and Autolycus robb'd him again , and was taken by others , and as a theef brought before him , he ask'd forgiveness again ; but Trebonius condemn'd him to the Gallies : for he who being a private man was bound to forgive a repenting trespasser , being a Magistrate 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 , He that fasted upon a Saturday in Ionia or Smyrna was a Schismatick ; and so was he who did not fast at Milan or Rome upon the same day , both upon the same reason ; Cùm fueris Romae , Romano vivito more , Cùm fueris alibi , vivito sicut ibi . because he was to conform to the custome of Smyrna , as well as to that of Milan , in the respective Diocesses . To kill a man in some cases defiles a land ; in others it cleanses it , and puts away bloud from the people : and it was plain in the case of circumcision . S. Paul 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 that is one and easy ; these are infinite , uncertain , and contradictory . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is a very great cause of mischief not to be able to deduce general propositions , and fit them to particular cases , said Arrianus . 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 respondere de jure , to answer in matters of law , and they also must be truly informed in the matters of fact . RULE 6. In Conscience that which is first is truest , easiest , and most useful . THere are some practices , 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 Trent , 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 because 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 followed 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 . But this is to be understood otherwise , when the first sense of the words hath in its letter a prejudice open and easy to be seen ; such as is that of putting out the right eie , or cutting off the hand . 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 . But in all things where the precept is given in the proper style of laws , 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 ingaged 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 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 . Qui ambulat simpliciter , ambulat confidenter , saith Solomon . It is safer to walk upon plain ground , then with tricks and devices to dance upon the ropes . RULE 7. Conscience by its several habitudes and relations , or tendencies toward its proper object , is divided into several kindes . COnscience in respect of its information , or as it relates to its object , taken materially , and in the nature of the thing , is either True or False , Right or Wrong . True when it is rightly informed , and proceeds justly . False when it is deceived . Between these as participating of either extreme , stands the probable Conscience ; which if we consider as it relates to its object , is sometimes right , and sometimes wrong , and so may be reduc'd to either , according as it is in the event of things . For in two contradictories which are both probable , as if one be , both are , if one part be true , the other is false ; and the conscience of the several men holding the opposite parts , must be so too , that is , right and wrong , deceiv'd and not deceiv'd respectively . The division then of Conscience in respect of its object is tripartite . For in all questions , if notice can be certainly had , he that gets the notice , hath a True Conscience : He that misses it , hath a False or Erring Conscience . 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 understanding cannot be sure , the conscience can be but probable . But according 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 Extreme , and is reduc'd to Right or Wrong accordingly . But to be Right or Wrong , is wholly extrinsecal to the formal obligation of Conscience , as it is a Judge and a Guide , and to the consequent duty of the Man. For an erring conscience binds as much as the right conscience , directly and immediately , and collaterally more ; that is , the man who hath an erring conscience is tied to more and other duties , then he that is in the right . The conscience binds because it is heartily perswaded , not because it is truly informed ; not because it is right , but because it thinks so . It does indeed concern the duty of Conscience , 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 Right and a Wrong conscience 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 kinde , so much as to become an universal Rule to us in all cases and emergencies . 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 Sure , or as it is onely Confident , but not Sure. For an Erring conscience and the Unerring are the same Judge , and the same Guide , as to the Authority , and Perswasion , and as to the effect upon the person : but yet they differ infinitely in their Rule ; and the persons under their conduct differ as much in their state and condition . But our Conscience is not a good Guide unless we be truly informed and know it . For if we be truly informed and know it not , it is an uncertain and an imperfect Guide . But if we be confident and yet deceived , the uncertainty and haesitation is taken off , but we are still very miserable . For we are like an erring Traveller , who being out of the way , and thinking himself right , spurs his horse and runs full speed : he that comes behinde , is nearer to his journeys end . That therefore is the first kinde of Conscience ; The Right Sure Conscience ; and this alone is fit to be our Guide ; but this alone is not our Judge . 2. Opposite to this is the Confident or Erring Conscience ; 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 inducements : 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 several keys of the perswasion and consent . This Erring Conscience I therefore affirm to be always Voluntary and Vicious in its principle , because all Gods laws are plain in all matter of necessary 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 probable , and then the Conscience is according . And this makes the third kinde of Conscience , in respect of the different manner of being affected with the object . 3. The Probable Conscience is made by that manner of assent to the object , which is indeed without fear , but not without imperfection . 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 full assent , it hath but an imperfect one ; 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 Conscience that are perfect . 4. But sometimes the state and acts of conscience are imperfect ; as the vision of an evil eye , or the motion of a broken arm , or the act of an imperfect or abused understanding : so the conscience 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 a doubting Conscience . * This doubting 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 ? sometimes from inconsideration , sometimes from surprise , sometimes from confusion and disease ; but from what principle soever it be , there is always some fear in it . This Conscience can neither be a good Guide , nor a good Judge : 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 conscience . 5. A less degree of this evil , is that which by the Masters of moral Theology is called , The scrupulous Conscience , which is not a distinct kinde of conscience as is usually supposed , but differs from the doubting Conscience 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 without sin , but not without trouble ; he is uneasy and timorous even when he is most innocent ; and the causes of this , are not onely portions of the same weaknesses which cause the doubting Conscience ; but sometimes Superstition , and Melancholy , and Pusillanimity and mean opinions of God 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 a mote in the eye , but a doubt is like a beam . This Conscience may be a right Guide , but dares not be a Judge : 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 Devil 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 . 6. There are some other affections of Conscience , and accidental appendages ; 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 Guide and Judge of Humane actions . But because they have no direct influence 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 respectively . These also are five : 1. The tender Conscience . 2. The hardned or obdurate . 3. The quiet . 4. The restless or disturbed . 5. And lastly , The perverse Conscience . Concerning which , I shall at present say this onely : That the two first are seated principally in the Will , but have a mixture of Conscience , as Docibility hath of Understanding . The two next are seated in the fancy , or the affections , and are not properly plac'd in the Conscience , any more then love or desire ; 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 Conscience , as deformìty is in the body , or peevishness in the affections . CHAP. II. Of the Right or Sure Conscience . RULE 1. A right Conscience is that which guides our actions by right and proportion'd means to a right end . THE end 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 . The means ought to be such as are apt instruments to procure it . If a man intends to live a severe life , and to attend Religion , his End is just and fair , and so far his Conscience is right : 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 Society , he should Preach the Melancholy Lectures of the Cross , it is not right ; 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 a right Conscience . For a right Conscience is nothing but right Reason reduc'd to practise , and conducting Moral actions . Now all that right Reason can be defin'd by , is the propounding a good end , and good means to the end . RULE 2. In a right Conscience , the practical judgement , that is , the last determination to an action , ought to be sure and evident . THIS is plain in all the great lines of duty , 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 . The first judges the thing probable by reason of the differing opinions of men wise and pious ; but in this there is a fear or suspicion of the contrary , and therefore in the direct act nothing is certain . 2. But there is also a reflex act of judgement ; 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 equity , or necessity become more then probable in the particular ; although ( I say ) the Conscience 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 Right-sure Conscience . For in moral things there cannot ordinarily be a demonstrative , or Mathematical certainty ; and in Morality we call that certain , that is , a thing to be followed and chosen , which oftentimes is but very highly probable ; and many things doe not attain that degree ; and therefore , because it is very often impossible , it is certainly not necessary that the direct judgement should be sure and evident in all cases . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 certain in the object , or in the act , the whole progress is a danger , and the product is criminal ; the conscience is doubtful , and the action is a sin . It is in this as is usually taught concerning the Divine knowledge of things contingent ; 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 incarnation used by S. Paul [ in whom dwelleth all the fulness of the Godhead bodily ] that is , the manner is contrary to the thing ; the Godhead that is wholly incorp●real dwels in him corporally . After the like manner of signification is the present certainty I speak of . If it be not certain in the object , it must be certain in the faculty , 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 . So that in effect it comes but to this : The knowledge that is here required , is but the fulness of perswasion , which is and ought to be in a Right Conscience : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I know and am perswaded in the Lord Jesus ; so S. Paul. Our knowledge here , which is but in part , must yet be a full confidence for the matters of duty . The Conclusions then are these : 1. There must be a certainty of adherence in the actions of a right Conscience . 2. It must also for the matter of it too , at least be on the right side of the probability . 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 Conclusion bigger then the Premises . Thus the good simple man that about the time of the Nicene Councel confuted the stubborn and subtle Philosopher 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 demonstrations , 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 . RULE 3. The practical judgement of a right Conscience is always agreeable to the speculative determination of the Understanding . THIS Rule is intended against those whose understanding is right in the proposition , and yet declines in the application ; it is true in thesi , but not in hypothesi ; 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 apparent in this , because they deny in particular what they affirm in the general ; and it is true in all , but not in some . David was redargued wittily by Nathan upon this account ; he laid the case in a remote Scene : Tìtius , or Sempronius , a certain rich man , I know not who , some body or other robb'd the poor man of his Ewe lamb . Therefore said David 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 . And this is an usual , but a most effective Art to make the conscience right in the particular , by propounding the case separate from its own circumstances , and then to remove it to its own place is no hard matter . It was an ingenious device of Erasistratus the Physician , of which Appian tells : When yong Antiochus almost died for love of Stratonica his Father Seleucus 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 incurable . Seleucus with sorrow asking what it was ? Erasistratus 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 . Erasistratus replied , 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 Seleucus swore by all his Country gods that he would doe it as willingly as he would live ; Erasistratus drew the curtain of the device , and applied it to him , by telling , that the cure of his son depended upon his giving the Queen Stratonica 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 . In all cases we are to consider the rule , not the relation ; the law , not the person : for if it be one thing in the proposition , and another in the assumption , it must be false in one place or the other , and then the Conscience is but an ill Guide , and an ill Judge . This rule is not to extend to the exception of particular cases ; nor to take away privileges , pardons , equity . For that which is fast in the proposition , 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 , 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 . But this Rule is to goe further also . For hitherto , I have called the act of particular Conscience directing to a single and circumstantiate action by the name of Practical judgement : and the general dictate of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or Phylactery , or upper Conscience , teaching the kinds of good actions , by the name of Speculative judgement . But the rule also is true , and so to be understood , when practical and speculative 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 determine practically against that speculation . * That an idol is nothing , is demonstrable 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 Metaphysical propositions , not properly Theological , according to those words of S. Paul , Concerning things sacrific'd to idols , we know 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that we all have knowledge ; and we know that an idol is nothing in the world ; meaning , that this knowledge needs no revelation to attest it ; we by our own reason and principles of demonstration know that ; yet , the lower , or particular practical Conscience must never determine against that extrinsecal , and therefore ( as to Conscience ) accidental measure . For whatsoever is true in one Science , is true also in another , and when we have wisely speculated concerning the dimensions of bodies , their circumscriptions , 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 below worship ; nor beleeve that infinite which we see measured ; nor esteem that greater then the heavens which I see and feel goes into my mouth . If Philosophy gives a skin , Divinity does not flea it off : and truth cannot be contrary to truth ; and God would not in Nature teach us any thing to misguide us in the regions of Grace . The Caution for conducting this proposition is onely this : That we be as sure of our speculation , as of any other rule which we ordinarily follow ; and that we do not take vain Philosophy , for true speculations . He that guides his conscience by a principle of Zeno's Philosophy , because he hath been bred in the Sto●cal sect , and resolves to understand his Religion to the 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 Academy , or the Cynicks , or the Athenian Schools ; and the Christian Schools drew some of their articles thorough the limbecks of Plato's Philosophy , and to this day the relish remains upon some of them . And Baronius complains of Origen , that , In Paganorum commentis enutritus , eaque propagare in animo habens , divinas se utique Scripturas interpretari simulavit : ut hoc modo nefariam doctrinam suam sacrarum liter arum monumentis malignè admiscens , Paganicum & Manich●icum errorem suum atque Arrianam vesaniam induceret . He mingled the Gentile Philosophy with Christian Religion , and by analogy to that , expounded this , and how many Disciples 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 , Vigilias anniversarias habes apud Suetonium . Lustralem aquam , aspersionem sepulchrorum , lumina in iisdem parare , Sabbatho lucernam accendere , cereos in populum distribuere . 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 notorious to dissemble . Thomas Aquìnas did a little change the Scene , and blended Aristotle 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 mistaken Philosophy . But if their speculations had been right , Christianity would at first have entred without reproof , as being the most reasonable Religion of the world , and most consonant to the wisest and most sublime speculations ; 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 observation enough easily to reprove . But men have resolved to verify their Sect rather 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 . As a appendage , and for the fuller explication of this Rule , it is a worthy inquiry which is by some men made , concerning the use of our reason 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 superinduc'd , and comes after it , cannot prejudice that noblest part of this Creation . 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 . They that speak against reason , speak thus . 1. There is to every state and to every part of man given a proportionable light to guide him in that way where he ought , 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 humane 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 because 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. Secreta Dei , Deo meo , & filiis domus ejus . God and Gods secret ones onely know Gods secrets . 2. And therefore we finde in Holy Scripture that to obey God , and to love him , is the way to understand the mysteries of the kingdome . Obedite & intelligetis , If ye will obey , then shall ye understand : and it was a rare saying of our blessed Saviour , 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. Paul observes that the Sermons of the Cross were foolishness to the Greeks ; and consequently , by way of upbraiding , he inquires , 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 ; that is , God hath confounded reason , that faith may come in her place . 3. For there are some things in our Religion so mysterious , that they are above all our reason ; and well may we admire but cannot understand them : and therefore the Spirit of God is sent into the world to bring our understanding into the obedience of Christ ; 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. 4. And therefore as to this nothing can be added from the stock of nature , 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 pretends to it , but who hath it no man can tell , and therefore it cannot be a guide or measure of faith . 5. But above all , 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 whatsoever God hath said is true : so that our biggest reason in Religion , is to submit our reason , that is , not to use our reason in particular inquiries , but to captivate 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 concluding argument ; This is in Scripture , therefore this is true : and this is against Scripture , therefore it is absurd , and unreasonable . 6. After all , experience is our competent guide warning to us : For we see when witty men use their reason against God that gave it , they in pursuit 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 dispute 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 possess the world . The Philosophers would use their reason , and their reason would not admit this new Religion : and therefore S. Paul being to remove every stone that hindered , bad them to beware of vain Philosophy ; which does not distniguish one kinde of Philosophy from another , but marks all Philosophy . It is all vain , when the enquiries are into religious mysteries . 7. For is it not certain that some principles of reason are against some principles of faith and Scripture ? 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 revelation are intolerable . In these and the like cases , reason must put on her muffler , and we must be wholly conducted by revelation . These are the pretences against the use of reason in questions of Religion ; concerning which the same account may be given , as is by the Pyrrhonians and Scepticks 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 . But there is more in it then so . This foregoing discourse , or to the like purpose , is used by two sorts of persons ; The one is by those , who in destitution 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 concerning men ; that is , if we speak of God as men please , we doe not think of men as God hath taught us ; viz. That they are weak , and that they are liars : and they who have by artifices , and little devices , acquir'd to themselves a reputation , 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 Rome 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 , without 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 adherence not less then the greatest , even to those things which she onely pretends 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 accompanied with their reason too , that is dangerous . The other sort of men , 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 fancies 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 Piazza , 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 pretend 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 . Between these two there is a third that pretends to no authority on one hand , 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 interpretation , he says you judge of his argument , and make reason Umpire in questions 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 Religion , 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 themselves : 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 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 . That I may therefore speak close to the enquiry , I premise these considerations : 1. It is a weak and a trifling principle , which supposes faith and reason to be opposite : For faith is but one way , by which our reason is instructed , and acquires the proper notices of things . For our reason or understanding apprehends things three several ways : The first is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the first notices of things abstract , of principles and the primò intelligibilia ; such as are , 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 ; for these are objects of the simple understanding , congenite notices , concreated with the understanding . The second is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or discourse , that is , such consequents and emanations which the understanding draws from her first principles . And the third is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , such things which the understanding assents to upon the report , testimony , and affirmation of others , viz. by arguments extrinsecal to the nature of the thing , and by collateral and indirect principles . For example , I naturally know that an idol or a false God is nothing ; this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the act of abstract and immaterial reason . From hence I inferre , that an idol is not to be worshipped : This my reason knows by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or illation and inference , from the first principle . But therefore that all monuments of idolatry are to be destroyed was known to the Jews by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Moses , into the notice of which I am brought by collateral arguments , by tradition , by miracle , by voices from heaven , and the like . 2. These three ways of knowing , are in all faculties sacred and prophane : for faith and reason doe not divide Theology and Philosophy , but in every Science reason hath notices all these ways . For in natural Philosophy there are prime principles , and there are conclusions drawn from thence , and propositions which we beleeve from the authority of Plato , or Socrates , or Aristotle ; and so it is in Theology ; for every thing in Scripture is not in the divided sense , a matter of faith : That the Sun is to rule the day , the Moon and the Stars to govern the night , I see and feel ; That God is good , that he is one , are prime principles : that nothing but good is to be spoken of this good God , reason draws by a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or discourse and illation : but that this good God will chastise his sons and servants , and that afflictions sent upon us are the issues of his goodness , or that this one God , is also three in person , this is known by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 3. Reason knows all things as they are to be known , 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 direct and natural . Now as God teaches us many things by natural principles , many by experience , 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 must come to notices of things , by deriving them from their proper fountains ; 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 derivatives 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 told that God said [ there are three and one in heaven ] 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or faith 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 beleeve , shall have the reward of their faith , while they wisely follow their reason . 4. Now in all this , 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 enters by principles proper to the inquisition ; and faith and reason are not opposed at all . Faith and natural reason are several things , and Arithmetical and Moral reasons are as differing , but it is reason that carries me to objects of faith , and faith is my reason so disposed , so used , so instructed . The result of these propositions is this one : That into the greatest mysteriousness of our Religion , 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 insufficient 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 understanding 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 Aristotle . For faith assenting to a proposition for a reason drawn à testimonio , 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 faith formally in its proper and natural capacity , that is , as it is a reception of propositions à testimonie . Indeed if we consider faith as it is a habit infused by God , and by Gods holy Spirit , so there is something more in it then thus : For so , faith 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 conversations with the world ; but of such things which God onely teaches , by ways supernatural and divine . Now here is the close and secret of the Question , 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 , whether shall be followed ? or can it in any sense be an article of faith , if it be contrary to right reason ? I answer to this , by several propositions . 1. Right Reason ( meaning our right reason , or humane reason ) is not the affirmative or positive measure of things Divine , 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 Elias 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 ragione di stato , and a ragione di regno , and a ragione di cielo , after which none but fools will inquire , and none but the humble shall ever finde . Who can tell why the Devil , 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 phantastick , when he knows things by intuition , not by phantasm , 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 infinitely 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 , working 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 . — Omnipotens hominem cùm gratia salvat Ipsa suum consummat opus , cui tempus agendì Semper adest quae gesta velit , non moribus illi Fit mora , non causis anceps suspenditur ullis . 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 . Nam priùs immites populos urbésque rebelles , Vincente obstantes animos pietate , subegìt ; Non hoc consilio tantùm hortatúque benigno Suadens atque docens , quasi normam legis haberet Gratia , sed mutans intus mentem atque reformans , Vásque novum ex fracto fingens , virtute creandi . Non istud monitus legis , non verba prophetae , Non praestata sibi praestat natura , sed unus Quod fecit reficit . Percurrat Apostolus orbem , Praedicet , hortetur , plantet , riget , increpet , instet , Quáque viam verbo reseratam invenerit , intret ; Ut tamen his studiis auditor promoveatur Non doctor neque discipulus , sed gratia sola Efficit — 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 discerning Searcher of secrets , that can give the reason why God should determine for so many ages before , that Judas 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 disproportionable instruments to such effects , nor yet too great for our understanding ; 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 reason 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 how ; and therefore our reason is not the positive measure of mysteries , and we must beleeve what we can not understand . Thus are they to be blamed , who make intricacies and circles in mysterious articles , because they cannot wade thorough them ; it is not to be understood 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 Socinians 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 competently instructed ; and that is the second reason . 2. The reason of man is a right Judge always when she is truly informed ; but in many things she knows nothing but the face of the article : the mysteries of faith are oftentimes like Cherubims heads placed over the Propitiatory , where you may see a clear and a bright face and golden wings , but there is no body 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 article plain , yet the reason of it we cannot see at all ; that is , the whole knowledge which we can have here is dark and obscure ; We see as in a glass darkly , saith S. Paul , that is , we can see what , but not why , and what we doe see is the least part of that which does not appear ; but in these cases our understanding is to submit , and wholly to be obedient , but not to inquire further . Delicata est illa obedientia quae causas quaerit . 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 , Reason and Religion are like Leah and Rachel : 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 Rachel produces two children , Faith and Piety , and Obedience is Midwife to them both , and Modesty is the Nurse . From hence it follows , that we cannot safely conclude thus , This is agreeable to right reason , therefore this is so in Scripture , or in the counsel of God ; 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 infinite amends : So that we may repel force by force , says Nature , we may not , says Christ , and yet they are not two contradictory propositions . For nature says 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 reward of heaven , and therefore in this case it is reasonable . And thus we cannot 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 . For as it happens in dreams and madness , 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 apprehensions , therefore it is not onely desultorious and light , but insignificant , 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 quintessences , 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 . 2. Although right reason is not the positive and affirmative measure of any article , yet it is the negative measure of every one . 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 . 1. Because nothing can be true and false at the same time , 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 . 2. Out of truth nothing can follow but truth ; 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 Scripture , 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 . 3. All truths are emanations and derivatives from God , 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 . 4. And for this reason God does not onely prove our Religion , and Jesus Christ prove his Mission by Miracles , by Holiness , by verification of Prophecies , 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 discourse , 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 , by arguing concerning 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 another . 5. For indeed how can it be possibly otherwise ? 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 that , if there be two Justices , one that we know , and one that we know not , one contrary to another ? if they be contrary , they are not justice ; for justice can be no more opposed by justice , then truth to truth : if they be not contrary , then that which we understand 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 , to be humble as he is humble , and to be pure like God , to be just after his example , to be merciful as our heavenly Father is merciful ? If there is but one Mercy , and one Justice , and one Meekness , then the measure of these , and the reason 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 glorify God , and speak honour of his Name , and exalt his justice , and magnify his truth , and sincerity , and simplicity , if truth , and simplicity , and justice , and mercy in him is not that thing which we understand , and which we are to imitate ? To give an example . I have promised to give my friend a 100. pounds on the Calends of March : 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 have two wils , an open , and a secret will , 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 reason , 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 dissembling , 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 sincerity , 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 advantages , 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 loving 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 although we are taught to say , Thou art just , and true in all thy sayings , yet certainly it is not that justice which thou hast commanded us to imitate and practise , it is not that sincerity which we can safely use to one another , and therefore 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 . For let it be considered as to the present instance ; 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 . The purpose of this instance is to exemplify , that in all vertues and excellencies there is a perfect unity : and because all is originally and essentially in God , and from him derived to us , and all our good , our mercy , our truth , our justice 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 unjust , because it is contrary to the eternal pattern : and therefore whatsoever our reason does rightly call unjust , or hypocrisy , or falshood must needs be infinitely 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 article of faith , or a mystery of religion , that it is blasphemous and false , hateful to God and good men . In these things there is the greater certainty , because there is the less variety and no mystery ; these things which in God we adore as Attributes , being 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 immediately relative to duty and morality . But yet this Rule also holds in every thing where reason is , or can be right ; but with some little difference of expression , but generally thus : 1. Whatsoever right reason says cannot be done , 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 effect of power . Now in every contradictory , one part is a non-entity , a nothing , and therefore by power cannot be produced ; and to suppose it producible or possible to be effected by an Almighty power , is to suppose an Almighty power to be no power , or to doe that which is not the effect of power . But I need say no more of this , for all men grant it , and all sects and varieties of Christians indevour to clear their articles from inferring contradictions , as implicitely confessing , that it cannot be true to which any thing that is true is contradictory . Onely some men are forced by their interest and opinions 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 Lutherans about the Ubiquity of Christs body , and the Papists about Transubstantiation , 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 confuted , then there is nothing so absurd but may be maintained , and a mans reason is useless in inquiry and in probation ; and ( which is to me very considerable ) 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 conscience , 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 superinduced , but right reason is the eternal word of God ; The kingdome of God that is within us ; 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 reason , and that wisdome to which we cannot choose but assent , and therefore in whatsoever he goes against his reason , he must needs goe against his conscience , 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 . 2. This is not to be understood , 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 understanding , but are to be entertained by faith . It is not to be said or beleeved 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. For it is to be considered , whatsoever is above our understanding , is not against it : supra and secundùm 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 ; The peace of God passeth all understanding , 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 : There are some things in reason which are certainly true , and some things which reason does infallibly condemne : our blessed Saviours argument was certain , A spirit hath not flesh and bones as ye perceive me to have ; therefore I am no spirit : and S. Johns argument was certain , 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 , 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 right sense and right reason tell us clearly , that is , tell us so that there is no absurdness , 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 whether 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 humane 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 is impossible to men , it may be possible with God ; 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 . The result is this : 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 possibility ; 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 . 2. Not onely what is impossible to reason is possible in faith , 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 humane 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 , One truth cannot be against another ; if therefore your opinion or interpretation be against a truth , it is false , and no part of faith . A commandement cannot be against a revelation , a privilege cannot be against a promise , a threatning cannot mean against an article , a right cannot be against a duty ; for all reason , and all right , and all truth , and all faith , and all commandements are from God , and therefore partake of his unity and his simplicity . 3. This is to be enlarged with this advice , 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 extraordinary 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 Romans 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 spiritual 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 England 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 mysteriousnesses , 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 effected by the ordinary power of God ; That a Virgin should conceive is so possible to Gods power , that is possible in nature say the Arabians ; but however , 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 . But this is to be practised with caution ; for every mans reason is not right , and every mans reason is not to be trusted : and therefore , 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 explicate 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 Scriptures , or the first Creeds , that the article which in its own simplicity was indeed 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 hereticks and misbeleevers ; so is the Incarnation of the Son of God , the mysterious 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 cannot 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 supposed 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 pretence 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 . And therefore holy Scriptures command us in those cases to such purposes , as not onely teach us what to doe in it , but also confirm the main inquiry ; for therefore we are commanded to try all things : 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 principles ? and all this is nothing but by making our faith the limit of our reason , in matters of duty to God ; and reason the minister of faith , and things that concern our duty . The same is intended by those other words of another Apostle , Beloved , beleeve not every spirit , but try if the spirits be of God ; how can this be tried ? by Scripture ? yea ; but how if the Question be of the sense of Scripture , as it is generally at this day ? Then it must be tried by something extrinsecal to the Question , and whasoever you can call to judgement , reason must still be your Sollicitor and your Advocate and your Judge ; onely reason is not always the Law , sometimes it is , for so our blessed Saviour was pleased to say , Why of your selves doe you not judge that which is reasonable ? for so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there is used , that which is fitting and consonant to reason ; and in proportion 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 : He that says thus , This doctrine is against the word of God , and therefore it is absurd and against reason , 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 , He that says , This is absurd , or this is against reason , therefore this is against the word of God , 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 difficult Scriptures , and to establish right senses , and to confute confident heresies . For when both sides agree that these are the words of God , and the question 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 pretended ; 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. James , Above all things my brethren , swear not at all ; and yet reason interposes and tels us , that plain words must not be understood against plain reason 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. Paul ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , mortify or kill your members , that are upon the earth ; 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 . For as when the Tables of the Law were broken by Moses , God would make no new ones , but bade Moses 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 , in the tables of our hearts . Homo cordatus , a wise , rational man , sober , and humble , and discursive hath the best faith , but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as S. Paul cals them ) the unreasonable , they are such who have no faith , 2 Thess. 3. 2. For the Christian Religion is called by S. Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a reasonable worship ; and the word of God is called by S. Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the reasonable and uncrafty milk ; it is full of reason , but it hath no tricks , it is rational , but not crafty , it is wise and holy : And he that pretends there are some things in our Religion , which right reason cannot digest and admit , 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 . And now to the arguments brought against the use of reason ; thē answers may easily be gathered from the premises : To the first I answer , That reason is the eye of the soul in all things , natural , moral and religious ; and faith is the light of that eye , in things pertaining to God ; for it is true , that naturall reason cannot teach us the things of God , that is , reason instructed onely by this world , which S. Paul cals the natural man , cannot discern the things of the Spirit , for they are spiritually discerned : that is , that they are taught and perceived by the aids of Gods Spirit , by revelation and divine assistances and grace : but though natural reason cannot , yet it is false to say that reason cannot ; for reason illuminated can perceive the things of God ; 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 . To the second I answer , that therefore humility and piety are the best dispositions , to the understanding the secrets of the Gospel : 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 understand any proposition that makes it necessary for him to lay aside his imployment or his vanity , his interest or his vice . 2. These are indeed excellent dispositions to understanding , the best moral instruments , but not the best natural : If you are to dispute against a Heathen , 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 . 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 , tanquam instrumentum Divinae voluntatis , 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 . 4. And when we compare man with man , so it is true that the pious man should be sooner instructed then the impious , caeteris paribus , but if we compare discourse and piety , reason & humility , 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 the doctrine of the Cross was foolishness to the Greeks , 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 contrary to flesh and bloud , cause the spirits of just men to be made perfect . And they who were wise by Plato's Philosophy , and onely well skill'd in Aristotle , could doe nothing in the Schools of Jesus , because they were not instructed 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 . The third objection presses upon the point of duty , and because the Scripture requires obedience of understanding , and submitting our most imperious 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 Religion is not yet discovered , but for the obedience of understanding , it consists in these particulars . The particulars in which obedience of Understanding consists . 1. That we submit to God onely and not to man ; 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 conformity . 2. That those things which by the abuse and pretence of reason are passed into a fictitious and usurped authority , make no part of our Religion ; for because we are commanded to submit our understanding to God , therefore we must call no man Master upon earth ; 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. 3. When reason and revelation seem to disagree , 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 reason or satisfie it , let us carry our selves with modesty , and confess the revelation , though with profession of our ignorance and unskilfulness to reconcile the two litigants . 4. That whatsoever is clearly and plainly told us , 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 this before that . 5. That in particular inquiries , 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 receive detriment ; and rather quit our arguments then hazard an article ; that is , that when all things are equal , we rather preferre the pretence of revelation , then the pretences of reason , for the reverence of that and the suspicion of this . Beyond this we can doe no more . To the fourth I answer , that it is true , reason is fallible , or rather to speak properly , ratiocination , or the using of reason is subject to abuse and deception ; for reason it self is not fallible : but if reason , that is , reasonings be fallible , 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 sometimes 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 sometimes 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 . To the fifth I need give no other answer but this , that it confesses the main question : For if this be the greatest reason in the world , God hath said it , therefore it is true , 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 , This is against Scripture , therefore it is absurd and unreasonable , I have already made it appear to be an imprudent and useless affirmative . The sixth Objection complains of them that by weak reasonings lose their Religion , 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 discourses 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 the positive and affirmative measure of Religion , are wholly mistaken , and abuse themselves 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 vicious persons is reason to good men , and that which children and fools cannot answer , amongst wise men hath no difficulty ; and the ignorant , and the unstable , wrest some Scriptures to their own damnation : 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 themselves to have less , they could never be Atheists . To the last I answer , 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 mediums : they draw conclusions with artless and unskilful heads , they argue about things with which they have little conversation , they cannot makes scientifical 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 Religions 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 nothing 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 . RULE 4. A judgement of nature , or inclination , is not sufficient to make a sure Conscience . BEcause this Rule is of good use , not onely for making judgement concerning 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 judgement . The first is called an inclination , or the first natural consonancy between the faculty or disposition of man , and some certain actions . All men are naturally 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 an aptness to it . 2. In the sweeter and better natures there is a virtual charity . 3. But in those that consider and choose , and observe the Commandement , or the proportions of right reason , there is in these onely a formal , deliberative , compound or practical judgement . Now concerning the first sort , that is , the natural disposition or first propensity , it is but a remote disposition towards a right conscience and a practical judgement ; because it may be rescinded , or diverted by a thousand accidents , and is nothing else but a relique of the shipwrack which Adam 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 natural effects , or the changes or affections of a load-stone ; it may produce something in nature , but nothing in manners . Concerning the second , that is , a virtual judgement , that is , a natural inclination passing forth into habit or custome , and delight in the actions of some vertues ; it is certain that it is one part of the grace of God , and a more promoted 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 adulterous person . — quosdam moechos dum Mugilis intrat . Concerning this kinde of virtual judgement or confirm'd nature , I have two things to say : 1. That this virtual judgement can produce love or hatred to certain objects , ineffective complacencies or disrelishes respectively , proper antipathies and aversations from a whole kinde of objects ; such as was that hatred that Tamerlan had to Zercon , or some men to Cats . And thus much we cannot deny to be produc'd by the operation and simple apprehension of our senses by pictures and all impressions of fancy : Cum opinamur difficile aliquid aut terribile statim compatimur . Secundùm imaginem autem similiter nos habemus . 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 actus imperati , 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 miserable then vicious ; so in this they are rather fortunate then vertuous : 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 , 2. This virtual judgement , which is nothing but nature confirm'd by accidents , is not a state of good by which a man is acceptable to God. Neither is it a sufficient principle of a good life , nor indeed of the actions of its own kinde . 1. Not of good life , because it may be in a single instance ; and it can never be in all . The man that is good natur'd , that is , naturally meek , and loving , 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. James may be affirmed , He that offends in one , is guilty of all ; that is , if his inclinations , and his accidentally acquird habits be such as to admit a mixture , they are not genuine and gracious : 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 . Alexander was a continent Prince , and the captive beauties of Persia were secur'd by it in their Honours ; but by rage he destroyed his friend , and by drunkenness he destroyed himself . 2. But neither is this virtual judgement a sufficient principle of the actions 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 . It remains then , that to the constitution of a Right and Sure Conscience , there is requir'd a formal judgement , that is , a deliberation of the understanding , and a choice of the wi●l , that being instructed , and this inclined by the grace of God : tantóque laudabilior munificentia nostra fore videbatur , quòd ad illam non impetu quodam sed consilio trahebamur , said Secundus : then it is right and good , then when it is not violent , necessary , or natural , but when it is chosen . This makes a Right and Sure Conscience , because the grace of God hath an universal influence into all the course of our actions . For he that said , Doe not kill , said also , Doe not steal : 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 Conscience , hath the law written and the characters still fair , legible , and read ; but then the fault is in something else ; the will is corrupted . The summe is this : It is not enough that the Conscience be taught by nature , but it must be taught by God , conducted by reason , made operative by discourse , assisted by choice , instructed by laws and sober principles : and then it is Right , and it may be Sure. 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 prejudic'd by that mixture . HE that fasts to punish himself for his sins , 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 suffice to make it to be an act of a good conscience ; and if the mix●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●ded in both Testaments , and to which there is a natural desire , and proper inclination . But this also is with some difference . 2. If the secular ingredient be the stronger , it is in the same degree as it prevails over the vertuous or religious , a diminution of the worthiness of the action ; but if it be a secular blessing under a promise , it does not alter the whole kinde of the action . 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 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 Religion . 3. If the secular or temporal ingredient be not under a promise , and yet be the prime and chief motive , the whole case is altered : the conscience is not right , it is natural inclination , not conscience , it is sense or interest , not duty . * He that gives alms with a purpose to please his Prince , who is charitable and religious , 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 deliberation is turn'd to be a secular action , and passes without a reward . Our blessed Saviour hath by an instance of his own , determin'd this case . When thou makest a feast call not the rich , who can make thee recompence , but call the poor , and thou shalt have reward in heaven . 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 charity to civility , from Religion to prudence . And this hath not other exception or variety in it , but when the mixture is of a thing that is so purely natural , that it is also necessary : 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 difference ( if any be apprehended ) is because this natural end is also a duty , and tacitly under a promise . Quest. IT is usually requir'd , that all that enter into the holy Offices of the Ministery 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 . But I answer to the Question , in proportion to the sense of the present Rule . 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 an actual design to make that calling the means of our natural and necessary support . The reason is : Because it is lawfull to intend what God hath offered and propounded . 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 God hath ordained that they who preach the Gospel should live of the Gospel , it cannot be unlawful to design that in order to this . 2. If our temporal support and maintenance be the first and immediate design , 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. Paul , Whether ye eat or drink , or whatsoever ye doe , all to the glory of God : 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 questions 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 that , it hinders not in this . But yet , 3. It is a great imperfection actually to think of nothing but the temporal advantages , of which God hath in that Calling made provisions ; but I say , it is not always a sin to make them the first mover in the designing the person to that Calling . But therefore this is onely tolerable in those persons , 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 beauties which are in interiori demo ; 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 capacity when he first enters , and as he grows in powers , so must he also in purposes ; 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 further to the intention of the thing , and its own utmost capacity . But therefore , 4. Whoever does actually enter into Orders , must take care that his principal end be the glory of God , and the good of souls . The reasons are these : 1. Because no man is fit for that Office , but he that is spiritual in his person , 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 advantages . 2. This is that of which the Apostle was a glorious precedent , We seek not yours , but you ; for the Parents lay up for the children , not children for their Parents : 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 . And this I suppose is also enjoyned by another Apostle , Feeding the flock of God , not for filthy lucre sake , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , but of a prompt , ready minde ; a minde moved by intrinsick arguments of fair design , not drawn by the outward cords of vanity and gain . 3. 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 further purposes , although they standing nearest may be first regarded by an actual care , at some times , and in some circumstances , and by actual attention ; yet habitually , and principally , and constantly , the glory of God , and the good of souls must be in the heart , and in the purpose of every action . But the principality and preheminence of this intention is no otherwise to be judged of , either by our selves or others , then by these following significations . 1. No man can in any sense principally , that is , as he ought , intend the good of souls , who enters into the sacred Ministery without those just measures 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 . 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 : Non enim ambitione , vel pretio , sed probatae vitae & disciplinarum testimonio , ad honoris & Sacerdotii insignia oportet promoveri , said the Emperour Theodosius . 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 : neither can he be supposed to intend principally the ministery of souls , who comes to that office instructed onely with a bag of money . 3. He may be supposed principally to intend the Ministery of souls , 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 themselves , they are sufficiently enabled and assisted to that purpose ; he that zealously and wisely ministers in the office , hath given a most real testimony of his fair intention , because he does that thing so as those intentions onely can be effected . The thing it self is sufficient for the end if God blesses it ; he therefore 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 . 4. 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 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 incentive in the work . It was the case of Demas who was S. Pauls Minister and work-fellow in the service of the Gospel , but he left him , because he loved the present world ; concerning which , it is to be considered , that this lapse and recession of Demas from the assistances of S. Paul , did not proceed from that love of the wo●ld which S. John speaks of , and is criminal , and forbidden to all Christians , which whosoever hath , the love of the Father dwels not in him , 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 : Demas 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 Colossians and Philemon ; 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● 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 . 5. If ever the Minister of holy things , for hope or fear , for gain or interest 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 : Si non ubi sed●as locus est , est ubi ambules , said he in the Comedy ; the calling of these men is not fixed but ambulatory : and if that which fixes them be temporal advantages , then that which moved them principally is not spiritual employment . For it is considerable , 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 Altar ; 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 , I was hungry , and my flock was hungry , and ye fed neither it nor me . But this is to be understood with these liberties : 1. That it be no prejudice to those Ecclesiasticks , who in time of Persecution , 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 necessary for their labour , or support by any just and honest imployment . Thus S. Paul wrought in the Trade of a Tent-maker , because he would not be a burthen to the Church of Corinth ; and when the Church is stripp'd naked of her robes , and the bread of proposition are stollen from her table by Souldiers , there is no peradventure but the Ecclesiastical offices are so to be attended to , that the natural duty and necessity be not neglected . 2. That it be no prejudice to Ecclesiasticks in the days of peace or war , 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 Ecclesiasticks 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 Decretal of P. Euaristus is pretended , and is recorded in the Canon Law. c. Sicut vir . Can. 7. q. 1. Sicut vir non debet adulterare uxorem suam , it a nec Episcopus Ecclesiam suam , ut illam dimittat ad quam fuit sacratus : and therefore when Eusebius the Bishop of Caesarea was called to be Bishop of Antioch , he refused it pertinaciously , and for it was highly commended by the Emperour ; and S. Hierome in his Epistle to Oceanus tels , In Nicaenâ Synodo à Patribus decretum est , nè de alia in aliam Ecclesiam Episcopus transferatur , n● virginalis pauperculae societate contemptâ ditioris adulterae quaerat amplexus . 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 , Careat Cathedrâ propriâ qui ambit alienam . But these things though they be true and right , yet are not a contradictory to the present case . For , 1. Euaristus ( it is clear ) forbad translations and removes from Church to Church , ambitus causâ , for ambition or covetousness , and therefore it is by him expresly permitted in their proper cases and limits ; that is , [ in inevitabili necessitate , aut Apostolicâ , vel regulari mutatione ] when there is inevitable necessity , or the command and authority of a superiour power : and yet upon perusal of the Decree I finde , that Euaristus his intent was , that a Bishop should not thrust his Church from him by way of divorce , and excommunication , and take another , as appears not onely by the corresponding part of the Decree , viz. That neither must the Church take in another Bishop or Husband upon him to whom already she is espoused ; but by the expression used in the beginning of it , dimittere Ecclesiam Episcopus non debet ; 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 excommunicated , 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 . 2. As for Eusebius , it is a clear case he imposed upon the good Emperour , who knew not the secret cause of Eusebius his denial to remove from Caesarea to Antioch . For he having engaged the Emperour before time to write in his 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 Arrians , and therefore was unwilling to goe to that Church where his predecessor Eustathius had been famous for opposing that pest . 3. To that of S. Jerome out of the Nicene Council , I answer , That the prohibition is onely of such , as without authority , upon their own head , for their own evil purposes , and with injury to their own Churches did it : and of covetousness it is , that S. Jerome notes and reproves the practice : To despise our charge because it is poor , is to love the money more then the souls , and therefore 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 advantage of the Church in matter of direct reason , or collateral assistance , and therefore hath in it no cause of reproof . And to this purpose the whole affair is very excellently stated by the 14. Canon of the Apostles ; 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 , & in causa religionis aliquid profectûs prospicere . 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 ; & hoc non à semetipso pertentet , sed multorum Episcoporum judicio , & maxima supplicatione perficiat ; he must not doe it on his own head , but by the sentence and desire of the Bishops . There needs no more to be added to this , but that if a greater revenue be annexed to another charge , and that it be in rem Ecclesiae , 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 . Upon the supposition of these causes , we finde that the practice of the ancient Bishops and Clerks in their translations was approved . Origen did first serve God in the Church of Alexandria , afterwards he went to Caesarea , to Antioch , to Tyre , and S. Gregory Nazianzen changed his Episcopal See eight times . Nay the Apostles themselves did so : S. Peter was first Bishop of Antioch , afterwards of Rome : and the necessity and utility of the Churches called S. Paul to an ambulatory Government and Episcopacy , though at last he also was fixed at Rome , and he removed Timothy and Titus 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 , covetousness , or negligence . Concerning which , who please further to be satisfied , may read S. Athanasius his Epistle to Dracontius , of old ; and of late , Chytraeus in Epistolis p 150. & 678. and Conradus Porta in his Formalia . 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 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 . These being the limits and measures of the Rule , 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 . Sed ut tunc communibus magis commodis quam privatae jactantiae studebamus , quum intentionem , effectúmque muneris nostri vellemus intelligi ; ita nunc in ratione edendi , veremur nè fortè non aliorum utilitatibus , sed propriae laudi servisse videamur . 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 knowledge that he hath done them benefits . But yet in very many cases , we may at least guess probably which is the prevailing ingredient , by these following measures ; besides those which I have noted and applied to the special case of undertaking the calling Ecclesiastical . Signes of difference , whereby we may in a mixt and complicated intention , discern which is the principal ingredient . 1. Whatsoever came in after the determination was made , 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 Fulvia was oppressed by Attillius ; she complains to Secundus the Lawyer . He considers whether he should be Advocate for his friend Attilius , or for the oppressed Fulvia ; 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 Caninius , who gloriously commends the advocation , and by superadding that spurre made his diffidence and imperfect resolution , confident and clear . In this case the whole action is to be attributed to Piety , not to the love of Fame ; for this onely added some moments , but that made the determination . 2. When the determination is almost made , and wants some weight to finish it , whatsoever then supervenes and casts the scales , is not to be accounted 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 Maravidis that was stood upon was the greatest argument of parting 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 . 3. 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 intellectual 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 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 considering the musick , the company , the festivity and innocent refreshments , and in his fancy , leaps at this but his resolution walks on by that , hath not spoil'd the regularity of his Conscience by the intertexture of the sensual with the spiritual , 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 first we be infinitely careful to prescribe measures and limits to the secular joy , that it may be perfectly subordinate to , and complying with the spiritual and religious : and secondly , if we are willing to suppress the light flame , rather then extinguish the solid fire . 4. 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 this , then to that . Caecilius to doe a real not a phantastick benefit to his Tenants , erected a Library in his Villa , 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 Roman 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 dismantling the secret : it may still be piety , but it will be lessen'd by the publication ; though this publication be no otherwise criminal , then because it is vain . Meminimus quanto majore animo honestatis fructus in conscientia quàm in fama reponatur . Sequi enim gloria non appeti debet : nec si casu aliquo non sequatur , idcirco quod gloriam meruit minus pulchrum est : Hi verò qui benefacta suae verbis adornant , non ideò praedicare quia fecerint , sed ut praedicarent , fecisse creduntur ; which is the very thing which I affirm in this particular . If the intermediate 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 influence into the deliberation . But because the heart of man is so intricate , 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 . But on the other side , if the secular end mixt with the spiritual , and religious , 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 neither 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 . 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 . 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 warrant for a sure Conscience . HE that goes to publick Prayers because it is the custome , or communicates at Easter to avoid a censure , hath done an act in it self good , but his motive 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 reason in incompetent , the action is by chance , neither prudent , nor chosen , alterable 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 . This Rule is so to be understood , that it be not requir'd of all men to have reasons equally good for the same determinations , but sufficient and reasonable 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 , viz. a religious reason for an action of Religion ; a prudent reason for a civil action : but if it be in its proper kinde , it is sufficient if it be probable , provided always , that it makes a sure minde , and a full perswasion . He that beleeves Christian Religion , 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. Paul 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 perswaded him heartily , his conscience is as sure as it is right . Quest. Upon the account and consequence of this Rule it is proper to inquire , 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 perswaded , and which he beleeves are not sufficient ? The case is this : Girolami a learned Priest of Ferrara , 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 understanding the secrets of the old Prophets , the Synchronisms , nor the computation of Daniels weeks , the infinite heaps of reasons by which Christianity stands firm in defiance of all pretensions to the contrary ; sees it necessary to perswade 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 served 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 recover 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 considers 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 specious 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. To this Question I answer by several Propositions . 1. It is not lawful to tell a lie for God and for truth ; because God will not be served by that which he hates , and there are no defects in truth which need such violent remedies . Therefore Girolami might not to perswade his Judaizing 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 something 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 glorious Oeconomy of faith and truth to be disordered and discomposed by the productions of hell . For every lie is of the Devil . 2. It is lawful to use an argument cui potest subesse falsum , 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 a real truth , and a supposed truth are all one as to the innocence of my purposes . And he that knows how little certainty there is in humane discourses , and how we know in part , and prophesie in part , and that of every thing whereof we know a little , we are ignorant in much more , must either be content with such proportions 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 notices 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 illusion , these make up the stories . And in the observation of things , there is infinitely 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 . 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 . Upon this account we may quote Scriptures to those senses which they can well serve in a question , 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 a sense contrary to what we beleeve it meant ; yet to any thing besides 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 . 3. If a man suppose his arguments sufficient and competent to perswade , though they be 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 . 4. In the perswasion of a truth , it is lawful to use such arguments whose strength is wholly made prevailing by the weakness of him that is to be perswaded . Such as are arguments ad hominem , that is , proportionable to the doctrines , customes , usages , beleef , and credulity of the man. The reasons are these : 1. Because ignorant persons are not capable of such arguments as may demonstrate 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. 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 another 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 beyond 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 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 thorough 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 . 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 Galilee , needed no other argument to make them to beleeve in him , but to confute that foolish Proverb , Out of Galilee comes no good : 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 . 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 congruities in the nature and circumstances of things . Here the argument is to confute the fancy onely , not the reason . 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 Germany 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 beleeve upon no other account then this , neither can they be taught otherwise . When S. Paul would perswade the Jews to reason , and from laying violent hands upon him ; he was not to attempt it by offering undeniably to prove that he did well by going to the Gentiles , since God had rejected the Jews , excepting a remnant onely : but he perswaded them by telling them he did nothing against the Law of Moses and the Temple . 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 this , or else they will never stirre that : and therefore all our arguments cannot be freed from such allays . 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 becomes effective because he does . 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 principles , and which prevail more by silencing us , rather then demonstrating the thing . Thus S. Paul in his arguments for the Resurrection uses this ; If Christ be not risen , then is our preaching vain , and your faith is also vain . 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 Corinthians disavowed 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 proportionable to their Understanding then to the Question . There are two Cautions to be added to make the Rule perfect : 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 beleeve it , he must then put no more force upon it by his affirmation and authority 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 . 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 weakness ; and the not doing so is want of ingenuity , and the worthiness of Christian charity , and a perfect deceiving them who expect and desire such things as ought to be finally relied upon . 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 . 3. It is lawful for a man in perswading another to a truth , 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 concession and granting of an error . Thus S. Paul disputed with the Corinthians , 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 , Baptism and the Lords Supper ; at the beginning 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 Rome . Upon this fond custome of theirs , S. Paul thus argues : If there be no resurrection , then it is to no purpose that you are baptized for the 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 principles 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 unavoidable ; so may good men and wise make use of a prepared error , a falshood already beleev'd ; but they must neither teach , nor betray any one into it . The objections mentioned in the state of this question , are already answered in the stating the propositions . But now arises another question , and the solution will follow upon the same grounds . Quest. WHether it be lawful 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 ; 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 ? I answer briefly : 1. 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 Moses 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 formidable 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 permission and liberty that can be used , are these : 1. A Preacher or Governour may affright those that are under them , and deterre them from sin , by threatning them with any thing which probably may happen . So he may denounce a curse upon the estate of sacrilegious persons , 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 afflicted 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 indefinitely threatned to all sinners , 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 . 2. It is lawful to affright men with the threatning of any thing that is possible to happen in the ordinary effects of providence . For every sin is against 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 example to perpetuate a fear upon men to all ages . But this is to be admitted with these Cautions : 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 England , 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 threatning 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 , Gods dealing with the Corinthian Communicants . 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 instance in general threatnings , or with exceptive and cautious terms in the particular ; as , Take heed lest such an evil happen : or , It is likely it may , and we have no security for a minute against it ; and so God hath done to others . 3. Let these be onely threatnings , not prophesies , lest the whole dispensation become contemptible ; and therefore let all such threatnings be understood 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 . 3. 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 representing 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 brimstone and fire , the worm of conscience , weeping and wailing , and gnashing of teeth . 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 Romane Church , and particularly of Cornelius à lapide , 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 expressions did not , or were not apt to pass into dogmatical affirmatives , and opinions of reality in such inventions . 4. If any extraregular example hath ever happened , that may be made use of to affright men from the same or the like sins , and so pass into a regular warning . Thus , though it but once happened , that God punished rebellion by causing the earth to open and swallow up the Rebels against their Prince and Priest , Moses and Aaron , that is , it is but once recorded in holy Scripture ; yet God hath the same power now , and the same anger against 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 . 5. If any prodigy of accident and judgement hath happened , though it be possible it may be done for the manifestation of the Divine glory , yet because 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 Colossians and Laodiceans ; the burning Towns and Villages by eruption of fire from mountains ; the sudden cataracts of water breaking from the Indian 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 courses : and provided that they be charitably and prudently applied , may effect fear and caution in some sinners , who otherwise would be too ready for gaieties and unsafe liberties . 6. To children and fools , 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 permitted , because other things which are real , certain , or probable , cannot be understood or perceiv'd by them : and therefore these things are not to be permitted , where it can well be otherwise . If it cannot , it is fit that their understandings should be conducted thither where they ought to goe , and by such iustruments as can be useful . RULE 7. A Conscience determin'd by the counsel of wise men , even against its own inclinations , may be sure and right . 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 conscience , is obstinacy , not constancy : But on the other side , to change our first perswasion when it is well built , for the counsel of men of another perswasion , though wiser then our selves , is levity , not humility . 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 . 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 . HIS sin is indeed the greater , because it is less excusable and more bold . 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 ( said Christ ) they had not had sin ; but now have they no cover for their sin : that is , because they are sufficiently taught their duty . It is not an aggravation of sin , barely to say , it was done against our conscience : for all sins are so , either directly or indirectly , mediately 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 understanding , and a perfect , contrary determination . But even then it does not make it to be a distinct sin . Whatsoever is not of faith is sin ( said the Apostle ) but he did not say it was two . It is a transcendent 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 , viz. by having a being , and a substantial being . 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 , because the Commandement is against it ; the Conscience being Gods remembrancer , the record , and the register of the Law. A theef does not sin against the Law and the Judge severally ; neither does the Magistrate punish him one way , and the Law 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 , In sins where there is a double formality , there indeed in one action there may be two sins , because there is a double law : as he that kills his Father sins twice , he is impious and unjust ; he breaks the laws of piety and justice ; he sins against the fifth and the sixth Commandements at once ; he is a murderer , and he is ungrateful , and he is impious . But in sins of a single nature there is but a single relation . For the Conscience and the Law is the Rule and the Parchment ; and he that sins against the one , therefore also sins against the other , because they both terminate but one relation . But although he does not commit two sins , 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 instructed 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 . Quest. BUT then what shall a Judge doe , who knows the witnesses in a criminal cause to have sworn falsly ? The case is this : Conopus a Spartan Judge , walking abroad near the gardens of Onesicritus , espies him killing of his slave Asotus ; who to palliate the fact , himself accuses another of his servants [ Orgilus ] and compell'd some to swear it as he affirm'd . The process was made , advocates entertain'd by Onesicritus , and the poor Orgilus convict by testimony and legal proof . Conopus 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 peremptory resolution on either hand : Since he offends against the Laws of Sparta , 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 . That a Judge not onely may , but is oblig'd to proceed according to the process of Law , and not to his own private Conscience , is confidently affirmed by Aquinas , by his Master , and by his Scholars , and of late defended earnestly by Didacus Covaruvias a learned man indeed and a great Lawyer ; and they doe it upon this account : 1. For there is a double person or capacity in a Judge ; 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 Judge , he is to doe the office of a Judge , and to receive information by witnesses and solemnities of Law , and is not to bring his own private conscience to become the publick measure . Not Attilius Regulus , but the Consul 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 the Law , not in the Judge , 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 . * And it is here as in case of execution of sentences , which is another ministery of Law. Ordinarius tenetur obsequi Delegato , etsi sciat sententiam illam injustam , exequi nihilominùs tenetur eandem , said Innocentius III. 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 . * It is like speaking oracles against publick authority from a private spirit . * Which thing if it were permitted , the whole order and frame of Judicatures would be altered , and a door opened for a private and an arbitrary proceeding : and the Judge if he were not just , might defame all witnesses , and acquit 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 conscience 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 : 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 publick 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 that overborn by this would destroy all Government ; but because if this private pretence be admitted , it may as well be falsly as truly pretended : 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 . * For the Judge lays aside the affections of a man , when he goes to the seat of judgement ; and he lays aside his own reason , and submits to the reason of the Law ; and his own will , relinquishing that to satisfy the Law ; and therefore he must bring nothing of a private man with him , but his own abilities fitted for the publick . * And let no man in this case pretend to a zeal for truth and righteousness ; for since in Judicatures , legal or seeming truth 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 Moses Law , It is written in your Law , The testimony of two men is true , 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. Ambrose , Bonus Judex nihil ex arbitrio suo facit , & domesticae proposito voluntatis , sed juxta leges & jura pronunciat , scitis juris obtemperat , non indulget propriae voluntati , nihil paratum & meditatum domo defert , sed sicut audit , ità judicat . 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 . This testimony is of the more value , because S. Ambrose 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 : For a Judge may not proceed 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 effect it means , that the Laws doe not permit a Judge to take notice of any private information , which might prove an inlet to all manner of violence and robbery . * And therefore if a Priest hearing the Confession of Caius , understands that Titius was the complice of Caius his crime , he may not refuse to absolve Titius , though he doe not confess the fact in which he took part with Caius ; because he is to proceed by the method of that Court where he sits Judge . For private and personal notice is not sufficient . * And if I doe privately know that my neighbour is excommunicate , I am not bound to refuse 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 private act referring to Law without a publick notice . * And all this is confirm'd by the authority of Ulpian , Veritas rerum erroribus gestarum non vitiatur , & ideo Praeses provinciae id sequatur quod convenit eum ex fide eorum quae probabuntur . 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 , 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 . * 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 ? But if after all this you inquire what shall become of the Judge as a man , 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 justice 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 advantage of his private knowing the secret , make ways to entrap the false witnesses , as Daniel did to the two Elders in the case of Susanna : or let him referre the cause to the supreme power , or resign his office , or make a deputation to another , 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 . This is the summe of what is or can be said in this opinion ; and though they speak probably and well , yet I answer otherwise , and I suppose , for reasons very considerable . Therefore , To the Question I answer , That a Judge in this case may not doe any publick 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 : 1. Innocentem & justum non occides ( said God ) to slay an innocent person is absolutely and indispensably evil . Upon which ground I argue ; 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 Laws actually doe constitute and appoint , but what the Judge may really practise . Now , in all cases , if a man dies , it must be by the merit of the cause , or for some publick end . The first is not suppos'd in this question , because the man is supposed innocent ; and if the latter be pretended , it is an open profession 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 therefore 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 . 2. To judge according to forms and processes of Law , is but of humane positive right and constitution ; for the Law may command a Judge to proceed according to his own knowledge , if she will trust him and his knowledge : and in all arbitrary Courts it is so ; and in the supreme power it is always 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 testimonies 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 Divine judgement , who proceeds upon his own knowledge , though for the declaration of his justice to men , he sometimes seems to use processes , and measures of humane inquiry ; as in the case of Sodome , and the like . And in proportion , if God should reveal to a Judge the truth of every cause that lies before him , I think no man doubts , but he might safely proceed to judgement upon that account . This was the case of Daniel and Susanna . For she was convicted and proved guilty by concurrent witnesses ; God revealed the truth to Daniel , and he arrested judgement upon that account . Upon exam●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 sufficient , because Daniel 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 Daniel being made Judge by God , might not have consented to the death of Susanna , though not onely the two Elders , but ten more had sworn that they had seen Susanna 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 . 3. If a King or Senate , or any supreme power receive testimony of a matter of fact concerning any of their Council , whom they know to be innocent ; as if it be legally proved that Sempronius robb'd a man upon the Kalends of March , 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 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 upon the affirmation and petition of him that needs it : much more must it dispense with the forms of proceedings in a case of such necessity , and justice , and charity , and that upon their own knowledges . The affirmation 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 consequent 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 knowledge of the fact , and the law of God for the right . 4. For the case is this ; God says , Thou shalt not slay the innocent , and the Judge does certainly know , that the accused man is truly innocent : The conclusion is , therefore this man must not die . Against this , the argument opposed is this : Humane authority says , Thou shalt slay him that is convicted of a fault , whether by true or false witnesses : Here are witnesses which doe convict him , and I know them to be false : The conclusion is , Therefore this man must die . Which of these two arguments ought to prevail , I think needs not much inquiry . 5. And what if Titius be accused for killing Regulus , whom the Consul 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 Titius 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 Ludlow not many years since ? The Judge proceeded to sentence upon intuition 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 admitted as the instrument of justice ; and if it may , it must : for nothing can hinder him to doe it , but because he may not . But that he may , appears in the now alledged instances . 6. Adrianus puts another case , 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 . Viretta a naughty woman pretends to be wife to Coloro an Italian Gentleman , and brings a Priest and witnesses whom she had suborned , to prove the marriage . The Judge gives sentence for Viretta , and commands Coloro to pay the duties of a husband to her , and to use her as a wife . He knows the contrary , and that he is husband to Vittoria Morisini , 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 error 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 Coloro is bound to preserve his duty to his wife , and the Judge may no more commit murder then Coloro 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 . 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 intolerable , and much greater then can be supposed to be consequent to the following 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 Henry 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 proceeded 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 money by a lie , then have done justice to the oppressed according to his conscience . 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 unexperienced Scholars who care not what load they put upon others to verify their own opinion . And what Christian will not condemne Pilate 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 Pilate had known the Lord to be innocent 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 condemn'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 . 8. A Law founded upon presumption binds not in the Court of Conscience , 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 negligence or ignorance , or an impertinent fear , or upon ill counsel , or be betrayed 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 by the measures of the Law to doe violence and oppression , which was the thing in question . 9. To the verification of the sentence of death upon an accused person there are required , 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 affirm 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 Subjects , 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. Pauls words , He that is dead is justified from sins . 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 no reality of fact 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 . Justis lex non est posita ; 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 , 10. If a Law were made that a Judge should be bound to condemne an innocent person , 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 perjurers and oppressors , to discourage innocence : a Law made against the intention 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 office 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 possibly be so adhered to , as to be preferred before the end to which it is design'd , that were as if a man should rather love to seek then finde . 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 follows 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 c. 1. de re Judic . in 6. & in clem , 1. § . verùm de haeret . 11. Suppose a Judge should suborn false witnesses against an innocent ; either he is bound not to proceed according to allegation and proof , but according 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 suppose 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●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 proceed by his private conscience , and that in his case would be justice and penitence besides . 12. Lastly , all Laws being intended for the good of the Subjects , 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 summum jus , summa injuria ; and Solomon advised well , Noli esse justus nimiùm , be not over righteous ; and the j●stice of God being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gentleness and favour , equity and mercy , ours is best when we follow the best precedent ; now since no case is more favourable 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 quantum in se est , but at no hand to consent to his condemnation . I conclude therefore with that rule of the Canon Law , Melius est scandalum nasci quàm ut veritas deseratur ; It is better that a scandal should be suffered , 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 prophecie concerning our blessed Saviour , Non secundùm auditum aurium arguet , 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 ; Segniùs irritant animos demissa per aures Quàm quae sunt oculis commissa fidelibus — 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 consciences are surer informers then the forms of Law ; and since no Law hath declar'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 servant , it is Gods onely . Conscience is Gods Angel : 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 , said Cicero ; Every good man is perfectly resolved not to depart from his right conscience a hairs bredth during his whole life . And now to the pretences which are made on the other side , 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 , ordinarily and regularly , 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 suppositions conclude that regularly 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 remissions , 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 . 1. It is true that a Judge hath a double capacity , and he hath offices proportionable ; some as a man , some as Judge ; that is , he hath some natural and essential obligations , some which are superinduc'd upon his office . And therefore 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 a publick man , and a private man ; for private is as much superinduc'd as publick ; 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 Tutor , of a Master ; and amongst these , the more private is often tied to yeeld to the more publick . But therefore in this case the Judge is to be considered as a Judge and as a Man ; 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 man that office is subjected , and the office of a Judge is bound upon him by the conscience of the man. If the Judge 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 callings ; but it is not so , they are but two persons in fiction of Law , but materially , and to all real events , the same : it is the same conscience ministring to divers duties : And therefore as the Judge is always that man , so his conscience is the conscience of that man ; and because as a man he must not goe against his conscience , so when that man is a Judge he must not goe against the mans conscience , 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 superinduces new obligations , but none contrary , no more then he can cease being a man by being a Judge . Certè prior anima quam litera , & prior sermo quàm liber , & prior sensus quàm stylus , & prior homo quàm philosophus & poëta : 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 Judge goe against the conscience of the man , pretending to doe according to the conscience of the Judge , the man shall be damned , and where the Judge shall then appear any child can tell . If the Bishop of Bayeux as Earl of Kent will rebel against his Prince , the Earl of Kent shall lose his head , though the Bishop of Bayeux may plead his Clergy . For in this there is a great mistake . To be a man and to be a Judge are not to be compar'd as two distinct capacities of equal consideration . To be a Bishop and to be a Judge are properly such , and have distinct measures ; but to be a man 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 sophistical , 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 superstructure must also fall to the ground . To the special cases this I answer : 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 , 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 . Indeed this ought not easily to be drawn into a rule , lest such people turn it into a pretence . 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 . 3. Now whereas it is pretended that if a private notice were admitted against publick evidence , 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 admit 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 , because 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 prudence 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 . 4. Neither is this like a private spirit against a publick article ; 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 although his conscience ought not to be the publick measure , yet it ought to be 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 . 5. And this we see verified in the matter of a private evidence ; 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 permitted 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 obliged to take more care of a mans money or land then himself does , but it can be ●bl●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 therefore he may lose his estate by such ways , by which he ought not to be permitted 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 ●s conscious there is no uncertainty , nor fallibility . And lastly , the suffering 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 ▪ 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●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 . 6. By some of these things we may also answer to the instance of a confident and opinionative Judge . 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 counsel , 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 what he sees , or what is matter of faith ; and therefore in these onely he is to be guided by his own , in the other he must proceed by the publick measures . 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 injustice by ministring to an unjust Law against his conscience . For not onely he 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 opinion or his office , for his conscience must not be laid aside . 7. The instance of a Priest and an excommunicate person unworthily absolved will no way conclude this Question . 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 conviction , 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 Straffords 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 dispensed 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 . 8. As for the case of the Priest hearing Confessions , though he finde Titius accused by Caius , yet if Titius does not accuse himself , Titius is rather to be beleeved in his own case then Caius in another mans . Because in this entercourse 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. Caius accusing Titius may for ought the Confessor knows tell a lie and abuse him , and therefore he cannot pretend knowledge and conscience against Titius ; and so this comes not home to the present case which supposes the Judge to know the accused person to be innocent . 3. This argument supposes that a man cannot be absolved unless he enumerate all his sins to the Priest , which being in many cases false ( as I have shewn otherwhere ) that which relies upon it can signify nothing . 9. Last of all , although the Judge must lay aside his affections and his will , and his opinion 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 knowledge , and if he lay aside his conscience he will make but an ill Judge . 2. And yet the Judge must lay his affections and his will aside never but when they tempt him to injustice . For a Judge must not cease to be merciful when it does not make him unjust ; 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 . 10. To the authority of S. Ambrose , what I have already said is a sufficient 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 . Sicut audit , ita judicat , would no less have said , Sicut videt , ita judicat . The seeing of his eyes is as sure a measure as the hearing of his ears . 11. As for the words of Ulpian I will give no other answer , then that Panormitan and Covaruvias 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 . 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 knowledge 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 . 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 absolutely take all for granted which they say , then he must use no arts to invalidate 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 , Nicolaus Lyra , Adrianus , Angelus , Navarre , Hostiensis , Calderinus , Panormitan , Martinus , Johannes Arboraeus , Oldendorp , Corrasius , Lessius , Bresser and divers other ; and therefore besides the strength of the reasons , I walk the more confidently by having such good company . To conclude : All those advises of prudence which are given by the adverse 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 . Fiat jus & pereat mundus , said S. Austin , adhaec imagine nè nature veritas obumbretur curandum . 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 . Accipere personam improbi non est bonum , ut pervertas justum in judicio . It is not good to receive the person of a wicked man , thereby to overthrow the righteous in his cause . RULE 9. The goodness of an object is not made by Conscience , but is accepted , declared , and published by it , and made personally obligatory . NO object can have its denomination from the judgement of reason , save onely that from thence it may be said to be understood to be good , to be declar'd , to be consented to ; 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 consenting to it , and a deceiver in publishing it . This is true in respect of the material , fundamental , and proper goodness 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 a formal , extrinsecal , and relative goodness passed upon an object 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 . The purpose of this is to remonstrate that we must rather look to the rule then to the present perswasion ; 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 . 1. The goodness of an act depends upon the goodness of an object , 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 undetermined 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 commit 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 Aristotle defines justice by a habitude or relation to its object . It is voluntas dandi suum cuique , a will of giving to every one that which is their due . And therefore our conscience , because it is to receive its information from the rule by which every action is made good or bad , and its motion from the object , is bound to take in that onely which is really and truly good , and without sin or error cannot doe otherwise . 2. Although conscience is bound to proceed this way , 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 because 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. 3. Although the rule by which good and bad is measured , be in it self perfect , yet it is not always perfectly received by us . Good is proportionable to Reason ; and as there is probabiliter verum , so there is probabiliter bonum , a probable 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 innocently 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 faculties , 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 this may finde an excuse , but that never . 4. Upon this account it is that though the goodness or badness of an act depends upon the quality of the object regularly and naturally , yet the acts become irregularly or accidentally good or bad by the conscience , because the conscience changes the object ; that is , the act is good by the object really good , or so apprehended . The object always changes or constitutes the act , but the conscience changing the object immediately , hath a mediate influence 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 consideration . What changes can be made in moral actions by the perswasion and force of Conscience . 1. Whatsoever is absolutely and indispensably necessary to be done , and commanded by God expresly , cannot be changed by Conscience 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 contrary to the opinion which men had of themselves and of their actions . Somtimes men live contrary to their profession ; they profess the worship of God , but deny him in their hearts , even when they least think they doe . Thus the Israelites having constrain'd Aaron to make a golden Calf proclaim'd a feast , To morrow is a feast unto Jehovah ; but God says of them , They offered sacrifice to Devils and not to God. And so it was with their children after them , who killed and persecuted the Apostles and servants of Jesus , and thought they did God 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 ; Protestatio contra factum 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. 2. Where the rule is obscure , 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 Jacob supposes he lies with Rachel , and she prove to be Leah , his conscience hath not chang'd the rule , but it hath chang'd the object and the act : The object becomes his own by adoption , and the act is regular by the integrity of the will. This is that which is affirm'd by the Apostle , 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 . 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 Moses 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 married , it is fornication or adultery ( as it happens . ) But if Conscience 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 necessity . Where ever the understanding is wrong , and the will is wholly right , the action is accepted , and the error pardoned . 3. When the act is materially evil , 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 a right conscience and a wrong 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 accepted , 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 . 4. If the conscience dictate a thing to be necessary , the thing is become necessay , and at no hand to be declined . This was it which S. Paul said , He that is circumcised is a debtor of the whole Law ; meaning , that though Christ had broken the yoke of Moses , 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 whether he may doe it standing , or lying , or leaning ; if his conscience be perswaded that he must doe it kneeling , it is necessary he should doe so , and he may not 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 , That they may doe otherwise . For whether this part be 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 . But if the Question be , whether it be necessary to keep a Holy day , or necessary 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 essential alterations in the thing , though it makes personal obligations to the man ; and if it be an evil superstition to keep a holy day , it cannot be made lawful , because 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 , If the blinde lead the blinde , they both fall into the ditch . But in this case there is a fault somewhere , and the man smarts under the Tyranny , not the Empire of his Conscience ; for Conscience can have no proper authority against the Law of God. In this case that which the conscience falsly calls necessary , becomes so relatively and personally ( that is , he thinks so , and cannot innocently goe in the right way , so long as his guide conducts 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 bonum , something there is in it that is good , and that God may regard ; there is a praeparatio animi , a willingness to obey . 5. If the Conscience being mistaken in a question , whether an action be good or no , calls that good which is nothing but indifferent ; the Conscience alters it not , it is still but lawful ; but neither necessary nor good , but relatively and collaterally : The person may be pitied , and have a gift given him in acknowledgement , but the thing it self cannot expect it . When the Lords of the Philistins , that they might deprecate the Divine judgements offered to God golden 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 good or bad is wholly another consideration then to be necessary or not necessary . This distinction is relative to persons , and therefore can be made by Conscience in the sense above allowed . But good and bad is an abstract consideration , and relates to the materiality of the object , and is before the act of Conscience , not after . 6. If the Conscience being mistaken calls a thing lawful , 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 . Eleonora de Ferrante was married to a Spanish Gentleman , who first used her ill , then left her worse . After some years she is courted by Andrea Philippi 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 bono animo , her conscience was perswaded she might doe it , and therefore hopes to 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 unlawful , yet she is not tied to doe every thing that is lawful : and though her conscience can give her a Law , yet it cannot give her a Privilege . 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 it is lawful so to doe ; if she does not doe the thing which her conscience permits , she offends it not , because though it allows , yet it does not command it . If therefore she does it , and there be an error in the conscience , the sin is as great as the error , great as the matter it self ; as if the fact materially be adultery , it is also morally so , and the perswasion of the conscience does not excuse it from being such . The reason is plain ; For since the conscience when she allows does not command , 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. Paul did in persecuting the Church ; he did it ignorantly and so did she . Here onely was the difference ; he was nearer to pardon then she ; because he thought he was bound to doe so , and therefore could not resist his conscience so perswaded : she onely thought she might doe it , and therefore might have chosen . The conscience hath power in obligations and necessities , but not so much , nor so often in permissions . CHAP. III. Of the Confident , or Erroneous Conscience . 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 . IN this there is no other difficulty but in the last clause . For when our blessed Lord had propounded an instance 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 le ts out the excellency of his love . Christ hath recommended renunciation of the world , spiritual castration for the kingdome of God , dying for our Enemies , &c. he that in zeal , with charity and prudence follows these advices 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 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 . But an erroneous conscience is generally abused by two manners of proceeding . 1. By a true application of a false proposition : Thus , Whatsoever is done against my Conscience is a sin . But to allow of Magistrates is against my Conscience . Therefore it is certainly a sin that they be allowed . 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 absolutely , or relatively , originally , or accidentally . But if it be intended to conclude , that because it is against my conscience to allow them , therefore it is simply unlawful , or unlawful to every one else , this is a Paralogism , and makes an erring conscience . Or secondly , the conscience is abused , and made erroneous by a false application of a true proposition . Whatsoever is forbidden by God is a sin . But every oath is forbidden by God. Therefore every oath is a sin . Every thing here is true but the conclusion . The second proposition is true , but not universally . For S. James saying , Swear not at all , forbids all kinds of oaths materially : 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 By God , therefore without such authority , neither is it lawful to swear by a creature . So that his words mean thus ; Except in such a case swear not at all , 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 , viz. in such circumstances . The causes of error , are 1. Ignorance , either of right or fact . For no other division of ignorance can concern the relation of an erring conscience . For although a man is otherwise concerned in ignorance if it be vincible , otherwise if it be invincible , yet his will is concerned in that directly , and his conscience but collaterally and indirectly . 2. Fear whether it be pusillanimous , or superstitious , that is , whether it begin upon religion , or upon natural imbecillity , they alike abuse the conscience . Ignorance makes it erroneous , but takes not away its confidence , but oftentimes increases it : fear makes it erroneous too , and though it begins in doubting , it ends in a silly choice , which grows to as much confidence as it can , so much as to establish the error . 3. To this usually is reduc'd a morose humility and abjection of minde , which because it looks pitifully and simply , some men in charity think it laudable : so Antoninus particularly ; and it is the same that S. Gregory recommends , Bonarum quippe mentium est , ibi etiam aliquo modo culpas suas agnoscere , ubi culpa non est . It is the sign of a good minde to accuse themselves of a fault when there 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 determined 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 humility and prudence both , to suspect a fault where there is none ; to fear lest we have erred by excess of degrees in passion , or by remisness and slackness of action , or by obliquity of intention , or intertexture of some undecency , or weariness , or sensuality , or complacency , and phantastick deliciousness , or something secret , and we know not what : But even in this case , we may best follow S. Pauls expedient and manner of expression , Nihil mihi conscius sum , I am guilty of nothing , my heart smites me not , yet I am not hereby justified , for God is greater then my conscience : 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 contrary to confidence , and therefore cannot be so well reduc'd to this kinde of conscience , but to the doubting , or the scrupulous ; 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 becomes 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 voluntary , 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 . Other causes of an erroneous conscience here usually are assigned but inartificially I suppose , and not of present concernment or relation . Such as are the subtraction of the Divine aids , Gods leaving a man , and giving him over 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and to beleeve a lie ; perplexity , or irresolution , self-love , pride , prejudice , and passion ; perit enim omne judicium cùm res transierit in affectum , quìa affectus obscurat intellectum nè rectè judicet , said Seneca . When affection sits Judge , there reason and truth are seldome admitted to plead , or if they are , yet they cannot prevail . Impedit ira animum nè possit cernere verum . 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 . RULE 2. An erroneous Conscience binds us to obedience , but not so as a right Conscience does . THE object can move the will no otherwise then as it is propounded by the understanding . 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 because he beleeves it evil , or though 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 . If this were not thus , but that it were possible to be otherwise , then we might suppose that a man might doe a thing reasonably , for which he ha●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 perswasion ; 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 . But against this Rule , some contend earnestly , in particular Guilielmus Parisiensis , and some that follow him , saying it is impossible that an erring or a lying conscience should oblige a man to follow i● . The thing hath great influence upon our whole life , and therefore is worth a strict survey . Quest. WHether a false and an abused Conscience can oblige us to pursue the error ? That it cannot these reasons are or may be pretended . 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 greater . For the error can oblige no higher , then its own nature , as rivers cannot arise above their fountains . 2. But it is a more material consideration ; 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 ignorantly , and by the dictate of an erring Conscience ; and S. Paul says of himself befo●e his conversion , I my self thought I ought to doe many things against the Name of the Lord Jesus ; and yet he sinned in following his erring conscience ; and therefore certainly could not be bound to it . In pursuance of which , 3. S. Bernard argues thus ; 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 Corban ; all which consequents being intolerable , the antecedent which infers them , must needs be false . 4. It is true indeed , 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 authentick record , but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a heap of lies and errors , and therefore cannot be a true guide , and we are not tied to follow any leader to hell . Better 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 . 5. For if still we were bound to follow our abused conscience , then we were bound to impossibilities , for then either we were not at all bound to follow 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 ; to serve two Masters , which our blessed Saviour said , No man can doe . 6. But therefore in this case God must be obeyed and not Man ; 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 . 7. And there are in this , 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 . 8. For it is certain , conscience is Gods creature , bound to its Lord and Maker by all the rights of duty and perfect subordination , and therefore cannot 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 conscience 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 . 9. And there can be no more necessity upon us to follow our conscience teaching us , then our conscience binding us ; and yet if a contract that is vicious be made , or an oath that is unlawful be uttered , the obligations of conscience cease , because they are against the Law of God ; and how then can conscience against this Law of God in any sense pass an obligation ? But this rather , that as we are bound not to commit a crime , so not to follow an error and a lie . 10. For it is impossible that our opinion , 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 conscience 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 pursue , and actuate and consummate his error ; which yet he were bound to doe , if an erring conscience could binde him . 11. Lastly if an erring conscience binds us to obedience , 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 opinion is a Lawgiver to himself , and error shall be the measure of good and evil . These are the arguments which are used by several persons respectively in verification of the opinion of Parisiensis , 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 divers 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 : 1. That it is not the error that binds us to follow it , but the conscience in error ; and therefore although the error can have no force greater then its own nature and proper energy , 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 . 2. To the second , I answer , That it follows not , because the erring conscience 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. Paul 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 . 3. To that which S. Bernard objects , the answer is easy upon another account ; for conscience may make a good thing evil to it , because besides the 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 conscience that beleeves not the goodness of it , the action is evil , by reason of the destitution of an integral part . For , Bonum ex integra causa , malum ex qualibet particulari , 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 . 4. To the fourth I answer , That because the conscience is in error , and the principle within it is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 this , but only to doe that ; and it is by our own fault that we are bound to fall into an evil portion , God binds us to follow our conscience , we spoil it by some folly or other , and then we follow it ; the evil appendage is our own , the Law by which God bound us was holy . Nature requires 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 . 5. And therefore the answer to the next objection provides us of a remedy against the former . We are bound absolutely to follow the Law of God ; but we are bound to follow the contrary law of conscience erring , conditionally and by accident , that is , because we have made our rule crooked which God had made streight . For to be absolutely and irrespectively bound to follow God , and yet respectively and by accident to be bound to follow the contrary conscience , are not incompossibilities , or the parts of a contradiction , because they are not ad idem , 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 accidentally opposed , and God commanding us to follow our conscience ; took care that at the same time we should follow 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 conscience to God , that is , lay aside our error , and then God and Conscience are not two Masters , but one , that is , God ; and Conscience is his Deputy and subordinate . 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 laying 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 wrong , and if I beleeve him to be in the right , and he really be so , then I have laid aside my error , and indeed to doe this is our duty ; but this cannot be done till the error be discovered , till then I must follow my own conscience , not the conscience of another man. 6. To the sixth I answer , 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 perswasion , no humor , no opinion can derogate from it . But an erring confident conscience 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 Amphitruo was kinde to her lord , when she entertain'd Jupiter in his semblance ; and for Sosia's sake Mercury 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 following 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 . 7. And therefore although the will must cease from its own pleasure , 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 . 8. For Conscience being Gods creature , and his subordinate , cannot possibly 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 . 9. For it is in this as it is in contracts and oaths , 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 . 10. And the reason is plain , 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 , and remain so , whatever the conscience thinks : But yet they put on vizors and shapes , and introduce accidental obligations by error . Indeed the error brings in no direct obligation 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 directly and principally ; that is , that it be the Mans rule and guide . For the fallacy that runs thorough all the objections is this , that the Erring Conscience is in its obligation considered as erring . Now it does not binde , as Erring , but as Conscience ; that is , not by its Error , but by its Nature , 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 . 11. For all the obligation which our conscience passes on us is derivative from God , and God commands us to follow our conscience , but yet he commands 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 . By this it appears what manner of obligation is pass'd upon us by an erring Conscience ; 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 . Durandus expressed this by a distinction of words , in which himself onely made the difference . Ligat , sed non obligat . 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 . A right Conscience directly and finally binds us to the action it self : An erring Conscience 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 ; The formal obligation 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 . Cordubensis and Vasquez contradict this expression of Durandus , affirming that an erring conscience does ligare & obligare ; I cannot well translate the words into a distinction , but their meaning is this , that we are not bound positively 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 Durandus his distinction 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 . The measures of obedience due to an erring Conscience . 1. If an erring conscience commands a thing that is of it self indifferent , we are bound to follow it , and we may doe it without sin . Because if it be indifferent , 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 compliance ; 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 indifferent , and represent it as a necessary action , 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 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 personally necessary , and the truth of God hath made it lawful really . 2. 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 . 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 . 3. If an erring conscience affirm that which is good , or which is indifferent , to be evil and vicious ; 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 command 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 ; because 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 . 4. If an erring conscience say that such an action is lawful onely , when of it self it is good and laudable , we sin not if we doe it , or if we doe it not . For in this case neither is there any direct obligation from God , nor any indirect obligation from Conscience , and therefore the man is wholly permitted to his liberty : 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 laudable , but that it is lawful onely , 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 beleeves there is no worthiness . 5. If an erring conscience commands what is simply evil , or forbids to doe that which is absolutely commanded , the man sins whether he obeys , or obeys not . In one case he sins against his Rule , and in the other against his Guide : 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 error . But they are applicable to consciences recovered from their error , and are useful in the conduct of their repentance , because they describe the respective measures of sin and innocence , and what obligations of sorrow and amends are left behinde when the error is gone . To these may be added those Rules which I have already given , concerning the changes which can be made in moral actions , by the perswasion and force of Conscience , Chap. 2. Rule 9. RULE 3. A Conscience erring vincibly or culpably is an unavoidable cause of sin , whether it be resisted , or complied with . WHEN the error proceeds of malice or negligence , the man is guilty according to the venome of the ingredient ; there is a sin in the principle , 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 . Quest. BUT if it be inquired , whether that also be a sin which is an obedience to his Conscience , that is , whether the instance of the action be a sin , beside the malice of the principle , and so every such action become a double sin ? I answer , that it is according as the instance is . 1. If it be against a prime principle , in which we are naturally , or any way greatly instructed , then the error is culpable in that manner that it remains voluntary all the way ; and then not only the introduction or first principle , but the effect also is a sin . The man hath onely put a blinde before his eyes , and in every 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 . For the Conscience is but imperfect and equivocal , violent and artificial . It is perswaded in the act , and convinced of the evil in the habit or reflex act , and is no otherwise deceived , then a man is blinde that wears a hood upon his eye . 2. If the Conscience be possessed with a damnable error , and in a great matter , and this possession is a dereliction 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 abomination ; 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 repentance . 3. If the Conscience be abused in a deduction , consequence , or less certain proposition , 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 unavoidable , yet the sin is antecedent to the action and determination , but no proper 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 obliged according to what we finde it to be in Conscience . For in this case we know not what it is in it self , 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 opinion and conscience . 4. If the Conscience be weakly and innocently misguided , 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 . Upon the ground of these Conclusions we may easily inferre , 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 in nervis testiculorum Leviathan ( as S. Gregories expression is out of Job ) 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 dilemma , and never is impossible so long as the man is in a state and possibility of repentance . Because 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 ignorant , or properly entertain this opinion , that it is a sin to love God ; that rebellion 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 . But when the error is in such cases where either it is invincible and irremediable , or where weakness pleads excuse , the action is in that degree innocent in which the error is unavoidable . 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 intrinsecally evil , and then God and not man were the Author of the sin . The summe is this . God is Supreme , and Conscience is his Vicegerent and Subordinate . Now it is a certain , that the Law of an inferiour cannot binde against the command of a Superiour when it is known . But when the Superiour communicates the notices of his will by that inferiour , 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 , according to the degree of its being culpable . RULE 4. It is greater sin to doe a good action against our Conscience , then to doe an evil action in obedience to it . THIS Rule concerns degrees onely , but is useful in the conducting some actions of repentance ; and it is to be understood to be true onely in equal cases , and when there is no circumstance aggravating one part . Frier Clement the Jacobine thinks erroneously , that it is lawful to kill his King. The poor Damoiselle Faucette 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 conscience 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 according 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 materials the case can no way be equal , because in one there is a greater light , a more ready grace , a perfect instruction , an evident provision , and open restraint , and a ready Commandement . But when the effect of the Questions are equal and not differenced by accidents , the rule is certain upon this reason : Because a sin done against knowledge , is greater then a sin done ignorantly . He that sins against his conscience , sins against all his knowledge in that particular . But if he sins against a Commandement , which he knows not to be such , he sins ignorantly , and therefore the more excusably . But I found mercy ( saith S. Paul ) for I did it ignorantly in unbeleef . Upon this account it comes to be the same kinde , and the same degree of crime to sin against an erring , and to sin against a right Conscience in the same instances . He that omits to hear Divine service on a Festival when he hath no reasonable impediment , and he who omits it upon a Common day , which he erroneously supposes to be a Festival , 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 extrinsecal to it . But this is to be understood in errors of fact , and such as are inculpable , and have no effect , and make no change in the will. 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 ; 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 Conscience teaching us righteous and true propositions , it is on the other side also very great to suffer our Conscience to be so misled , that a good action shall become criminal by such mistaking ; so that besides the departing from our Rule which is equal in both , they have their own superadded evil to weigh against each other . 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 . THE case is this ; Quintus Hortensius received a forg'd Will of Minutius from some Haeredipetae or Testamentary cheaters , 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 purchase , he grew infamous : It was innocent till he knew it , but then it was criminal . He should not have pleased himself in it , because he should have restor'd it . But in this there is no question . But when the possession or purchase may lawfully remain , there is some difference in the decision of the question . Spurinna striking a Stag , involuntarily 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 pleases 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 abstraction . 2. But concerning the act when it is discovered to have been evil , he is to have no other complacency , but because he did it ignorantly . He that suffers 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 Myl. Montaigne speaks of , who having suffered a rape by divers Souldiers , gave God thanks that without sin she had enjoyed pleasure , had a criminal joy , and delighted in the action , for the voluntary entertainment of which she onely wanted an excuse . 3. If we consider the whole conjunction of things together , 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 providence bringing good out of evil , and to fear lest a joy in the whole should entitle 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 . 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 destroy , we recal the sin from the transient action , and make it dwell with the possession , and then the first involuntary error becomes a chosen rapine . 5. If the action was onely materially , and therefore innocently , an error against a humane Law , and turns to our secular advantage , we are more at liberty to rejoyce and please our selves in the advantage . Because humane Laws make no action intrinsecally and essentially evil , but onely relatively and extrinsecally . 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 besides 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 . 6. In actions materially evil against the Divine Laws , if the event cannot be clearly separated from the irregularity , the first innocent error is by the after pleasure turned into a direct sin . Cneius Carbo lay with Laelia unwittingly , supposing her to be his wife Posthumia , 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 adulterous . 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 Carbo's case . RULE 6. An innocent , or invincibly erring Conscience is to be obeyed even against the known Commandement of our Superiours . AGainst this S. Bernard seems to argue earnestly ; Si tantopere vitanda sunt scandala parvulorum , quantò ampliùs praelatorum , quos sibi Deus coaequare quodammodo in utroque dignatur , dum sibimet imputat & illorum reverentiam & contemptum ? &c. 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 , despiseth 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 . To which discourse of S. Bernard , the following consideration may adde some moment ; and the discussing them , may give light to the inquiry . 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 . 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 . 4. But as he that submits his understanding to the obedience of Jesus , pleases God most , even when he does it in defiance of all arguments and temptations 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 . 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 preferre our own ; and therefore the Prophet pronounces woe to them who are wise in their own eyes . 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 . 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 . To this discourse I answer in short , 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 , He that compares the law of Conscience , with the law of the Superiour , compares the law of God and the law of man ; 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 Superiour or the Supreme be to be attended to ? The reason 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 conscience 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 inquiry 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 , It is to the Conscience all one as if the Law of God were really upon it , if it be thought it is . Idem est esse & apparere in this case , and therefore the erring 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 innocently and unavoidably , which it can never doe in the precepts of nature , and brightest revelation . But if the Conscience does erre vincibly , 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 error , 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 shewed in the explication of the former Rules . But according as the ignorance and error approaches towards pity , lessening or excusing , 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 foolishly 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 evident propositions an error is not onely malicious in the principle , but voluntary all the way ; and therefore may easily , and must certainly be laid aside in every period of determination . Whatsoever Cases are between these , partake of the extremes according to their proper reason and relation . RULE 7. The error of an abused Conscience ought to be reformed , sometimes by the command of the will , but ordinarily by a contrary reason . 1. IF the error did begin upon a probable reason , it cannot be reformed but by a reason seeming equal to it , because a less reason hath not naturally the same efficacy with a greater , 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 pleasure and profit , ambition and revenge , partiality and pride , chance or humor ; and how these principles 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 nature and of grace , that is , reason chang'd into a motive , and an instrument of perswasion from whatsoever inducing principle . 2. * Some have affirmed that the error of a conscience may fairly be deposed 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 perswaded 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 absolutely , but comparatively against reason . 3. If the reason on both sides seems equally probable , the will may determine 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 a right Conscience . 4. When the conscience is erroneous , and the error unreasonable , commenc'd wholly upon interest , trifling regards , or vicious principles , the error may be deposed honestly , though there be no reason thought of to the contrary , besides the discovery of the first abuse . The will in this case is enough . Volo servare animam meam , 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 it upon the stock of indignation , which in this case is a part of repentance . And this insinuates the reason of this discourse . For , Repentance is founded principally in the will , 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 . Eratosthenes comming amongst the Persian Magi , and observing their looser customes of marrying their sisters and their mothers , falls in love with his half sister Lampra 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 Magi , 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 mixture , 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 , which therefore here is no ill principle , because it leaves the error upon the stock of grace and repentance . 5. If the will entertained the error without any reason at all , as oftentimes it does , it knows not why ; she may also depose it honestly without any reason relating to the particular , upon this general , 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 Vertue nor Conscience till it be perswaded by something that is a fit inducement either in the general , or in the particular . RULE 8. The error of a Conscience is not always to be opened to the erring person by the Guides of souls , or any other charitable adviser . IF the error began with a sin , 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 recovered or rescued from it ; and no temporal advantage or disadvantage can be considerable in this case , which is the case of soul. An error that is vincible is all the way criminal and must not be permitted . 2. If the error be invincible and innocent or pitiable 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 Novatians 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 concerning 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 article grew as wary as the Novatians , 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 innocence of its principle , it was not to be conceal'd , but reprov'd and destroyed because it dwelt in sin . He that beleeves that 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 . 3. If the error be invincible , and the consequent of the perswasion be consistent with the state of grace , the error must be opened or not opened , according 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 intolerable , or a very great inconvenience . To this purpose Comitolus says it was determined by a Congregation of learned and prudent persons in answer to a strange and a rare case happening in Venice ; 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 beggers 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 married 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 business 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 endearment 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 children to their inheritance , and all under the protection of a harmless , though erring and mistaken conscience . 4. 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 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 prudence of a good and a wise man is to be his onely guide , and Gods glory his onely measure and the publick good , and the greater concernments of the interessed be chiefly regarded . CHAP. IV. Of the Probable or Thinking Conscience . 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 eligible . A Probable Conscience dwells so between the Sure and the Doubtful that it partakes something of both . For a sure Conscience may begin upon a probable inducement , but is made sure either by an assent to the Conclusion , stronger then the premises will inferre , or by a reflex act , or some other collateral hardness and adventitious confidence , and therefore the probable 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 differenced from this by the determination . For a doubtful conscience considers the probabilities on each side , and dares not choose , and cannot . But the probable 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 sure Conscience the Will works not at all , because it is wholly conducted by the understanding , and its proper motives . In the doubtful the Will cannot interpose by reason of fear and an uncertain spirit ; but in the probable it can intervene , not directly , but collaterally and indirectly , because the motives of the probable conscience are not always sufficient to make the conclusion without something of the Will applied to extrinsecal motives which reflect 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 speculation uncertain , yet it may be practically certain , that is , he that beleeves his opinion to be probable , 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 often stand still and suspend our act , but seldome doe any thing ; nay sometimes 〈…〉 act nor suspend , it being but probable that either is to be 〈…〉 sometimes it happens what Aristotle said , that false things are 〈…〉 then true , as it is to all them who are innocently and in● 〈…〉 ; and in this case , if probability were not a sufficient convicti●● 〈…〉 such persons could not honestly consent to truth . * For even 〈…〉 disagree in their sentences of truth and error , and after a great search , 〈◊〉 doe they discover one single truth unto just measures of confidence ; 〈◊〉 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 Cicero saith that the word Arbitror is verbum consideratissimum , & the old Romans were reserv'd and cautious in the decrees of Judges , and the forms of their oath began with arbitor although they gave testimony of things whereof they were eye witnesses ; and the words which their Praetors did use in their sentences , was fecisse videtur , or non videtur . He that observeth the winds shall not sow , and he that watcheth the clouds shall never reap ; which means , that if we start at every objection , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , That is well enough prov'd , that is prov'd according to the subject matter . 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , there is so much dissention and deception that things are good or bad not by themselves , but as they are in law ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He is well instructed who expects that manner of proof for things , which the nature of the things will bear , said Aristotle . 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 speculation onely probable . It hath two sorts of motives , intrinsecal and extrinsecal . That is reason , this is authority , and both of them have great considerations in order to practice , of which I am to give account in the following Rules . 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 perswasion . EVery probable argument hath in it something of perswasion and proof , 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 amasses together , and from every side gathers all that can give light and motion to 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 precept 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 designs , 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 circumstances , 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 inconvenience of the contrary . But from the obscurity and insufficiency of these particulars , 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 communicated from its principle , or material constitution ; and ten thousand millions of uncertains cannot make one certain . In this case the understanding comes not to any certainty by the energy of the motives and direct arguments of probability , 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 considerations , 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 precipice . Probable arguments and prudential motives are the great hinges of humane 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 probabilities , 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 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 concern 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 represented 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 sure , yet it is not so evident as the principles of Geometry ; and the Spirit of God effects his purposes 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 a moral demonstration , 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 faculties , 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 infallible 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 understanding are our sufficient conduct , and then we have this warrant , Brethren , if our hearts condemne us not , 〈◊〉 3. 21. then have we peace towards God. 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 , probabilities , were not instrumental to the service of God , and to the verification of all its just and proper productions . Probable arguments are like little starres , every one of which will be useless 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 haven . 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 . And next to these tapers of effective reason , 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 understanding thus reasoning , That it is not credible that this thing should have escaped 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 . This way of arguing some are pleased to call a moral demonstration , not that it can make a proposition clear and bright , and quit from clouds and obscurity , as a natural demonstration can , for I may in this case use Aristotles saying , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 infallibility 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 moral 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 equally , constantly , and perpetually by all wise men , and the understanding does regularly 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 . Of this I shall choose to give one instance , which as it is of the greatest concernment 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 the Religion of Jesus Christ , or The Christian Religion is from God ; 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 : 1. 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 ministred by this argument , so neither can it be useful and necessary . 2. In that way of arguing , 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 moral demonstration that can be supplied . 3. 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 beaten all . 4. The few little things that Atheistical persons prate against the holy Jesus and his most excellent Religion , are infinitely outweighed by the multitude 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 understanding , 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 , This instance and this way of argument may be of more use to those persons who cannot so dispute , 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 nequam ingeniosi 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 , Wisdome is justified of all her children . An instance of Moral demonstration , or a conjugation of probabilities , proving that the Religion of Jesus Christ is from God. THis discourse of all the disputables in the world , shall require the fewest things to be granted ; even nothing but what was evident , even nothing but the very subject of the Question , viz. 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 Rescripts 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 opposed by so much Art , and so much power that it might not grow , which filled 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 pens , and was the care and the question 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 accompanied 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 infinitely 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 : Certainly , this thing is so certain that it was , that the defenders of it need not account 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 concerning 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 . But now whether Jesus Christ was sent from God and delivered the Will of God , 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 correspondencies of their sayings to his person : he was described by infallible characterisms 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 appeared , 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 Chalcidius 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 Plato does affirm , and ) as the holy Scriptures deliver ; and this starre could be no secret ; It troubled all the Country ; It put Herod upon strange arts of security for his Kingdome , it effected a sad tragedy accidentally , for it occasioned the death of all the little Babes in the City , and voisinage of Bethlehem : 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 person , even to Joseph the supposed father of Jesus , 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 Isaiah [ A Virgin shall conceive a Son ] they who obstinately refused 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 nature , that a Virgin should conceive , so that it was on all hands undeniable , 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 mothers 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 Office declared to be the fore-runner of the holy Jesus ; and this also was foretold 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 Adam to the birth of Jesus was pointed at and hinted by all the Prophets , whose words in him passed perfectly 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 sojourner in Egypt , because the poor Babe born of an indigent Mother was a formidable 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 managed 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 excellent by his Father , and glorious by miraculous consignations , and illustrious by the ministery of heavenly spirits , and proclaimed to Mary and to Joseph 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 Gentiles by the three Wise men , to Herod 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 complaint , 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 admirable ; 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 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 , pointed 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 solemnity 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 Ezra , to the death of the Nation ; and that there was such a voice , not onely then , but divers 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 infinite , 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 credible 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 Moses received from the Jewish Nation ; so he did in the days of the Baptist , and so he did to Peter , James , and John , and so he did in the presence of the Pharisees 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 declare 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 once but always , and not onely always to some men , but always to all men ; 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 Thomas , to beleeve what we see or hear , and God should not at all govern upon earth unless he did continually come himself : 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 of men ; And it might as well be disbeleeved in all Courts and by all Princes , that this was not the letter of a Prince , or the act of a man , or the writing 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 strangers 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 prevailed 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 beleeved 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 prevail with them that beleeved their brother or their friend , as certainly as with them that beleeved their own ears and eyes . I need not speak of the vast numbers of miracles which he wrought ; miracles which were not more demonstrations of his power then of his mercy ; for they had nothing of pompousness and ostentation , but infinitely of charity and mercy , and that permanent and lasting and often : 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 young maiden , the widows son of Naim , and Lazarus , 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 , envious , 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 , & 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 Augustus Caesar , and the Devil to Jesus 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 Christians , whose Master and Lord he did assist to destroy himself ; and when we read that Porphyrius an Heathen , a professed enemy to Christianity , did say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that since Jesus was worshipped , the gods could help no man , that is , the gods which they worshipped ; the poor baffled enervated Daemons : He must either think that the Devils 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 Jesus . But besides that God gave testimony from heaven concerning him ; he also gave this testimony of himself to have come from God , because that he did Gods will ; 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 , unreproved 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 authority 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 reproof 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● , 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 ignorant , 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 conversation with God , he was obedient to Laws and subject to Princes , though he was the Prince of Judaea 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 Moses , 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 themselves 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 multitude 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 traditions , 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 articles against him by making truth to be his fault ; and his office to be his cr●me , and his open con●ession of what was asked him to be his article of condemnation , 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 Caesars name , against whom then they would pretend him to be an enemy , though in their charge they neither proved , nor indeed laid it against him , and yet to whatsoever they objected he made no return , but his silence and his innocence were remarkable and evident , without labour and reply , and needed no more argument then the Sun needs an advocate to prove that he is the brightest starre in the firmament . Well , 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 incomparable sweetness , and a patience exemplar to all ages of sufferers , he endured 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 become 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 Saviour 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 Heathen at that very time confessed , who yet saw nothing of this sad iniquity ) did suffer . The rocks did rend , the ve●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 Jerusalem 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 Prophecies 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 Christians , used as the most mighty demonstration , proclaimed , preached , talked of , even upbraided to the gainsayers , affirmed by eye-witnesses , perswaded 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 reasonable suspicion ; and at the end of those days was taken up into heaven in the sight of many of them , as Elias was in the presence of Elisha . Now he of whom all these things are true , 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 and attendance upon secular affairs that they might attend their Ministery ; poverty 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 considered . 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 inconsiderable , not fit to outweigh the danger and the loss , nor yet at all valuable 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 knowingly ? but after all , it is to be remembred , that as God hates lying , so he hates incredulity ; 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 arguments 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 . These things relate to the person of the holy Jesus , and prove sufficiently that it was extraordinary , that it was divine , that God was with him , 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 doctrine it self proves it self Divine and to come from God. For it is a Doctrine perfective of humane nature , 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 nature , 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 societies , 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 combines Governments , and confirms all good Laws , and makes peace , and opposes 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 heat and light , 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 reason of her self never knew , and after they are known , could never approve sufficiently : 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 simplicity , 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 probation but the reading the words . For that the words of Jesus are contained in the Gospels , 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 reasons , 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 notice , except some few of the later , which were first received by some Churches , 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 , appeals 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 extrinsecal 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 beleeved because they did Miracles , they wrote Prophecies , which are verified by 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 holiness and approaches to God describ'd ; obedience and conformity , mortification 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 religion , 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 . But then let us consider what this excellent person did effect , and with what instruments he brought so great things to pass . He was to put a period to the Rites of Moses , 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 Devil , 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 discourses of the world . But see what was to be taught , A Trinity in the Unity of the Godhead , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is the Christian Arithmetick , Three are one and one are three , so Lucian in his Philopatris , or some other derides the Christian Doctrine ; See their Philosophy , Ex nihilo nihil fit . No : Ex nihilo omnia , all things are made of nothing ; and a Man-God and a God-Man , the same person 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 delicious . It is so indeed , but not to flesh and blood , whose appetites it pretends to regulate or to destroy , to restrain or else to mortify : fasting and penance , and humility , loving our enemies , restitution of injuries , and self-denial , and taking up the Cross , and losing all our goods , and giving our life for Jesus : As the other was hard to beleeve , so this is as hard to doe . But for whom and under 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 splendor as far outshines the Romane Empire as the jewels of Cleopatra out-shined the swadling clothes of the Babe at Bethlehem . No it was not so neither . For all this was for Jesus 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 changes , to perswade so many propositions , to endear so great sufferings , to overcome so great enemies , to master so many impossibilities which this Doctrine and this Law from this Master were sure to meet withall . Here , 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 Enemy , but when God fights , three hundred men that lap like a dogge are sufficient ; 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 learning , without breeding ; these men were sent into the midst of a knowing and wise world to dispute with the most famous Philosophers of Greece , to out-wit all the learning of Athens , to out-preach all the Roman 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 Romane 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 courage , bl●nting their swords , teaching peace and unactiveness , and making the Souldiers arms in a manner useless , and untying their military girdle ; a Religion which contradicted their reasons of State , and erected new Judicatories , and made the Romane Courts to be silent and without causes ; a Religion that gave countenance to the poor and pitiful ( but in a time when riches were adored , & 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 proper force of such instruments ; for no man can 〈…〉 palm , nor govern wise Empires with Diagrams . It were impudence to send a footman to command Caesar to lay down his arms , to d●sband h●s legions and throw himself into Tyber , or keep a Tavern nex● to Pompeys 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 Xerxes 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 Daemons from their Tripods , their Navels , their Dens , their hollow Pipes , their Temples , and their Altars , that he made the Oracles silent , as Lucian , Porphyrie Celsus , , 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 prevail 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 visible and notorious : The Apostles were not learned , but the holy Jesus promised that he would send down wisdome from above , from the Father of spirits ; they had no power , but they should be invested with power from on high they were ignorant and timorous , but he would make them learned and confident , 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 immission 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●●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 publick 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 demonstration 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 became 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 Besaleel and Aholiab 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 , which God pitched , not man. Immediately upon this , the Apostles to make a fulness of demonstration and an undeniable conviction gave the spirit to others also , to Jews and Gentiles and to the men of Samaria , and they spake with Tongues and prophesied , then they preached to all Nations , and endured all persecutions , and cured all diseases , and raised the dead to life , and were brought before Tribunals , 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 John the Baptist , the Nazarens and Ebionites , Nicodemus and Joseph of Arimathea , Sergius the President , Dionysius an Athenian Judge , and Polycarpus , Justinus and Irenaus , Athenagoras and Origen , Tertullian and Clemens of Alexandria , 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. But above all these was Saul , a bold and a witty , a zealous and learned young man , who going with Letters to persecute the Christians of Damascus , 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 extraordinary for so sudden a change , so strange a labour , so frequent and incomparable sufferings : and therefore as he did and suffered so much upon such glorious 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 journey 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 present , a great , and a permanent change . But now it is no new wonder but a pursuance of the same conjugation of great and Divine things , 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 Asia immediately , it passed presently to Europe , and to the furthest Africans , 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 Countries came in to the Holy Crucifix , and he that was crucified in the reign of Tiberius , was in the time of Nero , even in Rome it self , and in Nero's family by many persons esteem'd for a God ; and it was upon publick record that he was so acknowledged ; and this was by a Christian , Justin Martyr , 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 , 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●ious , prisons were their houses , and so many kinds of tortures invented for them that Domitius Ulpianus hath spent seven Books in describing the variety of tortures the poor Christian was put to at his first appearing ▪ 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 greediness , they desired to be grinded in the teeth of Lions , and with joy they beheld the wheels and the bended trees , the racks and the gibbets , the fires and the burning irons , which were like the chair of Elias to them , instruments to carry them to heaven , into the bosome of their beloved Jesus . Who would not acknowledge the Divinity of this person , and the excellency 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 impious 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 Nazaren , 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 Judaea ? can we suppose 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 . Our blessed Lord while he was alive foretold that after his death his Religion should flourish more then when he was alive : 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 prophesied that the fact of Mary Magdalen 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 Jerusalem and the signs of its approach , and that it should be by Warre , and particularly after the manner of Prophets 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 generation , viz. 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. John should tarry upon the earth till his coming again , that is , to his coming to Judgement upon Jerusalem ; 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 the gates of hell should not be able to prevail against his Church ; 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 . But after our blessed Lord was entred into glory , the disciples also were Prophets ; Agabus foretold the dearth that was to be in the Romane Empire in the days of Claudius Caesar , and that S. Paul should be bound at Jerusalem ; S. Paul foretold the entring in of Hereticks into Asia after his departure ; and he and S. Peter and S. Jude and generally the rest of the Apostles had two great predictions , 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. John notoriously and plainly doe describe : And the other was , that although the Jewish Nation did m●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 Jerusalem and goe to Pella , 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 Catalysis did come , and swept away 1100000. of the Nation and from that day forward the Nation was broken in peeces with intolerable calamities , they are scattered over the face of the earth , and are a vagabond Nation , but yet like oyle in a vessel of wine , broken into bubbles but kept in their own circles , and they shall never 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 Country , 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 Isaiah and Jeremiah , and Malachi 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 external and corporal , ritual and at last made also local , when the circumstances are impossible , the Law that was wholly ceremonial and circumstantial must needs pass away , and when they have lost their Priesthood , they cannot retain the Law , as no man takes care to have his beard shaved when his head is off . And it is a wonder to consider how the anger of God is gone out upon that miserable people , 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●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 colour 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 ●ody ; while in the mean time the Christian 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 satisfied 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 reason , 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 therefore 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 . Amen . Now if against this vast heap of things any man shall but confront the pretences of any other Religion , and see how they fail both of reason and holiness , 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 dwelling , 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 , without Temple or Priest , without Sacrifice or Altar , without Urim or Thummim , 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 obligatory 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 persecution 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. But for the Heathen religions it is evidently to be seen , that they are nothing 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 their affairs . But the body of their Religion is nothing but little arts of Governments , 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●eries and impure mixtures , by such things which Cato was ashamed to see , by gluttonous eatings of flesh , and impious drinkings , and they did litare in humano sanguine , they sacrificed men and women and children to their D●mons , as is notorious in the rites of Bacchus Omesta amongst the Greeks , and of Jupiter , to whom a Greek and a Greekess , a Galatian and a Galatess were yearly offered ; in the answers of the Oracles to Calchas as appears in Homer and Virgil ; 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 impatient , drunken and sleepy , weary and wounded , that the Religions were made lasting by policy and force , by ignorance , and the force of custome , 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 nature 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 emotion 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 strike Princes for Justice ; 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 Mankinde by the imitation of his excellent goodness . Lastly , he that considers concerning the Religion and person of Mahomet , 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 sensual rewards and allures to compliance by bribing our basest lusts , that it conserves 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 article it perswades in the manner of prevailing , in the reward it offers it is unholy 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 Christianity , every one of whose pretences can be proved as well as the things themselves 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 commanded by God , and is that way by which he will be worshipped and honoured , and that there is no other name under heaven by which we can be saved , but onely by the name of the Lord Jesus . He that puts his soul upon this cannot perish neither can he be reproved who hath so much reason and argument 〈◊〉 his Religion . Sit anima mea cum Christianis ; I pray God my soul may be n●●bred amongst the Christians . THIS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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●●lish his Kingdom● , but to represent in order to the first in●ention , that a heap of probabilities may in some cases make a sure Conscience ; for as Ciecro says , Probable id est , 〈◊〉 habet in se quandam similitudinem , sive id falsum est , sive verum . For 〈◊〉 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●se persons . It was said of Bias in Diogenes Laertius , Orator summus & 〈◊〉 , sed in bonam causam dicendi vim omnem exercuit , he could speak excell●ntly , but then he spake best when he had an ill cause . This Lactantius 〈…〉 malitiam , 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● 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 perswade firmly , and upon it we may rest confidently . This onely I am to admonish , that our assent in these cases is not to be greater then the force of the premises , and therefore the Church of Rome 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●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 understanding . For to give a perfect assent to probable inducements can neither be reasonable nor possible for considering persons , unless these conditions be in it . The Requisites or Conditions of a Moral demonstration for the assuring our Conscience . 1. 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 in our youth and then we are concluded by some pretences and pretty ●span , ●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 determine 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●ve our assent unto it . 2. 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●●llible Judge is the most effective to this purpose , it is therefore to be presumed 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 , Nihil enim est tam incredibile quod non dicendo fiat probabile , said Cicero in his Paradoxes , there is nothing so incredible , but something 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 every man is a liar , and therefore we are commanded to call no man Master upon earth , and the nature of 〈◊〉 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●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 prete●ce is but a fallacy and an art of illusion . 3. There can be no moral demonstration against the word of God , or divi●e revelation . He that should flatter himself with thinking the pains of hell sh●l●not be eternal , because it is not agreeable to the goodness of God to inflict a never ceasing pain for a sudden and transient pleasure , and that there can be no proportion between finite and infinite , and yet God who is the foun●●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 torment ) ye● he would finde himself dece●ved , for all would be light when put into the ballance against these words of our blessed Saviour [ Where the worm never dies , and the fire never goeth out . ] 4. 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 honesty of its intention , the heartiness of its assent , the infirmity of the searcher , and the unavoidableness of his mistake . 5. 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one great axiom to rely upon , and that is , that God is just , and God is good , and requires no greater probation then he hath en●bled us to finde . 6. 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 victory , 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 practice , 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 . 7. Rules of prudence are never to be accepted against a rule of Logick , or Reason , and strict discourses . I remember that Bellarmine going to prove Purgatory from the words of our blessed Saviour , It shall not be forgiven him in this world , nor in the world to come ; 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 Logicians , 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 contradicts 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 declares , not prudence ; and besides that this conjecture of Bellarmine 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 forgiven , 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 expression is such as may with prudence be expounded , and yet to no such purpose as he dreams . For if I should say , Aristobulus 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 prudence of Bellarmine 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 because 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 contradicted by any thing surer then it self . RULE 3. Of two opinions equally probable , upon the account of their proper reasons , one may be safer then another . THat is more probable which hath fairer reasons , that is more safe that is furthest 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 always a proper ingredient in the question . The Abbat of Lerins hath the Patronage of some Ecclesiastical preferments in the neighbourhood ; He for affection 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 unworthy 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 , although in these cases it may be innocent , yet in no sense can it of it self be laudable . To which also in these cases it may be added , that on the safer side there is a physical , or natural and proper 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 . RULE . 4. An opinion that is speculatively probable , is not always practically the same . IN a right and sure conscience the speculative and the practical judgement are always united , as I have before * explicated ; but in opinions that are but probable the case is contrary . It is speculation probable , that it is lawful to baptize in the Name of the Lord Jesus ; but yet he that shall doe this practically , does improbably and unreasonably . 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 practice . For a ●peculation considers the nature of things abstractedly from circumstances physically or me●aphysically , and yet when it comes to be reduc'd to practice , what in the head was innocent will upon the hand become troublesome and criminal . If there were nothing in it but the disorder of the novelty 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 . For there are in actions besides the proper ingredients of their intrinsecal lawfulness or consonancy to reason , 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 probably 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 understanding , unless they disorder all things by a practical conclusion . Videas quosdam quibus sua libertas non videtur consistere , nisi per esum carnium die Ver●is in ejus possessionem venerint ; Calvin 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 indifferent , 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● a gentle Master . By the Laws of Christian liberty indifferent things are permitted to my choyce , and I am not under their power ; but no Christian liberty says that I am free from the power of a man , though I be from the power of the thing ; 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 upon . 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 . These instances are in the matter of Religion ; it may also happen thus 〈◊〉 the matter of justice . When Lamech perceiv'd something stirre in a bush it was very probable it was a wild beast ; but when he came to reduce his opinion 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 . 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 approximations may be lawful ; that is , those things so farre as they are considered have no dissonancy from reason : yet he that shall reduce this opinion to practice 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 circumstances 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 . But if it be ask'd , 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 lawful or unlawful , there are further inquiries to be made concerning fitting and unfitting , offensive , or complying , safe or dangerous , abstractedly or in relation ; for many things which are lawful in themselves become very bad to him that does them , and to him that suffers them . RULE 5. The greater probability destroys the less . THat is , it is not lawful directly to choose an opinion that seems less probable , before that which is more probable ; I say , directly ; for if the less probable be more safe , it becomes accidentally more eligible ; of which I have already * given account , and shall adde something afterward * . But without this accident , the degrees of safety are left to follow the degrees of probability . 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 safer , and to choose that which is less safe . For it is not in moral things as it is in natural ; 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 Phaedon may be wise , though he be not so wise as Plato : 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 apparencies , though in several degrees . So that if Sempronius choose a less probable , 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 Imprudently . 1. Unnaturally . 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 opinion 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 Aristotle ) 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 Conscience , but a production of the Will. 2. It is Unreasonable . 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 the less probable opinion , 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 probable conscience ? 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 excelled 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 disserv'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 sentence 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 chosen 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 will rather then by reason , or that the interest of souls is wholly inconsiderable . 3. It is also imprudent : 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 Rehoboam did , who rejected the wiser counsel of the Seniors , and chose the less likely sentence of the young Gallants , and does against the advice 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 . 4. 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 , besides the folly of it , is also criminal and malicious . This doctrine thus delivered was the opinion of the ancient Casuists , Angelus , Sylvester , Cordubensis , Cajetan , and some others ; but fiercely opposed by the later , who are bold and confident to say that their opinion is the common and more received , and it relies upon these reasons ; 1. 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 expose himself to a danger of sinning : but this pretence is nothing ; for by the consent of all sides it is lawful to follow the more probable though it be less safe ; and therefore all danger of sinning is not under pain of sin to be avoided . 2. The people are not tied to greater severity in their practices , 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 dissemination , whereas an error in practice , because it is singular and circumstantiate , is also personal and limited . But the Doctors may lawfully teach an opinion less probable if they be moved to it by the authority of some more eminent person . 3. It is confessed to be lawful to follow the opinion that is more probable , 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 more probable , we may follow that which is less , because it is more probable that we may . These Objections I answer : 1. 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 danger ; 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 besides , 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 proposition , 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 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 safest 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 . 2. To the second I answer , That both Doctors and the People , though they may safely follow the less probable opinion , yet they may never directly follow a less probable Conscience : that is , though a probable opinion is a sufficient guide of conscience , and it is sufficient both for publication and for practice 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 the better opinion , but the better conscience that is despised . It may happen that what I beleeve more probable , is indeed less ; and therefore it must be admitted to be safe 〈◊〉 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 certain 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 Shepherds 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 . 3. 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 . RULE 6. When two opinions seem equally probable , the last determination is to be made by accidents , circumstances , and collateral inducements . IN the matter of this Rule it is variously disputed ; some affirming that the Understanding must for ever remain suspended , and the action wholly omitted , as in the case of a doubting Conscience . * Others give leave to choose either part , as a man please , making the Will to determine the Understanding . The first cannot be true , 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 taking one peece of gold , and letting the other that is as good alone : and the action is determined by its own exercise , not by an antecedent reason . * But neither can it be in all cases and question that the determination can be totally omitted ; as if the question be whether this ought to be done , or ought to be let alone , and both of them seem equally probable ; so also if the question be whether it may be done or may 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 lawful , or unlawful , necessary , or not necessary , the equal probability cannot inferre a suspension or an equal non-compliance . But neither can the second be true ; for the Will must not alone be admitted 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 understanding to apply a general proposition to a particular case , and produce a practical judgement by that general measure without particular arguments in the question apportioned to the proper matter , as I before discoursed . But when the understanding is wholly at dispute about the proper arguments of two propositions , 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 . The third way therefore is this ; The determination may be made by any thing that can be added to either side in genere rationis . As the action that is prepar'd stands more ready for my circumstances ; that which does me less violence , that which is more proportionable to any of those events which in prudence are to me considerable . It is indifferent whether Paula Romana give her alms to the poor of Nicopolis , or to the poor dwelling near the Monastery of Bethlehem ; 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 probable conscience to become doubtful , and yet ( as much as may be ) to avoid the interposition of the Will in the practical judgements of Conscience . This Rule is to be enlarged with this addition ; That if the conscience by reason of the equal probability of two opinions so standing without any determining and deciding circumstances and accidents cannot decree on any side neither by intrinsecal nor extrinsecal means , that is , neither by proper arguments , 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 doubting conscience , which though as I shewed before , cannot happen when the question is general of lawful or unlawful , necessary , or unnecessary , yet it may happen 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 . In other cases a man may safely take any course which he finds probable , equally disputed , 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 interest it self have no foulness in it . But of all the external motives that can have influence in the determination of a sentence between two probabilities , a relation to piety is the greatest . He that chooses this because it is most pious , chooses his opinion out of consideration , 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 : 1. That the disposition to piety or charity be not made to contest an apparent 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. 2. If both the probabilities be backed and seconded by their proper relations 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 reasons , 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 presumptuous ; and another , because it is apt to make men hope , and never to despair , the ballance is equal , and must be turned by neither of these . Scotus and Durandus , Gabriel and Almain , Medina 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 . 3. 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 Anna 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 Joseph ; they who think that the second and third marriages are less perfect then the first , think it more pious to embrace the other opinions , viz. that Anna was married to none but Joachim , and that Joseph was onely married to the holy Virgin Mary : 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 , therefore this phantastick relation to piety is not weight enough to carry the question along with it . 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 , viz. if we take care ; 1. That we avoid every thing that we know to be a sin , whether it be reproached by its natural impurity and unreasonableness , or without any note of turpitude it be directly restrained by a Law. 2. That we fly every appearance of evil , or likeness of sin . 1 Thessal . 4. 22. 3. That we fly every occasion , or danger of sin . Matth. 26. 58 , 69 , 70. and 1 Cor. 7. 5. 4. That we avoid all society , or communication with sin , or giving countenance , and maintenance to it . By these measures and analogies if we limit our Cases of Conscience , we cannot be abused into danger and dishonour . RULE 7. It is not lawful to change our practical sentence about the same object , while the same probability remains . A Man may change his opinion as he sees cause , 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 no law , or vow , or duty , or the interest of a third 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 liberty is not to be prejudiced . This stating of the Rule does intimate the proper reasons of it , as appears in the following instances ; Juan a Priest of Messina 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 concluded 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 Rome . Baptista Colonna happened to be in Rome on the three and twentieth of August , which is usually the Eve of S. Bartholomew , 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 Rome 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 Rome to the Neighbourhood , and kept the feast of S. Bartholomew without the Eves . This is to elude the duty , and to run away from the severity of the Law , by trifling with the letter . If the Case be not complicated with a Law , yet it is often infolded with the interest of a third Person , and then is not to be changed , but remains invariable . Maevius promised to Sertorius to give him a servant , either Ephodius or Taranta , but resolves to give him Taranta ; immediately after the resolution Ephodius dies , and Maevius tels his friend he is disobliged , because he hath but one , and resolves not to part with Taranta , 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 reduced a caution against fraudulency in the matter of Vows . Vitellescus vows to fast upon the last of February , 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 disobliged ; and therefore he is to pay his commutation , because it was decree● 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 account 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 . Quest. BUT here also is to be inquired , Whether a man may to several persons , to serve distinct ends , in themselves lawful and honest , discourse of and perswade both the parts of a probability respectively ? Titius wooes Orestilla 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 Titius is to have no children , as being already well stored , and therefore is disswaded by them that have power over him , not to marry Orestilla . He to answer their importunity tells them , it is very likely Orestilla 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 ? I answer , 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 ; yesterday this , and to morrow its contrary are alike , while in both or each of them his perswasion is hearty and sincere . 2. If Titius urges both parts severally , and yet remains actually perswaded but of one of them , he may urge them as probable in themselves , disputable , and of indifferent argument and inducement , for so they are . But , 3. He must not imprint them by the efficacy of his own authority and opinion , 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 . RULE 8. An opinion relying upon very slender probability is not to be followed , except in the cases of great necessity , or great charity . THAT it is not ordinarily to be followed is therefore certain , 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 lawful 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 excused 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 indices of sins , and teach men what they pretend against , and there shall be no such thing as checks of Conscience , because few men 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 conscience 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 fallacies . 2. But that there are some cases in which it is to be permitted is therefore certain , 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 . Anna Murrana was married to her near kinsman Thomaso Grillo , 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 Grillo'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 Murrana's Mother , and that her Mother was also deceived in the same manner ; and though they thought they enjoyed each other , yet they were both cozened into more chast embraces . Now upon this the question arises , whether or no Murrana 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 . Murrana is passionately endeared to Grillo , 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●on , and for the sad separation . This therefore is to be presumed security enough for her to continue in her state . Like to this is that of a woman in Brescia . Her husband had been contracted to a woman of Panormo , Per verba de praesenti ; 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 Brescia , 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 Malta , and therefore that her self liv'd in a state of adultery , because not she , but the woman in Malta 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 Malta , 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 beleeved , 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 discover the impediment of their marriage , and that it is now taken away , and therefore 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 probability of opinion which says , that the consent of one is sufficient for the renovation of the contract . And in this case all the former inconveniences mentioned 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●th . So that although this case hath but few degrees of probability 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 account . One case more happens in which a small probability may be pursued , viz. when the understanding hath not time to consider deeply , and handle the question 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 involuntary and unchosen . These Rules are concerning a Conscience that is probable by intrinsecal motives , that is , by reason , whether the reason be direct or collateral . But because the conscience is also probably moved in very many cases , by Authority , which is an extrinsecal motive , this is also to be guided and conducted . RULE 9. Multitude of Authors is not ever the most probable inducement , nor doth it in all cases make a safe and probable Conscience . FOllowing a multitude is sometimes like the grazing or running of an heard , Non quo cundum est , sed quo itur , not where men ought but where they use to goe : and therefore Justinian in compiling of the body of the Romane Laws , took that which was most reasonable , not that which was most followed ; Sed neque ex multitudine Authorum quod melius & aequius est judicabile : cùm possit unius forsan , & deterioris sententia multos & majores aliqua in parte superare . The sentence of one , and of a meaner man may sometimes outweigh the sayings of a multitude of greater persons . Nam testibus se , non testimoniis crediturum rescripsit Imperator . Sometimes one witness is better then twenty testimonies ; that is , one man , good and pious , prudent and disinteress'd , can give a surer sentence then many men more crafty , and less honest . And in the Nicene Council when the Bishops were purposing to dissolve the Priests marriages , Paphnutius 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 : 1. When against the common opinion there is a strong , 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 reason : and therefore Socrates said , Veritatem in disputando , non ex teste aliquo , sed ex argumento esse ponderandam ; 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 . Tantum opinio praejudicata poterat , ut etiam sine ratione valeret authoritas , said Cicero . And this is to be extended to all sorts of Authors that are not Canonical , or Divine . Meum propositum est antiquos legere , probare singula , retinere quae bona sunt , & à fide Ecclesiae Catholicae non recedere , said S. Hierom. 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 professes . And at another time when himself ask'd leave , in discourse with S. Austin , Patiaris me cum talibus errare , 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 . 2. When the multitude of Doctors are reducible to a single , or an inconsiderable principle and beginning . Thus an opinion entertained by a whole family and order of Clerks , while they either generally doe follow , or think themselves 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 Papias ; the condemning unbaptized infants , in S. Austin , or S. Ambrose ; 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●● are to be weighed , not their authority . 3. When it is notorious that there is , or may be a deception in that number , 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 Calvin and Beza where they doe prevail : and yet no man that lives under them hath warrant to rely upon their authority in this question , 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 . 4. But when these cautions are provided for , 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 in their proper faculty , that what they teach is good and innocent , and we may proceed to action accordingly . It can never make a Conscience sure , but it may be innocent , because it is probable ; but he that relies upon authority alone is governed by chance . Because , if the more be against him , he is prejudic'd by multitude ; if the fewer be against him , yet they may be the wisest : and whether 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 follow 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 Venice 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 . Julius Clarius says that it is the common opinion , that though there be such a Law , yet that it is unlawful to doe it . It is commonly 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 opinion 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 Banditi . 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 Tertullians time , that the souls departed are in outer Courts expecting the revelation of the day of the Lord ; in the time of P. Leo , and Venerable Bede , and after , it was a common opinion that they were taken into the inner Courts of heaven . * Sometimes the place diversifies the opinion . In Germany and France , the Romanists worship the Cross with a religious worship of the lowest kinde of their own distinction ; but in Spain they worship it with that which they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , The best ; and it is certain I cannot judge of those with whom I doe not converse . For these and many other concurrent causes , 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 under 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Conform your self to the Laws of the People with whom you must abide . This is the most proper way to conduct the ignorant in their cases of conscience in which themselves have no skill . They must beleeve one , and if they have a better way to proceed , let them pursue it : if they have not , this is certainly 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 bonâ fide they fall into heresy , and are honestly betrayed . This onely is to be added : They must make it as good as they can by inquiry ( according to their circumstances , opportunities , and possibilities ) and by prayers , and by innocent and honest purposes , for these onely will secure our way , by means of Gods 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 Hesiod , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He is the best and wisest man who in himself knows what he ought to doe , discerning 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 being able to advise or determine himself , refuses to be conducted by others . Here onely are the evils to be complained of . In some places there are a great many articles put into their publick confessions , 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 advantage ; 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 teach for doctrines the Commandements of men ; and there are very many sects of men , and confident 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 Doctors is the guide that men choose ( as they list ) to follow● 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 . Quest. HEre therefore is to be inquired , How shall the ignorant and vulgar people proceed in such cases where their Teachers are divided ? 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 the safest , or the most pious , the most charitable , and the most useful ; that so by collateral considerations they may determine that which by the authority seems equal and indeterminable . The collateral considerations are commonly these : 1. That which is more agreeable to the letter of Scripture . 2. That which does most agree with the purpose and design of it . 3. That which Saints have practised . 4. That which whole Nations have approved . 5. That which is agreeable to common life . 6. That which is best for the publick . 7. That which is most for the glory of God , for the reputation of his Name , and agreeing with his attributes . 8. That which is more holy . 9. That which gives least confidence to sin and sinners . 10. That which is most charitable to others . 11. That which will give least offence . 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 . 2. The authority of one man wise and good , 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 contrary . 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 considered , or answered deliberately ; for if his guide vomit out answers , it is better 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 impiety , 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 certain 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 for us , and no reason against us ; that is , it is to be used onely when it is the best , but not when it is the worst . 3. But if divers men equally wise and good speak variously in the question , 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 proper advantages of the man , that is , learning and piety ; and next to them succeed the accidental advantages of the man , that is , his authority and legal preheminence . 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 perswasion direct and indirect . 4. Where it can certainly be told that it is the more common , there the community of the opinion hath the advantage , and is in the same circumstances 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Euripides , it is good when good things are attested by many witnesses . O 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Aristotle , 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 reason before the sayings of others . 3. Many before few . 4. A few before one . 5. Our superiours , or persons in just authority over us , before private persons , caeteris paribus . 6. Our own before strangers . 7. Wise men before the ignorant . 8. The godly and well meaning , 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 ; That in this case it is not necessary that truth should be found , but it is highly necessary it should be searched for . It may be it cannot be hit , but it must be aymed at . And therefore they ( who are concerned ) are not to be troubled and amazed at the variety of opinions that are in the world ; There must be heresies , that is , sects are differing opinions , that they who are faithful may be approved . Now they can be approved in nothing but what is in their power , that is , diligence to inquire , and honesty 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 . There is but one thing more that concerns his duty , and that is , 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 . Whoever blows a trumpet , 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 schisme or rebellion , or disobedience , or heresy in the subject matter , it is in the very form 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 . Although this is the best , and therefore a sufficient advice for the ignorant , yet for the learned and the wise , there are other considerations to be added . 1. They who are to teach others may not rely upon single testimonies , or the slight probability of one Doctors opinion . This is true ordinarily and regularly , because such persons are supposed more at leisure , more instructed , better able to inquire , and to rely finally upon such single and weak supports , is to doe the work of the Lord negligently . 2. If the opinion be probable upon the account of a more general reception , 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 especially attend to one thing , some to another ; and where men have best considered , 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 instances may ordinarily be relied upon without danger and inconvenience . 3. But if it happens that by circumstances and accidents the particular question be drawn out into a new inquiry ; 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 . 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 . 2. Because the duty of Teachers is by this accident determined to this speciall 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 upon , can no other ways give answer to them that ask . It was the universal doctrine of the Church of God for many ages , even for fourteen Centuries of years , that Episcopacy is of Divine , or Apostolical institution : It was a sufficient warranty 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 , they may render a reason of the hope that is in them , and may be able both to exhort and to convince the gain-sayers ; who because they expresly decline the authority , and the weight of testimony , cannot be convinced but by reason , and the way of their own proceeding . 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 prudence , and according to the subject matter . ANcient Writers are more venerable : Modern Writers are more knowing : They might be better Witnesses , but these are better Judges . Antiquity did teach the Millenary opinion , and that Infants were to be communicated ; that without baptism they were damn'd to the flames of hell ; that Angels are corporeal ; that the souls of Saints did not see God before Doomesday ; that sins once pardoned did return again upon case of relapse ; that persons baptized by hereticks were to be re-baptized , and they expounded Scripture in places 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 rather to be followed then their Successors . They liv'd in the infancy of Christianity , 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 piety : we are highly to be reproved , that in better discourses we have a most imperfect 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 Ancient Divines and Lawyers , 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 modern Casuists indeed doe often reprove the whole process , and condemne the Gamesters in most circumstances , 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 Frier 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 therefore it often happens that though we call the ancient Writers , Fathers , yet we use them like children , and think our selves Men rather then them , which is affirmed by some , but in effect practised by every man when he pleases . But if any one shall choose the later Writers , he must first choose his interest and his side ; 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 presumed or known to rely upon reason . Now in this both the Ancients and the Moderns excel each other respectively . 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 fighting , 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 irriguous , and the Church was then a garden of the fairest flowers , it did daily germinate with blessings from heaven , and Saints sprung up , and one Saint could know more of the secrets of Christs Kingdom , the mysteriousnesses of godly wisdome then a hundred disputing Sophisters ; and above all , the Church of Rome was then holy and Orthodox , humble and charitable , her authority dwelt in the house of its birth , that is , in the advantages of an excellent faith and an holy life ; to which the advantages of an accidental authority being added by 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 . But then on the other side , the modern Writers 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 knowledge , or remanded into the lot and portion of deceptions . Omnibus enim hic locus feliciter se dedit , & qui praecesserunt non praeripuisse mihi videntur quae dici poterant , sed aperuisse . Conditio optima ultimi est , said Seneca . 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 . 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 . They who went before us have done wisely and well in their generations , but they have not done all ; much work remains behinde , 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 : Multa dies , variúsque labor mutabilis aevi Retulit in melius — 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 , Venimus ad summum fortunae , pingimus atque Psallimus , & luctamur Achivis doctiùs unct is . The Romanes out did the Greeks , even in things which they were taught in Athens , 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 although the Primitive pie●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 questions 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 , sagaciores in dogmate , nequiores in fide , and if they could be abstracted from the mixtures of interest , and the ingagement of their party , they are in many things better able to teach the people then the Ancients : That is , they are best able to guide , but not always safest to be followed . If all circumstances were equal , that is , if the later ages were united , and governed , and dis●interest , there is no question 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 commonly cozened . If a man will take the middle ages , he may if he will , and that is all that can be said in it ; for there can be no reason for it , but much against it . Ego sanè veteres veneror , & tantis Nominibus semper assurgo . Verùm inter externa aetatem esse scio , omniáque non esse apud Majores meliora . I for my part doe more reverence the Ancients , and use to rise up and bow my head to such reverend names , as S. Irenaeus , S. Cyprian , Origen , S. Hierome , S. Austin ; but I reckon age 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 . Quòd si tam Graecis novitas invisa fuisset Quàm est nobis , quid nunc esset vetus , aut quid haberet Quod legeret , tererétque vicissim publicus usus . 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 Martial said of friendships , we may say of truths : Nec me , quòd novus sum tibi , recuses : Omnes hoc veteres tui sodales fuerunt . Tu tantùm inspice qui novus paratur An possit fieri vetus sodalis . 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 . 1. The analogy of faith . 2. The piety of a proposition . 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 already advised . 4. The faculty and profession of men is much to be regarded , as that we trust Divines in matters proper to their cognisance , and Lawyers in their faculty ; which advice is to be conducted by these measures . When the Authority of Divines is to be preferred , when that of Lawyers . 1. The whole duty of a Christian consists in the laws of Faith or Religion , of Sobriety , and of Justice ; 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 personal , and some are relative , some are private , and some are publick ; 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 contemplative men can give best assistances , and the men of the world , and business can give best help in the other necessities . Now because Divines are therefore in many degrees separate from an active life , that they may with leisure attend to the conduct of things spiritual , and are chosen as the Ministers of mercy , and the great reconcilers of the world , and therefore are forbidden to intermeddle in questions of blood : and because the affairs of the world in many instances are so intangled , so unconducing 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 rescued 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 attendance of one whole sort of men , and of all men in the world Divines 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 justice ordinarily and regularly Lawyers are the most competent Judges : In matters of Religion and Sobriety , the office of Divines is so wholly or principally imployed , that it ought to be chosen for our guide . 2. In matters of Justice which are to be conducted by general Rules , Theology is the best Conductress ; and the Lawyers skill is but subservient and ministring . 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 customes , by the sentences and agreements of men , therefore they must slip from the hands of the spiritual man to the prudent and secular . The Divine can condemne all injustice , murder , incest , injurious dealing ; but whether all homicide be murder , all marriage of kindred be incest , or taking that which another man possesses be injustice , must be determined by Laws , and the learned in them ; and though Divines 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 . 3. But justice is like a knife , and hath a back and an edge , and there is a letter and a spirit in all Laws , and justice is self is to be conducted with piety , and there are modalities , and measures , and manners of doing or suffering in humane entercourses ; and many things are just which are not necessary , 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 ordo ad animam , and justice is to be done for Gods sake , 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 prudence sometimes must be called to counsel in the conduct of piety , so must piety oftentimes lead in justice , and justice it self must be sanctified by the word of God and prayer , and will then goe on towards heaven , when both Robes like Paranymphs attending a Virgin in the solemnities of her marriage , help to lead and to adorn her . 4. Sometimes Humane Laws and Divine stand face to face and oppose each other , 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 consistent with Religion . The Church is poor , our Parents are necessitous , the fabricks of the Houses of Prayer are ruinous , and we are not able to make supplies to all these ; Here what is just , and what is duty , not the Law , but Theology will determine . I owe Sempronius a small summe of money ; it happens that he comes to demand it when the gatherers of Gabels are present to demand an equal summe for Taxes ; here I am to ask my Confessor , 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 interest : Concerning which for the present , I onely insert this Caution ; That when Religion and Justice are in contest , the Ministers of Religion are not always 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 , Theology must conduct her into action . 5. When the question concerns an interest , 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 Rome , where the Canonists say , That a Canon Lawyer is to be preferr'd before a Divine in elections to Bishopricks ; but you must think , the Divines say that themselves are farre the fitter . The Canonists say that Praedial tithes are due by Divine right . The Divines say they are onely due by positive constitution . The secret of that is , because most of the Divines that write books are Monks and Friers , and such which are no friends to Parishes , that the Pope may be allowed to have power to take tithes from the Parish Priests , and give them to the Monasteries ; 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 considered , that though the authority of either part is not of it self sufficient to determine a doubting person , and where interest is apparent , the person perswading loses much of his authority , yet the proposition it self ought not to lose any thing . The interest appearing is no more warrant to disbeleeve the proposition , 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 Divines , I am to beleeve them rather then the Lawyers 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 proposition . 6. Where by the favour of Princes or Common-wealths any matters of Justice are reserved to Ecclesiastical cognisance , in those affairs the authority of Divines is to be preferr'd before that of Lawyers , because the personal capacities of the men being equal in all things , the Divines are exercised in the same matters , and therefore are both concern'd and able , instructed and engaged , and though the Lawyers are to be supposed honest , and just , and wise , yet all that also is to be supposed in Divines , with some advantages of Religion , 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 Socrates , An placeant Deo quae feci , nescio ; hoc certò scio , me sedulò hoc egisse ut placerent . 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 . If the question be concerning other divisions of men , as of Schoolmen and Casuists , Criticks or Preachers , 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 praelation 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 perswading the same truth is different . But in the Church of Rome 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 feathers or wooll ; they both of them have their excellencies in order to warmth , and yet if you offer to swallow them down , they will infallibly choke you . 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 . THE Curate of S. Martin being sent for to doe his last offices to a dying man , finds him speechless , but yet giving signs of his penitence , as beating his breasts , weeping and groaning , holding up his hands , and looking pitifully , and in a penitent posture : The Curate having read it , disputed whether 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 probable ; 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 process , 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 is more to him then ten watchmen that keep a city . In answer to this , it is to be considered there is a double consent to a proposition , the one is direct , the other a reflex ; the first is directly terminated upon the honesty or dishonesty of the object , the other upon the manner of it , and modality . 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 probable ; If he were fully perswaded of the article as a thing certain , or as necessary ( though of it self it be not so ) or if he thinks it is not to be altered , then to doe against his opinion were to doe against his conscience , because the opinion were pass'd the region of speculation , and ineffective notion , and is become a rule and immediate measure of action . But because he beleeves it onely probable , that is such , in which he is not certain ; but may be deceived , and may use liberty , he may as well choose that part of the probability 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 opinion is well enough concerning the honesty of the object , but yet he that chooses the other part may make an honest election ; for his own opinion reflecting upon it self , not going beyond the stage of uncertainty and probability does openly challenge its own right of choosing another part ; the conscience is no ways intangled 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 abstracted question . For he may prudently suppose that in what he is not certainly perswaded , 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 opinion and part of the probability ; 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 honest unbiassed sentence , and hath no reason to trust himself in matters of proper interest or relation . This Rule hath no other variety in it but that it be managed by these Cautions . 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 . 2. That relying on others proceed not out of idleness , and impatience to inquire our selves . 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 opinion of my self , and great opinion of the other . 4. That it be onely against his own probable perswasion so known , so considered , not against a sure conscience ; 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 imprudence to take a guide to direct the conscience in what it is not sufficiently instructed by its own provisions . If the entercourse happen between the superior and the inferior , the liberty 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 against the conscience of obedience ; and if it be lawful to obey , it is necessary to obey . Hoc amo quod possum quâlibet vire viâ , 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 probable , that is , conformable to reason , 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 authority ; for in equal probabilities , it is likely if I choose one part , I am determined 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 outweigh 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 vanity 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 present perswasion are confessed to be but little , because they neither perswade , nor abuse beyond a probability ; and therefore in this case to out-face authority , is without pretence , as much as it is without warrant . And this is affirmed by S. Austin in the case of Souldiers under a King , taking pay in a cause which either is just , or that they are not sure it is unjust . 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 . But if the entercourse happen between a Physitian and a Patient , 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 Pliny made of Physicians in his time , Discunt periculis nostris , & experientiam per mortes agunt , medicóque tantùm occidisse impunitas summa est . It is hard that a Physician should grow wiser at no cheaper rate then the deaths of many Patients . Now to doe the thing directly 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. 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 . 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 another , though both the authority be less then that which binds , and the argument less then that which is certain . 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 according to the subject matter , and other circumstances he may . SAint Paul remarks the folly of such men who heap up Teachers of their own , 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 , cannot ordinarily be the more secure for the opinion of his guide , because the intrinsick motive of his assent is not his guide , but his own purposes and predisposing 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 phantastick peace , but no moment to the honesty of the perswasion or conscience , because the conscience was not ready to rely upon the authority , but resolved to goe somewhere else for an authority , if here it could not be had : and therefore the conscience could not be made probable by the authority , because the resolution of the conscience was antecedent to it . This is true ordinarily and regularly , and there are usually many appendant deceptions ; as an impatient desire to have that true which I desire , a willingness to be deceived , a resolution 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 conscience , 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 . 1. When the inquirer hath very probable inducements for his opinion , and remains really unsatisfied in the answers and accounts of the first Doctors . 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 entertained . 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 extrinsecal argument , the authority of a wise man. 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 . 5. When the case is favourable and apt for pity and releef , as in the dangers 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 . 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 determination from him whom he chooses for his opinion sake , and conformity to his own pious intentions . The reason of these exceptions is this : Because the matter being just , favourable , 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 tendencies 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 . RULE 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 and more safe , or more expedient and favourable . THE reason is , because he that holds an opinion which himself beleeves onely to be probable , knows also there is no necessity in counselling it to another , because it is not certainly true ; and ●he may rather counsel the contrary to another then follow it himself , because himself is already determined , which the other is not , but is indifferent . But why he should rather doe so then counsel his own opinion , 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 circumstances and necessities . Codrus 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 Codrus is poor , or apt to break the bridle of Religion if it holds him too hard , he may counsel him according 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 charity , 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 determination . 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 institution in the world . The like case it is , 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 . RULE 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 according to the conscience of the penitent . THat is , supposing the opinion of the penitent to be probable , and that he did the action bonâ fide , and as an act commendable , or permitted ; 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 afflictions 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 . But if the opinion of the penitent be certainly false , or the parent , or protector , or the occasion 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 error is always vincible , and therefore intolerable : and therefore Lombard's Mother upon her death-bed was admonished to confess her sin in having three children 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 . 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 otherwise undeterminable . SIcut vir prudens eam definierit , is the great measure which Aristotle 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 sicut vir prudens definierit , 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 Maries devotion and choice in so doing , but when we also may doe one or the other , depends upon circumstances and accidents which are not immediately the subject of Laws , but of prudent consideration . * Humane Laws binde the conscience 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●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 introducing 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 . There are many other Rules concerning the exercise of a probable Conscience , 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 consideration , except what meerly relates to the matter . CHAP. V. Of a doubtful Conscience . RULE 1. A doubtful Conscience assents to neither side of the question , and brings no direct obligation . THE Conscience being in its proper operations positive and practical ; when it is neither , it is not properly and directly conscience ; and because it binds to obedience by its determination 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 . But upon this there is onely a reflex act of Conscience and Understanding ; for by considering that our conscience is doubtful , and indeterminable , we are obliged to suspend our action ; but then this is the act , not of a doubtful , but of a right conscience , because in this we are certain , and right , and determined : so that a doubtful conscience is but an aequivocal and improper conscicence ; 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 doubtful conscience can be no rule of humane actions . But yet some collateral and indirect obligations are pass'd upon the man by that state of infelicity , according to the nature of the doubt . In order to which , doubts are considered , either as relating to the Law , or as relating to matters of fact , viz. whether such a thing be lawful or not ? or whether I did such an action or no , by which I am bound to restitution or repentance ? Doubts also are Negative , or Positive , that is , they are still upon us because 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 Negative doubt . The Positive enters by the indifferency of the arguments , 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 ? whether Residence on a Benefice be an indispensable precept , or in what cases it obliges not ? whether Ecclesiastical persons be bound by justice or by charity to give all that they can prudently spare to the poor ? These are positive doubts , because there are many arguments on eithe side . The Negative doubt is either Metaphysical or Moral , or it is onely a Suspicion ; that is , these are several degrees of such a doubt , for the determination of which there is no sufficient instrument . Lastly , sometimes a doubt is placed onely in the understanding , 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 a speculative doubt . Sometimes this doubt passes on to the conscience , 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 a practical doubt . According to these distinctions the following Rules are useful in order to practice . RULE 2. A negative doubt neither binds to action , nor inquiry , nor repentance ; but it binds onely to caution and observance . 1. THat it binds not to action ] I affirm upon the same ground , by which the same is affirmed concerning all doubting consciences . It binds from action ; for whatsoever is done with a doubting conscience ( that is , without faith , or fulness of perswasion that it is lawful to doe it ) is a sin . S. Paul gave us the Rule , Whatsoever is not of faith is sin . Quod dubitas nè feceris , said Cicero . For if we doe it with a doubting conscience , we doe it without our Rule , which is the dictate of our conscience , and since no action is indifferent between lawful and unlawful ( 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 permitted , and therefore is unlawful . Adde to this , 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 consent 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 whether 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 . 2. It binds not to inquiry ] because there is no competent means to finde out a resolution ; for that is the state of the Question , that is the definition of a Negative doubt . Fabiola 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 doubt is not negative ; yet of the state of childhood she cannot be obliged to make inquiry , because there was then no Law , no Register , no Court kept , no judgement , no choice ; that is , she cannot be obliged to an effect that is impossible , and to an act that is to no purpose . 3. It binds not to repentance . ] In case she fears exceedingly , supposing this still to be a Negative doubt , that is , such a one , for the proper resolution of which there are no competent arguments or instruments . Fabiola not knowing whether she did or no , and it being impossible afterwards to finde it out , Fabiola i● not tied to ask forgiveness for the blasphemies of her childhood : For no obligation can come from what is not , or cannot be known . This is to be understood to be true of that sort of Negative doubt which it called Metaphysical , when there is no possibility of knowing ; as it is impossible 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 possibility 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 Scripture , 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 remember 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 . But there is a Negative doubt which is called Morally negative ; that is , when there is no way of being readily and clearly determined , but yet the doubt is founded upon some light conjecture , and no more . I was tempted , or I had an opportunity , or an evil thought came cross me , and I know my own infirmity ; 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 . I know not , my conscience does not accuse me , ( so S. Paul ) but I am not hereby justified ; God is greater then my conscience . But this , set the words of S. John , and they will determine the case : If our hearts condemne us not , then have we peace towards God ; that is , the doubt in this matter ought to be laid down , 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 peace is warranted by S. John , the wariness is exemplified in S. Paul. 4. It does binde to caution and observance . ] Every thing does so , where either there is a danger , or any is suspected , or any is possible , or any ever was : and therefore , for this there needs no peculiar reason , onely according to the approach of the negative doubt 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 imperfect kinde of imperfection , in suspicion , which is but the image of doubting . For there is yet another sort of doubting , which may be called a privative doubt . Titius is invited to eat with one of another communion . First he checks at it , but because he knows no reason against it , 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 ? Concerning which the case is evident , that whatsoever is not of faith is sin , 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 not a doubting conscience , but a probable , and therefore need not to abate the action . * But if this also turn into a doubt , the case is altered . For he that thinks he may not doe it , or doubts whether he may or no doe a thing for which he hath no command , or no positive and affirmative warrant , and that it is no sufficient reason or warrant for the doing it that he knows nothing against it , unless he also have something for it ; 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 proposition , That a thing is not to be done in such a case , which is the case of a privative doubt . But for the thing it self , the next Rule gives an account of it . RULE 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 . IT cannot of it self hinder ] that is , 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 defiance of it , that is , there being no intrinsecal disswasive , the conscience is onely left to be conducted or perswaded by the extrinsecal . For all actions are left indifferent till by a superinduced Law they are restrained ; which superinduced Law wants its publication , if inculpably 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 sudden , and violent , and careless , like the rushing of an horse into a battel without consideration ; but that we consider according to our strength , and to our time , whether there be any reasons for or against the act in question , and if we finde none , let us make none ; that is , let us not by our unreasonable and impertinent doubting place a snare for our own feet , there where none is placed by the prohibition . 2. If it be a matter that concerns the interest of another , let us always be the more wary , and remember , if there be nothing against it , there must be something for it , either in the matter , or in the manner , either in justice , or in charity , or at least by the securities of the safer part , by which , if we finde no reward , yet we are sure to finde indemnity . This whole advice is of great use in the circumstances of the duty that concerns the married pairs ; in which the Doctors of Cases of Conscience have spoken what they please , and in many things wholly by chance or fancy ; 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 . RULE 4. In doubts of Right , or Law , we are always bound to inquire ; but in doubts of fact not always . THE reason is , because ignorance of our duty is always a sin , and therefore when we are in a perceiv'd , discernable state of danger , he that refuses to inquire after his duty , does not desire to doe it . In matters of fact we are bound ordinarily to inquire , because we must not be ignorant of the state of our consciences , and what obligation ●here is to restitution , or repentance . which the more particular it is , the more perfect it is . But this I say , that though ordinarily 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 . 1. This happens in those that are weak-hearted , soft , and apt to every impression in too deep a regard . A Castilian Gentleman being newly recovered 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 arrows 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 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 better he should be permitted to a doubting then to a despairing conscience , as in his case it was too likely to have happened . It is better to be suspected then to be seen . 2. This also is so to be advised , 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 sorrow , he leaves to be cured of his hurt , but passes on to his voyage , which he finished 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 irregular , and a whole Parish unprovided for , and left without rites and Sacraments , and publick offices , which then and there could not easily be supplied . But in matters of right or duty inquiry must be made , ever , when the question is of the lawfulness or unlawfulness of what is to be done ; because we enter 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 good or bad . 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 : 1. When the question was probable on either side , 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 . Anthony a Gentleman of Parma being in love with Maria de Rupe , 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 perswasion was lawful , because done according to probable conscience : and therefore much less ought he to disturb the peace of his wife , whose perswasion remains the same as at first . What was not a sin at first , cannot in that individual act become a sin afterwards . 2. This is also to be understood , 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 ; sometimes restitution , but always repentance in particular . 3. This is also true when the fact that is past is not introductive of more and new instances ; 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 inquire ; the reason of this is , because this concerns the future , and all the world when they enter upon action must inquire anew when they have reason to doubt anew , 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 relates to a single and a past action , which was then lawful , and therefore will not afterwards be imputed . 4. When the person interested does of himself doubt whether the past act was lawful or not , 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 permitted in some cases , and with so many cautions and reservations as are before expressed . RULE 5. In doubts the safer part is to be chosen . WHen the Conscience is doubtful , neither part can be chosen till the doubt be laid down ; but to choose the safer part is an extrinsecal means instrumental to the deposition of the doubt , and changing the conscience from doubtful to probable . This Rule therefore does properly belong to the probable conscience : for that the conscience is positively doubtful is but accidental to the question and appendant to the person . For the reasons on either side make the conscience probable , 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 Philosophers call , Temperamentum ad pondus , 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 acquisite , or else a natural biass , or something of contingency that will determine him : and if the conscience remains undetermined , 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 doubtful is changed into a probable conscience , this discourse must relate to that conscience that is probable , though in compliance with the usual ways of speaking , I have placed it here . 1. The Rule therefore is to be understood to be good advice , but not necessary in all cases . For when the contrary opinion is the more probable , and this the more safe , to doe this is a prudent compliance , either with a timorous or with an ignorant conscience ; it is always an effect of piety , and a strong will to good , but very often an effect of a weak understanding , ; 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 so safe by pursuing that rule and guide that he hath given us , that is , the best reason , and the fairest inducement , as we may be by relying upon the sureness of the matter . 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 formalities and spiritual securities ( if we understood them ) as upon the material ; and it is as safe to rely upon the surer side of reason as upon the surer side of the thing . Now that which is the more probable hath the same advantage in constituting a conscience formally safe , as the other less probable but surer side hath for the making the conscience safe materially . 2. If the conscience be probable , and so evenly weighed that the determinanation on either side is difficult , 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 securer by its rule , let it be made safe by the material . 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 . 3. If to that which is the surer side there be a great inconvenience consequent , the avoiding of that inconvenience being laid on the opposite even part , will outweigh the consideration of the safety . Quintus Milo commands his servant Anfidius whom he had taken for the teaching Grammar and Rhetorick to his children , that he would learn the Trade of a Shoo-maker . Anfidius doubts whether his Master Q. Milo 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 Milo , the servant is not tied to follow that which is more safe , but that which is more charitable and prudent ; In dubiis juris tutior pars sequenda est , & obedire teneor , si commodè possim , was the rule : because the reason abstractedly considered makes the question safe on either side , as the determination happens ; and the avoiding an intolerable inconvenience is as considerable as the accidental security , and in many cases more complying with charity , because in a question in which the conscience is probable there is a great safety without taking in the advantage of a safe matter , by the proper efficacy and influence of the reason making a probable and an honest conscience ; but then when the safety is provided for fairly otherways , and for the most part sufficiently , and the inconvenience on the other side is not provided for ; in all such cases we must leave that which is materially sure , for the choice of that which in its formality is equally sure , and in its matter more charitable . 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 uncertain , and future , and arbitrary , but his need is certain , and present , and natural ; 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 extreme , but that he will sin is no way necessary , and hath in it no degrees of unavoidable necessity ; and above all , that if he abuses my releef to evil purposes which I intended not , it is his fault , not mine , but the question being concerding my duty not his , and that to releeve him is my duty and not his , and that therefore if I doe not releeve him , the sin is also mine and not his ; 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 . This also happens in the matter of justice very often . It is the surer side in many cases to restore , 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 interest 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 . 4. When the more probable is also the more safe , there is no question but the safer is to be chosen . For so , the conscience is made the more sure both materially and formally ; 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 direct reason , or the accidental safety . 5. Sometimes it happens that what is safe in one regard , is dangerous in another , and on each side of the probability there is a danger and a safety . Vittoria Columbina a Venetian Lady was married to five Magnifico's successively ; 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 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 : 1. When there are two securities to be provided for , one of the thing , and the other of the person ; that of the person is first to be provided for . It is the safer part of the question to determine on the side of chastity , or virginity , or widdowhood , but this may be the unsafer side to the person , who if he suffers temptation is to be provided for by that answer which gives him remedy and ease . 2. But if it happens that there is danger on either side to the person , 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 . 3. This is also to be understood in those cases when temporal life is offered in question against the danger of a sin . Michael Verinus a yong Gentleman of Spain , by reason of his living a single life was press'd with so great inconvenience that he fell into a lingring and dangerous sickness . The Physicians advise him to use his remedy , though he be not married , and being it was in order to his health , which was not else to be recovered , they presumed it lawful , 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 . Sola Venus potuit lento succurrere morbo , Nè se pollueret , malùit ille mori , In other things , the prudence of a guide must be his onely Rule . The summe is this : 1. If the doubt be equal and the danger equal , 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 . 2. If the doubt be unequal and the danger equal , 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 pasce fame morientem , si non pavisti , occidisti , said S. Ambrose , 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 . 3. If the danger be unequal , and the doubt equal , the resolution must be made in compliance with our safety . For there is nothing to weigh down in the doubt , yet there is something to weigh down in th●●●nger , and that is sufficient . 4. If the doubt be unequal , and the danger unequal , there we must take the least danger ▪ though on the least side of the probability , because there can no degree of sin be consented to ; and therefore when by our own fault or infelicity 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 . Maevius Caligarius a Roman Gentleman and newly converted to Christianity , observes that his friend Agricola was pursued by his enemies unto death , and was by them asked concerning 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 inclines 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 homicide . These are the cases in which the danger is on both sides . 5. But if there be danger on one side onely , and a doubt on both sides , 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 . RULE 6. It is lawful for the Conscience to proceed to action against a doubt that is meerly speculative . IN a sure Conscience the speculative and the practical are the same in certain consequence , as I have already proved in its own place ; but in a doubting Conscience the case is differing . For though it be ordinarily 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 because 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 certain and determined in the particular 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 whole kinde . But by a speculative doubt sometimes is meant not the general , but the question abstracted from circumstances ; and in this it sometimes happens that though the conscience doubt concerning the question , yet it does not doubt concerning the practice . Titius 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●● 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 . Mary of Rhemes the wife of a Souldier is told by his Captain that her husband was kill'd at the battel of Pavy ; after her year of mourning was expired she marries again to a Citizen of Rhemes , and cohabites with him two year ; after which she is told that her first husband escaped to Tarentum , 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 marriage , and this is not to be disturbed by a doubt , but by a certainty , especially since the doubt is but a speculative doubt , not a practical . For it is no good argument to say , I doubt whether this man be my husband or no , therefore if I consent to him I commit adultery ; for the presumption lying upon the possessor , though his title be dubious , yet his possession is not , and either of them both are to have a portion in the effect , and therefore the certain possession in a dubious title is to be preferred before a dubious title without possession , 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 antecedent is doubtful , therefore so is the consequent . Fo● as out of falshood truth may come , so out of doubts may come certainty . I see a great way off Father Grimaldi moving his lips ; I suppose he is disputing , whom yet I was told not to be alive . I argue thus : He disputes , therefore he is not dead . The consequent is certain , but the antecedent doubtful ; 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 doubt of the person whether or no she be my wife , yet I am certain , or I may be certain of this , that 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 . But if of this proposition also I doubt , the doubt is practical , and I may not doe it , till by some means the doubt be resolved or laid aside . But so long as it is a question speculative , the action may be determinate and lawful , and introduced upon many accounts . For the fuller manifestation of which secret , because it is of great concernment , 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 bonae fidei possessor , a possessor by a just faith , therefore he possesses it malâ fide , by an unjust : So neither does this follow , This man possesses it not with an evil faith , therefore he possesses it with a good faith . It does neither way follow negatively . 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 follows either way affirmatively . 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 cannot be the other , but it may happen that it may be neither good nor bad , for there is a medium or a third between good and bad faith or honesty of possession ; 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 another ; and that he who so doubts hath neither good nor bad faith is expressed by the gloss in l. 1. C. de acq . poss . gl . in l. 2. ff . pro solut . & gl . in l. 3. § . generalitèr ff . de acq . poss . The consequent of which is this , That because that he who so doubts is not bonae fidei possessor , therefore he cannot from thence begin to prescribe or to acquire a just title , because of the rule of the Law , Quod ab initio non valuit , progressu temporis valere non debet , 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 malae fidei possessor , therefore he may lawfully still retain the possession till the contrary be evicted . 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 just and reasonable , 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 growing title . Besides the reason , this sentence is confirm'd by the concurring testimonies of Bartolus , Imola , Sylvester , Felinus , Balbus , and Johannes Hannibal , under their titles de praescriptionibus & usucapionibus . There are some accidental hardnesses to the conscience which are innocent , and because besides the even measures of good and evil by lawful ▪ and unlawful , there are some paths chalked out to us by necessities , by conveniences , by presumptions , by securities , 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●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 . For , 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 certainty of evidence which they had ; but if they should not stick to their own conclusion in despight of all the objections , by a certainty of adhesion , 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 articles a presumptive assent to their propositions ; and if they be made to doubt in their understanding by the opposition of an adversary , they are not instantly to change their practice , but to inquire further . 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 collateral light , and he is defended from change by reputation , and custome , by fear of scandal , and the tie of Laws , and by many other indirect instruments of determination , which although they cannot out-wit the crntrary arguments , yet they ought to outweigh the doubt , and guide the will , and rule the conscience in such cases . There is nothing but a weak man may doubt of , but if he be well , he must not change his foot , till it be made certain to him that he is deceived ; let him consider 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 , 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 resisted sometimes by indirect ways of proceeding , and artifices of the spirit ; and sometimes men in sickness are afflicted with doubting and trembling consciences , but yet are supported onely with general remembrances , they consider 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 in all things , and the learned in most . 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 . EVery little reason is not sufficient to guide the will , or to make an honest or a probable Conscience , as I have proved in the foregoing Chapter * ; 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 counsel and to action ; for a doubt is a disease in conscience , like an irresolution in action , and is therefore to be removed at any just rate , and any excuse taken rather then have it permitted . For even to wash in Jordan may cure a leprosy , 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 a doubting conscience the immediate cure is not to choose right , that is the remedy in an erring conscience ; but when the disease or evil , is doubting , or suspension , the remedy is determination ; and to effect this , whatsoever is sufficient may be chosen and used . Every conscience that proceeds probably , proceeds honestly , unless by a greater probability it be engaged against the less ; now to make a conscience that is probable , yet even more probable , a little advantage is sufficient ; which is to be understood with these cautions : 1. When the doubt is equal and the danger alike on either side , then a smaller supersaetation of argument will doe the work , that is , cure the doubting ; 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 irresolution and trepidation ; it is not enough to out weigh any danger , but it can with the portion of the equal measures which stand on its own side , by its little weight cast the ballance . 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 , for then the superaddition that is made by him to any part of the doubt may be as wholly inconsiderable 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 traverse of the question , yet it is the worst remedy of the doubt , and an insufficient introduction of the probability . 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 confidence of his own little superadded impertinency . For indeed it is not good to have the sacredness of a conscience governed by weakness and contingency . 3. When the doubting person is inconstant , let him not speedily act what he lightly determines by the sudden intervening humor ; for he that changes quickly , judges lightly , but fancies strongly , and acts passionately , and repents speedily and often ; 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 remedy then in his sickness . In pursuance of this Rule it is to be taken care of that fear be not mistaken for doubt ; 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 unreasonable trouble , and an infinite nothing ; the doubt ought directly to be laid aside , for it is no way considerable , but onely that it is a considerable trouble . RULE 8. VVhen two precepts contrary to each other meet together about the same question , that is to be preferred which binds most . THIS Rule we learn from the eighth Councel of Toledo , Ubi periculi necessitas compulerit , id debemus resolvere quod minori nexu noscitur obligari . Quid autem ex his levius , quídve sit gravius , pietatis acumine investigemus . 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 Councel hath given a right answer , the evil that is least is to be chosen . Etenim dum perjurare compellimur , creatorem quidem offendimus , sed nos tantummodo maculamus . Cùm verò noxia promissa complemus , & Dei jussa superbè contemnimus , & proximis impiâ crudelitate nocemus , & nos ipsos crudeliori gladio trucidamus . He that having sworn to doe an evil turn breaks his oath , offends God by putting 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 himself with a worse . ] 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 Aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the less evil in respect of the greater evil is to be accounted good ; because the less evil is rather 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 . But it seems something harder to inquire concerning this case when it relates to others : for so it uses to be asked ; Quest. 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 ; Pollio an intemperate and wanton young man falls into adulteries and unnatural lusts ; his friend Publius Asinius advises him , not so , but if he will not leave his vileness , better it is to satisfy his lust by single fornication , and the less harmful complications : Et quas Euphrates , & quas mihi mittit Orontes Me capiant , nolo furta pudica thori . whether or no Publius 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 . To this answer , That in the whole entercourse there are to be considered the formal sin , the material part of the action , and the degrees of the obliquity . The formal part , or the sinfulness cannot , must not be countenanced , or assisted at all , directly or indirectly ; 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 propounded . Pilate seeing the Jews resolved to doe a spight to the holy and most innocent Jesus , propounded to them a lesser way then murdering him ; I will scourge him , and let him goe . Pilates 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 propounded the lesser evil , which it may be themselves did not design : indeed if they were resolved to doe one , he might have perswaded the less , not absolutely ( for nothing could have made that lawful ) but comparatively , that is , rather that then the other , if ye will doe one . 2. But for the material part of the action , 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 : 1. That it be onely with a purpose of hindring a greater . 2. When the lesser cannot be hindred , but at least so much must be done by way of redemption . As if Caius 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 opportunity , and sins no less if she wants opportunity which she thirsts after ▪ 3. That it be ever without the prejudice of a third person : As if one of the Banditi 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 . 4. That it be in a case certainly known where the malice is apparent and declared , 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 instruments . But we may no further imitate this , then we can attain to little portions of the knowledge of mens private and particular purposes . 3. But as for the degrees of the obliquity or irregularity , it is certain , none is to be perswaded or assisted directly , but suffered in the whole , and perswaded in the instance by way of remedy against the greater and more intolerable . Thus Moses 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 permitted 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 feared is certain , and felt and is intolerable ; it is a sad necessity , but no man can help it , and therefore it must be as it may , the lesser error is to be endured till it can be remedied , with a remedy that is not worse then the disease . Quest. UPon this occasion , and for the reducing the Rule to practice , and to regulate a case which now adays happens too frequently ; it is not amiss to inquire 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 womans duty , and what were her most prudent course , and manner of deportment ? Some of great reputation in the Church of God both of old and later times put a speedy period to this inquiry , and absolutely condemne it as unlawful 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. Hierom , saying that a man is sub maledictione si adulteram retineat , he is under a curse if he retains an adulteress in his embraces . And S. Chrysostom ; Sicut crudelis & iniquus est qui castam dimittit , sic fatuus & iniquus qui retinet meretricem . Patronus enim turpitudinis est qui celat crimen Uxoris . 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 Solomon ; Qui tenet adulteram stultus est ; almost the words which S. Chrysostom uses . He is a fool that keeps an adulteress : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is in the Greek LXX . He is an ungodly man. And of the same opinion was Bucer in the last age , who for his opinion brings two arguments which are not contemptible . The first is taken from Deuter. 24. 4. where God enjoyns that if a man puts away his wife , he must at no hand receive her again , quia ipsa polluta est , 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 adultery , 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 . Before I come to the resolution of the Question , 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. Hierome inferre nothing but this , That to live with a Harlot is a great calamity and a horrible curse , and it cannot indeed tend towards a blessing , or end well , or be at all endured , if it be not intended to purposes beyond the proper effect of that calamity . He that is smitten with a leprosy , or he that is hanged upon a tree is accursed ; but if the leprosy 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 design expressed in the words of S. Chrysostome doe verify this commentary upon the words of S. Hierome . For S. Chrysostome 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 Cato , who did lend his wife Martia , a virtuous and a chast Matron to his friend Hortensius : He that conceals his wives crime with an unwillingness 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 cannot 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 careful guardian watching lest she should commit a worse . And this also is the meaning of the words of Solomon ; for although they are not at all in our Bibles , 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. Hierome and S. Chrysostome 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 irrecoverable , 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. Paul in a case that was extremely bad , even in the case of infidelity , Quî scis mulier an virum sis lucratura ? What knowest thou O woman whether thou mayest gain thy husband ? * But the arguments of Bucer being intended directly against the lawfulness of retaining an adulteress , or living with an adulterous husband , are to have distinct answers . For although where a commandement 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 : Non poterit prior maritus recipere , quia polluta est ; The first husband may not receive her , because she is defiled : for the words in the Hebrew are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which doe not signify [ because she is polluted , but quia facta est polluere se , 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 restitution : and then this case refers not to a simple adultery , but to him who betrays or exposes his wife to adultery ; & indeed such a person might not in Moses Law receive her again : and this was the case of Cato and Socrates 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 woman taken in adultery ; or put her away privately as Joseph upon a mistake intended to doe to the blessed Virgin Mother : but that it is therefore unlawful 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 concluded 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 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Clemens . 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 anothers , therefore the offending person may be put away and refused in their petition 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 ; That it is not onely lawful , but may have in it great piety and great charity for a woman still to cohabite with an adulterous husband . The lawfulness appears , in that there is no prohibition by a Divine Commandement , no natural 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. Basil , who also made a Canon for it , and commanded it to be done in his Church , as appears in his Epistle to Amphilochius 1. Can. 9. & 21. The same also was the sentence of S. Austin to Pollentius , and in his Book de adulterinis conjugiis : and of P. Pelagius in his Epistle to Melleus his Subdeacon . But they it seems went against the general stream , for they were not onely forc'd to dispute it , but also to limit the question and the permission . For David received his wife Michol who had liv'd with another man ; and S. Paul advises the wife to be reconciled to her husband ; and Christ forgave the woman taken in adultery , 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 fornication against him : but therefore so may a man , but it ought onely to be done in case the sinning person does repent : onely S. Basil 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 certain upon the same account on which it can be piety and charity to suffer injuries , 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 : 1. The innocent person must not be bound to doe this , 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 liberty 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 , The Lord God of Israel saith , he hateth putting away . 2. 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 Titius be an adulterer , his wife Caia hath not lost her power over his body , or her interest in his family or fortune . 3. This is to last as long as there is any hopes of repentance , and the repentance 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 superiors , 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 . 4. 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 consequent events when we have no hopes ; and S. Pauls question , Quî scis ô mulier ? how knowest thou O woman whether thou shalt gain thy husband ? 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 otherwise she might quit ; and his incontinence does not oblige her to be exposed to the danger of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 . 5. 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 Fathers in the Councel of Eliberis refused to give the Communion to a Clergy man even at the last , if he did not statim projicere instantly expel from his house his wife whom he knew to commit adultery : And in the Councel of Neo-Caesarea he was to be deposed from his dignity in the same case ; the reason is given by the Councel of Eliberis , Nè ab his , qui exemplum bonae conversationis esse debent , videantur magisteria scelerum procedere ; 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 Apostolical , requiring that Bishops and Deacons should be such who rule their own houses well ; 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 reproaches ought to be infinitely removed from the houses of those , whose lives and whose Governments ought to be exemplar . Oportet suspicionem abesse à Caesaris domo . 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 matter of decency and fittingness , not of indispensable necessity . 6. The innocent person must not directly by any compliance , cohabitation , 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 species lenocinii , 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 woman 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 commendable 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 . 7. 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 purpose , 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 possession 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 judgements , 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 commend it when it cannot , or refuse to use any fair or any just instrument of curing 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 cannot 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 . Thus some Common-wealths permit fornication and publick stews , to pre●●●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 the whole , 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 after game of Conscience and Religion ; sad and fatal to those whose folly inferres it , but all that is left that can be done for God and for souls . 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 , accidental , and inferr'd by evil customes , or some secular interest , or weaker regard ; 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 appointed , and he knows best how to satisfy and provide for all the needs of mankinde . But it is objected . The Laws of Italy 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 inconvenient to younger families ; but it is very convenient for their souls , and they also would be provided for , as being no contemptible interest . Here therefore , if they would alter the necessities which worldly interest introduced , if they would preferre souls before the greatness of families , heaven before a Marquisate in Sardinia , 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 poysoned 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 Italians or hot Spaniards 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 . * This therefore is the result , as to this particular instance . In the questions of greater or less uncleannesses , permissions are not to be made by publick authority , for the reasons before named : but there may be particular necessities in single instances which will run into present evil , for which no remedy can be provided ; and then it is lawful to divert the malice upon a less matter , when it cannot be taken off intirely : For thus righteous * Lot 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 ●●ture and Hospitality , which ( if they were not always ) yet they were of greater obligation then the restraints of simple fornication . And to this purpose is that of S. Chrysostome who to a man that is accustomed to swear , and cannot avoid it , advises that he should rather swear by his head then by God. 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 ; & 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 . * Of the same purpose are these words of S. Austin , Si decrevisti homicidium aut adulterium facere , adulterium committe non homicidium . 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 in the same kinde ; 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 disparate 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 unnatural lusts to natural , from the greater kinde to the less , from adultery to fornication , from fornication to trifling amours , and Platonick fooleries ; from murder to a blow , from a blow to an angry word ; these are proper diminutions which are in a direct order to the retrenching of the sin : but from murder to adultery a man is not to be diverted , because this is not a direct lessening of the degrees of sin , but a changing it into equal ; or if it be not , yet the malice is more extended , if not intended , 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 . * But of the same minde is S. Gregory 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. Pa●● ▪ 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 ▪ the honour of marriage , but as for the main advice it is well and agreeable to right reason . But besides the cautions already given num . 4. relating to the material part of sin , the whole affair is to be conducted with these provisions : 1. No man may use this course , 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 , because 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 . 2. Care must be taken , 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 doe is greater then our good ; and we venture one mischief , for the venture or hopes of lessening another . Quintus Milvius being in love with the wife of Muraena , and she with him , Milvius resolves to kill his wife Virginia , and run away with the wife of Muraena , or force her from him , he acquaints his freed man Priscus Calvus with his purpose , but he to divert his purpose of murder and adultery perswades his Patron Milvius rather to lie with Muraena's rather to lie with Muraena's wife now , then to doe such things of hazard and evil voice , and dishonour : and his advice 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 Virginia 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 confirm'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 . 3. He that advises the lesser evil for the avoiding of a greater , must not advise any thing so to serve his own interest or humor , 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 lawfully , 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 avoiding 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 former can legitimate such an advice , and therefore this latter cannot . 4. No man must make use of this course himself ; 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 unnatural in his lusts , or loose in his entertainments , he might legitimate every lesser sin for fear of the greater . But therefore it is certain , that when he can choose either , he must choose none , for nothing can make it lawful , directly 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 Paris : Si sub electione proponuntur duo mala , cave neutrum eligas : Nam in malis quid est eligendum ? 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 . No sin is to be chosen when both can be avoided , but when they cannot , the least is to be suffered . 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 chooses the less , sins less , but yet sins , because he should choose none at all ; but he that advises him to choose the less , sins not at all , because he hinders all sin as much as he can . 5. He that advises a less sin for the prevention of a greater , must see that it be directly less , and certainly so ; 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 degrees of sin the case is clear when the matter or instance is the same ; but if it be specifically different , or in the whole kinde , 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 . But because all this discourse relies upon this main ground , that the lesser evil in respect of the greater hath the nature of good , and therefore is to be preferred ; 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 comparatively good , it is positively evil ; here it is to be inquired , Whether this can be lawful , or is it not a prevaricating of the Apostles rule , That evil is not to be done that good may come of it ? and whether this may be done in any case , and by what cautions it can be permitted or made legitimate ? This inquiry hath great uses in the whole life of men , and therefore is not unworthy a stricter search . And first as to the present Rule , 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 effort 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 Israel gave to the remnant of the Canaanites , to live in the land because they could not destroy 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 Petrarch , Duobus aut pluribus ex malis minus malum eligendum esse non video , cùm minus malum haud dubiè malum sit , qualiter mali electio sit laudanda . Itaque rectiùs dici reor , majora mala majori studio vitanda , ut si vitari cuncta non possunt , minora faciliùs tolerentur , non electione , sed patientiâ , aequanimitate , modestiâ . 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 by choice , but by patience . Now though it be not lawful 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 ; which was the counsel which Cicero says he received from learned men , Non solùm ex malis minima oportere eligere , sed etiam excerpere ex iis ipsis si quid inesset boni . But to the thing it self , there can be no dispute but that it is highly unlawful to doe evil for a good end ; S. Pauls words are decretory and passionate in the thing : He calls it slander , or blasphemy that they reported it of him that he should say , It was lawful to doe evil that good might come of it ; he also affirms 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. Pauls opinion , yet all men doe not blame themselves when they doe against it . I will therefore first represent the matters 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 . For first if we look in Scripture , 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 . David gave order to Hushai to enrol himself in the rebel party , and to deal falsly with Absol●m , that he might doe good to David ; 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 . * Elias the Prophet that he might bring the people from idolatry , caused a sacrifice to Baal to be made , and the idol to be invocated , which of it self was simply and absolutely evil ; and Jehu ( though a much worse man ) yet proclaimed an assembly for Baal , and both of them did it that they might destroy the Priests of Baal , and dishonour the idol , and doe honour to God , and both did well : * and for ought appears so did the ten men of Shechem who to redeem their lives from the fury of Ishmael discovered the secret treasures of the Nation : * and amongst the Christians some women , particularly Pelagia 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 Corippus hath an obstinate servant , so perverse that like the sides of Elephants his very soul grows hard by stripes , and that Corippus knows this , yet if he have other servants who will be corrupted by the impunity 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 intolerable 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 reason of doing good to others , and preserving the publick interest , it will seem necessary that this interest be preserved , and therefore that the other instrument be imployed ; * for it is natural enough that as truth comes from falsehood , so should good from evil , it is not an accidental or contingent product , but sometimes natural and proper ; and as God brings good out of evil by his almighty power , so doe good men by the nature of the thing ; and then the intermedial 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 preservation of nature in the effect and consequent ; so are some evils against Religion but useful for its advancement . * And this very similitude supplies many particulars of the same nature . For thus we make children vain-glorious 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 Governour , yet they exceed the measures of the Man. * Thus for Physick it is affirmed to be lawful for a man to be drunk : * And Cardinal Tolet allows of voluntary desires of pollution 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 effects of holiness . * But thus I said , it must happen in publick Governments : The Christians that dwell in China , Japan , and in the Indies 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 necessity . The Romans would not trust the Jews that would swear by the Temple of Jupiter : Ecce negas , jurásque mihi per Templa Tonantis , Non credo , jura verpe per Anchialum . 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 presumed , 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 David 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 ●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 , because the end makes it not to be evil , this is a plain confessing the question against the words of S. Paul ; 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. Paul , that it is good to doe evil that good may come ; that is , it is ch●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 Plutarch , that beat the Cuckow for fear that in time she should become a Hawk . * 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 religion yeelds to charity , and charity to justice , and justice it self to necessity , 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 commended if with a witty lie they can cozen melancholick and hypochondriacal men into a cure . Thus the man of Athens , 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 water 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 Hercules de Saxoniâ having committed to his charge a melancholick man , who supposing himself to be the Prophet Elias would needs fast forty days , dress'd a fellow like an Angel , who pretending that he brought him meat from heaven , prevail'd upon him to receive both food and Physick . This lie was charitable , and if it was not therefore innocent , then some charity can be criminal ; 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 contradicting 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 defended 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 usurped power , or to bend to a power which destroys that to which we are bound by the oath of God. These instances I have not brought in opposition of the Apostles rule , or that I think any man else pretends any of these in defiance of it , but to represent 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 . 1. Therefore it is to be observed , that the facts of men living under a Law , are not to be measured by Laws of a differing Government , and therefore 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 Hushai 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 measures ; the effect will be , that Hushai 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 . 2. The rules of warre , 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 necessities 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 ; a private evil is not to be done for the procuring of a private good , but for a publick it may : not that evil may be done for any thing ; but that here it is not evil , when it is measured by the publick standard . 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 anger , and a just number of stripes , and equalities of punishment both to the person 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 intentions 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 , 3. In many of the instances objected , the evils which are the ways of procuring good , are not evils in morality but in nature ; and then it is lawful , when there is no malice in the design , to prevent the sin , or to doe a good office 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 materially , 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 chosen , and done with delight , or evil intent , or perfect election : 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 cupping 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. Paul wish'd himself accursed for his brethren , and Moses 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 may not doe evil , yet he may suffer evil for a good end ; he may not procure it , but he may undergoe it : 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 criminal ; and if it be , it becomes so by accident , or by the intertexture of some other ingredient . 4. When the evils are subordinate or relative , the less may be done to prevent the greater , though they be not in the same matter ; as a child may be beaten to prevent a sin , an offender smitten to make him diligent : for these actions , 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 measures 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 . 5. Some things are evils properly and naturally , 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●s is not a doing evil that good may come of it ; for in things not essentially and unalterably 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 , & God and the Devil have their share of the thing , and so have several persons , according as they intend , and as they operate : 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 exact the oath because that is good , but the Law it self may use 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 concurrent causes , which are not integral , but have each their share ; and when causes are not integral , 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 imputed intirely to every concurring agent ( as in murder every man is principal 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 . 6. Some Laws of God are such that their rectitude is so perfect , the holiness 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 blaspheme 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 capacity from capacity ; and when every man provides concerning his share of influence 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 extrinsecal and accidental , and the goodness is not essential , natural , and original ; and therefore the whole receives variety by necessities , and by charity . For whatsoever 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 Davids 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 temporary commands there is no obligation but when they consist with higher duties ; Actus imperati unius virtutis non debent praejudicare actibus elicitis alterius . 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 ceremonies : 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 knowing 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 , Obedience is better then sacrifice , but that we should neglect one and doe the other when both cannot stand together ? and this order of degrees is the full ground of dispensations 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 something 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 . 7. In actions the material part is to be distinguished from the formality , the work from the affection : That may be wholly indifferent , when this may be wholly criminal . 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 forbidden , 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 delighted in . 8. He that makes use of the matter of a sin already prepared to which he gives no consent , and which he cannot help , does not doe evil for a good end . Thus the Prophet called on the Priests of Baal 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 here and now , and this is not against the Apostles rule ; time and place are no sins , and make none unless frequency be added to the time , and holiness to a place , and then they may adde degrees 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 lawful to give money to a Judge : Sed si dedi ( says Ulpian ) ut secundum me in bonâ causâ Judex pronunciaret , est quidem relatum condictioni locum esse : sed hic quoque crimen contrahit . Judicem enim corrumpere videtur : & non ita pridem Imperator noster constituit litem eum perdere . 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 accounted 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 continued upon his own account ; but when the evil matter is thus made ready , we may reap as much good by it as we can bring out of it ; 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 Nero sets Rome 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 Christians 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 ; this is effected by these , but the other is onely desired by them : This therefore is not a doing evil for a good end ; it is a desiring of good , and a using the evil matter which is of anothers procuring . 9. There are some actions criminal and forbidden in certain States onely , as to kill a man is a sin , a private man may not doe it ; 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 relation and protection of civil society , 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 state of warre , 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 , by Laws , if he can , and if he cannot , then by himself and the means of nature ; 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 not intrinsecally evil , and whatsoever is not so , may be accidentally good . 10. Some of the instances are such which are disallowed by most men ; so to tell a lie for a good end is unlawful , upon supposition that a lie is intrinsecally evil ; 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 uncharitableness or injustice , 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 . The summe is this ; 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 intrinsecally and essentially evil , it is evil without change or variety , without condition or circumstance , and therefore cannot be made good by any such thing . What is evil in some circumstances may be good in others , and what is condemned 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 a mans habit or his choice can be turn'd , but a viper will for ever have a venome in his tooth . But this Rule is also to be extended to cases that are duplicate , 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 resolution , 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 Titius 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 Sempronius : 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 Acontius and Cydippe in Ovid , Promisit pater hanc , haec adjuravit amanti : Ille homines , haec est testificata Deam . Hic metuit mendax , sed & haec perjura vocari , Num dubitas hic sit major , an ille metus ? 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 . These Cautions are all which I think necessary for the conducting of a doubting Conscience ( that is , 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 doubtful 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 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 : A doubtful Conscience is no guide of humane actions , but a disease , and is to be cured by prayer and prudent advices , and the proper instruments of resolution and reasonable determinations ; but for those things which are called doubts , and the resolution of which is the best way to cure the infirmity of conscience , they must be derived from their several heads and categories . For these discourses or advices of Conscience in general , are intended but as directions how to take our Physick , and what order to observe in diebus custodiae ; but the determining of the several doubts , is like preparing and administring the Medicines which consist of very many ingredients . CHAP. VI. Of the Scrupulous Conscience . 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 determined by proper arguments , dares not proceed to action , or if it doe , it cannot rest . QUI nimis emungit , elicit sanguinem , said Solomon ; too violent blowing draws bloud from the nose ; that is , an inquiry after determination , and searching into little corners , and measuring actions by atomes and unnatural measures , and being over righteous , is the way not to govern , but to disorder our Conscience . That it is a great trouble , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that burning 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 touching a woman . When they are married they are afraid to doe their duty , for fear it be secretly 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 Nature more then to the Spirit . * 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 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 ●ersians over the river Strymon , 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 . Scruple sometimes signifies all manner of vexation of the minde ; so Cicero pro Sext. Roscio uses it , Hunc mihi scrupulum ex animo evelle , qui me dies noctésque stimulat ac pungit . Take this scruple out of my minde which pricks and goads me night and day . So also in S. Hieromes Bible 1 Regum 25. Non erit tibi in singultum & scrupulum cordis quòd effuderis sanguinem innoxium . 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 restlesness of minde in things done or to be done , after the doubts of conscience are determined and ended . Intolerabilem perturbationem Seneca calls it , a fear of doing every thing that is innocent , and an aptness to doe every thing that can be suggested , — nuda ac tremebunda cruentis Irrepet genibus si candida jusserit Ino. * 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 absurd fear hinders it from beginning the journey , or proceeding in the way , or resting at the journeys end . Very often it hath no reason at all for its inducement , 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 judgement ; from any thing that may abuse the reason into irresolution and restlesness . It is indeed a direct walking in the dark , where we see nothing to affright 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 . But if reason be its parent , then it is born in the twilight , 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 Egypt vex and trouble the whole Army . This disease is most frequent in women , 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 , multitude of humane Laws , variety of opinions , the impertinent talk and writings 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 making Religion strike it self upon the face by the palsies , and weak tremblings of its own fingers . William of Osency was a devout man , 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 vexatious and intolerable ; 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 , receives advice to proceed according to the sence of his reason , not to the murmurs 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 impossible , 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 being intended for ease , is in some sense or other a lessening of his duty , a diminution 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 Superiors ; 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 therefore 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●tain causes of fear . * After a great tumbling of thoughts and sorrows he begins to beleeve that this scrupulousness 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●ng for remedy grows infinitely worse , till God at last pitying the innocence 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 Religion is not so great as the affliction . But because a scruple is a fear , or a light reason against a stronger and a sufficiently determined understanding , it can bring no other work to the conscience , but that it get it self eased of the trouble , which is to be done by the following Rules . RULE 2. A Conscience sufficiently instructed by its proper arguments of perswasion , may without sin proceed to action against the scruple and its weaker arguings or stronger tremblings . THIS is the best remedy that is in nature and reason . S. Bernard preached rerely well , and was applauded , but the Devil offering to him the temptation 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 : proceed to action ; and as the reason or the fear in the scruple was not inducement enough to begin , so neither to leave off . Against a doubting conscience a man may not work , but against a scrupulous he may . For a scrupulous conscience does not take away the proper determination 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 . Valerius of Hippo being used always to fast till high noon of festivals , 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 determination of conscience that it is lawful for him ; which final determination , because 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 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 man the weaker , but cannot destroy the assent . Adde to this , that since scruples doe sometimes make men mad , doe detriment to our health , make Religion a burden , introduce a weariness of spirit and tediousness , it cannot be a sin to stop all this evil , and directly to throw away the scruple and proceed to contrary actions . But this is to be understood onely , when the scruple is such that it leaves the conscience practically determined . For if the scruple prevails upon his weakness so farre as to rifle the better reasons , the conscience loses its rule and its security , and the scruple passes into a doubt , and the Law into a consultation , and the judgement into opinion , and the conscience into an undiscerning , undetermined faculty . Hither is to be reduced the case of a perplexed conscience ; 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 secular designs , and a reason to serve the interest of his spirit in spiritual designs : But although in our blessed Lord the appetites of nature were innocent and obedient , and the spirit always got a clear victory , and the flesh resisted not , yet in us it is not so ; and sometimes spiritual complications doe disturb 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 which part soever he chooses he shall sin ; what is to be done here is the Question ? The case is this ; Pratinus 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 condemned 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 Question 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 . 1. Concerning this , 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 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 infelicity and no sin , if he neither chooses it , nor delights in it , which in the present case he is supposed not to doe . 2. But if in the event of the actions and parts of choice there be a real or apprehended difference , 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●● present case ; but if he chooses that which is of worse event , he hath nothing to excuse it . RULE 3. He that is troubled with scruples , ought to rely upon the judgement of a prudent Guide . THE reason is , 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 determined as is his own , and yet not so diseased . Adde to this , 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 . Consule bonos , prudentésque viros , & acquiesce eis , was an old advice , and derived from Solomon and Tobit ; lean not on thy own understanding ; but ask counsel of all that are wise , and despise not any counsel that is profitable . RULE 4. When a doubt is resolved in the entrance of an action , 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 . THE reason of the Rule is this , That which is sufficient for satisfaction before , is sufficient for peace afterwards . A Christian in the Diocese of Salamis 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 told , That to receive the holy Sacrament virgine salivâ , fasting is a custome of the Church later then the times of the Apostles , as appears by the Corinthian usages mentioned by S. Paul ; that it having no authority but custome , no sanction but a pious fancy , and a little proportion and analogy of reverence , it ought to yeeld to the elicite acts of charity : Upon this account he being satisfied , drinks a little , is well , and communicates with health , and joy , and holiness . 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 at least infirmity in him , and upon what account with God that should be , which in his own most gentle sentence was at least , infirmity , he knew not ; and twenty other little things he thought of , which signified nothing , but did somethi●● , they meant no good , but did great evil : and finding himself got into a ne●●●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 probable , and reasonable , and dis-interest . He knows something which he did not know before ; and for the time to come is to walk by this newly kindled 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 prudence 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 understanding . 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 probably , 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 question of scruple , in which the greater probability goes before , and the less comes after . But the Rule is to be managed with these Cautions : 1. Take heed that in the beginning we doe not mistake our desires to have it done , 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 prudence . 2. Be not too easy in the arguments of probation . For although in actions 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 action might be more reprovable then the man ; but if we could consider better 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 . 3. Separate your question as much as you can from interest , that your determination and inquiry be pure ; and if more arguments occurre afterwards then did in the first inquiry , remember that it was well enough at first , if it was probable enough ; and for the rest , pray to God to accept you , if you did well and wisely , and to pardon you in what was done amiss , or negligently , or imperfectly . RULE 5. A scrupulous Conscience is to be cured by remedies proper to the disease , and remedies proper to the man. THat is , there are some advices which are directly intended for the lessening 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 : Remedies against the Scruple . 1. Let the afflicted and disquiet man often meditate of the infinite goodness of God , 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 . 2. Let him be instructed that all Laws Divine and Humane are desirous of sweet and merciful interpretations , 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 goodness , but to the justice of God , who therefore will pity us because we are made of dust , and are a lump of folly and unavoidable infirmities ; and by the same justice by which God is eternally angry withthe fallen Angels , by the same justice he is not finally angry with man for his first follies , and pities all his unavoidable evils . 3. Let it be remembred that charity is the fulfilling the Law , and by the degrees of it a man tends to perfection , and not by forms and tittles of the letter , and apices of the handwriting of ordinances . And that if he loves God and does his best , and concerning the doing his best make the same judgements real and material , 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 reason of a man , ought to have the confidences of a man , for no other confidence can be reasonable . That is charity that we doe carefully and wisely , and follow the best we can . 4. Let it be considered that to incline to the scruple , and neglect the stronger 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 trifle , with the scruple , 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 . 5. Since the very design of the Euangelical Covenant is , that our duty be demanded , and our sins accounted for , according to the measures of a man , and not by the proportions of an Angel ; and that all our infirmities and ignorances , 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 moral diligence , and a good heart we are secured , but we can never be secured by our own measures . For let us weigh never so exactly , we may miss some granes or scruples , but to snatch greedily at the little overrunning dust of the ballance , and to throw away the massive ingots that sunk the scales down , is the greatest folly in the world . 6. The lines of duty are set down so clear and legible , 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 Apollo , 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 understood . But in the case of a scrupulous conscience , it is not the thing so much that troubles the minde , as the indisposition of the part , the man hath a vicious tenderness ; it is melancholy and fear , and as very accident can trouble the miserable , so every fancy can affright the timorous ; the chiefest remedies therefore 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 little and inconsiderable . Advices to the scrupulous man. 1. The case of the scrupulous man is so full of variety , or uncertainty rather that it is as easy to govern chance , 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 infinite ; 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 , without 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 it must be laid aside because it is intolerable , and it may because it is unreasonable . 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 whatsoever he can learn to be his duty . * This is a complication of evils , as melancholy 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 purpose , he thinks much , but thinks of nothing ; so the scrupulous man fears exceedingly , but he knows not what nor why . It is a Religious melancholy , and when it appears to be a disease and a temptation , there needs no more argument against its entertainment . We must rudely throw it away . 2. He that is vexed with scruples , must fly to God by prayer and fasting , that this lunacy and spirit of illusion which sometimes throws him into the fire , and sometimes into the water 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 . 3. Let the scrupulous man change the tremblings of his spirit to a more considerable object , and be sure if he fears little things , let him fear great things greatly , every known sin let him be sure to avoid , little or great , for by this purity he shall see God , and the things of God , peace and truth , and the honesty of his heart will bear him out from the mischief , if not quit from the trouble of the scruple : * at no hand let it be endured that he should think this disease or vicious 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 Government and despise it , this man nurses his scruple till it proves his death , and instead of curing 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 lipothymie , and that bears him to his grave . 4. Let the scrupulous man avoid all excess in mortifications and corporal austerities , because there are apt to trouble the body , and consequently to disorder the minde , and by the prevailing fond perswasions of the world they usually produce great opinions of sanctity and ignorant confidences of G●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 scruple and impertinency , full of trouble , but good and profitable for little or nothing . Admiratione digna sunt ( saith Cardan ) quae per jejunium hoc modo contingunt : somnia , superstitio , contemptus tormentorum , mortis desiderium , obstinata opinio , insania : jejunium naturalitèr praeparat ad haec omnia . It is wonderful to consider what strange products there are of fasting : Dreams superstition , contempt of torments , desire of death , obstinacy in opinion , and madness . To all these , fasting does naturally prepare us : and concerning S. Hilarion it is reported by S. Hierome , Ita attenuatus fuit jejunio & vigiliis in tantum exeso corpore ut ossibus vix haerebat : unde nocte infantum vagitus , balatus pecorum , mugitus boum , voces & ludibria daemonum , &c. 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 prepared 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. Athanasius reported of S. Anthony . It was this excess that made S. Hierome so scrupulous in reading of Tullies 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. Gulslach of Crowald fought with the Devil , and such irregular austerities have been in all ages of superstition , the great instrument 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 . 5. Let the scrupulous man interest himself in as few questions of intricate dispute , and minute disquisition as he can ; they that answer fewest , doe commonly trouble themselves with most . Curious questions may puzzle every man , but they can profit no man , they are a certain disturbance , they are rebels in the kingdome of the inner man , they are just the same things in speculation which scruples are in practice , and therefore because notice properly tends and directs to action , the increase of them will multiply these . Avoid them therefore , for not these , but things practical are the hinges of immortality ; but the other break the peace of the superior faculties , they trouble the understanding and afflict the conscience and profit , or instruct no man. 6. He that would cure his scrupulousness must take care that his Religion be as near as he can to the measures and usages of common life . When S. Anthony 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 , Nunc paululum laborando manibus , nunc genibus flexis orando , deinde corpus reficiendo , pòst quiescendo , & rursus iterum operando , Antoni , sic fac tu & salvus eris . 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 pictures , 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 communion ; striving 〈◊〉 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 natures rather then their vicious inclinations or their evil habits , and so make Religion to be a burden , a snare , and an enemy . For in scrupulous , that is , in melancholy persons nature is to be cherished in every thing where there is no danger , that is , where she is not petulant and troublesome . Such men have more need of something to repair their house , then to lessen it . 7. Let the scrupulous man take care that he make no vows of any lasting imployment . For the disease that is already within , and this new matter from without will certainly make new cases of Conscience , and new fears and scruples upon the manner , and degrees , and circumstances of performance . Therefore 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 pleasing to God that we make our services to be every day chosen , then after one general choice of them , to have the particulars done and hated . 8. But that I may summe up many particulars in one . The scrupulous man must avoid those companies , and those imployments , and those books from whence the clouds arise , especially the books of ineffective and phantastick notion , such as are Legends of Saints , ridiculously and weakly invented , furnished out for Idea's , not for actions of common life , with dreams and false propositions ; for the scrupulous and fearful will easily be troubled , if they finde themselves fall short of those fine images of virtue which some men describe , that they might make a fine picture , but like nobody . Such also are the Books of mystical Theology , which have in them the most high , the most troublesome , and the most mysterious nothings in the world , and little better then the effluxes of a religious madness . * 9. Let the scrupulous man endevour to reduce his body into a fair temper , * and ●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 Spirit ; * let him pursue the purgative way of religion , fight against and extirpate all vicious habits and evil customes , doe the actions of virtue frequently and constantly , but without noise and outcries , without affectation and singularity ; that religion is best which is incorporated with the actions and common traverses of our life ; and as there will be some foolish actions , so there will be matter for repentance ; let this humble us , but not amaze us and distract us . 10. Let all persons who are or use to be thus troubled with flies , and impertinencies of reason and conscience 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 , 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 . There are many more , of which I am to give accounts in the next Book , and from thence the scrupulous may derive assistances . Concerning the matter of scruples , I on purpose decline the considering 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 suppose 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 . OF THE RVLE OF CONSCIENCE . viz. The Laws Divine and Humane , And All collateral Obligations . THE SECOND BOOK . CHAP. I. Of the Law of Nature in general . RULE 1. The Law of Nature is the Universal Law of the world , or the Law of mankinde , concerning common necessities to which we are inclined by Nature , invited by consent , prompted by reason , but is bound upon us onely by the commands of God. ΕΣτω 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said the Apostolical constitution ; Be careful to understand what is the Law natural , and what is superinduc'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 observation : 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 . The Law of Nature ] Jus naturae , and Lex naturae are usually confounded by Divines and Lawyers , but to very ill purposes , and to the confusion and indistinction of all the notices of them . The right of nature , or Jus naturae is no Law , and the law of nature is no natural right . The right of nature 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 continual torment , and in vain , if they were not in order to their rest , contentedness and perfection . Whatsoever we naturally desire , naturally we are permitted to . For natures are equal , and the capacities are the same , and the desires alike ; and it were a contradiction to say that naturally we are restrained from any thing to which we naturally 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 eating , and drinking , and pleasures . If I can desire , I may possess or enjoy it : this is , The right of nature . Jus naturae , by jus or right , understanding not a collated or legal right , positive or determined , but a negative right , 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 nullius in bonis , 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 natural , wild , or untutored man does sit . But this is not the Law of nature , nor passes any obligation at all . And indeed nature her self makes not a Law : Nec natura potest justo secernere iniquum , and this opinion Carneades did express , but rudely , and was for it noted by Lactantius . He said there was no law of nature . But the Christians who for many ages have followed the School of Aristotle , have been tender in suffering such expressions , and have been great promoters of Aristotles doctrine concerning the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the natural Law. But indeed Aristotle himself in this was various and indetermined . For in his Ethicks he affirms that some think the natural law to be [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] unalterable , and of the same force every where , as fire burns here and in Persia : and yet he himself makes it notable , and that it is not the same among all Nations ; for so he in his Rhetoricks says , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that some doe Divine [ not demonstrate ] that some things are just or unjust by nature , without any Covenant or Society ; 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 necessity , and contingency together ; and so he affirms , That there is nothing so naturally just but it is variable ; and although the right hand is in most men the strongest , yet in some the left hand is . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Distributive justice is by proportion , and therefore it is variable ; and in general he affirms of all justice , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , justice is in proportion and relation . For justice is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 power . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and therefore Justice , I mean that universal virtue that contains all else within it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is a virtue that hath its being from something superinduc'd upon nature . Justice is natural , as all virtues are , that is , reasonable and perfective of our nature , and introductive of well-being : But nature alone hath not injoyn'd it originally , any more then matrimonial chastity was a natural law , which could not be at all before Eve was created , and yet our nature was perfect before . Justum nihil est non constitutâ lege , nothing is just or unjust of it self , until some Law of God or man does supervene ; and the Scepticks generally , and amongst the Dogmaticks Aristippus said , that nothing is just by nature , but onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by law and custome ; which in what sense it is to be admitted , I shall explicate in the following periods . — is the universal law of the World. ] 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Aristotle calls it [ The law of mankinde ] Commune omnium hominum us ; so Justinian ; which is not to be understood of all men in all things absolutely , but especially of all wise or civil Nations that communicate with each other . Lucretius restrains it to neighbours , Tunc & amicitiam coeperunt jungere habentes Finitima inter se nec laedere , nec violare . 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 . — si quis sinus abditus ultra , Siqua foret tellus quae fulvum mitteret aurum Hostis erat — All people whom they call'd barbarous , or whom they found rich were their enemies . But there are some laws of Nature which belong to all absolutely , to whom any notice of the true God and of good manners is arrived ; particularly those which belong to common religion : But in the laws of justice , the law of nature is more restrained , because it does not onely , like the laws of religion , 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 . Concerning some common necessities ] This describes the matter and body of natural Laws . For there is nothing by which the laws are denominated natural more then by this , that they are provisions made for the natural necessities of mankinde ; such are , To doe as we would be done to : To perform covenants : To secure messengers of peace and Arbitrators : To be thankful to our Benefactors , and the like : without these a man cannot receive any good , nor be safe from evil . By this relation , and interchanging reason , it is therefore necessary that these laws should be distinguished from all others , because these and their like proceed from the same principle , are restrained by the same penalties , written in the same tables , have the same necessity , and doe suppose something super added to our nature ; and therefore that these and their like are natural , and the others are not , must be by relation to the subject matter . For in these cases and the like , when that which is profitable is made just , then that which is natural is made a law ; 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 Civil or Religions , or Natural according as they serve the end of the Commonwealth , or of the Religion , or of Nature . This is evident in the Code of the Mosaick 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 . To which we are inclined by nature ] That which is usually called the law of Nature is of it self nothing else but convenientia cum naturâ rationali , a consonancy to natural reason and being . Some in drawing the Tables of the natural law , estimate those onely to be natural laws which are concerning appetites and actions common to man and beast . Jus naturale est quod natura omnia animalia docuit , said Ulpian . That is the law of nature which is by nature taught not onely to men , but even to beasts , for they also are under her power , — Magnis agitant sub legibus aevum . The same definition is also given by Aquinas , and many Lawyers after Justinian , and almost all Divines after Aquinas ; but Laurentius Valla will at no hand endure it , Nam jus naturale dicere quod natura omnia animalia docuit , ridiculum ; 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 , abstinence from some certain mixtures and copulations , 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 natural ( as I have otherwhere discoursed ) yet they are made laws in nature onely dispositivè , 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 . The reason is , because that which is natural is one , but these laws admit variety ; and amongst wise Nations in several cases have and have not obligation . 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 following 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 reason 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 coercion 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 conscience . But that I may speak closer to the particular , That a thing is common to men and beasts is no indication of a law of nature , but onely of a common necessity , 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 can doe , and can love , 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 abstinence of beasts , their gratitude , their hospitality , their fidelity , their chastity and marriages , are just like the discourses of those that would make them reasonable . More certain and true is that which was said of old , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Fishes and birds and beasts eat one another , because they have no justice or laws amongst them , said Hesiod ; and the like is in Homer , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and therefore although it is a good popular argument which is used against unnatural conjunctions which is in the Greek Epigram , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. 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 account , because Cows will drink no more then to quench their thirst : and although in the law of Moses , beasts were put to death if they were instrumental in bestiality or murder , yet this was in poenam Domini , or a matter of dominion over beasts ; and the word poena or punishment was improper and no otherwise to be understood then that of Suidas in his story of Nicon ; 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . His sons accused the statue as guilty of murder , and the Thasians threw it into the Sea ; for so was the law of Draco the Athenian , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to banish every thing that kill'd a man , though it were wood , stones , or hatchets as you may see in Demosthenes . These things were tragical detestations and emblematical 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Origen calls it , it is like pravity or wickedness . This thing is so much the more considerable , because it is of use against the pretences and scruples of some persons in things where they ought to be confident . S. Hierom 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 a , but Origen b , S. Ambrose c , and Sedulius d , doe argue to the same purpose upon that very ground ; most weakly and dangerously exposing married persons to the greater dangers of fornication , and depriving them of all the endearments of society , not considering that those creatures , and those men whose custome was otherwise , or laws different , had vagam libidinem , or the evil remedy of Polygamy . Beasts indeed are so ordered by nature , but without a law ; as there is no law for Lions 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 appetites ; but not injurious , or the breaker of any sanction , or laws of justice . There may be damnum sine injuria facientis datum , says the law , and it is instanc'd in beasts . Neque enim potest animal injuriam fecisse dici , quod sensu caret . A beast that hath no sense ( that is , no reason ) no sense or perception of lawful or unlawful cannot be said to doe an injury , and therefore is not capable of punishment , because he is incapable of a law . So Justin Martyr , or who ever is the author of the Questions and answers plac'd in his works ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is unreasonable to exact of beasts the obliquity of their actions , because they have no reason ; it is therefore as unreasonable to make the law of nature to be something common to them and us . If it be replied , 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 natural 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 explication of it . Let us then try the other measures which are usual . Invited by consent ] The consent of Nations , that is , publick fame amongst all or the wisest Nations is a great signification of decency or undecency , and a probable indication of the law of nature . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 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 common principle , which seems either to be Nature , or Contract ; and then as in the first case they are reasonable , so in the second they are directly obligatory . Quod apud multos unum invenitur , non est erratum sed traditum , said Tertullian : like that of Heraclitus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , if it seems so to the communities of mankinde , it is genuine , and natural , and without illusion . Now this is true up to many degrees of probability ; and yet it is rather an index of a permission of nature , then of a natural obligation ; it tels us rather what we may doe , then what we must , it being more probable that all nations will not consent to an unnatural thing , that is , will not doe violence to nature , then that whatsoever they commonly act should be a necessary law , and the measures of nature , or the indication of her sanctions ; and yet it is still more probable that the consent of Nations is more fit to be used as a corroberative to a perswasion or a kinde of actions , then as the prime motive or introduction . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Aristotle ; and argumentum est veritatis aliquid omnibus videri , said Seneca ; it is a great strengthening 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 universal 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 permissive right of nature , much less of a law or obligation . For , 1. Whole Empires have been established and United by violence , and have laws given to them , and they receiv'd them in pursuance of the Conquerors interest , and their educations have been form'd accordingly . Ninus form'd the Assyrian Monarchy , and his son was flattered into the reputation of a God , and all the Nations under that Scepter consented to the worship of Belus ; and all the Nations with whom these men conversed , imitated the manners of the Princeps populus , 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 . 2. There are some Nations so wholly barbarous and bruitish in their manners , that from their consent we can gather nothing but thorns and wild briers : They are the words of Porphyry , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , savage , barbarous , and untaught people , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Michael Psellus . 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 , 3. All Nations to the Greeks were barbarous ; 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 . 4. And then which are those Nations whom we shall call Moratiores , 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 . 5. But then let us remember also that civility and fair customs were but in a narrow circle , till the Greeks and Romans beat the world into better manners . Aristotle says , that in his time in the Kingdomes of Pontus , which were very near to Greece , divers Nations were eaters of mans flesh , such as were the Achaeans and Heniochans , and divers amongst the Mediterraneans were worse then they . 6. The greatest part of the world were undiscovered till this last age , and amongst them the Jus Gen tium was to sacrifice one another to Daemons ; for all the old Navigations were by Maritime 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 Jus Gentium must needs have been an uncertain thing , variable and by chance , growing by accidents , and introduc'd by violence , and therefore could not be the measure of the law of Nature . 7. Adde to these that the several Nations of the world had customes of their own , 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 . Herodotus tells a full instance of this in a triall made by Darius 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Custome is the Genius or spirit of a mans actions , and introduces a nature , a facility , a delight , and religion it self . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Custome is as nature , and that to which we are accustomed is like that which we were born . For that which is often is next to that which is always . It is nature which is always , that is custome which is frequent : 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 attempt it , and the Church of Rome did twelve times publickly endevour it , to get the Greeks to forsake the customes of their Churches , and to reform themselves 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 Religion by taking the people off from their Jura Gentis , the customs of their Nation . 8. Some Nations doe refuse to admit of some of those Laws which others call the laws of Nature , and such which ineed were given to all the Nations of the world . — Non foedera legum Ulla colunt , placidas aut jura tenentia mentes . and excepting the care of children , to which by natural likeness and endearments 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But the instances will make greater indication of this any mans affirmative . The Idumaeans 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 Homers time there was a Nation of Pirates : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said the Scholiast upon Homers Odysses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . They thought it no disparagement to steal , but an honourable and a glorious thing ; and it is worse now , and hath been growing so ever since Nimrods time . Men account it lawful to kill and steal , if they doe it by Nations , by Companies , and Armies , and Navies : and Cato had reason to complain , Fures privatorum furtorum in nervo atque in compedibus aetatem agunt , fures publici in auro atque in purpurâ ; and particularly A. Gellius 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●er by plundring well . Pomponius Mela tells of the Augitae , a Nation in Africa 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 Solinus tells of the Garamantici that they know no marriages , and therefore children 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 . Propertius complains severely of this popular impiety . Sed postquam tellus scelere est imbuta nefando , Justitiamque omnes cupidâ de mente fugarunt , Perfudêre manus fraterno sanguine fratres , Destitit extinctos natus lugere Parentes , Optavit genitor primaevi funera nati , Liber ut innuptae potiretur flore Novercae : Ignaro mater substernens se impia nato , Impia non verita est Divos scelerare penates , Omnia fanda , nefanda malo permista furore Justificam nobis mentem avertêre Deorum . 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 . And upon this last instance it appears that the saying of Polybius will be of no use to us in this question ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . That for the laws of Nature we must seek amongst them that live according to nature , not amongst them whose natures are deprav'd by custome ; since as Andronicus of Rhodes was wont to say , He lies not that says honey is sweet , though a sick man refuses it as bitter and unpleasant ; so is the law of Nature per●ect and immutable in those Nations who are endued with a sound minde and a sober 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 Lacedaemonians the wisest and severest amongst all Commonwealths permitted such natural injustices , and would breed children upon their own wives by strangers that they might have a good and a handsome breed . 9. Some Tyrants have made Laws to serve their lusts , or their necessities , 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 Soleucus , who in the necessity of his son Antiochus gave him his own wise , and made it a Law for the future , which thing either was instantly disgrac'd and rejected , or else S. Paul 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 inter cordatiores , or those with whom he had conversed ; but in Syria and in the Pontick 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 Cicero , that a woman married her daughters husband , which exactly was the same undecency and incestuous approach . Nubit genero Socrus , auspicibus nullis , nullis authoribus , funestis omininibus . O mulieris scelus incredible & praeter hanc unam in omni vita inauditum . Something like S. Pauls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Antonius Caracalla : Matrem duxit Uxorem ; od parricidium junxit incestum : So Spartianus . 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 Socrates and Cato did such things which they thought fit , and we call unreasonable , for they gave their wives to their friends , as a man lends his beast for his neighbours use . 10. There are some Nations so used to a rude unmannerly pride and fierceness , that all civility seems softness and effeminacy . To this purpose is that which Tacitus reports of the son of Phraates the Parthian , who being bred up with Tiberius and efform'd into the Romane civilities was by the Prince 〈◊〉 friend sent to the Kingdome of Parthia ; but in the young Gentleman 〈◊〉 there were presently observed easiness of access , a fair civil deportment and affability ; obvia comitas : But these virtues being unknown to the Parthians were nova vitia ; and because they were unknown to their Ancestors , perinde odium pravis & honestis , the good and the bad amongst them did equally detest them . 11. Some Nations have left their good Customes and taken up bad , 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 habitations . 12. Lastly , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and neither Nation with Nation , nor Man with Man , nor a Man with himself does long agree . Indeed there are some propositions which all the world agrees upon , such as are , the immortality of the soul , and that there is a God. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Greek and the Barbarian , the Epirot and the Maritime , the wise and the unwise agree in the beleef and profession of a God : but when these things come to manners and customes , they differ infinitely ; and as they anciently chose several 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 sacrifice , some by throwing stones ; and so it was in other things . Some were observant 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 Aelian ; 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 without any provision made by their Fathers ; sometimes the Fathers took them from their Mothers , but however , yet this cannot be properly derived from a Jus Gentium , for if it be a right or a law at all , it is a lex singulorum , 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 families as the other are to single persons , but where there is a necessity , there needs no law , and cannot properly be any . From all which I conclude that the Jus Gentium , the law of Nations is no indication of the law of Nature ; neither indeed is there any Jus Gentium 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 imitation , 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 penalties , 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 , because 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 . Now that this opinion may not wholly seem new , I finde something of it affirmed by Constantinus Harmenopulus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 Saurae [ Sarmatae ( I suppose ) ] or else to marry them as the Persians 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 . Prompted by reason . ] Cicero defines the law of Nature to be , Vera ratio naturae congruens , diffusa in omnes , constans , sempiterna : That right reason which is consonant to nature , which is in every one always and the same , that is the law of Nature : So he , and from him Lactantius ; 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 prosecution of it our selves , or to a willingness of obeying the obliging power . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Reason entertains the Divine laws ( of nature ) and so is made a most vigilant Judge , said Hierocles . This is that which distinguishes us from beasts , and makes us capable of Laws . — Separat haec nos A grege mutorum , atque ideò venerabile soli Sortiti ingenium , divinorúmque capaces , Atque exercendis , capiendísque artibus apti , Sensum à coelesti demissum traximus arce . * 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 , neither 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 punished 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 . Pythagoras in Laertius said that which was very reasonable . Plantae mansuetae non nocendum , veluti neque animali quod non noceat hominibus . 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 reason can demonstrate , and it can perswade and invite , but not compel any thing but assent , not obedience , and therefore it is no law . But besides this , 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 changeable 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 Lucian calls it ) weighed reasons in a pair of scales thought them so even , that they concluded 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 Scepticks : and when Varro 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 . And it is certain , 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 consenting reasons , and faith of all the Nations of the world , some few single persons , wittier then folly , but not so wise as Reason or religion should say that there is no God : such were Diagoras Milesius , Theodorus Cyrenaicus , Protagoras ; and it is thought , Lucian also : But they that think so , must also consequently 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 Carneades ( whom I before noted out of Lactantius ) and so did Aristippus . Now here it is not sufficient to say , 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 reason from Nature ; or if we doe we cannot take the measures of Nature from reason , that is , if we call men unreasonable because they speak Unnatural things , then it must be certain that what is natural or unnatural is known some other way then by the proportions of reason ; for the reason being misliked for its disproportion to Nature , 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 appear by all their other discourses , have beleeved the worst of crimes to be innocent , and to have in them no natural dishonesty . Theodorus allowed of Sacrilege , and so do thousands who at this day call themselves Christians : Plato allowed adultery , and community of wives ; so did Socrates and Cato . Zeno and Chrysippus approved of incest , and so did the Persians : So that we may well say as Socrates to Phaedon ; when we hear the name of Silver or Iron all men that speak the same language understand the same thing : but when we speak of good and evil , we are distracted into various apprehensions and differ from each other and from our selves : we say as Pilate said of truth , What is truth ? 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 , if his persuasion be strong and violent . Tertullian complain'd that the old Philosophers did so : leges naturae opiniones suas facit [ Philosophia . ] And yet it is without all peradventure that all lawes which are commonly called Natural are most reasonable , they are perfective of Nature , unitive of Societies , necessary to common life , and therefore most agreeable to reason . But if you make an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of these , and reckon backward , you cannot wisely and demonstratively reckon from reason , or consent or natural inclinations up to natural laws . But the last clause of the Rule finishes this whole question , [ Bound upon us by the Command of God ] For when God made man a free agent , he by nature gave him power to do all that he could desire : and all that is Jus naturale , a natural right or power : and it needs no instances ; for it is every thing he could desire in eating and drinking and pleasures and rule and possession : but the law was superinduc'd upon this . Right is liberty , but law is a fetter ; Nature is free to every thing which it naturally desires 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said Dio Chrysostomus : That 's the right of nature , to be free , to be subject to no law , to do absolutely whatsoever Pleases us . This is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as the law calls it ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . A natural liberty permitting us to do what we list , Libertati proprium est sic vivere ut velis , said Cicero de Offic. lib. 1. It is not liberty unless you live as you please : but servitude is not by nature , therefore liberty is . l. 5. D. de statu hominum . Instit. de jure personarum § . & libertas . For where na-nature hath an appetite , and proper tendency , it cannot deny to it self satisfaction ; whatsoever therefore is a law and a restraint to it , must needs be superinduc'd upon it : which nature her self cannot be supposed to be willing to doe ; and nothing had power to doe but God onely who is the Lord of Nature . — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It was God that gave justice to Mankinde : he made justice by his sanction : This was expressely the sentence of Cicero speaking of the law of nature : Est recta ratio à Numine Deorum tracta , imperans honesta & prohibens contraria : and again , Lex vera atque princeps apta ad jubendum & ad vitandum ratio est recta summi Jovis . The law of nature is a transcript of the wisdome and will of God written in the tables of our minds , not an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a product of experience , but written with the finger of God , first in the tables of our hearts . But those tables we like Moses 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 Moses 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 inclination it came to a firme persuasion and so to a law : 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 natural 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 . The sense of this is , that religion is the first and greatest bond of laws , and necessity is the next : For though many times it prevails more then religion , yet it is not alwaies incumbent , and that which is necessary to society , is inconvenient in some cases , and when power comes in , and need 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 Numa , Lycurgus , 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. 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 . A law of which a man sees a reason and feels a necessity : God is the lawgiver . Practical reason or conscience is the record , but revelation and expresse declaring it , was the first publication 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 . And this is the perfect meaning of those words of S. Paul [ but for the law I had not known sin ] that is , 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. Paul could not , neither could the Gentiles : their Nature was alike , and S. Paul had advantage 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 meerly by Nature . But yet a man may become a law unto himself : So S. Paul observes of the Gentiles who not having a law doe by Nature the things contain'd in the law , and so become a law unto themselves . So does every man who beleeves any thing to be necessary , though it be not so ; yet he becomes a law to himself , 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 aptnesses to justice and disposition to laws were concreated with their understandings . Well might they become a law unto themselves 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 , sanction 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 , directly or indirectly did intervene : testimonium reddente conscientiâ , so S. Paul , their conscience bearing witness : 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 . Thus S. Hierome a affirmes that Pharaoh knew his sins by the law of Nature : and of this it was that Tertullian b affirmed ; ante legem Moysi scriptam in tabulis lapideis , legem fuisse contendo non scriptam , quae naturaliter intelligebatur & à patribus custodiebatur : Nam unde Noë justus inventus est si non illum naturalis legis justitia praecedebat ? Unde Abraam amicus Dei deputatus , si non de aequitate & justitia legis hujus Naturalis ? by this the Fathers liv'd , by this Noah was found just , and Abraham the friend of God : 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 Antigonus in Sophocles , and which Apollonius did use against the edict of Nero. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . This is a thing which neither heaven nor hell hath taught by any new or express 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 . And therefore Philo saies , the law of nature is a law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 engraven in an immortal Understanding by an immortal nature . In this whole affair , God is as the Sun , and the Conscience as the Eye : or else God or some Angel from him being the intellectus agens did informe our reason , supplying the place of Natural faculties and being a continuall Monitor ( as the Jews generally beleeve , and some Christians , especially about three or four ages since : ) which Adam de Marisco was wont to call Helias his Crow : something slying from heaven with provisions for our needs . And the Gloss. and Gulielmus Parisiensis , and before them Maimonides , from whom I suppose they had it , affirme this to be the meaning of David in the fourth Psalme , Offer the sacrifice of righteousness ; it follows , Quis monstrabit ? Who will shew us any good ? who will tell us what is justice , and declare the measures of good and evil ? He answers , Signatum est super nos lumen vultûs tui Domine , thou hast consign'd the light of thy Countenance upon us , ut scilicet ( as it is in another Psalme ) in lumine tuo videamus lumen , that in thy light we may see light . The effect of all which is this onely , That God is our lawgiver , and hath made our hearts to be the Tables of the laws of nature , that they might alwaies 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 revelation , 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 he becomes a law unto himselfe : that is , he becomes oblig'd to God by the act of his own conscience ; 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 conscience into the notice and obedience of a natural law , the meaner the instrument is , the greater is the efficacy of the principal agent . The putting it into 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 entercourse with man have their portion in this effect . And when wise men say , this is naturally understood ; it must mean thus , naturally men find it reasonable , but not naturally to be a law : naturally they consent to it , but not naturally find it out , or naturally we may be instructed but not naturally bound : but when God changes science into conscience , then he makes that which is reasonable to become a law . But first or last , this way or another , it became a law onely by the authority 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 in Materta Naturali : 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 periods of the world , who made them laws actually by his command , which in nature are so onely by disposition . This latter reason is given by Alphonsus à Castro and by Wesenbech : the former is insinuated by Mynsinger defining the law of Nature to be quod natura , adeoque Deus ipse omnes homines in Creatione , prima quaedam praecepta & formulas honestatis docuit . But the latter of them I say is true onely of such as are the prime laws or rather rules of nature , and the general measures of vertue and vice . But as for the particular laws of Nature ( 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 Gratian , Jus naturale esse , quod in lege & Evangelio continetur , The law of Nature is that which is contain'd in the Law , and the Gospel : which saying he had from Isidore . It is necessary that this be rightly understood , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the Platonists call it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 religious that are of it , saying they are homines conspirantes in communem utilitatem ; and that they mutually make and give 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . So Christ is called by S. Peter and the Greek Fathers , he is the word of the Father and the law ; 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 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 Adam , to the Patriarchs , to the Prophets , still he spake by Christ , who was the Angel of the old Testament , and the Mediator of the New. He is therefore Verbum Patris ; by him he signified his laws and righteous commandements , and the law was given 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in the hands , that is , by the ministery , of the Mediator , who is one : that is Jesus Christ ; and this Tertullian affirmes . Christus semper egit in Dei Patris Nomine . Ipse ab initio conversatus est , & congressus cum Patriarchis & Prophetis : and again , Christus ad colloquia semper descendit , ab Adam usque ad Patriarchas & Prophetas , in visione , in somno , in speculo , in aenigmate , ordinem suum praestruens ab initio semper : & Deus internis cum hominibus conversatus est ; non alius quàm semo qui caro erat futurus . 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 Justin Martyr against Tryphon the Jew . Christ therefore was the preacher of this righteousness , and at last revealed all his Fathers will , which should never receive any further addition , diminution or alteration . The Novellae constitutiones , the inlargements and explications made by our Blessed Lord , together with the repetition of the old , that is , the Christian law , 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 appetites of our own Nature . But here it will be necessary to clear that great objection which will be pretended against this doctrine . 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 1. That it is evident that all that which any men call the laws of Na●ure is actually conteined in the books of the new Testament . S. Austin , H●●o de S. Victore , and Alexander 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 : Isidore 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 . Cicero 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 , &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 Hesiod , Pythagoras , Theognis , Phocylides , Epictetus , Cato , Publianus , and Seneca , we shall finde that they reckon many minute counsels which are deriv'd from naturall Principles , but yet stand far off of from the fountain : and some which they derive from the rights of Nature , not from her laws , but indeed are directly contrary . — Semper tibi proximus esto . So Cato , and Qui simulat verbis , nec corde est fidus amicus ; Tu quoque fac simules , sic ars deluditur arte . And that of Cicero , vindicationem esse honestam , 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 many of these as are laws , and bound upon us by God , are set down in the Scriptures 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 forme , and make the honesty and the justice of all the particular laws of Nature ; and what is not there provided for by special provision , or by general reason and analogy , is wholly permitted to humanelaws and contracts , or to liberty and indifferency , that is , where the laws of nature cease , there the rights of nature returne . 2. But secondly , 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 Nature 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 . This may seem new , and indeed is unusual in the manner of speaking : but the case is evident and Empirically certain . For when God commanded Abraham 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 Cain 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. For the laws of nature are in many instances relative to certain states : 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 same or equal circumstances and the matter unchang'd ) are eternal and unalterable as the Constitution of Nature . But therefore it was unwarily said of the learn'd Hugo Grotius , and of divers others before him , that God cannot change the law of Nature . For as S. Paul said of the priesthood ; that it being chang'd , there must of necessity be a change also of the law , 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 obligation is the same , and so is the relation to God , and the Natural religion . * 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 unjust ; 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 Nature 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 away the matter of the law , or the necessity or the reasonableness , or the obligation ( and all this he can doe one way or other ) it is not safe nor true to say , God cannot alter the law of Nature . * He chang'd the matter in suffering liberty to pass into servitude , * he made necessity in one instance , I mean , in the matter of incest in the case of Cain , and afterwards took it away : * he took away the reasonableness of the sanction by changing the case in the subduction or mutation of the matter , * and he took off the obligation in the case of Abraham and of the Israelites robbing their Neighbors . And therefore the Christian laws superinducing some excellencies and perfections upon humane Nature , and laying restraint upon the first Natural laws , 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 remaining upon the supposition of a greater reason . Thus to repell force by force is a right of Nature ; and afterwards it was passed into a law that Men might doe it ; that is , God expressly gave them leave ; and although it be not properly a law which neither forbids nor commands 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 a law , 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 this Right or Nature was but moderamen inculpatae tutelae , it left men defended sufficiently against injuries though it permitted 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 the law of Nature ; but was at first onely a right of Nature or a permissive law , but not obligatory ; and afterwards suffer'd some restraints : for that which suffer'd some , may suffer more : and as the right of nature was for its being restraind 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 right of nature when it is wholly taken from us be recompenc'd by Gods taking the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the power of avenging our quarrels into his hands . This right of nature being now almost wholly taken from us , part of it is taken up to God , and part of it is deposited in the hands of the civil power , but we have none of it ; onely by Christ's laws and graces our nature is more perfect , and morality is set forward , and justice and all our rights are secured ; but yet the law is changed . * 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 appears by the instances ) although it be especially and frequently true in the Jus naturae or the permissive law of nature , and in those not onely God but men also may make an alteration ; yet even in those laws which are directly obligatory , 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 . The case seems to be the same with eating and drinking which God hath made necessary for our life , 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 extraordinary 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 before 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 . 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 ; 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 . Duo cùm idem faciunt saepe , ut possis dicere Hoc licet impunè facere huic , illi non licet ; Non quod dissimilis res est , sed is qui facit . 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 cannot be abrogated , because it is that law which is fram'd proportionable to Mans Nature ; yet it may be derogated , 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 propositions and decrees 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 actions , and a bond upon persons which does suppose many things that can be changed : And therefore although the propositions 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 , The want of considering this , hath made difficulty in this question and errors in many . Every natural proposition is not a law : but those antecedent propositions , by the proportions of which laws stand or fall , are the measures of laws . They are rules , not laws : and indeed the rules of Nature are Eternal and Unalterable : that is , all those Natural and reasonable propositions which are dictates of prime reason , and abstract from all persons and all states and all relations : such as are God is to be honour'd : Justice is to be done : Contracts are to be affirm'd : Reason is to be obeyed : Good is to be followed : Evil to be eschewed . 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 . That we are to restore all that was intrusted to us , is a Natural law deriv'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 fiduciary from restitution . By the law of Nature relying upon the rule of performing contracts , clandestine marriages are valid and firme : but yet some Churches , particularly the Church of Rome in the Councell of Trent hath pronounc'd some marriages void which by the Rule of Nature , and afterwards by a law were rate and legal ; particularly , clandestine marriages , and marriages not clandestine by the ingress of one of the parties into Religion , as is to be seen in the eighth Session . By the law of Nature a testimony under two or three witnesses may stand , but in the case of the accusation of a Cardinal Deacon in Rome they require the concurrence of seven and twenty , of a Cardinal Priest sixty four , of a Cardinal Bishop seventy and two , and in England one shall serve the turne , if it be for the King. In Codicils the civil law requires five witnesses . In testaments there must be seven : when a controversy is concerning the eminency and prelation of excellent persons , fifteen are demanded . But if these 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 . Upon the account of these premises it follows , that it is but a weak distinction to affirme some things to be forbidden by God because they are Unlawful : and some to be unlawful because they are forbidden . 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 . So Ocham affirmes against the more common sentence of the Schooles ( as his manner is ) nullus est actus malus nisi quatenus à Deo prohibitus est , & qui non possit fieri bonus si à Deo praecipiatur & è converso : Every thing is good or bad according as it is commanded or forbidden by God , and no otherwise . For nothing is Unlawful antecedently 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 depends 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 whatsoever is a sin , is so therefore because it is forbidden , and without such a prohibition , although it might be Unreasonable , yet it cannot be criminal or unjust . 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 in being with all its circumstances , yet the law may be so changed that the whole action which was forbidden may become permitted , and innocent , and that which was permitted may become Criminal . I instance in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the conjunction of the neerest kindred , which once was lawful and ever since is become Criminal . The purpose of this discourse is this , that we look no further for tables of the law of Nature , but take in onely those precepts which bind us Christians 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 Christianity hath not interpos'd , we are left to our Natural liberty , or a Jus permissivum , a permission , except where we have restrain'd our selves by contract or dedition . RULE 2. The law of Nature is the foundation of all laws and the measure of their obligation . FOR all good laws , and all justice hath the same reasonableness , the same rules and measures , and are therefore good because they are profitable , and are therefore just because they are measured by the common analogies and proportions : and are therefore necessary because they are bound upon us by God mediately or immediately . And therefore Cicero defin'd vertue to be perfecta & ad summum perducta natura , or Habitus animi naturae modo rationi consentaneus , The perfection of Nature , or a habit of mind agreeing to Natural reason . But more expressly and full in his third book de legibus : lex est justorum injustorúmque distinctio ad illam antiquissimam & rerum omnium principem expressa Naturam , ad quam leges hominum diriguntur , quae supplicio improbos afficiunt , & defendunt & tuentur bonos . 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 moral 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 discovered 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 temporal regards before their contraries . Adde to th●s , 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 propositions of Justice , common Utility and Natural necessity . And therefore supposing 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 common utility in the world , and as a particular reason is conteined in the Universal , so is the particular profit in the publike , saluti civium prospexit quâ intelligebat contineri suam , said Torquatus in Cicero , and so it is in laws . In the observation 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 every civil constitution there is something superadded ; not to the reasonableness or justice , but it is invested with a body of action and circumstances . 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 proprium , id est , civile efficiatur , said Justinian : 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●l : and another , leges positivae repetunt Jus Nature quum leges sive pactiones quae sunt Jura attingunt utilitatem & scopum Naturae ; 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 . But from hence it follows that the law of Nature is the onely rule and measure of all laws , 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 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 Laelius in Cicero is very pertinent : viros bonos appellandos esse putamus qui assequuntur quantum homines possunt Naturam optimam rectè vivendi Ducem . 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. RULE 3. The first and greatest band of the law of Nature is fear of punishment . 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 , Omne malum aut timore aut pudore Natura suffudit , said Tertullian . Fear and shame are the waiters and handmaids of every sin which Nature hath provided for it . 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 establishing this law hath appointed a Court within us , a severe judge who will not spare , a wise discerner who will not be deceived , an exact remembrancer which never forgets any thing that can doe the greatest mischiefs , a just witness 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 executioner of the delinquent and sinning people . The stings of Conscience and fear of the Divine vengeance , is this evil which Naturally restrains us : it is the greatest restraint , because it is the greatest of evils , and it is Unavoidable , and it is Natural . I will not adde it is lawful to abstain from evil for fear of punishment , but it is necessary , and it is Natural , and that is more ; and this is it which Epicurus taught , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; which although Plutarch 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 appointed to restrain evil actions , but a fear of those evils whose apprehension God hath made necessary and congenite 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 necessary being and providence . There is another kind of fear of punishment , 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 : Such as was that of Thrasymachus in Plato . Nihil esse melius quàm facere injuriam neque poenas dare , nihil pejus quàm pati nec posse Ulcisci ; medio autem modo se habere Justitiam , cùm quis nec facit nec patitur , quod ut fiat , esse optabile ; sed nempe imbecillibus quorum proinde interest pacisci aut servare pacta , non autem valentioribus , qui si viri fuerint ac sapuerint , nullatenus pactum de injuria non inferenda accipendave sint inituri . 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 unjust , 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 . Against this it is that all wise men in the world doe speak , Vos autem nisi ad populares auras inanésque rumores recta facere nescitis ; & relictâ conscientiae virtutísque praestantiâ de alienis praemia sermunculis cogitatis , said Boetius in indignation 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 , Oderunt peccare mali formidine poenae . and against such civil laws are made : Justis lex non est posita , saith S. Paul , the law is not made for the righteous , but for the wicked . If the sons of Israel had continued pious as Abraham , Isaac , and Jacob were , the law should not have been given to them as it was upon Mount Sinai ; but the necessities of men brought a law upon them , and that law a punishment , while good men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Zenocrates in Laertius said of the Philosophers ; they doe it Sponte suâ , veterísque Dei se more tenentes . for the love of God ; by choice and delight in the actions of vertue they doe excellent things , Plúsque ibi boni mores valent quàm alibi bonae leges , as Tacitus said of the old Germanes . Good manners prevail'd more then good Laws . Thus did the Patriarchs , and therefore they needed not a law . Vetustissimi mortalium nullâ adhuc malâ libidine , sine pretio , sine scelere , eóque si●● poena & coercitionibus agebant : neque praemiis opus erat , cùm honesta suopte ingenio peterentur : & ubi nihil contra morem cuperent , nihil permetum vetabantur . Our forefathers desir'd nothing against honesty and justice and therefore were not forbidden any thing by the instrument of fear . But therefore the civil and positive law is not made for all those men who have other restraints ; 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 Epicurus in Stobaeus said not amiss : laws were made for wise men , not for fear they should doe ill , but lest they should suffer evil from the Unjust . And yet even the wise and the good men have a fear in them which is an instrument of justice and religion ; 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 notices of things , and the fear of doing a base thing ; a fear to be a fool , and an evil person . Mi natura dedit leges à sanguine ductas Ne possem melior Judicis esse metu . said Cornelia in Propertius : 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 republikes : 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 : — Imposito tenerae custode puellae Nil agis : ingenio quaeque tuenda suo est . Siqua metu dempto casta est , ea denique casta est ; Quae quia non liceat , non facit , illa facit . 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 secur'd . * Cicero puts a case to 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 dies and leaves his inheritance to his daughter Posthumia , and intrusts his friend Torquatus with it , but privately , without witness , without consignation of tables : will Torquatus who is a Feoffee in private trust restore this to the child when she shall be capable ? Yes ; Torquatus will , and Epicurus will , and yet Cicero had scarce a good word for him , whom he hath fondly disgrac'd during all ages of the world , weakly and Unjustly : but the account he gives of it is pertinent to the rule : Nónne intelligis eò majorem esse vim naturae , quod ipsi vos qui omnia ad vestrum commodum , & ut ipsi dicitis ad voluptatem referatis , tamen ea faciatis quibus appareat , non voluptatem vos , sed officium sequi , plúsque naturam rectam , quàm pravam rationem valere . 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 pleasure or profit , and right nature rather then evil principles . The reason of this is , 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 mischiefs 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 , the very unnaturalness it self were a very great matter , S. Basil said well , ad omnia quae descripta à nobis , à Deo praecepta sunt , consequenda , naturales ab ipso facultates accepimus . 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 condition ( 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 our mouth which was intended for eating and drinking and gentler breathings . 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 Seneca : Male de nobis actum erat quòd multa scelera legem & Judicem effugiunt , & scripta supplicia , nisi illa naturalia & gravia de praesentibus solverent & in locum patientiae timor cederet . 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 , fear is the bridle : but it is an honest fear , a fear of God and of natural disorders and inconvenience . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Clemens of Alexandria calls it a righteousness 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 Sophocles . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 : so both the Christian and the Heathen 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 God is a rewarder of all men according to their works . Consequent to this is the love of Vertue . RULE 4. The second band of vertue is love , and its proper and consequent deliciousness . THis is not wholly Natural , but in much of it is Empirical , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proceeding from the grace of God , and the experience of the deliciousness and rewards of vertue , and the excellency of a greater hope which does entertain our spirits in the outer courts of pleasant expectations : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as both Aristotle and Xenocrates 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 . Now this , I say , is not Natural , that is , although it be agreeable to Nature , yet not primarily introduc'd by it , without a Tutor , because Nature forbids injustice , but does not command justice , but secondarily and by accident and upon supposition of other contingencies . To doe injustice is alwaies a sin but not to doe a justice is not alwaies . For a man may depose the person of a Judge , or a trustee , or a delegate ; 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 colick ; and so insensibly grow in love with justice , that they think they love justice for justice sake . Ipsa sui merces erat & sine vindice praeda . Concerning which it is fit we consider a little least it become the occasion of Scruples and nice opinions . Antigonus Sochaeus an old Jew was fam'd for saying , 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 recompences , and let the fear of God be upon you : Baithus and Sadoc his Disciples , 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. Austin said well , Sublatis aeternis praemiis & poenis verum staturum à partibus Epicuri : Sensual pleasures were highly eligible , and not vertuous sufferings , if in this life onely we had hope . 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 Martyrdome there is no Natural or sensitive pleasure , and that it cannot be lov'd for it self , but wholly for its reward , will find themselves put into fear where no fear is , and that a nequam humilitas an unworthy opinion of their duty shall affright their peace and holy confidence . Peregrinus the Philosopher in A. Gellius express'd this love of vertue for it self , thus ; Etiamsi Dii atque homines ignoraturi forent ; to doe good though neither God nor Men should know of it : but as this is impossible in fact , so it is in speculation ; for there were no such thing as vertue , if it were not relative and directed to God or Man : 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 this , they are so taken with that ; like a man that chooses a wife upon many considerations , as portion , family , hopes and beauty ; yet when he hath convers'd long with her and finds her amiable and fruitful , obedient and wise : he forgets all other considerations , 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 them ; but they are violent and unnatural : others are perfective and lov'd , and they will continue and encrease by their own principle if they be not hindred . This is the love of vertue , that is , fear , or it may be hope ; save that hope is a thing between both , and is compounded of both , and is more commendable then fear . 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 good in it , because he finds good by it , 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 . 2. Vir fortis & justus… . in summa voluptate est & periculo suo fruitur , 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 without trembling and uncertainty he will dare to die , facere recte piéque contentus ; and if you tell him this reputation which he gets of his Citizens will die almost as soon as he shall die ; he answers , all those things are without the nature and consideration of my work : Ego ipsum contemplor , hoc esse honestum scio : I look upon the work it self and find it honest , and that 's enough ; meaning secretly ; that though these outward rewards were pared off , yet there are secret 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 . 3. They are pleased with the vertue it self , and their soul is as much delighted 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 mankind , 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 reward . 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 reason and inducement , without any argument to move his affections . 4. For there can be but two causes of amability in the world , Perfection and Usefulness , that Beauty and Profit ; that in the thing it self , this as it relates to me : Now he that saies , a man may love vertue for its own sake without 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 if he desires either , it is because it is profitable or useful to him , and hath something that will delight him , it cannot else possibly be desir'd . Now to love vertue in the first sence is rather Praise then love an act of Understanding rather then of the Will , and its object is properly the perfections of the flower or the vertue respectively : But when it comes to be desired , that is , lov'd with a relation 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 . The question being thus explicated , it follows , that to love vertue for vertues sake , is so far from being the honour of a good and perfect man , that it is the character of an evil man , if it goes no further . For it amounts to nothing but this that the understanding is convinc'd of the worthiness of it , — video meliora probóque . — it is that which S. Paul calls a delighting in the law after the inner man. * But it is a Relative , Material , Practical love of vertue that makes a good man ; and the proper inducement of that is also Relative , Material and Practical . Est profecto Deus qui quae nos gerimus Auditque & videt . Bene m●renti , bene profuerit , Male merenti par erit : said the Comedian , God hath so endeared justice and vertue to us , that he hearing and seeing all things , gives good things to them that doe good things ; but he will be even with the evil man. 5. Lastly , To love vertue for vertues sake , is to love it without consideration of humane rewards , praise of men honours , riches , rest , power , and the like , which indeed are the hinges of most mens actions . Cura quid expediat , prior est quàm quid sit honestum , Et cum fortuna státque cadítque fides . Nec facile invenies multis de millibus unum , Virtutem pretium qui putet esse sui . Ipse decor recti , facti si praemia desint , Non movet , & gratis poenitet esse probum . Nil nisi quod prodest charum est . 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 exclude 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 glory is the perfection of Grace ; 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 little while 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 perfection 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 promises to doe our duty . Now that even good men , even the best men , even all men have an habitual 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 Moses who despised to be called the son of Pharaohs daughter , because he had an eye to the recompence of reward : and by the instance of all those brave persons whom S. Paul enumerates in the eleventh Chapter to the Hebrews ; who all died in faith not having received the promises ; but they look'd for better , even such as were to come ; and beyond all this ; Our Blessed Lord himself , despis'd shame and endured the Cross ; but it was for the glory that was set before him . 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 . The summe is this ; Although in Nature herself , and in the Conscience relating to her , there is a Court punitive and a fear of God , yet the expectation 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 revelation , and by grace . RULE 5. The imperfection of some provisions in civil laws are supplied by the Natural obligation remaining upon persons civilly incapable . 〈…〉 WHen laws make provision of cases 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Nature as the common Parent of all justice and necessary obligations , takes the case into her protection . This happens in many cases : 1. Humane laws give measures of things and persons which fit most men without a sensible error , 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 contract 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 made , or done , or chosen ; but they not bound to stand to it , by the civil law : and yet if they can choose they are naturally obliged . Both of them are necessary : The civil law cannot provide but by common measures Quos ultrà citráque nequit consistere rectum . 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 fewest 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 necessary 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 , Conscience , can take accounts ; and therefore this abundance 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 . And therefore Cicero said well , Si regnante Tarquinio 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 , & ad rectè faciendum impellens , atque à delicto avocans . There was no civil constitution against rapes , but Tarquin ought not to have done it ; for there was an eternal law against it . For right reason proceeding from Nature 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 become 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 . Young persons of twelve or fourteen years old can be sav'd or damn'd , 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 , ut levamen his , aliis sit onus , as S. Paul in a like case , that they be eased and others burdened . For although the other Contractor be sufficiently warned to take heed of the Minor , yet there may be need in it , or charity , friendship or Confidence ; all or any of which if they might be deceived the Minor would suffer often , but the other Contractor but once . Therefore as the Civil law secures them from harme , so the law of Nature 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 understand 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 . 2. Sometimes both parties can contract : but because they doing it without witnesses , may recede from it , either consentigly 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 oppressed 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 some places declared Null . Where they are nulled , Nature is defeated in making provisions and the parties are warranted to doe a mischief . For if Mauritius and Cluviena contract marriage ; and Mauritius repent his bargain where shall Cluviena 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 Rome who in the eighth Session of the Councel of Trent declares all clandestine contracts to be null , and their mixtures to be fornication and uncleanness . But they have overacted their zeal against a temporal inconvenience , and burn their house to roast an egge ; 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 , then they cannot rescind them : if they be not naturally valid , since they were alwaies positively forbidden , why were they esteemed 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 recede : 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 remain'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 contract 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. 3. Some pretend to doe a greater good , and to doe it , break a contract justly made : and if the civil constitution allowes it , the law of Nature r●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 Temple , and thought that their voluntary religion excus'd from their Natural duty . The Church of Rome gives leave to either of the persons who are married solemnly , and contracted rightly to recede from their vow and enter into religion , 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 lawful 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 . 4. Hither also are to be reduc'd , 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 . But it is proper to discusse a difficult question which intervenes upon this rule . 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 . Sempronius dying leaves Caius his heir , and gives but a small portion to his son Porcius , but declares this by an Unsolemne Testament . The like may happen in all donations and actions to which any solemnities of law are required . Quest. THe question is , Whether the Estate be due to Caius by the law of Nature , or is not Porcius the son to be releeved by the civil Constitution which makes the Unsolemne Testament to be invalid ? To this it is commonly answer'd , That to make a Testament is not a law of Nature , but a right onely , 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 necessary , is also just ; if the necessity be publike , real , and unavoidable by other means : and if it be just , the publike power hath sufficient authority to restrain any mans right for every mans good . 2. Every sentence of the Judge in a clear case that binds in law , does also bind in Conscience ; but if the Judge of civil actions did know that Sempronius really did appoint the stranger Caius his Heir , yet by the law he were bound to declare for the son Porcius , and that the real unsolemne Will of Sempronius were to be accounted nothing : So that although the Law were made to prevent 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. Paul ; Let every soul be subject to the higher powers . And therefore if the law be good and the Judge just in giving the inheritance from Caius to Porcius , certainly Caius must needs be unjust if he detains it . 3. And this very thing is consented to in the Canons of the Church , which are usually fram'd , and ever to be presum'd ( ubì contrarium non constat ) 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. 4. For since every act of man consists of the potestative and elective faculties , if either will be wanting , or power , the act is invalid . It is not therefore enough though the will be manifest and confessed ; for if the man have no power , his will is ineffective . But this opinion though relying upon fair probabilities and great authority , 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 quoad exercitium actûs ; 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 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 Chancery , for considerations of piety , and religion . And therefore although in the case put , Porcius who is the natural Heir of Sempronius , is to take the advantage of the civil law against Caius ; yet if Sempronius had made an Unsolemne 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 , Porcius the son hath as much Natural right to inherit , as Sempronius 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 . When therefore any thing of the law of Nature is twisted with the right of Nature , there is an obligation past which the civil constitution cannot annull . As if Sempronius command his son in an Unsolemne Testament , in private and without witnesses to give such a legacy to Titius his Nephew ; although Titius 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 Sempronius 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 Conscience . And this was rarely well affirmed by Pliny : Hoc si jus aspicias , irritum ; si defuncti voluntatem , ratum & firmum est ; mihi autem defuncti voluntas ( vereor quam in partem Jurisconsulti quod dicturus sum accipiant ) antiquior jure est . 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 Antonianus ; 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 Testamento , à me tamen ut confirmati observabuntur . Every one that knowes any thing knowes that in law Unsolemne Testaments are invalid : but I have another law of my own , if I know it was really the will of the Dead , I will verifie it though it want the solemnity of law : and this also was affirmed by Innocentius , saying , Electionem quae juri naturae consentit , licèt non serventur , juris solennitates tenere . cap. Quod sicut : de election . And there is great reason and great piety in this sense of the question ; 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 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 contracted person is bound to perform privately what the other cannot challenge publikely : and this is not obscurely intimated by the law : L. hac consultissimâ C. detestam . Ex imperfecto autem Testamento voluntatem tenere defuncti non volumus , nisi inter solos liberos à parentibus utriusque sexus , viz. nisi liberi in sola dividenda haereditate voluntatem habeant patris , saith the Gloss. And for the confirmation of all this , it is remarkeable that they who affirme an Unsolemne Testament to be utterly invalid , and that the law of Nature 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 Imola , Ananus , Antonius Rubeus , Covarruvias 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 medium 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 . For although the question is probably disputed on both sides : 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 regarded 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 directly , there God is to be obeyed whatever be pretended by Men : but if God hath onely bound indirectly and collaterally , 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 . Thus if a Pupil makes a contract in his minority to his ruine , or signal detriment : 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 inferring it . Another way is , If the Minor receives advantage by the bargain ; then there is equality ; for the want of his Natural capacity is supplyed by the advantageous matter , and therefore such contracts are valid though the one of the Contractors be legally incapable . But 3. If the bargain give some advantage on either side , 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 inequality . But 4. Neither one nor the other is to be done , nor the Contract to be rescinded 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 naturally as well as civilly : and the Civil constitution does no way interfere with the Natural , but Ministers to it ; making the natural instance even with the Natural reason : 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 . But in General ; the Rule is true which Panormitan affirmes in prosecution of what I have now disputed ; Quando jus civile aliquid disponit contrà jus Naturae , standum est juri Naturae : and in particular to this very instance of Unsolemne Testaments P. Alexander 3. being asked whether according to the custome that was in the Diocess of Ostia a Will could be valid which was not attested by seven or five witnesses at least , gave in answer , cap. cum esses . de testatales leges à Divina lege & Sanctorum Patrum institutis & à generali Ecclesiae consuetudine esse alienas ; & ideo standum esse contra illas juri Naturali , secundùm quod in ore duorum aut trium stat omne verbum . 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 * : viz. when the innocent and equal state of Nature to which such simplicity or small duplicate of testimonies were sufficient , 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 . Lastly , 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 ipso facto 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 advantage 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 being 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 . 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 malice of the sinner . THis rule is intended to remedy a great error that is in the World and prevails very much to the abuse of Mens perswasions in many cases of Conscience ; viz. that all sins which are Unnatural are the worst : and to be a sin against Nature is the highest aggravation of it in the world : which if it were true in thesi , 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 Natural rights , and Natural wrongs , 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 murder or blasphemy ; without any other reason , but that they have called them Unnatural sins . Concerning which these things are considerable : 1. All sins against Nature are no more the most detestable then all sins against God : because if the Kind of sins , or the General reason or object of its irregularity were all that were considerable in this , nothing could be the aggravation of a sin more then this , that it were against God. Now because all sins are against God , and yet amongst them there is difference , the greatness of this appellative is not the onely thing that is considerable . But this is , that as all sins are against God , so all are against Nature , 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 Natural : 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 things so constituted , to be reasonable . All voluntary pollutions are sins against Nature ; because they are satisfactions 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 dishonours 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 against Nature , does onely denote its material part , or the body 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 Unnatural : but they have their heightnings and diminutions from other accounts , and in this they have variety . * And it is observable that there were some laws made concerning some of these and the like instances in the judicial law of Moses : but none in the Moral : 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 proportions then such casual appellations . 2. The breach of a Commandement is a surer rule to judge of sins then the doing against a Natural reason . For there are many things which are Unreasonable which are not Unlawful : and some things which are in some circumstances 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 Unlawful , 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 reasonable 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 June and December ; 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 . 3. When the Measure of the Commandement is observed , the degree of the sin is not to be deriv'd from the greatness nor smalness of its Unreasonableness in its own Nature , nor yet by its contradicting a prime or a secondary reason . The reason of the first is , 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 . * The reason of the second is , 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 fitted , but the reason from thence receives no increment , nor the fact any alteration . And this is also true whether the reason be known to us with or without a teacher . 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 of ignorance in such cases : So that sins against prime or secondary truths , against truths Original or Consequent truths born or taught 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 . RULE 7. Actions which are forbidden by the law of Nature either for defect of power , or for the incapacity of the matter , are not onely unlawful but also void . THIS is true in contracts , 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 . Titius intends to marry Cornelia'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 incapacity of the person . Upon this account the Lawyers amongst the causes of the Nullities of marriage reckon Error personae , 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 Millenia 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 ; whether 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 after Nature 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 if a man contracts upon certain conditions , the contract is void if the conditions be not verified ; and for those things which are present and actual he can contract , but not for what is future , contingent and potential . 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 condition 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 can be contracted for , and be actually 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 nature , but that which is a natural incapacity : and therefore if a Gentleman 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 upon 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 Mosaick law 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 . The other natural cause of invalidity is when the contract is made by him who had no power naturally to make it . This happens in case of precontracts . Spurius Fescennius 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 Publius Niger dies , and leave his widow young and rich and noble ; which advantages Fescennius observing , growes in love with them and in a short time quits his pretty Greek , and marries 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 former power . For in all moral actions there must be a substantial , potestative 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 received 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●● , the agent must be so too , if the effect be gracious and precarious , so must t●● 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 : he cannot doe one action twice . But this is to be understood onely after the actual cession of the power and active principle ; not after promises but after possession . Therefore if Fescennius was onely contracted or promised for the future though he sin'd grievously in afterwards contracting with the other , yet it is valid . For a promise take● not away our dominion in a thing , but obliges us to use it in a certain manner ▪ Bartolus appoints his Cosen Ancharanus 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 the power be past from us , as if Fescennius were married to the Greek , he had not himself to give ; for as he in the Comedy said of servants . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 . 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 . HE that contracts a marriage with his Fathers wife , 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 law of Nature whose prime rule is to doe good and to eschew evil cannot verifie an act which prevaricates her greatest principle . Nature cannot give leave to sin against Nature ; it were a contradiction : for then the same thing should be according to Nature and not according ; and this is expressly affirm'd in the law ; Quod leges prohibent , si perpetuam causam servaturum est , cessat obligatio : ut si sororem sibi nupturam aliquis stipuletur . 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 . This is to be understood onely in things forbidden by the law of Nature , 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 a Divine law : but if he have contracted against a humane law ; 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 Rome 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 against law or leave , but they sin'd then onely ; for the after actions being no sins , cannot be invalidated . And yet if the contract be made against a Divine law , 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 fornicatitions 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 . In all other cases , 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 . The summe is this ; Where ever there is power , and will , and in the permanent effect consonancy to the prime measures of Nature , there the actions are valid , though they entred at the wrong door . But , He that wants power , 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 . He that wants will , wants also an integral part of the constitution of the act , and does nothing . But when he hath 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 . RULE 9. The law of Nature can be dispensed with , by the Divine power . I Am willing publikely to acknowledge that I was alwaies since I understood it , 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 remonstrate 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. But in order to the present inquiry ; it is to be observed that Gods dispensation is otherwise then Mans dispensation ; 1. God is the supreme Lawgiver , and hath immediate power and influence over laws , and can cancell these , and impose those , new or old as he please . By this power it is that he can relaxe to particular persons their personal obligation quoad hic & nunc & sic ; and if he does , the law still remaining in its force and power to other persons and in other cases , this is properly dispensation . 2. God is the supreme Lord , and can transfer dominions and take away Kingdomes , and give them to whom he 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 dispensation ; but improperly . 3. God also is the supreme Judge , 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 obligations 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 Dispensation , 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 directly , by his legislative power without using his judicative and potestative , he who does it as an act of direct jurisdiction , not as a Lord , or a Judge , but as a Lawgiver : Now say they , God does never as a Lawgiver cancel or abrogate any law of Nature : but as a Lord he transfers rights , and as a Judge he may use what instruments 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 . 1. That this is doing the same thing under another manner of speaking , 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 unlawful to lawful be that which the Lawyers in their words of art and as they define it call Dispensation : for in matters of Conscience , 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 methods , 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 . 2. That the doing of this by any of the forenamed instruments or waies is a dispensation and so really to be called , 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 pityable , 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 , 3. In Divine dispensations God makes the cause ; for his laws are so wise , so prudent , so fitted for all needs and persons and all cases that there is no def●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 introduces new causes of things , and then he gives leave to men to finish his designes 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 without cause 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 : Therefore 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 unlawful by Nature or first sanction ; this is a direct dispensing with single persons in the law of Nature . And to say it is not a dispensation , because God does not doe it by an act of simple jurisdiction , but by the intertexture of his dominative and Judicial power , 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 administration 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●adventure 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 ▪ 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 Miracle ; 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 happen 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 return into her own channel , and her laws into their proper obligation . 4. But now to the matter of fact that God hath dispensed not onely by subtraction or alteration of the matter , but by direct jurisdiction , that is , as he is a Judge , and a Lord , and a Lawgiver even in all the waies in which dispensations can be made appears in several instances . 1. That the marriage of one Man and one Woman is by the law of Nature , 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 Moses permitted divorces , and God and Moses his servant permitted Polygamy when there was no necessity , no change of the matter or of case , but only that men had a mind to it . For if the conjunction of male and female was established in singulari conjugio 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 dominion from jurisdiction , and the power of a Judge from that of a Lawgiver , I mean when both are supreme , and the power of a Lord from them both , is a distinction without real difference : for as he is our Lord he gives us laws and judges 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 Cain 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 dominion or of Judicature in this , but it was the act of a free Agent ; and done because God would doe so ; whether this be jurisdiction or dominion , let who can determine . 2. But in some things God did dispense by changing the matter , using that which men are pleas'd to call the right of Dominion . Thus God did dispense with Abraham 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 Isaac's life , and might take it away himself , and therefore it was just : but when he gave Abraham 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 neighbours . God dispensed with them in the matter of the sixth and eighth Commandements : for it is not enough to say , That God as Lord of lives , and fortunes , 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 intrusted 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 commissionated 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 Dispensation . 3. The third way of dispensing is by applying the power of a Judge to a certain person or community , 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 expose 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 command 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 dominion or judgement 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 declaration warrants it , then it may be done . Thus God as a Judge and being angry with David intended to punish him by suffering his Concubines to be humbled by his son in the face of all Israel , but though he did it justly ; yet because Absalom had no command or warrant to doe what God threatned he was criminal . But Jeroboam and Jehu 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 became 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 warrant the Subjects to strike , but an express command of God. Thus I conceive the thing it self is clear and certain ; but for the extension 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 Negative precepts are indispensable ; but not the affirmative . 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 because 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 . But though it be hard to tell how far this dispensation and Oeconomy can reach , and to what particulars it can extend , because Gods waies are unsearchable , and his power not to be understood by us ; yet since our Blessed Saviour hath made up a perfect Systeme of the Natural law , and hath 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 indispensable and what not : and the measure by which alone we can guess at it is this , Every matter from whence the ratio debiti , or cause of the obligation can be taken is dispensable . 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 . But in that essential duty which his creatures owe to him the case is different ; for though God can exact more or fewer instances of affirmative duty , 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 . Now if it be inquir'd to what purposes of Conscience all this inquiry can minister ; the answer to the inquiry will reduce it to practice ; for the proper corollaries of this determination of the question are these . 1. That our duty to God is supreme ; 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. 2. That in the Sanction of the Divine laws the reason obliges more then the letter : 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 , that in the thing , this in God , 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 letter and the reason 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 otherwise but contrary 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 twisted 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. 3. It hence also will follow , that if an Angel from Heaven , or any Prophet , 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 until God changes his own establishments , and turns the order of things into new methods & dispositions , the natural obligations are sacred & inviolable . 4. From the former discourses it will follow , 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 capable , 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 never 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 . RULE X. The law of Nature cannot be dispensed with by any humane power . THe reason is , 1. Because Nature and her laws have both the same Author , and are relative to each other ; and these as necessary to the support 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 equal or the same , or superior 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 reason : 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 . But because wise men have publikely said it , Per jus Gentium & Civile aliquid detrahitur de jure Naturali , 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 . 1. Whatsoever is forbidden by the Natural law cannot be permitted by the Civil ; because where the highest power hath interpos'd , there the inferior and subordinate hath no authority : for all it hath being from the Superior , 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 . 2. Whatsoever is commanded by the law of Nature cannot be forbidden by the Civil law ; 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 . 3. That which the law of Nature hath permitted , and no more , may be made up into a civil law , or it may be forbidden , according to that rule in the law , Quod licitum est ex superveniente causa mutatur , 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 indifferent , in Nature we call a right : 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 concerning 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 Natural liberty , community , powers of revenge , of taking any thing , of killing any man that injures me . 4. That which is confirm'd by the law of Nature , may by the civil power be altered and dispensed with : which happens in two cases . 1. When the obligation supposes a foregoing act of the will , and is arbitrary in one of the terms of relation . Titius owes 1000 l. to Caius ; and by the essential or Natural laws of justice is bound to pay him : but because this supposes a private right in Caius , upon whom there is no restraint but he may use it , or let it alone ; therefore Caius being at his liberty may refuse to use his power of demanding the money of Titius , and forgive it him ; and if he doe , Titius , although bound by the Natural law to pay him , is by the private power of Caius dispensed with . Because in obligations as in arguments , 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 . 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 & necessities , & 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 relaxed : 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 obligation may cease in the foregoing cases : For even Judges are said to dispense by interpreting the law , and applying that interpretation to particulars . 5. The civil law can extrinsecally change the Natural law . 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 , & 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 & 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 , & 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 . Trebonianus swears to pay homage and acknowledgment for his Villa of Ramola , and the Royalties of Panizza , to his Landlord Calander and to his Heirs for ever : by the laws of Nature he is now oblig'd ; but if Calander 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 Nature cannot bind him to that which is not , the matter of the obligation is subtracted , and therefore he is disoblig'd . The summe is this : When Natural and prime laws are in prime & Natural instances whose matter is unchangeable , there the law of Nature cannot 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 contract , cession , condition , particular states , or any act of will , 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 immortal soul does from the body . Thus we say that Gods gifts are without repentance , and his love never fails , & his promises are for ever ; and yet God does take away his gifts , & does repent of his loving kindnesses , & 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 . 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 horrible folly without any pretence of reason ; and the thing by its chiefest Patrons seems not at all to be understood . For since the rules of Nature are unalterable 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 , &c. the law is 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 Jordan 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 . But 2. Sometimes the matter changes alone , or is chang'd to our hand , as in conditional contracts ; and in this case the law ceases , and the obligation goes off as to that particular . 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 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 ; & he that does so , saies he can doe more then ( as many of the most learned Romane 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 Nature : But it is certain that for this there are no words of Scripture . But 2ly , 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 ; & that the Pope is the wisest man , or the onely wise man , it is also certain that there are no words of Scripture to affirm it . But besides this in cases of this nature , 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 matter of it self dispenses with the law . But 3ly , 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 corroborated 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 actions and fortunes , and the wills of others and the contracts of men ; that is , in effect , 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 rescinded against the will of the interested person : and if he can have any such power 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 , & temporal regard : and therefore for this no words of Scripture can be pretended , because no words of Scripture of the New Testament ever did transfer an Empire , or temporal power to a spiritual person 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 publick necessity or utility , of which by reason and the laws they are made competent 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 contracts 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 Rome is of another consideration . 6. The civil law can adde to the law of Nature ; not onely new obligations by affixing temporal penalties ; but by requiring new circumstances to corroborate and consummate an action : not that the civil law of a Prince or Republick 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 witnesses and Judges and executioners and laws and penalties to exact the performance 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 therefore that the contract must be solemnly publish'd before it be civilly firme . 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 before 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 Conscience , 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 civilly null before publication ; but in our religion we beleeve it obligatory in Conscience , and ●hat it must come into publication . But by the laws of Rome the whole contract is nullified , and the persons disoblig'd , and the marriage after consummation i● 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 denied . For the confirmation of a Natural contract nothing is necessary but a Natural capacity not hindred by the Lord of Nature . Whatsoever therefore is superinduc'd upon Nature cannot disannul that to which all things competently 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 addition and superfetation ; but they may not violate them by irritation . 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 . THIS depends upon the foregoing discourses and is Consequent to them . For the severall dispensations in the law of Nature being wrought by the change of their subject matter , the rule can never be chang'd ; because that is eternal and is abstract from matter ; but the law 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 alters 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 otherwise : 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 every rule 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 relation 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 single 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 . This hath no other variety in it , 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 Caius 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 . RULE 12. The exactness of Natural laws is capable of interpretation , and may be allayed by equity , and piety , and necessity . WHatsoever can be dispensed withall , is either dispensed with by an absolute 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 proportionable cause ; If it may be dispensed with , it may also be interpreted by equity ; for this is less then that 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 piety that I forbear to goe with so great an inconvenience . Surgam ad sponsalia quia promisi , quamvis non concoxerim , sed non si febricitavero : subest enim tacita exceptio , si potero , si debebo : said Seneca . There is an equity and a reasonableness in all these things . Effice ut idem status sit cùm exigitur , qui fuit cùm promitterem , If the case be when I am to performe as it was when I promis'd , then I am bound pro rata portione ; that is , 1. If it become impossible , I am wholly disoblig'd . 2. If it become accidentally Unlawful ; I am dispensed with . 3. If it become intolerably inconvenient , I am in equity to be relieved . 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 . Destituere levitas non erit , si aliquid intervenerit novi . Eadem mihi omnia praesta , & idem sum . It is not levity when I am the same , but my powers and possibilities are chang'd or lessened . But this is to be understood and practis'd with these limitations : 1. Not every change of case can excuse or lessen , 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 . 2. If the cause does not continue , the first equity does not disannul the obligation , but defers it onely , and it returnes when the cause ceases . 3. The obliged person as he is not wholly disoblig'd for the time , so neither for the thing it self ; for if it be matter of interest , though without violation 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 . 4. If the cause be less , 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 Brothers need or sad accident . But if it be less , then the interpretative leave 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 . This rule is to be understood principally in matters of justice , and relative entercourses : for in matters of religion and sobriety the case is different : because in Natural religion and natural measures of sobriety which are founded in prima natura 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 . 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 . RULE 1. When the law of Jesus Christ was established , the old Testament , or the law of Moses did no longer oblige the Conscience . THE Doctors of the Jews say that at the command of a Prophet , 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. Thus at the command of Joshua the children of Israel brake the precept of the Sabbath at Jericho , and Samuel and Elias offer'd sacrifice in places otherwise then the law appointed , and the Priests in the Temple did kill beasts and labour'd upon the Sabbath and yet were blameless : and Circumcisio pellit Sabbatum , was their own Proverbe , on the Sabbath they circumcis'd their infants ; and the Prophet Jeremie was author to the Jewes in secunda domo , that is , after they were taken captive that they should change their computation by moneths , and not begin with Nisan . For God being the supreme Lawgiver hath power over his own laws ; 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 immutable 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 Abraham that he should kill his son , and when he had established the law of Moses , it was in his power , without any imputation or shadow of change to give the world a New law , and a better . To this purpose our Blessed Lord was indued with power from on high to give a new law ; for he was a great Prophet , and did many and mighty miracles , 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 Moses law the rites were troublesome and imperfect , chargeable and useless , not able to wash away sins , nor to perfect the Spirits of the Saints ; it exhibited nothing substantial , but by shadows pointed 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 Moses and David , 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 Moses as by the lawgiver of whom Origen speaks , who being asked if he had given to his Citizens the best laws ; he answer'd , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not absolutely the best , but the best he could , considering the incapacity and averseness of his citizens : so did Moses ; 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; If other lawgivers ( saith Porphiry ) regarding that middle kind of life which is said to be according to Nature , 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 ? 1. For first it is certain , God himself did permit some things in Moses law which himself had no pleasure in : I instance in the matter of divorces , of which God by the Prophet sayd , I hate putting away . 2. The promises of Moses law , in which the whole obedience was established 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 openly of resurrection from the dead , and a life to come , it was an open proclamation 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 . 3. Although good things for this life were promised by the law of Moses yet toward the end and expiration of it , 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 . 4. The laws of Moses 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 Moses persuade his Father in law Jethro to receive that law , neither did the Prophet Jonas persuade it to the Ninevites , nor the Prophets ever reprove the not observing it , in the Assyrians , 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 ; Abel and Enoch , Noah and Melchisedec , Sem and Job , Abraham and Isaac , Jacob and Joseph 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 significations 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 . 5. The law of Moses was a Covenant of works , and stipulated for exact obedience , which because no man could perform , and yet for great crimes committed under Moses 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 . 6. That their law and Covenant should be changed was foretold by the Prophets ; particularly by the Prophet Jeremiah , I will make a new Covenant with you in those daies , and in your minds will I write it : and when God had often expressed his dislike of sacrifices , in which yet the greatest part of the legal service was established , God does also declare what that is which he desires instead of it ; even no other then the Christian law , that we should give to every one their due , and walk humbly with God ; that they should obey him , and give him the sacrifice of a contrite and a broken heart : 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 Daniel , The Messias shall cause the sacrifice and the oblation to cease . 7. It was prophecyed * that in the dayes of the Messias the Gentiles also should be the people of God ; but therefore they were to be governed by a New law , for Moses 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 confusion , God hath proclaim'd to the Jewes that Moses law is not that instance of obedience in which he will be any longer glorified . From these premises the pretence of the Jewes for the Eternity of Moses law will be easily answered . For whereas they say that God called it , an Everlasting Covenant : it is certain that even amongst the Jewes , the word Everlasting 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 persuade them to relinquish Moses 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 Moses law ; for he broke their law and their Nation in peices . But as to the word [ Everlasting ] and [ Eternal ] it was usual with them to signifie but to the end of a life , or of a family , 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 . Thus also in Moses law , The servant whose eare was boared should serve for ever . that was but till the yeer of Jubilce : and Hannah carried up her son to the Temple when he was weaned that he might abide there for ever : Thus the Priesthood of Phinehas was said to be for ever ; but God who said that he and his posterity should walk before the Lord for ever , did put a period unto it in Eli. 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 wilderness , 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 . These Arguments are relative to the Jewes and are intended to prove the abrogation of Moses law , 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 Jerusalem , fifteen in immediate succession , did plow with an Oxe and an Asse , and were circumcised ; the Converted Pharisees , the Ebionites , the Cherinthians and the Nazaraei still did beleeve that Moses law did oblige the Conscience : and amongst us there are or have been a great many Old Testament Divines whose Doctrine and manner of talk , and arguments , and practices have too much squinted toward Moses . But against all such practices or pretences I produce the decree of the Apostles at Jerusalem in the question of Circumcision : the abrogation of which disannuls the whole law : for I Paul say unto you , if ye be circumcised ye are debtors to keep the whole law : 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 : The law and the Prophets were until John ; since that time the Kingdom of God is preached : where the two terms of the Law and the Gospel are expressly described ; Iohn the Baptist being the common term between them both , so that now we are not under the law , but under grace ; we are dead to the law , and that band being separate , 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 ; but then the Priesthood being changed there is made of necessity a change also of the law ; for this was not to last but till Christs coming , for the law was given but till the seed should come : till then we were under the law as under a School-master , but when faith came , we are no longer under this paedagogy ; it was but until the time appointed of the Father : and to this purpose S. Paul 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 repentance and sincere endevours , the covenant of Moses 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. Iohn said , The law came by Moses , but grace and truth came by Iesus Christ : and ever since he was made our Lord and our King ▪ he is our Lawgiver and we are his Subjects , till the day of Judgement in which he shall give up the Kingdom to his Father . But the greatest difficulty is behind : For not all Moses 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 Moses law is annul'd by Christ. To this I answer by parts . RULE 2. The Ceremonial law of Moses is wholly void . FOR this is that hand writing of ordinances which Christ nailed to his Cross , and concerning this we have an express command recorded by the Apostle , Let no man judge you in meat or in drink , or in respect of an Holyday , or of the New moon , or of the Sabbath dayes : and concerning the difference of meats not only their own Doctors say , the precept of Moses 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 imperfect 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 could not cleanse the conscience , nor take away sins ; 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 . Quest. I Know but of one difficulty which this thing can meet with , 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 ; pretending for this scruple , the Canon of the Apostles at Jerusalem : which injoyns this abstinence , and reckons it amongst the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , things necessary : and this was for a long time used and observed strictly by the Christians : of which we have testimony from that law of Leo the Emperor , 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 esteemed impious to eat it . And this was not onely for the present , and for compliance with the Jewes that by the observance of some common rites the Gentile 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 Adam , or at least to Noah 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 Origen'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 Tertullian a , Minutius b , and Eusebius c , who also tells of Biblis that she rather would die then eat bloud in a pudding : and in the Canons commonly called Apostolical d 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 and suppos'd obligatory in the second Canon of the Councel of Gangra ; and long after by the Canon of the Councel in Trullo ; by the Councel of Wormes under Ludovicus Pius cap. 65. by Pope Zechary in his epistle to Boniface ; 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 , But to the Question and inquiry , 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 Noah to be as a bar to the ferity and inhumane blood-thirstiness of which the old Giants were guilty , and possibly others might afterwards . For the Jewes reckon but six precepts given to Adam and his posterity after the fall . The first against strange worship . The second of the worshipping the true God. The third of the administration of justice . The fourth of disclosing nakedness , or a prohibition of uncleanness . The fifth against shedding bloud . The sixth 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 God to superadde this to Noah , that they should not eat blood ; that is , that they should not eat the flesh of beasts that were alive ; that is , flesh with the bloud : 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 : flesh with the life thereof , that is , with the bloud : so run the words of the Commandement ; 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 defensatives to others , and by removing men afar off from impiety he secures their more essential duty . 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 institution , 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 defended 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 giving them worship . 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 Irenaeus , Tertullian , S. Cyprian and S. Ambrose expound the meaning of the whole affair to be nothing else but a prohibition of homicide : for as God would have men be gentle to beasts a , so if beasts did kill a man , it should be exacted of them b : 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. whoso sheddeth mans bloud , by man shall his bloud be shed ; 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 , flesh with the life thereof ye shall not eat ; 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 , [ because it is the life , therefore you may not eat it ] 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 , ye shall not eat flesh with the bloud which is the life thereof , 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 , but accidental , blood is forbidden as it is the sign of life and the vehiculum of the Spirits , the instruments of life ; and so long as it runs so long the life abides ordinarily ; and therefore Zonaras in his notes upon the Councel of Gangra expounds the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or bloud suppos'd in that Canon as unlawful to be eaten or drunk , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , blood diligently or fast running or following the wound , and thick ; that is , as I suppose , blood digested , to distinguish it from serum sanguinis or the warry bloud that is seen in beasts after they have bled , that they might not have scruple in minutes and little superstitions : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , without active blood , so Balsamo : 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 life , or living bloud . 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 scruple of eating bloud did not all of them make a scruple of eating things strangled in which the bloud remained : and therefore in some copies of the Apostolical decree mention'd Acts 15. the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or strangled is left out ; and S. Austin observes that in his time in Africa 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 Commandement 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 . 4. This could not be a law of Nature , because not mention'd by Christ in all his law , which I have already 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 consequently enjoined by Christ , viz. under the precepts of mercy , according to that saying of the wise man , a good man will be merciful to his beast : 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 , would in time destroy men too . 5. Upon 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to be differenc'd : for to eat the meat when it is sold in the shambles is a thing indifferent , said S. Paul , though it was offered to idols ; but this very meat might not be eaten in the Temples , nor any where under that formality , as S. Paul there discourses : and therefore what the Apostles in their letter to the Churches call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , S. James in the decision of the question calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 cruel 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . There is a letter and a spirit in both of them . 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 Moses law , he changed the reason , onely reciting the old reason for which it was imposed to the posterity of Noah , and superadding a new one as relating to themselves : 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 . So that to the bloud there was superadded a new sacredness and religion , it was typical of the great sacrifice upon the Cross , the bloud of which was an holy thing , and it was also instrumental 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 Noah , 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 obligation 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. After this so plain and certain commentary upon this precept I shall the less need to make use of those other true observations 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 declaration onely that they were not obliged to circumcision ; but they already having observed the other things , it was declared they need go no further : that whereas these things were said to be necessary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the meaning of the word is not absolute but relative ; for it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to have a thing under some necessary condition , and so it happened to them to whom the Apostles wrote ; for they were Gentile Proselytes before they were Christians , and so were tyed to observe the seven precepts of Noah , before the Jewes would converse with them , and therefore that this did not conce●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 Rome and Ephesus : 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 formality of meat is infinitely against the Analogy of the Gospel : The decretory and dogmatical words of Christ being , that nothing which enters into the mouth desiles a man : and the words of S. Paul are permissive and preceptive , Whatsoever 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 : and the Kingdome of God consisteth not in meat and drink , but in righteousness , and peace , and joy in the Holy Ghost . The result is this , that bloud as it is a meat cannot be suppos'd here to be directly forbidden 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 present reasons to abstain from running or life bloud in the sense above explicated , 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 Noah , and was afterwards continued to the Jewes . I end this with the words of Tertullian , Claves macelli tibi tradidit , permittens esui omnia ad constituendam idolothytorum exceptionem . God hath given to us the keyes of the shambles , onely he hath forbidden the pollution of idols : in all other things you have your liberty of eating . I am onely now to give an account of the reasons of the Ancient Churches , 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 mingled , 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 Pythagoras and Plato and Socrates had great Names amongst the leading Christians , it is no wonder if in the percolation 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 , Nam vetus illa aetas non polluit ora cruore . Single life , and abstinence from certain meats , and refusing of bloud , and severity of Discipline , and daies of abstinence were sometimes persuaded , sometimes promoted , sometimes urg'd , sometimes made more necessary , by the Montanists , the Essens , the Manichees , the Novatians , the Encratites , the Pythagoreans , and the very Heathen 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 Balsamo inveighs against the Latines 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 Rome were so ignorant that they could not distinguish the Old Testament from the New , but in some particulars did Judaize . I instance in Pope Zechary before mention'd ; who in his decretal to Boniface the Arch-Bishop of Mentz 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 Wormes determin'd something to the like purpose , not much wiser ; but what was decreed then was long before reprov'd by S. Austin , affirming that if any Christian made a scruple of eating strangled birds in whom the bloud remain'd , 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 . This thing being cleared I know no other difficulty concerning the choice of meats in particular , 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 . RULE 3. The Judicial law of Moses is annul'd , or abrogated , and retains no obliging power either in whole or in part over any Christian Prince , Commonwealth , or Person . EIther the Judicial was wholly civil , 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 Temple , with the lawgivers authority by cession to the greater , with the priesthood , 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 Judicial law of Moses Adultery was punished with death ; but it will not be prudent 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 Genealogies , 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 Moses 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 proportions were made in that Common-wealth ; for although God made Aprons for Adam and Eve , 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 discourses , I refer him to Guilielmus Zepperus de legibus Mosaicis , and the Preface of Calvin the Lawyer to his Themis Hebraeo-Romana . But the thing in general is confess'd , 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 separation . 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 obligatory to Christians now , as to the Jewes of old . Of these I shall now give because they are of great use in the Rule of Conscience , and with much unquietness and noise talk'd of , and Consciences afflicted with prejudices and authority , with great names and little reasons . Quest. WHether the Judicial law of mutual abstinence in the dayes of Womens separation obliges Christian pairs ? The Judicial law declar'd it to be twice poenal . Once it onely inferr'd a legal Uncleanness for seven days . Levit. 15. 24. But in the 20. Levit. 18. It is made Capital to them both ; they shall be both cut off from the people . From hence , Aquinas , Alexander of Ales , Bonaventure , and Scotus affirme it to be a mortal sin for a husband then to approach to her : Paludanus and Cajetan 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 . They who suppose it to be unlawful affirme this law to be ceremonial , judicial and Moral . It is ceremonial because it inferr'd a legal impurity ; or separation for seven days . It is judicial by its appendant sentence of death , and a Capital infliction . It is moral , because it is against charity as being hurtful to the child in case any be begotten by such approaches . The whole ceremoniality 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 Natural 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 constitute it : and this is confirmed by the words annexed to the prohibition : For the nations committed all these things , therefore I abhorred them : 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 Moses law , it must be imputed because it was a violation of the law of Nature . To these things I answer ; 1. That the punishment of all such approaches under Moses 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 mortal punishment is annexed nor indeed any at all . 2. But neither was it just thus in the law of Moses . For by the law of Moses 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 punishment we may make conjectures of the greatness of a sin ( of which I shall in the third book give accounts ) then it would follow that every such approach 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 innocent 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 punishments are not in laws inflicted upon the same offence , directly and primarily : and therefore Radulphus Flaviacensis supposes here to be a direct contradiction in the letter of these two laws ; and that they are to be reconcil'd by spiritual significations 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 oblig'd the Israelites , which how it is possible , and yet be contradictory , I shall never understand . * Hugo Cardinalis 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 : Enimvero durâ lege hîc agunt mulieres : 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 therefore 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 Lyra and Abulensis 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the hand of pride , in contempt and despight of Moses law ; for which as S. Paul witnesses , a man was to die without mercy . * But now from hence I infer , that since the contempt and open despight of the law onely was Capital , it was not any natural turpitude that deserv'd that calamity ; it was nothing but a legal uncleanness , which every child had that did but touch her finger . But then for the next argument with which the greatest noise is made , 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 addresses . For if the man and woman have a right to each other respectively , there is no injury done by using their own right . Nemo damnum facit , nisi qui id facit quod facere jus non habet , saith the law . But that is not the presc●t care , for the married pair use but their own rights which God hath indulg'd . And therefore Paulus the Lawyer from the sentence of Labeo hath defin'd , that no man can 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 writing Rules of Conscience : that though every such interception of water , or other using of our right to our Neighbours wrong be not properly injustice , yet unless he have just cause to use it , it is unlawful to doe so , because it is Uncharitable ; because then he does it with a purpose to doe his Neighbour 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. Austin in this article are to be expounded : Per talem legem in Levitico positam non Naturam damnari , sed concipiendae prolis noxiam prohiberi . 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 Paulus , 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 being , and therefore the case is much more favourable here then there , 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 . 2. Upon supposition that this allegation were true , 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 Dominicus Catalusius a Prince of Lesbos that he did usually 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 conclude 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 . If it be answered that there is difference in the case , because the present question being of short , frequent and periodical separations , the married persons 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 uncharitableness 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 . To this I reply ; 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 legitimate the congression even where there is hazard to have a diseased child begotten , 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 separation , 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 disease , and yet in the Mosaick law those permanent emanations were to be observed by abstinence as much as the Natural and transient ; by which it is certainly proclaimed to be wholly a legal rite ; because if this can abide , and during 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● 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 [ according to the dayes of the separation for her infirmity shall she be Unclean ] that is , for seven days she shall have the same law upon her as in her usual period , but no longer : for that which is added [ Levit. 12. 4. ] that she shall then continue in the bloud of her purifying three and thirty dayes ; it is not for abstinence from her husband , but from entring into the Tabernacle , and from touching 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 . But although upon supposition the allegation were true , 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 any of the Schools of learning have done theirs , and the old sayings of Philosophers 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 . S. Hierome 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 . But the Schoolmen generally affirme ( being taught to speak so by Aquinas ) that it is partly ceremonial , partly moral , and that in this onely it is obligatory , ex damno quod sequitur ex prole ; which because 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or cleansing , doe beleeve that with the principles of generation there may in such times be something minus salubre intermingled ; yet besides that these are oppos'd by all them who say it is nothing but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or evacuation ; both the one and the other are found to be imperfect , by the new observations and experiments made by a learned Man who finds that neither one or other can be the material part of Natures secret fabrick . But however , whether he says true or no , since things are so infinitely uncertain , and man is made secretly and fashioned in secreto terrae , these uncertain disputes are but a weak foundation of a pretence for a moral duty . To the last objection : That God abhorred the Nation for [ all these things ] and amongst them this is reckoned ; and therefore there was in this some Natural impurity , for by no other law were they bound , and they could not be found to be transgressors against any other : I answer ; that [ all these things ] are to be taken Concretè & Confusè , all indiscriminately in an heap , not all by singular distribution ; 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 ; for Abraham 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 mingled 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 . The arguments now appearing to be invalid , 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 Moses law does inferre 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 superstition ; it is to worship him with an instance that he hath not chosen , or commended : and therefore it is remarkable that when S. Paul gave order to married paires , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Defraud not one another ; he onely gives this exception , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for your want of power 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 occasion , and that so short , that it may not become an occasion of Satans temptations : whatsoever is over and besides this may be upon the account of Moses , but not of Christ and Christianity . 5. I speak this onely to take off a snare from mens Consciences , laid for the unwary by unskilful Masters of Assemblies 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 multiplied : 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 abhorrency 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 violence 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 scandal , 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 report 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 . Some in their answers to this inquiry , 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 inexcusable 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 against 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 Moses 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 necessity ; 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 . Of the prohibition of marriage in certain degrees . But the next inquiry concerning an instance in the Judicial law is yet of greater concernment ; For all those degrees , in which Moses 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 Henry the eighth's divorce from Queen Katherine the relict of his brother Prince Arthur ; 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 determinations . For though Christendome was then much divided , yet before then there was almost a general consent upon this proposition , that the Levitical degrees doe not by any law of God b●nd Christians to their observation . I know but of one Schoolman that dissents ; I mean Paludanus ; or if there be any more I am sure they are but very few , Vel duo vel nemo . — but the other opinion Defendit numerus , junctaeque Umbone Phalanges . 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 matters and cases of incest are not so perfectly stated as the greatness of the matter and the necessities of the world require ; and besides this , it is at this day a great question amongst all men , Whether Brothers and Sisters children , or Cosen Germans may lawfully marry ? 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 question , which can be suppos'd to oblige us . Of Parents and Children . Concerning this , 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 Evenings back again to their own mornings from whence they set out , nor yesterday 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 yesterday , a going back in Nature . — illum , illum sacris adhibete nefastis — qui semet in ortus Vertit , & indignae regerit sua pignora Matri . To which may be added this other sufficient Natural reason . That if a Son marries his Mother , she who is in Authority greater by right of geniture , becomes minor in Matrimonio 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 Phaedra to Hippolitus , Matris superbum est Nomen , & potens nimis . It is a contradiction of rights that the same person should be the superior Mother , 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 . Besides these , there is a Natural abhorrency of such mixtures : Contra pudorem esse said Paulus the Lawyer ; it is against Natural modesty : which was rarely verified in the tryal which the Emperor Claudius made ( wittily and judiciously , like that of Solomon upon the two harlots ) upon a wicked woman who called him ( who indeed was her son ) a stranger , a begger , the son of another woman , and supposititious , that so she might defeat him of his Fathers inheritance . The Emperor espying her Malice , and suspecting her machination 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 too . She though desperately base , refus'd that offer , and though she was unnaturally malicious , yet would not be unnaturally incestuours ; and chose to suffer the shame of discovery rather then the horrors of such a mixture . But all this was not sufficient to make it to become a Natural law , without the authority of God intervening . This made it to be excellenty reasonable 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 became an Eternal law when God made it so : and that was at the very first bringing of a wife to Adam . For this cause shall a man leave his father and his Mother , ( said God by his servant Moses declaring to us what God then made to be a law ) and shall cleave unto his wife , and they shall be one flesh . This could not on both sides concerne Adam , who had no Natural Father and Mother , 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 Mother , for between them and their children there could be no such intercourse intervening : and so the Jewes particularly Rabbi Selomoh 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 Gemara Sanhedrin ; and in obedience to this because Adam had no other , he laid aside the love of Earth and Rain , of which he was produc'd , said Isaac Abravanel : and by this , they usually reconcile the seeming difference between these words and the fifth commandement . 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 Honour but to the Marriage , 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 : and this , our Blessed Saviour recorded also in his law , where whatsoever is not sufficiently found , cannot pretend to be a law of Nature ; as I have already prov'd . And now this being established and recorded as a law of Nature in that way onely that is competent , 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 Diogenes and Chrysippus affirm'd upon a ridiculous conceit that Cocks and Hens did not abhor it . Against which impertinent argument , although it were sufficient to oppose the Narrative which Aristotle 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 Ferae quoque ipsae Veneris evitant nefas Generísque leges inscius servat pudor . 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 . — Gentes tamen esse feruntur , In quibus & nato Genetrix , & nata Parenti Jungitur — The Assyrians , the Medes and Persians , especially the most honour'd Persons amongst them , their Kings and their Magi did use it frequently , Nam Magus ex matre & Gnato nascatur oportet . 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 . For when Nimrod had married his Mother Semiramis , 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 Saidus Batricides the Patriarch of Alexandria 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 Sham 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But what Xenophon said of the Persians is also true of all the Nations together , who were debauched by their laws and accursed customes ; Non eò minus jus esse quia à Persis contemnebatur . It is still the law of Nature though prevaricated by the Persians and their subjects and friends . For when any thing appears to be so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to most and to the uncorrupted Nations and to them who live according to Natural reason it is a great presumption it is indeed a Natural law ; and is so finally if a command of God hath interven'd in that instance : for by the Divine appointment it is made a law , and by the matter , order and use of it , it is Natural . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to unnatural , to dishonourable , and unreasonable desire , — Cui fas implere Parentem Quid rear esse nefas ? But this was the product of their idolatry and some other basenesses : of the first S. Paul is witness , that as a consequent of their forsaking the true God they were given over to Unnatural lusts : and Lucan observes the latter of the Parthians , — epulis vesana meróque Regia , non ullos exceptos legibus horret Concubitus — Now what is the effect of superinduc'd crimes and follies is most contrary to Nature , and it were unnatural to suspect that she had not made sufficient provisions 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 insert . I find Socrates 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. That Parents and children should abhor such marriages . For God and all the world , Heaven and earth doe so : insomuch that a Roman Philosopher was in his dream warned not to bury the corps of a Persian who had married his Mother . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Earth who is the common Mother of all , 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 Virgil affirmes that in hell there are torments prepar'd for him Qui thalamum invasit Natae , vetitósque Hymenaeos . who pollutes his Daughters bed , and defiles himself with such forbidden Entertainments . Of Brothers and Sisters . 2. But though Nature forbids this , 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 Marriages under the title of Incestuous , 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 Incest 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 sine cesto Veneris , in which their Goddess of Love was not President ; marriages made without her girdle , and so Ungirt , Unbless'd . This word being taken into the civil law got a signification to be appropriate to it ; for there were three degrees of unlawful marriages . Damnatae , Incestae , and Nefariae . Damnatae nuptiae are such which the law forbids upon Political considerations ; such as are between the Tutour or Guardian 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 Moses 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 husband 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 proportionable . * Incestae nuptiae are defin'd in the law to be coitio consanguineorum vel affinium ; the conjunction of Kinred or Allyes , meaning , in those instances which are by law forbidden : and these are forbidden upon differing considerations 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 persons or unwary have called Unnatural mixtures by the name of incestuous , as incestuous Lot , and the incestuous Corinthian , therefore whatever any law calls incest , they think they have reason to condemn equally to those abominable con●unctions . But neither ought incest to be condemn'd with a hatred equal to what is due to these ; neither ought these to be called incest : for in true speaking these are not Incestae nuptiae , but Nefariae , and Naturae contrariae , wicked or abominable , and contrary to Nature : for although the law sometimes calls those mixtures which are between Kinred by the title of Nefariae , or Impious , yet it is to be understood onely of that Kinred which is by the law of God and Nature forbidden to marry : so the Glosse in authentic . de incest . nupt . affirmes , so Archidiaconus , Johannes Andrens , Covarruvias and the best Lawyers : and the word is derived from the usage of it in the best Authors : Ferae quoque ipsae veneris evitant Nefas ; the conjunction of Parents and children is nefas veneris , and the marriages nefarious . 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 unlawful 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 mixture , it hath in it something of confusion , and blending the very first parting 's of Nature , it is of infinite vile report , intolerably scandalous , and universally forbidden . But though this be enough , yet this is all : Michael of Ephesus * saies that at the first these marriages were indifferent , but made unlawful by a superinduc'd prohibition . 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 contrary to Humane Nature : and therefore we find that among the wisest Nations some whom they esteemed their bravest men did this . Cimon the son of Miltiades married his , Sister Elpinice , non magis amore quàm patrio more ductus , said Aemilius Probus , not onely led by love but by his Countries custome . So Archetolis the son of the brave Themistocles married his sister Mnasiptolema . Alexander the son of Pyrrhus King of Epirus married his sister Olympias , Mithridates married his sister Laodice , Artemisia was sister and wife to Mausolus King of Caria , so was Sophrosyna to Dionysius of Syracuse , Eurydice to Ptolemaeus Philopater , Cleopatra to Ptolemaeus Physcon , Arsinoe to Ptolemaeus Philadelphus whom when Sotades had reprov'd upon that account saying , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he imprison'd him . But I need not bring particular instances of Egyptians : for Diodorus Siculus affirmes that they all esteem'd it lawful , and Dion Prusaeensis saies that all the Barbarians did so . But all the Greeks did so too , having learnt it from their first Princes , whom after ages had turn'd into Gods , — Dii nempe suas habuere sorores Ut Saturnus Opim junctam sibi sanguine , junxit Oceanus Tethyn , Junonem Rector Olympi . Though I suppose that this is but a fabulous narrative in imitation of the story of Cain and Abel , as appears by their tale of Jupiter and Prometheus ; which is well noted by the observator upon the Mythologies of Natalis Comes under the title of Jupiter . But that which moves me more then all this is the answer which Thamar gave to her Brother Amnon : Now therefore speak unto the King , for surely he will not withhold me from thee , and yet she was his Fathers daughter , his sister by the Paternal line : and Abraham told the King of Gerar concerning Sarah 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 Terah as was generally suppos'd , of which I shall yet give further accounts . * Now it is not to be supposed that either Abraham before or David 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 Amon and David , the marriage might be v●lid though forbidden and the persons be excused upon some other account , which is not proper here to be considered . But I again renew what I said before , this d●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 reason 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 propter recentem admodum parentum in liberis imaginem ; and therefore it is with greater reason 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 . Dulcia fraterno sub nomine furta tegemus : Est mihi libertas tecum secreta loquendi : Et damus amplexus , & jungimus oscula coram , Quantum est quod desit ? For these and other accounts , which God best knew , he was pleas'd to forbid the Marriage of Brothers and Sisters : This law the Jewes say , God gave to Adam under the title De non revelanda turpitudine ; 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 probation , 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 prohibite 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 . Of Mothers in law , and their Husbands Children . That the marriage of these is not against the law of Nature S. Austin does expressly affirme in his questions upon Leviticus ; saying that there is forbidden the discovering his Fathers nakedness ; but this is not to be understood of the Father while he is alive , for that is forbidden in the prohibition of Adultery ; Sed ibi prohibetur Matrimonium contrahi cum illis quas seclusâ lege licet Uxores ducere ; 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 reasonable and fair pretence . For a Mother in law and a Mother are all one in the estimation 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 quod libet licet ; whatsoever a man hath a mind to doe that he may doe : for this was the argument which Phaedra courts Hippolytus withall . Nec quia privigno videar coitura noverca Terruerint animos nomina vana tuos . Ista vetus pietas aevomoritura futuro Rustica Saturno regna tenente fuit . Jupiter esse pium statuit quodcunque juvaret ; Et fas omne facit fratre marita soror . 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. Paul , it is a fornication which is not so much as named amongst the Gentiles , that one should have his Fathers wife . Cajetan 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 describe 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , fornication , which though it be often used for adultery , yet I find it not us'd for nuptiae nefariae , or that which is usually called incest . But however , that which S. Paul 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. Paul here condemnes : It was the same that Antiochus did to Stratonice the wife of his father Seleucus , and that which Reuben did to the Concubine of his Father Iacob ; a thing so hateful to all Nature that the very naming of it is a condemnation ; 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 that 's 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 forbidden and is against the law of Nature , not directly , but by interpretation . Of Uncles and Nieces . Now if the neerest of kin in the collateral line were not forbidden by a law of Nature , 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 it is unlawful for them to marry interchangeably when and where they are forbidden 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. In the Civil law of the Romans it was lawful for the Uncle to marry the Brothers daughter , and this continued by the space of 250 years from the dayes of Claudius to the reign of Constantine or thereabouts : and though this began among the Romanes upon the occasion of Claudius his marrying Agrippina , yet himself affirmes ( as Tacitus makes him to speak ) Nova nobis in Fratrum filias conjugia , sed aliis Gentibus solennia , nec lege ullâ prohibita . Indeed it is new to us but to other Nations usual and lawful : and the newness of it scar'd Domitian so that he refus'd it ; and not many did practise it ; onely I find that a poor obscure Libertine T. Alledius Severus did it , as Suetonius observes : but it was made lawful by the Civil law , and allowed in the rules of Ulpian ; and when Nerva had repeal'd the law , Heraclius reduc'd it again and gave the same permissions . But that which moves me more is that it was the practice of the Jews , the family of Abraham , and the Councel of the wise men to doe so , as Ben Maimon the famous Jew reports . In monitis sapientum habetur ut in uxorem ducat quis ante alias , neptem ex sorore , seu ex fratre neptem , juxta id quod dicitur , a carne tua nè te abscondas : And Josephus does suppose that when Abraham said of Sarah , she is my Sister the daughter of my Father , the truth it , she was his Fathers Grandchild , that is , the Daughter of Abrahams brother : for unless it had been a known thing in that Nation that Abraham's family would not have married their German Sisters , it could have been no security to Abraham 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 Abraham 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 : and this was S. Austin's opinion , Nam qui maximè propinqui erant solebant fratres & sorores appellari , and Cicero calls his Cosen Lucius , Brother ; so Lot is called Abrahams Brother , though he was but the son of his Brother Haran , just as neer as his wife Sarah was to him , whom for the like reason he called Sister . But of this I shall yet give a farther account . But whether Josephus said true or no , Abraham said true , that 's certain ; either she was his half Sister or his Brothers daughter ; either of which is forbidden in Leviticus ; and this sufficiently declares that they have their unlawfulness from a positive law , not from any law of Nature . If it were needful to instance in any other great examples of such marriages , it were very easie to doe it . Amram the Father of Moses married his Aunt as some suppose , Diomedes and Iphidamas among the Greeks married their Mothers Sisters , and Alcinous took to wife Arete his Brothers daughter . Andromede was promised to her Uncle Phineus . One of the Herods 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 Pherotas ; and some suppose this to be the case of Othniel in the dayes , and under the conduct of Joshuah . For the words in the story are these , [ And Othniel the son of Kenaz , the Brother of Caleb took it : and he gave him Achsah his daughter to wife : but of this I shall give a particular account : for this being against the law of Moses 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 unlawful before the law of Moses : against these marriages there was no opus scriptum in cordibus , no law of Nature , but they became unlawful upon another account , and therefore it was unlawful to them onely to whom that account was to be reckon'd . Of the marriage of Cosen Germans . From the premises it will abundantly follow , 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 against 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 making 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 education and our Countrey Customes have from the beginning possessed our understandings 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 something of her establishment : So S. Paul to the Corinthians , does not even Nature her self teach that it is a shame for a man to wear long hair ? That is , even in Nature there is the signification of some difference in that matter , which custome 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 conclude stronger then in their own . But then in the next place if the inquiry be made what it is in the judicial law of Moses , which is the main of our present inquiry ; supposing the judicial law of Moses could in any of its instances oblige Christians , yet Cosen Germans were still free to marry : for I doe not so much as find it pretended by any one to be there forbidden , except S. Ambrose , who disputing fiercely against Paternus for marrying his son to his Granchild by another venter , that is , so as the young Gentleman was Uncle to his wife , in anger against that , saies that by the law of God ( meaning in Leviticus ) Cosen Germans are forbidden to marry , much more ( saies he ) Uncle and Niece : Qui enim leviora astringit , graviora non solvit sed alligat . He that binds to the less , does not untie the greater . But the event of this , is , onely that S. Ambrose is by all learned men condemn'd for an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a slip in his memory : and men ought to be wary lest great names abuse them by opinion and mistaken zeal . But the law is this , Levit. 18. 6. None of you shall approach to any that is neer akin to him , to uncover their Nakedness , I am the Lord. Here the Questions use to be , 1. What is meant by [ None of you ? ] 2. What is intended by [ Neer of Kin to you ? ] None of you ] Vir vir non accedet : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Lxx. A man , a man shall not approach ; 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 Proselytes 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 intimated that these degrees here mention'd were forbidden by the law of Nature , and consequently obliging all Christendome : the contrary whereof because 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 might be , and some of them were oblig'd by special laws before the collection and publication of the body of Moses law . For as the law of Christ is a collection and perfect explication of the law of Nature and essential reason : So Moses law was a collection of all the wise and prudent laws by which God govern'd those Nations and those ages which were before Moses . 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 Sinai . 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 Moses as appears in the story of Judah and Thamars quarrel about Onan 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 Adam in part , and in part to Noah , and something of it to other Patriarchs and eminent persons , and at last by the commandement of God united into a Digest by Moses . And upon this account it is that God said that the Canaanites had polluted themselves in all these things , and therefore the land did spue them out , which although it cannot infer that these laws did Naturally oblige , as I have already discoursed * 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 consanguinity 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 Christian , which also will further appear in the sequel . 2. But there will be more consideration upon the second Quaere ; what is meant by [ Neer of Kin to you ? ] Our English is not sufficiently ex pressive of the full sense of it . The Latin is something neerer to the Hebrew , Vir vir non accedet ad propinquitatem carnis suae ; to the neerness of his flesh , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or as other books 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad domesticam carnis suae , 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 between Propinqui and Cognati . 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 . For [ Neer of Kin ] is an indefinite word and may signifie as uncertainly as [ great ] and [ little ] doe : 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 Judah to Joseph the espoused of the B. Virgin , from Benjamin to Michol , from Levi to Heli : 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 . Hemingius gives a rule for this as neer as can be drawn from the words and the thing . Propinquitas carnis ( saies he ) quae me sine intervallo attingit . 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 my Mother , below me is my Daughter , on the side , is my Sister , 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 : affinitates namque cum extraneis novas pariunt Conjunctiones hominum , non minores illis quae è sanguine venerunt : said Philo. 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 nakedness . This is all that can be pretended to be forbidden by vertue of these words [ Neer of Kin ] or [ The neerness of thy flesh . ] And this we find expressed in the case of the high Priests mourning : The High Priest might not be defiled for the dead among his people , but for his kin that is neer unto him , he may ; 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 propinquitas carnis , 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 , all else are remov'd ; and when a bar does intervene , all the rest are or may be accounted Kinred , but not neer of Kin , not the neernes of my flesh , which only is here forbidden . Onely this more : 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 neer Kin , they are to them the propinquitas carnis ; 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 Lawyers well understanding this , express the prohibition to this sense ; that Uncles and Aunts are not to be married , because they are loco Parentis , they are quasi Parentes , images of Fathers and Mothers , for the reverence of which , the marriage of our Uncles and Aunts respectively are forbidden . * This is just as it was forbidden to the Jews to make an image ; which thing could not have any Moral or Natural obliquity ; but it was set as a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 incestuous 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 . But besides all this , what better determination can we have of these indefinite words of [ Neer of kin ] 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 equal collateral line , but Brothers and Sisters and their affines or allies , their Husbands and wives respectively ; none in the Unequal collateral line , 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 account can they be suppos'd to be forbidden , or to be the neerness of our flesh . But if any scrupulous person shall inquire further and suspect that some degrees or persons are forbidden to marry that are not here expressed , but included by a parity of reason , as it happens in another instance : for it is not forbidden 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 . I answer to this by parts ; 1. It is very likely that it is so intended that in equal cases there is an equal prohibition ; but it cannot certainly be concluded 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 Fagius reckons out of the books of the Rabbins twenty persons forbidden to marry , which yet are not reckon'd in Leviticus . 2. Because of the rule of the law . l. Mutus 43. D. de procur . Quòd lege prohibitoriâ non vetitum est , permissum intelligitur . In negative precepts that which is not forbidden , is presumed 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 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 conversation 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 Noah , the Jews observe that it was permitted to marry the Sister by the Fathers side , but not our Sister by the Mother . It was Abraham's case ; for as Saidus Batricides the Patriarch of Alexandria about 700 yeers since in his Ecclesiastical Annals tells out of the Monuments of the East : Thare begat Abraham of his first wife Jona , and she being dead he married Tehevitha , and of her begat Abraham's wife : and this is it which he said , [ she is the daughter 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 R. Jarchi glosses those words of Abraham now quoted : Quoniam inter gentes ratio consanguinitatis Paternae neutiquam habebatur : because among the Gentiles ( meaning , by the law of Nature , or the law given to Noah ) 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 Claudius , it was permitted to marry the Brothers daughter , but not the Sisters daughter , as appears in the rules of Ulpian , 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 . But I am willing enough to admit it with these cautions . 1. That there be not onely the same degree but the same reason : For as Ulpian well observes in his rules : In quarto [ gradu ] permittitur [ connubium ] extra eas personas quae parentum liberoúmque locum habent : 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 quamvìs quarto gradu sint , 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 generations 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 . 2. In the descending line the case is otherwise then in the equal line . 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 cognation of Cosens in the equal lines : because the reason distinguishes them , not the Kinred or neerness to the common Parent . 3. It is true which is affirmed in the law , In pari Cognationis gradu , par idémque jus statuatur : 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 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 regarded . But though I am willing enough to admit this rule with these cautions , yet many others will not , nor think it reasonable that any thing should be supposed 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 beyond 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 cognation 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 . 2. But whether it be , or be not so , yet it can no way reach to the case of Cosen Germans : For there is in Leviticus no degree equally neer that is forbidden , except of such persons which are in the place of Parents , who are prohibited upon another account . But that which ought to put it past all question that the marriage of Cosen Germans was not prohibited by the Levitical law either expressly or by consequence and parity of reason , 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 intimated 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 command to some persons to doe it ; therefore nothing is more certainly warranted , excepting onely express Commandements . The particulars I relate to in Scripture are these ; Jacob married his Cosen German Rachel the daughter of his Uncle Laban . Amram the Father of Moses begat him of his Cosen German Jochabed . That she was his Aunt is commonly supposed , but the Lxx and the Vulgar Latin report her to be his Aunts daughter , though by the stile of the Hebrewes she was called his Aunt : just as Chanameel is called in some books the Uncle of the Prophet Jeremy , when he was really his Uncles Son ; and so the Vulgar Latin Bibles read it ; and Loth was called brother by Abraham when he was his Brothers Son. * Caleb having promised his Daughter Achsah to him that should take Kirjath-Sepher , she fell to Othniel the Son of Kenaz Calebs Brother ; so Pagnine and Arias Montanus read it [ Filio Kenaz Fratris Caleb ] meaning Kenaz to be Calebs Brother : So that Othniel and Achsah were Brothers children ; for it cannot be supposed that Othniel was Calebs Brother and so was Uncle to Achsah ; for that being forbidden in the law of Moses under which Othniel and Achsah lived was not a thing so likely to be done , and consented to by Caleb ; as I have already noted . But the matter was made more notorious in the case of Zelophehads daughters ; who because they were heiresses were commanded to marry their 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 lawful 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 Lex est ut orbae , qui sunt genere proximi Iis nubant , & illos ducere eadem haec lex jubet . 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 therefore when Aeschylus calls the marriage of certain Cosen Germans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 marriages which the law forbids , and affirms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the family is staind by it : the Scholiast 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Heiress and might not marry without her Fathers leave . This woman was called among the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a woman determin'd by law , and already judg'd to such a marriage ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and to them that were so , it was not free to marry any one , they must marry their Kinred Hic meus amicus illi genere est proximus , Huic leges cogunt Nubere hanc — And we find in the old Civil law that one Cassia was declar'd inheretrix upon condition , Si Consobrino nupsisset : if she did marry her Cosen German . l. 2. C. de instit . & subst . and Papinian l. 23. & 24. D. de ritu nuptiarum affirms , conditionem illam , si consobrinam duxeris , haereditatis institutioni utiliter adjici posse ; 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 Ruth whom Boaz Great Granfather to King David did marry by the right of a Kinsman . Now it is true ( saith he ) that I am thy neer Kinsman , howbeit there is a Kinsman neerer then I : which Kinsman because he refus'd to marry Ruth , Boaz 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 . Into which line because this Argument hath led me , I offer it to consideration as the last and greatest example of the lawfulness and holiness of such marriages under the law of Moses , and as a warranty to all ages of the Christians ; The B. Virgin Mary the Mother of our most B. Saviour was married to her Cosen German ( as was supposed upon this reason : ) For her husband Joseph was the son of Heli ( saith S. Luke ) that is , the legal son of Heli , for Jacob begat him ( saith S. Mathew ) Now Heli and Jacob were Brethren the sons of Matthan who was Grandfather to Joseph and Mary ; for unless by the cognation of Joseph and Mary the same genealogy had serv'd for them both , the reckoning of the Genealogy of Joseph could not have proved Jesus to have descended from David . But if this instance should fail , and that their consanguinity ( for they were Cosens ) did stand at further distances ; yet there are examples and reasons and authentick presidents already reckon'd enow to warrant us in this inquiry . By all which it appears what was the state of these marriages under the law of Moses , and yet all the scruple at which weak persons start or stumble , is derived from that Sanction in Leviticus , 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 likely that any thing that was moral should be omitted . In the ten words of Moses 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 Leviticus it was but National and temporary : for I have proved 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 Moses did onely oblige Jews and Proselytes : That if they had oblig'd all , yet Cosen Germans are not there expressly forbidden , and if they be not there expressly forbidden 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 Cosen 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 examples greater then all exception . It remains now that we descend to the Christian law , and enquire whether our great Master and Lawgiver Jesus Christ hath forbidden Cosen Germans 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 Nature , 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 periods . But of that which Christ said the sum is this onely : For this cause shall a man leave Father and Mother and cleave to his wife , and they two shall be one flesh . 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 concubitus masculorum . [ His wife ] by this is forbidden adultery or the lying with another mans wife , and extra-nuptial pollutions . [ Erunt duo ] They two , by that is forbidden Polygamy , [ In carnem unam ] shall be one flesh , by this is forbidden bestiality or the abuse of Caro aliena , the flesh of several Species ; 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 . There is in the New Testament onely one law more which can relate to this question of marriages [ Provide things honest in the sight of all men ] and [ Follow after things which are of good report ] That is , 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 prohibition in the laws of Jesus Christ : and Modestinus the Lawyer said well , In nuptiis non solum quod liceat , sed etiam quid honestum sit , semper est respiciendum . Concerning which lest there be a mistake in it , I premise this caution in general , 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 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 when a thing is disputed on both sides by good and learned Men , to doe either is not against publike honesty . That 's 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 either of them . * Upon this account S. Paul reprov'd the incestuous Corinthian because he had done a fact which was not so much as nam'd , that is , approv'd amongst the Gentiles , that one should have his Fathers Wife . Caracalla indeed did it afterwards , and it was before his time done in the family of Seleucus ; 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. Pauls 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. Margaret , wife to Malcome III. their King did reduce the contrary law of Nations , and forbad a son to marry his fathers wife , or a Brother to marry his Brothers widow . Beyond this the New Testament having nothing , 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 . Concerning this , I find that Plutarch 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 people made a law that it should be permitted to any one to doe it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Now this was very ancient ; and before this law for it I find no law against it , onely if Claudius in Tacitus said true they were diu ignorata , 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 considered , tempore addito percrebuerunt said Tacitus , they in time grew frequent . In the Oration of Sp. Ligustinus in Livy there is this clause , Pater mihi Lxorem fratris sui filiam dedit : My Father gave to me wife his own Brothers daughter : and Quintilian mourning for the immature death of his Son , affirms that he was design'd to be son in law to his Uncle . So Cicero pro Cluentio saies that his Sister married Melinus her Cosen German : and Augustus Cesar gave his daughter Julia to Marcellus the son of his Sister Octavia . The brave Brutus who was the example of a rare moral man and a noble Patriot was married to Portia the daughter of his wise Uncle Cato ; and that incomparable Prince Marcus Antonius the Philosopher and Emperor was married to his neerest Cosen Annia Faustina ; she was his Cosen German . But thus it was at the beginning ; and thus it was at the ending of the Roman state and Empire . At the beginning ; the two daughters of Servius Tullius were married to their Cosen Germans Lucius and Aruns , the Nephews of Priscus Tarquinius , Livy 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 Nephews to Tarquinius Priscus , but Dionysius Halicarnasseus contends earnestly that they were Nephews . Toward the declination of the Roman period and state we find that Constantius the Emperor gave his Sister to her cosen Julianus . These and all the foregoing examples of the wisest , of the best , of the most holy Persons , Patriarchs , and Kings , Consuls and Philosophers , Law-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 publike 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 accustomed 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 dishonour 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 . 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 . 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 . l. 1. § duorum inst . de nupt . l. 3. & l. non solum . § 1. D. de ritu nupt . l. C. de inst . & subst . * Paulus the Lawyer said ; Si Nepotem ex filio & neptem ex altero filio in potestate habeam nuptias inter eos me solo authore contrahi posse Pomponius scribit , & verum est : and Antontnus the Emperor said , Non videri potest sub specie turpium nuptiarum viduitatem tibi induxisse cum te filio sororis suae consobrino tuo , probabili consilio Matrimonio jungere vol●erit : I need in this say no more . It was alwaies permitted in the Greek and Roman Laws , till the time of Theodosius , who being over-ruled by S. Ambrose , forbad it by an express law ; tantum pudori tribuens continentiae ut consobrinorum nuptias vetuerit tanquam sororum , said Aurelius Victor ; 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 Arcadius and Honorius his sons , whose constitution to this purpose is in Justinian l. celebrandis C. de nuptiis , in which these words are remarkeable , [ Revocatâ prisci juris authoritate , restincísque calumniarum fomentis , matrimonium inter Consobrinos habeatur ] The law that forbad them was occasioned and fomented by calumnies ; which being dispersed , the authority of the Ancient law was recalled . This onely I am to admonish ; That in the Theodosian Code the law of these Emperors seems to say otherwise , as is to be seen under the titles of [ si nuptiae ex rescript . petant : & de incestis nuptiis . ] But the forgery is notorious enough . For when Alaric King of the Goths had commanded his Subject Arrianus 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 Arcadius and Honorius , as appears plainly by comparing those constitutions which pass'd under the fingers of Arrianus , with those which under the same Rubricks are in the Code of Justinian . For in this there is not one word spoken of the marriage of Cosen Germans under those Titles . And as he hath done in the Breviary of the Theodosian Code , so he hath done in the Epitome of Caius institutions ( 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 Theophilus who recited this law according to the manners of his own time , and recites the law of Justinian exactly contrary to Justinian's sence by clapping a perfect Negative to his direct affirmative . But Curtius the Latin interpreter of Theophilus 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 , when the great lines of duty are so plain and legible : and concerning this we have a full testimony from S. Austin ; who having observed that in his time Cosen Germans did not often marry : Experti sumus ( saies he ) in conjugiis consobrinorum etiam nostris temporibus … .. quàm rarò per mores fiebat , quod fieri per leges licebat , quia id nec Divina prohibuit , & nondum prohibuer at lex humana . That is , for Cos●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. Ambrose and Theodosius a little before that time had caused some restraint and made the matter uneasy and besides this ; If any man could observe concerning any one sort of persons 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 lawful 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 quàm rarò hoc per mores fiat ; 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 . That which is to be inquired next into is the Canon law ; and that indeed does forbid it : but how , and to what purpose , and with what obligation will not be wholly useless to consider . 1. In the very first Canons of the Church ( excepting onely that one fram'd in the Councel of Jerusalem Acts 15. ) which are commonly called the Canons of the Apostles there is a caution against incestuous marriages , but the instances are onely , [ He that marries two Sisters , or his Brothers Widow , or Daughter . ] The penalty is , He may not be received into Holy Orders : but for the matter of Cosen Germans it was not forbidden : Until S. Austins time and thereabouts it was true that Nondum prohibuerat lex humana , Divina nunquam : 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 Paris almost six hundred years after Christ , those are defined to be unlawful marriages quae contra praeceptum Domini contrahuntur , 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 verses , which was their Authentick Table : Nata , Soror , Neptis , Matertera , Fratris & Uxor , Et Patris Conjux , Mater , Privigna , Noverca , Uxorlsque Soror , Privigni Nata , Nurúsque , Atque Soror Patris , conjungi lege vetantur . But in some assemblies of the Bishops about this time , a little before or a little 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or an outward Court to keep them from marrying Brother and Sister . And therefore Harmenopulus 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 suspicious . * 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 prohibition . 2. These laws were made by time and accidents , and were extended or contracted as it pleased the Popes of Rome , who ( as one observes ▪ ) were for a long time iniquiores & invidi in maritos , apt and easie to make all restraints upon 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 Cabaillon ; sometimes usque dum generatio agnoscitur , aut memoria retinetur , as long as any memory of kinred remains , and that will be very far in Wales where they reckon eight degrees and special names of Kinred after Cosen Germans , and then Kin for ever , and truly these Canonists proceed as reasonably as their Principles would admit . For if Cognation or Consagu●nity was the hindrance of marriage , where ever they could reckon that , they had some pretence to forbid marriage : but if they onely forbad it upon the accounts of Nature , or by the precedent of the Divine law given to Moses 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 . 3. The reasons why the Projectors of the Canon law did forbid to the fourth or to the seventh degree , 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 consanguinity doe answer , it is proportionable to Nature to forbid the marriage of Cosens 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 stirps or common Parent ; and to the end of the four fingers , that is , the four generations of Kinred we ought not to marry , because the life of a man is but a span long . 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 ( particularly Bonaventure ) 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 generation . 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 . 4. When the Canonists appointed what degrees of Kinred they would have restrain'd from mutual marriage , 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 permitted 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 descend 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 proportions 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 consequently the seventh Canonical degree is the fourteenth civil degree , the unequalness 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 . 5. These laws gathered by the Roman Canonists are not now , 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 , Fac legi tuae sepem , 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 something 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 lawful or unlawful . But then when the Prince does not bind , the Subjects are free . Honesta & justa esse quae Regi placent , & regno utilia . Those things which please the King and are profitable to the Kingdome are honest and just . It was truly said but ill applyed by Antiochus Seleucus . 6. These laws are neither allowed by the Prince , nor by the Ecclesiastical state in England , 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 Cassiodore . But this is one of the many blessings of the Protestant religion 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 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 Roman 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 Protestant , and then though nothing can be allowed to him which God hath forbidden , yet that leave which God hath given him , Man shall not take away . 7. If it were at all considerable what is done by the Canon law , 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 . 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 , but does it wholly upon other accounts , as I have already instanc'd ; and this appears in the epistle of Rabanus to Cardinal Humbert . Quod Pontifices usque ad sextum vel septimum gradum conjugium prohibent , magis ex consuetudine humana quam ex lege Divina cos praecepisse credendum . 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 . 9. And after all , the laws of England 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 Henry 8. chapter 38. And it is observable that in England they were allowed to doe it ever since they were Christians , unless they were Papists . For till Pope Gregories time and Augustine the Monk ( though Christianity had been here almost 500 yeers before it was us'd by the Britains : and P. Gregory did not think it fit that Augustin should put a restraint upon them ( as is to be seen in the British Councels collected by that learned and good man Sr Henry Spelman ) but it was no little interest and power , which the Popes afterwards procured 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 . Although I have pass'd thorough all laws that can oblige us , in this present 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 topick more , that is , the Prudence or reasonableness of the thing . Concerning which it is observable , 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 Menahen Racanatensis observed , Quod ad rationem attinet interdictorum incesti , Magistri traditionum de ea nihil certi acceperunt . The Masters of traditions have received 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 . 1. That Kinred ought not to marry is therefore decreed , nè emulatio fiat in eadem domo , 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 , nè aemulatio fiat in eadem domo to avoid emulation and competition . 2. Cosens would do better not to marry ( saies another ) nè habeat duas necessitudines una persona ; that one person may not be a double Relative : 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 . 3. It were well that Cosens might not marry , 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 , 1 This does not at all concern the Man , for he will not need a defence by his Kinred against his wife . 2 For the woman , unless 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 . 3 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 . 4 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 another , 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 . 4. S. Austins scruple is this . Inest nescio quomodo humanae verecundiae quidam naturale ac laudabile ut cui debet causa propinquitatis verecundum honorem ab ea contineat quamvis gener atricem tamen libidinem . 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 children , and is by the allowance of some proportions extended to Brother and Sister : 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 Nature 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 larger commissions , however the fears , or the scruples , or the interest of some men have made them to speak otherwise : and I remember concerning Cicero 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 against him by Q. Fusius Calenus in Dio that he was too kind and amorous to his own daughter . Filia matris pellex tibi jucundior atque obsequentior quàm parenti par est ; 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 . 5. Pope Gregory in his Epistle to the Arch-bishop of Canterbury tries another way : Experimento didicimus ex tali conjugio sobolem non posse succrescere . 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 Jacob , Rachel and Leah ; and although by this discourse 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 . 6. But the best reason given against the convenience of it ; for none pretends higher ; is , that it were better if Cosen Germans should not intermarry propter multiplicandas affinitates , as S. Austin expresses it , ut conjugiis augeant necessitudines , 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 , 1 That suppose this were well and without objection as to the material part , yet this does no waies prove it unlawful , and indeed is not by the contrivers of it intended it should : as appears in Philo and Plutarch from whom S. Chrysostom and S. Austin did borrow it . 2 There may be one inconvenience in it , and yet many conveniences and advantages which may outweigh that one ; and that there are so , will appear in the sequel . 3 This very reason when Philo the Jew had urg'd in general for the scattering friendships and not limiting alliances to one family , he addes , Quod respiciens Moyses alias etiam multas propinquorum nuptias vetuit : Meaning that this argument is sufficiently provided for by the restraints that Moses 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 receptive of and to need the renovation or the arrests of friendship . 7. It were well if Cosen Germans did not marry lest by reason of their usual familiarity , converse and natural kindness , fornications should be secretly 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 fobidden 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 reason and congruity and the laws of all Mankind have put a bar of publike honesty and penalties , and all these are sufficient to secure them against the temptation : and this was observed by a wise man long since in this very instance : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Father is not in love with the Daughter ; nor a Brother with his S●ster : the reason is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 observed by Rabanus in his Epistle to Humbert . Hujusmodi prohibitiones adulterii occasionem praebere ; such laws of Restraint are occasions of Adultery and therefore he infers from thence , Bonum esse ut praetermissis illis prohibitionibus legis Divinae servetur constitutio . 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 . I know of no more reasons pretended against this affair ; 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 Cosen Germans , then we doe for any other marriage , that is , that we love the person , that she be vertuous and fitted for our condition , yet I say ex abundanti , that there are conveniences and advantages which are not contemptible , not yet are so readily to be found in the marriage of other persons . 1. There is the advantage of a great and most perfect parity of condition that is regularly to be expected . There is no upbraiding of Kinred , greatness or weakness of fortune occasion'd by the difference of elder or younger Brother ; ( for this being in all families is not a reproach to any ) and here is the greatest probability of a similitude of passions , humors and affections , and they that have experience in oeconomical affairs know that these things are not contemptible . 2. It is observable that when God intended to bless a family and a Nation , 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 David who married Saul's daughter of the tribe of Benjamin ; and the Benjamitish families were restored by the intermarriages of the other tribes after that sad war about the Levits concubine ; and Hillel the Pharisee was of the tribe of Benjamin by his Father , and of Judah 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 Kinred , in their own tribe . 3. In the case of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Heiresses it was commanded both in the Hebrew and in the Attick laws that Cosen Germans should marry , 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. Austin's [ largiùs sparge amicitias ] is nothing ; for when any considerable advantage 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 passionately and to pious purposes in love with his Cosen . 4. In the case of an Aunts Daughter to be married to her Cosen by her Mothers Brother , 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 . 5. In the accidents of houshold conversation , and in the satieties of a Husbands 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 Aristotle 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 . — dum pietas geminato crescit amore while the marital love is supported with the cognation . 6. S. Augustins argument is to me highly considerable . Fuit antiquis patribus religiosae curae , ne ipsa propinquitas se paulatim propaginum ordinibus dirimens longius abiret , & propinquitas esse desisteret , eam nondum longè positum rursus matrimonii vinculo colligare , & quodammodo revocare fugientem . 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 propinquity 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 affections then the marriage of Cosens . I should now speak no more to this question , 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 second Cosens forbidden , but by them who at the same time forbad the marriage 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 Isaac married his second Cosen , and that was more for it then ever could be said against it . Abraham was careful and Rebeccah was careful that their children 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 called 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 Viderit amplexûs aliquis laudabimur ambo . I know no other pretences of any instance obliging Christians , derived onely from the Judicial law . These two doe not oblige ; and therefore the Rule is true in its direct affirmation . RULE 4. The ten Commandements of Moses , commonly called the Moral law , is not a perfect digest of the law of Nature . 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 letters on the back side of a bright shining fire ; according to that of David , Thy word is a lanthern unto my feet , and a light unto my paths . Their meaning is , ( for under Phantastick expressions they sometimes intended to represent a material truth ) that the Decalogue or their Systeme of Moral precepts was nothing but an express or the Tables of the law of Nature ; long before Moses time given and practis'd by their Fathers . But this was not a perfect Systeme ; it was the best that ever was since Adam 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 Moses they practised the first rudiments of perfection ; but Christ was the last and therefore the most perfect Lawgiver ; and they that did commence under Moses the servant of God , were to proceed under Jesus Christ the son of God : and therefore the Apostle calls Christ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and if we will acknowledge Christ to be our lawgiver , and the Gospel to be his law , called in the New Testament , The law of liberty , a Royal law ; then we must expect that our duty shall be further extended then to a conformity in our lives to the ten words of Moses . I doe not here intend a dispute whether Christ hath given us laws of which neither before Moses nor since there are no footsteps in the Old Testament ; 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 indeared to us by special promises , and we by proper aides are inabled to their performance ; and the old commandements are explicated by new commentaries , and are made to be laws in new instances to which by Moses 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 : insomuch 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 . 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 endeavour 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 Moses 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 speaking . I give an instance ; 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 Brother and Sister , Uncles and Aunts ; this is a new law under the old words . The 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 Christians all are to be esteemed as Brethren in some account or other ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . Lex vetus amorem docet in proximos , nova in extraneos . 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 . But not onely in the object of our duty ; but in the expression and signification 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 : We must die for our Brethren ; and of this we have an express commandement , which it is certain they had not ; and no sign of it in their Moral 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 easiness 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 authority or a new Sanction to inferre it ; for the same law does not in one age directly permit an action , and in another forbid it ; it does not reward that person which in another it will condemne . But I adde other instances . If Repentance be a precept , and not onely 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 . But there are also many things for which provisions are made in the law of Nature ; 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 Commandement 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 Decalogue , there is no caution against sins of omission in any other instances . I will not instance in those precepts which relate to our B. Lord himself , and are superinduc'd by Christianity upon the law of Nature ; such as are [ faith in Jesus Christ , hope of eternal life , fraternal correption , avoiding scandal , custody of the tongue in many instances , the Sacraments , to stand fast in Christian liberty , searching the Scriptures , humility , mortification , bearing the infirmities of the weak ] 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 . But I adde from the very stock of Nature many others . 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 reduction 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 positive 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 intrusted onely to analogies , uncertain inferences and secret corollaries , and yet for these there is no provision made in the ten commandements . Neither can this measure of the Decalogue be reprov'd by saying that all these laws of Nature , 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 commonly use that Method , that the explication of the Decalogue be the Summe of all their Moral Theology ; but how insufficiently , the foregoing instances 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 Tertullian ( I suppose to try his wit ) finds all the Decalogue in the Commandement which God gave to Adam to abstain from the forbidden fruit . In hac enim lege Adae data omnia praecepta condita recognoscimus , quae postea pullulaverunt data per Mosen . 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 Adam : 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 Eternal or Natural law to bring the world to that perfection from whence Mankind 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 Tertullian , Intelligimus Dei legem etiam ante Moysen ; nec in Oreb tantum , aut in Sina & 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 & gentibus exhibuit , & repromissa per Prophetas in melius reformavit . The law of God was before Moses , neither given in Horeb nor in Sinai , 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 Moses law as the principal , but to the law that comes after the law of Moses , which being promised by the Prophets God in the fulness of time gave unto the Gentiles in the times of reformation . The effects of this Rule in order to Conscience are these : 1. That we acknowledge Christ to be our Lord and Master , our lawgiver and our Teacher . 2. That we understand the ten Commandements according to his Commentary . 3. That the Customes , explications , glosses , and usages of the Jews may not be the limit of our practice . 4. That we expect not justification by our conformity to the Decalogue . 5. That we endeavour to goe on to perfection ; not according to the pattern which Moses , but which Christ shewed in the Mount. 6. That we doe not reckon any Systeme of the Natural law , but the books of the New Testament . 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 , that is , the measures of reformed Nature . For in this sense these words of Justin Martyr are true and useful , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To live according to Nature is the ornament or praise of one that is yet an Unbeliever : 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 ignorant 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 Eternal laws of God , that is , those laws which are not fi●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 incarnation 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 Entercourses : that he might enable our Nature to dispositions proper and immediate 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-givers draw them all forth , till the great day of reformation , at the Revelation of the Son of God. But in this the sentence of Irenaeus is wise and full . Consummata vitae praecepta in utroque Testamento cùm sint eadem , eundem ostenderunt Deum qui particularia quidem praecepta apta utrisque praeceptis , sed eminentiora & summa , sine quibus salvari non potest , in utroque eadem suasit . The precepts of perfect life are the same in both Testaments , and doe 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 Moses . 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 . HE that will explicate the Mosaick law according to the perfections of the Gospel , does expound the words of a child by the Senses and deepest policies of a witty man. I have seen some parts of Virgil chang'd into impure Fescennines ; and I have also seen them chang'd into the sense and stile of the Gospel ; but Virgil intended neither , though his words were capable of both ; and yet the way to understand Virgil 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 Moses . If Christians understand it by all the severities and inlarged notices of the Gospel , they accuse their own Commentary 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 sacredness of the text and the limits of the Commandement . Thus when God had said , Thou shalt doe no murder ; when Moses in another place addes these words , Thou shalt not hate thy Brother in thy heart ; nor be mindful of an injury : this is to be supposed to be intended by God in the Commandement ; 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 Davids 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 honour Father and Mother , which appellative when Moses 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 supposed that this is an explication of the fifth Commandement . This also is to be extended further , and by the sayings of the Prophets they could understand what things were permitted by Moses , which yet God loved not : and that the Commandement had a further purpose then their usages would endure : and though ( as our Blessed Lord afterward express'd ) Moses permitted divorces for the hardness of their heart ; yet that from the beginning it was not so , and that greater piety was intended in the Commandement they were sufficiently taught by the Gloss which God himself inserted and published by the Prophet Hosea , I hate putting away . 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 enlargement of the Moral law , or restraint of privileges and liberties . The use of this Rule in order to the Government of Conscience is to describe of what usefulness in our religion , and what influence in our lives is the Old Testament ; all the Moral precepts which are particulars of the Natural law or universal Reason are either explications of the Decalogue or precepts Evangelical , by which the old Prophets did prepare the way of our Lord , and make his paths strait . It is the same religion theirs and ours as to the Moral 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●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 justice 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 Prophets 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 in fontibus salvatoris 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 of his fulness we have all received , Grace for Grace . But this is at no hand to be extended to those prohibitions or reprehensions of their prevarications of any of the signal precepts of religion , 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 . RULE 6. Every thing in the Decalogue is not obligatory to Christians , is not a portion of the Moral or Natural law . WHen Moses deliver'd the ten Commandements to the people , 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 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 prohibition 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 Dii alieni , 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 forbids 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 differing divisions of the first Table ; I will not now examine whether they certainly follow from their premises and presuppositions ; but consider what is right , and what follows from thence in order to the integrating The Rule of Conscience . That those two first Commandements are but one was the doctrine of Philo the Jew ( at lest it is said so ) who making the Preface to be a distinct Commandement ; reckons this to be the second ; Deos sculptiles non facies tibi , nec facies omne abhominamentum Solis & Lunae , nec omnium quae sunt supra terram , nec eorum quae repunt in aquis , Ego sum Deus Dominus tuus Zelotes , &c. And the same was followed by Athanasius , This book hath these ten Commandements in Tables ; The first is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I am the Lord thy God : The second , thou shalt not make an idol to thy self , nor the likeness of any thing : and this division was usual in S. Cyrils time who brings in Julian thus accounting them . 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 , &c. and the same way is followed by S. Jerome and Hesychius : 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 . Of the same opinion as to the uniting of these two is Clemens Alexandrinus ; and S. Austin , Et revera quod dictum est , Non erunt tibi Dii alieni , hoc ipsum perfectiùs explicatur , cùm prohibentur colenda figmenta . The prohibition of images is a more perfect explication of those words , Thou shalt have no other Gods but me . To the same sense Ven. Bede a , S. Bernard , b , the [ Ordinary Gloss , Lyra , Hugo Cardinalis ] Lombard , the Church of Rome , and almost all the Lutheran Churches do divide the Decalogue . On the other side these are made to be two distinct Commandements by the Chaldee Paraphrast ( in c. 20. Exod. ) and by Josephus ; Primum praeceptum Deum esse unum , & hunc solum colendum . Secundum , nullius animalis simulachrum adorandum . And these are followed by Origen , Gregory Nazianzen [ S. Ambrose , and S. Hierom * ] even against his opinion express'd in another place , S. Chrysostom , S. Austin , or whosoever is the Author of the Questions of the old and New Testaments , Sulpitius Severus , Zonaras ; and admitted as probable by Ven. Bede : but followed earnestly by all the Churches that follow Calvin ; and by the other Protestants not Lutherans . In this great contrariety of opinion that which I choose to follow is the way of the Church of England , 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 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 . 2. God would not be worshipped by an image , because none could be made o● him ; and therefore it is remarkable that God did duplicate his caution against images of him , by adding this reason to his precept , Remember that ye saw no shape , but onely heard a voice : 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 God would be worshipped in spirit and truth , that is , not with a lying image : as every image of ●im ●●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 certain digest 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 . 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. 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 , or fools and without understanding . 5. When God forbad them to make and worship the likeness of any thing in heaven and earth ; he sufficiently declar'd that his meaning was to forbid that manner of worshipping not that Object ; for by saying it was the likeness of something 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 . But I observe that all those Modernes who confound these two Commandements have not that pretence which the Ancients had ; and have quitted all that by which such confusion could have been in any sence tolerable . For Philo and those Ancients who followed him ; reckon the first Commandement to be ; [ I am the Lord thy God , &c. ] by which God would be acknowledged to be the Lord : and the second did forbid any other besides him . So that there might be some appearance of reason to make the first Commandement affirmative , and the second Negative ; The first to declare who is God ; The second to forbid Polytheisme , The first to declare his Entity ; the second to publish his Unity : 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 . 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 periods 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 any 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 Modernes 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 Moses in Deuteronomy reckons the Concupiscence of the wife first , yet in Exodus , which is the copy of the Decalogue as it was given , Moses reckons the Concupiscence of the house first : So that the ninth Commandement 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 : especially 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 Nathans upbraiding David , and the case of Solomon : but to covet the wife propter libidinem 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 because 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 . But the Church of Rome and the Lutherans have several interests , for other reasons they have none in so doing . The Church of Rome confounds the two Commandements , lest the worshipping of images should appear to be forbidden . For if it be a distinct Commandement which forbids the worship of images ; then because all false objects of worship are sufficiently forbidden in the first ; it will not be a competent answer to say , we doe not worship 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 forbidding 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 concerning this Commandement . But to this I return this account : That although it be certain that if 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 Deos sculptiles , Engraven Gods , that is , to worship such Gods as may be depicted or engraven , such as the Sun and Moon , Apis and Jupiter ; the oxe of Egypt or the fire of Persia ; then by the same reason we conclude that Deus sculptilis 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 Philo and in the sense of all the Ancients ; the reason against making an engraven God is , Ego sum Deus tuus Zelotes , 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 Theology 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 Species , the relations , 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 pollutions of the flesh , as such pollutions of idols . But there is also more in it then thus . For although it is usually supposed by learned persons , that Philo the Jew , Athanasius , S. Hierom , and S. Austin 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 , [ I am the Lord thy God which brought thee out of the land of Egypt ] 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 : [ Thou shalt have no otber Gods but me ] 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 consequent forbidden : for the forbidding Deos sculptiles : 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 ( Clemens Alexandrinus onely excepted ) there it is most likely that the first provides for the object of Divine worship affirmatively , and the second for the manner negatively : 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 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 because 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 manner 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 worshipped 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 . This thing more I am willing to adde concerning the division of the Decalogue : 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 [ Thou shalt have no other Gods but me ] to the Second : For as for Philo , he does not recite them at all , but reckons the second otherwise then it is in Moses 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 , &c. ] Now in this which is first and which is second is plain enough though Philo 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. Athanasius 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 reckons as we doe , [ Thou shalt not make to thy self an idol , or graven image , nor the likeness of any thing ] So that it is probable , He begins the first Commandement with the Preface : but it is certain he reckons the second as we doe . S. Hierome and S. Austin are pretended for them ▪ but they also testifie against them , and against themselves by an uncertain and contradictory sentence ( as I have shewed : ) indeed the Apostate Julian is much more for them and does confound those which we call the two Commandements , but yet reckons one before them , just as Philo : so that excepting Julian there will be found in antiquity , Vel duo vel nemo , scarce one or two that is on their side . However against 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 Rome is destitute of any just ground of their manner of dividing the Ten Commandements , so they will find it will not serve that interest they have design'd . But then for the Lutheran Churches they have indeed as little reason for their division , and a much less interest and necessity to serve and to provide for . 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 Churches , and are fearful to be aspersed with a crime forbidden in the second Commandement ; 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 Levit. 19. v. 4. But especially Levit. 26. v. 1. 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 : 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 forbidding 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 reason 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 Nature can never alter . So that this fear of theirs being useless , they may without 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 , 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 Solomon's Temple beside the pomegranates and other imagery , 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 Dan and Bethel because they were fusiles Dei , graven images us'd in Divine worship were an abhomination : and upon the shekel of the Sanctuary was impress'd the image of Aarons rod and a pot of Manna , or thurible : it was lawful while there was no danger of worshipping them . This then is the first instance of the Rule : 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 . Now concerning the Religion of images , that is , worshipping God by them directly or indirectly ; whether that be lawful to Christians ; although 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 lawful to worship God by a picture ? Quest. WHether it be lawful to make a picture or image of God ? I answer negatively : and that upon the plain words of God in Deuteronomy which upon the account of the fifth Rule are to be accounted as an explication 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 deliver'd to Moses in Tables of stone . 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 , &c. 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 . To whom will ye liken God ? or what likeness will ye compare unto him ? 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. Paul argued out of Aratus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . We are his ofspring : that is , we are made after his image and similitude ; Christ is the Prototype , and we are efformed after his image who is the first-born of all Creatures : 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 understanding 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 represent 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 . But now from hence the Apostle argues , Forasmuch 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 : If the invisible , 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. Pauls argument ; but we are now adaies taught to escape from this . For it 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 Daniel 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 disparagement to the Divinity of God. To these I give these answers ; First the vision of Daniel 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 pure wooll , that is , pure and white , one of the Synonyma of light or brightness , like that of his garment , like snow ; his wheels were a burning fire , his throne a fiery flame ; that is in effect , when Daniel 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 awake 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 very 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 Daniel 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 never 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 : No man hath seen God at any time : and again , The eternal God whom no man hath seen or can see . The issue then is this , Daniel did not see God the Father , neither could he : Therefore God the Father was not represented 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 Daniel 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 Daniel 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 , No man can see God , 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 dwells in an inaccessible light whither no man can approach 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 no man had seen him , or could see him : 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 Daniels vision had been of God himself ; yet as it was done to him by special ●avour so it was for a special purpose ; it was for a design of Prophecy and to declare future events in the matters of warre and peace ; not to establish a practice prejudicial 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 Christians ( 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 essential 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 . 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●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 head , but neither of Man nor beast , bird nor fly express'd : and hair like pure wool , but in what it is like excepting onely the purity is not told , nor can be imagined : after this there is nothing but a throne of flames and wheels of fire , 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 without 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 , 5. After this vision of Daniel 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 taken to doe any thing of that Nature : and they that now adaies think otherwise 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 . 6. If because mention is made of the Antient of dayes in Daniel , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 morrow then he was yesterday . But by this I onely intend to note the imprudence and undecency of the thing : the unlawfulness is upon other accounts which I have reckon'd . Concerning the humanity of our B. Saviour , that being a creature he might be depicted , I mean it was naturally capable of it : it was the great instrument of many actions , it convers'd with mankind above thirty years together , 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 Cesar's or Meletius , Marc Anthony 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 collateral 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 unlawful that is not of present consideration . But for the usual image of the Holy Ghost in the forme of a dove the pretence is great and fairer ; 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : in a bodily shape . So S. Luke . 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 relates only to the manner of his descending , and hovering over Christ. And this 1. appears by the words in S. Matthew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He saw the Spirit of God [ descending like a dove ] that is , as doves use to descend , hovering and overshadowing of him . 2. The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 ; cloven tongues 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as it were of fire ; that is , something of it ; to shine it may be but not to burn ; to appear bright but not to move . 3. This appears yet more plainly in the words of S. Luke , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as of a dove , like that of the Acts , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but it must wholly be referred to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : he descended as a dove uses to doe : but then for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the bodily shape , it was nothing but a body of light ; the greatest visibility , called by the Apostle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the excellent Glory : which indeed was the usual investiture of Gods messengers in their appearances and visibilities : and that there appear'd a fire in Jordan at that time , Justin Martyr against Tryphon the Jew affirmes expressly . 4. That this similitude 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 [ flying ] the Jews did use in their Symbolical Theology to signifie , a Divine influxe or inspiration saith Rabbi Jaccai upon the ninth of Daniel : 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 measures but the fulness of him : and from his fulness we all receive our portions . I cannot deny but that amongst learned men there is great difference of apprehension concerning it ; and the generality of men without examining it suppose the H. Ghost to have descended being invested with the direct shape of a Dove [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Justin Martyr : for he expresses the words otherwise then all the four Evangelists ; they all say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , meaning as a Dove descends ; he changes the case and makes it to be the shape or forme of a Dove : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Origen calls it ▪ 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 Constantinople 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 according 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Presently a great light did shine round about the place ; and their apprehension of a dazeling light in such a resemblance is but an ill warrant to make a standing figure and proper imagery . 2. Tertullian supposes it was really and properly a very Dove indeed : and if so , the whole business 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 . 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 , 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 ● Symbol not to signifie any thing of the Divinity , or the personality of the Holy 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 perfection and our duty , the state of his institution and of our religion , and so they who thus teach of the apparition of a Dove , 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 , [ be as harmless as Doves . ] Philo saies that in the Jewes Discipline a Dove signifies Wisedome . 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 obliging conversation . Some say that this Dove did relate to that Dove which signified to Noah 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 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 representative 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. He shall baptize you with the Holy Ghost and with fire ; 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 . And after all this ; 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 commandement were taken away ; either the Commandement also ceases to oblige ; 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 No man can see God , 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 , * for besides that no Dove did appear , nor shape of a Dove , yet if it did , it related not to the person of the Holy 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 impious , and unreasonable and impossible to be done in any Natural proportion . And the like also is to be said of those expressions in Scripture , of the hand of God , his eye , his arme ; 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 Hesselius well notes , these and other like expressions are intended to represent some action of God : such as is that of Psal. 78. aliàs 77. vers . 65. who brings in God , excitatum tanquam dormientem , tanquam potentem crapulatum à circo : awaken'd out of sleep , and as a gyant refresh'd [ filled , gorged , ] with wine : by which if any man shall represent God in picture , his saying , it may as well be painted as written , will not acquit him from insufferable impiety . Now this which I have discoursed is evidently according to the doctrine and practice both of the Jews and primitive Christians . Concerning the Jews Tacitus saies of them Mente solâ , unúmque numen intelligunt : profanos , qui Deum imagines mortalibus materiis in species hominum effingunt . 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. Clemens of Alexandria is very full to this purpose : Deum ex Mosis Disciplina nec hominis effigie , nec ullâ aliâ re repraesentari , God by the law Moses 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 images 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 express words of Origen a , Tertullian b , Eusebius c , Athanasius d , S. Hierom e , S. Austin f , Theodoret g , Damascen h , and the Synod of Constantinople as is reported in the sixth action of the second Nicene Councel : the sense of all which together with his own Polydore Virgil i thus represents ; Cùm Deus ubique praesens sit , nihil à principio post homines natos stultius visum est , quàm ejus simulacrum pingere , Since the world began never was any thing more foolish then to picture God who is present every where : for this is ( according to the sharp reproof of the Apostle ) to change the glory of the incorruptible God , into the similitude 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 k , so it is in the Greek ; into the similitude of an image of a corruptible man , and of birds and beasts , &c. then which words nothing can be plainer to condemn the picturing God : a thing which the very Heathens did abhominate , Sed nulla effigies , simulachráque nota Deorum , Majestate locum & sacro implevere timore , said Silius Italicus of the Temple of Cadiz ; 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 Seneca intreated his friend Lucilius to make himself worthy of God , he tells him how : Finget autem non auro , non argento : non potest ex hac materia imago Dei fingi similis : Not with gold and silver ; for of these an image like to God can never be made . And therefore Tacitus saies of the Germans , that they nec cohibere parietibus Deos , nec in ullā humani oris speciem assimilare exagnitione coelestium arbitrantur , 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 ; Nullum simulacrum finxisse antiquitatem , said Macrobius ; The old world never made an image ( meaning of God ) Quia summus Deus natáque ex eo mens , sicut ultra animam ita supra naturam sunt , quò nihil fas est de fabulis pervenire ; 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 , Nulla auri effigies , nulla commissa metalla . Forma Dei mentes habitare & pectore gaudet . God dwells in minds and hearts of good men , not in images and metals . The next question is of greater effect , 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 . Quest. Whether it be lawful for Christians to worship God by an image ? Concerning which the best ground of resolution is the Commandement ; which it is certain the Church of the Jews did understand so , that they accounted 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 , These are thy Gods ô Israel who brought thee out of the land of Egypt : and to morrow is a solemnity of Jehovah ; said Aaron . The calf they intended as an image of their God and by it they intended to worship him , which is not improbable saies Bellarmine ; which is certainly true said Ferus : and which is affirm'd by the Spirit of God ; they chang'd their glory into the similitude of a calf that eateth hay : that is , they represented God who was their glory , by a golden calf ; And concerning Micah though his Mother made an image , 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 Gideon who made a Covenant with them that God should be their King , yet he made an Ephod ; 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 worship of the true God : And this is affirm'd by the Christian Doctors . Non vult Deus in lapidibus coli , said S. Ambrose , God will not be worshipped in stones or graven images : and S. Austin affirmes that God in this Commandement did prohibit , nè quis colat ullam imaginem Dei nisi unam eandem quae cum ipso est Christus : 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 Vasquez finds himself constrain'd to confess , clarè deducitur , non licuisse tum verum Deum in aliqua imagine venerari : it is clearly consequent , that then it was not lawful to worship the true God in any image or representment . But it is said , 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 Catharinas affimes , totum hoc praeceptum esse positivum , non morale . 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 . Against this I have many things to say , 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 Commandement 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 appointment ; 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 reason 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 Commandement 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 Simplicity of a Natural and to the Spirituality of the Christian religion , it cannot be changed as the fancies or the interests of Men shall require , and of this besides the apparent reasonableness of the thing we have an express testimony from Origen . Caeterum Christiani homines & Judaei sibi temperant ab his propter illud legis , Dominum Deum timebis … Item propter illud , Non erunt tibi Dii alieni praeter me , & non facies tibi ipsi simulacrum , &c. aliáque multa his similia quae adeo nos prohibent ab aris & simulacris , ut etiam emori jubeant citiùs quàm contaminemus nostram de Deo fidem talibus impietatibus . Both Christians and Jews abstain from these [ worshippings ] 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 command 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 . 2. To worship false Gods , 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 honouring him with a lie ; all which if they be not great violations of the Commandement 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 . 3. He that makes an image of God and worships it ; gives it the worship of God , whom it represents , or a different . If he gives a different and consequently a less worship he does not worship God in the image ; but his worship such as it is is terminated on the image ; and then comes not into this inquiry : it is no more then loving a bird for Lesbia's sake , or valewing a pendant 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 worship ; 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 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 . But I need not make use of both parts of the dilemma ; 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 . Eundem honorem deberi imagini & exemplari saies Almain : ac proinde imagines S. Trinitatis , Christi , & Crucis cultu latriae adorandas esse : 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 Alensis , Aquinas , Bonaventure , Albertus , Richardus , Capreolus , Cajetan , Coster , Valentia , the Jesuits of Colen , Triers and Mentz : who approved Costers opinion ; and indeed generally of all the Roman Schooles , if we may beleeve a great Man amongst them ; Constans est Theologorum Sententia , imaginem eodem honore & cultu honorari & coli quo colitur id cujus est imago , said Azorius : and he supposes this to be the mind of the Councel of Trent , and insinuated by the second Nicene , and certainly he was in the right . For though the Councel of Trent 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 Trent intended such honour and worship to be due , as the Councel of Francfurt said was not due ; neither is it to be imagined they durst contradict so constant an opinion , or openly recede from their great Aquinas . 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 harshness 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 honour 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 ? Idem est motus ad imaginem & exemplar ; saies Aristotle , 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 worshipped 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 . 4. A good man is more an image of God then any Painter or Engraver can make : 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 Relative , and worship Terminative ; for if we should 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 peculiar , and having given no warrant no instance that can amount to any thing of that Nature , and he will be worshipped as Plato's expression is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; 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 Angels : 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 , My Lord : but when for Gods sake we pass those regards to several estates of Men which are the best usages which prudently they can re-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 honour 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 conclude against the worshippers of images ; for although Vasquez , 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 Latria but Dulia , that is , not Divine worship in any Sense , for so they would be understood 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. Athanasius against the Arrians and in S. Cyril in Joh. l. 9. c. 41. and divers other places : and whatever Vasquez or any man else is pleas'd to think of it ; yet S. John 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 every 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 Marble can be Praesentémque refert quaelibet herba Deum . And it is in images as it is in the matter of Oaths , ●f which our B. Saviour said that he that swears by Heaven , or by the Earth , by the Temple , or by the 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 Rome , concerning this Question , but it is obvious to observe , that although this distinction of relative and terminative is invented 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 . The Cross on which Christ sufferd is but a creature : but to the image of this they give a relative Divine honor , therefore to the Exemplar , which is that Cross whereof the other are but images , they terminate the Divine honour . So Jacobus Almain in the words a little before quoted : 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 . ] To this purpose is that clause in the Pontifical published by the authority of Clement the eighth ; Crux legati quia debetur ei Latria , erit à dextris . The Legats Cross must be on the right hand ; because Latria or Divine Honour is due to it . Now this being the image can challenge but this D●vine honour relatively ; but the Cross that Helena found at Jerusalem was the Exemplar , therefore to that the Divine worship is due ultimatè & terminativè , it rests there ; which is as down right idolatry as can be defin'd . But Aquinas proves it ought to be so by this Argument , That in which we place the hope of our salvation to that we exhibit the worship of Latria , or Divine worship : but in the Cross we place the hope of our salvation , for so the Church sings , O Crux Ave spes Unica Hoc passionis tempore : Auge piis justitiam , Reísque dona veniam . All hail O Cross who art our onely hope in this time of our suffering : Increase the righteousness of the righteous , and give pardon to the guilty . I could adde many more things to the same purpose ; 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 Miracles and the gift of tongues was ; not for them that beleeve , 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 Commandement : for they must or may doe more then give a relative worship : but yet because it concernes us and them , I adde this observation . 5. That if Divine worship , or Latria be in any sense given to an image , no distinction can save it ha●●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 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 incommunicable 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 improper , yet still it is idolatry in one of the senses ; whether it be direct or indirect , 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 . Idololatrae dicuntur qui simulachris eam servitutem exhibent quae debetur Deo , said S. Austin : 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 manner , 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 . 6. I consider that in the first Commandement where Atheisme and Polytheisme , and Allotheisme 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 ; [ I am the Lord thy God. ] plainly declaring that whatsoever is introduc'd against that Commandement is also against that reason : God is not our God , if we acknowledge none , or if we accept of many , or any other ; so that by this precept and upon this account , idolatry in the object 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 reason : Thou shalt not worship any graven image , for I the Lord thy God am a jealous God , 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 superaddition 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 what 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 artifice or to any Creature ; the proper reason for it had been [ for I am the Lord thy God ] 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 , because 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 indirectly 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 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every word can be contradicted by a word ; and then how many presumptions , 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 . 7. If it be inquired how an image can be an idol ; 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 reason , 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 worship 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 Silver , or Marble , or Carved ; and therefore no religion passes upon it for its own sake : Since therefore whatsoever passes on it is for the sake of that which it represents ; an image that is understood 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 effect , I shall not need to say that an idol and an image is all one ; though that be true in Grammar ; and Erasmus said that S. Ambrose knew no difference between them , 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 suppos'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 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 memory of an absent friend or valued person that is away , for the moving an affection , 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 Author of the famous books under the name of Charles the Great , Nos imagines in basilicis positas , idola non nuncupamus ; sed nè idola nuncupentur , adorare & colere eas recusamus . We doe not call all images by the name of idols , but lest they become idols we refuse to worship them . But yet this I adde , that although in the use of the two Greek words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and of the Latine , idolum and imago , Men have troubled themselves with finding material differences ; yet although it might be of some use in inquiring the meaning 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies properly a graven image ; and because there were more sorts besides this , God was pleas'd to forbid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the LXX render by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the likeness of any thing ; and it conteins sculptile , fusile , ductile , conflatile , that is , all sorts of representations , flat or extant , painted or carved ; and the force of this word can be eluded 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 idolum and imago 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 Tertullian's time there was nothing of it , as appears by his words in his book de idololatria . c. 3. Ad hoc necessaria est vocabuli interpretatio : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Graecè formam sonat ; ab eo per diminutivum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deductum aequè apud nos formulam fecit . Igitur omnis forma , vel formula idolum se dici exposcit : éstque idololatria , omnis circa omne idolum famulatus & servitus . 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 Cicero lib 1. de fin . bonor . & mal . Imagines quae idola nominant , quorum incursione non solum videamus sed etiam cogitemus , &c. and for the Church S. Chrysostome is an authentick witness , for he calls the pictures by which they then adorn'd their houses by the names of idols , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we trim our houses , placing every where idols and pictures . Upon this account we may understand the meaning of the primitive Fathers who would not endure that a picture should be made , or kept , who condemn'd the art it self , as deceving and adulterous , who said that God forbad the very trade it self : So Tertullian , Jam verò ipsum opus personarum quaero an Deo placeat qui omnem similitudinem vetat fieri , quanto magis imaginis suae ? Can the making visors please God who hath forbidden all similitudes or images and pictures to be made , and how much more any image of himself ? Nobis enim est apertè vetitum artem fallacem exercere ; said S. Clement speaking of pictures and images , the very art is forbidden to Christians . The same is affirmed by Origen , and long after by S. Chrysostome ; but Tertullian said , that the Divel brought painting and carving into the world ; and addes , Toto mundo ejusmodi artibus interdixit servis Dei , 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 : Similitudinem vetans fieri omnium… . ostendit & causas , idololatriae sc. substantiam cohibentes : subjicit enim non adorabitis ea , &c. So Tertullian . To the same purpose is that of Origen ; speaking of the Jews , There was no painter or statuary admitted into their cities , their laws driving away all this kind of people , ne qua occasio praeberetur hominibus crassis , neve animi eorum à Dei cultu avocarentur ad res terrenas per hujusmodi illecebras : 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 changeable appears in this that God by a Divine Spirit assisted Bezaleel and Aholiab in the like curious arts ; and by other instances which I have already reckon'd * : 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 therefore it was very well said of Tertullian in the matter of the brazen Serpent , If thou regardest the law , thou hast Gods law , Make not the likeness of any thing : But if thou considerest that afterwards Moses did command them to make the likeness of a Serpent , doe thou also imitate Moses , and against the law make no likeness , unless God also give thee a Commandement as he did Moses . Meaning that the singular example was no prejudice to the law : Exceptio firmat regulam in non exceptis : This part of the Commancement 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 Tertullian's time this very necessity did still abide , and therefore they had the same zeal against images and whatsoever gave substance to idolatry ; that 's Tertullian'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 Bezaleel , 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 approbation 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 . But when we consider further that Solomon 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 Cesar on their Coin , and found no reprover for so doing , this showes that there was something in the Commandement 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 Commandement ; 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 without special leave or approbation : and therefore God gave command for the images of the Tabernacle , and by his Majestatick presence in the Temple approv'd all that was there . Upon what confidence Solomon ventur'd upon it ; and whether he had a command or no I find not recorded , but ex post facto 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 because 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. Paul calls in the matter of uncleanness , Making provision for the flesh to fulfil the lusts thereof . 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 Commandement 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 dangers as were the Israelites , in the rudeness and infancy of their Church especially . * And this we find in Tertullian ; 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 danger 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 November the memory of Claudius Nicostratus 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 , Qui fingit sacros auro vel marmore vultus , Non facit ille Deos ; qui colit ille facit . 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 himself into a partnership of the crime . To which purpose was that of Tertullian , Facio ( scil . imagines ) sed non colo : quasi ob aliam causam colere non audeat , nisi ob quam & facere non debeat , scilicet ob Dei essentiam utrobique : imò tu colis , qui facis ut coli possint . He answers the objection of them that say , I make images , but I doe not worship them : as if ( saies he ) there were any reason forbidding 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 Commandement though as it is most probable it did oblige the Jews , and all persons in equal danger ; yet because the reason may cease , and the danger be secur'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 excepted , every other clause is moral and Eternal . 8. And all this is perfectly consenting to the analogy of the Gospel which is a spiritual worship , 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 Moses : and since Christianity hath shak'd off that body and outsides of religion , that law of a carnal commandement , that we might serve God in spirit and truth , 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 humility , 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 spiritual religion should put on a phantastick body , which as much as it can separates from a real : that Christianity should make a Vizor for God , who hath no body , and give that to him which the Heathens gave to their Devils ; Daemoniis corpora contulerunt ; they gave a body to their Daemons saies Tertullian , when they made images to them ; that he who under the law of carnal ordinances could not endure an image , should yet be pleas'd with it under the pure and spiritual institution of the Gospel . A Christian must 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 worship God with genuine and proper worshippings , that is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the pure and only worship of the Soul. Now if the Ceremonials of Moses 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 Moses . * To this purpose they are excellent words which were spoken by Clemens Alexandrinus . Moses 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 seeing him ( in effigie ) makes that the Majesty of God becomes vile and contemptible , and by material Substances ( Gross images ) to worship that essence , which is onely discerned by the mind , is by the sense to undervalue the Eternal mind . 9. And upon these accounts we find that the Christians were great haters of image-worship , and even of images themselves : and did deride the heathen follies , who in the midst of their witty disputations and wise discourses 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 purpose Origen discourses wisely ; God hath chosen the folly of the world , 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 beholding them as some conspicuous sign , strives to lift up his mind to the imagination of an intelligible Deity ? But the Christian though but unlearned 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 . This is the advantage , the Spirituality and devotion of the Christian. Concerning which it were easy to bring many ancient Testimonies ; which whoever is desirous to see , may find them frequently in the Fathers of the four first ages : but especially in Irenaeus . l. 1. cont . haer . c. 34. Origen . l. 7. contr . Cels. Tertull. de idol . c. 5. and de coron mil. and de Spectac . c. 23. Clemens Rom. Recogn . l. 5. and Clem. Alex. strom . 1 , & 5. S. Chrysost. in Synod . 7. Act. 6. and in 1 Cor. 8. Epiph. haer . 29. Amphiloch . apud Syn. 7. action . ead . Optatus l. 3. contr . Donat. S. Ambrose ep . 31. ad Valent. S. Austin in Psal. 113. all which speak of this Article so as needs no commentary , and admits of no evasion , decretorily and dogmatically and zealously . Now against this heap of plain testimonies there is not any one cleer sentence and dogmatical proposition to be brought ; 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 . Epiphanius did rend in peeces the veil at Anablatha neer Bethlehem , because it had in it the picture of a man ; and this is so notorious that Alfonsus à Castro calls him an Iconoclast : but Epiphanius gives this account of it to the Bishop of Jerusalem , Contrà authoritatem Scripturarum esse ut in Christi Ecclesia hominis pendeat imago ; and , istiusmodi vela contra religionem nostram veniunt : 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 Lactantius as plainly , Dubium non est quin religio nulla sit , ubicunque simulachrum est ; where an image is , it is certain there is no Religion : and S. Austin answers all pretensions to the contrary which can readily be drawn from Antiquity . 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 superstitious in their very religion , such which the Church would condemn , and daily seek to correct like evil children . This being the doctrine of the Primitive 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 Templa , non Ecclesias , or Dominicas ; for we must know that in the language of the Fathers by Temples they did mean such as the Gentiles had ; such as the Holy Scriptures call the place of Micah's images ; [ an house of Gods ] according to that famous saying of Isidore : Templi nulla ratio quod non coronat simulachrum : It is no Temple that is without an image , and it is no Church that hath one according to the Primitive Christian doctrine : and it was remarkeable what is told by Aelius Lampridius in the life of Alexander Severus , that when Adrian the Emperour had commanded 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 . But the best and most perfect account that can be given of the Christian religion in this article , is by the Ecclesiastical laws . The Councel of Eliberis in Spain made a Canon : placuit picturas in Ecclesia esse non debere nè quod colitur aut adoratur in parietibus depingatur . Pictures must not be in Churches , lest that which is worshipped or adored be painted upon the walls . From which plain place Bellarmine , Perron , Binius and divers others take great pains to escape : it matters not how , as to the question of Conscience ; it is sufficient what Agobardus Bishop of Lyons above 800 years agoe saies in this very particular . Now error is so grown , and is perspicuous that they approach neer the heresy of the Anthropomorphites and worsh●p images , and put their hope in them , the cause of which error is , that faith is departed from mens hearts , and they put their confidence in what they see . But as when we see Souldiers arm'd ▪ 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 , Martyrs 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●perstition , rectè ab Orthodoxis Patribus definitum est , 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 . To the same purpose the Fathers of the fourth Councel at Constantinople did quote the words of Epiphanius as we learn from the acts of the second Nicene Councel , in these words . 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 . To the same purpose was it decreed by another Synod at Constantinople of 338 Bishops , under Constantius Copronymus ; forbidding 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 Charles the Great , and the learned men of that age , and confirm'd by the Synod at Franckfurt where the Bishops of Italy , France and Germany were called by the Emperour to that purpose . To these if we adde the Councel of Mentz , and the second Councel of Sens * , who commanded populum moneri nè imagines adoret , 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 . Concerning the Christian doctrine ; I suppose my self to have said enough in this Article . But besides the premises there is something peculiar to be superadded which concernes both Jews and Gentiles , and the uninstructed Laity of the Christians . 1. Concerning the Jewes I have already made it appear that their religion was perfectly against images : But I have two things to adde which relate to them : First that in the disputations between the Jewes and Christian Doctors in the Primitive Church , they never objected against the Christians that they either had images or did worship them : as is evident to them that read the conference between Justin Martyr and Tryphon ; and in the book which Tertullian 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 . 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 began to fornicate with strange imaginations ; the Jew instantly became clamorous 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 ; Scandalizer in vos Christiani quia imagines adoratis : Scriptura quippe ubique praecipit non facere quenquam sibi sculptile , vel omnem similitudinem . 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 Leontius Bishop of Cyprus 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 Ludovicus Carretus , and the Catechetical Dialogues of Fabianus Fiogus . * But this observation is very remarkable out of the Jewish Talmud : For in the first part of it which they call the Misna 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 Gemara Babylonicum which is the second part of the Talmud 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 Commentaries of the Rabbins published in the tenth or eleventh age , the Jews call the Christian Churches 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beth havoda zara The house of idolatry : and it will be impossible that ever they can become Christians so long as they see images worshipped in our Churches : and the second Commandement left out of the Catechismes of those with whom especially they doe converse . That which I am to say concerning Heathens is this : That it is impossible that those Christians who worship images of God should distinguish their manner of worshipping the true God from the manner by which the Heathens 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 Arnobius brings in the Gentiles speaking , Neque nos aera , neque auri argentíque materias quibus signa confiunt , Deos esse & religiosa decernimus esse Numina , sed eos ipsos in his colimus , quos dedicatio infert sacra , &c. we doe not think the gold , or the brass , or the silver , of which we make our images to be Gods : but in these images we worship them . Hoc Deus est quod imago docet , sed non Deus ipsa , Hoc videas , sed mente colas quod cernis in ipsa . The image is not God , but represents him : your eye upon the image and your mind upon God. Quis enim alius est nisi si sit planè fatuus , qui haec Deos esse putet , non autem Deorum donaria & simulachra : None but fools ( said Celsus ) will call them God , which are but images of the Gods : and it is very pertinent which Lucian told the Matron , who took it ill that she was complemented too high and compar'd in beauty to the Goddesses ; 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 , unless you will suppose that Phidias made Minerva , or that to be the Heavenly Venus which a great many yeers agoe Praxiteles made at Cnidus . 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 . The same is to be seen in Athenagoras a , in Arnobius b , in Lactantius c S. Austin d , and divers others . Signa ad Junonis sospitae cruore manaver ; , Said Livy e ; The signs ( meaning the images in Juno's Temple ) did drop bloud : and Clemens Romanus f brings in the Heathens saying , We worship visible images to the Honour of the invisible God ; 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 . Olim truncus eram ficulnus , inutile lignum , Cùm faber incertus , scamnum facerétne Priapum Maluit esse Deum : Deus indè ego furum , aviúmque Maxima formido — 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 Commandement , 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 ; Ut pueri infantes credunt signa omnia ahena Vivere , & esse homines , & sic isti omnia ficta Vera putant : credunt signis cor esse in ahenis . for some are such very children as to think the woodden Poppet to be a woodman : 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 . 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 , particularly by Cassander , and Polydore Virgil , and Hesselius the Regius Professor at Lovain ; 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 , & reliquam observationem circà eas similiter ut gentes faciunt ; they doe to their images as the Heathens doe to theirs ; they are the words of Irenaeus by which he reproves the folly of some that had got the pictures of Christ and Pythagoras and other eminent persons : 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 ; Sanctifie ô God this form of the B. Virgin , 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 , and civil warrs or the invasion of Heathens may at the presence of this be suppressed . As bad or worse are in the Pontifical in the dedication of an image of the Cross , and of S. John , and at the hallowing the Agnus Dei. 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 Hales , our Lady of Walsingham , of Loretto , of Sichem , Aspricollis , Prurietana , Ardilleriana , more then our Lady of Nostredame , or Florence , or S. Denis . 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 Latria , and dulia , and Hyperdulia , nor can they skill in proper or improper worship , mediate and immediate , univocal , 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 theoremes 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 Hesselius of 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 Anthropomorphites ; ( 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 commentaries of the affairs of India : when the poor Barbarians of Nova Hispania in the Kingdome of Mexico had one day of a sudden found their idols taken down and broken , they sent four principal persons of their country to Alfonsus Zuasus 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. Sebastian whom Alfonsus had in great veneration hanging by his bed side , they pointed at him with their finger saying , the same regard which he had to the image of S. Sebastian , 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 worship 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. Sebastian , 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 . Alfonsus 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 Christians 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 . But I shall adde this , that though it be impossible to know how the worship of God by an image should come into the world ; unless it be as Tertullian 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 tradition 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 . Si Deus est animus — Hic tibi praecipuè pura sit mente colendus . 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 worship'd without an image , said Varro ; who addes this judgement of his own , quod si adhuc mansisset castius Dii observarentur : if the same had been still observed ; the Gods had been more purely , more chastly worshipped . The word which Varro uses is very proper and according to the stile of Scripture which calls idolatrous worshippings by the name of fornication . But Varro addes this reason . Qui primi simulachra Deorum populis posuerunt eos civitatibus suis & metum dempsisse , & errorem addidisse . The introduction of images brought in error and cast out fear , Stultè verebor ipse cum faciam Deos. if I worship what I make , I will not fear what I worship . Well and wisely did he suppose ( said S. Austin ) that the greatness of their Gods might soon become 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 Plutarch in the life of Numa . The Gods had houses and cells but no images , as supposing 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 . From hence I inferre that neither God nor Nature , 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 produce 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 images offer at some reasons for the use of images in story and ornament and instruction ; 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 honour 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 Borborus , by the pollutions 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 Scripture 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 Moses to be moral in every precept excepting that of the Sabbath , and to be of the law of Nature . So Irenaeus expressly : So Tertullian , S. Cyprian , Origen , S. Augustine , and generally all antiquity . The summe of all I express in the words of S. Paul , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . God is not worshipped with mens hands , that is ▪ with the productions of art and imagination . I conclude that the second Commandement is a Moral and Natural precept in the whole body and constitution of it ; 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 . Of the Jewish Sabbath , and the Lords day . There is one instance more in which the Rule is more apparently verified ; 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 Egypt , Deuter. 5. 14. and upon the same account to doe ease and remission 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to servants reasonable and unreasonable . R. Moses Ben Maimon in his Moreh Nebochim affirmes that the end of the Sabbath is , Septimam vitae partem homini praestare liberam , & vacuam à labore & defatigatione , tum conservare & confirmare memoriam , & fidem Creationis Mundi , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . because upon the seventh day all things were finish'd : and therefore according to that of Linus cited by Eusebius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 . 3. S. Austin hath another fancy ; and he intends to offer at no higher rate : Dici probabiliter potest , observandum Sabbathum Judae is fuisse praeceptum in umbra futuri quae spiritualem requiem figuraret , quam Deus exemplo hujus quietis suae fidelibus bona opera facientibus arcanâ significatione pollicebatur . 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 understood by the Jewes is but probabiliter dictum , a probable conjecture taken onely from the Natural similitude of the things . But allowing this : the consequent of all will be ; that what was for temporary reasons established cannot pass an eternal obligation . Concerning which it is to be observed that those are to be called temporary or transient reasons , 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 addresses to their chief city ; for these cease by subtraction of the matter and the natural abolition of the material cause ; because the wall of partition is taken down ; and the law of Ceremonies is abolished , and the people are exterminated from their Country , and their sacrifices are ceas'd , and their City is destroyed , and their temple burnt : but that reason also is transient and temporal , which in a like instance passes into a greater of the same kind . Thus the deliverance 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 bondage that was infinitely worse ; from the slavery of sin , and the powers of 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 ; vetera transierunt , old things are pass'd away and all things are become new ; and the Gospel is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 . And therefore we find that something of this very reason is drawn into the observation of the Lords day , or the first day of the week , by Justine Martyr , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . We celebrate 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 rest 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 . But in the precept of the Sabbath there are two great things . One was the rest , the other the religion of the day . The rest was in remembrance of their deliverance from Egypt ; and therefore they kept their first Sabbatick rest upon the very day in which their redemption was completed , that is , as soon as ever Pharaoh and his host were overthrown in the Red sea ; and this because it was external , ritual , National , relative and temporary , abus'd by superstition , and typical of something to come , without all contradiction is so perfectly 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 Munster 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 sexes , nor to climb a tree lest they break a bough , nor by singing to still the crying 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 . But the Jews say that Enoch and Noah , Abraham and Jacob kept a festival to God , 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 Moses did relate when to the words in Deuteronomy ; Remember to keep the day of the Sabbaths to sanctifie it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , according as the Lord thy God had commanded thee , 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 . Now concerning this the resolutions will be easie ; That God should be serv'd and glorified by us is a part of Natural and essential religion : this cannot 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 indeed is denyed by S. Irenaeus and Tertullian 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 greater , 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 portion 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 . Upon this or some equal account the Primitive Christians did keep the Sabbath of the Jews ; 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 , in which some portions of the law were read * : and this continued till the time of the Laodicean Councel ; 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 . At first they kept both dayes with this onely difference that though they kept the Sabbath , 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 opinion of essential obligation ; and without the Jewish rest , and upon the account of Christian reasons . Of this custome of theirs we find testimony in Ignatius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 delicious banquets , and softer drinkings or dancings that doe not better the Understanding . So that they kept the Sabbath not as did the Jews ; who as Munster affirm'd suppos'd it to be a keeping of the Sabbath if they wore better clothes , or , eat more meat , or drank the richest wines : Idleness and luxury , 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 [ meditation of the law . ] But then he addes ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . After 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 Balsamo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The Sabbath day and the Lords day were almost in all things made equal by the Holy Fathers and some of them called them Brethren : so Gregory Nyssen ; some , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Asterius , an excellent combination or yoke of the Sabbath and the Lords day : and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so the Canon of the Apostles , the feast daies which Zonaras well explicates to the present Sense , but the Constitutions of S. Clement ( which is indeed an ancient book ) gives the fullest account of it ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Let the Sabbath and the Lords day be kept festival ; 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 , &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 . The effect of which consideration is this ; that the Lords day did not succeed in the place of the Sabbath ; but the Sabbath was wholly abrogated , 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 Commandement ; 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 consequently 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 suppose 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 congenite 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 positive 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 ; because 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 duty , 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 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 , Io non pua cantare & portare la Croce , I cannot sing and carry the Cross too ; a man cannot at once attend to two things of contrary observation . That we are free from the observation of the Sabbath S. Paul expressly affirmes ; adding this reason , feasts , new moons , and Sabbath daies , and meats and drinks are but the shadow of things to come , but the body is of Christ : 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 Moses were types and figures of something in Christianity , and that some mystery of ours must correspond to some rite of theirs : 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 [ 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those things which were to come , they are but very shadows , and nothings : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or shadow signifies not in relation but in opposition to Corpus . The shadow , that is , a religion consisting but in rituals and exterior solemnities ; but Christianity is the body , that is , that durable , permanent , true and substantial religion which is fit for all men , and to abide for all ages : And therefore Hesychius by Corpus Christi in this place understands the word of doctrine : that is , a religion which consists in wise notion , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in truth , not in external rituals that signified nothing of themselves , but something by institution . Others by [ the body of Christ ] here , understand the Christian Church : in which sense the word is us'd by S. Paul to the Corinthians ; 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. Let no man make a gain of you who are the body of Christ. However that S. Paul 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 types and figures ; for the Pythagorean 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 fixings of their thoughts apt to wander to the Gentile Customes ; but nothing of Natural religion . Now although the primitive Christians did also meet publikely upon the Jewish Sabbaths , yet that they did it not by vertue of the fourth Commandement appears because they affirm'd it to be ceremonial and no part of the Moral law , as is to be seen in Irenaeus , Tertullian , Origen , S. Cyprian and others before quoted : numb . 41. And in the Councel of Laodicea the observation of the Jewish Sabbath which till that time had continued amongst Christians was expressly forbidden : Non oportet Christianos Judaizare & in Sabbato vacare , sed operari eos in eadem die , Dominicam praeponendo eidem diei . Si hoc eis placet , vacent tanquam Christiani , Quòd si inventi fuerint Judaizare , anathema sint . Christians must not keep the rest of the Sabbath , but work upon that day , preferring 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 . The Jewish Sabbath being abrogated ; 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 , as S. Paul disputes in his epistle to the Galatians , and from him S. Hierom ; and when S. Paul reprov'd the Corinthians for going to law before the unbeleevers , 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 prophaning 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 Sabbath , Constantine made a favourable edict that the Christians should not be impleaded on those two festivals . 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 . But although there was no holiness in any day ; 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 Christian Church that kept the Sunday festival , did it and profess'd to doe it in remembrance 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 appears by the Easterne Churches and all the Disciples of S. John 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 principal was mutable , then the less principal could not be fix'd , and this was well observed by S. Austin ; Hoc in iis culpat Apostolus , & in omnibus qui serviunt Creaturae potius quàm Creatori . Nam nos quoque & Dominicam diem & Pascha solenniter celebramus ; sed quia intelligimus quò pertineant , non tempora observamus , sed quae illis significantur temporibus . He first esteemed it to be a serving the Creature more then the Creator to observe any day as of divine institution ; 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 remember the things done upon that day . For the day is indifferent , and hath no obligation . God himself declar'd his dislike of the Religion or difference of daies , 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 such dayes are better circumstanc'd , but not better daies . The same is affirm'd by S. Hierome upon the fourth chapter the Galatians . But now that we are under no Divine law or Apostolical Canon , concerning the Lords day ; we may with the more safety inquire concerning the Religion with which it was accidentally invested . S. Cyprian and S. Austin suppose that because Circumcision was commanded to be on the eighth day , it did typically represent the Lords day , which is the eighth from the Creation : The Councel of Foro-Julium saith , that Isaiah 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 Matiscon . This is the day which the Lord hath made ; said the Psalmist , as he is expounded by Arnobius and divers other : Exultemus & laetemur in eo , qui à lumìne vero nostras tenebras fugaturus illuxit ; nos ergo constituamus diem Dominicam in frequentationibus usque ad cornua altaris . 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 . Upon 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 justification , and therefore this is called by S. Ignatius The Queen of daies ; upon this day Christ twice appear'd to his Apostles after the resurrection ; upon this day S. Paul appointed the collection for the poor , 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. Peter preach'd that operative Sermon which won three thousand Souls to the Religion : on this day S. John was in extasie and saw strange revelations : so that it is true what Justin Martyr said , Our B. Lord himself changed this day ; 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. Cyprian and S. Leo , S. Ignatius and S. Austin , the Councels of Laodicea , Matiscon and Foro-Julium , of Palestine and Paris 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 Socrates said ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; It was the purpose of the Apostles to make no laws concerning Festival dayes : but it is also very probable what one said ; that it descends from Apostolical institution , Servatâ tamen libertate Christianâ , that is , the Apostles did upon the Lords day often meet , break bread , and celebrate the memory of Christ ; and by their practice recommended the day as the most fitted for their Synaxes or Conventions ; but they made no law , imposed 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 Matiscon ) justum est ut hanc diem celebremus per quam facti sumus quod non fuimus , 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 . Quest. AND now if it be inquired how we are to celebrate this day ? I answer ; That we are sufficiently instructed by those words of the Laodicean Councel ; vacent tanquam Christiani : 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 becomes necessary . There are also some corporal works which are proper celebrations 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 , Parva , necessarium , res publica , res pia fratri . Among the old Romans in their most solemn festivals some things were specially permitted , Quippe etiam fest is quaedam exercere diebus Fas & jura sinunt : rivos deducere nulla Religio vetuit , segeti praetendere sepem , Insidias avibus molirì , incendere vepres , Balantúmque gregem fluvio mersare salubri . 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 . But besides the laws and practices of Heathens in the Natural religion and observation of festivals ; 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 : Moses of old hath them that preach him in every city being read in the Synagogues every Sabbath day ; said S. James . They met 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Philo calls their Synagogues , and they heard Moses 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. 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 . Sancta dies oritur , linguísque animíaque favete , Hoc dicenda bono sunt bona verba die . 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 Joshuah , it was broken at the siege of Jericho , it alwaies yeelded when it clash'd with the duty of any other Commandement ; 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 major domo ; 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 . And this also plainly was the practice of the Christians , and bound upon them by the command of their Superiors . 1. It was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as S. Ignatius expressly affirmes ; 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 : and therefore when Constantine the Emperor had made an edict against working upon the Lords day ; yet the excepts and still permitted all agriculture or labours of the Husbandman whatsoever : for God regardeth not outward cessation from works more upon one day then another , as S. Epiphanius disputes well against the Ebionites and Manichees . Thus far was well enough when the Question was concerning the sense and extent of a Divine Commandement ; labour is a Natural duty , but to sit still or not to labour upon a whole day is no whereby God bound upon Christians . 2. It was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so the same Father : The meditation and exercise of the word of God , and admiring the works of God , that was the work of Christian festivals : 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 . This we find in Justin Martyr speaking of the Christian Sabbath and Synaxes ; 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 Eucharist , then they give almes to the poor . 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 . To this purpose is that saying of S. 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 expietur . 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 rerection . In the Synod at Tours in France ; the Religion of this day was also strictly injoin'd . Oportet Christianos in laude Dei & gratiarum actione usque ad vesperam perseverare . 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 correspondent . Constantine forbad all labour but the labours of Husbandry : but affirmes the Lords day to be the fittest for dressing or setting of Vines , and sowing Corne. Leo and Anthemius Emperors forbad all publick pleasures , vexatious suites or actions , arrests , and law-daies , appearances in Courts , advocations and legal solemnities on the Lords day . The third Councel of Orleans 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 Oxford I find that on the Lords day Conceduntur opera carrucarum & agriculturae ; and I find the like in an old injunction of Queen Elisabeth , Corn may be carried on Sundaies when the Harvest is unseasonable and hazardous . In these things there was variety ; sometimes more sometimes less was permitted . Sometimes fairs and markets , sometimes none : In which that which we are to rely upon is this ; 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 religion of the day . 2. Nothing at all to be admitted which was directly an Enemy to religion , or no friend . 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 respectively of all criminal or scandalous actions upon that day . Witness S. Ignatius in his Epistle to the Magnesians , Tertullian apolog . c. 42. S. Gregory in his Epistle to Augustin Arch-bishop of Canturbury ; and S. Augustin Bishop of Hippo , in his 64 Epistle to Aurelius ; the 23 Canon of the Councel of Toledo , the edict of Leo and Anthemius , 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 Rutilius , Septima quaeque dies turpi damnata Veterno , Ut delassati turpis imago Dei. and that the rest of the day did represent God to have been weary , but therefore was designed for wine and the licentiousness of his servants . 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 absolute 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 . So S. Austin expressly ; meliùs faceret … . in agro suo aliquid utile quam si in agro otiosus existeret : & meliùs faeminae eorum die Sabbati lanam facerent quàm quae totâ die in neomeniis suis publicè saltarent . To doe something that is profitable in the field is better then to sit there idle , and to spin is beter then to dance . 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 forbidden 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 , cap. perven . de Consecr . dist . 3. Quidam perversi Spiritûs homines pravainter vos aliqua , & Sanctae fidei adversa seminarunt , ità ut die Sabbati aliquid operari prohiberent . They that forbid all manner of work as unlawful by Divine law upon the Sabbath are praedicatores Antichristi , preachers of Antichrist : for he when he comes ( saies S. Gregory ) diem Sabbathi atque Dominicum ab omni faciet opere custodiri : shall forbid all working upon the Sabbath and the Lords day . 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 although 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 . 6. The question concerning particular works , or permitted recreations is wholly useless and trifling : for quod lege prohibitoriâ vetitum non est , permissum intelligitur , 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 ; and there is no violation of any Commandement of God , even when there is a prophanation of the day indulged upon pious and worthy considerations . I end this with the words of Gerson : Quilibet eo die abstineat ab omni labore aut mercatione aut alio quovis laborioso opere secundum ritum & consuetudinem patriae , quam consuetudinem Praelatus Spiritualis illius loci cognoscens non prohibet ; quòd si aliqua super tali consuetudine dubietas occurrat , consulat superiores : Upon 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 . In all these cases , Custome and the Lawes , the analogy of the Commandement , and the designes of piety , Christian liberty , and Christian Charity are the best measures of determination . I have now done with the two great exceptions which are in the Decalogue , and are not parts of the Moral law . All the rest are Natural precepts of Eternal obligation ; and are now also made Christian by being repeated and renewed by Christ , and not onely left in their prime , Natural necessity , but as they are expounded into new instances of duty , so they put on new degrees of obligation . As a supplement to this Rule , and in explication of many emergent 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 . The measures of difference to discerne between Moral precepts and precepts not moral in the all laws of God. 1. 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 danger , 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 necessities 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 beneficial to their descendants ; and therefore the Regal power is founded upon the Paternal . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 powerful , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is the voice of Nature : He that honours his Parents is dear to God. * 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●mes and persons , a reason that will not pass away with the changes of the world ; a reason that injoines a thing that is perfective of our Nature , and which cannot be supplyed by something else ; all that is to be confessed to be a part of the Moral law . But on the other side if we take the instances 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 temporary 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 Natural reason can be given ; and therefore it was never written in our hearts , but given in tables that could perish . 2. That of which no reason can be given is not a moral precept . 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 appetites ; 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 fountains 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 Sacraments 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 . 3. 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 deceived 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 secular 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. Paul speaking of the secular Magistrate ; and commanding every Soul to be subject to them ; that is , Priests and Monks , Apostles and Evangelists and Prophets ( as S. Chrysostome thence argues , ) and all this 4. besides the Notoriety of the 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 Legislative ; 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 sufficient to declare it . That all who are oblig'd by a law should at least by interpretation 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 Communities 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 absolute power of a Prince , or the more compliant poster of a Father . This is better , but that is not evidently against a moral Commandement . 4. 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 , 1 . the complicated necessities of Men , 2 . the imperfection of humane Notices , 3 . and the violence of suspition , 4 . and the dangers of a third person , 5 . or the interest of the Republick , 6 . 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 indication of a Moral law . But of this I have already spoken upon another occasion . 5 Every Consonancy to Natural Reason is not the sufficient proof of a Moral law : For as we say in Natural Philosophy ; that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Natural affection , but praeternatural 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 , 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 become 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 having given to a man reason to live justly and usefully , soberly and religiously , having made these reasonable and matters of Conscience by a prime inscription , hath by such prime reasons relating to God or man bound upon us all Moral laws . Man onely is capable of laws , and therefore to man onely under God can Moral laws be relative . 6. When God gives a law and addes a reason for it ; 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 , he addes this reason , I am the Lord : 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 also 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 account 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 preface or thereason affixed to the first Commandement ; and something like it is in the second : For here when God saies , I am the Lord ; it is a proper , Natural , essential reason inferring that therefore we must have no other Gods , nor to any other thing that is not God give Divine honour . 7. 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 Noah , all the instances or particulars of which were not Eternal in their obligation . 8. 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 partakers 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 Eternal ; 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 pursuance 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 civil circumstances gives an almes to an old beggar hath done more regard to him then he that gives him a complement : For although Moral Commandements are sometimes signified with the investiture of circumstances or particular instances , yet because great reason is their measure , prime , natural , essential and Concreated reason , it is easie to make the separation . 9. 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. Paul speaks durst not eat flesh , 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 Conscience 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 Conscience as if it were a Native there , whereas it is but a pitiful inmate and ought to be turned out of doors . 10. The consonant practices of Heathens in a matter not expressly commanded 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 Hercules , they kept the seventh day sacred , they forbad their holy persons to make second marriages ; but it will be too great an easiness upon this account to suppose these to be matter of Essential duty : not onely because ( as Tertullian observes ) the Devil was willing to imitate the serity or customes and rites of Gods Church , to make his own assemblies the more venerable , Symbolical , alluring and persuasive ; but because the Nations 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 Greece and some learned persons went to School in Palestine 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 Nature ; because even the Gentiles , the Egyptians , the Arabians , all the Nations that descended from Ishmael and Esau , and divers other nations their neighbours did use it . But , Consent is no argument , when it is nothing but imitation . 11. The appendant penalty of temporal death imposed by God Almighty upon the breakers of a law , does not prove that law to be of eternal obligation . I instance in the gathering sticks upon the Sabbath , the omitting Circumcision , the approaching a wife in diebus pollutionis ; all which were made sacred by the greatest penalty , but yet had not the greatest obligation , they were not Moral . 12. 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 charity 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 morality . This holds in all instances and hath no exception . 13. 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 miscarriages 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 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 . RULE 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 . THat is , 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 Fathers will : He is the Author and finisher of our faith ; and therefore to him and to an obedience to him we must bring our understanding : we pray that his will may be done here as it is in heaven ; 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 Moses 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 the Eternal Father ; and all this was united into a Systeme of Holy precepts at the appearing of the Eternal Son : and since there is no name under heaven by which we can be saved but onely the Name of Jesus , 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 similitude 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 . One is more then all the numbers of the world . And if we look into the Nature of his Lawes we shall handle this truth as the people on mount Sinai did see thunder : all excellencies have as perfect 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 measure , 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 solemnity 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 perfect Lawgiver , whither shall we goe to understand the will of God ? Master whither shall we goe ? for thou hast the words of eternal life , said S. Peter ; there 's the question and the answer too , and they together make the argument a demonstration . 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 . The effect of this Consideration is ; 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 Moses ; some things by Moses were permitted for necessity , and because of the hardness of their hearts , thus divorces and Polygamy became legally innocent , 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 hath not planted must be rooted up : and therefore this law must needs be absolute , 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 alwaies be growing in this world towards perfection , and therefore that it is imperfect , and our obedience will be imperfect : yet even this Christ does not allow 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 ▪ 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 . Quest. UPon the account of this Rule it is to be inquired whether it can be lawful 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. To this I answer a distinction : That if the Question be whether in any cases there may be actual impunity ; there is no peradventure but there may , for sometimes it is necessary , as when a multitude sins , for then the remedy is much worse then the disease , and to cut off all would effect , ut nemo sit quem peccasse poeniteat ; there would be justice without discipline , and Government 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 Cesar and Germanicus 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 suffer'd : Thus it happened in the mutiny of Caecina's Legions and their defection to the Ubii ; The innocent part cut off all the rebels : and thus it was commanded by Moses 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 Government , 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 . But if by impunity be meant a legal impunity ; it must either mean that a law shall warrant the action , or that it shall before hand promise indemnity : if it warrant the action , which the Evangelical law hath forbidden , it is like the laws of Omri , it is statutum non bonum , and erects a Government against the law of Christ : if it condemnes the action but promises indemnity , 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 . Cautions to be observed in Civil permissions of an unlawful act or state : 1. That the thing so permitted , be in the present constitution of affairs necessary ; and yet will not be without the evil appendage . Thus it is necessary that in all communities of Men there be borrowing and lending ; but if it cannot be without usury , the Commonwealth might promise not to punish 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 : 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 measures 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 justice 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 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 : but then what are his rights , and what are not , what is fraudulent and what is fair , 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 compelled 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 indemnity , 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 . 2. Impunity may be promised to any thing forbidden by the law of Christ , if it be in such cases in which the Subject matter is disputable and uncertain 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 disputed , 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 . 3. Whatsoever is against the law of Christ in any instance may not be directly permitted for the obtaining a greater good , 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 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 excuse 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 . 4. When any such evil against the laws of Christ is permitted , 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 each man is bound to this , then every man 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 interest of Soules ; and this being the greatest ought infinitely to be preferred ; and therefore unless something be directly done that may be sufficient security against the probable danger , no interest of the Common-wealth is to be serv'd against it ; because none is sufficient to be put in ballance against one Soule . 5. This impunity ( especially if it be in the matter of sobriety ) must not be perpetual , but for a time onely , and must be rescinded at the first opportunity . Thus S. Austin when he complain'd of the infinite number of ceremonies 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. Gregory had sent Augustin 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 inconvenience , but afterwards it would be done . 6. Till the impunity can be taken away , 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 lupanaria to the outer part of the city ; It was a Summaenium , 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. Paul and the Apostles tolerated those Christians which from among their own Nation gave up their Names to Christ ; who yet were Polygamists , 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 honour whom they could not punish by a direct infliction of censures , or separation from their wives . 7. In all such tolerations of evil , the secular interest must be apparently 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 derive 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 . But now against the doctrine of the Rule many things may be objected ; for there seem many things and great cases to be for which the laws of the holy 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 casus omissus in the law . To this there may be many considerations offered . Of the measures of warre by Christs law . 1. If it be said that all warre is unlawful , against the analogy and against many express lines of our religion ; it is indeed a short way of answering this difficulty , but will involve the whole Christian world in many more ; but of this in the following numbers I shall give accounts . 2. If it be said that Christianity leaves that matter of warre wholly to be conducted by the laws of Nature and Nations : 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 concerne 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 . 3. If it be said that Warre is to be conducted by the measures of peace ; we speak what is impossible to be true : for inter arma silent leges , not onely because the sword is licentious and impudent ; but because the cases of peace and warre are wholly different . 4. If it be said that right reason must be the measures ; 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 judge ? whose reason shall rule ? whose arguments shall prevail ? and will he who is minor in causa be minor in praelio , be who hath the worst at the dispute yeeld also in the fight ? and are not the pugnacissimi the fighting men such as will hear and understand the least reason ? 5. Some will have the law of Nations to be the measure of warre ; 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 admitted 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 measures of warre shall be the edicts of any single General and nothing else . In the midst of these oppositions it will be hard to find something certain : but that which can most be relied upon is this . * That Christian Religion hath made no particular provisions for the conduct of warre under a proper title , because it hath so comm●nded all the actions of men , hath so ordered the religion , so taken care that men shall be just , and doe no wrong , hath given laws so perfect rules so excellent , threatnings so severe , promises so glorious that there can be nothing wa●ting towards the peace and felicity of mankind , but the wills of men . If men be subjects of Christs law , they can never 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 himself as he can ; having one measure of action , and another of defence . For his defence : 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 : Hoc & ratio doctis , & necessitas barbaris , & mos gentibus , & feris Natura ipsa praescripsit , ut omnem semper vim , quacunque ope possent , à corpore , à capite , à vita sua propulsarent . 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 defended , Armáque in armatos sumere jura sinunt ; 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 publick 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 violated , 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 Unreasonableness . 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 not defended , no single person can be ; and if they could , much rather should all . Whatsoever is absolutely necessary is certainly lawful , and since Christ hath no where forbidden Kings to defend themselves and their people 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 Jus naturae , 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 . But then if it be inquired , what is the measure of actions 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 , That the measures of action in publick are no other then the measures of the private ; the same Rule of justice is to be between Princes and between Private persons : they also must doe as they would be done to ; they must keep covenants , perform their words , hurt no innocent person whom they can preserve , and yet preserve themselves , they must keep themselves within 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 vexatitious measures secure our own interest , and destroy his just right , in an unnecessary 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 measures of justice and charity by the instruments of reason and customs and publike fame , and all the measures of wise and good Men. Warrs are so to be manag'd as private contentions are ; 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 measures 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 Banditi to manage their violences , or the Circassians 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 ( for there is no other just but what is defensive directly or by a just equivalency ) 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. John the Baptist gave the same measures to the Souldiers which contain every mans duty ; Doe violence to no man , and be content with your wages . 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 contentions : for in this case , two and two thousand make no difference in the rule , but much in the circumstances of the matter . Quest. 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 , that they can pass into a law , or if not , yet whether they are safe or no ? The question though instanc'd in the matter of warre , 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. nothing 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 . Of the Negative measures of examples in the Old Testament . 1. Therefore it is evident that not every thing done in the old Testament is a warrant for us : I instance in all the injustices and violences , rapines , 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 , 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 ; & quid nos in possessione felicitatis aeternae constituat , non quid vulgo veritatis pessimo interpreti probatum sit . 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 . 2. The actions of good men in Scriptures are not a competent warrant for our imitation ; 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 the word of God is useful for doctrine , for reproof , for exhortation and for information ; 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 every 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 Gath , not perswade another to tell a lie for us , as he did to Jonathan , 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 regularly he can be no rule to us . 3 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 . 4 4. There were in the old Testament greater latitudes 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 without a censure we find Jacob 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 Supreme Lawgiver of Mankind : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said S. Chrisostom : 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 licences 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. 5 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 supervening 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 positive law bound from a freer use of wine , directly by proper provision ; but we are . 6 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. Paul speaks of Gideon and Jephthah , Samson and David , Deborah and Baruch , 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 Razis is propounded as glorious and great when he kill'd himself to avoid Nicanor , 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 . 3. The actions of men in the old Testament though attested and brought to effect by the providence of God , is no warrant for our practice nor can they make an authentick precedent . I instance in the fact of Jeroboam , who rebelled against the house of Solomon ; although God was the author of that change , and by his providence dispos'd of the event , yet Jeroboam had rules to have gone by , which if he had observed God would by other means have brought his purposes to pass ; and Jeroboam 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 : that hath a motion of its own which depends not upon events and rare contingencies , or the order of secret providence : and therefore this which could not commend his action cannot warrant our imitation . 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 : if the command was special and personal , the obedience was just so limited ; and could not pass beyond the person . Thus Jehu took up armes against the house of Ahab by the command of God ; who intended 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 Commandement : For nothing is imitable but what is good : but in this there was nothing good but the obedience ; and therefore nothing can legitimate it but a Commandement . 5. Actions of good men if done upon a violent cause , or a great necessity are not imitable unless it be in an equal case and a like necessity . David 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 , He that does the same thing must have the same reason , or he will not have the same innocence . 6. Examples in matters of war are ever the most dangerous precedents : 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 David 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 involved , they may safely take for their warrant ; the example of Abraham fighting in behalf of the King of Sodom ; the act of Melchisedek in blessing God for the success of that battel ; the warres of the Judges and of David , because these were just and necessary by special command , or necessary defence , faith was the great instrument , and Gods blessing gave them prosperity ; they were against no law , and the like cases God hath not since restrained , 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 . 7. When a law is changed , 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 actions of their Zealots done in such instances are no examples to Christians : because when that Priesthood was chang'd , the law was chang'd , and then the 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 variety and specifick difference . Thus the Disciples of our Lord would fain have done as Elias 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 Elias did , because they were to doe as Christ commanded . Thus we find in the old Testament King Solomon 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 service 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 Solomon 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 appropriate to the Presidents of Religion . Of the Example of Christ. 8. In the new Testament we have so many , 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 ; Jesus Christ ; who living in perfect obedience 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 . In whatsoever he gave us a Commandement , 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 . This rule establishes the whole case of Conscience in this affair . Because our Blessed Saviour being an extraordinary person was to doe some extraordinary things , in which either we cannot , or we ought not to imitate him . He fasted fourty daies , we cannot : He whip'd the buyers and sellers out of the Temple , we may not without the authority of a publick person : He overthrew the Tables of the Merchants , but the young man in Portugal who being transported 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 ) 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 : but by the Sermons onely we are instructed , by the example incouraged : for admonetur omnis aetas fieri posse quod aliquando factum est : we see it possible to be done what Christ commanded us to doe , and then did , that we might follow his steps . 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 obligation , therefore we are to look upon Christ as imitable just as his life was measur'd by the laws he gave us , where they are , even there we also must endeavour to be so . * There is this onely to be added : That in the prosecution of his obedience to his heavenly Father ; he sometimes did action in gradu heroico , 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 impossible 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 attain 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 ; for therefore Christ hath suffered for us , leaving an example to us , that we might follow his steps : 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 , obediens factus usque ad mortem , 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The greatest honor we can doe to God and Gods law , is to understand God and to become like to him . For every one imitates that which he loves . Religiosissimus culturest imitari , said Lactantius , that 's an excellent instance of the Divine worship , to endeavour to become like to the Holy Jesus . 9. But this is to be reduc'd to practice so as that 1. The duty be certainly 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 ; because his rule and his example make 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an excellent confederation 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 the duty , and endeavour to doe it like Christ , which is the passion of the duty , 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 Nature , nothing directly of the advantage of it ; and is to be wholly conducted by prudence and consideration of accidents . 10. Afterall this ; as Christ must be imitated in all matter of duty ; 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 promoted , the essentials of the observation to be infallibly retain'd ; but in the 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 à praesidentium manu , 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 mimical 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 command , nor did any thing of Religion or excellence , that is , in which he neither 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 according 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 conducted competently by common reason . He that follows the vices of his Prince does like the man that worship'd Mercury 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 servant , 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 . But because against a Rule no example is a competent warrant ; 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 neither 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 . Of the use of examples in the 〈◊〉 and new Testament . But then if it be inquir'd , What use examples are of beyond the collateral incouragement to action , and which are safe to be followed ? I answer , 1. That in cases extraordinary , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , That which is holy , and that which is just ; and of this our Blessed Lord hath given full rules and measures : or else the measure is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , That which is worthy and becomming such a person : 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we may look about and see what such men as we are and ought to be , have done : Shall such a man as I fly ? said the brave Eleazar : he did not , and so made up the Rule by becomming a worthy precedent . 2. In complicated questions when liberty and necessity are mingled together , Rule and example together make the measures . Thus if it be inquired how we are to comport our selves towards our King , and what are the measures of our duty towards a Tyrant or a violent injurious Prince : the rule is plain , we must not strike Princes for justice ; and we must not hurt the Lords anointed , nor revile the Ruler of the people : but if we inquire further concerning the extension of a just defence , the Example of David 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 Sauls garment : 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 . 3. In the use of privileges , favours and dispensations where it is evident 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 himself 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 . 4. In all matters of doubt , 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 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 precepts of humility bear us to the Negative ; between these two , if they stand on equal termes , the Example of Hezekiah is sufficient to make the determination . 5. The greatest use of examples is in the interpretation of laws : when the letter is equivocal , and the sence secret , or the degrees of action not determin'd ; then the practice of good men is the best external measure we can take : for they are like sententiae judicatae 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 David in dividing the spoil between them that fought and them that guarded the stuff , as being a sentence in a question of equity , became a precedent in the armies of Israel for ever after . These are the uses we may make of Examples in Holy Scriptures and Ecclesiastick writers ; 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 unable to make use of our rule , as in the case of a doubting Conscience , or not to understand it , as in case of interpretation ; or else are concerning such things which are not direct matter of duty , but come in by way of collateral obligation : 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 . But then since there is this use to be made of them , 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 . The positive measures of example , and which may be safely followed ? 1. In this the answer hath but little difficulty not onely because of the Cautions already given in the Negative measures , 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 ; 2. That example is safe , 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 Pharaoh ; for it is said , Therefore God did build them houses , it was mingled with an officious lie , but that was but accidental to their action and no part of its constitution , and therefore not relative 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 unblessed 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 thriving of it may be the biggest curse , and nurse up the sin into its monstrous ugliness , 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 condemnanation of the action if the event was intolerable and the proper production was a mischief : and thus was the drunkenness of Lot condemned , because incest was the product , and of Noah , because shame and slavery were the two daughters of it . 3. Because in these examples for which there is no perfect rule the concernment is not a direct but a collateral duty , not matter of direct obedience , but fame and reputation , that things honest in the sight of all men be provided ; therefore such examples onely are to be followed which are of good report . 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 Nimrod did so ; because he was an infamous person : but when Joshuah 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 Joshuah because his fame is intire and illustrious he is accounted a good and a brave man. 4. We must be careful to distinguish the examples of things lawful from the examples of things good and just : and alwaies imitate these , but with caution follow those 〈◊〉 not onely because what was lawful in the old Testament is not alwaies so in the New , but that what is lawful at all times , at some times is not fit to be done . But then , let every example be fitted to the question : If the inquiry be whether this action be holy or no ? an example that declares it lawful 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 . 5. When evident signs of piety like veins of Silver in the grosser earth are mingled with the example , it adds many degrees of warranty to the determination . Thus our B. Saviour in his apology made for his Disciple appeald to the example of David eating the bread of proposition : it was indeed an argument to them depending upon the fame of the Patriarch , but yet our B. Saviour knew there was in it great charity and lines of piety to his hungry followers when David neglected a ceremony that he might doe a charity and releeve a necessity , and therefore Christ did it not because David did it , but because he might : Davids 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 . I have now given accounts concerning that principle ( mention'd num . 25. ) which affirms [ every thing to be imitable if done and described in the Scripture ] unless it be signally forbidden . Concerning the other [ That nothing is safe or warrantable that is not ] I reserve it for its proper place . CHAP. III. Of the Interpretation and Obligation of the Laws of JESVS CHRIST . RULE 1. In Negative precepts the Affirmatives are commanded , and in the Affirmative commandements the Negatives are included . NOT he that gives the law onely , but he who authoritatively expounds the law becomes to us a 〈◊〉 ●giver : 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 : because men by new or false or imperfect interpretation of laws become a law unto themselves or others , giving them measures which our Blessed Lord never intended : and yet an error in these things is far more dangerous then in a thousand others in which men make greater noises . I shall therefore indeavor to describe plain and rational measures of interpretation , that we may walk securely . It is observable that in the Decalogue and so in the whole law of Moses there are more negative Precepts then affirmative . The Jewish Doctours say that there are sixe hundred and thirteen precepts given by Moses , 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 caput ceremoniarum : ) But that of obedience to our Superiours is onely positive and affirmative : The reasons were these , by which also we can understand the usefulness of the observation . 1. Because this being the first great reformation of the world was to proceed 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 ; Virtus est vitium fugere , & sapientia prima Stultitiâ caruisse . — and therefore the face of the Commandement was covered with the robe of 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 Moses , the perfections of Evangelical Sanctity , not of the beginnings of the law . 2. The great Sanction of the law was fear of punishment ; and therefore 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 . Non furtum feci , nec fugi , si mihi dicat Servus , habes pretium , loris non ureris , aio : Non hominem occidi , non pasces in cruce corvos . That 's 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 furca : 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 . 3. The law of Moses was a pursuance of the Covenant of works ; and since it had in it very little beside the Umbrages of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 , Optimus est qui minimis urgetur , 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 Pharisees 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 Negative 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. because when they had been by the Commentaries of the Prophets and other holy men instructed in some Evangelical measures and more perfect intendments , 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 . 4. That the fifth Commandement is affirmative in the midst of all the Commandements that are Negative , hath a peculiar reason , but nothing against the former discourse : for it being a Sanction of obedience to our Superiours 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 significations ; 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 degrees 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Schoolmaster to bring them to Christ : and if they had been as much disposed for the entertainment of the rare and excellent affirmative 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 Moses before the comming of Christ. And these observations are verified by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or corresponding part : 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 Moses , he still superadded an affirmative of his own : So that it will be nothing but matter of speculation to discourse whether or no in the law of Moses , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 ; opposita relativa , and doe inferre each other . Thus we find it expressed often Whoso looketh on a woman to lust , hath committed adultery : that was our Blessed Lords commentary on the sixth Commandement which was negative ; but he addes ; If thy right eye offend thee pluck it out . So again , Resist not evil , that 's the negative precept , but Christ adds , If any man sues thee at the law and takes thy coat , let him have thy cloak also . So in the matter of oaths , Christ said , Swear not at all : for he still added a more severe negative to the Negative of the Law ; but then he addes his own affirmative : Let your communication be yea , yea , nay , nay ; that is , let it be plain and simple , meek and positive , easie and ingenuous . Thus our Blessed Lord did in his recitation and exposition of the Moral Commandements deliver'd by Moses ; 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 affirmative ; and when he was doing the office of a Lawgiver rather then of a Prophet and expounder of the old law , there his words were positive and affirmative . Witness the eight Beatitudes ; the precepts of charity and humility , 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 exhortations , precepts and reasons , promises and threatnings in complication and mutual consequences ; therefore we are without further inquiry sufficiently instructed 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 . But this is to be understood with its proper caution . For we say in Logick , ad Negationem non sempter sequitur affirmatio oppositi : every Negative does not presently inferre every contrary affirmative , as a matter of duty . It follows well , Thou shalt not forswear thy self , but thou shalt pay to the Lord thy vewes , 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 Neighbour . 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 : 1. Affirmative duty follows from the Negative ; 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 Commandement be expressed in Negatives ; Thou shalt not break thy vows , the affirmative 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 according to the first intention . The reason of this is , because between two contraries 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 . 2. From a Negative an affirmative is not alwaies inferr'd in a particular instance : 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 prisoners are not opposed in their whole matter and nature ; but the Commandement 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 added ; 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 Commandement 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 circumstances and to our powers . It is like a mans stomach , which of it self is indifferent to any good meat , but when by a particular 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or accident it requires this and nothing else , it must either have this or it will fast : So are affirmative 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 Universal is onely inferd by the consequence , the particular by accidents and circumstances . 3. From a Negative law the affirmative is inferr'd but not in the same degree of duty and necessity . 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 uncharitableness , or positively dishonour God. The reason is , because sins of omission 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 unavoidable inadvertency ; but of a sin of commission , the cause is alwaies positive , and therefore alwaies intolerable . 4. The affirmative which is inferr'd by the Negative law of Christ is not absolute and unlimited like the Negative , but modificated and limited by its proper and extrinsick measures . We must in no case and for no regard hinder 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 . Never turne thy face from any poor man , is a negative precept : to which the affirmative of Christ doth rightly correspond , Give to every one that asks : Now although the Negative is universally to be observ'd in its own just sense , Ut nè aversemur à paupere ; 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 Negative precepts oblige alwaies , and to an actual obedience in all times : but affirmative although they alwaies oblige , yet they can be obeyed but in their own season . So that although every Negative precept is infinite and hath no limit ; yet the affirmative have extrinsick measures and positions of their own , something 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 measures of contingency . 5. When affirmatives are included in , and inferred from the Negatives , the proportion of them is not positive but comparative : Thus when our Blessed Lord had given Commandement , Resist not evil , That is , we should not doe evil for evil : the affirmative which is properly consequent from this , is , Doe good for evil : 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 positive but comparative : If a man strike thee on thy cheek , turn the other also , 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 another ; nor that thou shouldst suffer it , if thou canst fairly avoid it : but that thou shouldest choose rather to suffer two evils , then doe one . But this is especially to be reduc'd to practice in matters of Councel rather then Precept ; that is , when the affirmative inferr'd from the Negative is matter of perfection rather then positive necessity ; then the comparative proportion is a duty ; but the absolute proportion and measure is but Councel . To oblige an Enemy and doe him acts of favour and benefit is an excellency of charity : for which Christians 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 . But then as to the other part of the Rule ; that [ in the affirmative Commandement the Negative is included ; ] there is no other difficulty but this , that caution be had that the negative be oppos'd to the affirma●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 . But this is sometimes not to be understood of the precise Commandement it self , 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 , When thou makest a feast , invite the poor , and thou shalt have recompence in heaven ; but then if we doe not invite the poor it does not follow that we shall be punished 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 doest 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 temporal interest : So that the Negative included relates to the reward , not to the precept , 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. when the precept is onely in the particular instance of a general commandement ; 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 . Lastly , 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 also commanded not to omit to express our love by Symbolical actions : for 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 cursing 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 danger or injury to our selves we may converse ; is a prevaricating the Negative or privative measures of the Commandement . RULE 2. When a Negative and an Affirmative seem opposite in any sence , the Affirmative is to be expounded by the Negative , not the Negative by the Affirmative . THus are those various expressions of our Blessed Saviour to be considered and understood . Unless ye eat the flesh of the Son of Man and drink his bloud , ye have no life in you : and yet our Blessed Lord saies , He that eateth the flesh of the Son of man hath life abiding in him . 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 in specie as well as to eat the flesh ? because of the exclusive Negative requiring both under the forfeiture of eternal 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 . To this the answer is made by this Rule ; the Negative cannot be lessened by the Affirmative , because a Negative can have no degrees as an Affirmative can ; and if the Affirmative were in this case sufficient , when the Negative 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 interpretation 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 threatning , because one thing is enough to destroy us , but one thing is not enough to preserve us , Bonum ex integra causa , malum ex qualibet particulari . 4. Because it is ordinary in Scripture to give the promise to every part of duty ▪ 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 , the pure in heart shall see God ; and the poor in spirit shall have the Kingdom , 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 person . 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 . This also is true when in the affirmative more is put then in the Negative , for even then the Negative is the strict measure of the Commandement , and the limit of its absolute necessity and exaction . He that beleeveth and is baptized shall be saved , but he that beleeveth not shall be damned . Here the negative is the utmost limit ; the necesse esse is describ'd in that ; the bene esse , and the ordinary 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 Summum jus which though by the method of laws it is often expressed that obedience may be invited as forward as it can , yet the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the abatement is in the Negative ; that 's 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 every 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 omitted upon a probable cause , or without malice ; or without the direct prevarication of an express Commandement . For many good things are wholly put to us upon the account of hope and promises , and not of Commandements , and obedience : though in these also God makes what abatements he please : but we are to make none at all . RULE 3. In the Affirmative and Negative precepts of Christ , not onely what is in the words of the Commandement , but whatsoever is Symbolical or alike , is equally forbidden or commanded . WHen S. Paul had enumerated the works of the flesh , and had put into the Catalogue most of those crimes which are commonly nam'd in laws and fame and the manners of men ; he adds , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Tribades , Fellatrices , Dranci , Pathici , Paedicatores , of which the Apostle saies , it is a shame even to name such things as are done of them in secret : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that 's the general word which the Apostle uses for them all , dishonourable lusts : Now when all unnatural lusts are forbidden , all mixtures but what are hallowed by marriage , 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 . 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 reproach 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 Rome , yet no law was needful to prevent it : and there needed no law to forbid a man to marry a boy ; yet Nero did marry Sporus , and he married Doryphorus , whom Tacitus calls Pythagoras : 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 . 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 Deperire desunctarum cadavera , 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 , Litare in sanguine femineo , and make their Eucharist of matter of abhomination , have enough of prime reason and common notices of laws and things to condemn their vileness , though they never study the question or inquire which Commandement they prevaricate . 4. There are some sins like others that are nam'd ; which are not distinct kinds , but like the monsters of Africa 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 like the sin of Simon Magus , that it hath obtain'd his name and his reproach , and yet it is not the same crime ; but upon the account of S. Pauls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Similitude , it hath the same condemnation . Thus Polygamy is like adultery , and marrying after divorce ( except onely in the case of fornication ) is like Polygamie . Concerning which things , there is one measure in general , and some other more particular . 1. In Generall . * The likeness of things to those which are expressly forbidden is not to be estimated by formes and outsides , and material resemblances , but by the intrinsick irregularity and reason of the prohibition . 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 vengeance : 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 justum , a just thing to take my own , yet to doe it from a thief by private authority where it is forbidden by the publick , is justum injustè factum , 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 . Par pari referre , 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 another , and although it is without a bargain , yet it is not without an obligation ingratitude comes under the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 2. But the particular measures of this Rule are these : watsoever is of the same specification is of the same obligation and necessity . But if men would be ingenuous and worthy in giving sentences of their actions and understanding 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 nothing of it . It is written , Thou shalt not tempt the Lord thy God , 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 . For because all actions are invested and varied with many circumstances , 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 exempt him from the general rule . Thus if a rule was given in the law of Moses , 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 Law , but what is that to the Gospel ? 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 Moses , 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 in profluvio sanguinis or seminis 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 measures of legal and Evangelical purity are wholly differing ; and therefore here the relation to the several states and laws is considerable and makes a material difference : But when there is nothing in one that appropriates it to it self , and nothing in the other that excludes it , then the circumstance and relation alters nothing of the proposition : and so it is in the matter of maintenance for the Evangelical Minister . But no circumstance can alter the question , unless it be a material ingredient 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 changed . * So when David 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 contacts did sometimes and to some purposes contract legal impurities , but not Evangelical , 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 marriage are declar'd to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as great a purity as chastity its self , of which this is one kind . But when there is no cause of change of the ingredient in the article ; if it be of the same Nature , though differing in extrinsecal or unconcerning circumstances , it is by way of specification included in the Rule , and is to be conducted by its measures . 3. Whatsoever is equivalent to the instance of the law , is also within its Sanction and constitution : By [ equivalent ] ( 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 violent 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 are ov●● us and watch for the good of our souls , and must give an account for them . 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 dishonour your bodies . This also is to be extended to the proportionable obligation of Correlatives . For if the Relative 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 either 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 degrees ; 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 instances of equals ; as in Friendships , Societies , Guilds , Colleges , Exchanges , Traffiques and the like . There must be care taken that according to S. Pauls rule , there must not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ease , remission and advantage to one , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 trouble , burden and disadvantage to the other ; but in relations that are equal , the duty and the expression must be so too ; ever with this caution , that , If the duty be the same between Relatives it cannot follow that the privileges are the same . The husband & 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 pares in conjugio , 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 . But upon the account of this Rule the Christians have a most certain demonstration of the unlawfulness of Polygamy or of having many wives at once : For our Blessed Saviour said , He that puts away his wife unless it be for fornication , and marries another committeth adultery : 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 . 1. A law drawn from a law must be evidently and apparently in the bowels of it before such extraction , or else it must not be obtruded as the Sentence and intendment of the Lawgiver ; Obey them that have the rule over you ] 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 measures the law neither said nor meant any thing , therefore the obligation extends not so farre . 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 ; 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 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 neglect the assembling of our selves together 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 indiscernible 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 appears in the instance now given in the precept of [ praying in secret : ] against which it is no objection to say , the consequents were not rightly 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 consequences : 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 deduc'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 , therefore 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 Radix Prosapiae , 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 . 3. In drawing consequent duties from express laws the first presumption is for piety and the honour of God ; 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 . 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 . 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 towards 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●ionary ; so that the evil is much more forbidden then that which brings it , or leads it in : because sometimes the evil instrument may be destitute of its evil effect , and therefore is in many degrees innocent and harmless , but if the evil be introduc'd it is all that which the laws were afraid of . And therefore Aristotle said right ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Religion 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. Paul an express prohibition , that we should not make provision for the flesh to fulfil the lusts thereof ; 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 temperance 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 uncharitableness 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 . This Rule hath two limitations ; 1. It is not to be understood of events contingent and accidental ; but either natural and proper , or foretold and threatned , or at least usual and noted . He that maliciously sowes false doctrine in the 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 . But 1. Whatsoever effect is natural to a forbidden action is directly upon the same account . Thus , whosoever divides the Church , to him are imputed 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 . 2. Whatsoever event is foretold and threatned all that also is imputed to him that does the forbidden action to which it is threatned ; and he is directly felo de se 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 forbad 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 direct 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 matter increase his guilt . 3. If an evil effect be not either natural , or threatned , yet if it happens ordinarily and be noted , it is to be imputed to him who does that evil and forbidden 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 upon his account evil descend upon his posterity or relatives , he is guilty of that evil and is a direct sinner in their punishment . 2. The other limitation which I am to interpose is this ; 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 action hath a proper life of its own , and it leaves a permanent effect , or is productive of the same by a continuing emanation , this if it be foreseen , and considered 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 Transylvanians , English or French make ill use of the arguments of Arius it is not to be supposed that it shall be put upon Arius his account at the day of judgement , 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 action , so also beyond the distance of his prevision . But for this that rule which is neerest to exactness is this , No effect which happens after a mans death is imputable to him as a new sin . So far as it was actually 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 ; The night comes when no man worketh , and whatsoever is beyond the line of life is also beyond the line of worketh , and therefore cannot increase or begin upon a new score , when the whole stock is spent . Lastly , that which proves all this , does also further explicate the Rule : Whatsoever event depends upon the will of another is so contingent in respect 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 . RULE 5. The laws of Jesus Christ are the measures of the Spirit , and are alwaies to be extended to a Spiritual signification . IT was a fair Character that was given of the Christians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . They obey the laws appointed for them , 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 what justice societies are established and continued , in all that they exercise 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 . Humane laws can exact but the outward action ; they neither can command 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 Moses , 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 pay them : 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 Sacrifice , and his purest thoughts are Oblations , and holy purposes are the best presents , and the crucifixion of our passions is the best imm●●tion , the onely beasts of sacrifice , and the Cross of Christ is the altar , and his passion is the salt of all our sacrifices , and his intercession makes the swee● perfume , and so atonement is made by the bloud of the Lamb , and we are accepted in our services , and our wills are crowned with the rewards of a holy obedience : 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 certain 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 . Plutarch tells of Apollodorus that he dreamd he was taken by the Scythians , flea'd alive and then cut in pieces and thrown in a bo●●ing caldron , where his heart leapt forth into the midst of all the little portions of flesh and told them , I am the cause of all this evil : It was something like that saying of S. Bernard , Nihil ardet in inferno nisi propria voluntas ; Nothing burnes i● the Eternal flames of hell , but a mans heart , nothing but his will : for from the heart proceed evil thoughts , adulteries , &c. said our Blessed Saviour●● but therefore God requires the heart , that is , that the principle of actions be secured , and the principalis Domus 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 charitable nor hospitable , and shall neither have the reward of an Apostle nor a Brother . 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 Martials viper and his fly . Introrsum turpes , speciosae pelle decora . 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 , that God be served with the will and the affections ; and that these be never separated from the outward work . 2. But it is also meant that the whole design of the laws of Jesus Christ is to be perfective of the Spirit , and his Religion is a Spiritual service ; that is , permanent and unalterable , vertuous and useful , Natural and holy , not relative to time and place , or any material circumstances , nor integrated by corporal services ; The effect of which is this . 1. The body of the Christian services does wholly consist of Natural religion , 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 . 2. As it intends wholly an exclusion of the Mosaick ceremonies , 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 imperate 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 : 1. The Mosaick rites were appointed by God ; the Christian onely by Men. 2. Consequently they are necessary parts of the Religion , these are not . 3. The Mosaick Ceremonies did oblige every where ; the Christian onely in publick . 4. They were integral parts of the Religion ; these are but circumstances and investitures of the Religious actions . 4. These are to be done with liberty ; but the Jews were in bondage under theirs . 5. Ours are alterable , theirs lasting as their Religion . 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-hand by which Princes or Prelates shall appoint the number of their ceremonies ; 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 : stola & tunica ; something for warmth and something for Ornament does well ; but she that wears so many adornements on her 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 in folio , Quem mea vix totum Bibliotheca capit . 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 prettinesses ; 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 orderly 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 ; Ceremonies may be the accidents of worship but nothing of the substance . this they were among the Jews , that they may be amongst the Christians , Time and place for the action : Habite and posture for the men ; that 's all that religion needs , whatsoever else is grave and decent , and whatsoever else is orderly 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 . 3. In the Christian law all purities and impurities are Spiritual ; 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 repentance : O nimium faciles qui tristia crimina caedis Tolli fluminea posse putatis aqua . 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 declamation 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 beleeved 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 doctrines some false , and the others not true , was a less honourable opinion of that holy institution on which God founded the first blessing of Mankind ; and which Christ hath consecrated into a mystery , and the Holy Spirit hath sanctified by the word of G●d and prayer , and which is the seminary of the Church , and that nursery from whence the Kingdome of heaven is peopled . But if marriage be lawful , then he that lives in that state as he should , contracts no impurities , but is capable of any holy ministery , and receptive of any Sacrament , and fit for any imployment , and capable of any office , and worthy of any dignity . Let them who have reason and experience to verifie their affirmative 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 single life , and in a private state , and an unactive condition , and a small fortune , and retirement ; but then although every one of these hath some ; yet a publick state , and an active life , and a full fortune , and publick offices , and a married life 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 neglected or improved . But that which I insist upon is , that to be rich is no sin , and to be a person●s ●s no crime , and to be marryed is no imparity : and therefore to suspect a disproportion between this state , and Spiritual actions or offices , is a jealousie whose parent is heresie , and pride and interest are its nurses . Fornication is uncleanness , and concubinate and voluntary pollutions , and unnatural 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 . Upon this account I am also to take away those scruples which have been thrown into mens Consciences by some indiscreet persons , concerning involuntary pollutions ; concerning which we find many absurd stories of Friers , and of pretended temptations and spites of the Devil to hinder them from receiving the Holy Sacrament by procuring such accidents to them before the solemnity : which persuasion was wholly upon this account that the Spirit could be polluted by something that is without ; 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 . 4. Although the Spirituality of the Gospel excludes all shadows of ceremonies , 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 the worship of the body may also be Spiritual : to worship God with our bodies is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a reasonable , and therefore a Spiritual worship . Thus when the eyes are lift up in prayer , 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 bodily religion such as was that of the Jews cannot be a Spiritual religion such as must be that of the Christians , and yet the service of the body is also a part of the ministery of the Spirit ; the Rule which can determine our Conscience in the instances of this article is this : 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 . For in vertues there is a body and a foul ; and all transient actions , or ad extra 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 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 feeling 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 commencements and dispositions to glory ; so these spiritual ministeries of the body may nourish it and dispose the body to its perfect spirituality in the resurrection of the just . But then these ministeries of the body , 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 Religion , it is the Soul and the Spirit which is the principal agent , and from thence the action must be denominated to be Spiritual . But as when the eye is made to twinkle and look spritefully , or amorously , or is propos'd as a peece of beauty 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. Paul hath given us perfect measures in this inquiry , To give our body to be burned , to give all our goods to the poor , to have all faith , are but the bodies and outsides or material parts of our Religion , 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 places 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 actions of the Spiritual Religion of a Christian. But from this , those things onely are excluded , which either are not the direct productions of a sanctified soul , or proper and prudent ministeries to some vertue . 5. The Spirituality of the laws of Jesus Christ have yet one effect more : 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 expounded , 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 between 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 that hath less of the spirit in it then the other , and is nor requir'd in the presence of the other : this is to be adjudged the 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 before external ministeries ; obedience before Sacrifice , mercy before Oblations ; 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 . But as to the general conduct of the Conscience in all these inquiries , the Rule is this : All acts of vertue are to be preferred before the instruments of it : and that which exercises it , before that which signifies it ; and inward acts before the outward . 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 rebellious 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 internal must never be omitted upon pretence of preferring the internal ; because they never can contradict one another , as it never can be disputed whether 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. James : If a Brother 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 ? 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 external , but in destitution of it and supply . But this will be yet further explicated in the following Rule . RULE 6. The imperate acts or outward expressions of the Vertue of one Commandement , must not contradict the elicite acts of another . BY imperate acts I mean such which are commanded to be done by the interest of any vertue whatsoever , not proper to the vertues but such as may minister to it , or signifie it : Thus to deny the impure sollicitations of an unchast person is a proper , an elicite act 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 imperate acts , 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 General ; 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 . The elicite acts of several vertues can never be contrary to each other : as an act of Religion is never against an act of charity : chastity is never against justice , 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 Parents 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 Sirach , Let not the reverence of any man cause thee to sin ; 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 cannot 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 * : but that which for the present I am to say , is this , that although the outward act cannot at all times be exercised 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 . 2. The imperate acts of one vertue may contradict the imperate or instrumental and ministring acts of another : as fasting when it is commanded by Religion may be against the advice of our Physitian , whom to observe it is sometimes a precept of prudence , sometimes of charity . Religion commands us sometimes 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 upon something from without : which because it can unavoidably be hindred , it must needs also be , that it may inculpably be omitted . But then the Rule is this ; Because all imperate acts of vertue , 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 ; Don Antonio Licente of Portugal 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 , Inamorato , and receives this amongst other advices , that at no hand she should appear before him with any Artificial handsomeness : If she obeyes her Husbands humor 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 ministring 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 . But in this there is some variety , and ought to be some caution : For although the principal vertue is to be preferred not onely in it self or in its proper 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 respective 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 inconsiderable 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 lipothymy , 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 chusing 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 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 . But in the like cases , 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 reconciled : but when they cannot , the former measures are to be observed . 3. Those actions which can onely signifie or serve the interest of vertue 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 principal is ever to be preferred before an instrument , and an act of duty before an act of prudence , and necessity before convenience . 4. But in things subordinate , that is , when the outward act is an elicite act of vertue , and truely subordinate to the internal , there can be no contradiction 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 ; He that does an inward and elicite act of vertue , will certainly if it be in his power , doe the outward elicite act : 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 minister . 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 ; an outward elicite act of vertue can never goe alone , unless it be the product 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 neither the imperate nor the elicite act of any vertue whatsoever . 5. Though the words of Art here used be not common , 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 ; 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 vertue . 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 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 instrument 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 . 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. IN this there is one great difference between Positive and Negative laws . 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. Francis 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 instruments are out of use , as to these purposes . For here nothing is under command 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 forbidden . O●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 Moses ; 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 , Non concupisces is the apex juris , it is the Conservatory and the last duty of every Commandement Nam scelus intra se tantum qui cogitat ullum Facti crimen habet . — 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 . Exercetur , atque aperitur opere nequitia , non incipit . The deed tells the heart , and opens the shop of crimes , but they begin in the heart , and end in the outward work . But in this there is no difficulty : 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 uncharitable or unjust to my Brother , but are permitted when they are otherwise . 2. But the intention of the Rule is more : For it means that all the addresses 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 . 3. It is also meant concerning temptations to a forbidden instance ; for they also are forbidden in the prohibition of the crime : which is to be understood with these Cautions : 1. If the temptation be in a Natural and direct order to the Sin , it is forbidden , 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 ministers directly to the lusts of the lower belly though in a less degree ; as lying soft , studying the palate , arts of pleasure and provocation , inticing gestures : with this Caution ; 2. If the effect be observed in these less and lower instances then they are directly criminal : 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 account ; which if it be criminal , to that these instances are to be reckoned , and not to that sin to which they minister unknowingly . 3. Every temptation is then certainly to be reckoned as a sin when it is procured by our own act ; whether the temptation ministers to the sin directly or accidentally : for if we chose it , it can have no excuse : tute quod intristi tibi comedendum est : 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 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 Abraham did Ismael 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 , Hic locus , haec eadem sub qua requiescimus arbor Scit quibus ingemui curis , quibus ignibus arsi . 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 further , they have given demonstration of their love of sin when they make so much of its Proxy . * But there are others who have great experience of the vanity of all sin and the emptiness and dissatisfaction that is in its fruition , 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 rather 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 immense 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 unwilling 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 beloved sin ; we shall see reason enough to affirme these men to be the greatest breakers of the Laws of Jesus Christ ; though they onely tempt themselves , 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 . 4. If the temptation be involuntary , then it is not imputed : and yet this is to be understood with this provision ; that it be neither chosen directly , nor by interpretation ; that is , that it be not entred into by carelessness , 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 . RULE 8. The suppositive propositions with the supervening advices of our Blessed Saviour are alwaies equivalent to matter of duty , and are by interpretation a Commandement . THIS Rule is intended as an explication of the precepts of prayer , 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 supposes 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 declaration 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 . Concerning which we may take an estimate , by those other expressions of our Lawgiver concerning almes ; which we without further scrutiny know to be Commandements , because in other places they are positively expressed : 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 Gospel , Christ , Moses and Elias , who were concentred and inwrapped in one glory upon mount Tabor 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 Joel , Thus saith the Lord turn ye even to me , with all your heart , with fasting and with weeping and with mourning . Now whatever the Prophets said that related to Religion abstractedly , or morality , all that is Evangelical ( as I proved formerly in this Book : ) * Besides there was an universal solemn practice of this exercise , under Joshua at Ai , under the Judges at Gibeah , under Samuel at Mizpah , under David at Hebron ; fasts frequently proclamed , frequently instituted ; at the preaching of Jeremy and Daniel , of Joel and Zechary ; 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 Jerusalem among the Jews and at Niniveh 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 . This heap of considerations relates to that state of things in which our Blessed Saviour found this Religious exercise at his comming . 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 : 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 . 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 recommend , to destroy not to adorne by the superfetation of a new Commandement . 3. These words he speaks to his Disciples in the promulgation of his own doctrine , in his sermon upon the Mount , which is the great institution and Sanction of the Evangelical doctrine , and therefore left it recommended and bound upon them by a new ligature , even by an adoption into the Everlasting Covenant . 4. He represents it equally with those other of prayer and almes , which in this excellent digest of laws he no otherwise 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 Our Father , and when ye fast , be sincere and humble . 5. He that presupposes 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 . My Son when thou servest the Lord prepare thy soul for temptation , So the Sonne of Syrach : and again , When thou hearest forgive : and again , When thou art afflicted call upon him , which formes of expression suppose a perfect persuasion and accepted practice of the duty ; and is more then a conditional Hypothetick : Si jejunatis hath in it more contingency , but Cùm jejunatis is an expression of confidence and is gone beyond a doubt . 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 . 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 . Now for confirmation of all this , and that this was to this purpose so understood by the Disciples and followers of our Lord : S. Paul was in fastings often ; and this was a characteristick note of the Ministers of the Gospel In all things approving our selves as the Ministers of God in much patience… . in watchings , in fastings : and when Paul and Barnabas were ordained Apostles of the Uncircumcision , they fasted and prayed and laid their hands on them and so sent them away ; and esteemed this duty so sacred , that S. Paul permitted married persons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to appoint vacant times from their endearments that they may give themselves to fasting and prayer : and the Primitive Christians were Generally such Asceticks in this instance of fasting , that the Ecclesiastical story is full of strange Narratives of their prodigious fastings . Lastly , fasting is an act of many vertues : it is an elicite and proper act of temperance , and of repentance , aud of humiliation , and of mortification of the flesh with its affections and lusts ; it is an imperate and instrumental act ministring to prayer , and is called a service of God : So the good old Prophetess served God night and day in fasting and prayer : and that which serves God , and ministers so much to religion , and exercises so many graces , and was practis'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 reward it ; certainly this can be no less then a duty of the Evangelical or Christian Religion . But yet although it be a duty , yet it is of a Nature and obligation different 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 obligatory to the man by other measures , by accidental necessities and personal capacities , 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 fasting is a proper , apt , natural , usual , approved expression , and an exercise of repentance : 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 advantages 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. James , Be afflicted , and mourn and weep , let your laughter be turned to mourning , and your joy to heaviness : Humble your selves in the sight of the Lord : that is , repent ye of your sins : for all these expressions signifie but this one duty , and this great exercise 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 something else , in its just time and circumstances . In order to other ends fasting is to be chosen and preferred before instruments less apt , 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 . RULE 9. The institution of a Rite or Sacrament by our Blessed Saviour is a direct law , and passes a proper obligation in its whole integrity . THIS Rule can relate but to one instance ; that of the Holy Sacrament of Christs body and bloud ; for although Christ did institute two Sacraments , yet that of Baptisme was under the form of an express Commandement , and therefore for its observation needs not the auxiliaries of this Rule . But in the other Sacrament the institution was by actions , and intimations of duty , and relative precepts , and suppositions of action ; as quoties feceritis , and the like . Now whether this doe amount to a Commandement or no , is the inquiry ; and though the question about the half Communion be otherwise determinable , yet by no instrument so certain and immediate as this . In order therefore to the Rule of Conscience in this instance I consider , that an institution of a thing , or state of life by God , and by his Christ is to be distinguished from the manner of that thing so instituted . When a thing is instituted 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 Mothers wombs , and some were made Eunuchs by men ; and some make themselves 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 publick 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●ster to the necessary end , so farre it was a necessary Commandement . 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 pieces by the discipline of a new institution , it was esteemed infamous , and it was punishable not to marry . But then if we consider the manner of this thing so instituted , it is certainly 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 , he must make her serve no desire but what is Natural , and so in every thing is he limited to the first institution . The reason is , because a Divine institution is the whole cause , and the intire 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 oblige 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 . Nam is quanquam tri●nnium nutricibus dederit , tamen ab illis quoque jam formandam quàm optimis institutis mentem infantium judicat , said Quintilian . The understanding even of infants is from the very beginning with the best institutions : that is , with the best laws and precepts of manners . Institutiones sunt praeceptiones quibus instituuntur & docentur homines , said Laurentius Valla : the precepts by which men are taught what to doe are called institutions : so Quintilian inscrib'd his books , de institutione oratoria , and Lactanius wrote Institutions ; 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 institution does not directly signifie a Commandement , but it supposes the persons obliged , onely it superaddes the manner and measures of obedience . Cùm ad literas non pertineat aetas , quae ad mores jam pertinet , &c. saies Quintilian ; 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 . And thus it is in the matter of the Sacrament as it is in the matter of marriage . All men are not alwaies obl●g'd to receive the Sacrament ; for the institution of it being in order to certain ends , and in the recipients certain capacities and conditions requir'd by way of disposition , there can be but a relative 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 , Whatsoever is a part of Christs institution of the Sacrament is for ever obligatory to all that receive it . But the Sacrament in both kinds is a part of the institution of the Sacrament , Therefore , It must for ever oblige all that communicate or receive it . The first proposition relies upon the nature of Divine institutions , which giving 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. 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 , saith S. Ambrose . S. Paul 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 , Si quis Evangelizaverit praeter quod accepistis , if any man preach any other Gospel then what ye have received , let him be Anathema , that is , from Christ we have received it , 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 . And indeed how is it possible to pretend a tradition from Christ by the hands of his Apostles , and the ministery of the Church if we celebrate it otherwise then Chr●st deliver'd it ? Religion nostrae congruit , & timori , & ipsi 〈◊〉 , & officio Sacerdotii nostri custodire traditiones Dominicae veritatem . Et quod priut videtur apud quosdam erratum , Domino monente corrigere , ut cum in claritate sua & majestate coelesti venire coeperit , inveniat nos tenere quod monuit , observare quod decuit , facere quod fecit ; they are the excellent words of S. Cyprian , 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. Cyprian confutes their folly , is a recourse to the institution . See , how did Christ deliver it : inventmur non observari à nobis quod mandatum est , nisi eadem qua Dominus fecit , nos quoque faciamus . Unless we doe what Christ did , we doe not observe what he commanded ; plainly implying that the institution it self was a Commandement : we must hold what he admonished , we must observe what he taught , we must doe what he did . Not every thing done at the time of the institution , but everything of it . For ( saies he ) Christ did institute it after Supper , but we in the morning . But every thing by which he did signifie what he did exhibite , and exhibite what he did promise , every such thing was a part of the institution , and cannot be changed . And therefore S. Paul when he instructs the Corinthians in the mystery of the holy Eucharist , uses no demonstration of the Rites but this . I have received this of the Lord : and This I have delivered unto you , other things I will set in order when I come ; That is , whatsoever I did not receive from the Lord Jesus ; whatsoever was not of his institu●ion , I have power to dispose of ; but not of any thing which he appointed . Now there is no peradventure , but the Apostles understood this institution to be a Commandement , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said Justin Martyr . speaking of the distribution of the Bread and Wine , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to every one that was present , he saies that the Apostles did deliver that Jesus so commanded them . * For what Commandement have we to consecrate in bread and wine ? What precept is there that the consecration should be by a Priest ? Nothing but the institution . For if it be said that Christ added the preceptive words of [ Hoc facite , ] This doe in remembrance of me . I reply , He did so . But [ Hoc facite ] is no Commandement of it self , but when it is joined with , in mei commemorationem , in remembrance of me ; That is , when ye remember me , then doe thus : So S. Paul more expressly , This doe as often as ye drink it in remembrance of me . Therefore Hoc facite 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 hoc facite 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 . But 2. The Apostles receiv'd an express Commandement ; Drink ye all of this . If therefore Christ instituted the Sacrament for the whole Church , and that they were the representatives of the whole body of 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 institution 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 . And indeed the Apostles were not then Priests . True , say they of the Church of Rome , they were not ; but James Payva a Portuguese in the Councel of Trent talked merrily , and said that the Apostles as Laicks received the Bread , but then when Christ said , Hoc facite , this doe , 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 Canisius , Suarez , Bellarmine , and divers others . But if this be stood upon , besides 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 Hoc facite , spoken before the institution of the Chalice , then Hoc facite does not signifie , Offerte Sacrificium , and consequently cannot make them Priests , that is ( with them ) Sacrificers , For by their own doctrine to offer both kinds is necessary to its being a Sacrifice . Since therefore the first Hoc facite ( 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. Paul ) does to the consecrating of the Chalice , either they are Priests without a power of Sacrifice , or the Sacrifice is compleat without the Chalice , or else they were not then made Priests when Christ first said , Hoc facite ; 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 difference 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 before 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 Commandement 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 Sacrament 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 , Hoc facite , 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 propositions in our Divinity . To which I adde this consideration that if our Blessed Lord did by those words of Hoc facite make his Disciples Priests , then they were Priests before the Lord himself ; for although he was designed for ever ; yet he was consecrated on the Cross , there he entred upon his Priestly office ; but officiates in that Office not on earth but in heaven , For if he were on earth he should not be a priest , saith S. Paul , therefore being consecrate on the Cross , he ascended into heaven to be there our priest for ever there making intercession for us . Now it were strange if the Apostles should be declar'd Priests before the Consecration , 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 inquiry into it , it was raised to serve the end of this question , to answer an objection , 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 Rome , 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 . 3. This trifling pretence being removed , it remains that the words of institution , Drink ye all of this , 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 Watch and pray lest ye fall into temptation ; and unless ye be converted and become as little children , ye shall not enter into the Kingdome of God ; 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 institution of the H. Sacrament and Commandement of [ Drink ye all of this ] For , Oportet coenam Dominicam esse communem , quia ille omnibus Discipulis suis qui aderant ▪ aequaliter tradidit Sacramenta , said S. Hierom. The Lords Supper is common to all , and so ought to be ; because our Lord did equally deliver it to all that were present : and upon this very account Durandus affirmes : In primitiva Ecclesia singulis diebus omnes qui celebrationi missarum intererant communicare solebant , eò quòd Apostoli omnes de calice biberunt , Domino dicente , Bibite ex eo omnes . 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 , Drink ye all of this . And this appears beyond all contradiction to have been so intended . So S. Ignatius ; there is one bread broken to all , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and one Chalice distributed to all , and there is no difference in this between the priest and the people , said S. Chrysostom ; 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 precepts of eating and drinking to all that are sanctified in Christ Jesus , even to all who are to examine themselves ; for let a man examine himself , and so let him eat of that bread and drink of that cup : and that it was so the custome of the Church , and their Doctrine that all are to receive the Chalice , that there was no Scruple made by the Church concerning it , we are fairly induc'd to a beleef ; by the addition made to the Greek text of 1 Cor. 10. 17. by the Vulgar Latin ; for whereas it is in the Greek [ we all partake of the same bread ] the Vulgar Latin addes [ & de uno Calice ] and of the same cup. This I the rather note because the Jesuits of Colein did use this for an argument of the half Communion ; because when S. Paul had spoken of the consecration he mentions 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 conclusion drawn from a particular Negative in one place ; and against his custom in other places , and besides the institution . For the doctrine and practice of the Church is so notorious in this Article that in the Greek Church there was never any variety in it ; 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 Rome sings in the Hymne upon Corpus Christi day , Dedit fragilibus corporis ferculum , Dedit & tristibus salutis poculum , Dicens , Accipite quod trado vasculum : Omnes ex eo bibite . 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 , Drink ye a●l of this . Indeed it was often attempted to be chang'd upon the interest of divers Heresies and superstitious fancies , and rare emergencies . For , 1. It was attempted to be omitted in the time of S. Cyprian when some impertinent people would have water onely ; 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. Cyprian in a letter to his Brother Caecilius , I find no mention of them afterwards . 2. It was attempted to be chang'd upon occasion of the Eremites , 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 justification 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 Toledo in the year 390. and afterwards again forbidden in the year 500. by the Fathers met in Councel at Caesar Augusta . The words of the Councel of Toledo are these ; Si quis autem acceptam à Sacerdote Eucharistiam non sumpserit , velut sacrilegus propellatur : but this is fuller explicated in that of Caesar Augusta , Eucharistiae gratiam si quis probatur acceptam non consumpsisse in Ecclesia , anathema sit in perpetuum : so that under the pain of a perpetual curse , and under the crime of Sacrilege they were commanded 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 . 3. In the time of P. Leo the first , the Manichees 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. Leo discover'd them by their not receiving the Chalice in the holy Eucharist ; and whereas they would have receiv'd in one kind onely , he calls it sacrilege ; and reproves them with the words of S. Paul ; Mark them which cause divisions amongst you , and offences contrary to the doctrine which ye have received . This was about the year 449. 4. A while after , about the yeare 490. Some had gotten some superstitious 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. Gelasius made short work with them ; he condemn'd their superstition and gave sentence , Aut integra Sacramenta percipiant , aut ab integris arceantur , Either all or none : Drive them from the H. Bread , if they refuse the Sacrament of the Lords bloud . 5. The Church had sometime in extraordinaay cases , as in communicating infants or dying people , dipt the holy Bread into the Chalice , and so ministred 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 mention'd in the History of Serapion in Eusebius , and in S. Cyprian 4. de lapsis , & in Prosper● . But against this breach P. Julius oppos'd himself and stood in the gap , declaring it to be against the Divine order and Apostolical institutions , and contrary to the doctrine of the Gospel and of the Apostles and the custome of the Church ; and his words are remarkable to show from whence this Article is to be adjusted and determin'd : Non difficile hoc ab ipso fonte veritatis probatur , in qua ordinata ipsa Sacramentorum mysteria processerunt ; 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. Julius was repeated in the third Councel of Braccara , 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 . 6. And yet after all these motions made by Hereticks and superstitious persons , and so many cautions , suppressions , and decrees against them ; about the year 920. the order of Cluniack Monks did communicate with the Bread dipt in the Chalice as Cassander reports : 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 mysteries 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. Julius and the Councel of Braccara , yet it is a great argument that they still beleev'd it necessary to communicate under both Symbols . 7. But about the time that the School-men began to rule the chair , 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 . This was but in some Churches said Aquinas ; and it was permitted to all the Priests present , de quibus praesumitur quòd magis sint cauti : and to some Grandees of the people too for the same reason , as we find in Richard Middleton , Innocent the fourth , and Petrus de Tarantasia . 8. But by little and little the abuse went further , and grew confirm'd , and Miracles pretended and invented , as Alexander of Ales 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 established into a doctrine in the Councel of Constance , and the institution of Christ , and the custome of the Primitive Church were openly defied , taking notice of and so laid aside , and Anathema pronounced on them that should insist upon their right , or deny whole Christ to be under each kind in the Councel of Trent ; and so it abides at this day . The question being now reduc'd to this short issue ; whether under each kind whole Christ be received ; it is not unworthy a short inquiry , concerning the truth , and concerning the consequence of it . 1. For the truth . I consider that the effect of external rituals and ceremonials 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 Christ was delivered ( meaning unto death ) for our sins , and was raised again for our justification ; and yet that we are justified by his bloud . Upon these accounts we can say that by Christs death and by his resurrection we are justified , and therefore we are to be partakers of both ; but because we are justified by faith in his bloud , it will at no hand follow , we may let alone our faith , or neglect to procure our part in his resurrection . So it is in the Symbols Eucharistical : supposing it had been said of the Bread , This is Christ , or This is the death of Christ , 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 redemption 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 sufficiency 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 remission of sins : and how these two doe work that in us which we hope for , we know not , but that they work as mysteries and Sacraments doe work , but not as herbs , or natural agents , that we may beleeve . 2. I consider that when Christ appointed to the two Symbols two distinct significations , and that we beleeve that the Sacraments exhibite to worthy 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 signifie so they exhihite ; 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 signifie the breaking the body : and to think that the reduplication of the Symbols 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 appointment , and therefore I will not take notice that the same chalice is representative and effective of union and charity , ( though that is usual enough in societies and friendships , — Pylades , Marce , bibebat idem . ) but this I shall observe that the whole effect of the Sacrament is equally attributed to the worthy receiving the chalice as to that of the bread ; and therefore S. Remy caus'd these verses to be written on the chalice , Hauriat hinc populus vitam de sanguine sacro , Inflicto aeternus quem fudit vulnere Christus . 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 certainty : 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 . But it is to be observed that in this inquiry the question cannot be concerning the receiving Christ ; but of receiving the Sacraments of Christ , 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 . And therefore the dream of the Church of Rome that he that receives the body , receives also the bloud , because by concomitance , the bloud is received 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 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 notorious that some superstitious persons A. D. 490. refus'd the Chalice , because ( said they ) the body of Christ represented in the holy Sacrament exangue est , 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 impertinent dream : but although the body is without bloud in his death ; yet because the effusion of the bloud is also Sacramentally to be represented , therefore they should not omit the Chalice . But as to them of the Roman Church ; if the bloud be in the body by Concomitance , 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 Volaterranus saies that P. Innocent the eighth gave leave to the Norvegians 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 concomitance 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 Concomitance , and yet the people are not oblig'd , but are excus'd by that pretension , abating the reasons of interest , cannot easily be imagined . Certain it is they had other thoughts in the Councel of Turon ; 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 , Ut veraciter Presbyter dicere possit , Corpus & Sanguis Domini nostri Jesu Christi proficiat tibi in remissionem peccatorum & vitam aeternam : 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 Concomitance , 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 . 2. Now for the consequenee of this pretension ; 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 arguings . 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 Sacramental 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 , & to pretend excuses against Christ , upon the account of a Philosophy of their own invention , is very much unlike the spirit of humility and wisedome and obedience which ought to be the investiture of a Christians heart and the tiar of his head , yet I observe that even in this particular the disadvantage is not little . For if receiving the Sacrament be of any advantage to souls , 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 . And therefore Alexander of Ales said well , Sumpto hoc Sacramento dignè in utraque specie major est effectus unius corporis mystici cum capite , quàm sumpto sub altera : and in another place he saies to receive under both kinds is majoris meriti tum ratione augmentationis devotionis , tum ratione fidei dilatationis actualis , tum ratione sumptionis completioris : 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 extent of faith , and a more compleat Sacramental reception of Christ himself . To the same purpose there are good things spoken in Albertus Magnus a , and in Thomas Aquinas b , Bonaventure c , and Petrus de Palude d , 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 advantage 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 . For it is not to be despised that our B. Lord gave this Sacrament as his last will and Testament ; and though he gave it in his body and bloud , yet he expressed onely the New testament in his bloud ; and for any Church to violate 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 . Gods ceremonies are bound upon us by Gods Commandement ; 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 sanction of the New Testament , the last will of our dying Lord. Now if it be but a mans testament , saith S. Paul , yet no man disannulleth or addeth thereto : and therefore to disannul or lessen a portion of the Testament of the Son of God must needs be a high impiety . Testamentum quia individuum est pro parte agnosci & pro parte repudiari non possit , saies the law , L. 7. jus nostr . D. de reg . iur . 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 religion , and by the Church of Rome affirm'd to be a proper sacrifice , and so contended for ; it would be remembred that our B. Saviour did adapt , and fit 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saies Philo ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 wisedome 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 without bloud there is no remission . For as he that gives bread and no water does not nourish the body but destroy it : so it is in the Blessed Sacrament : for ( that I may use S. Austins expression which Paschasius and Algerus in this Article did much insist upon ) Nec caro sine sanguine , nec sanguis sine carne jure communicatur . Totus enim homo ex duabus constans substantiis redimitur , & ideo carne simul & sanguine saginatur . 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is not now as it was in the old Test●ment ▪ 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 chalice is to all . I end this inquiry with the saying of S. Cyprian , Si ne unum quidem ex minimis mandatis legis solvere debet , multo minus ex his magn● mandatis pertinentibus ad ipsum Dominicae passionis & nostrae redemptionis Sacramentum fas● est ullum infringere , vel humanâ traditione mutare . 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 guilty of the charge , it is highly to be imputed to the Church of Rome , that they teach for doctrine the Commandements of men ; and make the Commandement of God of none effect by their tradition . RULE 10. If the sence of a Law be dubious , we are sometimes to expound it by Liberty , sometimes by Restraint . ALthough all he Laws of Jesus Christ are so legible in the sense intended that all good men being plac'd in their proper circumstances conducted by the Divine providence , making use of all their prepared and ready instruments 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 intricated 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 cannot be equal with things , it comes to pass that the laws are capable of differing 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 . In what cases the stricter sense of the laws of Christ is to be followed . 1. When the duty enjoined by the law is in deliberation , and is to be done , 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 commanded we should judge our selves that we be not iudged of the Lord ; in the inquiry which every peni●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 justly 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 regard , to God and to himself . 2. This is not to be understood onely in case there is a doubt no otherwise to be resolved but by the collateral advantage of the surer side ; but this severer sense of the law is of it self most reasonable to be chosen , as being 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 Conscience : 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 is to have no other bounds , but even the best we can in the measures of God and the infirmities and capacities of man. 3. In the interpretation of the laws of Christ , 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 Ben-Sirach , 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 , 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 numbers 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 pray continually , to love God alwayes , to serve him without end , to be zealous beyond all measures , excepting those of duty and prudence , 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 , 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 infinity 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 . When the lawes of Christ are to be expounded to a sense of ease and liberty ? If to the sense of the duty there be a collateral and indirect burden and evil appendage , 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 measures as may doe the most good with suffering the least evil . This happens in two cases : 1. If the strict and severer sense of the law be too great for the state and strength of the man , 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 exacted of him . Apices juris non sunt jus , say the Lawyers : The little punctilios and minutes of law are not law ; because if our duty be extended to every little tittle of duty it were necessary that our observation and attendance should be as particular and punctual ; but because that cannot alwaies be actual 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 * . For the present I further consider , that charity being the great end of the law , and every 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 rescued 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 grievous , his bands are not snares ; but they are holiness , and they are liberty , they are glory to God , and good will towards men . But this at no hand means that any material or integral part of duty can be omitted , 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 measure of the integrity of the law ; That infirmity by which we omit any part of du●y is a sta●e of sin ; and God who knew all our infirmities and possibilities 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●le and tolerable , and our necessity and interest makes unavoidable , and love will make easie and delectable . 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 , 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●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 injustice , to blaspheme God , to reproach his Father , to be wanton , he may not be allowed 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 Communion 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 Commandement that we may preserve another . But of this I have already given more particular account * . 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● 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 perseveringly for pardon , to beget in him a wise and a wary caution against temptation , to produce in him hatred against sin , and dereliction of it , a war and a victory , 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 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 proportions 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 transmitted to his beloved Heir : he would serve God with all his heart , and repented him of his sin , of his rapine and injustice , he begg'd for pardon passionately , 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 ▪ but to make restitution he found impossible to him , and he hop'd the Commandement would not require it of him , and desir'd to be releeved by an e●sy and a favourable interpretation , for it is ten thousand pities so many good actions and good purposes should be in vain , but it is worse , infinitely worse ▪ 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 severity of the Confessor , and his scrupulous fears and impertinent niceness cast away a Soul either in future misery , or present discomfort ; neither one ●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 , Non dimittitur peccatum nisi restituatur ablatum : 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 Heaven 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●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 heaven , and the certain retaining of the whole estate , called to his Son , t●●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 your Son will not for a quarter of an hour endure the pains of a burning finger 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 . 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 , 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 , instruct , 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●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 external accident , or a corporal infirmity is to be complyed withall in the matter of external m●nisteries ; that is , when there is mercy in it : and so must every vertue 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 meaning 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 institution 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 . 3. In the interpretation of the laws of Christ to a sense of ease and liberty , 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 intended 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 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 . 4. No laws of Christ are to suffer diminution of interpretation in the degrees to persons that make themselves weak , 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 diligently , and means honestly ; to him that hath every thing but strength , and wants nothing but growth and time , and good circumstances and the prosperities of piety . The best indications of which state of persons are these : Who are truly and innocently weak and to be complyed with ? 1. They are to be complyed with who are new beginners in religion , or the uninstructed ; they who want strengths not by reason of any habitual sin , but by the nature of beginnings and new changes ; for none can more innocently pretend to a forbearance and sufferance , then those who have the weakness of infancy . But I added also that the uninstructed have the same pretension , 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 ever learning and never sufficiently taught ; that is , such who love to hear but not to be doers of the word , such who are perverse and immorigerous , such who serve a humor or an interest , 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 complyances 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 . 2. They are to be complyed with according to the foregoing measures who in all things where they know and can , 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 . Whatsoever 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 Masters of assemblies and interpreters of the Divine laws doe allow to any persons in any cases . 3. The last sign of Subjects capable of ease is infirmity of body ; and that is a certain disposition to all the mercies and remissions of the law in such cases as relate to the body and are instanc'd in external ministeries . To which also is to be referred disability of estate 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 very few men can doe all . I instance in the several waies of mortification , viz. 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 contradiction 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●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 instance 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 . But there are some other considerations to be added to the main Rule . 5. When the action is already done , and that there is no further deliberation concerning the direct duty , yet the law is not at all to be eased and lessened , 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 . 6. But if the inquiry be made after the sin is done , 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 have in it no danger : it is matter of hope , and therefore keeps a man from despair ; 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 punishment , and that will be all one as to the event , and therefore will be a sufficient 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 tempted 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 greater 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 receive 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 . 7. There are many other things to be added by way of assistance to them who are pressed with the burden of a law severely apprehended , or unequally applyed , or not rightly understood ; but the summe of them is this . 1. If the sense be hidden or dubious , doe nothing till the cloud be off , and the doubt be removed . 2. If the law be indifferent to two senses , take that which is most pious and most holy . 3. If it be between two , but not perfectly indifferent , follow that which is most probable . 4. Doe after the custome and common usages of the best and wisest men . 5. Doe with the most , and speak with the least . 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 . 7. Then chose thy part of obedience , and doe it cheerfully and confidently , with a great industry and a full persuasion . 8. After the action is done enter into no new disputes whether it was lawful 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 . RULE 11. The positive laws of Jesus Christ cannot be dispensed with by any humane power . I Have already in this book given account of the indispensability of the Natural laws which are the main constituent parts of the Evangelical : but there are some positive laws whose reason is not natural nor eternal , 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 wonderful Councellour , the everlasting Father , the Prince of Peace , and his wisedome is supreme , he is the wisedome of the Father , and therefore he hath made his laws so wisely , so agreeably to the powers and accidents of mankind that they can be observed by all men and all waies , where he hath pass'd an obligation . Now because every dispensation 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 ▪ 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 . And this appears in this , 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 cannot 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 . 2. But there are some external actions and instances of a Commandement which may accidentally become impossible by subtraction of the material 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 dispensation ; For affirmative precepts in which onely there can be an external impediment 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 interests 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 there is no such need in the laws of God. For God is alwaies just and alwaies 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 injustice , 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 dispensing should be intrusted to Men , in such cases where we cannot suppose the law of God to bind . That 's our best security that we need no dispensation . 3. In external actions and instances of vertue or of obedience to a Commandement of Jesus Christ where ever there can be a hinderance , if the obligation does remain , the instance that is hindred can be supplyed with another 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 . 4. In external actions which can be hindred and which cannot be supplyed by the variety of the instances in the same kind , 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 devotion 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 〈◊〉 , 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 ●●●s is natural reason , and the ground of justice , without which there can be no Government but what is Tyrannical and unreasonable . These things being notorious and confess'd the consequents are these : 1. 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 exercising 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 . * Panormitan affirms that the Pope hath power to dispense in all the laws of God , except in the Articles of faith ; and to this purpose he cites Innocentius in c. Cum ad Monasterium , de statu Monachorum . * Felinus 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 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 consecrated in both kinds is certainly of Divine right ; and so confessed by the Church of Rome : but the Pope hath actually dispensed in this article and given leave to some to consecrate in bread onely , and particularly to the Norvegians a dispensation was given by Innocent the eighth , as I have already noted out of Volaterranus . There are some learned men amongst them who speak in this question with less scandal , but almost with the same intentions and effects . Some of their Divines , particularly the Bishop of the Canaries , 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 impeditiva majoris boni , a hindrance or obstruction to a greater Spiritual good ; as it may happen in oaths and vows : and ( Sanchez 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 Confession , Baptisme , using a set form of words in the ministration of the Sacraments . 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 . But then , 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 . It is false , because if a man can by his own act be oblig'd to doe a thing which yet is impeditive of a greater temporal good , then God can by his law oblige his obedience , 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 David ; and a man may not break his oath though the keeping of it hinder him from many spiritual comforts and advantages ; nay a man may neglect a spiritual advantage 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 Prague was taken . * 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 per verba de praesenti ; 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 enters 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 keeping 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 : 1. How does it appear that to enter into a monastery is absolutely a greater Spiritual good then to live chastly with the wife of his love and vows ? 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 without 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 , 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. Francis ? 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 religion , 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 recompence 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 themselves are indifferent to piety or impiety , they may be us'd well , or abus'd 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 , I consider that when God saies that obedience is better then Sacrifice , 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 . But then if we consider the Authority it self , 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. Peter , Whatsoever thou shalt loose on earth shall be loosed in heaven . Now did ever any of the Apostles or Apostolical men suppose that S. Peter 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. Peter , or else it was alike promised and perform'd to all the Apostles in the donation of the Spirit , and of the power of binding , and the words of Christ to them before and after his resurrection : 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. Peter . Or if the Successours of S. Peter onely , why not his successors at Antioch as well as his Suceessors at Rome ? since it is certain that he was at Antioch , but is not so certain that he was at all at Rome , for those things that Ulrichus Velenus saies against it in a Tractate on purpose on that Subject and published by Goldastus in his third Tome are not inconsiderable allegations & arguments for the Negative , but I shall give account of that inquiry in some of the following pages . And yet suppose he was , yet it is as likely , that is , as certain as the other ; that after the Martyrdom of S. Peter and S. Paul there were two Bishops or Popes of Rome ; 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. Peter , or if it means onely the power of Discipline over sinners 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 inheritance and possession , in alto Dominio , if those words of Christ to S. Peter 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 undeniably that S. Peter'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 [ Whatsoever thou shalt loose ] 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 warrantable Judge : which things because they are unsufferably unreasonable , that pretence which inferrs such evils and such impieties must be also unsufferable and impossible . I conclude therefore with this distinction . There is a proper dispensation , that is , such a dispensation as supposes the obligation remaining upon that person 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 skill and authority , and reason to declare that in such special cases God intended not to oblige the Conscience , 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 a Dispensation , but improperly . But the other Consequent arising from the first observations which I made upon this Rule is this ; 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 condescention 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 specification , 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 Solomon 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 mystery , 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 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 , nothing 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 . This Rule is not onely to be understood concerning the express positive laws and institutions of our Blessed Lawgiver , but even those which are included within those laws , or are necessary appendages to those institutions are to be obeyed , and can neither be dispensed withall nor diverted by any suppletory 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 repentance . But if in the duty of preparation God had involv'd the duty of confession 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 consideration of the manner or the degrees superstructed . When any condition intrinsecally and in the nature of the thing included in an affirmative precept is destituent or wanting , the duty it self falls without interpretation . Lastly ; 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 . But upon the matter of this second Consequent remark'd above [ numb . 14. ] 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 hindred from doing of the whole duty ? When we may be admitted to doe part of our duty , and when to supply it by something else . 1. Negative precepts have no parts of duty , 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. James ; 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 Negative hath done the whole sin that is in that Commandement forbidden . 2. All positive precepts that depend upon the meer will of the Lawgiver ( as I have already discourted ) admit no degrees , nor suppletory and commutation : 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 in individuo which God points at ; it is that in which he will make the tryal of our obedience ; 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 ; So , and no more , and no less , and no otherwise . For when the will of the Lawgiver is all the reason , the first instance of the law is all the measures , 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 purpose ; 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 therefore 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 . 3. In natural laws and obligations depending upon true and proper reason drawn from the nature of things ; 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 degrees 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 natural 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 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 forgive , 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 measures 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 . 4. In external actions which are instances of a Natural or Moral duty , 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 capable of no suppletory , but of degrees it is : and if we cannot love God as well as Mary Magdalen 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 intended 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 indispensable obedience . RULE 12. Not every thing that is in the Sermons and Doctrine of Jesus Christ was intended to bind as a law or Commandement . 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 . 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●om●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 required that we should love God with all our heart ; which is indeed a Commandement and the first and the chiefest : but because it hath an infinite sense , and is capable of degrees beyond all the actualit●es of any man whatsoever , therefore 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 minimum morale in it , that is , that degree of love and duty , less then which is by interpretation no love , no duty at all ; and that is , that we so love God , that 1. we love nothing against him , 2. that we love nothing more then him , 3. that we love nothing equal to him , 4. 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 minimum morale , a legal sense of duty , which if we prevaricate or goe less then it , we are transgressours : but then there is also a latitude of duty , or a sense of Love and Evangelical increase , which is a further pursuance of the duty of the Commandement ; but is not directly the law , but the love ; to which God hath appointed no measures of greatness but hath invited as forward as the man can goe . For it is considerable that since Negative precepts include their affirmatives , and Affirmatives also doe inferre the Negatives ( as I have already discoursed ) and yet they have differing measures and proportions , and that the form of words and signes Negative or Affirmative , are not the sufficient indication of the precepts , we can best be instructed by this measure ; There is in every Commandement a negative part and an affirmative : 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 disability , or excus'd by ignorance , neither is it to stay its time or to wait for circumstances ; but obliges all men indifferently . I doe not say that this is alwaies 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 commanded 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 . But then there are further degrees of duty then the first and lowest ; 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 . 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 : 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 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 Evangelical 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 . Let no man therefore impose upon his brother the heights and summities of perfection , 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 misunderstandings 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 Christian 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 , when ye have done all that ye are commanded , ye are unprofitable servants ; 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 , ye are yet unprofitable ; 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 measures 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 he fails in the first , and does not doe that worthily , who if he have time does not goe on to the second . But yet neither are there Counsels of perfection left wholly to our liberty so as that they have nothing of the law in them ; 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 second , 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 perfect , cannot stand still . God is pleas'd well enough with the least or the Negative 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 perfection 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 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 methods of life , but enters into the portion of thornes , and wither'd flowers , fit for excision and for burning . Therefore 1. No man must in the keeping the Commandements of Christ set himself a limit of duty ; hither will I come and no further : 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 proceed from beginnings to perfection . 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 ; 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 that all , whither no man can perfectly arrive here ; and therefore it is supplyed by God hereafter . 2. But the Rule is to be understood in great instances as well as in great degrees of duty ; 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 , charity , contempt of the world , zeal for the propagation of the Gospel : The vertues 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 example of good men , by our love to God , by our desires of happiness , and by the degrees of glory . Thus S. Paul 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 instance 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 under 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 . These therefore are the Characteristick notes and measures to distinguish a Counsel Evangelical from the laws and Commandements of Jesus Christ. The notes of difference between Counsels and Commandements Evangelical . 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 sanction 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 , thou shalt not curse thy Father or Mother ; 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 Evangelical , 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 ; He that hath ears to hear let him hear , and Qui potest capere capiat : He that can receive it let him receive it : and he that hath power over his will , and hath so decreed in his heart , does well . In Commandements it is [ He that does the duty , 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. Paul discourses in the question of marriage ; in which instance it is observable that the comparison of Coelibate and marriage is not in the question of chastity , but in the question of religion , one is not a better chastity then the other . Marriage is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an undefiled state ; and nothing can be cleaner then that which is not at all unclean ; but the advantages of coelibate above marriage as they are accidental and contingent , so they are relative to times and persons and states , and external ministeries ; For to be made an Eunuch for the Kingdom of heaven , is the same that S. Paul means by , the unmarryed careth for the things of the Lord ; 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 the things of the Lord ; or the affairs of the Kingdome of heaven : 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 . 2. When the action or state is propounded to us onely upon the account of reward , 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 precarious Government , where the lawgiver cannot make the Subject either doe good or suffer evil : and therefore the Jus gladii and the merum Imperium are all one : and he that makes a law and does not compell the involuntary 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 restrain the publick irregularities of the world . — dehinc absistere bello , Oppida coeperunt munire , & condere leges , Nè quis fur esset , neu latro , neu quis adulter . 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 the beginning of all our wisedome ; and all humane power being an imitation of and emanation from the Divine power is in the summe of affairs nothing but this , habere potestatem gladii ad animadvertendum in facinorosos homines , 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. Paul 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 his glorying void ; that is , he could not have had the pleasure of obliging them by an uncommanded instance and act of kindness . Hope and reward is the endearment of Counsels ; fear and punishment are the ligatures of laws . 3. In Counsels sometimes the contrary is very evil : 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 innocent or excusable : But those in the Primitive Church who so fear'd the persecution 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 . But in laws , not onely the contrary , but even the privative is also criminal ; 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 . 4. In internal actions there is properly and directly no Counsel , but a law onely : Counsels of perfections are commonly the great and more advantageous prosecutions 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 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 [ as much as we can ] must signifie still more and more ; now the using of direct and indirect min●steries for the increasing of the inward grace , this I say because it hath in it materiality 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 instances , but the inward grace directly is not . To be just consists in an indivisible point , and therefore it is alwaies a law , but if to signifie and act our justice 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 this hath no degrees , yet that hath ; and therefore that hath liberty and choice , whereas in this there is nothing but duty and necessity . 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. THIS Rule is intended to regulate the Conscience in all those questions 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 inquiry then hath two parts ; 1. Whether we are to require from Scripture a warrant for every action we doe , in common life ? 2. Whether we may not doe or use any thing in religion , concerning which we have no express word in Scripture , and no Commandement at all ? 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 analogy to the laws and Rules given by Jesus Christ ; so it is certain that as the general 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 ? whether 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 eat flesh or herbs ; choose Titius , or Caius 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 competent ; what can the Holy Scriptures have to doe with any thing of these , or any thing of like Nature and indifferency ? For by nature all things are indulged to our use and liberty ; 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 demonstrate ) 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 . * Every thing is to be permitted to its own cause and proper principle ; Nature and her needs are sufficient to cause us to do that which is for her preservation ; right reason and experience are competent warrant and instruction to conduct our affairs of liberty and common life ; but the matter and design of laws is Honestè vivere , alterum non laedere , suum cuique tribuere ; or as it is more perfectly describ'd by the Apostle , that we should live a godly , a righteous , a sober life ; and beyond these there needs no law : when nature is sufficient 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 , Dispersos trahere in populum , migrare vetusto De nemore , & proavis habitare , & linquere sylvas , Aedificare domos , laribus conjungere nostris Tectum aliud , tutos vicino limine somnos Ut collata daret fiducia . Protegere armis Lapsum , aut ingenti nutantem vulnere civem . Communi dare signa tuba , defendier iisdem Turribus , atque una portarum clave teneri . 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 . But if nothing were to be done but what we have Scripture for , either commanding or commending , it were certain that with a less hyperbole then S. John us'd , the world could not contain the book , which should be written ; and yet in such infinite numbers of laws and sentences no man could be directed competently because his Rule and guide would be too big , and every man in the inquiry 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 corners 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 ; whether we may not doe any thing without a warrant from Scripture ? 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 foolish 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 . Thus S. Paul affirmes , All things are lawful for me ; 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 Moses , it was taken away by Christ , it is certain that every thing was lawful , because there was no law forbidding it : and when S. Paul said , This speak I , not the Lord ; he that did according to that speaking , did according to his own liberty , not according to the word of the Lord ; and S. Pauls 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 and why of your selves doe ye not judge what is right ? he plainly enough said that to our own reason and judgement many things are permitted , which are not conducted by laws or express declarations of God. Adde to this that because it is certain in all Theology , that whatsoever is not of faith is sin , that is , whatsoever is done against our actual persuasion becomes 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 commendation but a permission only appears at large in S. Pauls discourse concerning Virginity and Marriage 1 Corinth . 7. 6 , 37. But a permission is nothing but a not prohibiting , and that is lawful which is not unlawful , and every 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 . But the case in short is this ; In Scripture there are many laws and precepts of holiness , there are many prohibitions and severe cautions against impiety : and there are many excellent measures of good and evil , of perfect and imperfect : * whatsoever is good , we are oblig'd to pursue ; * whatsoever is forbidden must be declin'd ; * whatsoever is laudable 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 legitimate an action which no Lawgiver ever made unlawful . But this folly is not gone far abroad into the world ; 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 , Quest. Whether in matters of religion we have that liberty as in matters of common life ? 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 ? Of Will-Worship . To this I answer by several Propositions . 1. All favour is so wholly arbitrary , 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 . 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 fundamentals and essentials of the Divine worship cannot be warranted to us by nature , but are primarily communicated to us by revelation . Deum sic colere oportet quomodo ipse se colendum praecepit , said S. Austin . 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 nothing 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 demonstrations of the Spirit to tell all the world that by him he would be reconcil'd , in him he would be worship'd , through him he would be invocated , for his sake he would accept us , under him he would be obeyed , in his instances and Commandments he would be lov'd and serv'd ; saying , This is my beloved Son in whom I am well pleased . 2. Now it matters not by what means God does convey the notices of his pleasure ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Commandement ; 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 commanded them to obey that intirely , without addition or diminution ; neither more nor less then it , [ whatsoever I command you , observe to doe it ; thou shalt not adde thereto nor diminish from it ] and again , [ ye shall not doe after all the things that we doe here this day , every man whatsoever is right in his own eyes ] 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 . 3. In the New Testament we are still under the same charge ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Will-worship is a word of an ill sound amongst Christians most generally , meaning thereby the same thing which God forbad in Deuteronomy , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 which seems good in their own eyes , or as our Blessed Saviour more fully , teaching for doctrines the traditions , the injunctions or Commandements , of Men : 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 an action which God hath not commanded is of it self necessary , and he that sayes God is rightly worshipped by an act or ceremony concerning which himself hath no way express'd his pleasure , is superstitious , 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 commanded by God. 2. Nothing is pleasing to God in religion that is meerly of humane invention . 3. That the commandements of men cannot become doctrines of God , that is , no direct parts of the religion , no rule or measures of conscience . But because there are many actions which are not under command , by which God in all ages hath been served and delighted , and yet may as truly be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 , that is , in a good sense , or in a bad , we must make a more particular separation of one from the other , and not call every thing superstitious that is in any sense a will-worship , but onely that which is really and distinctly forbidden , not that which can be signified by such a word which sometimes means that which is laudable , sometimes that which is culpable ● Therefore , What Voluntary or Uncommanded actions are Lawful or Commendable . 1. Those things which men doe , or teach to be done by a probable interpretation of what is doubtful or ambiguous , are not will-worship in the culpable sense . 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 authoritatively 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 quis requisivit ? who hath requir'd these things at your hands ? ] for they were all that while in the pursuance and in the understanding of a Commandement . But when the Jew in Synesius 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 Commandement . * 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. Johns 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 provided the interpretation be probable , and that the glosse doe not corrupt the text . 2. 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 . 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 voluntary 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 . 3. Whatsoever is done by prudent Counsel about those things which belong to piety and charity , is not will-worship or superstition . 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 superstition , though we designe them to the service of God , because that which we doe voluntarily is but the appendage , or the circumstance , or the instance of that which is not voluntary but imposed by God. 4. Every instance that is Uncommanded if it be the act or exercise of what is commanded , is both of Gods choosing and of mans , 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 ; because although he no where requir'd that instance at their hands , yet because 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 David powr'd upon the ground the waters of Bethlehem which were the price of the young mens lives ; he powred them forth unto the Lord : and though it was an Uncommanded instance , yet it was an excellent act , because it was a self denial and an act of mortification . The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the abundant expressions of the duty contained 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 hospitals , 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 ; because 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 the worship of the will , but yet of reason too and right religion . Thus the Jewes kept the feast of Purim , the feast of the fourth , the fifth , the seventh , the tenth moneth , the feast of the dedication of the Altar ; and Christ observ'd what the Maccabees 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 Maccabees 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 Abraham first instituted morning prayer ; and Isaac appointed in his family the Evening prayer , and Daniel prayed three times a-day , and David 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 Levites , 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 . 5. 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 . I remember to have read that S. Benedict was invited to break his fast in a Vineyard : he intending to accept the invitation betook himself presently to prayer ; adding these words , Cursed is he who first eates before he prayes . This religion also the Jewes observ'd in their solemn dayes ; and therefore wondred and were offended 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 the law , but are no criminal will-worship , because they are within the verge and limits of it ; they serve to the ministeries of the chief house . Thus we doe not finde that David had receiv'd a Commandement to build a Temple ; but yet the prophet Nathan told him from God , that he did well because it was in his heart to build it : It was therefore acceptable to God because it ministred to that duty and religion 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 separating 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 excellencies of vertue and religion dress'd up with order and solemne advantages , 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 . 6. 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 . Thus S. Paul said he would never eat flesh while he did live rather then cause his brother to offend : 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 commanded 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 circumstances 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 . 7. 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 . For this we have a competent warranty from those words of God by the prophet Nathan to David . Thou shalt not build a house to the honour of my Name , because thou art a man of blood . In prosecution 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 religiously abstain from such things as disgrace his authority , or make his person and his ministery contemptible ; and such observances are very far from being superstitious , though they be under no expresse Commandement . 8. 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 , the more we please God. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Spiritual men doe their actions with much passion and holy zeale , and give testimony of it by expressing it in the uncommanded instances . And Socrates speaking of certain Church offices and rituals of religion , sayes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Since no man hath concerning this thing any written Commandement , 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 ] but by love and choice . Such were the free will-offerings among the Jewes , which alwaies might expect a speciall reward , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Those things which are in the tables of the Commandement shall be rewarded , but those which are more then these shall have a greater ; 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 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 * otherwhere . 9. The circumstance of a religious action may be undertaken or impos'd civilly without being superstitious . 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 religious 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 religious , but in no sense superstitious ; 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 . 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 probable 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 & ministring 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 prosecution 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 . 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 . 1. Whatsoever any man does in an uncommanded instance , 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 : 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 Antioch 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 . Dogmatizing and Censoriousnesse makes a will-worship to be indeed superstition . 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 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 upon 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 discourse : 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 intervenes , that 's another consideration : for , quaedam quae licent , tempore & loco mutato non licent , said Seneca ; 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. 2. Whatsoever pretends to lawfulness or praise by being an instrument of a vertue and the minister of a law , 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 body & make the spirit more active & 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 . 3. Whatsoever pretends to be a service of God in an uncommanded instance , 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 Disciples by a pretense of humility , telling them that they ought by the mediation 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. Chrysostome , Theophylact , and O Ecumenius 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 * and a Divine Commandement . So did the Pythagoreans in their pretensions to mortification ; they commanded to abstain from marriages , from flesh , from fish , as unclean , and ministeries of sin , and productions of the Devil . Both these the Apostle reproves in his epistle to the Colossians ; and therefore condemns all things of the same unreason ableness . 4. All uncommanded instances of piety must be represented by their own proper qualities , 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 Encratites and Manichees were superstitious persons , besides their heresie ; because although they might lawfully have abstain'd from all ordinary use of wine , in order to temperance and severe sobriety , yet when they began to say , that such abstinence was necessary , and all wine was an abomination , they pass'd into a direct superstition , and a criminal wil-worship . While the Novatians denied 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 Government became also matter of doctrine , then they did that which our blessed Saviour reproved in the Pharisees , they taught for doctrines the injunctions of men , and made their wil-worship to be superstition . 5. When any uncommanded instance relative to a Commandement is to be performed , 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 [ pray continually : ] 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 prosecute 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 periods of reason , and usurp the places of other duties civil and religious . If these measures be observ'd , the voluntary and uncommanded actions 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said S. Paul , 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 , who hath requir'd these things at your hands ? as if every thing were to be condemned concerning which God could say , Quis requisivit ? meaning , that he never had given a commandement to have it done ; it is considerable , that God speaks not of voluntary , but of commanded services ; he instances in such things which himself had requir'd at their hands , their sacrifices of bulls and goats , their new moons and solemn assemblies , their sabbaths and oblations : but because they were not done with that piety & holiness as God intended , God takes no delight in the outward services : so that this condemns the unholy keeping 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 recommended , yet they were left to the liberty and choice of our will , and if that recommendation 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 , Qui potest capere capiat ; and he that hath ears to hear , let him hear ; and so saith S. Paul , He that standeth fast in his heart , that is , hath perfectly resolved and is of a constant temper , having no necessity , but hath power over his own will , and hath judged in his heart that he will keep his virgin , doth well . But the ground of all is this ; all voluntary acts of worship or religion are therefore acceptable quia fundamentum habent in lege Divina , 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 VVhatsoever hath its whole foundation in a persuasion that is meerly humane , and no waies relies upon the Law or the expressed will of God , that is will-worship in the criminal sense , that is , it is superstition . So the vulgar Latine and Erasmus render the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or will-worship ; and they both signifie the same thing , when will-worship is so defin'd : but if it be defin'd by [ a religious passion or excess in uncommanded instances relating to , or being founded in the Law and will of God , ] then will-worship signifies nothing but what is good , and what is better ; it is a free-will-offering 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , like the institution under which S. Paul was educated , the strictest and exactest sect of the religion , and they that live accordingly , are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the voluntary and most willing subjects of the law . So that although concerning some instances it can be said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this is directly a commandement ; and concerning others , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this is a vertuous or a right action of my choice ; yet these are no otherwise oppos'd then as in and super , for the one are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the order and constitution of the commandement , the other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as S. Chrysostome expresses it ) are above the commandement , yet all are in the same form or category : it is within the same limits & of the same nature , and to the same ends , 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 . I onely instance in the first ages and generations of mankinde , because in them there is pretended some difficulty to the question . Abel offer'd sacrifice to God , and so did Cain ; and in the dayes of Enoch men began to call upon the name of the Lord ; * and a priesthood was instituted in every family , and the Major-domo was the Priest , and God was worshipped by consumptive oblations : and to this they were prompted by natural reason , and for it there was no command of God. a So S. Chrysostome , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Abel was not taught of any one , neither had he receiv'd a law concerning the oblation of first-fruits ; but of himself and moved by his Conscience he offer'd that sacrifice : and b the Author of the answers ad Orthodoxos in the workes of Justin Martyr affirmes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , They who offer'd to God before the law the sacrifice of beasts did not dee 〈◊〉 by a Divine Commandement , though God by accep 〈◊〉 gave testimony that the person who offered it was 〈◊〉 to him . What these instances doe effect or per 〈◊〉 we shall see in the sequal ; in the mean time I ob 〈◊〉 that they are by men of differing perswasions us'd to contrary pur 〈◊〉 Some there are that suppose it to be in the power of men to ap 〈◊〉 new instances and manners of religion , and to invent distinct matters ●●ormes of Divine worship ; and they suppose that by these instances they are warranted to say , that we may in religion doe whatsoever by Natural reason we are prompted to ; for Abel and Cain and Enoch 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 Abel did this wholy by his natural reason and religion , then this religion being by the law of Nature was also a command of God ; 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 . Now these men divide the truth between them . For it is not true that whatsoever is taught us by Natural reason , is bound upon us by a Natural law : 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 being very material to the present question and rule of Conscience . Socinus 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 to his reason , and yet doe very ill . Sicut omnis citharoedi opus est citharam pulsare , periti verò ac probè docti rectè pulsare : sic hominis cujuscunque est agere cum ratione , probi verò hominis est rectè cum ratione operari . So Aristotle . 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 natural 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 meaning 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 communication of his pleasure God hath declar'd and made a law . * Now all the law of God which we call natural is reason , 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 . Lex est Naturae vis , & ratio prudentis , juris atque injuriae regula . So Cicero lib. 1. de leg . But though all the law of Nature be reason ; yet whatsoever is reason is not presently a law of Nature . And therefore that I may return to the instances we are discoursing of , it followes not that although Abel and Cain and Enoch 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 right reason ; but every act we doe is not by a law , 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 we may doe it in religion whatsoever we are prompted to by natural reason . 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 whosoever made every thing , must needs make every thing for himself , for he being the fountain of perfection , nothing could be good but what is from , and for , and by , and to 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 natural reason , by this reason we are taught that God must be worshipped ; yet that cannot tell us how God will be worshipped . Natural reason can tell us what is our obligation , because it can discourse of our nature and production , our relation and minority ; but Natural reason 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. Natural reason tels us we are to obey God ; but Natural reason 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 . And this is apparent in the religion of the old world , 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 sanction of lawes and Covenants , Sanctio à Sanguine 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 . Ego verò destinavi ●um vobis in altari ad expiationem faciendam pro animis vestris : nam sangui● est qui pro anima expiationem facit , said God by Moses . 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 : according to which are those words of S. Paul , without shedding of blood there is no remission ; 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 Religion of sacrifices , was ( I say ) by Gods appointment ; Ego verò destinavi , 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 Aaron , 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 delight in Sacrifices of Beasts ; as appears in Psalm 40. and Psal. 50. and Psal. 51. Isai. 1. Jerem. 7. Hosea 6. Micah 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 sacrifice of prayer and thanksgiving , a broken and a contrite heart ; that we should walk in the way he hath appointed ; that we should doe justice and judgment , and walk humbly with our God : He desires mercy and not sacrifice , and the knowledge of God more then burnt-offerings . 4. Because Gabriel the Archangel foretold that the Messias should make the daily sacrifice to cease . 5. Because for above 1600. years God hath suffered that nation to whom he gave the law of sacrifices to be without Temple , or Priest , or Altar , and therefore without Sacrifice . But then if we inquire why God gave the law of sacrifices , 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 forfeiture 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , before their golden calfe and other idolatries , Sacrifices were not commanded to the Jewes , but perswaded onely ; recommended , and left unto their liberty . By which we are at last brought to this truth , That it was taught by God to Adam , 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 , and taught by superadded reasons and positive lawes : and in this sense are those words to be understood which above I cited out of Justin Martyr and S. Chrysostom . To this purpose Aquinas cites the glosse upon the second of the Colossians , saying , 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 . 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 outward precepts . That is , the natural religion consisting in praiers & 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 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. Deum docuisse Adam cultum divinum quo ejus benevolentiam recuperaret quam per peccatum transgressionis amiserat ; ipsumque docuisse filios suos dare Deo decimas & primitias , said Hugo de S. Victore . God taught Adam how to worship him , and by what means to recover his favour , from which he by transgression fell ( the same also is affirmed by S. Athanasius * : ) but that which he addes , that Adam 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Cain and accepted Abel , because Cain brought fruits which were procur'd by labour and tillage ; but Abel offered sheep , which came by the easy methods and pleasing ministeries of Nature . It is certain Josephus 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 Abel . And this appears in those words of S. Paul , By faith Abel offer'd sacrifice : it was not therefore done by choice of his own head ; but by the obedience of faith , 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 . In the beginning of mankind , when Eve 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 Seth , and the twins were ever male and female , that they might interchangeably marry , ne gens sit unius aetatis populus virorum , lest mankinde should expire in one generation ; Adam being taught by God did not allow the twins to marry , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whom nature her self by their divided birth had separated and divided ; but appointed that Cain should marry the twin-sister of Abel , and Abel should marry Azron the twin-sister of Cain : But Cain thought his own twin-sister the more beautifull , and resolved to marry her . Adam therefore wished them to inquire of God by sacrifice ; which they did : and because Cains sacrifice was rejected , and his hopes made void , and his desire not consented to , he kill'd his Brother Abel ; whose twin-sister afterwards fell to the portion of Seth , who had none of his owne . Upon this occasion sacrifices were first offered . Now whether God taught the religion of it first to Adam , or immediately to Cain and Abel , yet it is certain from the Apostle ( upon whom we may relie , though upon the tradition of the Easterlings we may not ) that Abel 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 External 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 . Superstitio est quando traditioni humanae Religionis nomen applicatur , said the Glosse [ in Coloss. 2. ] when any tradition or invention of man is called Religion , the proper name of it is superstition ; that is , when any thing is brought into Religion and is it self made to be a worship of God , it is a will-worship in the Criminal sense . Hanc video sapientissimorum fuisse sententiam , legem neque hominum ingeniis excogitatam , neque scitum aliquod esse populorum , sed aeternum quiddam , quod universum mundum regeret , imperandi prohibendique sapientia . Ita principem legem illam , & ultimam mentem esse dicebant omnia ratione aut cogentis aut vetantis Dei , said Cicero . 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. Every plant which my Heavenly Father hath not planted shall be rooted up . 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 . 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 . OF the perfection and fulness of the Christian law I have already given accounts ; but where this law is recorded , and that the Holy Scriptures are the perfect and onely Digest of it , is the matter of the present Rule , which is of great use in the Rule of Conscience ; 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 cannot be chance , and it must be determin'd by the superior , and therefore cannot be our own antecedent choice , but what is chosen for us . That the Holy Scriptures of the Old and New Testament doe contain the whole will and law of God is affirmed by the primitive Fathers , 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 Rome . 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 consignation 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 . 1. That the first ages of the Church did appeale to Scripture in all their questions , I appeale to these testimonies . S. Clemens of Alexandria hath these excellent words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . 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 the word of God written . For the words before are these , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and from the Scriptures to learne demonstratively . And a litle after he addes , they that imploy their time about the best things , never give over their searching after truth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , untill from the Scriptures they have got a demonstration . He speakes against the Gnosticks , who pretended to secret traditions from I know not who : against them he advises Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to wax old in the Scriptures , thence to seek for demonstrations , and by that rule to frame our lives . S. Basil in his Ethics definit . 26. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , every thing that belongs to faith and manners , not every indifferent thing , but every thing of duty ; not every thing of a man , but every thing 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 . 5. To the like purpose is that of Origen : Debemus ergo ad testimonium verborum quae proferimus in doctrina , proferre sensum scripturae , quasi confirmantem quem exponimus sensum , we ought to bring Scripture for the confirmation of our exposition : which words of his are very considerable to those who are earnest for our admittance of traditive interpretation of Scriptures . Concerning which in passing by ( because it will be nothing 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 traditive commentaries ; there being no greater variety and difference amongst 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 commentaries 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. Athanasius Sunt verò etiam multi Sanctorum Magistrorum libri in quos si quis incurrat assequetur quodammodo scripturarum interpretationem , 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 Origens way here described ) confirmed an exposition of one place by the doctrine of another , then and then onely they thought they had the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Scripture-demonstration , and a matter of faith and of necessary belief , and that this was the duty of the Christian Doctors , Origen does expressly affirme . Afterwards , as Pauls 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 , unless 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 , viz. from Scripture ; for that was the practice of S. Paul , whom he in this place for that very thing propounds as imitable . And in pursuance of this example and advice , S. Cyril expresses himself perfectly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 attend not to my inventions ; for you may possibly be deceiv'd : but trust no words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 retain that zeale in their mind , which by heads , or summaries is already lightly expounded to you , but if God grant , shall according to my strength be demonstrated to you by Scripture , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for that is the security of our faith which is deriv'd not from witty inventions , but from the demonstration of divine Scriptures . Omne quod loquimur debemus affirmare de scripturis Sanctis , said S Hierome , 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 manners : and if all this be not in the Scriptures , it can have no just authority . Hoc quia de scripturis authoritatem non habet eâdem facilitate contemnitur quâ probatur , If it have not its warrant from Scripture , it may with as much ease be despis'd as it was offered . Where though S. Hierom speakes of a particular question , viz. whether Zecharias the son of Barachias were the Father of John the Baptist ; yet it could not have been applied to this particular if it had not been true in the general , That every thing of religion may be rejected that is not prov'd from Scripture . But this is expressly affirm'd by S. Chrysostome ; Nam si quid dicitur absque Scripturâ auditorum cogitatio claudicat , &c. 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 probable : 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 . And upon this account it was that S. Cyril of Alexandria , being to dispute with Theodoret concerning some mysterious questions of Religion , refus'd to conferre but from the fountains of Scripture . It became him ( saies he ) 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 . And I should wonder if Theodoret should doe otherwise : for he himself brings in the orthodox Christian saying to Eranistes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tell not me of your logismes and syllogismes : I rely upon Scripture alone . 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. Austin establishes the same sufficient and onely rule of Scripture , and by way of instance excludes the Authority of Councels . Sed nunc nec ego Nicenum nec tu debes Ariminense tanquam praejudicaturus proferre Concilium . Neque ego hujus authoritate neque tu illius detineris : Scripturarum authoritatibus , 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 . By which words , if S. Austins 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 ; 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 . * 2. Next to this and like it is , that the primitive Doctors did confute all heresies from Scripture ; which could no way be done , but that because Rectum est index sui & obliqui , that which is straight will demonstrate its own straightness and the crookednesse of that which is crooked . Scripture must be a rule of all religion and all faith , and therefore sufficient to reprove all vice and every heresy . So Tertullian discourses , Aufer haereticis quae cum Ethnicis sapiunt , ut de Scripturis solis quaestiones suas sistant , Take from hereticks their Ethnic learning , that they may dispute their questions out of Scripture onely . To this purpose Origen brings in the precedent of our Blessed Lord , from Scriptures confuting the heresy of the Sadducees about the Resurrection . As Christ did , sic facient & Christi imitatores exemplis Scripturarum , quibus oportet secundum sanam doctrinam omnem vocem obmutescere Pharaonis , So will the followers of Christ doe by the examples of Scriptures , which will put to silence every voice of Pharaoh ; that is , every doctrine of the adversaries . Plainer yet are those excellent words of S. Athanasius , speaking but of a small part of Scripture , even so much as was sufficient to prove the articles of the Nicene Creed : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he sayes , That faith which the Fathers confessed at Nice , according to the Holy Scriptures , was sufficient to reprove all [ heretical ] impiety , and to establish our Religion or faith in Christ. And therefore S. Chrysostome compares the Scriptures to a doore : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 … . , For they lead us to God , and open to us the knowledge of God , and keep hereticks from entring in . 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. Quae ignoramus ex ea discimus . So Theodoret . Whatsoever we are ignorant of , we learn from thence . Nihil est quod nequeat Scripturis dissolvi . So Theophylact. There is no difficulty but may be untied by the Scriptures . The Author of the imperfect work upon S. Matthew , usually attributed to S. Chrysostome , discourses pertinently and extreme fully to this article . Then [ when ye shall see the abomination of desolation standing in 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 Christianity , 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 . And a little after , 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 . These words in some editions of the works of S. Chrysostome are scratch'd out by a Roman hand , to the regret of some of his own party , and the shame of them that suffered 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 pretence of not being S. Chrysostom's ; much lesse upon pretence that it was written or interpolated by an Arrian ; because the Arrians call'd for Scripture in the use of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but for the thing it self they offer'd to be tried by tradition : and so did the Catholicks , as it hapned , or as the peevishness of their adversaries , or the advantages of the question did prompt them ; but the Catholicks and the Arrians never did differ upon the question of the sufficiency of Scripture . But as for the book , it is liber doctus & minimè spernendus , saies Bellarmine ; and so is this testimony : and the rather because it is perfectly agreeing with the doctrine of the other Fathers . So S. Augustine , Contra insidiosos errores ●●us vol●it ponere firmamentum in Scripturis , contra quas nullus audet l●qui qui quoquo modo se vult videri Christianum , Against treacherous e●●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 . When Christ offered himself to Thomas to be handled , non illi suffecit nisi de Scripturis confirmaret cor credentium , Christ thought 〈◊〉 not enough unless out of the Scriptures he had confirmed the heart of the believers : prospiciebat enim nos futuros , 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 ●e bel●●ve but by that by which he confirm'd them who handled him ? He opened unto them the Scriptures ] 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 Justus Orgilitanus expounds that of the Canticles [ take the little foxes ] that is , convincite haereticos eorúmque versutias sanctarum Scripturarum concludite testimoniis ; convince hereticks , and restrain their subtleties and crafts with the testimonies of Holy Scriptures . And thus in fact the Fathers did conclude against the Gnosticks , the Valentinians , the Marcionites , the Manichees , the Photinians , the Arrians , the Novatians , Eutichians , Eunomians , Nestorians , Macedonians , and all the pests of Christendome . Hos percussit gladius . The word of God is sharper then a two-edged sword ; and the magazines of Scripture were the armories of the Church . 3. The Fathers did reject whatsoever was offered as an article of faith or a Rule of manners , that was not in , or could not be proved from Scriptures . So Tertullian , 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 & coacta , & curiosi potius quam rationalis officii . If you cannot shew the authority of a divine or Apostolical praecept , your office is not religion , but superstition , not a reasonable service , but curiosity , coaction or affectation . Pamelius suppos'd these words to be very dangerous against Ecclesiastical Traditions . 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 Tertullian against Hermogenes : Whether all things were made of praeexisting matter , I have no where read , let the schoole of Hermogenes shew where it is written . Si non est scriptum , timeat Vae illud adjicientibus 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 . But S. Basil is yet more decretory : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is a manifest defection from the faith , and a conviction of pride , either to reject any thing of what is written , or to introduce any thing that is not . And therefore in pursuance of this great truth and measure of conscience , he gives this rule , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Whatsoever is without Scripture , not dervi'd from thence , is not of faith , and therefore is a sin : and therefore every such thing S. Austin accurses ; Siquis sive de Christo , 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 legalibus & Evangelicis accepistis , anathema sit , If any of us I will not say , but if any Angel ( for that S. Paul 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 . Scripturis non loquentibus quis loquetur ? If the Scriptures speak not , who will speak ? said S. Prosper . All things which are delivered 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. So S. Cyril . These Fathers speak dogmatically , 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 . So Theophilus Alexandrinus ; Daemonici spiritûs est instinctis sophismata humanarum mentium sequi , & aliquid extra Scripturarum authoritatem sequi , It is the instinct 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 . Quae absque authoritate & testimoniis Scripturarum quasi traditione Apostolicâ sponte reperiunt & confingunt , percutit gladius . So S. Hierome . These things which they feign as if they were traditions Apostolical , the sword shall smite , if they be without authority and testimonies from Scripture . And so S. Basil to the Question , Whether new converts are to be accustomed to the Scriptures ; he answers , It is fit that every one should out of the Holy Scriptures learn what is for his use ; yea it is necessary , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , both for the full certainty of godliness , and also that they may not be accustomed to humane traditions . Where it is observable , he calls all humane traditions that are not in Scripture ; for if there were any divine traditions which are not in Scripture , he ought to have advis'd the learning of them besides Scripture , for the avoiding of traditions which are not divine : but the Scripture being 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 : He asks a question , 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 . He answers ( after the quotation of many places of Scripture ) Who therefore is so mad , that of himself 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 , & c ? But because 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 Paul hath appointed us a rule , saying , 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 . 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 traditions , 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 . 4. The Fathers of the Church did affirme the Holy Scriptures to be a sufficient and a perfect rule of faith and manners . Adoro Scripturae plenitudinem , said Tertullian , quae mihi & factorem manifestat & facta . 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 Virgils 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 concluding . I instance in Irenaeus . Credere haec talia debemus Deo qui & nos fecit , rectissimè scientes qui Scripturae quidem perfectae sunt , quippe à verbo Dei & Spiritu ejus dictae , 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 , Legite diligentius id quod ab Apostolis est Evangelium nobis datum , & legite diligentius Prophetas , & invenietis universam actionē , & omnem doctrinam , & omnem passionem Domini nostri praedicatam in ipsis , Read the Gospel which the Apostles left us more diligently , read the Prophets more diligently , and you shall finde declar'd in them all the doctrine of Christ , all his action & all his passion . By [ universam actionem ] 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 , and all his story , viz. so far as concerns us . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Constantine the Emperor . The Evangelical 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 concerning that which is divine . And therefore S. Athanasius , or whoever is the Author of the Exhortation to the Monkes , Cura in canonicis ponenda est salubriter monumentis , non quod Apocrypha praesertim ignorata debeamus dānare , sed quod ad scientiam Dei digestam Canonis seriem putemus posse sufficere : Be careful in reading the Canonical Scriptures ; not that the apocryphal ( especially before they are known ) ought to be rejected , but that we suppose the Canon is sufficient [ to the knowledge of God. ] The same with Constantines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that which is concerning God ; that is , the religion . But more full is that short sentence of S. Athanasius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The holy and divinely-inspir'd Scriptures are in themselves sufficient for the preaching or enunciation of the truth . To the same purpose are the words of S. Chrysostome ; 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Look for no other teacher , thou hast the oracles of God : none teaches thee like them . 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 . For the Scriptures are like a most strong gate , and keep out hereticks from entring , and make us alltogether sure of all things whatsoever we will : [ of all things ] that is , of all things of religion ; for that is the subject of the discourse , and explicitely delivered by him in another place . Quicquid quaeritur ad salutem totum jam adimpletum est in Scripturis , In the Scriptures fully there is whatsoever is look'd for unto Salvation . And this is so express'd in an excellent place of S. Austin , In iis quae apertè in Scripturis posita sunt inveniuntur illa omnia quae continent fidem moresque vivendi , spem scil , atque charitatem . More fully yet was that of Abbat Odilo of the Cluniac order , Omnis ratio quâ vel Deum vel nos cognoscimus , divinis libris continetur , 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. Austin sayes the same thing over and over ; Legite sacram scripturam in qua quid tenendū & quid fugiendum sit plenè invenietis , Read the holy Scriptures ; in which ye shall [ perfectly , or ] fully find what is to be held , what is to be avoided . And again , Sancta Scriptura nostrae doctrinae regulam figit , The Holy Scripture fixes or limits the rule of our doctrine . In hoc volumine cuncta quae aedificant , omnia quae erudiunt , scripta continentur , faith S. Gregory Bp. of Rome , In this volume whatsoever can instruct us , whatsoever can edify us is contained . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said S. 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 . And to bring in any thing that is a stranger to Scripture Theodoret calls it an extinguishing of the Spirit ; 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 Prophets , of the Gospel and Apostles , she departs not out of her own bounds , that is , from the Holy Scriptures , but retains her first possession . So S. Hierome . And in his commentary on Psal. 86. ( if he be the Author of it , as Rupertus affirmes , ) expounding those words , Dominus narrabit in Scriptura populorum & principum horum qui fuerunt in ea , he sayes , [ Et principum ] hoc est Apostolorum & 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 & principum qui fuerunt in ea . 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 . Sufficit Divina Scriptura ad faciendū eos qui in illa educati sunt sapientes , & probatissimos , & sufficientissimam habentes intelligentiam ; indigemusque ad hoc prorsus nihil externis Magistris . So S. Cyril of Alexandria . The divine Scripture is sufficient 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 external Masters . To the same purpose is that of Anastasius of Antioch , Quòd quae silentio praeteriit Scriptura divina non sint scrutanda , perspicuum : Omnia enim quae faciunt ad nostrā utilitatem dispensavit & administravit Spiritus sanctus : 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 dispensed to us and administred all things which conduce unto our profit . Quicquid est de verbo Dei , quicquid sciri vel praedicari oportet , de Incarnatione , de vera Divinitate & Humanitate filii Dei , duobus ita continetur Testamentis , 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 . 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 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Varinus , A Rule or Canon is an unerring measure , which at no hand can receive addition or suffer diminution . And S. Basil reproved the heretick Eunomius for folly besides his false doctrine , because that he affirm'd tradition of the Fathers to be the Gnomon or Canon of faith , and yet said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that it wanted some additament to make it exact ; one part contradicts the other . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith S. Chrysostome , If anything be put to it , or taken from it , it ceases to be a Canon . And therefore Scriptures are not the Christian Canon , they are not Canonical , if they need to be supplied by traditions . The same is also affirmed by Oecumenius , and the very words of Chrysostome are transcrib'd by Theophylact . 5. Whatsoever Christ taught to his Apostles by his Sermons and by his Spirit , all that the Apostles taught to the Church , and set it down in writing . This we learn from S. Irenaeus , 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 & 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 : ] viz. what the Church was afterwards to minister , the Scriptures did consigne , and both of them were pillars and grounds of faith , the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Scriptures 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Church by way of Ministery , the Scriptures by their Authority . To this purpose are those words of S. Austin , Cum multa fecisset Dominus Jesus , non omnia scripta sunt , sicut idem ipse sanctus Evangelista testatur , multa Dominum & dixisse & 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 . And therefore S. Austin and Optatus compare the Scriptures to the Will of the Testator : concerning his goods the kinred may strive , one affirming this , and another that ; but proferte tabulas , 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 contention . 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 Nicephorus particularly affirm'd of S. Paul , Quae praesens oratione suâ dilucidè docuerat , eadem per compendium 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 . And S. Peter having ( as appeares in his Epistle ) promised to doe something to put them in mind after his decease ( meaning to remind them of the doctrine delivered ) caused S. Mark to write his Gospel . Thus I have sufficiently demonstrated the Rule so far as this topick can extend ; 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 Tradition 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 question'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 . 2. The next inquiry is what use there is of Traditions , and if they cannot be a part of the Rule , what aides doe they bring to the Conscience in faith or manners . 1. To this I answer , 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 perfect 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 supposing 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 directly 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 Tradition 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 inducements : 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 . 2. Besides this , 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 certain , as universal , as credible 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 persons , 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 Scripture , and of the necessity of a supply to be made by tradition . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Tradition , is any way of communicating the notice of a thing to us : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I have delivered to you that Christ died for our sins . But this tradition is also in Scripture : so S. Paul addes that Christ died for our sins , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to the Scriptures ; and he commands the Thessalonians 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 . Si ergo aut Evangelio praecipitur , aut in Apostolorum epistolis aut actibus continetur… . observetur divina haec & sancta traditio . So S. 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 . Such was that which S. Basil calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tradition of baptisme , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Our Lord himself having delivered or given the order in the tradition of baptisme . And S. Irenaeus calls it a tradition Apostolical , Christum accepisse calicem , & dixisse sanguinem suum esse , &c. That Christ tooke the cup , and said it was his blood ; and that the Barbarians did diligently keep the tradition , Credentes in unum Deum & in Christum qui natus est ex Virgine , believing in one God and in Christ who was born of a Virgin. 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 your traditions , 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 ; 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 tradition of God , whether written or unwritten , it matters not . If it cannot be made to appear , then idem est non esse & non apparere , it is not obliging to us : we cannot follow the light of a candle that is hid in a dark lanthorn , 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 . 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 ▪ and it was for these reasons . 1. Because the Hereticks denied the Scriptures : so did the Manichees reject the four Gospels ; Ebion received onely S. Matthews Gospel , Cerinthus onely S. Mark , Marcion onely S. Luke , and not all of that , Valentinus none but S. John , but the Alogi received all but that ; Cerdo , Cherinthus , Tatianus and Manichaeus rejected the acts of the Apostles ; the Ebionites all S. Pauls Epistles ; the Church of Rome for a long time rejected the Epistle to the Hebrews , so did Marcion ; others also refus'd to admit the Epistles of S. James and S. Jude , the second of S. Peter , the second and third of S. John , as we learn from a Eusebius and S. b Hierom. Now to such men as these , and in all the interval till the whole Canon was consign'd and accepted , 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 ▪ But in all this here is no objection , for all this tradition was nothing else but the doctrine of the holy Scriptures . 2. The hereticks did rely upon this topick for advantage , and would be tried by Tradition ; as hoping because there were in several Churches contrary 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 Carpocratians in Irenaeus , 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 : For they affirme that 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 . Upon this pretence Arte●● expos'd his errors , saith Eusebius , and Papias introduc'd the Millenary heresy ; and by tradition the Arians would be tried , and S. Basil was by them challeng'd in an appeal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to custome or tradition and by this Eunomius did suppose he had prevail'd ; and S. Austin affirm●● that all the most foolish hereticks pretend for their most senseless figments those words of our Blessed Saviour [ I have yet many things to say unto you , but ye cannot beare them now . ] And to this purpose was that which the Basilidians 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 〈◊〉 two wayes of confutation : one was , which they most insisted upon , that the Holy Scriptures 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 pleaded ; that is , though the hereticks would not admit the doctrine of Christianity 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 Fathers 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 because they did not consent in the authority of one instrument , they ought to be convinc'd by the other . 3. There is yet one use more of Traditions , but it is in Rituals , and in such instances concerning which S. Paul wrote to the Corinthians these words [ The rest will I set in order when I come . ] Such are , 1. The observation of the Lords day , solemnly once a year , and lesse solemnly once a week , that is , the feast of Easter , and the weekly Sunday ; 2. The Government of the Church by Bishops , 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 monuments of Antiquity ; 3. Offices Ecclesiastical to be said and done by Ecclesiastical persons : such as are the publick Prayers of the Church , the consecration of the blessed Eucharist , the blessing of the Married paires and joyning them in the holy and mysterious rite of Marriage , the consecration of Bishops by Bishops onely , and of Priests by Bishops and Presbyters , though for this last there is not so universal tradition , that 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 Churches primitive is infinitely evident and notorious , less liable to exception , and an apt Commentary upon the certain but less evident places of Scripture , therefore these may be plac'd under the protection of universal Tradition ; 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 & 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 . By these instances it is evident that we ought not to refuse Tradition when it is universal , 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 Scripture to be the Text : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Irenaeus in Eusebius expresses it , all must be agreeable to Scripture . 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 . For all other things the Scripture is abundant , 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 . This is all use which is by wise and good men made of Traditions , 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. That the topick of Tradition , 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 . In order to the proof of this , I divide the great heap of Traditions , which are shovel'd together by the Church of Rome , 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 . The Traditions of things necessary , are the Trinity of Persons , the consubstantiality of the Eternal Son of God with his Father , the Baptisme of infants , the procession of the Holy Ghost from the Son , and Original 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 . 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 , said Rupertus Abbas , as I before quoted him . 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 Hosius , Gordon , Huntly , Gretser , Tanner , Perron and Fisher. By Scriptures therefore the Church confuted the Arians , the Eutychians , the Nestorians , the Monothelites , the Photinians and the Sabellians . The other articles are also * evidently in the words of Scripture or in the first consequences and deductions . And when we observe the men of the Church of Rome 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 Trent 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 oppugned 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 . There are also traditions pretended of things which are not necessary , 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 Mary . 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 [ Lawes Ecclesiastical . ] In the mean time they neither are of the necessity of faith , or the essential duty of Christian religion : and therefore as a Christian can goe to heaven without the observation of them in certain circumstances , so is the Scripture a perfect Canon without giving rules concerning them at all . But then as for others , there are indeed a great many pretended to be traditions , but they are false articles , or wicked practices , or uncertain 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 absolve from lawful and rate oaths , the picturing of God the Father and the holy Trinity , the half Communion , the doctrine and practice of Indulgences , 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 apparently false , some of them expressly against Scripture , and others confessedly new , and either but of yesterday , or , like the issues of the people , born where and when no man can tell . Concerning Indulgences , Antoninus the famous Arch-Bishop of Florence , sayes that we have nothing expressly 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 , Cum scriberentur Scripturae nondum coeperateusus vovendi Sanctis . * Bellarmine confesses that in the age in which the Scriptures were written , the use of making vowes to Saints was not begun ; and a Cardinal Perron excludes the next ages from having any hand in the invocation of them . Et quant aux autheurs plus proche du siecle apostolique , encore qu'il ne se trouve pas de vestiges de ceste coustume &c. In the authours more near the Apostolical age no footsteps of this custome can be found . Concerning making an image of the Father or of the Holy Trinity Baronius cites an Epistle of Gregory the second , An. Dom. 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 postea usu venit in Ecclesia , came into use afterward in the Church . The doctrine of Purgatory is not onely expressly against Scripture , saying , Blessed are the dead which die in the Lord , even so saith the Spirit , that they rest from their labours ; 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 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 . I shall not instance in any more , 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 undiscerning 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 ordinary understanding , or that hath heard any thing of antiquity , that the Apostles should command their followers to worship the reliques of S. James , or S. Stephen ; or that S. Peter 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. Peter or S. Paul should leave secret instructions with S. Clement or S. Linus 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 Communion could be single , till the Catholick Church came to signify the Roman : and yet if Scripture will not prove these things , Tradition must . The experience 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 Papias 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 . Sometimes men have been wiser , and when a Tradition Apostolical hath been confidently pretended , they would as confidently lay it aside , when it was not in Scripture . Clemens Alexandrinus reckons many traditions 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 Infidels , and then raised them to life , although these were by S. Clement 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 Rome , though Marcellus was so bold to say it was a Canon Apostolical ? And after S. Hierom had said these words , praecepta majorum Apostolicas traditiones quisque existimat , 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 Tradition was claimed by the opposite parties of a question , who can be sure of it now ? Artemon pretended it to be an Apostolical tradition that Christ was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a meer man , 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 impertinent , but ( as they then made it ) great question of the time of keeping Easter . Clemens Alexandrinus said it was an Apostolical Tradition that Christ preached but one year ; but Irenaeus said it was an Apostolical Tradition that Christ was about fifty years old when he died , and consequently 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 , & 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 Indices , 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 Tartar should offer to prove himself to have descended from the family of King David , upon pretence that the Jewes mingled with their Nation , and that they did use to be great keepers of their genealogies . But after all this , the question of Tradition is wholly useless in the questions between the Church of Rome and the other parts of Christendome . Not onely because there are many Churches of differing rites and differing doctrines from the Roman , who yet pretend a Succession and Tradition of their customes and doctrines per tempus immemoriale , they know not when they began , and for ought they know they came from the Apostles , and they are willing to believe it , and no man amongst them questions it , and all affirm it ; particularly the Greek Church , the Russians , the Abyssines : 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 . Therefore although the perfection of Scripture be abundantly prov'd , yet if it were not , 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 , [ & therefore Job calls out , O that my words were now written , O that they were printed in a book , that they were ingraven with an iron pen and lead in the rock for ever : upon which words the Greek Catena sayes , He drawes a similitude from them who put those things in writing which they very greatly desire should remain to the longest posterity ] 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 divertisement . The first is , That very many Epistles of Popes , viz. from S. Clement to S. Gregory , 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 Rome in all her persecutions and hardnesses ; and of these Epistles the present Church of Rome makes very great use to many purposes , and yet no imposture could be greater then this . For 1. 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. Hieroms time , as appears in the citation of the testimonies of Scripture from S. Hieroms translation , and the Author cited S. Hieroms version of the Hebrew Psalter . 3. They were not known in Rome for eight Ages together : which were a strange thing that the records of Rome should have no copies of the Epistles of so many of the Bishops of Rome . 4. They are infinitely false in their Chronology , and he that invented them put the years of false Consuls to their date , as Baronius himself confesses quite reckoning otherwise : and in the Epistles of the whole five & 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 expressions , not unlike the Friers Latine or the Epistolae obscurorum virorum . 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 S. Clement was mention'd by Ruffinus and the Council of Vase . 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 Centuriators of Magdeburg , David Blondel and divers others . And a more notorious 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 Pontifical Book , or the boldness of the Compiler . 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 Turrian and Binius , 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 sometimes so dangerous , there is very great reason to reject the topick of Traditions , 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 . The other thing is , 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 recommend and advance their own heretical Opinions . Thus some false Apostles ( as Origen relates ) wrote an Epistle and sent it to the Church of Thessalonica under S. Pauls name , which much troubled the Thessalonians , and concerning which , when S. Paul 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. Pauls name ( as S. Hierome reports ) containing the Vision of Paul and Tecla , and I know not what old tale of the baptizing Leo. Some or other made S. Clement an Eunomian , and Dionysius of Alexandria an Arrian , and Origen to be every thing , by interpolating their Books , or writing Books for them . Ruffinus tells that the Hereticks endeavoured to corrupt 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 Tertullians instances in his Books against Marcion : and for this reason Origen gives caution , Oportet cautè considerare , ut nec omnia secreta quae feruntur nomine Sanctorum suscipiamus , We must warily consider , and not receive all those secret traditions which goe up and down under the names of Saints , [ viz. of the holy Apostles . ] And of the same nature is that famous cheat that usurps the name of Dionysius the Areopagite , called [ The Passion of Peter and Paul ] as who please may see in Laurentius Valla and Erasmus . And such is the Book of the same Passions attributed to Linus , which was invented so foolishly and carelesly that it contradicts the Scriptures 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 failings , 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 absolutely 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 upon the Canon of Scripture , that we are plainly , and certainly , and necessarily 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 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. Paul to Laodicea : if this or those were extant and sufficiently 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 Laodicean Epistle , and there is no such thing as tradition of doctrines of Faith not contained 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 . But upon the matter of this Argument , there are three Questions to be considered in order to Faith and Conscience . 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 reasonably 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 ? 2. How farre a negative Argument from Scripture is valid , and obligatory to Conscience ? 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 ? 1. Question is concerning the indirect ways of discerning Tradition . In vain it is to dispute whether traditions are to integrate the Canon of Scripture , 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 ▪ they are no necessary or competent stabiliment of doctrine or manners , o● if they were , themselves have no stabiliment . For it is certain there can be no tradition receiv'd for Apostolical at a less rate then the rule of Vincentius Lirinensis . 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 shall never be written ; keep them : but the naming of [ traditions ] in some Books of Scripture , and the recommending them in others , is no argument 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 Vincentius L●rinensis . There is no doctrine , no rule of Faith or Manners which is not in the Holy Scriptures , and yet which was believed always , and in all Churches , and of all men in those Churches . For although it is very probable that Vincentius by this rule intended to reprove the novelties and unusual doctrines which S. Austin 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 together by the Catholick Church , reckoning from this period upwards ; unless it were also received by the Apostolical ages and Churches throughout 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 downwards ; 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 thousand years together , cannot annul the obligation , or introduce the contrary . So that if we begin to account by this rule of Vincentius and goe backwards , it is nothing unless we goe back as farre as to the Apostles inclusively : 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 practicably ; for we need not walk along the banks and intrigues of Volga , if we can at first point to the fountain ; it is that whither the long progression 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 visible , 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 doctrine 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 Vincentius 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 report it from the Apostles , then it is to be so received and continued . Indeed 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 nothing ; for there is no doctrine so delivered but what is in Scripture . Indeed 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 Vincentius not being practicable , and the other lesser rules or conjectures rather being incompetent , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we must remain as we are , and give God thanks for the treasures of Holy Scripture , and rejoyce and walk in the light of it . But let us try a little . The first Rule which is usually given is this ; 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 . This Rule is false and in sufficient upon many accounts . 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 affirmation of the Church , for that is sufficient whether it be written or not written , whether it be delivered or not . 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 . 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 ●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 nothing of our controversies , and if they did , would not understand some of them . 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 nothing 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 Rome , who are resolved to call no Church Catholick but their own . 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 〈…〉 , either the Catholick Church is the 〈…〉 we can never tell what the believes in a particular 〈…〉 nothing in the question , because i● is be a question , 〈…〉 Church is divided in her sense of it● or else the Catholick 〈…〉 or Church of Christians separate from the rest , and then 〈…〉 by other means be first known that she is the Catholick Church 〈…〉 accept her belie● to be an argument that the article is an 〈…〉 . Adde to this , that the Churches believing it , is not , 〈…〉 argument that the doctrine is Apostolical ; but on the 〈…〉 be prov'd to be Apostolical before it is to be admitted by the 〈◊〉 . And it it be answer'd , that so it was to those Churches 〈…〉 it first , but to us it ought to be sufficient that the Church 〈…〉 we ought therefore to conclude it to be Apostolical : I reply ▪ 〈…〉 is a it was at first prov'd to the Church to be Apostolical ; but 〈…〉 primitive Church would not receive the doctrine without such 〈…〉 sign that this was the right way of proceeding , and therefore 〈…〉 to be with us ▪ they would not receive any doctrine unless it were 〈…〉 come from the Apostles , and why should we ? and to say that 〈…〉 receiv'd it , we ought to suppose it to have been Apostolical , 〈…〉 to beg the question : for when we make a question whether the Church did well to receive this doctrine , we mean whether they did receiv●● it from the Apostles or no. And therefore to argue from their 〈…〉 , that it was Apostolical , is to answer my question by telling 〈…〉 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 Rome , calling her self the Catholick Church , affirms it to be Heresy to say that it is necessary to give the Communion under both 〈◊〉 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●non in the Council of Constance which establishes this for Catholick 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 universal Church can erre , or else the same thing can come and cannot come ●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 ●oes erre in forbidding it ; or else , if neither does erre , then the Communion under both kinds did come and did not come from Tradition Apostolical . But 6. suppose it were agreed that one Congregation is the Catholick 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 therefore not a good rule , till it be proved by revelation . 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 ubique , believ'd every where , unless it be also semper & ab omnibus , alwayes and by all men . I instance in the Communicating of Infants , which was the doctrine of S. Austin and of Pope Innocentius , and prevail'd in the Church for 600. years ( saies Maldonat the Jesuit ) that it was necessary to the salvation of Infants , 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 disputed 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 , and by those vast numbers of Christians in Ethiopia . 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 . 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 revelations : 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 Hereticks and Knaves ; but when he hath weakly received it , it shall proceed strongly upon his authority . The matter of Papias about the doctrine of the Chiliasts 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 useful , all men shall receive when it is called necessary ; 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 advantages , 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 men , are no impossible progressions , if we consider how much mankind especially in Theology , have suffered the authority of a few men to prevail upon them . 5. Does not all the world see that zeal makes men impatient of contradiction , and that impatience makes them fierce in disputing , 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 Apostolical 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 affirmative 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 suspiciously , or judge not wisely . 2. The next Rule which is pretended for the discovery of an Apostolical Tradition is this , 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 . 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 Catholick , uses certain Sacramentals to conferre grace , ( which none could institute 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 agnus Dei's , 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 Catholick 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 , Whatsoever mankind does universally which they ought not to doe without Gods law , that certainly they have a law from God to doe ; 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 indifferent ; but that it must be by Tradition , if it were not by Scripture , or by the Church , were as if we should say , if Laelaps 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 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. Cyprian or the African Churches knew of , for they rebaptized Hereticks , and disputed it very earnestly , and lived in it very pertinaciously , and died in the opinion . 3. The third rule is , 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 . This rule is the same with that of Lirinensis , 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 cannot 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 cannot be prov'd to be an Apostolical Tradition ; because the Asian 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 Tradition ( 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 . 4. When all the Doctors of the Church by common consent testify concerning any particular that it descends from Apostolical tradition , we are to hold it for such : whether they affirm this in all their writings , or together in a Council . 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 deceived , 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 testimony 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 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 handing 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 Bellarmine 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 Apostolical 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 Omnibus , and Semper , and Ubique , which is Vincentius his measure , it cannot be warranted , and he that allowes it is more kind then wise . S. Basil proves the perpetual Virginity of the Blessed Virgin Mary by a Tradition that Zechary 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 : but S. Hierom sayes it is Apocryphorum somnium , a dream of Apocryphal persons . But it was a long time before the report of the Millenary Tradition was contradicted , and yet in that intervall in which many of the most eminent Fathers attested it to have descended from the Apostles , 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 Council affirmes it to be Tradition Apostolical it is so to be accepted , it is evidently 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 lawful so much as to make them ; of which I have already given a large account in this book . 5. When the Apostolical Churches , which from the Apostles have had uninterrupted succession , doe witness concerning any thing that it is Apostolical tradition , it is to be admitted for such . This rule was good before the Chanels were mingled with impure waters entring in : It was used by Irenaeus , Tertullian , S. Augustine , and others ; and it was to them of great advantage . But although it was good drinking of Euphrates when it newly ran from the garden of Eden , yet when it began to mingle with the Borborus it was not good : and who durst have trusted this Rule when Dioscorus was Bishop of Alexandria , who yet was lineally descended from S. Mark ? And who durst have relied upon this Rule when Pope Julius absolved the Sabellian Hereticks , and communicated with Marcellus Ancyranus ? and when S. Basil complains of the Western Bishops , and particularly the Roman , quòd veritatem neque nôrunt , neque discere sustinent … cum iis qui veritatem 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 & summi Pontifices & alii inferiores inventi sunt apostatasse à fide , propterea ecclcsia consistit in illis personis in quibus est notitia vera , & confessio fidei & veritatis . 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 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 Rome 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 Churches of the world . 44. I conclude therefore this question , that amongst those rules of discerning 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 Testament : 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 integrate the Rule and to oblige our Conscience , it is certain that God intends 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 . II. Question . The second Question also does very nearly relate to Conscience and it's conduct . viz. 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 argument from Scripture to prevail ? The resolution of this depends upon the premisses . 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 command a moral action , that is not it's whole kind set down in Scripture . This I proved by direct testimonies of Tertullian , S. Basil , S. Austin , S. Cyril , Theophilus Alexandrinus and S. Hierome , in the * foregoing numbers . To which I adde these excellent words of S. Cyril of Jerusalem , speaking of the Jerusalem Creed , which he had recited and explicated and promis'd to prove from Scripture ; he gives this reason , Nam Divinorum sanctorumque fidei mysteriorum nihil , ne minimum quidem , absque Divinis 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 . But because there are some particulars and some variety in the practise of this rule , I am to consider it now to other purposes . 1. Nothing is necessary either to be believ'd or done unless it be in Scripture . Thus S. Gregory Nyssen argues , Ubinam dixit Deus in Evangeliis oportere credere in unum & solum verum Deum ? Non possent ostendere nisi habeant ipsi novum aliquod Evangelium . Quae n. ab antiquis per traditionem ad haec usque tempora in Ecclesiis leguntur , hanc vocem non continent quae dicat , oportere credere vel baptizare in unum solum verum Deum , quemadmodum isti autumant , sed in nomen Patris & Filii & Spiritus Sancti . I have I confess something wondred at the matter of this discourse . For either the Arrians have infinitely imposed upon us , and interpolated Scripture in a very material article ; or else S. Gregory forgot the 17. of S. John and the 3. verse ; or else he insisted onely upon the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the same sense is in the place now cited . For if this be life eternal to know him the onely true God , and whom he hath sent Jesus Christ , 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 ought to believe in [ God the Father ] him , the one , onely true God , &c. But certainly , if we are to know him onely , then onely to believe in him seems to be a very good consequent . But S. Basil therefore onely insisted upon the very words , and thought himself safe ( as indeed he was ) upon the reverse of another argument . For since the words oportere credere in unum solum verum Deum were not in S. John 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 because the word [ believe ] was not set down expresly , where knowledge is confin'd to one or two , therefore it cannot be said that we are tied to believe 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 argument . Thus S. Austin also argued , Pater enim solus nusquam legitur missus , The Father is never in Scripture said to be sent ; therefore no man must say it . So 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 . 2. A negative argument from the letter of Scripture is not good , if the contrary affirmative can be drawn by consequent from any part of it . Thus our Blessed Saviour confuting the Sadducees in the article of the Resurrection hath given us a warranty for this proceeding ; God is the God of Abraham , Isaac , and Jacob. These were the words of Scripture . But these directly would not doe the work . But therefore he argues from hence , God is not the God of the dead , but of the living : 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 certain consequent from something that is expresly affirmed ; and therefore the negative argument is imperfect , and consequently , not concluding . Quae neque à Christianis dicuntur neque creduntur , neque ex consequente per ea quae apud nos certa sunt & concessa intelliguntur , &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 Christians this is believed as certain , that we may pray to him in whom we believe ; 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 Father , Son , and Holy Ghost : from hence Christians doe know that they are to invocate the Holy Ghost . For S. Pauls argument is good , How shall we call on him on whom we have not believed ? therefore we may call on him if we believe on him : according to that Rule of reason , Negatio unius diversum affirmat , The denying of one is the affirmation of its contrary in the like matter . And something of this was used by Paschasius the Deacon : and the effect of it prevail'd upon the account of a negative from Scripture ; In nullis autem Canonicis libris , de quibus Symboli textus pendet , accepimus , quia in Ecclesiam credere sicut in Spiritum Sanctum Filiúmque debemus , We are taught in no Scripture ( from whence the Creed is deriv'd ) to believe in the Church , as we believe in the Son and in the Holy Ghost : 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. Basil argues concerning the Holy Spirit ; Dignitate namque ipsâ secundum esse à Filio pietatis sermo fortassis tradit : naturâ verò tertiâ uti nec à Divinis Scripturis edocti sumus , nec ex antecedentibus possibile est consequenter colligi , That the Holy Spirit is of a nature distinct from the Father and the Son we neither are taught in Scripture , neither can it be drawn into consequence from any antecedent pretences . * 3. A negative argument of a word or an expression cannot be consequently deduc'd to the negation of the mystery signified by that word . The Arrians therefore argued weakly , Shew us in all the Scripture that the Son is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Consubstantial to the Father ; if you cannot , you ought not to affirm it . For we know God is one ; if therefore we finde in Scripture that the Son is true God , we know he must needs be of the same substance with his Father ; for two substances cannot make one God. So though the Blessed Virgin Mary be not in Scripture called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Mother of God , 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 Rome 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 . 4. A negative argument from Scripture is sufficient to prove an article not to be of necessary belief , but is not sufficient to prove it not to be true : 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 , Nunquam laeti sitis nisi cum Fratrem vestrum in charitate videritis , Be never very merry but when you see your Brother in charity ; yet S. Hierome 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 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 article 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 piè credibilia , there is piety in the believing them : 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 . 5. A negative argument from Scripture does not conclude in questions of fact : and therefore S. Hierome did not argue rightly , Quanquam excepto Apostolo non sit manifestè relatum de aliis Apostolis quod Uxores habuerint , & cum de uno scriptum sit ac de caeteris tacitum , intelligere debemiis , sine uxoribus eos fuisse , de quibus nihil tale Scriptura significat ; The Scripture names onely Peters wife , and does not say that any of the other Apostles were married , therefore we are to conclude that they were not . For besides that the allegation is not true , and S. Paul intimates that the other Apostles as well as Peter did lead about a Sister , a Wife ; and that from thence the Fathers did believe them all to have been married except S. John , and some also except S. Paul ; yet the argument is not good : for it may as well be concluded that S. Peter 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 . 6. When a negative argument may be had from Scripture for both the parts of the contradiction , nothing at all can be concluded thence , 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 ; therefore 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 . 7. But when the question is of lawful or unlawful , then it is valid . 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 . Lucentius thus argued in the Council of Chalcedon , Dioscorus Synodum ansus est facere sine authoritate sedis Apostolicae , quod nunquam licuit , nunquam factum est . 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 aliquando licuit , it once was lawful , and therefore is always so , if we speak of the Divine Law ; and if Lucentius 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 . 8. An argument from the discourse of one single person omitting to affirm or deny a thing relating to that of which he did discourse , is no competent argument to prove that the thing it self omitted was not true : and therefore Ruffinus had but a weak argument against the traduction of the soul when he argued thus , Si anima quoque esset ex anima secundum illorum vanas opiniones , nunquam profecto hoc Adam praeterisset . Nam sicut os ex ossibus meis , & caro de carne mea dicebat , sic etiam anima ex anima mea dicere potuisset . Sed tantum hoc dixit quod sibi videlicet sciebat ablatum . Adam 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 Ruffinus in this particular defended a good cause with a broken sword . 9. But if that which is omitted in the discourse be pertinent and material to the inquiry , then it is a very good probability that that is not true that is not affirmed . When the Jews asked our Blessed Saviour , Why doe the disciples of John and of the Pharisees fast often , but thy disciples fast not ? he gave an answer that related to the present state of things and circumstances 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 occasion , and the answer had been imperfect without it . S. Hieromes was also very good , but not so certain as the other , against the tale of Leo baptized after his death , and the periods of Paul and Tecla ; Igitur periodos Pauli & Teclae & totam baptizati Leonis fabulam inter apocryphas Scripturas computamus . Quale enim est ut individuus comes Apostoli inter caeteras ejus res hoc solùm ignor ●verit ? It is not likely that S. Luke , who continually attended on S. Paul , observed all his actions , remark'd his miracles , describ'd his story , should omit things so strange , so considerable , if they had been true . The reason of these things is , 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 . 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 Acephali , Hereticks who had Churches without Bishops , refused their allegations of the authority of Dionysius the Areopagite , upon this account , 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 & 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 . If neither S. Cyril , nor S. Athanasius , who were so diligent to inquire , so skilful in knowing , so concern'd that these Books should be the works of S. Dionys , 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 , 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. Austins time , it was no argument that therefore it was believ'd in S. Cyprians 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 Baronius said well , 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 . One thing onely I am to adde to this out of Vincentius Lirinensis , Quicquid vero ab Antiquo deinceps Uno praeter omnes , vel contra omnes Sanctos novum & inauditum subinduci senserit , id non ad religionem sed ad tentationem potiùs intelligat pertinere , 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 temptation . I doubt not but he intended it against S. Austin , 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 ; one ( it may be ) or scarce one being excepted . And to the same purpose Tertullian argued against Marcion concerning a pretended Gospel of S. Paul , Etsi sub ipsius Pauli nomine Evangelium Marcion intulisset , non sufficeret ad fidem singularitas instrumenti destituta patrocinio Antecessorum . 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 believing , it is sufficient that he hath no cause . Thus S. Hierome argues well against the rebaptizing of converted Hereticks , Ad eos venio haereticos qui Evangelia laniaverunt… . quorum plurimi vivente adhuc Johanne Apostolo eruperunt , & tamen nullum eroum legimus rebaptizatum . Of all the Hereticks which appeared in S. Johns 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 , 10. A negative argument must not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a partial or a broken piece of a medium . You cannot argue rightly thus , S. John 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 argument onely from one Gospel cannot conclude rightly concerning any article 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 Nicodemus , 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 regeneration . S. Irenaeus his negative argument was good ; Quod neque Prophetae praedicaverunt , neque Dominus docuit , neque Apostoli tradiderunt , &c. If neither Moses 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 & perfect . But S. Cyril of Alexandria disputed also well with his negative argument from Antiquity , Etenim nomen hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nullus unquam Ecclesiasticorum Doctorum repudiavit : qui autem illo subinde usi sunt , & multi reperiuntur , & maximè celebres . Many famous Doctors used this word , calling the Virgin Mary the Parent of God ; and none ever refused it ; therefore it may safely be used . If the negative argument from Scripture or Antiquity respectively can run thus , It was not condemn'd in Scripture or Antiquity , but it was used , therefore it is good ; the argument concludes rightly in relation to Scripture , and probably in relation to Antiquity . But if it be said onely , the Scripture condemnes it not , but neither does it approve it , then it cannot be concluded to be laudable , but onely not criminal . 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 innocent . The reason is , because Scripture is the measure of lawful and unlawful , but the writings of the Doctors are not ; and these may be deficient , though that be full . 11. In the mysteries of Religion , and in things concerning God , a negative argument from Scripture ought to prevail both upon our faith and upon our inquiries , upon our belief and upon our modesty . For as S. Austin said well , De Deo etiam vera loqui periculosissimum , It is hard to talk many things of God : 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. Austin argued , 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 hominis . 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 Scripture 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 measures 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 . 12. Lastly , 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 . That the Clergy ought not to marry is no where affirmed in Scripture , and therefore it is permitted ; and because it is agreeable to Nature , and the Lawes of all republicks ▪ 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 ; ubi scriptum est ? shew us where it is written that this is displeasing to God : if it be no where forbidden , praesumitur pro libertate ; 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 mean time God hath left us under no more restraints then are describ'd in Scripture . This argument S. Chrysostome urges against the necessitie of corporal afflictions to a contrite weeping penitent . Lacrymas Petri lego , Satisfactionem non lego . I read that S. Peter 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 consideration . 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 . Thus S. Athanasius defended his Decessor 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 dejectus , 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 . But arguments of this nature , when the medium 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 question , 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 . III. Question . 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 . If this Question were to be determin'd by witnesses , it were very easy to produce many worthy ones . Theodorus the Bp. of Rome in his Synodical Epistle to Paul the Patriarch of Constantinople thus concludes against the Monothelites , Sufficit nobis fides quam sancti Apostoli praedicaverunt , Concilia firmaverunt , & Patres consignaverunt , That faith which the Apostles preach'd , which the Councils have confirm'd , which the Fathers have consign'd , that faith is sufficient for us : Therefore nothing new can be superinduc'd . After the Apostles had done preaching , the Faith was ful and intire . It was so long before they died ; but after their death the instruments were seal'd and ratified , and there could be nothing put to them , but our obedience and consent . And therefore Victor Bp. of Carthage in his Synodical Epistle to Theodorus gives caution against any thing that is new . Vestrum est itaque , Frater Sanctissime , Canonica discretione solita contrariis Catholicae fidei obviare , nec permittere noviter dici quod patrum venerabilium 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 . 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 Counsel of S. Cyprian , As it happens when the pipes of an aquaeduct are broken or cut off , the water cannot run , but mend them and restore the water to it's course , and the whole city shall be refreshed from the fountains head : Quod & nunc facere oportet Dei sacerdotes , praecepta Divina servantes , ut si in aliquo nutaverit & vacillaverit veritas , ad originem Dominicam & Evangelicam & Apostolicam traditionem revertamur , & inde surgat actus nostri ratio , unde & ordo & 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 . From the simplicity , truth and ingenuity of this discourse it will plainly follow , that what was the faith at first , the same it is now and no other , Sicut erat in principio &c. As it was in the beginning , so it is now , and so it shall be for ever . For to what purpose can it be advis'd that in all questions 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 Divine truth is warrantable but what they taught , no necessity is to be pretended 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 . Now concerning this , there are very material considerations . 1. Whatsoever 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 fundamentum , paries & tectum , the foundation , the walls and the roofe of our building : Now this foundation is that necessary belief , without which nothing could subsist in our Religion . 2. This foundation was by Christ and his Apostles laid sure , 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 Seneca said of the wisdome of the old men in infant Rome , is very true of the Aborigenes in Christianity , in the first spring of our Religion ; Antiqua sapientia nihil aliud quam facienda & vitanda praecepit : & 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 less vertuous . Simplex erat ex simplici causa valetudo : multos morbos multa fercula fecerunt . 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. Irenaeus . Melius itaque est nihil omnino scientem quempiam , ne quidem unam causam cujuslibet eorum quae facta sunt , cur factum , & credere Deo , & perseverare in ejus dilectione quae hominem vivificat , nec aliud inquirere ad scientiam nisi Jesum Christum filium Dei qui pro nobis crucifixus est , quam per quaestionum subtilitates & 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 . 3. If we observe the Creeds or Symbols of belief that are in the New Testament , we shall find them very short . Lord , I believe that thou art the Son of God who was to come into the world . That was Martha's Creed . Thou art Christ the Son of the living God. That was Peters Creed . We know and believe that thou art Christ the Son of the living God. That was the Creed of all the Apostles . This is life eternal , that they know thee the onely true God , and whom thou hast sent , Jesus Christ. That was the Creed which our Blessed Lord himself propounded . And again , I am the resurrection 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 . That was the Catechisme that Christ made for Martha , and question'd her upon the article , Believest thou this ? And this belief was the end of the Gospel , and in sufficient perfect order to eternal life . For so S. 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● the word of Faith which we preach , namely , if you with the mouth confess Jesus to be the Lord , and believe in your heart that God raised him from the dead , you shall be saved . That 's the Christians Creed . 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 , that ye may not be puffed up one for another , one against another . That was S. Paul's Creed , and that which he recommends to the Church of Rome , to prevent factions and Pride and Schisme . The same course he takes with the Corinthian Church ; 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 , &c. Well ; what is that Gospel by which they should be sav'd ? It was but this , That Christ died for our sins , that he was buried , that he rose again the third day , &c. So that the summe is this , The Gentiles Creed or the Creed in the natural law is that which S. Paul sets down in the Epistle to the Hebrews , Deum esse , & esse Remuneratorem , that God is , and that God is a rewarder . 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 . For this is his praecept , that we believe in the Name of his Son Jesus Christ , and that we love one another . So S. John. 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 , & he that keeps this Commandement shall never perish , For other foundation can no man lay then this which is laid , which is Jesus Christ. But if any man shall build upon this foundation , gold , silver , pretious stones , wood , hay , stubble , Every mans work shall be made manifest ; for that day shall declare it , 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 . But if any mans work shall be burned , he shall receive loss , yet himself shall be sav'd , but so as by fire . Nothing more plain , 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 disadvantage according as they happen ; but Salvation depends not upon them . For every Spirit which confesseth Jesus Christ to have come in the flesh is of God , and whosoever shall confess that Jesus is the Son of God , God abideth in him , and he in God : and , Every one that believeth that Jesus is Christ is born of God : and , who is he that overcometh the world , but he that believeth that Jesus is the Son of God ? In proportion to this measure of faith , the Apostles preach'd the doctrine of faith . S. Peters first Sermon was , that Jesus is Christ , that he was crucified , and rose again from the dead : 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 confessed that Jesus Christ is the Son of God , Philip presently baptized him . And it is observable , that when the Eunuch had desir'd baptisme , S. Philip told him , He might if he did believe : and was , when he made that confession ; intimating that this is the Christian Faith , 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 Philip preached ; for it is said of him , that he preached things concerning the Kingdome of God , and the name of Jesus Christ. And this was the summe of all that S. Paul 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 , because he preached Jesus and the resurrection . 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 ; Believe in the Lord Jesus , and thou shalt be saved and all thine house . 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the things which concerned the Kingdome of God , and the name of Jesus Christ , was the large circumference 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 world , and shall be our Judge , and in the resurrection shall give us according 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 the Just shall live . This excellent summary of Faith we find also but with a very little Paraphrase propounded as sufficient by S. Polycarp in that excellent Epistle of his to the Philippians , which S. Irenaeus so much commends , Fidei vestrae firmitas à principio usque nunc permanet , & 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. This S. Ignatius calls plenam de Christo cognitionem , a full knowledge concerning Christ : then he reckons the generation of the Son from God the Father before all worlds , his being born of the Virgin Mary , 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 , Haec qui planè cognorit & crediderit , beatus est , He that plainly knowes these things and believes them , is blessed . And in another Epistle , after the recitation of such another Creed , he addes , He that believes these things , is blessed that ever he was born . Justin Martyr affirmes expressly , that if any man should even then live according to the law of Moses ( 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 . The same Creed in more words but no more articles is recited by S. Irenaeus in his second and third chapters of his first book , saying that 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 . And afterwards speaking of some barbarous nations that had not the Scriptures , 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 Mary , his being the Son of God , his reconciling God and man , his suffering under Pontius Pilate , his rising again and being received into glory , and his last judgment : he addes , Hanc fidem qui sine literis crediderunt quantum ad sermonem nostrum Barbari sunt , quantum autem ad sententiam & consuetudinem & conversationem propter fidem , sapientissimi sunt & placent Deo , conversantes in omni justitia , castitate & sapientia , They who believe this faith are most wise in their sentence and custome and conversation through faith , and they please God , living in all justice , chastity and wisdome . Here were almost two Ages spent by this time , in which the most pestilent Heresies that ever did trouble the Church did arise , 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 condemnation 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 . Regula quidem fidei una omnino est , sola immobilis & irreformabilis , Credendi scil in Unum Deum , &c. saith Tertullian ; The Rule of faith is altogether One , and immovable and unalterable . This law of faith remaining , other things may be inlarged according as the grace of God multiplies upon us . But for the faith it self here consign'd and summ'd up , the Epistle of Celestine to Nestorius is very affirmative and clear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The faith or Creed delivered by the Apostles requires neither addition nor defalcation . Neque enim ulla extitit haeresis quae non hoc Symbolo damnari potuit , There was never any heresie but this Creed was sufficient for its condemnation , said the Catechism of the Archbishop of Triers . This faith passing into all the world was preserved with great sacredness and great simplicity , 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 Jerusalem and Rome , 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 instrument of Confession , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a form of doctrine by way of art and method , they put in all that they directed 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 . Ergo & cunctis credentibus quae continentur in praefato symbolo salus animarum & vita perpetua bonis actibus praeparatur , said the Author of the Epistle to S. James attributed to S. 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 . And therefore this summary of faith was called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Regula fidei , depositum , breve Evangelium , The form or exemplar of doctrine , the Canon , a description of sound words , the proportion or measure of Faith , the milky way , or 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 . 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 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 , saith S. Cyril ; and therefore he calls this Creed , Traditionem Sanctae & Apostolicae fidei , The Tradition of the Holy and Apostolick Faith. Cordis signaculum , & nostrae militiae Sacramentum , so S. Ambrose calls it , The seal of our heart , and the Sacrament of our Warfare . S. Hierome yet more fully , 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 concluditur ; The whole Sacrament of the Christian doctrine is concluded with the resurrection of the flesh to eternal life . Norma futurae praedicationis ; so Ruffinus calls it ; the rule of future preachings appointed by the Apostles ; & hanc credentibus esse regulam dandam statuunt , they appoint this to be given as a Rule to all believers : and again , This Creed was the token by which he should be known who did preach Christ truly according to the Rules of the Apostles ; the indication of their Faith and Unanimity . Comprehensio fidei nostrae atque perfectio , so S. Austin calls it . Virtus est Sacramenti , illuminatio animae , 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 . It is tessera & signaculum quo inter Fideles perfidosque secernitur , said Maximus Taurinensis . Basis quaedam , & fundamentum immotum & inconcussum per universum orbem jactum : So S. Cyril of Alexandria . It is a badge and cognisance to distinguish the faithful from the perfidious ; an immovable foundation laid for all the world ; a Divine or Celestial armour , that all the opinions of Hereticks may be cut off with this sword alone ; So S. Leo Bishop of Rome . I could adde very many more to this purpose ; who please to require more , may see enough in Lucifer Calaritanus l. 2. ad Constantium , Paulinus Bishop of Nola ep . 1. ad Afrum , S. Austin his Book de Symbolo ad Catechumenos l. 1. c. 1. in Ruffinus his excellent exposition of the Creed , Eucherius Bishop of Lions in his first Homily upon the Creed , Petrus Chrysologus in his 62 Homily , Isidor of Sivil l. 6. originum c. 9. and in his Offices Ecclesiastical l. 1. c. 26. de Dominica palmarum , Rabanus Maurus l. 2. de instit . Clericorum cap. 56. the oration of Bernard Zane in the first Session of the Council of Lateran , in the discourse of the Greeks at the Council of Florence , Sess. 10. Cassianus de incarnatione Domini , Eusebius Gallieanus in his Homilies on the Creed published by Gaigneus Chancellor of Paris , in Venantius Fortunatus his explication of it ; and he may if he please adde the two Homilies which S. Chrysostome made upon the Creed , and the great Catechetical oration of S. Gregory Nyssen . Now to what purpose is all this ? 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 . It is true , 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 Nice , the other at Constantinople ; one against Arius , the other against Macedonius ; 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 example was made use of to explicate the same Creed , till by explicating the old they have inserted new Articles . But all the while , it is consented to on all hands , that this onely faith is sufficient . What can certainly follow from these infallible Articles is as certainly 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 Christian faith , by which simplicity both the learned and the ignorant are the more safe . Turbam non intelligendi vivacitas , sed credendi simplicitas tutissimam facit : 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 . For all the rest , it is abundant to all excellent purposes . It can instruct the wise , and furnish the Guides of Souls with treasures of knowledge , 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 revelation : 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 . 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 ; and by accidents and circumstances 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 hearing 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 obedience more may be necessary ; but not upon the account of faith . So that 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 because 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 , idleness , 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 contradicting 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 Apostolical 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 hazard his salvation . Salus Ecclesiae non vertitur in istis . In simplicitate fides est , in fide justitia : nec Deus nos ad beatam vitam per difficiles quaestiones vocat : in expedito & facili nobis est aeternitas , said S. 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 . For I consider , 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 ? But it is infinitely necessary that for the matter of faith , 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 Christian 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 authority 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 another ; 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. But the Church of Rome pretends to a power of appointing new Articles of Faith ; and for denying this , Pope Leo the 10th condemn'd Luther in his Bull added to the last Council in Lateran . For ad solam authoritatem summi Pontificis pertinet nova editio Symboli , A new edition of the Creed belongs to the sole authority of the Pope of Rome . So Aquinas : and Almain most expresly , The Popes of Rome by defining many things which before lay hid , Symbolum fidei augere consuevisse , are wont to enlarge the Creed . For Doctrina fidei admittit additionem in essentialibus , saith Salmeron , The doctrine of faith admits addition even in essential things . 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 Gentilli in France ; and twelve Articles to the Creed in the Council of Trent , with the preface and postscript of the Athanasian Creed , damning all that doe not equally believe the Creed of Trent as the Creed of the Apostles . What effect and impress the declaration of any article by the Church 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 , whether any thing can be of Divine faith in one age that was not so in the age of the Apostles : 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 commanded 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 . For we see that all the world is not able to tell us how much is necessary , 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 illumination , and every one brought a new word and a new doctrine ; and the Apostles 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 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 . But then that after all this any one should obtrude new propositions , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which S. Paul said he had no power to doe , to have dominion or lordship over the faith , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to lord it over Gods heritage , which S. Peter 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 Justinian which are in the Code , part of the Imperial law by which almost all the world was long governed : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , This right and irreprehensible faith ( speaking of the Apostolick Creed , part of which he there recites ) which the Holy Catholick and Apostolical Church of God does preach , can by no means receive any innovation or change . I conclude therefore this Question ; 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 Sixtus Senensis says , Omnes Orthodoxi Patres affirmant Symbolum ab ipsis Apostolis conditum , that all the Orthodox Fathers affirm the Creed to be made by the Apostles , 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 Tertullian said well , Haec Regula à Christo , ut probabitur , instituta nullas habet apud nos quaestiones nisi quas haereses inferunt , & quae haereticos faciunt ; 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. Gregory Nazianzen , Tu quid salute majus quaeris ? gloriam nempe quae illic est & splendorem : mihi vero maximum est ut salver , & futura effugiam tormenta . Tu per viam incedis minimè tritam & incessu difficilem : ego verò per regiam , & quae multos salvavit , What dost thou seek greater then salvation ? ( meaning by nice inquiries and disputes of articles beyond the simple and plain faith of the Apostles Creed ) 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 . 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 . THis Rule I received from S. Irenaeus ; and they are his words as near as I could translate them . In lege Christi non est ullum praeceptum veteri tantum legi inserviens , nisi ad horam & minus principaliter . 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 mysteries , their washings he made our Baptisme , their Paschal supper he converted 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 precept ; for he knew his Father would send his Holy Spirit to be an infallible interpreter ; and when the types of Moses pass'd into the substance of Christ , then the typical words also would be expounded in the senses of Evangelical duties . For indeed it is not reasonable to suppose that our Bl. Saviour , who came to fulfil the Law in his own person , and to abolish it in his Disciples , to change the customes of Moses , and to be an eternal law-giver in the instances of moral and essential natural rectitudes , would give a new Commandement to confirm an old precept which himself intended to extinguish . 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 , although express'd in the words of the Law , yet wholly relative to the duty & signification of the Gospel . For that which S. Hilary said of all the words of Scripture , is particularly true in the sense now deliver'd of the Sermons of Christ : Sermo enim divinus secundum intelligentiae nostrae consuetudinem naturamque se temperat , communibus rerum vocabulis ad significationem doctrinae suae & institutionis aptatis . Nobis n. non sibi loquitur : atque ideo nostris utitur in loquendo . 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 . Thus when our Bl. Saviour delivers the precept of Charity and forgiveness he uses this expression , 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 . If Christ had said , When thou comest to the Lords supper and hast any thing against thy Brother , &c. he had not been understood : but because we know this is an Eternal precept , part of a moral & eternal excellency , 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 instructed 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 celebrate the memorial of his Eternal sacrifice . So when our Bl. Saviour told the Parable of Dives and Lazarus , 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 , They have Moses and the Prophets , let them hear them . This was all which could be said to them whose Scriptures were compleated in the writings of Moses 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 Scriptures , neither will they be converted though one arise from the dead , and appear to them in the terrible dresses of affrightment . When Christ whipp'd the buyers and sellers out of the Temple , and urg'd the words of the Prophet , My Fathers house shall be called the house of prayer to all Nations ; but ye have made it a den of theeves : 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 standing and us'd for prayer and Divine service , ad horam , as S. Irenaeus his expression is ; even for an hour , 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 . RULE XVI . The Lawes of Jesus Christ are to be interpreted to the sense of a present obedience according to their subject matter . THat which is true to day will be true to morrow ; 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 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 * . ) Naturaliter lex nostra est lex pietatis , justitiae , fidei , simplicitatis , charitatis , optimeque instituta , said Cardan : and again , Christiani Jovem junctam habent cum Sole , illiusque diem colunt Dominicum : Sol a. significat justitiam & veritatem ; Christiana autem lex plus continet veritatis , & simpliciores reddit homines . 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 permitted 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 baptisme 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 believes 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 Nature and by the first and universal lawes of God to mankind we are obliged , 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 fallaciously 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 in holiness and righteousness all the daies of our life , and so we are by the Christian law ; as appears in the song of Zechary 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 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 . The effects of this consideration are these . 1. All the negative precepts of Christs law are obligatory in all persons , and all periods , and all instances . Nunquam licuit , nunquam licebit ; it was and is and ever will be Unlawful to doe any action which God forbids to be done : and therefore 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 . 2. This is also true in the positive Commandements of Christ , 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 alwaies 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 that never fails , if this does not , and therefore are alwayes possible unless we will not ; but they are alwayes necessary , whether we will or no. 3. The external actions of duty are determinable from without , 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 obedience and by love , or by the voice and hand . For to pray continually ] which is the precept of our Bl. Saviour , is obligatory in the very letter , in proportion 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 determinable by something from without , receives it's limit [ according to the subject matter ] that is , when we are commanded , and when we have need , and when we can , and in the proper season of it . This Rule is also otherwise explicated by distinguishing the affirmative precepts of Christ , 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 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 . But this is otherwise in the universal and diffusive , 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 obligatory 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 indeed 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 obedience , 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 . Upon the accounts of this Rule it is very opportune , 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 consequently 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 . Question . At what time precisely is every sinner bound to repent of his sins , so that if he does not repent at that time , he commits a new sin ? To this Question of At what time ] the Church of Rome answers , At what time soever ] For Repentance is as the precept of Baptism and Prayers . Neither this day nor to morrow precisely is it necessary to be baptized , 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 proclamation . Adde to this , that since repentance ( besides that it is an affirmative Commandement ) is also a punitive duty , it is generally agreed upon Neminem in conscientia donec condemnetur ad poenam exolvendam teneri , 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 humiliation comes , when there is danger that if it be not now done , it will 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 propositions . Scotus and his Scholars say a man is bound to repent upon Holidays , as upon Christmass , Whitsontide , or at Easter to be sure . But Sotus and Medina very confidently reprove this proposition as too severe , for this reason ; Because the Church having appointed many Holidays , yet when she explicates the doctrine of Repentance , she did suppose it to be sufficient 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 , 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 , saith Reginaldus . For the Church ( saith he ) commanded onely the means to this interiour 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 . By the way , it is observable that Scotus 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 . Medina and the looser part deny the Church to have determin'd this affirmative and indefinite Commandement of Repentance 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 [ Vera , atque adeo , ut expressit Navarrus in Enchir. cap. 1. n. 31. omnium communis sententia est , tempus in quo peccator conteri tenetur ( intellige per se , seu vi specialis praecepti de contritione à Deo dati ) esse imminentem articulum mortis naturalis , vel violentae ] So Reginaldus . The true and common opinion of all men is , that the time in which a sinner is bound to have contrition for his sins ( meaning in respect of any Divine Commandement ) is the article of imminent death , whether natural or violent . And in the mean time [ There is no precept commanding that a sinner should not persevere in enmity against God : there is no negative precept forbidding such a perseverance . Nay worse , if worse be possible , [ even to resolve to deferre our repentance [ velle poenitentiam differre , nolléque nisi ad aliquod tempus poenitere ] and to refuse to repent till such a day , is but a very little sin ( saith Sotus ; ) it is none at all ( saith Medina ) it is neither an act of impenitence , nor at all unlawful . These are sad stories to be told and maintained by Christian families , 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 equivalent to desperation . But before I reprove these horrid doctrines , which so intirely and without 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 tolerable 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 forward : 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 Easter , and consequently to repent by way of preparation 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 requires no more but a periodical and a ritual repentance , the repentance of a Christian will be like the Persian feast , which they call'd vitiorum interitum , the destruction of impiety ; 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 ritual 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 acknowledged 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 consider 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 . The other thing which I was to say is this , that this doctrine of the Roman Schools , which is the common sentence of them all , cannot be directly confuted , unless we fall upon this proposition [ that a man is positively and directly bound to repent of his sin as soon as ever he hath committed it . ] For if there be not something in the nature of sin that must not be retain'd at all ; 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 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 exposes 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 wisdome of our age , the activity of our health , the imployment of our faculties , 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 accidental repentance , a repentance that comes by chance , and is certain in nothing 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 . 1. I remember an odde argument used by Reginaldus * to prove that a man is not bound to be contrite for his sins as soon as he remembers them ; because ( says he ) 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 sorrowful 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 repent , 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 : so he . But this consideration turn'd with the right end forwards is an excellent argument to enforce the duty which I am now pressing 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 repent on that day he calls to doe it ? Doe the Prophets and Preachers of 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 purpose 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 deferres 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 staying away is as much a sin as his going away , that is , his not repenting is a new sin . And if by way of Objection it be inquir'd , 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 instead of a temptation . But the answer is this ; 1. That the sin of not repenting 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 . 2. He that remembers he hath committed a sin , either remembers it with joy or with displeasure . If with displeasure , it is an act of repentance ; 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 upon 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 injur'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 presently ; and for the satisfaction and amends for the wrong besides , God may longer expect , even till the day of its proper period . 3. Does not God every day send something of his grace upon us ? Does he not always knock at the door of our hearts , as long as the day of salvation lasts ? Does not he send his Spirit to invite , his arguments to perswade , 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 remembers his sin , and knows it is an offence against God , and yet does not repent at that thought and that knowledge , does not he resist the Holy Spirit of God , so moving , so acting , so insinuating ? Is not every good Sermon a part of the grace of God ? Qui monet , quasi adjuvat , says the Comedy , he that counsels you , helps you : 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 ? Peccatorem tanto sequitur districtior sententia quantò peccanti ei magna est patientia prorogata : & Divina severitas eò iniquum acriùs punit , quò diutiùs pertulit , saith S. Gregory . 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 contempt of God , if this be not ; that when God by his preventing , his exciting , his encouraging , his assisting grace invites us to repentance , we nevertheless 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 capable of reproof or confutation . Because I have called and ye refused , I have stretched out my hand and no man regarded : 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 . Is not therefore every call to be regarded ? 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 & 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. Paul , Despisest thou the riches of his goodness and forbearance and long-suffering , not knowing that the goodness of God leadeth thee to repentance ? That is , every action of Gods loving-kindness and forbearance of thee is an argument for , and an exhortation to repentance ; and the not making use of it is called by the Apostle , a despising of his goodness ; and the not repenting is on every day of delay a treasuring up of wrath : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Men waxe old and grow gray in their iniquity , 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 affairs 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 Aarons bells ringing in his ears , a man that knows the danger of a sinner if he dies without pardon , that the wrath of God cannot 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 repentance , but unalterably resolve to venture for it , and for the acceptance 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 , because without all peradventure in that case it can never be perfected . But the evil of this will further appear in the next argument . 4. He that does not repent presently , 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 signify it publickly , and yet condemn such persons of imprudence onely but not of sin . The words of Reginaldus , and according to the sense of Navarre , are these , Ad quod tamen tempus poenitentiam differre esse salutem animae in magnum discrimen adducere patet per illud quod ex D. Augustino refertur in cap siquis : & cap. finali de poeniten . dist . 7. 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 praevenientes illos excitat ac movet ad resipiscentiam , agendamque poenitentiam , conterendumve 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. Austin ; 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 . 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 interpretation of his Commandement , that we should repent presently . For when the question is concerning the sense and limit of an indefinite Commandement , 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 . If it be objected that these actions of the Divine grace are not sufficient to declare it to be a sin not to doe it , 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 acknowledg'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 intends 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 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 . But to return to the first purpose of this argument . 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 remembers 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 interpretation . And if we consider but the sad circumstances of those persons who wax old in carelesness and contempt of duty , how dead their Spirit is , how every day they grow more unwilling to repent , how habitual their perswasions 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 harmless 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 sickness . The Man it may be does so no more ; but feeling his sickness tolerable , 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 carries 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 Physick is an increasing of the disease . For every sin is Ulcus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is an Ulcer and drawes 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 actions are the worse , their zeal colder , their care more indifferent , their religion less , their fears are trifling , their love starke and cold , their confessions formal and imperfect , every thing amiss , nothing right : but no repentance can be that which God intends , unless it begins betimes . Vidi ego quod fuerat primò sanabile vulnus Dilatum longae damna tulisse morae . 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 . 5. Let us consider upon what account any man can defer his repentance and yet be innocent . 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. Ambrose his question was a good caution and a severe reproof . Quid enim est quod differas ? an ut plura peccata committas ? Why doe you defer your repentance ? is it because you would commit more sins ? That 's most likely . Sed quia delectat Veneris decerpere fructus , Dicimus assiduè , Cras quoque fiet idem . Interea tacitae serpunt in viscera flammae , Et mala radices altiùs arbor agit . 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 repentance farther off ? Quid juvat in longum causas producere morbi ? Cur dubium expectat cras hodierna salus ? 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 gulttony , 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 delay is a Not-repenting till that delay be gone . 6. The Scripture does every where call upon us for a speedy repentance . For God that commands us to pray every day , consequently commands us to repent every day . This argument ought to prevail even upon the adversaries account : For Navarre confesses , 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 . 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 repentance . Thus when the Church obliges a Priest to consecrate and to communicate , 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 obliges us to doe that without which we cannot pray as God intends we should ▪ that is , to throw away all our affection to sin , to repent of it and to forsake it . For the prayer of a wicked man is an abomination to the Lord , said Solomon ; and we know that God heareth not sinners , said he in the Gospel , that is , those who having sinn'd have not yet repented , — Infelix infelicior ut sit , being unhappy in their hasty sin , but more unhappy in their slow repentance : but it is the prayer of the repenting man which God will hear ; & 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 : Panem nostrum da nobis hodie , Give us this day our proportion of bread ; and therefore also this day give us pardon ; for we must return to day : Hodie for bread , and hodie for forgiveness and amendment . So the Psalmist , and so the Apostle in his words , To day hear his voice and harden not your hearts ; not onely expressly commanding 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 appendages 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 present . But it is remarkable , that though [ Hodie , to day ] signifies the present time , yet the repentance which began yesterday , which took an earlier hodie , is better then that which begins to day : but that which staies till to morrow is the worst of all . Ille sapit quisquis , Posthume , vixit Heri . For Heri and Hodie , yesterday and to day , signifies Eternity : so it is said of Christ , Yesterday and to day , the same for ever . But Hodie and Cras , to day and to morrow , signifies but a little while . To day and to morrow I work , said Christ , that is , I work a little while ; and the third day , that is , very shortly or quickly , I shall make an end . That repentance is likely to prevail to a happy eternity which was yesterday and to day , but if it be deferred till tomorrow , it begins late and will not last so long . * To this purpose excellent are those words of Ben-Sirach , 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 . Meaning that every day of thy life may be the day of thy death , therefore take heed , and defer not untill death to be justified , for God oftentimes smites sinners in their confidence ; 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 Easter ? 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 possibilities of his dying suddenly , nor the probabilities that his life will end very quickly . This question therefore may be determin'd without the intrigues 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 requir'd of him in this article , but the consequence of that confession . Nemo Deo credens non se sub verbis ejus corrigit nisi qui diu se putat esse victurum , saith S. Austin , Whosoever believes in God will presently amend his life at the command of God , unless he thinks he shall live long . 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 delayed ? 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 Theramenes came out from his friends house the roof and walls immediately fell down . The Athenians 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 deliverance from the ruine . But he wisely answer'd , Nescitis , viri , ad quae tempora & pericula Jupiter me servare voluerit , Ye know not , O Athenians , to what evils I am reserved . He said true , for he that had escap'd the fall of a house in Athens , was in a little while condemn'd by the Ephori of Sparta to drink the cold and deadly hemlock ; he pass'd but from one opportunity of death unto another . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 , Mors latet in mediis abdita visceribus , 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 uncharitableness , and a contempt of all the Divine revelations concerning heaven and hell . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of all things in the world doe not trust to time . — Obrepit non intellecta senectus ; Nec revocare potes qui periere dies . 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 approaching death , must needs be a very great sinner upon that account , because he does not love himself , and therefore loves no body , but abides without charity . But our Bl. Saviour hath drawn this Caution into a direct precept , Agree with thine adversary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quickly : The hope of Eternity which now is in thy hand may else be lost for ever , and drop through thy fingers before to morrow morning . Quanto miser in periculo versaberis , quamque inopinati rerum casus te abripient ! Miserable man , thou art in extreme danger , and unlook'd for accidents may end thy talkings of repentance and make it impossible for ever . A man is subject to infinite numbers of chances ; and therefore that we may not rely upon the future or make delayes , let us make use of this argument , Whatsoever comes by chance , comes upon the sudden . But because this discourse is upon the grounds of Scripture , it is of great force what was by the Spirit of God threatned to the Angel of the Church of Ephesus ; Repent , for I will come unto thee quickly , and remove the Candlestick out of its place unless thou doest repent : 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 charity 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 repentance 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 election , 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. Austin call'd [ the sin against the Holy Ghost ] that is , final impenitence . 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 . 7. When we see a man doe amiss we reprove him presently , 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 conviction that every man is oblig'd in his own particular to doe so . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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. Austin 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 conclusion to his sin , but to understand the precept of repentance to oblige in the very present and at no time else . Differens dicebam modò , ecce modò , sine paululúm : sed modò & modò non habebat modum . He would anon , and he would next week , and he would against the next Communion ; but there was no end of this : and when he saw it , sub fico stravi me flens , quamdiu , quamdiu cras , & cras ? quare non modó ? quare non hâc horâ finis turpitudinis meae ? I wept and said , how long shall I say To morrow ? 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 To day , but nothing that can determine us To morrow . If it be not necessary 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 argument in the words of the Latine Anthology , Converti ad rectos mores & vivere sanctè In Christo meditans , quod cupit acceleret . He that would live well and be Christs servant , must make haste , and instantly act what he knows he ought always to purpose , and more . To which purpose S. Eucherius gives this advice , which at first will seem strange , Propound to your self the example of the thief upon the Cross : Doe as he did . Yes , we are too ready to doe so , that is , to deferre our repentance 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. Eucherius thus resolves the riddle , Ad consequendum fidem non fuit extrema illa hora , sed prima . 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 repented of his sins without hypocrisy : and if we doe so too , this question is at an end , and our repentance shall never be reproved . 8. He that hath sinn'd , and remembers that he hath sinn'd , 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-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 excommunicate from Heaven ? All this is beside the sin which he committed ; all this is the evil of his not repenting presently . Can a man consider 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 Xylander saw a company of Thieves robbing his Fathers 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 . Sic sunt qui rident , nec cessant ludere , saevus Cum Satanas illis non peritura rapit . 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 minutes 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 . 9. If there were nothing else , but that so long as his sin is unrepented 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 without love ! 10. The advice of S. Paul in the instance of anger hath something in it very pertinent to this article , Let not the Sun goe down upon your wrath ; 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. Pauls 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 . 11. The words of S. Austin which he intended for exhortation , are also argumentative in this question , Hodiernum habes in quo corrigaris , 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 Samuel to repent in the days of Moses ; that was long before him , and therefore was not his time : Neither did he command that Manasses should repent in the days of the Asmonaei ; 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 whatsoever , unless there be something in the nature of the action that is determinable 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 absolute , irrespective nature , of universal influence , and of absolute necessity : and God could no more intend to morrow to be the proper season of repentance , 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 present ; 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 present , it is also the time of your repentance . By which it is infallibly certain , 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 Alcimus Avitus ; Dum patulam Christi cunctis clementia sese Praebet , praeteritae plangamus crimina vitae , Poeniteatque olim negligenter temporis acti , Dum licet , & sano ingenióque animóque valemus . 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 neglecting 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 . Question II. As an appendage to this great Case of Conscience , 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 . I answer , that he is ; but to several purposes , and in differing measures 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 ; & 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 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 . 1. When ever we have sinn'd , 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 unlimited 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 uncertain , we pray and cannot see what will be the event of things . Sometimes 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 . 2. Besides all this , 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 interrupted , 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 displeasure , 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 indifference ; a sigh at least , or a tear will well become every thought ; a prayer for pardon , or an act of indignation against them ; a Domine miserere , or a Me miserum peccatorem ! Have mercy upon me , ô God , or , Miserable man that I am ! 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 ; seeking 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 confirmation in grace . But then as to the main issue of the Question ; It is not intended that a man should every time weep when he thinks of his sins ; 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 mortification of our desires , every observation and caution against danger , all actions of a holy fear , 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 . So that by this discourse we have obtain'd all the significations of Hodie to day , 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 Hodie , to day , we must begin now and continue to doe the same work all our daies . Our repentance must begin this day 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 Hodie , it is to day , so soon and so long we must repent . This is as certain in Divinity as a demonstration in the Mathematicks . The summe is this ; 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 instrumental 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 . To conclude this inquiry , we must pray often , but we must repent alwaies : and it is in these affirmative precepts as it is in the matter of life and eating ; 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 . RULE XVII . Because the Lawes of Jesus Christ were delivered in Sermons to a single person , or a definite number 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 . THis Rule I learn from S. Austin , Erit igitur hoc in observationibus intelligendarum Scripturarum , 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 infirmitatem medicina pertineat . 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 certain , but how this distinction is to be made is very uncertain , and no measures 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 , quid ad me ? I am not concerned here ; and the Conscience shall be unguided 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 multiply to no purposes but those of danger and restless scruple . The best measures that I know are these ; 1. There are some precepts which are by all men confessed to be General , 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 Abraham 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 Canaan , 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 Commandements given to persons are individuated as the persons themselves are , by time and place and circumstances , and a singular nature , a particular 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 notorious . Others also are as certainly and confessedly general ; such as were the ten Commandements to the Children of Israel ; 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 . 2. For whatsoever related wholly to a person , or was determin'd by a circumstance , or was the relative of time , that passes no obligation beyond 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 conscience . Thus the command which Christ gave that his Brethren should follow him into Galilee 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 . 3. Whatsoever precept was given to many , 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 ; & 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 temporary 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 Commandements 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 . 4. 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 Moses 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 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 Commandement 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. Paul 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 , viz. 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 , & from other collateral notices , we come to understand that in the heap of moral and Eternal precepts , a temporary , transient and relative did lie : and the reason why there was no difference made , or distinctive 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 sufficient 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 [ freely ye have received , freely give ] 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 Simon Magus , 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 Simoniacal entercourses . If there be nothing in the sanction of the Commandements 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 . 5. When any thing is spoken by Christ to a single person , or a definite number of persons , which concerns a moral duty , or a perpetual rite of universal 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 , 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 beyond 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 * . 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 . 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 concerning 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 personally , yet it is of universal obligation . Thus we understand all Christians 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 precept of [ Doe this , & Drink this ] 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 Christians , and it was ever so understood , and practic'd accordingly : all are equally concerned in the death of Christ , and therefore in the commemoration 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 Ecclesiasticks , others common to the whole Church . I have already given account of the unreasonableness of the pretension in this Chapter * . 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 difference 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 Commandements , under several representations . If the Apostles were onely representatives of the Ecclesiastical state when Christ said , [ Drink ye all of this ] then so they were when Christ said , [ This doe in remembrance of me : ] 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 univocal , and simple , and proper , and if there be any difference , it must be discovered by some clear light from without : for there is nothing within of difference , and yet without we have nothing but a bold affirmative . 6. When the universal Church does suppose her self bound by any preceptive words , 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 , viz. that such a multitude is the most competent interpreter of the difficulties in every Commandement ; 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 practice 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 interest 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 charity that invites her , or great prudence and caution for security that determines her , and therefore she is certainly to be followed . Upon this account we are determined in the foregoing instance : and because the Primitive Catholick Church did suppose her self bound by the words of institution of the Chalice in the Blessed Sacrament , therefore we can safely conclude the Apostles to be representatives of the whole Church . Ad bibendum omnes exhortantur qui volunt habere vitam , saith S. Austin , All are called upon to drink of the Chalice , if they mean to have life eternal . For indignum dicit esse Domino qui aliter mysterium celebrat quam ab eo traditum est , saith S. Ambrose ; as Christ delivered it to the Apostles , so it must be observed by all : and therefore Durandus affirms that 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 . For the Apostles were representatives , not of the Clergy consecrating ( for they then did not consecrate but communicate ) but of all that should be present . Nam quae Domini sunt non sunt hujus servi , non alterius , sed omnibus communia , saith S. Chrysostome , 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. Paul said of the Gentiles , that they having not the law become a law unto themselves ; and our conscience is sometimes by meer opinion a strict and a severe 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 . 7. When a precept is addressed to particular persons , 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 particular persons are representatives of the Church . S. Austin extends this Rule beyond precepts , even to priviledges and favours ; Quaedam dicuntur quae ad Apostolum Petrum propriè pertinere videantur , nec tamen habent illustrem intellectum nisi cum referuntur ad Ecclesiam , cujus ille agnoscitur in figura gestasse personam , propter primatum quem in discipulis habuit . Some things are spoken which seem to relate particularly to the Apostle Peter , 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 upon 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 obligation . 8. When any Commandement is personally addressed , and yet is inforced with the threatning of death eternal , that Commandement is of universal 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 Massacre , and the ruine of the Tower of Siloam , 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 . Except ye repent , ye shall all likewise perish ] does mean that all the world should repent for the avoiding of the final and severest ●●dgements of God. But this Rule is to be understood onely in Commandements that are not relative to the differing states of men , but are of an absolute and indefinite 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. Paul said , There is a necessity laid upon me , and woe is unto me , if I doe not preach the Gospel , he was a representative of the whole order of the Cura●es of Souls . But when he said , I press forward to the mark of the price of the high calling , and if by any means I may comprehend , here he spake of his own person what is the duty incumbent upon all Christians , and he was a representative of the whole Church . 9. When any good action is personally recommended upon the proposition of reward , 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 , Goe and sell what thou hast , and give to the poor , and thou shalt have treasure in heaven ; 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 . RULE XVIII . Evangelical Lawes given to one concerning the duty of another doe in that very relation concern them both ; but in differing degrees . 1. THis Rule I learn from S. Paul , and it is of good use in cases of Conscience relating to some Evangelical lawes . [ Obey them that have the rule over you , 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 . ] 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 superior , because he must to his supreme ; and if the people will not , they are not onely unchast or intemperate 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 * 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 for them . 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 children ; 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 parents 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 afterwards 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. Paul wrote to Timothy 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 be civilly dead , that is , whether divorc'd , or banished , or otherwise in separation . 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 Gentilisme , 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 il mandato volante , 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 innocent 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 ingredient on his part , he must take care of that himself . He may be chosen , but he must not ambire , 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 Novice : and yet S. Timothy 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 . But this is to be limited in two particulars . 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 concerned ; but the Clerk may suffer himself to be chosen , the law notwithstanding . 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 : because 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 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 ; he is a Wolfe to the Revenue and a Butcher to the Flock . 2. Though in matters of decency and ornament the person to be chosen is not so obliged but that he may suffer himself to be chosen if he be otherwise capable , 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 married 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 . But if he be thrust back to that door , 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 subjection , may not ( by the Apostles rule ) be chosen ; but when he is a Bishop , 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 . But then as to the rule it self , 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 obedient . For in relative duties every man must bear his own burden , and observe his own share of the Commandement . RULE XIX . Custome is no sufficient interpreter of the Lawes of Jesus Christ. TRuth and the Divine Commandements need no prescription , 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 Tertullians . 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 ; & ita adversus veritatem vindicatur . Sed Dominus noster Christus Veritatem se , non Consuetudinem , cognominavit . Quodcunque adversus veritatem sapit hoc erit haresis , etiam vetus consuetudo . No man can prescribe to truth , that is , to any proposition or Commandement Evangelical . 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 continuance . 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 . 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 , that we should in all things give thanks : 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. Basil. Visum est patribus nostris beneficium vespertini luminis non silentio suscipere , sed statim ut apparuit gratias agere , They said grace for their light as well as for their meat . This Custome was good ; for it was but the particular instance of a general duty . But then Custome is to be allowed but as one Topick , n●● 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 propositions are severally affirm'd by the Fathers of the Church . The first by S. Austin in his Epistle to Casulanus , In his rebus de quibus nihil certi statuit Divina Scriptura , nobis populi Dei & olim justi , statuta Majorum pro lege tenenda sunt : & sicut praevaricatores legum Divinarum , it a contemptores consuetudinum Ecclesiasticarum coercendi sunt . 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 Customes 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 interpreter , because there is no better , and no clearer light shining from any Angle . Custome can thus in cases of destitution of other Topics declare the meaning of a law ; 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 Conscience 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 arguments deriv'd from thence . And that is the other thing which I also said is taught us by the Fathers of the Church . So S. 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 Spiritual persons , if any thing better then Custome be revealed by the Spirit of God. All good Customes are good warranties and encouragements ; but whether 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 indication of the Commandement ; from whence it self is mark'd for good , or else is to be rejected as reprobate and good for nothing . Consuetudo authoritati cedat : pravum usum lex & ratio vincat : cum verò nec sacris canonibus nec humanis legibus consuetudo obviare monstratur , inconcussa servanda est , said 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 . When Custome is consonant to some other instrument of probation , 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 . Cedrenus tells that the Patriarch Abraham was wont to say that there is great difference between truth and custome ; that being very hard to be found , this , 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 . Of what obligation in matters of practice , and of what perswasion in the inquiries of truth Ecclesiastical Customes are to be esteem'd , I shall afterwards 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. 1. Because evil is crept into most of the manners of men ; and then a custome is most likely to transmit her authority to that which ought to be destroyed . Inter causas malorum nostrorum , quod vivimus ad exempla , nec ratione componimur , sed consuetudine abducimur . Quod si pauci facerent , nolumus imitari : quum plures facere coeperunt , quasi honestius sit quia frequentius , sequimur , & recti apud nos locum tenet error , ubi publicus factus est . So Seneca complain'd . 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 . Excellent therefore was that saying of Pope Nicolas the first , Parvus numerus 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 . 2. Custome in moral practices becomes law to men by pressing upon their modesty , and by outfacing truth and piety ; so that unless the custome have warranty from the law , it hath the same effect against a law as 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 obligatory at no time but in the danger , or in the article of death : but certainly it is but an ill gloss that evacuates all the holy purposes of the Commandement ; 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 . Poggius tells of a Neapolitan Shepherd , that against Easter going to Confession , he told his Confessor with a tender conscience and great sorrow of heart that he had broken the holy Fast of Lent , by chance indeed , but yet with some little pleasure ; 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 Naples , 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 forbidden 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 . — dedit haec contagio labem , Et dabit in plures : sicut grex totus in agris Unius scabie cadit , & porrigine porci , Uváque conspecta livorem ducit ab uva . Evil manners begin from one evil man , 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. Cyprian is a good compendium of this enquiry . Consuetudo quae apud quosdam irrepserat , impedire non debet quo minus veritas praevaleat & vineat ; nam consuetudo sine veritate vetustas erroris est : propter quod relicto errore sequamur veritatem ; scientes quod veritas vincit , veritas valet & invalescit in aeternum , & vivit & obtinet in secula seculorum . 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 . Question . Upon occasion of this argument it is seasonable , 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. Answer . 12. To this , some of eminence in the Church of Rome answer affirmatively ; 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 Gregory surnamed Thaumaturgus , who ( as S. Gregory Nyssen 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 , but diverted to the honour of the Saints departed : and Baronius supposes it to be no other then as the Israelites taking 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 Mary he imputes to the same principle , and owns it to be of Heathenish extraction . The same also is in divers other instances avowed by a Polydore Virgil ; by Fauchet b in his Books of the Antiquities of France ; by du Choul , c Blondus d and Bellarmine , e 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 Cardinal Perron f 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 . This pretence therefore is fit to be considered . 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 , but might be made apt for order and decent ministeries external . Such were the garments of the Priests , lights , girdles , fasts , vigils , processions , postures , festivals 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 , finding many of their own customes adopted into Christianity , might with less prejudice attend to the doctrines of that perswasion which so readily complied 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 Paschal rites he consecrated into highest mystery ; retaining apparent footsteps , or rather bodies of their Government and Discipline Ecclesiastical . And this proceeding we find own'd and justified by S. Austin against Faustus the Manichee , and S. Hierome against Vigilantius , and Ephraim Syrus of old ; and of later times by a Alcuinus , b Amalarius , and by c Gratian ; and who please to see it more largely pleaded for may read Mutius Pansa his Osculum Christianae & Ethnicae philosophiae , and Nicolaus Mont-Georgius de Mosaico jure enucleando : and that it may be reasonable from the services of such men from whom we justly abhorre to borrow some usages , is excellently discours'd of by Mr. Hooker in his fourth Book of Ecclesiastical Polity . But however this might fit the necessities and circumstances of the infant ages of the Church , 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 complying with the infirmities of the weak , a pursuance of S. Pauls 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 wilfulness , all compliance and condescension is no longer charity , but gives confidence to their error . For when the reasonable discourses of the Religion will not satisfy the supposed weak brother , he that complies with him confesses his the better way ; and when learned men follow the ignorant to superstition , they will no longer call it compliance and condescension , 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 cases it is ) we have the example of God himself and his Commandement expresly given to the children of Israel , that they should abstain from all communion with the Gentiles their neighbours even in things indifferent ; 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 Tertullian , because the Gentiles us'd in the services of their idols to sit down immediately after they had prayed , 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 Christmas solemnity , being occasioned by the Circumcision of Christ falling on the Calends of January , or New-years day , they were not onely forbidden in the Council of Auxerre , but the Church did particularly appoint private Letanies , processions , and austerities to be used for three days within the twelve of Christmas , ad calcandam Gentilium consuetudinem , 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 Christmas festivity ; as we finde noted by the Fathers of the Synod of Turi . 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 symbolical 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 all things be done to edification . 2. But if the customes and rites be such as are founded upon any point of doctrine , 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 light and darkness , and to joyn Christ with Belial . It had been a material objection which Faustus the Manichee made against the Catholicks , that they did remove the worship from idols , and give it to Saints and Martyrs . S. Austin , who was to answer 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 Christianity . 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 principal ; it gives advantage , but not establishment , ornament , but not foundation to a truth : which thing if it had been better observed by the Christians who from the Schools of Plato , Chrysippus , Aristotle and Epicurus came into the Schools of Christ , or from the Temples of Jupiter and Apollo into the services of the Church , 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 Alexander ab Alexandro 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 attended 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 Eliberis , that wax candles should not be burnt in the day time , lest the spirits of the dead be disturb'd . 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 . 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 . IT matters not whether Christs law have in it more precepts then were in the law of Moses : our work is set before us , and we are not concerned 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 was by the Apostle concerning Charity , This is a new Commandement , and this is an old Commandement ; 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 because that which was an old Commandement is also made a new Commandement , and established upon better promises , 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 . They and we are both of us to pray ; but we are commanded to pray fervently , frequently , continually . 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 repentance ; but we must invite them to repentance , and we must offer pardon . 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 with all their Souls , and with all their strength : and though we cannot doe more then this , yet we can doe more then they did ; for our strengths are more , our understandings are better instructed , our shield is stronger , and our breast-plate broader , and our armour of righteousness is of more proof then theirs was . Dares and Entellus did both contend with all their strength ; but because Entellus had much more then the other , he was the better champion . 1. This Rule does principally concern Christian Churches and Communities of men ; 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 inforc'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 relation 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 purchase of our Redeemer , that in all things Christ may be honour'd by us more then Moses was by them , and that God through Jesus Christ be more glorified then he was in the Levitical government . 2. This also concerns single persons ; 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 , 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 . 3. In matters of duty a Christian is to expound his obligation to the advantage of piety , to security of obedience , to the ease of his Brother , and the pressing upon himself ; that whatever be the event of his temporal 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 . 4. In the interior acts of vertue a Christian is to be more zealous , 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. 5. In the exteriour acts of vertue Christians must according to their proportion be asham'd to be outdone by Jewes , not onely in what they did in obedience , but also in what they in good and prudent zeal for the law of Moses 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 contributions for it's support and ornament , lov'd all of their perswasion , endeavour'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 perswasion , this was Zeal 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 . 6. Where Christians are left to their liberty in those instances in which the Jewes were bound , Christians ought freely to doe as much as they did by constraint and by necessity : for then properly we doe more then they , when we voluntarily chuse what was impos'd on them : it is not more work , but it is more love . Thus the Jewes were bound to pay tiths to the Levites ; 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 propriety . God was pleas'd to make the more ample provision for the tribe of Levi , 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 . 7. Where Jewes and Christians are equally left to their liberty , it is infinitely reasonable & agreeable to the excellency of the Religion , that Christians should exceed the Jewes . Thus we find that at the erecting of the Tabernacle 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 Moses , 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 . 8. In those graces which are proper to the Gospel , 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 . 9. When this comes to be reduc'd to practice in any particular inquiry of Conscience , every Christian is not to measure his actions by proportion to the best , and the rare persons under the Mosaick law , in their best and heroick actions . For who can doe more then David did after he had procured the waters of Bethlehem 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 Saul ? 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 compose and sing hymnes to the honour of God ? In these and such as these David was exemplary ; and so was Moses for meekness , and Job for patience , and Manasses for repentance , and Abraham for faith , and Jacob for simplicity and ingenuity , and Enoch 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 example . And it is well if Christians would doe as well as these rare personages in their several instances . But as some women are wiser then some men ; and yet men are the more understanding Sex , and have the prerogative 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 ) 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 . 10. But then as to single persons ; 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. 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 Moses law , because he hath more aides . 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 . 4. There is no other positive measures of his duty , but that which can have no measure it self , and that is love ; and a Christian must therefore exceed the righteousness of the Subjects of Moses law , because they must doe all their works in faith and love : in faith , to make them accepted , though they be imperfect ; in love , 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 Eternal 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 describe 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. John , 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 . That is , we are for the present children of God by adoption , seal'd with his Spirit , renewed by regeneration , 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 . 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 Christians and their lazy and unholy principles . At the rate as Christians usually doe live , it is hard to know how and in what instances and in what degrees our obedience ought to be more humble and more diligent then that of Moses disciples . But they that love , will doe the thing , and so understand the Rule . Obedite , & intelligetis , Obey , and ye shall understand . 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 deriv'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 . The end of the Second Book . DVCTOR DVBITANTIVM , OR The Rule of Conscience In all her generall measures ; Serving as a great Instrument for the determination of CASES of CONSCIENCE . The Second Volume , By JEREMY TAYLOR , D. D. Romans 13. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ecce agnus Dei gui tollit peccata Mundi LONDON , printed for R Roiston at the Angell in Iuy Iane. 1660. OF HUMANE LAWS , THEIR OBLIGATION , AND RELAXATION : AND OF The collateral , indirect , and accidental Bands of CONSCIENCE . The Third BOOK . LONDON ; Printed by J. Flesher for R. Royston . 1660. CHAP. I. Of Humane Laws in general ; and what Obligation they pass upon the Conscience . RULE I. The Conscience is properly and directly , actively and passively , under pains of sin and punishment , obliged to obey the Laws of men . THAT the Laws of God and Man are the great measures of right & wrong , of good and evil , of that which is to be followed and what is to be avoided in manners of men , and the entercourses of societies , is infinitely certain and universally confess'd . Since therefore 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● , 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 Preachers in the matter of Divine Laws , and more need of wise and prudent Guides in the matter of Humane Laws . For the Laws of God are wiser and plainer , few and lasting , general and natural , perceiv'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 Preachers office is most necessary and most requir'd . But Humane Laws are sometime intricate by weakness , sometimes by design , sometimes by an unavoidable necessity ; they are contingent , and remov'd farre from the experiences of most men ; they are many and particular , 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 . But our first inquiry is , Whether the conscience be oblig'd or no. For if Conscience be not , then nothing is concerned but Prudence , 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 Conscience as well as of Prudence and security to obey the Laws of Man. And this question is so dubious and unresolv'd , that Cajetan and Henricus de Gandavs did suppose it fit to be determin'd by the Pope in Cathedra , as thinking it otherwise to be indeterminable . The reasons of doubting are these ; 1. Because God onely is Lord of Consciences , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the searcher of the heart and mind of man can give laws to it ; for none else can take cognisance , or give a compulsory . 2. The Conscience is seated in the understanding ( as I have already prov'd , ) but that is an imperious faculty that acknowledges no superiour but God ; because he onely being infallible , he onely can instruct and inform 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 understanding 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 . 3. To submit the conscience to any law or power of man , 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 Moses , 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 Moses , 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 rather 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 his servants we are to whom we doe obey ) that we have little reason to boast of Christian liberty in that sense . 3. S. Paul using the word liberty , and speaking of the advantages of Christians in this , instances it onely in being freed from those ordinances of Moses , 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 metaphor 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 Commandement , and that strengthned with a reason , Ye are bought with a price , be ye not the servants of men ; which at least must be understood of Conscience , and the mind of men . 4. For granting it to be lawful for men to make Laws , yet that these Laws cannot bind the conscience it appears plainly in this ; that whatever 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 teach for doctrines the commandements of men . To keep Holidays may be very good , so that we observe them to the Lord ; but he that thinks it necessary 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 fasting is a part of the Divine Service ; that is , though man commands fasting , yet God does not : and then if man of himself does binde the conscience , he hath a power equal to God , and can make Divine Commandements : but if man cannot doe so , then the conscience is free , and not tied by humane Laws . 5. If humane Laws doe binde the conscience , 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 . 6. Christ is the Author and finisher of our faith , 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 . 7. In the instance of civil power and civil Laws the case is more certain , 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 . 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 Easter , as to call our brother fool ; to eat flesh on Friday as great as to commit fornication : which consequent 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 , Christian Religion hath no hand in this Heraldry of Secundum , sub , & supra ; but whatsoever difference of person , of order , and of Government is amongst us , is by agreement : it is , as S. Peter calls it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ordinance of man ; and for mans sake it is to be obeyed : but the conscience is still at liberty where onely the commandement of man does intervene . This opinion is taught by Fernandus Vasquius a Spaniard , and he affirms that all the Gentlemen and common people of Spain ( the Scholars onely excepted ) are of this opinion : it was also taught by some of the Scholars of Calvin , and some Lutherans , by all the Anabaptists of Germany of late ; and that upon the strength of the first , the third and fourth argument ; and formerly by Jacobus Almain , and John Gerson , by Felinus , Cajetan , and Navarre , 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 . First therefore to the main inquiry ; 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 punishment from man , but under pain of the Divine displeasure . 1. Because the power by which men make Laws is the power of God : By me Kings reign , and the Law-givers decree justice , 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 wisdome , Kings reign . For this is the wisdome , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which God possessed from the beginning . The Lxx reads it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , creavit , which God created from the beginning ; 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kanan possedit . This eternal Son of God , and the Wisdome of the Father , the King of Kings and the Lord of lords , is the original of all humane power , and this is nothing but a derivative from him . For power is given you of the Lord , and Soveraignty from the Highest ; and ye are ministers of his Kingdome . And S. Paul expresly and dogmatically affirms , 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. 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 commission and impower any one else to doe . Vindicta mea , saith God , Vengeance is mine , I will repay : and it is Gods sword with which the Magistrate strikes ; and therefore Kings and Potentates are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Gods deputies and ministring officials , in his name to be the avengers of his wrath : and as Christ said to Pilate , Thou couldest have no power unless it were given thee from above , 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 whoever strikes is the party injured ; and the Magistrate being Gods Minister , as he is the less principal in the justice done , so also in the injustice suffered . Dixit Deus quia Dii estis , It is God who hath said to the Magistrates that they are Gods ; that is , in the place of God : by his authority they strike , and he is the injured person : and therefore he who is so smitten by the sword of God , is a sinner against God , for he punishes none else . Patet culpa , ubi non latet poena . If God punishes , it is certain man hath sinn'd , said S. a Austin , and S. b Prosper . The one is the indication of the other . But the thing is expresly affirmed by the Scripture ; for having dogmatically and fully signified that all humane just power is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they being the several expressions of Solomon according to the Lxx , and of S. Paul in his own words , it is not content to leave us to find out the consequence of these , but literally affirms the main articles . So S. Peter , Be ye subject to every ordinance of man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the Lords sake ; which S. Paul speaks yet more explicitely , 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 Masters , or temporal Lords ; so the same Apostle : that is , by the same necessity , 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 prevaricate 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. c Chrysostom and c Theodoret 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. c Ambrose and S. Austin , the fearful pains of hell and eternal damnation attend them that disobey . d And this whole matter is infinitely demonstrated in this one consideration : The Laws of man doe so certainly bind the conscience , that they have a power of limiting and declaring , and making the particulars to become 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 Spain if a wronged husband or father kill the deprehended adulteress , it is no murder ; in England it is . For in Spain 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 e 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 f . 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 . 2. This obligation is pass'd upon the conscience , and there is this necessity of obeying : not onely in case humane Laws be first given by God in thesi , or in hypothesi , 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 constitution . The first conclusion I intended against the Anabaptist , and this second against Gerson , Almain , and the dissenting Sectaries : and of the truth of it we have an instance in the person of S. Paul , who by his Apostolical authority gave an injunction which hath ever since been an Ecclesiastical Canon ; and yet he alone and not the Lord gave the word , That a believing wife or husband should not depart from their unbelieving correlative , if he or she respectively desir'd to stay . It was a matter in which Christ had not at all interpos'd , but S. Paul 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 Olympiad , but what was decreed before the days of Semiramis ; 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 Plato said well , That before the Law is made , men may judge of it , but after the sanction , not at all : 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 purpose Aristotle largely discourses ; for when he had divided the civil Law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the natural and the constituted , he says , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Law that is not natural , but decreed by man , 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. But this whole affair is put beyond all scruple by the words of the Apostle , Obey your Masters , not onely the good and gentle , but the morose and harsh ; that is , not onely if what he commands 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 Superiour . Either therefore all humane Laws are nothing else but commentaries 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 constitution . If therefore any humane constitution , as such , can bind the conscience , 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 . 3. That humane Laws bind the conscience does not depend upon 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 Elizabeth this question was much talk'd of , and little understood ; and some discontented Recusants under the Government of the Church of England 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 Conscience , he should be punish'd like the spreaders of false newes : and the jejunium Cecilianum , the Wednesday fast , 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 conscience 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 officers , 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 . 4. Though Humane lawes doe not bind the Conscience by the intention of the law-giver , 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 ▪ 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 therefore 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 , and Masters , and Princes who knew nothing of that distinction ( if it had been right ) did nevertheless bind their Subjects to obedience 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 purpose binds it with penalties , and consequently and indirectly binds the Conscience : but God binds the Conscience properly and directly ; 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 properly and directly bound to obey the lawes of Men ; not indirectly and by the consequence of some other duty , but by a Commandement and the purposed solemn declaration of his will in this affair . But this I shall more fully explicate in my answer to the opposite arguments . Now because although 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 . 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 . 1. He that breaks a law which is established upon great penalties , commits a great sin . Because it is regularly to be presumed that the supreme power puts much upon it , when he is so earnest for its observation . Rem quae culpâ caret , in damnum vocari non convenit , saith the Law , Cap. 2. de constit . If there be no fault there ought to be no punishment ; they are relatives , and correspond also in their very degree . Quis dubitaverit hoc esse sceleratius commissum quod est gravius vindicatum ? saith S. Austin , If the punishment was more grievous , the wickedness also was the more intolerable : ut juxta mensuram delicti sit & plagarum modus : that 's the measure of punitive justice , that the number of the stripes be according to the measure of the iniquity . 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 knowledg 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 declares 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 & 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 Alfonsus à Castro is very useful here and in some other articles , Humana lex non magis gravat conscientias quam corpora . 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 , Whatsoever ye shall bind on Earth , shall be bound in Heaven ; for there our Blessed Lord constituting a Government in his Church , as already there was in the world , though of another nature , and by compulsories external , and a proper jurisdiction ( 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 indeed 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 Bishops , 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 after the Sanction and for it wholly , it must also be according 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 . 2. If the matter of humane lawes be great in it self , to prevaricate those lawes gives a proportion of greatness to the crime . 1. But this seldome 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 Sacrilege , Simony , keeping of vowes , together with all specifications and humane instances of Divine Commandements , as that Children should not marry without their Parents consent , that marriages should not be co●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 . 3. Though the matter of the lawes be in it self light and trifling , yet if by reason of some present appendages , and visible or probable consequences 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 proportion 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 . 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 Ancient 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 . 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 , de cadaveribus non exenterandis & in frusta concidendis ut ad alia loca transferantur : and it is forbidden under the pain of the greater excommunication , that bodies should be imbalmed , that is , unbowell'd and cut in pieces to be carried to other places of Sepulture remote from where they died . The thing in it self was innocent and warranted by the practice of whole nations , and had countenance from the examples of Jacob and Joseph ; 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 . 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 condemned as an incontinent : and upon this account there was a law made ; and it is recited cap. si qua mulier , dist . 30. where women under pain of anathema are forbidden to appear in a mans habit ; where the gloss addes , scil . ob malum finem , 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 , & the conscience bound accordingly . But this caution hath one limitation , viz. 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 & approbation of the cause , it be externally and legally dishonest , yet the conscience 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 that which is really so , prevails over that which is but presumed so . Thus we find that S. Euphrosyna 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. Eugenia went in a mans habit [ to avoid the persecutors of Christianity for a while ] is told in the Menologion of the Greeks ; and her memory as of a Virgin and Martyr is celebrated in the Greek Church upon Christmas eve . And when Nonnus the Bishop of Edessa had converted S. Pelagia , who from a common curtezan became a glorious Saint , after the suffering of most severe penances in the mount Olivet , she estrang'd her self from all probabilities of temptation from vain men by living in a mans habit conceal'd all her life-time ; and the Church keeps her memorial in honour upon the 8th of October . 5. If the matter of humane Laws be in it self trifling and inconsiderable , 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 presumed that the laws doe condemn it equally to the publick fame ; and therefore that the conscience is bound accordingly . Thus in the days of Clemens Alexandrinus the Christians thought it a very horrid thing to wear false hair ; and Calvo turpius est nihil comato , said Martial to Marinus , nothing is more deformed , nothing more unhandsome . 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 accounted 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. Chrysostome to be understood , Adveniente tempore jejunii , etiamsi quis millies urgeat , & infinita cruciet ; & cogat vinum delibare , aut aliquid aliud quod jejunii lege non est licitum gustare , patiendum potius esse , quam prohibitum tangere nutrimentum . 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 heavily ; 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 inconvenience rather then disobey . 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. Basil to be understood , saying , Non minus crimen esse violare jejunium Ecclesiasticum , quam militi abjicere scutum in bello , aut stationem deserere . Ecclesiasticall Fasts in his time were the cognisance 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 dissolution of that community where he governs , or a great violence of order ; it is so in conscience , that is , to be valued beyond the matter . For 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 . 4. When an Ecclesiastical punishment is superadded to a civil law , or a civil punishment to an Ecclesiastical law , it is to be presumed that the law-giver puts much upon it , and therefore the conscience is obliged to obedience 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 besides the bands of God , he cals in to his help the cords of a man , and so secures 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 * , 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 . 5. The preceptive or prohibitive words in humane Laws ordinarily are no sign of a greater obligation of the conscience ; 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 , in Clementina , Exivi de paradiso , § Cum autem , De verborum significatione , it is determin'd that that part of the Rule of S. Francis which is established by preceptive or prohibitive words shall oblige the Friers Minors 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 directly or by some solemn appendage , it is presumed that the conscience is highly bound . Such as are [ 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 ] 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 veracity , hope or fear , the helps of God immediately , or a proper appeal to some other great tie of conscience . 6. However the laws were established , 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. Paul largely proves the Christian Churches not to be obliged in conscience to observe the law of Moses , in the seventh Chapter to the Romanes . 7. The contempt of any law , 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 . Contemptus in omni specie mandatorum pari pondere gravis , & communiter damnabilis , saith S. Bernard , All contempt of laws , be the matter little or great , is highly damnable ; and the reason he subjoyns a while after , Convertit in crimen gravis rebellionis culpam levis transgressionis , Contempt makes the smallest transgression become a great rebellion . Because here it is not the violation of the law , but of the authority ; not the decree , but the power is undervalued , and ever accuses the Law-giver of want of wisdome , or supposes him to have no power . This is that which in Leviticus is express'd by [ Si spreveritis mandata mea , & anima vestra fastidierit judicia mea ] a contemning the commandement , and that your soul hate and loath the judgements . 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 oblige 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 advantage 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 therefore it is remarkable that God calls the not obeying of his laws , a despising and loathing them in their hearts : Si judicia mea exhorruerit anima vestra , ita ut non faciatis , If your soul so hate my judgements that ye doe them not ; 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 . For this is a certain rule , Causlesly and contemptuously are all one . If therefore the adversaries in this Rule doe affirm that the conscience 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 afterwards , 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 , commits no sin against God ; then by despising the law they must mean something 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 , Ex consuetudine indici prasumptionem contemptus , licet ipsa contemptus non sit . It is a very great presumption that whoever 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 . These are the measures by which we shall account concerning the degrees of obligation of conscience to obey humane Laws . The use of them 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 proportioning 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 . It now remains that for the confirmation of the truth and explication of the sense of this rule , the objections made be considered . To the first I answer , That to suppose humane lawes to bind the Conscience 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 therefore 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 . To the second , 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 obey them that have the Rule over us : 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 subject 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 & 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 . To the third the answer is easy and short : 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 that matter , yet it is not free from that authority : not that the Conscience is a subject of that authority immediately and ultimately , but because God hath subjected it , and commanded it to obey . Of Christian Liberty . But for the fuller satisfaction of Conscience in this great article , it will not be amiss to give a full , but short account of the nature and pretences of Christian liberty . In order to which S. Peter explicates this article most excellently , saying , Be subject to every ordinance of man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the Lord , that is , for his Commandement , and for the interest of his Kingdome , * and his power and his glory : for it is a portion of his kingdome , it is the deputation of his power ; and he is glorified by our obedience , 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 * Apostle uses in this question . And therefore S. Peter ; 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we render it maliciousness : 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 , * Craftiness , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not making this Christian liberty a pretence and cover for your Craftiness : 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 Gnosticks and Valentinians : but against these evils the Apostles by the Spirit of God and the doctrine of the Gospel made excellent provisions . For as S. Peter so also S. Paul us'd the same caution in this article : for having press'd upon the Galatians to insist upon their Christian liberty , and not to be brought under the yoak of Moses , lest they should stumble at the name of liberty , he charges them not to abuse it , not to extend 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 , By love serve one another : 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 Carnal liberty , but it is a spiritual . If a slave be called to Christianity , he is the Lords freed-man , but not Mans , he is still a servant and commanded to abide in it , if in that state he be called . And it is an excellent Rule which is given by Calvin in this particular , We ought to account that by Christian liberty there is nothing gotten to us before men , but onely before God. 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 therefore 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 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 Conscience 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 dominion of sin , and a freedome from the terrors and obligation of the Law : the first is a freedome of duty , the second a freedome 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 . 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. James answers this inquiry , Whoso looketh into the perfect law of liberty , must be a doer of the work , that is , of the righteousness evangelical ; and this man shall be blessed in his deed . For it is Christ who hath set us free ; but yet be servants of Christ : his Spirit hath made us free , and asserted us into the glorious liberty of the Sons of God ; therefore we are debters , not to the flesh , to live after the flesh , 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 Israel ; all the land of Canaan 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 . 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 threatned to every transgressor without the abatements of infirmity & the allowances of repentance ; and we are adopted into a liberty of the sons of God , we can cry Abba Father , 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 we must live in the Spirit : 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 led by the Spirit ; and we are freed from the curse and condemnation of the law , but not unless we walk not after the Flesh , but after the Spirit . 3. It is also true that we are freed from the ceremonial law , the law of circumcision , of meats and drinks and carnal ordinances . And what then ? use it charitably , and take heed lest this liberty of yours become a stumbling-block to them that are weak . 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 disputing 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 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 Moses concerning the instances commanded there ; that is , those which were not indifferent , as being positively commanded , he return'd to their own nature , to be us'd in another dispensation , to be dispos'd of in another government , in a distinct manner , to other purposes , or ( as occasion should serve ) to be wholly let alone . But although Christ broke the yoke of Moses , and so left the instances and matters there us'd to their own indifference ; yet he left it as indifferent to the Law-givers to make laws concerning them ; for he gave no commandement that they should always be left indifferent as to external usages . Under Moses 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 Governors 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 . 4. There is yet another liberty called the liberty of glory , or the glorious liberty of the children of God ; that is , the Redemption of our bodies 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 inheritance , that we shall be by adoption if we belong to him . Now of Christ in his Resurrection it was said , Thou art my Son , this day have I begotten thee . That was the last generation or right of Sonship , to which when we are adopted we shall be partakers of the glory ; but that was at Christs Resurrection , and this shall be in ours . 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 Devil being so ready to make use of any prepared lust , or mistake , or ignorance , 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 Religion , 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 , or liberty from their obligation . Whereas therefore the Apostle says , Ye are bought with a price , be not ye the servants of men ; 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 , If thou mayest be made free , use it rather : 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 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 , Brethren , let every man wherein he is called , therein abide with God : that is , your being the servants of men is not inconsistent with your service of God , nor that servitude incompossible with Christian liberty . But yet suppose that the interpretation us'd in the objection be right , and that , Be not ye the servants of men , 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 Origen excellently , This is nothing 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 . Concerning which if any man desire to reade more words , and longer discourses , and some intrigues , he may please to see them in Driedo , who hath written three Books , and Belliolanus , who hath written twenty Books of Christian liberty . To the fourth I have already answered both in the beginning and end of the answer to the former , and it proves nothing but what is granted . For to use the same instance ; You may fast when you are commanded by your Superiour , 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 fasting of it self is not , but the fasting in obedience is . For though man commands fasting now , or so , and God does not , yet God commands that we should obey those commands of men ; and then the conscience is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the conscience of God , or toward God , 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 immediately , 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 , when the understanding is at liberty . Errat enim si quis putat servitutem in totum hominem descendere ; pars enim melior excepta est . Corpora obnoxia sunt , & adscripta Dominis , mens sui juris est , said Seneca , and from him Aquinas . The whole man is not in subjection ; the body indeed is under Lords and Laws , but the mind is free as aire . To the fifth I answer , 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 humane Laws bind the conscience , but not by force of humane authority precisely , or in it self , but by virtue of the Divine Commandement : and therefore a Prince cannot make a law and threaten damnation to the breakers 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 way to hell broader , it is a meer scar-crow ; for God onely can inlarge or streighten this way efficiently and formally ; but objectivè & occasionaliter , 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 ▪ by every invitation of his people to a more strict Religion , does make the damnation of the disobedient 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 conversation 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 . Ex te tua perditio . 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 glory if he had pleas'd . To the sixth the answer is given in the premisses : Humane authority does not make the action of disobedience to be a sin . It makes that the not compliance of the Subject is disobedience ; but it is the authority of God who makes disobedience 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 . The seventh objection hath two parts ; the one concerns the civil power , the other the power Ecclesiastical . Concerning the civil , it is affirm'd to be unreasonable that the power which cannot remit sins should bind to sin ; & 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 reasonable that the power which binds should als● 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 tying 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 loosing 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 the conscience . To this I answer , 1. that it is true , neither the Ecclesiastical nor the Civil power does by its innate authority oblige the conscience ; 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 bono animo , 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 . To the last there might be many answers given . It may suffice that the argument is expresly false ; for supposing that humane Laws doe directly 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●● 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 Pompey was by Caesar ; Photinus that told the King of Egypt where he lay hid did a greater fault then if he had rail'd upon Pompey , expresly against the Commandement , thou shalt not speak evil of the Ruler of the people . 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 Fool. For a Souldier to desert his station may be a greater crime then to steal a shilling . 3. And yet it cannot 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 . The difference of Divine and Humane laws in their obligation . 1. The law of God binds the Conscience immediately , 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 . 2. The laws of God bind the will and the understanding ; 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 governed 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 . Whatsoever ye doe , doe it heartily , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , doe it from your very Soul ; that is , cheerfully , willingly , without murmuring : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for ye doe it not to men , but to the Lord. 3. The Divine laws are lasting and perpetual ; but humane laws cease to bind the conscience , by desuetude , by contraition , by contrary reason , by intolerable inconvenience , by dispensation , and lastly by abrogation . 4. Divine laws oblige the Conscience not only to an active obedience , but to activity 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 dispensations 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 Rome 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 petition 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 . 5. Humane laws onely consider the outward action , 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 . Cogitationis poenam nemo meretur , saith the law , ff . de poenis . 6. Humane laws oblige onely that they be not despis'd , 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 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 measures 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 . 7. He that despises the law of God , dies for it ; and he that neglects it is accounted to despise it : the not doing it is by interpretation a contempt 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 : Dissoluta negligentia prope dolum est , saith the law , ff . mandati , l. fidejussor , & ff . de action . & obligat . l. 1. § . Is quoque . A great negligence is accounted malice . 8. Ignorance of the laws of God excuses no man , because it is sufficiently 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 excus'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 . 9. When Divine and humane laws are oppos'd , 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 Ben-Sirach , Let not the reverence of any man cause thee to sin . 10. As a consequent to the former , 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 superior then of our supreme , of Man then of God. 11. Divine laws are impos'd upon the people ; 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 , 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 , conditional , precarious and mixt , full of need , and supported by them who are to be rul'd , who therefore are to be regarded . 12. Some adde this ; the Divine laws bind both in publick and in private , 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 reduc'd to practice , the consideration is different . For though Mans laws know not what is in secret , & therefore cannot judge ; yet God , that binds humane laws upon our consciences , knows the most secret breach of laws , and he judges and discerns . But this hath some difficulties in it , and many very material considerations , & therefore is to be distinctly handled in some of the following pages . This onely for the present . When in private we can be excus'd or innocent before God ; in that private , & in those circumstances humane laws oblige not . But Gods laws equally oblige both in publick and private , respectively to the subject matter . Of themselves humane laws have nothing to doe with private actions ; that is , neither with the obligation , nor the notice . There are many other material differences between the laws of God and man , 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 ●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 . Thus they differ , 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● obedience , 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 Moses & Aaron : for it matters not by what means he effects his own purposes ; by himself , or by his power administred by second causes . The summe is this , which I represent in the words of S. 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 disciplinae rationem . Let us submit our selves to God , to one another , and to 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 . 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 interests of the same Kingdome . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Justin Martyr , We pray you , O Kings and Princes , to punish them who are Christians onely in name , and doe not live according to the decrees of our Great Master : and then for their own interest this is his account , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We worship God alone , but in other things we gladly serve and obey you , confessing you to be the Kings and Princes of the people . I conclude this in the words of S. Bernard , Sive Deus , sive homo mandatum quodcunque tradiderit , pari profecto obsequendum est cura , pari reverentia deferendum , A law , whether given by God or by man , is to be observ'd by a like care and a like reverence ; alike in the kind , but not in the degree . * 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 grievous evil in the obedience . THis Rule is to be understood to be true regularly and ordinarily , and in laws purely humane ; that is , such which are not commentaries or defensatives 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 , Fear not them which can kill the body ; and what profit have you , if you gain the whole world and loose your own soule ? and it is better to goe into life maimed and blind , then having two feet or two eyes to goe into hell fire ; and God is to be obeyed rather then man ; and he that would save his life shall loose it ; 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 . But the question here is concerning meer humane laws established in an indifferent matter ; and in this it is that the Rule affirms that humane laws doe not bind to their observation with the danger of life . The reasons are these ▪ 1. Because the end of such laws is onely the good and convenience of the lives of the Citizens . Omnibus à natura bene informatis insitum esse ut nemini parere velint , nisi utilitatis causa & legitimè imperanti , said Cicero , 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 . 2. Eye for eye , and tooth for tooth , and all that a man hath he will give for his life : 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 . 3. 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 . 4. All humane power is given to man for his good , not for his hurt ; for edification , not for destruction . 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 . 5. Necessity is the band , and necessity is the solution of a law . Necessitas facit licitum quod aliàs licitum non est , saith Alexander ad l. si ex toto , ff . de legibus . To the same purpose is that of Seneca , Necessitas , magnum humanae imbecillitatis patrocinium , quicquid cogit , excusat , Necessity makes every thing lawful to which it does compel . 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 . 6. 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 Maccabees brake the rest of the Sabbath to defend themselves against their enemies ; and the Priests for the uses of Religion , and the Disciples of Christ to satisfy their hunger ; and Christ was their Advocate . Thus David 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 defended the fact : and if a probable necessity , that is a great charity and relief , 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 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 , cap. consilium de observatione jejunii : and thus also no man is bound to goe to Church on a festival to hear Divine 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 suffer'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 . Although the Rule thus understood be certain and evident for these reasons , yet there are some adversaria 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 . 1. Cajetan affirms every law that binds under pain of mortal sin , does also bind to obedience though death attend it ; and his reason is , because 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 services , 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 Caesar 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 Eleazar did suffer death with torments rather then eat swines flesh , and the Martyrs gave their lives in a willing sacrifice rather then deny their faith : so in their proportion it must be in the laws of men , they must be kept up though we die for it . Melius est ut unus quàm Unitas , It is expedient that one man die for the people , one member for the whole body , rather one then the unity be dissolv'd , and the community ruin'd . To these things I answer , first , that the proposition of Cajetan 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 probabilty . Humane laws bind to obedience , and Gods law annexes the penalty 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 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 extraordinarily 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 . 1. 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 obedience should cause death is but rare and accidental , not foreseen , but seldome happening ; but the law threatning death to the disobedient is a regular , 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 certain 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 concealment , 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 considerations meerly humane is the greatest . 2. When the Tyrant power threatens death to obedient Subjects , for no other end but that the Subject should contemn the law , then the Superiour 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 Tyrants 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 subjects . 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 Subjects 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 enemies of the Religion ; they that fought with those upon the Sabbath did it as enemies of the Nation , onely they would take advantage by the prohibitions of the Religion . Now when death is threatned by the enemies of the Religion , 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 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 rather 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 1. Either the law expresly commands we should die rather then break it . Or 2. Hath declar'd that in such circumstances to comply shall be a contempt by interpretation . Or 3. When it is notorious that it is so intended by the Tyrant power : and 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 regarded . 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 interest and publick necessity to exact this obedience when an opposite power threatens death , that they may destroy the Law. 3. The same also is the case of 1 Scandal , or 2 injury to Religion , or 3 the Confession of our faith , in all which cases we are oblig'd to die rather then break a positive law of God or Man. And this is that which S. Austin said , Satius est fame mori quam idolothytis vesci , It is better to di● with hunger , then to save our lives by eating things sacrificed to idols . 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. Paul said , I will eat no flesh as long as the world stands rather then cause my brother to offend . But in this there is no difficulty . 4. Humane Laws bind to their observation though with the danger of death , 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 , ●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 notwithstanding the danger of death , it were no law at all . For to a Prince 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 . 5. But all these cases are to be provided so that they be in gravi materia , 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 Scipio Major had power to carry his three hundred brave fellows ( that he so boasted of in Sicily ) to the African warre , yet he had no power to command them to run up the neighbouring Tower and leap headlong into the Sea for bravery and to shew his power . 6. One thing more is to be added . 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 destroyed 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 Aquinas , and it is very reasonable , Quando est causa rationabilis , & non impeditur finis legis , not peccat mortaliter qui non observat 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 . 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 necessity 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 destruction 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 ? Unless 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 Subjects 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 preserve it self and refuse to be cut off : and nothing is greater then the safety of a part , but the safety of the whole . But the Rule affirms that not onely danger of death , but the avoyding of a very grievous and intolerable evil is sufficient to excuse disobedience to humane Laws from being a sin . But this is particularly to be considered in the following Rules . RULE III. The Laws of our Superiour that are not just and good , doe not oblige the Conscience . 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 . Now a Law is unjust upon many defects . 1. If it be made by an incompetent person , that is , one who hath no authority . Cajus and Sejus were fellow-servants to Ruricanus . Cajus commands Sejus to goe to plough . Sejus demands , quo jure ? And he was in the right . Cajus was the wiser man , and he was the older , and better imployed , but he was not his Lord. Par in parem imperium non habet , says the Law. 2. If it be made in an incompetent and undue matter . When Saul commanded the man of Amalek , Sta super me , & interfice me , 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 Mercury was accus'd for the murder of Argus , though he pleaded that he did it by the command of Jupiter , yet the Gods did not acquit him : and though Marc Anthony did worse for his own revenge to kill Cicero , yet Pothinus did ill too when he kill'd the brave Pompey , though at the command of his Master Ptolemy . Antoni tamen est pejor quàm causa Pothini ; Hic facinus Domino praestitit , ille sibi . Anthony was infinitely to be condemn'd , and Pothinus 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 conscience . To which purpose who please , may read an excellent discourse of S. Bernard in his seventh Epistle which is to Adam 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 * permit a man to possess what by an unjust price or bargain he hath acquir'd , yet because this is unjust 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 : Ye shall not lie , saith our Lord God , nor deceive every one his neighbour : and let no man defraud or circumvent his neighbour in bargaining , saith S. Paul. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said the old Attick law , from the voice of nature ; which Cicero well renders , tollendum esse ex rebus contrahendis omne mendacium , no lie must at all●be used in bargaining : 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 . 3. Humane laws may be unjust when a just power in a competent matter passes on to excess , and goes beyond it's bounds . He that excommunicates one that is not of his Diocess does not oblige the excommunicate person by the sentence : and Pilate had nothing to doe with the Holy Jesus till Herod had sent him back to him ; for to his jurisdiction he did belong . Thus if a Priest or a Bishop absolves a guilty person ▪ 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 , Sententia non à suo Judice lata , nulla est : which is excellently rendred by S. Paul , What art thou , O man , who judgest another mans servant ? Upon this account , all humane laws prescribing to the Conscience , 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 judicatories ; for as for sentences declaratory of a Divine law , that is not under this restraint . But of that in it 's own place . 4. Humane laws may be unjust , 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 transgressors , 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. Henry 8. of England pretend that he annull'd the Popes authority in England onely upon designs of lust and revenge . Suppose 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 . Non prospectantes proprii jura commodi , sed consulentes patriae atque genti , said the Fathers of the eighth Council of Toledo . Kings must not look after their own profit , but make provisions for their country and their people . Officium est imperare , non regnum , To rule is not empire , but office , said Seneca ; and therefore the Greeks call Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Plutarch , that signifies persons appointed to take care and to defend the people . Tu civem patremque geras , tu consule cunctis , Non tibi , nec tua te moveant sed publica damna . Take care of the publick , not of thy particular , and let the common calamity move thee most : and since the power it self is designed for the publick good , the laws must be so too . And therefore when the law saies that a law ought to be a common precept ; that is , pro communi utilitate statutum , saies the gloss , that is , it must be for the common good . Conditur utilitatis gratiâ lex , saies Plato , every just law is made for the good of the people : and from him Marsilius Ficinus defines a law to be , a true manner of governing , which by profitable ways tends to the best end , that is , the publick good ; and Isidore saies , Lex erit omne quod ratione constiterit , duntaxat quod religioni congruat , quod disciplinae conveniat , quod saluti proficiat , A law is that which agrees with reason , that is consonant to religion , and accords with discipline , and is profitable and does good . 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 Conscience . And this is the doctrine of Aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A King and a Tyrant differ very much : A Tyrant considers his own profit ; a King the profit of his people : and under this consideration comes that Prince that laies grievous burthens upon his people . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Those that take great summs from them they ought not , and those which they ought not , as Tyrants , destroyers of Cities and robbers of Temples , we doe not call them Covetous , but wicked , and impious , and unjust . And therefore they who doe such things by laws made on purpose , doe it by tyranny , and therefore not by law , or just authority , & 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 . Nulla juris actio aut benignitas patitur ut quae salubriter pro hominum utilitate introducuntur , ea nos duriore interpretatione contra ipsorum commodum producamus ad severitatem , saies the law , 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 . And therefore it is observable that all laws doe infinitely 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 Trajan , when he put a sword upon the thigh of the Prefect of the Praetorian bands , Cape hunc , & si quidem rectè & 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 . 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that does not so , is a King by fortune , but indeed a Tyrant , and any thing rather then a King. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Aristotle , For he pursues his own , not his peoples good : and that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the stain of Monarchy , that is , plainly Tyranny . Tiberius said well , Dixi & nunc & saepe alias , P. C. bonum & salutarem principem , quem vos tanta & tam libera potestate instruxistis , Senatui servire debere , & universis civibus ; saepe ac plerumque etiam singulis , neque id dixisse me poenitet . 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 Rudolphus of Austria 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 . Sinite parv●los ad me venire saith our Bl. Lord , the King of Kings , and the Lord of Lords , Suffer my little ones to come unto me . But the reason and demonstration of all is contained in those words of Seneca , saying a Prince should think with himself , 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 , 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 . Admittere in animum totius reip . curam & populi fata suscipere , & oblitum quodammodo sui , gentibus vivere ; noctes omnes diesque perpeti solicitudinem , pro salute omnium cogitare . So Pliny describes the office of a Prince , 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 . 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 . He is the Minister of God for thy good , saith S. Paul ; 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 . 5. Thus , 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 Aquinas ; 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 . The Prince is to be presumed good and gentle ; and if he be not so , he is to be suppos'd so , and made so at least by fiction of law : whatsoever 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 . 6. Hither is to be reduced the injustice of unequal distributions ; 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 in thesi , proves unjust in hypothesi , 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 , according to the measures by and by to be described . For it is the voice of natural justice and reason , which S. Paul urges to his charges , not that there should be ease to one and burden to another : this is against equity , as having in it so great disproportionate inequality . 7. Lastly , 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 is at liberty , and may procure remissions by any waies of peace and piety . But in the reducing of this to practice , these cautions are to be observed . 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 jealous 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 caution is given by all the Doctors , who follow Bartholus in it , capite 1. de constitutionibus . 2. The inconvenience of the republick must not be trifling and contemptible , 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 outweigh 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 . 3. The inconvenience and injutice must be certain , notorious , and relied 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 : & 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 doubtful case , the presumption always is for obedience , not against it : for although 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 . 4. When there is a favourable case for breaking a law , 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 opportunity to require it : In these cases a leave is to be presumed , or else it need not , for the law does not oblige . 5. This is to be practis'd onely when the law is against the publick good . 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 dispensation 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 , 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 speculation : for notwithstanding the personal inconvenience , the law does still bind the conscience of the Subjects in general ; but if it be against the publick 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 Petronia and Abbatilla be with child and cannot fast : All are bound , but from these the yoke may be lifted 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 mischief 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 Suarez upon another occasion , but in this very instance , is remarkable , Custodiam virginitatis esse opus supererogationis , quod necessariam non habet conjunctionem cum fine publici commodi ; & ergo non posse praecipi lege humana , 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 . Either then the law of the Church of Rome 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said 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 . RULE IV. A law that is founded upon a false presumption , does not oblige the Conscience . THE case is this ; Francisco Biretti a Venetian Gentleman , full of amours , & us'd to vain and wanton addresses , courts Julia a Senators daughter , but with secret intent to abuse her and so to leave her . Marco Medici the Father of Julia by threats and harsh usages forces his daughter Julia to consent to a contract with Francisco : 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 Francisco pass'd into Sicily , and there married Antonia Peronetta a Sicilian Lady ; 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 , cap. Is qui fidem , and cap. Tua nos , de sponsal . for it supposes and presumes a consent , and yet withal says if there was no consent , it was no marriage . Here Francisco is condemn'd by the presumption , and reliev'd in conscience . For if he did not lie with her affectu maritali , 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 ut plurimùm , 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 Juliae : but Francisco , who knew that which the law could not know , was bound to make amends to Julia as well as he could , but to pursue the marriage of Anthonia and dwell with her . For the presumption upon which this law was founded was false ; the congress did not prove a marriage , 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 presumption or probability . * Besides this , when a law is made upon a supposition , and relies upon that alone , in case that should fail , it is to be presum'd that the Law-giver does not intend to bind . When the men of Aegina were at warre with the Athenians , they made it death by their law for any Athenian to be seen in their Country . But when Plato 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 Plato 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 . Dom. Joseph of Carreras a Spaniard walking one night in Sivil , was taken by the Alcalde , 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 children 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 . But that there be no error in the practice of this , we must distinguish of presumptions . One sort is in matter of fact , the other is upon presupposition of dangers usually arising : that is of justice , this of caution . The examples which I have already brought are all meer and unmixt presumptions of fact ; in which cases the rule does hold without exception . But in presumptions of caution it is otherwise . The law does irritate and evacuate the contracts of minors , 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 minors under sixteen years of age are of a ripe wit , and competent judgement , and have craft enough to make a bargain , to consider 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 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 indivisible , 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 instances , 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 presumption , 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 . Onely this caution is to be inserted , That if a minor make a contract , as if a young man under 16 , or a maiden under 14 make a contract of marriage , although this is not valid in law till their years of consent be completed ; 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 ●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 oblig'd : but this , although it be an essential consideration as to conscience , yet it is wholly extrinsecal to this Rule . But there is one distinction more of use to the explication of this Rule . Laws founded upon presumption are either laws of favour or laws of duty . Those that are made in favour may be made use of onely when that supposition upon which it is founded is really true , but must not be us'd to the prejudice of any , whether it be true or false . And of this nature , or reducible to it , is the case that Cicero de Oratore speaks of . A Roman Citizen supposing his onely son to be dead , declares a kinsman to be his heir . The son afterwards 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 Davids justice and friendship with Jonathan , that when he had listned to the false information of Ziba against his friends son Mephibosheth ; 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 divided his Kingdome , and gave the bigger half from his Grandchild Rehoboam to his servant . But if the laws be matter of duty , 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 , whether it was in fact or in caution , 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 England , 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 presumption that he that is absent is so indeed , this law were as much incumbent 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 inducement to the law , the Conscience of those who are , and those who are not in the first presumption are equally oblig'd . RULE V. Humane laws doe bind the Conscience to or from an act in secret , as well as in pubick . SOme things are secret or private in their own nature , 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 . 1. Those actions which were done in secret , but under the observation of a few , when they are brought to judgement change their nature , and become publick , and therefore are equally under the power of the Law , as if they were done in the Market . For in the Law , that is called Notorious 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 secret , 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 . 2. Some actions are secret , 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 manifestum 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 . 3. If the action be done wholly in secret , 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 punishment , 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 appears by the acts of scrutiny , and the proceedings against such as come accidentally to be discover'd . If a suspicion doe arise or any probability , any fame or rumor , the law begins her process , somewhere by torture , somewhere by examination upon oath , and sometimes gives sentence upon conjectures . Now if to this it be replied , that this is the beginning of publication , and the law proceeds onely in proportion to its being publick ; I answer , 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 the Conscience be oblig'd , I am to say that the publication of it does not make it to be a sin ; this reveals the action , & 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 . 4. But as for those things which are secret in their own nature , 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 . Question . Whether humane laws can command or forbid inward acts . But having as well as I could consider'd the secret of this thing , 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 cognisance , 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 disobedience , 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 indirectly , 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 it to be murder , does consequently oblige the Conscience not so much as to desire it . 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 : so Tertullian : 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 . Thus in the Canon law Clementi● . 1. § verum de haereticis , 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 Panormitan and Adrianus 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 therefore Cato argued well in behalf of the Rhodians , 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 Rhodians had mov'd that they might help Perseus the King of Macedonia , in case peace could not be obtained for him : Cato made an oration in their behalf , affirming it to be unreasonable to punish them because they had a mind once to have made a warre . But this was therefore well said of Cato , because there was no proof that the Rhodians 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 Rhodians themselves confessed , that the Romans warr'd justly with Perseus for intending 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 . 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 ? said Cicero ; 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 Injuriam facit , qui facturus est , said Seneca . 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 . And this is more evident in the civil Law , l. si quis non dicam rapere , C. de Episcopis & Clericis . Where the very thought of ravishing a Virgin is punished . It is true , this thought was declared by the attempt or address 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 punishes the criminal before he hath acted the evil , punishes the internal principally : for in the address & first preparations nothing is done but the discovery of the thought ; but when the thought is so discovered , & 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 Cicero in his Oration 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 because the mischief was not done is as much as to say , that the laws are not avengers 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 . And to this Seneca in his controversies gives testimony , Scelera quoque , quamvis citra exitum subsederunt , puniuntur . The same with that of Periand●r , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not onely those that doe , but those that would sin are to be punished . And to this sense all those laws which punish the affection , though the effect follows not , are to be understood , as Cap. pro humani , § . Sacri , de homicidio l. 6. & l. quisquis , C. ad legem Juliam majestatis ; & cap. 1. de schismaticis , § . omnem , l 6. & l. Fugitivus , ff . de verborum signif . l. Divus , ff . ad leg . Cornel. de Sicariis . But this is also further manifest in the differences of chance-medly , man-slaughter , and wilful murder ; 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 Ulpian had said , Cogitationis poenam nemo patitur : Accursius addes , Si statum in finibus cogitationis est . No man can be punished for his thought ; that is , if it proceeds no further ; for then it is known to none but God. Upon this account we find sometimes in Laws , commands expresly enjoyning the internal action . Thus when the Council of Lateran had complained of some Clerks and Prelates that either wholly omitted their office , or said it negligently , it addes , Haec & similia sub poena suspensionis penitus inhibemus , districtè praecipientes in virtute obedientiae ut Divinum officium nocturnum pariter & diurnum , quantum eis dederit Deus , studiosè celebrent pariter & devoté : viz. that they say their office diligently and devoutly ; which because it is an act of the heart as well as of the outward man , it gives a clear evidence in this inquiry . But above all is that Novel of Justinian , which the late Greek Books have brought to light , it never 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for their meer thought of doing otherwise should be put to death . I end this with the saying of the Jewish Doctors , Quicquid sapientes vetant palàm fieri , id etiam in penetralibus vetitum est , Whatever the wise men forbid to be done in publick , the same must be understood to be forbidden in your closet . It was the saying of Rabbi Bachai . RULE VI. Humane Laws , before sufficient promulgation , doe not oblige the Conscience . AS the faults of Subjects are not cognoscible without publication : so neither are the wills of Princes . Leges sacratissimae quae constringunt hominum vitas intelligi ab hominibus debent , says the Law , l. leges , C. de legib . & constit . But in this there is no difficulty : all that is made is in the assignation of the sufficiency of the promulgation . A Spanish Lawyer , Selva , and he alone , so farre as I have heard or read , affirms the very solemn 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 never 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 . 1. It is not necessary that laws in their promulgation be so divulged , 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 diligently 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 happens most commonly , so the promulgation is of a symbolical nature , and can arrive but to most persons . 2. In all Princely and sweet Governments there must be such a publication of laws as must be fit to minister to the publick necessity and the publick duty , that laws be no snares , but piously intended , prudently conducted , sufficiently communicated , and reasonably exacted with abatement of all those deficiencies which are incident and unavoidable to mankind ; 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 disobedience . 3. Be the publication legally sufficient , or not sufficient , 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 cannot , they cannot be oblig'd : for that is no law , but madness , which obliges a man to that which is impossible . 4. The care and sufficiency of publication is wholly incumbent upon the Law-giver , 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 . 5. Although as to conscience the former measures are certain , 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 depends upon the will of the Prince and of his law . Onely when this is reduc'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 Titius contract with Mavius to carry twenty Tun of wheat from Sicily to Rome , 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 Mavius , who is like to be the gainer , stand upon his right of justice and natural consent , Titius 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 Titius from verifying a contract that is valid in the law of nature ; yet Mavins can remit his right , and the law can tie him to that . This holds in all things where the parties can give consent to the invalidating of the contract . But sometimes they cannot , and then the rule of conscience is , standum est juri naturali , whatever was ratified by nature and religion must remain for ever . The Council of Trent 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 Valtoline hears nothing of it , but gets the daughter of his Master the Farmer with child after contract per verba de praesenti . The law is urg'd upon him ; the parties 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 nature , the prohibition ought to prevail upon them . Lastly , 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 Maximilian should be uncapable of a Prebend or benefice in a Church ; he that heard not of the law might justly be put out after solemne investiture . For no man is injured , because he hath not a favour done him . RULE VII . That a law should oblige the Conscience , does not depend upon the acceptation of the Law by the people . THis Rule hath suffered great prejudice , not onely by the contrary opinion of the Civilians and Canonists , who in very great numbers oppose it , but by all persons almost who live under Governments Democratical , or doe not well consider the powers and consequents of government . But the case in short is this ; All Governments in the world did either begin right or wrong . If right , it was by Divine appointment , or by the multiplication of the posterity of a Patriarch , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 . But if the Government comes not this way , it comes in wrong . Either from tumults , by necessity and evil experience being forc'd to permit and establish an order and government ; or directly by warre and violence ; or else in the destitution of a Governour when all are left to themselves , 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 divide 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 . Now from these beginnings of Governments several Republicks and Principalities have been established ; and when it hapned that any famous 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 Asconius Pedianus in orationem pro C. Cornelio , and by Budaeus and Zasius in l. 2. ff . de origine juris . These laws were made in a convocation of the people in thirty Courts , and were called Curiatae , as is affirm'd by Suetonius in Augusto , and in Cicero in his epistles to Lentulus : they were also called Populares by Cicero in his orations . Now this people so largely reigning over the world , and being exemplary by their wisdome 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 Princes , to which they were but too much tempted by that libido regnandi , 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 consent ; 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 . — Libertatis servaveris umbram Si quicquid jubeare velis — 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 . 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 ; 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 ; Lex nullam vim obligandi habet nisi ex more ; so Aristotle : and , Leges promulgatione constitui , firmari autem usu , saies Gratian : and the civil law most expressly , Ipsae leges nullâ aliâ causâ nos tenent quam quod judicio populi receptae sunt , 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 ex more Romanorum ; among the old Romans it alwaies was so : and Aristotle 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 Gratian , Laurentius and the Arch-Deacon expound them to mean that the laws receive from the use of the people firmitatem stabilitatis , non authoritatis ; that is , de facto they are made more firm and lasting by the consent and manners of the people , but not de jure more obliging ; according of that of 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 : caeterum suspecta lex est quae probari se non vult ; improba autem si non probata dominetur . 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 suspected which will not indure a trial ; but if being tried it be rejected , it cannot prevail without injustice . Having now by this narrative laid open the secret and foundation of this opinion , 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 ; & 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 consciēce , 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-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 stroakings and meat and gentle usages , yet for all that his rider in his Master : and he that said , 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 supreme , &c. 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 contradiction 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 . In popular governments the people have their suffrages in the legislative ; 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 a pretence but no more . For when the King is chosen , and is by the people ( that I may use the expression of Tiberius ) tantâ temque liberâ potestate instructus , invested with a Princely power , and the legislative ; he , by himself or by his Senate , according to the constitution 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 . Lex institutir cum promulgatur , saies the Authentick : 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 . This Rule does also fail in all arbitrary conventions and precarious governments ; in such which have no coercitive power but what is by voluntary 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 . Some insert one case here , saying that if a law be refus'd by the greater part of the people , then single ●●sons are excus'd , because it is to be suppos'd that the Prince cares not 〈◊〉 single persons observe the law , since so 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 contrary , 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 submit , 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. We must not follow a multitude to doe evil : 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 . * 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 ; Lex praecepti tollitur , si moribus utentium non recipitur , 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 Pope and Council cannot command continence to a certain sort of persons after promotion against their wills ; quia continentia est res quae potest persuaderi , imperari autem non , 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 . RULE VIII . Humane laws of indifferent matter doe not oblige the Conscience of the Subjects out of the dominions of the Superior . EXtra territorium jus dicenti , non paretur , impune , is a famous saying in the Canon law , 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 ; and beyond his jurisdiction a Prince hath no power . Lex est jus proprium civitatis , saith the law ; The law hath no power beyond it's own city . Thus anciently , in the Province of Canterbury the people did not fast upon S. Marks day ; but if they were within the Province of York 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 . 1. But this hath divers limitations . 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 England to goe to Mass in a forein Country ; 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 Country have upon other prudent and just considerations forbidden it . The sons of the Church of England professing under the government Episcopal may not lawfully communicate in the Huguenot 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 ritual part of religion , where the religion is the same , we are not tied abroad to our Country customes . A Subject of the Church of England 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 neither doe nor can oblige abroad ; and if any be offended at our different ceremonies 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 brethren . 2. This Rule does not hold in such laws which are the specification of the Divine laws . Thus if a Subject of England should be in Spain , 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 Spain it be lawful for them to doe it . The reason is , because she is not a Subject of Spain , but hath an habituall relation to England , 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 indefinite lawes of God ; and the reason is that which S. Paul gives , because he who hath the rule over them is to give an account 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 Spain , it is lawfull 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 . 3. This Rule does not hold , 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 , Timotheus shoots an arrow and kills a young Theban Gentleman . The Thebans demand that Timotheus be put to death by the laws of Athens , as being their Subject : they refuse to doe so , but deliver Timotheus to the Thebans , giving this reason , He shot the arrow within the Athenian limit , but it did the mischief within the territory of Thebes ; and where the evil is done , there and by them let the criminal be punish'd . Being abroad is no 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 . 4. If the action be something to be done at home , the Subject abroad is bound to obey the summons of the law . When Henry the second of England commanded all Prelates and Curates to reside upon their Dioceses and charges , Thomas Becket of Canterbury was bound in conscience , though he was in France , 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 omission is a sin : Qui non facit quod facere debet , videtur facere adversus ea quae non facit , saith the Law , The omission is a sin there where the action ought to have been done . But if the Law be nagative , Qui facit quod facere non debet , non videtur facere id quod facere jussus est . He that does what he is forbidden to doe is answerable to him who hath power to command him to doe it . This Rule thus explicated is firm ; and is to be extended to exempt or priviledged places , according to that saying of the Lawyers , Locus exemptus habetur pro extraneo , He that lives in an exempt place , lives abroad . By the proportions of this Rule it is easy to answer concerning strangers , 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 Country ( 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 the place is more then the person : but therefore it must goe so farre , and be the person what he will , yet in the territory he is under the law of that Prince . He is made so by that place . It is Lex terrae , the Law of the land in which he is : and in the peace of that he shall have peace , as God said to the Jews concerning the land of their Captivity . RULE IX . Obedience to Laws is to be paid according to what is commanded , not according to what is best . WHen Lacon was fighting prosperously , and had prevail'd very farre upon his enemies , 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 , It is better to obey then to kill an enemy . But when Crassus the Romane General sent to Athens 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 suppos'd was better ; but his General caused him to be scourged for his diligence : and Torquatus Manlius being Consul commanded his son not to fight that day with the Enemy , but he espying a great advantage fought and beat him and won a glorious victory , for which he was crown'd with a triumphant 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 reason 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 requir'd . Corrumpi atque dissolvi officium omne imperantis ratus si quis ad id quod facere jussus est , non obsequio debito , sed consilio non desiderato respondeat , said Crassus in A. Gellius . Thus also it is in the observation of the Divine Commandements : 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 better . 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 Saul , Obedience is better then sacrifice . No work is better then that which God appoints . 3. This is to be understood so that it is not onely left to our liberty , 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 Astyages preferr'd Chrysantas before Hystaspes , because he did not onely obey as Hystaspes 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 . This also is to be added , 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 ex post facto allow the deed ; that is , he does not punish it . P. Crassus Mutius and T. Manlius did otherwise ; but they were severe and great examples . But when it is not punish'd , it is not because it does not deserve it , but because it is pardon'd : for if it should miscarry , it would not escape vengeance : and therefore though the prosperous event be lov'd , yet it came in at a wrong door , and the disobedience was criminal . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Masters are to command , but the province of servants is to obey , saith S. Chrysostome . This Rule is to be understood according to the intention , not according 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 . CHAP. II. Of Laws Penal and Tributary . 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 . WHatsoever is neccessary is just ; that is , that must be done which cannot be avoided : and therefore the power of the Magistrate in punishing the transgressors of their laws of peace , and order , and interest , is infinitely just * ; 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 . Ancus Rex primus Carcerem in Romano foro aedificavit , ad terrorem increscentis audaciae , says Livy . King Ancus 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the Hebrew word DAN , which signifies a Judge , as intimating that Judges are appointed to give sentences upon criminals in life and death . And therefore God takes upon himself the title of a King and a Judge , of a Lord and Governour ; and gives to Kings and Judges the title of Gods , and to Bishops and Priests the style of Angels . But here I will suppose that Magistracy is an ordinance of God , having so many plain Scriptures for it ; and it being by S. Paul affirmed , that he beareth not the sword in vain , and that they who have done evil ought to fear ; and of himself he professed that if he had done ought worthy of death he did not refuse to die ; and a caution given by S. Peter , that Christians should take care that they doe not suffer as malefactors : and it being made a note of hereticks that they are Traytors , that they are murmurers , that they despise dominion , that they speak evil of dignities ; and that we are commanded to pray for Kings and all that are in authority , for this reason , because they are the appointed means that men should live a peaceable and a godly life ; for piety , and peace , and plenty too depend upon good Governments : and therefore Apollo Pythius told the Lacedemonian Embassadors that if they would not call home Plistonax their King from banishment 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 starv'd because they unjustly suffer'd their King to live in exile . Adde to these , that we are often commanded to obey them that have the rule over us ; to be subject to every ordinance of man ; that Rulers are not a terror to good works but to the evil , and many more to equal purposes . Neither ought the precept of charity and forgiveness , 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 correcting their offending children ; nor Masters from chastising their rebellious servants ; nor the Church from excommunicating them that walk disorderly : these things rely upon plain Scriptures , and upon necessity , 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 charity 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 buffeted , even to the destruction of the flesh , that their Souls might be sav'd in the day of the Lord. S Paul delivered Elymas to blindness , and S. Peter gave Ananias and Saphira to a corporal death . But the great Case of Conscience is this . 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 flagrante crimine , 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 . To this I answer , 1. That it is true that whatsoever is against charity is not the effect of justice ; for both of them are but imitations and transcripts of the Divine attributes and perfections , which cannot be contrary 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 endur'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 introduc'd it , is the cause of the evil ; not he that is to give the best remedy that he hath . 2. No man is to answer for an accidental effect that is consequent to his duty . In omni dispositione attenditur quod principaliter agitur , saies the law , l. si quis nec causam , ff . si certum petatur . 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 persons , as they would be never the better , so the other parts of mankind would be infinitely the worse . 3. It is true that Charity is the duty of every Christian ; but as all Christians 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 reduc'd to act ; and because that is all we can doe , it is all we are oblig'd to doe . When Vertagus was condemn'd to die for killing the brother of Aruntius Priscus ; the poor Father of the condemned man came and beg'd for the life of his miserable son ; but Priscus 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 fondness and tender usages , he by severe counsels and wise education ; and when the Minister of religion takes care concerning the Soul of the poor condemn'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 Sacraments 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 . 4. The cutting off of a Malefactor is some charity to his person , 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 vertue 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 Tribunal of Gods justice ; paullum supplicii satis est Patri ; God is sometimes pleas'd to accept of a small punishment for a great offence ; and his anger many times goes not beyond a temporal death , and the cutting off some years of his life . 5. That which concerns the Magistrate is , that he be just and charitable 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 supreme , 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 accidentally . 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 Judge nothing but the mercies of the law . 6. That which is necessary to be done , 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 Spartacus and his rabble , who knows how many Souls should be sent to Hell for want of time to finish their repentance ? 7. If the condemn'd Criminal had never any time to repent , 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 publick 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 . 8. God hath given a commission to Magistrates which they must not prevaricate : 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 longer 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 . 9. No man can say that a condemn'd Criminal that makes the best use of his time after sentence , or after his just fears of it , or after the apprehension 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 presumption 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 persons 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 evacuate 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 . 10. No change in government , no alteration of laws , no publick sentences 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 measures 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 . 11. The Magistrate gives sentence against Criminals for single acts , 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 , that he and not the Magistrate was first to have considered ; for himself knew of it , the Magistrate did not . 12. Every man that lives under government knows the conditions of it , 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 certain , and to be expected : and he that knows this to be his condition , if he will despise the danger , 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 . Though from these considerations it appears that the pretence of charity cannot evacuate that justice which hath given commission to all lawful Magistrates , 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 recompence 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 Cicero in his argument against Calenus upon this very question . Hoc interest inter meam sententiam & tuam : ego nolo quenquam civem committere ut morte multandus sit ; tu etiamsi commiserit , etiam conservandum putas . In corpore si quid ejusmodi est quod reliquo corpori noceat , uri secarique patiamur , ut membrorum aliquod potius quam totum corpus intereat . Sic in Reip. corpore ut totum salvum sit , quicquid est pestiferum amputetur . Dura vox ; multo illa durior : salvi sint improbi , deleantur innocentes , honesti , boni , tota Respublica . Cicero would have no Citizen deserve to die ; but Calenus would have none die though he did deserve it . But Cicero though it reason that as in the body natural we cut off an arm to save the whole , so in the body politick we doe the same , 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 . This we see is natural reason , but it is more then so ; it is also a natural law , express'd and established by God himself . He that sheddeth mans blood , in man , or by man , shall his blood be shed : which words are further explicated by the Chaldee Paraphrast , Qui effuderit sanguinem hominis cum testibus , juxta sententiam Judicum sanguis ejus fundetur , 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 . — justi Vim terroris habet , procul an propè , praesto vel absens : Semper terribilis , semper metuenda , suoque Plena vigore manet , nullique impunè premenda Creditur , & semper cunctis , & ubique timetur . said Guntherus 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 of this law all communities of men have comported themselves , as knowing 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. Austin . Non ipse occidit qui ministerium debet jubenti , sicut adminiculum gladius est utenti . Ideo nequaquam 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 . 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , God Minister of revenge and anger : 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 . So Isidore , Factae sunt leges ut earum metu humana coerceatur audacia , tutaque esset inter improbos innocentia , & in ipsis improbis formidato suplicio refraenaretur nocendi facultas . 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 . RULE II. Penal laws doe sometimes oblige the guilty person to the suffering the punishment , even before the sentence and declaration of the Judge . THat this is true concerning Divine Laws is without peradventure : 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 . He that strake out an eye or tooth from a servant was bound to give him his liberty : that is , 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 liberty 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 , because 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 compell'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 penalty suffered and pai'd under the proper sentence of the obliged criminal . To the same purpose was that law made for him that lies with a woman in the days of her separation , he shall be unclean until the evening ; Now that this was not to be inflicted by the Judge , but that the guilty person should himself be the executioner of the penalty , is therefore certain , because by another law concerning the same legal uncleanness it was decreed , that the fact shall be capital , that is , if it come before the Judge : of which I have already given account . Thus also God imposed upon him that eat of the holy things unwittingly , the burden of paying the like , & a fifth part besides for punishment of his negligence and want of caution . This himself was to bring , together 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 penalty . And indeed the very expence of Sacrifices , 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 : 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 confessionem super peccato singulari , 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 , 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 , according as the sin was : but his being the executioner of the Divine sentence in the lesser instance did prevent the more severe and intolerable condemnation . For indeed such is the mercy and dispensation of God : Gods law decrees 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 ; according to that of S. Paul , judge your selves , brethren , that ye be not judged of the Lord. If we humble our selves , God will exalt us ; if we smite , he will spare ; if we repent , he will repent : but therefore in these cases between 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 Moses , 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 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 oblation , to make his own amends , to confess willingly his sin , was in effect tied to nothing but to a voluntary repentance . And thus it is also in some proportion in humane laws . 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 . For 1. 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 adultery : the offending party looses his or her right respectively over the body of the other , and cannot lawfully demand conjugal rights . The injurious 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 . 2. A man can inflict punishment upon himself . Thus Zacheus 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 restitution were spontaneous , he was tied onely to the principal , and the superaddition of a fifth part , as appears above . But he chose the punishment , even so much as the Judge himself could have inflicted . Thus we read of a Bishop in the primitive ages of the Church who , quia semel tactu foemineo sorduerat , because he had once fallen into uncleanness , 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 proportionably 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in relation to others , in commutative and distributive justice , and publick and private charities ; yet 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 compel him , that is , she hath competent authority to doe it : and then he is bound in Conscience . 3. In matters favourable , 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 reason of this , it will be of equal force in the present inquiry . For when matters 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 necessary . 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 notorious , and he is willing enough to enter upon the inheritance ; and therefore 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 punishment , 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 penalties a law is but a dead hand and a broken cord ; the law annexes punishments , 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 . 4. Besides this , there are some actions of so evil effect as to the publick , 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 repentance , 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 humanity every man will condemn some sins ; even though themselves be the guilty persons . However the law takes the wisest course to give an universal sentence , that as the man is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so he may be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , self-accus'd , and self-condemn'd ; and not to expect the contingent discovery , and the long deferred solemnities of law . Some sins goe before unto judgment , saies the Apostle , and some follow after : that is , some are condemn'd ipso jure by the law , and the man does ipso facto incurre the penalty ; others stay for the sentence of the Judge . 5. In the Court of Conscience every man is his own accuser , 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 himself 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 punish 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 , The thing therefore is just , and reasonable , and useful . Now for the reducing of this to practice , and stating the cases of Conscience for the subject , as I have already done for the law-giver , I am to shew , 1. In what cases the Conscience of the subjects can be bound to inflict penalties upon themselves without the sentence of the Judge . 2. By what signs we shall know when the law does intend so to bind ; that is , when the sentence is given by the law , so that the sinner is ipso facto liable to punishment , and must voluntarily undergoe it . In what cases the Criminal is to be his own executioner . 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 , the conscience is bound to submit to that sentence , and by a voluntary or willing submission verify the sentence , such as are excommunication , suspension , irregularity and the like . Thus if irregularity be ipso facto incurr'd , the offending 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 ipso facto 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 . 2. If the law imposes a penalty to be incurred ipso facto , 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 something to be acted by the guilty person upon himself . Thus if excommunication be incurred ipso facto , he that is guilty of the fact deserving it , & is fallen into the sentence , is not onely bound to submit to those estrangements 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 Conscience 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 sentence : 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 . 3. The law does not oblige the guilty person to such active executions of the sentence which are meerly and intirely active ; 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 , & this be ipso jure incurred ; the guilty person is not tied to carry all his goods to the publick 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 waggons 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 . 4. In punishments corporal the laws doe not proceed without the sentence of the Judge ; except it be in the court of Conscience , which is voluntary and by choice . Thus no man is ipso jure 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 : & 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 . Plutarch tels of Teribasus , that being arrested by the officers of death he resisted with such a bravery as he us'd against the Kings enemies ; but being told that they were sent by the King , he presently reached forth his hands and offer'd them to the Lictors to be bound . But this was no great matter , it was necessary , and he that is condemn'd to die by a just authority , 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 Stilico at the command of his son in law , Honorius the Emperour . It was more which was done by the Lithuanians under Vitoldus their King , who was brother to that Vladislaus famous for a memorable battel against the Turks ; he commanded many to death , and they died without the Hang-man's hand , being the executioners of their King's laws upon themselves . And Sabellicus tels , that the Ethiopians , 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 family 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 therefore 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 rebel , 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 . 5. Condemn'd persons are not tied to put themselves to death , 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 dismembring . 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 immediate 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 carried ; 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 France , and is reported of Marshal Biron , to fight with the Executioner , 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 without 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 passiveness 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 unwilling 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 cases 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 declar'd against ; for that is all which is left to be done by the oppressed person . 6. When the punishments are principally or meerly medicinal , 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 undecency 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 expiation , 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 Consciences , no Executioners but our selves . This relies upon the former reasons , and the meer authority of the law , and the nature of the thing free from all objections . 7. All sentences of law which declare a fact to be void , or a charge and expences to be lost , or a priviledge to cease , are presently obligatory to the Conscience . Irrita prorsus ex nunc , & vacua nunciamus , is usual in the stile of laws : & sit ipso jure irritum & inane ; & careat omni robore firmitatis , non obtineat vires ; let it be of no force , let it not prevail , let it be void , let him want all priviledge , all honour , dominion , action , or profit . 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 ; let it want force , that is , let it want all force , that is , be of no use at all ; careat is as much as omnino , penitus , prorsus careat . 8. But these particulars suffer one limitation . 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 ipso jure , if the fact be made publick , and brought before the Judge : Because he taking it into his cognisance , revokes 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 England , and are not yet repeal'd , Not●rius percussor Clerici , he that openly or manifestly strikes a Bishop or Priest , is ipso jure 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 sentence of a man. 9. But yet this is also so to be understood to be true in all exceptis sententiis irritantibus , excepting sentences of the declaring actions to be null , or priviledges void . 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 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 Athens , who upon the first news of Alexander'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 action was null , it was null all the way ; if he sayes it be dead now as a punishment 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 . 10. And this also holds , 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 respective duties . But although the guilty person be in conscience regularly oblig'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 directly 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 Cicero ; 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 authority to bind where she intends to bind , as if she speaks by her Judges . These considerations and this whole question is of great use in order to some parts of repentance , 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 ipso jure forfeit his Ecclesiastical 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 . But then for the reducing of it to practice , I am next to account by what signs we shall know when it is sententia lata à jure , when it is lata ab homine ; when it is lata , and when ferenda ; that is , when the Criminal is to attend the sentence of the Judge , and the solennities of law and execution 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 . Signs by which we may judge when the Criminal is condemn'd ipso facto . The surest measures are these . Those laws contain sententiam latam , and oblige the Criminal to a spontaneous susception of the punishment , when 1. the law expresly affirms , that the guilty person does ipso facto incurre the sentence without further process , or sentence of the Judge . 2. When the law sayes , that the Transgressor shall be bound in conscience 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 Castile divers instances to this purpose ; particularly , after the assignation of the Secretaries fee , appointing how much he may receive for the instruments of grace which he makes , it is added , Jurent quod observabunt eaquae in pracedenti capitulo ordinata sunt , & quod non accipient munera , & quod solvent poenas si in eas inciderint , ad quas ex nunc eos condemnamus , ità ut sint obligati in foro conscientiae ad solvendum eas , absque hoc quod sint ad illas condemnati . And the same also is a little after decreed concerning Judges and publick Notaries , 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 Conscience 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 . 3. In censures Ecclesiastical it hath sometimes been the usage of the Legislator to impose a penalty , adding , that donec satisfecerit , 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 ipso facto incurred by the Delinquent , because it leaves a secret tie upon his Conscience obliging him to doe it ; which were needless , if the Criminal Judge were to be intrusted with it , for he is otherwise sufficiently intrusted with compulsories to secure the executions . Of this nature is that Constitution of Innocentius 4. cap. Romana , § . procurationes , de censibus , lib. 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 , qualitercunque offeratur , under what pretence soever it be offer'd , lest he be found to seek that which is his own , not that which is of Jesus Christ ; adding , Quod si fuerit contrà praesumptum , recipiens maledictionem incurrat , à qua nunquam nisi duplum restituat 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 restored it two-fold . This relies upon the former reason . 4. Panormitan gives this rule , That when a sentence is set down in the law in words of the present or preter tense , it concludes the sentence to be ipso facto incurred ; for whatsoever is ipso jure decreed , is ipso facto incurred : and of this decree , the present and past tenses ( saies the Abbat ) are sufficient indication . That is , if the words be damnatory ; [ as excommunicamus , anathemate innodamus , we doe deprive him of all rights and offices , &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 decernimus , definivimus , declaramus , and the like . But if these words signify onely ministerially , and not principally , that is , if they be joyned with other words in the present or past tense , then they declare the sentence past and ipso facto to be incurred ; as declaramus eum privatum dominio bonorum ; then the case is evident . 5. Of the same consideration it is when the sentence of the law is set down with the verb substantive Sum , of what tense soever , unless by a future 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 , est , or erit infamis , is or shall be infamous ; the sentence is ipso jure lata , inferr'd by law , and ipso facto 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 properly or by grammar , but by rude custome . This note I have in A. Gellius , Verbum esse & erit , quando per se ponuntur , habent atque retinent tempus suum ; cum vero praeterito junguntur , vim temporis sui amittunt , & in praeteritum contendunt . If these words be not altered , they signify just by themselves ; est or erit excommunicatus , or infamis , signifies the punishment to begin as soon as the fact is done : but est excommunicandus , that is a future that relates to another time , and staies for the sentence of the Judge . But there must be something more to clear this . For if erit be the future tense , why shall it not as well signify sententiam ferendam , as est excommunicandus ; 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 [ est excommunicandus ] that is , he is to be excommunicated , viz. by the sentence of his ordinary judge : but erit infamis , or erit excommunicatus , implies no mans action at all , but supposes the thing finish'd without any more to doe ; and then comes in the rule of Nigidius in A. Gellius before spoken of . Infamis signifies presently , that is , he shall be so from the doing of the crime ; and excommunicatus 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 delight himself by seeing seventy five fallencies , and alterations of cases by the variety of tenses expressed in words of law , in Tiraquel in his excellent and large commentaries in L. Si unquam , C. De revocandis donationibus , in the interpretation of the word Revertatur . For my own part , I am content to assign such measures as are sure , plain , easy and intelligible . Nobis non licet esse tam disertis . 6. The sentence of the law does presently oblige the Conscience if it be expressed in adverbs of hasty or present time ; such as are confestim , illico , extunc , extemplo , presently , forthwith , from thence forward , and the like : for those who appoint the punishment to be incurred without any interval of time , in effect say that we are not to expect the dull and long protracted methods of Courts , and Judges , and commissions , and citations , and witnesses , and adjournments . Protinus , i. e. non expectato judiciorum ordine , say the Lawyers . Protinus ad regem cursum detorquet Hiarbas . Forthwith , that is , without the longer methods of the Court. Nec mora , continuò matris praecepta facessit . 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 therefore 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 Tiraquel much blamed for quoting Bartholus , Baldus , and Salicetus for the signification of the word [ Mox , by and by ] 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 , Erasmus and Calepine , Valla and Linacre , Cicero and Terence , Priscian and Donatus , were the most competent Judges . There is something on both sides which is to weigh down each other according as some other cosideration 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 , 7. This being in matters of load and burden , 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 Consciences 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 [ Mox , by and by ] be us'd in a sentence of law , because we find that in some very good Authors it signifies with some interval of time , ( as in Cicero , Discedo parumper à somniis , ad quae mox revertor ; & , praeteriit villam meam Curio , jussitque mihi nunciari se mox venturum ; ) therefore we may make use of it to our advantage , and suppose the Conscience of a delinquent at liberty from a spontaneous execution of a sentence of law , if for that sentence he have no other sign , but that the word Mox is used in the law . In poenis benignior est interpretatio facienda , 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 proportion to this Panormitan gives this rule , When the words of the law signifiy the time past , or the time to come , we are to understand it in the more favourable sense ; and that it includes the sentence of the Judge , before which the Criminal is not oblig'd . 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 reasonable , peaceful , and consonant to the common opinion of the Lawyers , ought to pass for a just conclusion and determination of Conscience . 8. After all , 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 sententia lata à jure , 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 purpose 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 de facto marries the adulteress , and consummates the marriage , it will be too late to complain to the Judge ; for he cannot annul the contract afterwards . 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 . THE first part of this Rule hath in it but little difficulty : 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 scourgings , and grievous and sickly imprisonments , we owe not onely obedience 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 . But the other evils are such as are intolerable in civil and natural account ; and every Creature declines death , and the addresses and preparations 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 . Non peccat quisquam cum evitat supplicium , sed cum facit aliquid dignum supplicio ; He that avoids his punishment sins not , provided that in so doing he act nothing else worthy of punishment . So S. Austin . This relies also upon a tacit or implicit permission of law ; 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 execution , 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 expresly 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 . But now for the other part of the Rule there is some more difficulty ; which is caused by the great example of some great and little persons , who to prevent a death by the hand of their Enemies , with the additions of shame and torment , have laid violent hands upon themselves . So did Zeno and Chrysippus , Cleanthes and Empedocles , Euphrates the Philosopher and Demosthenes , Cato Uticensis and Porcius Latro , Aristarchus and Anaxagoras , Cornelius Rufus and Silius Italicus . The Indians esteem'd it the most glorious way of dying , as we find in * Strabo , a Olympiodorus , and b Porphyry : and Eusebius 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 ; manebant testamenta , pretium festinandi , saith c Tacitus , that was the price of their making hast . Plato discoursing of this question , said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Peradventure a man must not doe violence to himself , for they say it is not lawfull . Upon this , Olympiodorus 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 woman , 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 Seneca 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 spectacles ; and of another that dyed by a pertinacious holding of his breath . But that of Sampson , and Saul , and Razis , 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. Chrysostome tels of S. Pelagia ; Pelagia virgo quindecim annos nata sponte sibi necem maturavit . Parata quidem erat ad cruciatus tormentáque & omne suppliciorum genus perferendum : 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 . Upon which fact of hers he thus discourses , Hence you may perceive , that the lust of the wicked Hang-men struck fear into Pelagia , 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 necessary to lose the one of them , she had a just cause by her own voluntary death to prevent so great an injury . And S. Ambrose writing to his Sister Marcellina , 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 Pelagia . To which I adde also S. Hierome , who though he gives express testimony to the Rule , yet he excepts the case of Chastity ; Non est nostrum mortem arripere , sed illatam ab aliis libenter excipere : unde & 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 , — heu quanto melius vel cade peractâ Parcere Romano potnit fortuna pudori ? in other cases we must lay down our necks under him that strikes . And this seems reasonable , because as the Emperour said , Viris bonis metum istum [ pudicitiae amittendae ] majorem esse debere quam ipsius mortis , He that fears to lose his Chastity , fears more justly then he that fears to lose his Life . To this I answer , 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 Livonia , and in their sacking of the City Wenden us'd all manner of cruelties and barbarous immanities to men and women , filling all the streets and houses with blood and lust ; a 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 . Now Laurentius Muller , who tels the story , sayes , that although the Preachers of Riga did in their Pulpits condemn this act of the Women and Maidens : yet the other Livonians and the Moscovites themselves did not onely account it sad and pitiable , but excellent and admirable . And so the Author of the Books of Maccabees commends the fact of Razias 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 . S. Austin denies to him the praise of magnanimity ; Magis enim mens infirma deprehenditur , quae ferre non potest duram corporis sui sanitatem , vel stultam vulgi opinionem , It is not greatness , but littleness of spirit , it is either impatience or pride , 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 Josephus , who excellently and earnestly proves it to be cowardise to lay violent hands upon our selves ; and both of them might have it from Aristotle , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To dye that we may avoid poverty , the torments of love , or any evil affliction whatsoever , is not the part of a valiant man , but of a coward . Hostem cum fugeret , se Fannius ipse peremit . Hic rogo , non furor est , ne moriare mori ? Fannius 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 , like Fannius his case of fear , — mortísque timorem Morte fugant , ultróque vocant venientia fata : or as S. Chrysostome's expression is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To dye before the wound is given , and to leap into the sea for fear of shipwreck : It is to doe violence to our body to preserve it chast , to burn a Temple to prevent its being prophan'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 Abraham , 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 Virginity , 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 certain 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 austere ●●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. Pelagia , and the Virgins which S. Ambrose 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 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 Hangman '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 ▪ lest we should be dishonour'd or tempted in another instance : and it is not bravery , but want of courage ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is softnesse and effeminacy by death to flie the labours of a sadder accident , saies Aristotle . But be it this or not this , it is certain it is something as bad . 1. It is directly against the Commandement : and it is not for nothing that in all the Canonical books we find no precept , no permission from God , saith S. Austin , ut vel adipiscendae ipsius immortalitatis , vel ullius carendi , cavendíque mali causâ nobismet ipsis necem inferamus . Nam & prohibitos nos esse intelligendum est , ubi Lex ait , Non occides : That either for the gaining of immortality it self , or for the avoiding of any evil we should kill our selves . It is something like this which Aristotle saies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 : that is , because the law commands no man ( though he be condemn'd ) to kill himself , therefore the law forbids 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. Austin addes beyond this , For then we were forbidden to doe it , when God said , Thou shalt doe no Murder . And therefore it is observable that although God said , Thou shalt not bear false witnesse against thy Neighbour ; yet he did not in this Commandement adde that clause of [ contra proximum ] nor in that of adultery ; intimating that we must neither pollute nor destroy our own bodies any more then the body of our neighbour . 2. To prevent the hand of justice or of Tyranny in striking , is sometimes 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 . Caius 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 Pontanus tells that when Angelus Ronconius was accus'd to Pope Nicolas the fifth that he had given way to Aversus whom the Popes forces had enclosed , and gave leave to him to pass over Tiber , 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 Ronconius , 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 therefore for himself to hasten it is against prudence , and hope , and charity . 3. The argument of Lactantius is very good ; Si homicida nefarius est qui hominis extinctor est , eidem sceleri obstrictus est qui se necat , If he that kills another is a wicked homicide , so also is he that kills himself . Nay he is worse , said S. Chrysostom . And this besides that it relies upon the unlimited , indefinite Commandement , which must be understood universally 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 measure 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 measure , the standard and the proportion being taken away . 4. To put our selves to death without the Command of God or his lieutenant is impiety and rebellion against God ; it is a desertion of our military 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 Cicero commends that saying of Pythagoras , nequis injussu Imperatoris , id est , Dei , de praesidio & statione vitae discedat ; 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 Plato , Piis omnibus retinendum esse animum in custodia corporis , nec injussu ejus à quo ille est datus ex hominum vita migrandum esse , ne munus humanum assignatum à Deo defugisse videamur . The reason is very good : God gave us our soul and fixt it in the prison of the body , tying it there to a certain portion of work , and therefore we must not without his leave goe forth , lest we run from our work that God hath commanded us . Josephus saies it is like a servants running away from his Masters service : Et serv●s quidem fugientes ulcisci justum creditur , quamvis nequam Dominos fugerint ; ipsi verò fugimus Deum & 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 ? And therefore Brutus condemn'd the fact of Cato his Father-in-law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It was neither manly nor pious to sink under his fortune , and to flie away from those evils which he ought to have born nobly . And therefore the Hebrews called dying , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a dismission : Lord , now lettest thou thy servant depart in peace , said old Simeon ; Nunc dimittis . 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 destroying the noblest of his works below ; 2. impious , by running from his service ; and 3. distrustful of his providence . Nisi Deus is , cujus hoc Templum est omne quod conspicis , istis te corporis custodiis liberaverit , in coelum aditus tibi patere non potest , said Cicero , 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 Hierocles , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Said S. Gregory Nyssen , We must stand bound , till God untie us . 5. For a man to kill himself is against the law , and the voice , and the very prime inclination of Nature . Every thing will preserve it self : No man hateth his own flesh , but nourisheth and cherisheth it , saith the Apostle : 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 violent hands upon our selves . When some of the old Romans hanged themselves to avoid the slavery that Tarquinius Superbus impos'd upon them of making publick draught-houses ; he commanded the dead bodies to be crucified , saies Servius . So did Ptolemy to the body of Cleomenes who had killed himself ; and Aristotle saies it was every where receiv'd , that the dead bodies of self-murderers should be disgrac'd some way or other ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by denying them burial : that was the usual way . So did the Milesians to their maidens who hang'd themselves , they expos'd their bodies to a publick spectacle : and Strabo tells that the Indian Priests and wise men blam'd the fact of Calanus , and that they hated those hasty deaths of impatient or proud persons . Alieno scelere quam meo mori malo , said King Darius , I had rather die by the wickedness of another , then by my own . 6. Aristotle 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that kills himself does wrong to the city ; and is after death disgrac'd as an unjust person to the publick . Now then to the examples and great precedents above mentioned I shall give this answer . 1. That Sampson is by all means to be excus'd , because S. Paul accounts him in the Catalogue of Saints who died in faith ; and therefore S. Austin 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 therefore I like that better which Peter Martyr saies in this inquiry ; He did primarily 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 command 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●e , and by command ; else they are not to be excused : and he that gives it must take care it be just and reasonable . Thus did the brave Eleazar Habaran the brother of Judas Maccabaeus : he supposing their grand enemy Antiochus 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 Antiochus he would venture himself or suffer death . 2. The fact of Saul is no just precedent , 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 Saul and Sampson , 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 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 . 3. For Razias , Lipsius saies it is a question whether it was well or ill done ; and who please to see it disputed may read Lucas Brugensis on one side and Nicolaus de Lyra upon the other . For my own part I at no hand believe it fit to be imitated ; but concerning what brave and glorious persons 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. 4. But of that which is most difficult I have already spoken something ; 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 : ac per hoc & quae se occiderunt , ne quicquam hujusmodi paterentur , quis humanus affectus eis nollet ignosci ? Every man ( saies S. Austin ) will pity , and be ready to excuse , or to wish pardon to such women who kill'd themselves to preserve their honour . Cicero tells of certain noble Virgins that threw themselves into pits to avoid the shame of their enemies lust : and S. Hierom tels of seven Milesian Virgins , who , to prevent the rudeness of the Gaules that destroyed all Asia , laid violent hands upon themselves . The Greek Epigram mentions them with honour , but tells but of three : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . They chose a sad death before a mixture with the lustful blood of the Galatians . 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●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 Antioch under Diocletian ; more under Chosroes the Persian ; Sophronia under Maxentius ; S. Pelagia 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. Chrysostome , who commended this manner of death upon the account of chastity , yet is not constant to it , but blames it in his commentaries upon the Galatians : and the third Council of Orleans commanded that the oblations of them that died by the hands of justice should be received , Si tamen non ipsi sibi mortem probentur propriis manibus intulisse , 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 Procopius , which is a just determination of the case in it self . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . To which he addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , This also ought to be considered , that no man ought to be impious or ungratefull towards God. 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 , 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 ( so was the custome of those times ) let him give , and say prayers and psalms , but not celebrate the solemn sacrifice for them ; quia incomprehensibilia sunt judicia Dei , & profunditatem consilii ejus nemo potest investigare , Because the judgements of God are incomprehensible , and the depth of his counsels no man can fathom . This was more gentle then that of Virgil , Proxima deinde tenent moesti loca qui sibi lethum Insontes peperere manu , lucémque perosi Projecere animas , quam vellent aethere in alto Nunc & pauperiem , & duros perferre labores . He appointed a sad place in Hell for them that so cheaply out of impatience , 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 declin'd . But he knew nothing of it , neither doe I , onely that it is not lawfull . But how they shall fare in the other World who upon such great accounts are tempted , is one of God's secrets , which the Great Day will manifest . If any man will be pleased to see more against it , he may find it in a S. Austin , b Hegesippus , c Nicephorus Blennidas , d Heliodorus , and divers others , well collected by Fabrot in his 5th Exercitation . RULE IV. He that hath suffered the punishment is not discharg'd in Conscience , unless he also repent of the disobedience . THis Rule is in effect the same with the first Rule of the first Chapter of this Book : 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 discharg'd , and because it ministers some particularities of its own , I have therefore chosen distinctly to consider it . In this inquiry penal laws usually are distinguish'd into laws purely penal , 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 . So Moses to the Children of 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 . 2. A mix'd penal law is when with the precept or prohibition the penalty is adjoyn'd : so said God , Ye shall not hurt the widow or the fatherless ; 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 . And of the same nature is that Canon of the Council of Agatho , We doe by a special order command 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 . 3. Other laws are purely moral , that is , preceptive without any penalty . This distinction Silvester derides as childish , and of no use ; but others deride 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 * ; 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 penal and prohibitive . 1. But why are punishments decreed in laws ? are they for the obedient , 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 rewarded , and not punished ; if the thing after the sanction be still indifferent , 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 Subjects 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 . 2. Adde to this , 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 . 3. The saying therefore of S. Austin hath justly prevail'd , Omnis poena si justa est , peccati poena est , & supplicium nominatur , Every penalty is relative to an offence , and is called punishment . 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 pardon and the King 's , for having done a sin by which onely he could be oblig'd to punishment . Reatus or guilt , both in Divine laws and in humane , is an obligation to punishment : for reatus poenae and reatus culpae differ but as the right and left hand of a pillar ; it is the same thing in several aspects and situations . And Lucius Neratius 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 him whom he had smitten XXV Asses , a certain summe which was by the law of the XII Tables impos'd upon him that did an injury : but consider'd not that 〈◊〉 that while he was a base and a trifling fool for doing injury to the Citizens . This Rule hold ▪ in all without exception : it seems indeed to fail in two cases , but it does not ; onely the account of them will explicate and confirm the Rule . 1. In actions which are not sins , but undecencies , or unaptnesses to a state or office and action , the evils that are appendant to them are also but quasi poenae , 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● 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 punishment . And if at any time these appendages are called punishments , it is by a Catachresis 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 , Sine culpa , nisi subsit causa , non est aliquis puniendus , No man is to be punished without his fault , unless there be cause for it : 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 measure is to be understood , Etsi sine causa non potest infligi poena , potest tamen sine culpa . The word poena is taken improperly for any evil consequent or adjunct . 2. This seems to fail in laws that are conditional or conventional ; 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 & 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 . Of the same consideration are all promises and vows and contracts 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 . Haud scio ( saies Cicero ) an satis sit eum qui lacesserit , injuriae suae poenitere . 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 prevents 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 that together . 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 . ALL the wisdome of Mankind hath ever been busy in finding out and adorning Truth , as being that in which we are to endeavour to be like God , who is Truth essentially : and therefore Pythagoras in Aelian did say , that the two greatest and most excellent works that God gave to Mankind to doe , are the pursuits of Truth and Charity ; for these are excellencies for which God himself is glorious before Men and Angels . The Persian Magi say , that Oromagdes ( so they called the greatest of their Gods ) was in his body like light , and his soul was like truth ; and that therefore by truth we are like to God , but by a lye we are made mortal ( sayes Plato . ) Veritas , quomodo Sol illuminans colores , & album & nigrum ostendit , qualis sit unusquisque eorum , sic ipsa quoque refellit omnem sermonis probabilitatem ; 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 , that is , of perfection , or vertue Heroical , said S. Clement . This is true in all regards : but the question is , 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 infirmity , and their understandings of deception , and they have ends to serve which are just , and good , and necessary ; and yet they cannot be served by truth , but sometimes by errour and deception . And therefore the Antients described Pan , who was the son of Mercury , their God of speech , with the upper part like a man , and the lower part like a beast , rough , hairy 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 , ( quia mendacii multiplex divortium , 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 , 1. Whether it can in any case be lawfull to tell a lye . 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 . 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 . 4. Whether it be lawfull by actions and pretences of actions to deceive others for any end ; and in what cases it is so . Question I. Whether it can in any case be lawful to tell a lie . To this I answer , that the Holy Scriptures of the Old & New Testament doe indefinitely and severely forbid lying . A righteous man hateth lying , saith Solomon ; and Agur's prayer was , Remove from me vanity and lies . For the Lord will destroy them that speak lies . And our Blessed Saviour condemns it infinitely by declaring every lie to be of the Devil . 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 , saith S. Paul : For all liers shall have their part in the lake which burneth with fire and brimstone . Beyond these things nothing can be said for the condemnation of lying . But then lying is to be understood to be something said or written to the hurt of our neighbour , which cannot be understood otherwise then to differ from the mind of him that speaks . Mendacium esse petulanter , aut cupiditate nocendi aliud loqui , seu gestu significare , & aliud sentire : so Melanchthon : 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 neighbour 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 . Vehementer errant qui tradunt orationis esse proprium significare verum necessarium , said Scaliger : 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 & to doe no evil , though the words have not in them any necessary truth , yet they may be good words . Simonides and Plato say it is injustice and therefore evil : so does Cicero , and indeed so does the Holy Scripture , by including our neighbours right in our speaking truth ; it is contra proximum , 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 impious when he saies a lie . But a lie is an injury to our neighbour ; who because he knows not the secret , is to be told that in which he is concerned , and he that deceives him abuses him . For there is in mankind an universal contract implied in all their entercourses , 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 , and then as good and better not speak at all . Humanae aures verba nostra talia judicant , qualia foris sonant . Divina vero judicia talia esse audiunt , qualia ex intimis proferuntur . 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 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 , it is that S. Austin affirms it to be simply unlawful , and that it can in no case be permitted , Nisi forte regulas quasdam daturus es quibus noverimus ubi oporteat mentiri , ubi non oporteat ; by way of confidence and irony : he condemus it all , unless peradventure ( sayes he ) you are able to give us rules when a man may lie , and when he may not . Quod non est bonum , nunquam erit bonum , that which is not innocent in it self , can never be made so . But vitia non sunt quibus rectè uti licet ; 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 , This right though it be regularly and commonly belonging to all men , 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 . 1. Therefore upon this account it was lawful for the Children of Israel to borrow Jewels of the Egyptians , which supposes a promise of restitution , though they intended not to pay them back again : God gave them commandement so to spoil them , and the Egyptians were devested of their rights , and were to be us'd like enemies . 2. It is lawful to tell a lie to children or to mad-men , 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 mischief . 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 deceives him , but because it deceives him to his prejudice . Quintilian the great Master of children saies , Utilitatis eorum gratiâ multa fingimus , We feign many things to affright or allure Children to good , and from evil respectively . 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 Physitians , that it grew to a Proverb , Mentiris ut medicus ; which yet was alwaies to be understood in the way of charity , and with honour to the profession . 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 , & therefore may chuse what he hath a mind to , and therefore to cosen him is to injure him ; & 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 Parents may not tell them every lie ; they may not teach them lies and make them confident in vanities ; but for their good , govern them as they can be governed . Ut puerorum aetas improvida ludificetur , all the world consents , when it is for their improvement . And to this is reduc'd the permission of inventing a wittie fable , or telling a false story , to gain ground upon him that believes a false opinion , and cannot any other way so easily be confuted . Thus when two Eutychian Bishops , who believing that the two natures of Christ made but one , did consequently believe that the Divinity did die as well as the Humanity in the death of Christ , came to the Court of a Saracen Prince , he pretended great sorrow and conste●nation of mind at the receipt of some letters ; into the contents whereof when they with some curiosity inquired , the Prince with a seeming great sorrow told them he had receiv'd certain intelligence that the Archangel Gabriel 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 disputation , that upon that false supposition a true Conclusion may be erected . 3. It is lawful to tell a lie to our neighbour by consent , provided the end be innocent or pious . Thus S. Chrysostom and S. Hierom say that S. Peter suffer'd himself to be reprov'd by S. Paul before the Gentiles for too much compliance with the Jews : not that he did it seriously , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he acted a part by consent to establish Christian liberty amongst the Gentiles . I doe not consent to the instance , because S. Paul tels it to the Galatians as a solemn story and a direct narrative , adding withall dogmatically , that S. Peter was to be blam'd : 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 society well enough , and his words , though they are not agreeable to his ordinary mind , yet they are made to be so by particular institution and designe . 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 . 4. To tell a lie for charity , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To tell a lie to save a life is no harm , said old Pisander . Thus the Egyptian midwives are commended because by their lie they sav'd the Israelitish infants . O magnum humanitatis ingenium ! O pium pro salute mendacium ! saies S. Austin of them : it was an excellent invention of kindness , and a pious lie for the safety of the innocents : and S. Ambrose and S. Jerome commend them so , that they suppos'd them to receive eternal rewards . The same was the case of Rahab ; to whom it should seem that Phinehas , who was one of the spies , had given instruction and made in her fair dispositions to tell a lie for their concealment . For when she had hidden Caleb , Phinehas said to her , Ego sum Sacerdos , Sacerdotes verò , quippe Angelorum similes , si volunt , aspectabiles sunt ; si nolunt , non cernuntur . But she made no use of that , but said directly they were gone away . Concerning which lie of hers S. Chrysostom cries out , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , O excellent lie ! O worthy deceit of her that did not betray the Divine persons , but did retain piety ! Thus we find S. Felix telling a lie to save his life from the Heathen Inquisitors . Felicem sitit impietas — Felicemque rogant , Felix ubi cernitur : & non Cernitur ipse , nec ipse vir est , cum sit propè , longè est . — persensit & ipse faventis Consilium Christi , ridensque rogantibus infit , Nescio Felicem quem quaeritis : ilicet illi Praetereunt ipsum ; discedit at ille plateâ , Illudente canes Domino frustratus hiantes . They ask'd where Felix was ; himself answer'd , that he knew not Felix whom they look'd for : and yet no man finds fault with this escape . Deceptio & mendacium semper aliàs mala res , tunc tantum sunt usui quando pro remedio sunt amicis curandis , aut ad vitandum apud hostes periculum ; they are the words of Celsus in 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 . The same almost with the expression of Clemens Alexandrinus , who allows 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to lie when it is a remedy . So Lucian amongst the Heathens , Qui cum usus postulat 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 ; where also the Scholiast does allows an officious lie . So we must use a lie , saies Cassian , quasi naturae ei insit hellebori , as a man uses hellebore : and he commends Archebius for deceiving some persons with a charitable lie . It is therefore no wonder if Pliny commends Arria the wife of Caecinna Paetus for so often lying to her sick husband in the concealment of the death of their beloved boy ; which she therefore hid lest the grief should extinguish her Husband . In short , S. Austin saies that all the Philosophers , as Plato , Xenophon , Lucian , 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Proclus , For Charity is better then truth , and to save a mans life is better then a true story . The Archbishop of Tyre ( as I remember ) tells a story , that a malicious Saracen had secretly defiled one of the Mosques or places of worship which the Turks have in Jerusalem . 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 execution . Amongst them there was young man pious and noble , who seeing all his brethren in a sad condition and himself equally involved , by an officious 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 Jerusalem once a year marched with palms in their hands into the City to perpetuate the memory of that deliverance . 5. Now this may be better admitted in case the charitable lye be told to him to whom the good accrues ; for then there is a leave justly presumed , and he that receives the good is willing to receive it with the loss 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sayes 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 . 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 charitable deceptions which are by implicit consent or leave justly presumed : so Darius Hystaspes in Herodotus , Ubi expedit mendacium dicere , dicatur ; nam idem optamus , & qui mendacium dicimus , & qui veritatem . Every man is willing enough to be deceived into his own advantage ; and therefore when it is so , in such things where the man is willing to receive advantage , 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 . Mendacium nemini noxium , sed alicui commodum , honestum esse , said Bishop Heliodorus 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 Aesop , the Parables of wise men , and their dark sayings , the cases which Lawyers put , and the fictions of law , have their justification , Et prodesse solent , & delectare — They hurt no man , and doe good to every man ; they doe him profit , and they doe him pleasure . Exit in immensum foecunda licentia vatum , Obligat historicâ nec sua verba fide . Poets doe intend to teach , not to deceive , in their fictions , and therefore are allowed . 6. But if the lye be told to another for the preservation not of himself , but of a third person , then the case is more difficult , for here is no presumptive leave , but it is against the mind of the inquirer . Now concerning 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is at no hand good to tell a lye : but when a truth brings an intolerable evil , it is pardonable , but not commendable ; so the Greek Tragedy : because it is of it self evil to lye to our neighbour . Not that every false proposition 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 because it is unjust , and therefore not to be done for any good ; and it is in this very instance in which S. Paul 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 . I approve therefore the opinion of S. Austin , I am sure it was one of his opinions , for in this question he had more then one ; 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 pernicious , because it does not deceive , for it is taken but for a jest : the other is to lye for the good of our neighbour ; which therefore is the less , because it hath something in it of good will. And Tertullian is of the same opinion , who reckons this of necessitate mentiri , to lye in the time of need , amongst the sins of daily incursion , or of an unavoidable infirmity . And S. Austin discourses it very well ; When it is ask'd whether a good man may lye or no , we ask not after him that belongs to Egypt , to Jericho , or to Babylon , or to the earthly Jerusalem 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 answer , 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 . So that upon this account 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 argument 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 . And therefore we find great examples of Christians and of Heathens , whose Charity was not cold , but their love of truth and righteousness was much warmer then in the former examples . S. Austin tels of Firmus Bishop of Tagasta , 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 , Nec mentiri se posse , nec hominem prodere , 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 Probus tels of Epaminondas , and Plutarch of Aristides , 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 , Caret peccato quod ex duobus minus est . 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 suppose that it is just to save the man , or that we think it so : for to rescue a Malefactor , a Bandito , a Fugitive of law , hath in it no such obligation . But if it be just that the man be sav'd , that is a higher justice then the obligation 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 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 matter probable ; and if there be a doubt , it is enough to establish it : the question being uncertain , is enough to make the practice certain . 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 concern 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 given 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 Alexander dyed upon the floor , and not upon a feather-bed ? or that Pittacus 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 . Be not over-righteous , sayes Salomon . In these things there is no question but the pretences of little justice ought to serve the great end of charity ; 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 harmless 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 neither 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 . But then from these premisses the truth in the instance of the Rule is established ; for it is not lawfull for a guilty prisoner to say Not guilty , when he is justly interrogated . Christianum non mentiri etiamsi moriatur ex tormentis , said Clemens Alexandrinus , A Christian will not lye , though to escape death with torments : For the law sayes , Thou shalt not kill ; and the law sayes , Thou shalt not lye : 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 proceeding to definitive sentence , 1. the notoreity of the fact , 2. the conviction by witnesses , and 3. the confession of the party ; in the destitution of the first , to prevent the trouble of the second , the law interrogates concerning the third ; and it is as in the case of Joshuah and Achan , My son , give glory unto the Lord , and confess thy fault . 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 Criminal , 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 Government ; 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 whether 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 . 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 therefore not for the interest of any moral vertue , nor for the defence of righteousness ; 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 ; Nec videtur dolo fecisse qui fraudem excluserit , saies the law , l. Compater , § Titio , ff . de legat . secundo . He may be overthrown by art , so he be not by that which is false : sic ars deluditur arte . But in the case which the lawyers out of Baldus put , the question is evident . Agricola borrows of Sempronius five hundred pounds , and pays him at the day , but without witness : Sempronius sues him for the money : Agricola owes him none , but cannot prove the payment ; but yet may not when he is particularly interrogated , to save himself from injury , deny that ever the received any . He must confess the truth , though he pay the money again . Covaruvias 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 unjust , and therefore Agricola is not tied to answer rightly . But this is not well said nor well considered . For the Judge being competent may require him to answer ; and the intention of the question is not to know whether Agricola have paid the money yea or no ; but whether he borrowed it . For if he did , the Judge is afterward to inquire concerning the payment : and as Sempronius was tied to prove that , so is Agricola tied to prove this ; and a lie is not to be confuted by a lie , nor the error of Agricola in not taking witnesses or an acquittance to be supplied by a direct denial of a truth . * But if Sempronius have lent Agricola 500 li. whereof he hath received 200 li. if the Judge aske whether he ows him that sum which Sempronius demands , he may indefinitely and without more punctuality 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 Sempronius 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 majori summae negative prolatae minorem nec naturaliter nec civiliter inesse , say the lawyers . A man by denying the whole does not deny the part , though he that affirms the 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 much less may he doe it in an unjust cause , and for the defence of wrong . But [ much less ] 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 therefore become evil . And therefore the Greek that denyed the depositum 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 delivered 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 indeed , 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 . 7. It is lawfull to doe otherwise then we have said , 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 concerning 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 . 8. It is not lawfull to tell a lie to save our fame ; but we must rather accuse our selves then tell a lie , or commit any other sin . Nemo tenetur infamare se , is a rule universally admitted amongst the Casuists , No man is bound to discover his own shame . 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 disgrace 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 injury to the legitimate without discovering her self to her husband , Non tenetur , She is not bound to defame self . If her husband examine her concerning it , she may hold her peace : but if that increases the suspicion , she 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 . Navarre is the man whom I chuse for all the rest . 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 ; 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 , Peccavit , sed potest absolvi , licet taceat , & noceat patri putativo & haeredibus , quando timetur mors , vel amissio famae , &c. 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 clanculum necessaria surripere , may privately steale necessaries . So Diana . 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 affirm , that if Titius have disgrac'd Caius by punishing his secret shame to defame him , he is bound to make restitution of his good name , by denying 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 Emonerius . 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 . But then concerning our fame , we must rather let it goe , then let our duty goe . 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 humility . 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 publication 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 authority . 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 ashamed 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 . 9. It is not lawfull to tell a lie in humility , or the confession of sins and accusation of our selves . Cum humilitatis causâ mentiris , si non eras peccator antequam mentireris , mentiendo efficer is quod evitâras , said S. Austin . He that lies in humility , and calls himself a sinner in that wherein he was innocent , hath made himself a sinner by his lying . And this was it which Abbat Zozimus wittily and piously replied ; For when he said he was the greatest sinner , and the vilest of men , to him that reprov'd him for saying 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 ; Zozimus replied , You say very well , I ought to speak truth of my self & 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Aristotle ; to deny the good things that are in us , or to make them less , is dissembling . All pride is a lie ; but humility is truth : and therefore it is but a dissembling humility that lives upon the bread of deceit . Synesius Bp. of Ptolemais was a wise man and a great Philosopher . But when he was chosen Bshop he refus'd it passionately , & that his refusal might be accepted , declaim'd most bitterly against himself ; 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 Theophilus Bishop of Alexandria consecrated him Bishop , as knowing all this to be but stratagem and the arts of an odde phantastick humility . But it was ill done ; and Synesius had this punishment 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 Evagrius and Nicephorus report . 10. 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 amusements and intrigues of action , by ambushes and wit , by simulation or dissimulation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , by force or craft , openly or secretly , 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 ; craft is but the facilitation of the force ; 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 agreement 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is lawful to doe any thing to destroy your enemy ; 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 Elisha told a lie to the Syrian army which came to apprehend him , This is not the City , and this is not the way : & this is approv'd and allowed by Plato and Xenophon , Homer and Pindar , Polybius and Thacydides , Plutarch and Lucian amongst the Greeks , Philo amongst the Jews ; and S. Chrysostom amongst the Christians saies , If you examine all the bravest Generals , you shall find their bravest trophies to be the production of fraud and craft . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and that they were more commended then such who did their work by fine force . Thus the causing false rumors to be spread amongst the enemies is an allowed stratagem in warre , neither ignoble nor unjust . Flaccus told that Aemilius had taken the enemies town , to dishearten the party he fought against : and Quinctius 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 contrary , 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 Hannibal , that he professing open warre against the Romans did also profess it against faith and justice , keeping no word or promise if it was for his advantage to break it ; and the Trojans were troubled in conscience at their fallacious conducting of their warrs , not by stratagem , but by breaking their oaths and Covenants , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c We fight with lying and breaking promises , which is unlawful to doe . For concerning this thing , that even in warre we are bound to keep faith & promise made to our enemies , it is certain & affirmed by almost all wise & good men of the world : Liquet etiam in bello fidem & justitiam servari oportere , nec ullum decorum oportere servari , si violetur fides , said S. Ambrose ; and he proves it by the example of Joshuah , who kept his promise which the Gibeonites got fraudulently from him . And the same is the sentence of S. Austin ; fides quando promittitur , etiam hosti servanda est , contra quem bellum geritur : and therefore when Nebuchadnezzar had conquered Zedechiah , and taken him into protection and peace upon his word and promise of fidelity , because he afterwards did privately sollicite the King of Egypt 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 strangers , and supreme in their respective dominions , which the law properly signifies under the word Hostes , l. quos nos , ff . de verborum signif . for this is without question ; and therefore all men condemn those that violate Embassadors , or that break the laws of truce ; and every one blames Titus Labienus for wounding Commius of Arras under the colour of parlee : but Attilius Regulus is commended for refusing to give his voice in the Senate so long as he was not discharged of his oath made to the Carthaginians . 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 condemned persons , to Fugitive servants , such as Spartacus , Eunus and Athenio ; and the reason of all is the same . Inter quos juris alicujus communio est , inter eos obligationem contrahi , They that are under the same law are equally bound ; 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 Triphoninus 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 none of his , and therefore he can be oblig'd to repay them : and for thieves and fugitives the people of Rome did treat with them , and send Embassadors ; 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 Caius Rabirius , who was question'd for killing L. Apuleius Saturninus 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 . 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 A. Albinus made a peace with King Jugurtha , for which he had no commission , the Senate was not oblig'd to verify it ; and Camillus the Dictator broke the peace which the Romans had foolishly made with the Gaules ; and Scipio dissolv'd the contract which Masinissa and Sophonisba made without his leave , who had the power . In this there is onely caution to be had that there be no combination to deceive or rescind what is found to be disadvantageous , nor advantages taken by the change of hands . For if the Romans finding relief come , made Camillus Dictator that they might by pretence of his command break the peace , they did dishonourably and false ; but if he was Dictator before the peace , he had power , and he had reason . To this can be referr'd the case of two Italian Gentlemen . Guarino had injur'd Antonio de Imola ; but confess'd his fault , ask'd pardon , made amends : and then Antonio 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 Guarino was a Bandito , and therefore condemn'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 . Renunciatio sui juris per poenitentiam revocari non potest , saith the law , l. pactum , ff . de pact . 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 confidence , but in fighting there is none of that ; it is like wrastling and fencing , a design to make that part unarm'd where he may strike the surer : and of this S. Clemens of Alexandria affirms expressly concerning stratagems in warre , 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 perswasion , 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 , & quomodo oporteat uti unoquoque eorum , cum Graeci accepissent à Moyse , non parvam accepere 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 . In this case , all the prejudice which the Question is like to have , is in the meaning and evill sound of the word lying ; which because it is so hateful to God and man , casts a cloud upon any thing that it comes near : but lying ( which S. Basil calls extremam malitiae lineam , the extremity of malice , which S. Ephrem calls the Rust of conversation ) is indeed an enemy ; but in warre so it should be ; onely in peace and contracts , and civil conversation , 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 . A just man , saith S. Austin , is to take care of nothing but that his warre be just ; that is , by a just authority , and for a just reason . Cum autem justum bellum susceperit , 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 & perfidia are extremely different — dolus an virtus quis in hoste requirat ? and , bonum esse dolum si quis adversus hostem latronemve machinetur , said Ulpian , Craft against a thief or enemy is good ; but not perfidiousness . Nullo discrimine virtutis ac doli prosperos omnes laudari debere bellorum eventus , said Ammianus Marcellinus . To bring warre to a happy end , you may use force or wit ; but at no hand break a promise , or be treacherous . He that desires to see more particulars to the same purpose , may , if he please , see a Lipsius his politicks , and b Adam Contzen , together with the excellent examples of great and wise personages in Polyaenus and Frontinus . 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 Poggius upon this account lost the reputation of a good historian . Dum patriam laudat , damnat dum Poggius hostem , Nec malus est civis , nece bonus historicus . He was a good Citizen , but an ill historiographer , that commended all the actions of the Florentines , and undervalued their enemies . 12. Princes may not lie for the interests and advantages of Government . Not in contracts , treaties , bargains , embassies and all the entercourses 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 Egyptian 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 , & pietatem in Deos violant , & 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 . 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 Princes to lie is the greatest undecency in the world : and therefore Diodorus Siculus tells that the Egyptian Princes us'd to wear a golden chain mix'd and distinguish'd with curious stones , and they call'd it Truth ; meaning that nothing was a greater ornament to a Prince , nothing ought to be more sacred , or more remembred . Bodinus saies otherwise , and that Princes and Judges have leave , because sometimes they have necessity to lie ; and of the same opinion was Plato , 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 Numa ; 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 Aegeria . 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 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 : 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 . The next inquiry is concerning person Criminal , and so for others in proportion . 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 . To this I answer , 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 proposition , either signifies nothing , or is directly a lie . And upon this supposition , 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 lawfull 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 harmless , 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. The case is this . When Campian was taken in England , he gave out that his name was Butler : 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 borrowed , 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 in his thought , not at all , or , Hoc est nomen meum , and in mind have added , falsum ; and then the case would have been too plain , and too contemptibly ridiculous : like the Sycophant in Plautus , Advenio ex Selencia , Macedonia , Asia atque Arabia : this was a lye ; but he turn'd aside and spake softly , quas ego neque oculis neque pedibus unquam usurpavi meis , 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 answer , and the saying , 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 without 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 . And indeed this whole affair is infinitely unreasonable ; and the thinking 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 intercourse , 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 . But then I consider further , 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 . I doe not say that in all cases it is unlawfull to use mentall reservations , even in craftiness and escape . 1. S. Gregory hath a case in which he affirms it lawfull , Tyrannorum versutiam atque saevitiam quandoque esse piâ fraude deludendam , & objicienda eis quae credant , ut nocendi aditum non inveniant , 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 . And then he addes , this is to be done so , ut caveatur culpa mendacii ; quod tunc bene perficitur , cum illud fit quod asseritur , sed quod sit sic dicitur , ut celetur ; quia ex parte dicitur , & ex parte reticetur : 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. 2. Restrictions conditional are lawfull to be us'd in our entercourses : that is , the affirmation or negation , the threatning or promising of a thing may be cum tacita conditione , with a condition concealed ; when that concealment is not intended for a snare , but is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , unusual dispensation , and is competently presumed , supposed or understood . Thus God commanded Jonah to preach against Nineveh , Yet fourty dayes and Nineveh shall be destroyed ; meaning , unless they did repent . Thus we may say , I will to morrow distribute my alms , and will give you a part , meaning , 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 extraordinary 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 ▪ or next to impossible : for if it be such which cannot be understood , the reservation is a snare , and the whole entercourse is a deception and a lye . 3. If the reservation be not purely mental , but is understood by accidents and circumstances , it is lawfull . The Shepherd of Cremona 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 Morone's Flock . He said true , though his thought made up the integrity of his true proposition , 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 careless , or asleep ; and yet he sayes truth , though he speaks but half , because he deceives none , and is understood by all . Thus the Prophet Isaiah said to Hezekiah when he was sick , Thou shalt dye and not live ; 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 . 4. When things are true in several sense , the not explicating in what sense I mean the words is not a criminal reservation . Thus ou● Blessed Saviour affirmed , that himself did not know the precise day when himself should come to judge the World ; that is , as S. Austin , and generally the Christian Doctors say , as Man he did not know it , though being God he did know all things . But 1. this liberty is not to be us'd by inferiours , 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 superiours , and the voluntary speakers , and they which out of kindness 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 interest to enquire after , may be hindred . The conclusion is this , in the words of S. Gregory , Sapientia justorum est , nil per ostensionem fingere , sensum verbis aperire , The wisedome of just men is to make no pretences for deception , but by words to open the secret of their heart . Question III. 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 cases it is so . To this I answer as to the former , Where it is lawfull to lye , it is lawfull 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 innocent , that is , not deceiving , nor intended that it should . And this is that which the Hebrews call , corde & corde loqui , to speak dissemblingly , labiis dolosis , with lips of deceit . For it is remarkable , that corde & corde 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 . Tacitus observes of Tiberius , Verba ejus obscura , suspensa , perplexa , eluctantia , in speciem composita , His words were obscure , broken , interrupted , perplex and intricate , striving and forc'd , and made for shew and pretences . 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 , and it is all one : For nec artificioso ingenio , nec simplici verbo oportet decipere quenquam , quia quolibet artis modo mentiatur . 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 entercourse . Duplex responsio habet effectum simplici● silentii . You had as good not speak at all , as speak equivocally ; for a double speech is as insignificant as a single silence . 1. It is lawfull upon a just cause of great charity or necessity to use in our answers and entercourses words of divers signification , though it does deceive him that asks . Thus Titius the Father of Caius hid his Father in a Tub , and to the Cut-throats that inquired for him to bloody purposes he answered Patren in doliolo latere : now that did not only signifie a little Tub , but a Hill near Rome , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , somewhere in the wood . 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 , In ambiguo sermone non utrumque dicimus , sed duntaxat quod volumus , said Paulus the Lawyer , l. 3. ff . de rebus dubiis . Now that part of the ambiguity 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 answered , be not defeated without his own fault . For , 2. If I intend to deceive him , it must be such a person whom I have power to deceive ; some one that is a child , or a mad-man , or an incompetent 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 deceive him by any act of mine directly . 3. If it be fit that he be deceived , though I have no right to doe it , let him deceive himself ; it must be by his own act ; to which I may indeed 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 injustice 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 ●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 . 4. But then this must be so us'd , that the amphibology or equivocation 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 ignorant people . Thus if Caius promise to pay to Regulus an hundred Attick 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 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 hearer . But this may not be done in fraud and to the diminution of any mans rights . Asper buyes corn and linnen of Camillus who is newly come from Egypt : they agree together that Camillus 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 Asper sells his linnen by the proportion of the great price told over , he is a Cosener ; and uses the words of price , and payment , and gift , fraudulently : the amphibologie might have been us'd to ends of justice and reason , but not of knavery and oppression . 5. And this must also be upon just cause . For if a Magistrate sends to inquire for Titius , and the officers ask an Titius sit domi , if he be at home : to him we may not answer , Titius non est domi , he does not eat at home ; meaning the word est 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 sometimes used to vile purposes . Thus Cleomenes having made truce with his Enemies for thirty daies , us'd to plunder his Country in the night ; and Labeo having agreed to give up half his Navy to Antiochus , cut his ships in pieces and made them good for nothing . The like stories are told of Alexander , of the Locrians , of Otho Moguntinus . But it was a barbarous thing of Pericles , 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 nature 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 buttons 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 John Chokier , 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 liberty , 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 Husband , 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 Gonzaga 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 subdolus congressus , a craftie treatie , quo nil turpius , said Antoninus the Emperor , nothing is baser and more dishonourable then it . Thus did Darius to the Noble Oebasus the Father of three brave Sons , and Xerxes to Pythius 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 use to that which is rare , so it be within the signification of the word , provided there be just cause ; that which hath good in it to some , and no injury to any . 6. There is between lying and equivocation this only difference , that this may upon less necessity and upon more causes be permitted then lying . For provided that these measures now described , which are the negative 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 , equivocal words may be us'd with more freedome . Solvite Templum hoc , saies Christ , Dissolve this Temple , viz. of my body , and I will raise it up in three daies . So did that excellent Confessor in Eusebius , to Firmilianus asking of what Country he was , he answered , that Jerusalem was his Country ; Seorsim apud animum suum ita Divinitus philosophatus , privately in his mind speaking Divine mysteries , saies the Historian . 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 . Under these measures are to be reduced those little equivocations which are us'd sometimes in craft , but most commonly in wit ; such as are to answer by anagrams , so as to tell a true name but disguis'd by transposition of letters and syllables , or to give the signification of a name in other words . Thus if a man whose name is Dorotheus calls himself Theodorus , for Nicolaus , Laonicus , for Demonicus , Nicodemus ; it is an equivocation 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 serious and material , true , and significative to the purposes of law , and justice , and society . And therefore if Nicodemus had been interrogated by Pilate in a serious cause , he might not have said his name was Demonicus ; and the reason , is , because he might not have concealed it . But when it is lawfull 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 intended . Thus in the book of Tobit we find that the Angel Raphael called himself Azarias the son of Ananias , which indeed is the name of his office , or the Rebus , the meaning of his present imployment , that is , Auxilium Domini , Filius nubis Domini , The aid of the Lord , Son of the Lords cloud ; 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 Arsinoe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Juno's violet , 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 . Question IV. Whether it be lawful by false signes , by actions and pretences of actions , to deceive others for any good end : and in what cases it is so . To this question I answer in the words of Aquinas , because they are reasonable pious , Ad virtutem veritatis pertinet , ut quis talem se exhibeat exterius per signa exteriora qualis est ; ea autem non solum sunt verba , sed etiam factae : and a little after , Non refert autem utrum aliquis mentiatur verbo , vel quocunque alio facto , It is all one if a man lies , whether it be by word or by deed . A man may look a lie , and nod a lie , and smile a lie . But in this there is some variety : For 1. all dissembling from an evil principle and to evil purposes is criminal . For thus Tertullian declaims bitterly against those Ladies who ( saies he ) being taught by the Apostate Angels oculos circumducto nigrore fucare , & genas mendacio ruboris inficere , & mutare adulterinis coloribus crinem , & expugnare omnem oris & capitis veritatem , 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 pretence , and drive away all the ingenuity and truth of their faces . And Clemens Alexandrinus 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 Archidamus to a man of Chios who did stain his white hairs with black and the imagery of youth , the man was hardly to be believ'd , when he had a lie in his heart , and bore a lie upon his head . 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 Dio Chrysostomus speaks , 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 Holland 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 . 2. But there are other kinds of counterfeits , 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 minister to no evil , 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 . 3. There is a third sort of lying or deceiving by signs not vocal : that is , the dissembling of a passion , such as that of which Seneca complains in the matter of Grief , which is the simplest of all passions ; but pretended by some without truth to purposes not good . Sibi tristes non sunt , & clariùs cum audiuntur gemunt , & taciti quietique dum secretum est , cum aliquos viderint in fletus novos excitantur . So did Gellia in the Epigram , Amissum non flet cum sola est Gellia Patrem : Si quis ad est , jussae prosiliunt lachrymae . 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 . Mourn for the dead , saith Ben-Sirach , and that a day or two , lest thou be evil spoken of . That end is honest ; and therefore to mourn in solemnity is good , if we cannot mourn in passion : and the laws enjoyn to a man and woman respectively annum luctus , a year of solemn mourning ; all which time it is not suppos'd the passion should be troublesome and afflictive . Thus we find David pretending madness before Achish the King of Gath ; it was for his life : and we doe not find any of the ancient Doctors blaming the dissimulation . 4. But that which is here the principal inquiry is , 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 , * 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 dubious 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 . I have onely one thing to adde in order to practice . 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. Chrysostom saies , Fraudis quidem magna vis modo ne fraudulento animo fiat : quam ipsam tum ne fraudem quidem nominandam putaverim , verum Oeconomiam quandam potius ac sapientiam artemque , quâ possis è mediis iisque imperviis desperatarum rerum angustiis difficultatibusque correctis & emendatis animi vitiit evadere . 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 endeavours of perfection , 3. for the danger of sin , 4. for the peril of scandal . And it was bravely done of Augustus Caesar , who when he had promised ten thousand Sesterces to him that should bring Corocotta , a famous Spanish thief , alive into his presence ; Corocotta himself came and demanded the money , and had it , and he was spar'd besides : he escaped for his wit and confidence ; but had the money pro fide Caes●●is , according to the faith and nobleness of Casars justice : for he might have made use of the ambiguity of his words to have kept the money , and hang'd the thief ; but he thought it Nobler to doe all that he could be thought to have intended by his words . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Aristotle , The brave and magnanimous man does not sneak , but speaks truth and is confident . It cannot be denied what S. Clemens Alexandrinus said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a good man will for the good of his neighbour doe something more then he would doe willingly and of his own accord ; yet when it is his own case , it is better to let goe his liberty then to run a hazard . Sarah did lie , and she was reproved by the Angel ; Abraham did so too , saies Tertullian , Saram sororem suam mentitus est , but he was reproved by Abimelech : Jacob did lie to his Father , but he is not commended for it ; and Rachel did dissemble , but she died in childbirth , and it was occasioned by that , say the Jewish Doctors : Simeon and Levi destroyed the Sichemites by a stratagem , but they troubled the house of Israel by it : Thamar deceived Judah , but she plai'd the harlot in deed as well as in words . And concerning those worthy persons mentioned in Scripture who did lie or dissemble , the Christian Doctors have been put to it to make apologies , and excuses , and justifications for them , and are not yet agreed how to doe it . S. Basil and S. Chrysostome are two examples of several proceedings . S. Basil alwaies bore his heart upon his hand , and shewed it to every one that was concerned . Saint Chrysostome used craft against the simple , and fraud against him that spoke all things in simplicity . Chrysostome was forced with laborious arts to excuse and justifie it , and did it hardly : But S. Basil had no scruple concerning his innocence ; what he had concerning his prudence and safety does not belong to the present question . But of this last particular I have given larger accounts in a Discourse on purpose . The conclusion is this , If a man speaks a direct down-right lie , he can very hardly be innocent : but if by intrigues of words and actions , per involucra verborum ( as Cicero calls it ) per orationem intortam ( as the Comedy ) by covers of words , and by crooked speeches , a man have entercourse , he had need be very witty to be innocent according to the Hebrew proverb , If a man have wit enough to give cross and involved answers , let him use it well ; if he knows not how to doe it well , let him hold his peace . It was but a sneaking evasion of S. Francis , when the pursuers after a murderer 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 person . 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 ridiculous 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 no wit is sufficient for a crafty conversation . 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 . IN the law of Nature it was permitted : 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 Ephori among the Lacedaemonians might kill Criminals extrajudicially ; and Nicolaus of Damascus relates , that amongst the Umbrians every man was the revenger 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 necessary . 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 . Iccirco enim judiciorum vigor jurisque publici tutela videtur in medio constituta , ne quisquam sibiipsi permittere valeat ultionem , said Honorius and Theodosius , That no man might avenge himself , Laws and Judges and Tribunals were appointed for publick justice . But for this , 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 Phinehas , when he saw God was angry with the Sons of Israel about the matter of Moab , himself , to divert the anger that was already gone forth , smote Zimri , 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 Mattathias 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 therefore 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 . And yet in some cases God permitted private persons to be Executioners ; as in case a Jew tempted his Child , 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 person 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 the Doctors of the Jews ; because he ought not to be Judge where he could hardly be moderate . In the Sea , 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 Julius Caesar pursued the Pirats in the Mediterranean 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 Arabs and Circassian 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 Tertullian , In publicos hostes omnis homo miles est ; and that of Democritus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that kils a thief and a robber with his own hand , or by command , or by consent , is innocent , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But this is to be understood of the permission in the law of Nature . For in Christianity men are not easily permitted to touch blood ; 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 requir'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 Authority , and a great mercy , and an unavoidable necessity , and publick utility , and the fear of God alwayes before their eyes , and a great wisedome to conduct their greatest dangers . That which remains and is permitted in Christianity is , 1. The punishment of reprehension , of which every wise and good man may be judge and minister : for as S. Cyprian 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 Cicero ; ) and Nasica , and Cato , and Fabius , and Lollius were in authority like perpetual Consuls , alwayes in power over a vicious man. 2. It is not against the laws of Christianity , 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 * of their respective 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 , Cum dignitas authoritasque ejus in quem est peccatum tuenda est , ne praetermissa animadversio contemptum ejus pariat , & honorem levet , said Taurus the Philosopher in A. Gellius . An injury done to a Superiour is a contempt of his authority as well as injurious to his person ; and if it be not punish'd , will soon disorder the superiority . 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 . 3. When the law hath pass'd a sentence , and given leave to any subject to be executioner , he that is injur'd may doe it . But this is to be understood 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 station , it hath sometimes been decreed . In reos Majestatis , against Traitors every man is a Souldier , sayes Tertullian , 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 Justinian 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 ; Melius enim est occurrere in tempore quam post exitū vindicare . Vestram igitur vobis permittimus ultionem , & quod serum est punire judicio , subjugamus edicto , ut nullus parcat militi , cui obviare telo oporteat ut latroni . 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 lawfull , 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 innocent 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● Ulpian said well , Furem nocturnum si quis occiderit , ità demum impunè feret , si parcere ei sine periculo suo non poterit , Though the law permits a man to kill a Night-thief , yet he may not doe it if he can secure himsel● without it : but when to spare the Thief will be his own undoing , the● he may . For it is true which was said of old , Res omnes conditae famulantur vitae humanae ; And again , Nobilissimum est quod orbis habet humana vita . 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 miserable life , and men willingly venture their lives to save such great portions , the laws that put such thieves to death are very justifiable . And it is observable that when God in Moses 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 . 4. But when the evil is past if the law permits the execution of her sentence to the injur'd person ; 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 Conscience . Thus when the Civil law of old , L. Gracchus C. ad legem Juliam , de Adulteriis , and at this day the Spanish laws permit the wronged Husband 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an example , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( as Demosthenes his expression is ) that others may be afraid , & 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith the Apostle , we must not avenge our selves : 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 Pythagoras , as Iamblichus relates , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is better to suffer the injury then to kill the man : For after death there shall be a judgment ; he that did the wrong shall be punish'd , and he that spar'd him shall be rewarded . 5. But if the Criminal be of so desperate an impiety that he seems incorrigible , 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 exercendae publicae ultionis adversus latrones , desertoresque militiae , of executing the anger of the law against fugitive souldiers , and common robbers : he that had not been robbed by them might better doe it then he that had : for it being permitted pro quiete communi , for the publick peace , 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 . 6. Some affirm that Princes are never to be reckoned to be private persons , when they proceed according to the sentence and meaning of the law , though they doe proceed brevi manu , as the style of the law is ; and doe not proceed by the methods and solemnities of law by reason of disability 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 London did strike Wat Tyler , though he was not convicted in law , nor sentenc'd by the Judges . Upon this account the King of France offered to defend the killing of the duke of Guise : concerning which I cannot give accounts , because there might be in it many secrets which I know not . But if there wanted nothing but solemnities 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 seldome 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 Paris , 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 , Generale edictum accedente facti evidentiâ habet vim latae sententiae , when a law is clear , and the fact is evident , the sentence is already past : 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 Venice 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 in summo & mero Imperio , 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 securing the publick , 10. and the thing have in it as great charity to the publick , as there is in it justice to the particular , 11. and that the warre be not justum bellum , that is , between supreme powers , 12. nor yet any treaty , 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 refragante judicio procerum , & sententiis juris prudentum , 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 , the solemnities of law , 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 manners 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 antecedently or ex post-facto . An example of the first way is frequently seen in in France ; where the fugitives of law are proceeded against in their absence , and executed in effigie ; and in the states of Italy against the Banniti : and of the second way examples have been seen in the Manifesto's 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 transgresses by power . 7. Upon the like account it hath in some ages of Christianity it self , but in many ages of Gentilisme , been permitted that by single duel men prove their innocence , and oppress the supposed Criminal : — puróque pióque duello Quaerendas res censeo — said one of the Roman Senators to Ancus Martius . Now concerning this I shall not need to say much ; because now long since all Christian Princes and States , & 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 Pope Nicolas the first forbad the Emperor Lotharius to try his wives suspected chastity by the combat of two champions , cùm hoc & hujusmodi sectantes , Deum solummodo tentare videantur ; and to the same purpose Pope Celestine and some others did forbid it 2. Because the innocent person is expos'd to equal danger with the Criminal , and hath been oftentimes oppress'd ; as it happened in the case of William Ca●ur an armourer in Fleetstreet , who being by his servant John David falsely accused of treason , was yet slain in Smithfield by his perjur'd adversary : and then the people have accepted the event as a divine testimony , 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 intolerable . In Spain we find that a duel was permitted between two eminent persons [ los infantes de lara , the Spaniards call them ] onely upon the accusation of an injury done to some Ladies , the daughters of Rodrigo de Bibar ; and the victory was gain'd by him that was innocent : and another by the men of Zamora in the case of the death of King Sanctus ; and quickly they found advocates and defenders . And Vasquius 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 . But this is to be understood onely of Judiciall Duels , whether Criminal 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 compendium of war , and is designed to doe justice , and to prevent the greater issues of blood . Thus the Romans and Albans determin'd their wars by the fight of three Champions of each side ; and the Curiatii being subdued by Horatius Cocles , the City Alba came into subjection to Rome . David and Goliah fought for their respective Countries ; but the Duel did not determine it directly , but onely discourag'd the conquer'd party . Upon the same account Clodoveus the first Christian King of France offer'd to fight with Alaricus Prince of the West Goths ; nobilissimo pari fortunam utriusque gentis decretum in , said Paulus Aemilius : and Guicciardine 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 . Cambden reports that when the Saxons and Danes grew weary of the so great effusion of blood caused by their daily wars , misso in compendium bello , utriusque gentis fata Edmundo Anglorum & Canuto Danorum Regibus commissa fuerunt , qui singulari certamine de summa Imperii in hac insula depugnarunt . Edmund and Canutus fought in a little Island by Gloucester , and drew the war into a compendium , and sav'd the lives of their Subjects by hazarding their own . William Duke of Normandy offer'd this to Harold before the battail in Sussex : And King John of England to Lewis of France , by deputed Champions . And Richard the second of England challenged Charles the sixth of France concerning the title of the French Crown . And Pope Martin allowed the Duel between Charles of Anjou and Peter of Arragon to determine the question concerning the Kingdome of Sicily . These indeed are great Examples , and are then onely just when the wa● is just , and on that side onely on which it is just . Haec est necessitas quae bellum justificat ( saith Baldus ) cum ad bellum extremo loco confugitur , 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 Bodinus saies , Non interest quo numero adversus hostes decernatur , It matters not by how few the war be ended . Such a Duel is a just war , as all war antiently was called a Duel , Graecia Barbariae lento collisa duello , All Greece and Barbary fought a duell ; it is duarum partium congressus , the contention of two armies as well as two single persons : and that the words are synonyma we find in Varro a , Festus b , Plautus c , and P. Merula d ; but concerning the thing it self , who please to see more instances and precedents , more arguments and verifications of it , may at his leisure find many particulars in Frisius e , Ayala f , Bocerus g , Alciat h , Bodinus i , Beuther k , and Albericus Gentilis l . 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 . Whether it be lawfull for a Christian to require of the Magistrate that his offending Brother may be punished . If the injur'd person be design'd onely to punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , out of anger and a desire to be reveng'd , there is no question but it is infinitely Unlawfull . Render not evil for evil , 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 requir'd , yet he that requires for vengeance sake is of an Unchristian spirit : and this was observed by Dion in Plutarch , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , To receive & require amends from the law is more just then that injury against which justice is required ; but it proceeds from the same weak principle ; and therefore it is fit for none but fools and weak persons : — quippe minuti Semper & infirmi est animi exiguíque voluptas Ultio : continuò sic collige , quod vindictâ Nemo magis gaudet quam femina — or rather it becomes not such persons ; for nothing can become them but to leave their folly and to grow wiser ; for it is caecus & irrationalis furor , as Lactantius calls it , inhumanum verbum est , saith Seneca , it is unreasonable , and inhumane , and brutish : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said the Jews of Alexandria , We are not delighted in taking revenge against our Enemies , because by the laws of God we are taught to have compassion on men . 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 comport our selves as members of the same body : concerning which Cassiodore saies prettily , Quod si manus una casu aliquo fortè laedat alteram , illa quae laesa est non repercutit , nec se erigit in vindictam , 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 . 2. It is lawfull for a Christian to require of the Magistrate to punish him that is injurious , 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 . Clemens Alexandrinus defines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or punishment ( meaning that which is just , and in some cases reasonable to be requir'd ) to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a return of evil ( not for the vexing of the injurious , but ) for the relief or commodity of the complainer . But if it be that which Aristotle defin'd it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , f●r the satisfaction of him that punishes , that is , that he may have the pleasure of revenge , then it is intolerable . 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 . 3. In all repetitions of our rights which are permitted to Christians before Christian Judges , it is not lawfull for Christians to take any thing for amends beyond the reall losse or diminution of good : for that is a retribution 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 . 4. Christians must not go to law but upon very great cause ; and therefore some of the Heathens , Musonius , Maximus Tyrius , and others , would not allow 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Justin Martyr , We will not those to be punished who doe calumniate us . Their own perverseness and ignorance of good things is enough already of calamity . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A Christian is commanded by Christ our new Law-giver not to be revenged , no not a little . Abstinere à litibus etiam plusquam licet , said Cicero , 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Justin Martyr of them , They doe not go to law with them that rob them . 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 * Musonius said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is not ingenuous to be running to law upon every provocation though by reall injury : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Pythagoras , A wise man will neither revile his neighbour , nor sue him that does . For Good men ( said Metellus Numidicus ) will sooner take an injury then return one : and if we read the Sermon of Maximus Tyrius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; whether it may be permitted to a good man to return evil to the injurious ? it will soon put us either to shame , or at least to consider whether there be no command in our religion , of suffering injuries , 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 forgivenesse doe not make us more like to God and to the Holy Jesus . Certainly 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 Achilles did in Homer , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I hope for this charity to be rewarded by God himself . If a man have relations , and necessities , and obligations by other collateral duties , he must in some cases , and in many more he may 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 Neighbour : and because all law-suits are vexatious , he may not go to law , unless to drive away an injury that is intolerable , and that is much greater then that which is brought upon the other . 5. When a Christian does appeal to Christian Judges for caution , 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 . Omnia priùs tentanda quam bello experiundum . 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 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 . A man must be modest 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 . In order to this , it would prevent many evils , and determine many Cases of Conscience , or make them easie and few , if evil and rapacious Advocates 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 unjust . Galeatius Sforza Duke of Millain 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 warrant his cause ; which when the Duke heard from his own mouth , he caused 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 & 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 Charles the ninth of France 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Then charity is best preserved amongst Citizens , not when there are most decisions , of causes , but when the suits are fewest . RULE VII . It is not lawfull to punish one for the offence of another ; meerly , and wholly . QUod tute intristi , tibi comedendum est , 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 rightreason , 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 cases which need explication . 1. Concerning persons conjunct by Contract ; 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 . 1. The first inquiry is concerning persons conjunct in Contract ; such as are Pledges in War , Sureties for Debt , Undertakers for appearance , and the like . Concerning Pledges in War , it hath been sometimes practised in warlike Nations , to put them to death when their parties have broke their promise . The Thessalians kill'd 250 , the Romans 300 of the Volsci ; and this they might doe by the law of Nations : that is , without 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 Regulus was sent to Rome 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 African prisoners , the Carthaginians 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 innocent . For either the Pledges are violently sent in caution against their wills , or with them . If against , then the wrong is apparent , and the injustice notorious . If with their will , it is to be considered , it is beyond their power ; for , nemo membrorum suorum Dominus videtur , saith the law , l. liber ff . ad legem Aquiliam : 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 lawfully be put to death for the Principal , as is noted by the Gloss in cap. Cum homo 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 anothers ; 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 , For ye are bought with a price , therefore glorifie God in your body and in your spirit , which are God's , 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 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 accidentally 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 . But in Pecuniary punishments the Case is otherwise . 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 principally 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 . But the whole business is unreasonable as to this instance , and therefore the inquiry is soon at an end , and the case of conscience wholly different ; 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 punished , or constrained to pay : but if he fall into poverty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Justinian's expression is , by unavoidable accident , not by impious courses , it is against justice and charity to put him to trouble . Concerning which , though it be not pertinent to this rule , but here only 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 . Nihil profecto immitius , nihil immanius , saies A. Gellius , nisi , ut reipsâ apparet , eo consilio tanta immanitas poenae denuntiata est , ne ad eam unquam perveniretur . 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 . But addici nunc & vinciri multos videmus , 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 Cyprus was so used , as Cicero in his oration pro Sextio sadly complains . The dividing the body of the Debtor was chang'd into the dividing of his goods ; but this also was hatefull and complained of by wise and good men . Si funus id habendum sit quò non amici conveniant ad exequias cohonestandas , sed bonorum emptores ut Carnifices ad reliquias vitae lacerandas ac distrahendas , said Cicero : and Manlius most worthily , seeing a Roman led to prison like a slave for debt , cried out , Tum verò ego nequicquam hâc dextrâ Capitolium arcémque servaverim , si civem commilitonémque meum tanquam Gallis victoribus captum in servitutem 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 ? and therefore he paid the debt and dismiss'd the prisoner . But because this was cruel and inhumane , when Paetilius and Papirius 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 lex Julia decreed ( in Augustus his time ) that the insolvent Debtors might quit all their goods , but neither suffer chains , nor slavery , nor doe labour for their Creditors : but the benefit of this law extended not to prodigal and vain persons , but to those only qui vi majore aliquâ fortunis evertebantur , ( that was their word ) who were undone by any great violence , by shipwrack , or fire , or any accident unavoidable . For as for others , they were delivered to the Capital Triumvirat and punished ad Columnam Meniam , that is , whipped extremely ; and this continued until the time of Gratian the Emperor , who decreed that such Debtors who were not eversi per vim majorem , should not receive any benefit by quitting all their goods ; but if they were less then their debt , ad redditionem debitae quantitatis congruâ atque dignissimâ suppliciorum acerbitate cogantur , 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 miserable 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 , Constantine , Gratian , and Justinian , Novel . 135. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 : and then it was ordered that if the Debtor did ejurare bonam copiam , that is , swear that he had not goods sufficient to pay the debt , he should be free . This was made into a law long before the time of Gratian ; when Sylla was Dictator , Popilius 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 ; in so much that Cicero spake against L. Flaccus for desiring to have Sylla's laws confirmed . But it soon expired through the power of the rich usurers , as we finde by the complaint of C. Manlius in Salust ; and even so long as the lex Popilia did prevail , yet they had ar●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 . This is a perfect narrative of this affair ; in all which it is apparent that wise and good men did infinitely condemn the cruel and unjust usage of insolvent Debtors who were per vim majorem eversi , 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 Romans 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. Ambrose complain'd most bitterly of the Creditors in his time ; 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 possit : inventum fortè aliquem qui in illa necessitate subveniret , &c. 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 punishment a while , forc'd to sell his sons at an outcry . Grandis culpa est , ( saith he ) si te sciente fidelis egeat , si scias eum sine sumptu esse , fame laborare , & non adjuves ; si sit in carcere , & poenis & 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 . 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 inhumanity . Of the same nature is that barbarous custome of arresting dead bodies , and denying them the natural rights of burial till a debt be paid . Ascelinus Fitz-Arthur arrested the body of William Duke of Normandy , Conqueror of England , upon something a like account . But S. Ambrose blames such unnatural cruelty , and derides the folly of it ; Quoties vidi à foeneratoribus teneri defunctos pro pignore , & negari tumulum dum foenus exposcitur ? Quibus ego acquiescens dixi , Tenete reum vestrum , & ne possit elabi , domum ducite ; claudite in cubiculo isto carnificibus duriores : quoniam 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 . 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 France , where they never imprison any alive for a Debt , unless he be expresly condemn'd to it by the sentence of the Judge , or contracted 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 Gaspar Beatius , who cites these Verses for it out of Johannes Girardus , no ill Poet , but a good Lawyer . Heus principes , duodecim Tabulae inopem crudeliter Quae debitorem dissecant , Aut jura , mores publici , Quae carceribus illum miserè Et opprimunt & enecant , Nimis mihi , nimis displicent ; Qui Gallum habuit mos bonus Idem & verus probabitur Nimis mihi cuique & bono , Quo Creditores debita Petant sibi post funera . But I suppose he might speak this in jest , to represent the lenity of Frenchmen in not casting their Debtors into prison . But if a Debtor should , as Argiropilus , jesting at his death , make his rich friends the heirs of all his debts , it would spoil the jest . Now I return to the other inquiries of the Rule . The second inquiry is concerning persons conjunct by nature ; whether ( 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 Paulus the Lawyer and Baldus speaking exact Antinomies . For Baldus in l. id quod pauperibus , qu. 9. C. de Episcopis & Clericis , affirms , Haeredem teneri ad poenam ad quam defunctus fuerat condemnatus , The heir of his father inherits his father's punishment : but Paulus in l. si poena , ff . de poenis , sayes expresly , Haeredem non teneri ad poenam defuncti , The heir is not bound to suffer the punishment of the dead . * 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 oblig'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 misfortune 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 further 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 deserve any further evil ; and if the Father transmitted no goods , no advantage to the Son , there is no reason he should transmit a burthen : Nemo fiat deterior per quem melior factus non est , sayes the Law. And therefore S. Ambrose complain'd of a sad sight he saw ; Vidi ego miserabile spectaculum , Liberos pro Paterno debito in auctionem deduci , & teneri calamitatis haeredes , qui non essent participes successionis , & 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 ; and which is yet more strange , the Creditors were not asham'd of the impious Cruelty . But this is a rul'd case both in Divinity and Law. Nunquam unus pro alio potest poena corporis puniri , said Alexander of Hales , and Thomas Aquinas , No man can suffer corporal punishment in the place of another : the same with that in the law , l. Crimen ff . de poenis . 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 communication of evil . Unius factum alteri qui nihil fecit non nocet , l. de pupillo , 5. § si plurium . ff . Nov. op . nunt . And again , Peccata suos teneant autores , nec ulterius progrediatur metus , quam reperiutur delictum , l. Sancimus , 22. C. de poenis . But it is expresly instanc'd in this matter of succession , Unusquisque ex suo admisso poenae subjiciatur , nec alieni criminis successor teneatur , The Son may succeed in his Father's burthens and misfortunes , but not in his crimes or corporal punishments . l. crimen , ff . eod . And this is the measure of the third inquiry . For they who are conjunct 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 , and sometimes all doe suffer . So did the Campanian Legion that rebell'd at Rhegium , and possess'd the Town for ten years ; they suffer'd every man , four thousand heads paid for it . So did the ninth Legion under Julius , and the tenth Legion under Augustus , every man was punish'd . For the rule of the law is , Quod à pluribus pro indiviso commissum est , singulos in solidum obligat , l. semper , § 2. ff . Quod vi aut cl . & l. item Mela , § 2. ff . ad legem Aquiliam . 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 . Thus at Capua seventy Princes of the Senate were put to death for rebelling against the Romans , and three hundred of the Nobility were imprison'd , and two hundred twenty five of the Sorani . And this way is often taken by Princes , and wise Generals , and Republicks , ut unde culpa orta esset ibi poena confisteret . And C. Decimus was heard with great applause , when in the case of the Rhodians he affirm'd , that the fault was not in the People , but in their Principals and Incendiaries ; meaning , it was not so in the People as in their Leaders . And in Tumults it often happens as it did at Ephesus , when S. Paul 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. Ambrose did highly reprove Theodosius 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 sedition . * Sometimes the Criminals were decimated by lot , as appears in a Polybius , b Tacitus , c Plutarch , d Appian , e Dio , f Julius Capitolinus , who also mentions a centesimation . And the reason of this equity Cicero well discourses in his Oration pro Cluentio , ut metus , viz. ad omnes , poena ad paucos 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 never fear the less fear of the Enemy , who does not strike so surely as the Executioner ; 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 . If the tumult or war be by the command of Magistrates , the People are to be affrighted , or admonish'd , but the Commanders onely are to be punish'd . Ne alieni admissi poenam luant quos nulla contingit culpa , l. ult . ff . de bon . Damnat . For the People are soon commanded by him that stands next above them . And therefore since to obey is like a duty , it is not easily to be reckon'd to a real crime , and the greatest punishment . But if the fault be done by the People without authority or excuse , 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 account of the rule of the law , Quae poena delictis imposita est , si plures deliquerint , à singulis in solidum debetur , l. item Mela , ff . ad leg . Aquil. But if many were in the crime , then the rule of equity and the gentleness of the law is to take place , ut poenae interpretatione potius molliantur , quam exasperentur , leg . poen . ff . de poenis , a few should be punish'd for all the rest , ut supersint quos peccasse poeniteat . For it is of great avail for the publick interest , that as some be cut off , so some should remain alive , that they may repent . And in this sense is that of Lucan , — quicquid multis peccatur inultum est . Besides that it is evil to the Commonwealth to lose so many Subjects , it is also sometimes dangerous ; — sed illos Defendit numerus junctaeque umbone phalanges . The determination of these two particulars I learn from Cicero in his Oration pro Flacco , Vobis autem est confitendum , si consiliis Principum vestrae civitates reguntur , non multitudinis temeritate , optimatum consilio bellum ab istis civitatibus cum populo Romano esse susceptum . If the Nobles govern your Cities , then the Nobles made the war , and the People are innocent . Sin ille tum motus est temeritate imperitorum excitatus , patimini me delicta vulgi à publica causa separare , But if the Rabble did the fault , the City is not to be punish'd ; it is not a publick offence . Multitudo peccavit , sed non Universitas . For a Rabble does not make a City , a People , or a Republick : for to make this , it must be coetus qui jure aliquo continetur , l. metum . § animadvertendum . ff . quod met . caus . a multitude under government , and a legal head . But if both the Magistrates and the People be in the offence , culpa est penes paucos concitores vulgi , said C. Decimus ; 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 . 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 likeness of the matter I have here subjoyned some Rules concerning the measures and obligations of Conscience in the matter and laws of Tribute . Of Laws of Tribute . RULE VIII . The laws of Tribute are moral laws , and not penal , except it be by accident ; and therefore doe oblige the Conscience to an active obedience . HIm to whom we pay tribute , we owe obedience to . It is S. Pauls argument to prove that we ought to obey the powers that are set over us , because to them we pay tribute ; which tribute is not introduc'd by Tyranny , but is part of that Oeconomy by which God governs the world , by his Deputies and lieutenants , the Kings and Princes of the earth . Nec quies gentium sine armis , nec arma sine stipendiis , nec stipendia sine tributis haberi possunt , said Tacitus . No peace without laws ; no laws without a coercitive power ; no power without guards and souldiers ; * 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 . Ut sit ornamentum pacis , subsidium belli & nervus reip . tributum est pecunia populo imperata quae tributim à singulis proportione censûs exigebatur , said Varro . 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 : for he that coyns the money , hath the power of the law , and this from the custome of the world for many ages . The Persians first imprinted the figure of their Prince upon their money , after them the Greeks : hence were those names of coin , the Darics , and Philippics ; for the money having the impress and figure of the Prince , the name & 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 Caesar ; 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 res Caesaris , as he was pleas'd to call it , the things of Caesar ; it was due to him for the publick ministery of justice : and this is also urged by S. Paul , for they are Gods ministers , watching for this very thing , that is , for your good ; and therefore are to be maintained according to the dignity of that ministration . Now as we owe tribute to whom we owe obedience ; so we owe obedience to whom we owe tribute : that is , if he have authority to exact tribute , we are bound in Conscience to pay it . It is a law as much obliging the Conscience as any other . Numus or Nummus from Numa , say the Roman Criticks ; because King Numa first stamp'd money amongst them . But I suppose it is from a Greek fountain , Numus and Numisma from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and that saies Aristotle is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from the law : for he that stamps money , gives the law ; and amongst others , and for the defence of all laws , this law of paying money to him by way of Tribute is obligatory . And the case does not differ by what name soever it be impos'd ; vectigal , tributum , census , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , were the words amongst the Greeks and Latines , and did signifie portions of money paid from lands , from merchandise , for heads , excisum quid , something that is cut off from the whole , for the preservation of the rest ; that 's excise money : but whatever the words be , S. Paul reckons them all to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , due debt ; and thefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith our Blessed Lord , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith S. Paul , restore , or pay it ; it is a debt due by the ordinance of God. It is all but tribute ; even the census or pole-money is tribute : so it is called by Ulpian , l. 3 ff . de Censibus , tributum capitis , the tribute of the head . The same use of the word I have observed out of Ammianus and Tertullian . 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 , according to that saying of Tertullian , Si agri tributo onusti viliores , hominum capita stipendio censa ignobiliora , Fields under contribution are cheaper , and men under a tax are more ignoble . Angaria 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 species tributi , a kind of tribute , 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 , not onely for wrath , but also for Conscience sake , and S. Paul never uses the word Conscience , but when it is the concern of a soul. It is S. Ambrose his observation , who also uses this argument , Magnum quidem est & spiritale documentum , quo Christiani viri sublimioribus 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 ? RULE IX . The laws of Tribute have the same conditions , causes , powers , and measures with other laws of Government . THis Rule requires that * 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 penal , nor compensatory . For sometimes Tributes are impos'd upon a conquer'd people a 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 Petilius said to the Gaules , b Nos , quanquam toties lacessiti , jure victoriae id solùm vobis addidimus quo pacem tueremur , You have provok'd us , and we have conquer'd you ; and yet have onely impos'd the punishment of so much tribute on you , that at your charge we will keep the peace , So concerning the Greeks c Cicero 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 . But then this is at the mercy and good will of the Conquerour ; 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 manners but of Empire ; 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 . In other tributes , such which are legall , publick , and universall , the tribute must be proportion'd to the necessity and cause of it ; it must be imployed in that end to which it was impos'd and paid , ( for that is a part of commutative justice ) it must be equally laid ; that is , as far as it can be prudently done , supposing the unavoidable errors in publick affairs in which so many particulars are to be considered ( for this is a part of distributive justice : ) and where there is a defailance in these , I mean a constant and notorious , there the Conscience is disoblig'd ( as far as the excess and injustice reaches ) just as it is from the obedience to other laws that are unjust ; 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 personall use of the Prince , if he spends them well or ill , the Subject is not concerned ; 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 supreme Steward and Dispenser . As the laws of tribute have their originall and their obligation , 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 custome , are still obliging to the Subject , d 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 . Lastly , in the levying and imposing tribute , by the voice of most men , those things usually are excepted which are spent in our personall necessities . Whatsoever is for negotiation may pay , but not what is to be eaten and drank . This tribute nevertheless is paid in Spain , for it is that which they call , Alcavala ; and in Portugal , where it is called Sisa . I suppose it is the same with the Excise in England and the Low Countries ; and yet is much spoken against for these reasons , 1. Because it is too greàt an indication 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 compounding 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 . 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 provided , that they remember they are to answer to God for their whole Government , 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 Castile and England , or by the Merchant and him that spends them for his need , and not for his gain , as in Portugal ; 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 prevent , 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 . RULE X. Tribute , and Customes which are due , are to be paid whether they be demanded or no. THis is but the result of the former discourses . 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 obedience , 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 of the Prince be negligent , yet we must not be unjust . This is true in Subjects 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 already , they are oblig'd as the Natives according to the laws , and must not pretend ignorance , in fraud and cosenage . But this also is to be understood of customes and tributes which are just . 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 concealment . 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 . He that paies not tribute upon pretence that it is unjust , that is , it is impos'd by an incompetent authority , or in an undue manner , or unjust measure , 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 diligence 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 . If the Subject does doubt , 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 in dubiis melior est conditio possidentis , The possessor is to be preferr'd in doubtfull cases . For supposing this , yet the Prince is in the possession of law , and the Subject 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 . One thing onely I advertise in order to practice : 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 nothing from the Subject , but from his Supreme ; who therefore is bound to 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 . But then , as S. John Baptist gave counsel , the Tribute-men and Farmers must exact no more then is appointed them ; nor yet in cruell and vexatious manners , nor with the exactest and utmost measures , but with such moderation as may be far from rapine . Tributorum & Fisci nunquam mala causa nisi sub bono principe , was an old saying , Whatsoever was demanded by the Tribute-Gatherers , it was all justice , whether it were right or wrong , unless the Prince were gentle and good . But the Vulture-like greediness and unconscionable , unchristian and avaritious proceedings which are too frequent amongst such men , have made the name of Exactors and * Publicans so infinitely , so intolerably hatefull . Curandum in primis , ne magna injuria fiat . Fortibus & miseris tollas licet omne quod usquam est Auri atque argenti , scutum gladiúmque relinques Et jacula & galeam , spoliatis arma supersunt . 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 enemies , excepting onely their more covetous Exactors . CHAP. III. Of Kings , Princes , and all Supreme civil powers ; and their Laws in special . RULE I. The Supreme power in every Republick is universal , absolute , and unlimited . THAT in every Common-wealth there is a Supreme power is without all question : There is no government without superiority ; and where there is a Superior , there is a Supreme ; 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 nothing 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 contradiction 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 Albericus Gentilis said well , That he doubted concerning the Kings of France and Spaine , whether they were Supreme Princes , because 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 unlimited , 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 Consuls , sometimes the Dictators , sometimes the Senate did doe extraordinary 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Greeks call it ; Majestatem , 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 order to it , and is accountable to no man. For suppose a King that hath power of the Militia , and his Senate of making laws , and his people by their Committees of raising money ; this power of making war , and laws , and levies is the Supreme power , and is that which can doe all things : and although one be accountable for moneys , & 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 Aristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , seems ( saies he ) to be a Kingdome but yet subject to laws , but is not the Mistress of all ; and this is true in many European Governments : but there is another government where the Governour is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Lord of all , and but one person ; 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Almighty ; 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 . Now that this is true is apparent by all the same reasons by which the necessity of Government is proved . It is necessary that it should be so ; for there are some states of things for which nothing can provide but this absoluta potestas , Supreme and unlimited power ; as at Rome when the Gauls 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 . Ne res publica aliquid detrimenti patiatur , 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 exposed 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 habitually from whence it is concredited actually , and put into delegation and ministery : and this is the power that can doe all things of government ; 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 . Qui Rex est , Regem , Maxime , non habeat . This Supreme power is commonly expressed by Potestas Regia , or Kingly Power , 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 bound by the oaths of allegeance , and supremacy ) by this word we commonly mean the Supremacy or the Majesty . So Suetonius speaking of Caligula , saies he was very near speciem Principatus in Regnum convertere , to change the Government into a Kingdome , that is , to make it absolute and supreme : and this distinction Piso us'd concerning Germanicus , Principis Romanorum , non Parthorum Regis esse filium , meaning that the Parthian Kings were absolute , but the Roman Princes ruled with the Senate : and Caesar tells that Vercingetorix was put to death because he being but the Prince of the Gaules affected the Kingdome . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . So Dion described the power of a King , for that which they understood to be the Supreme power . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the people in Aeschylus spake to their King , Thou art our City , our Commonwealth , 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 . This is the Jus Regium , 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 Theophilus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He hath given to the King all power over the people . So it is described by Livy , Reges non liberi solum impedimentis omnibus , sed Domini rerum temporúmque , trahunt consiliis cuncta , non sequuntur , Kings are not only free from all lets and incumbrances , but are Lords of times and things , they by their counsels draw all things after them , but follow not . The Greeks call this Supremacy , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a power to rule without danger of being call'd to account by men ; S. Ambrose calls it , Non ullis ad poenam vocari legibus , tutos imperii potestate , a power that is safe in its own circles , and can by no laws be call'd to punishment : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that 's Galens word , It is the chief or prime principality . — Toto liber in orbe Solus Caesar erit — The King alone is free ; all others are under Compulsories and Judges . But S. Peters phrase is better then all of them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The King is the most eminent , the Defender of all , and above all ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Suidas . The King or the Supreme hath the power of defence , the power of the Sword , and that commands all the rest : for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it signifies to be more then Conqueror . So the Grammarians . But in order to Conscience , Kings and Princes , I mean all Supreme powers , must distinguish potestatem Imperii ab officio Imperantis ; that is to be considered by Subjects , and this 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Aristotle ; 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 irregular , he must goe out of his way to fetch them in again . But then it is also to be considered that the absolute power of the Prince is but an absolute power of government , 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 written to Vespasian ; Uti quaecunque ex usu reipublicae Majestate Divinarum , Humanarum , publicarum , privatarúmque rerum esse censebit , ei agere , facere , jus potestásque sit , uti Augusto fuit . Augustus Caesar was the most absolute Prince that ever rul'd the Roman people ; to him was granted , saith Alciat , to be free from laws , and all the necessity of laws , to be obnoxious 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 Princeps Regni , but not Dominus , a Prince , not a Lord ; and the distinction is very material . For to be Lord , signifies more then the Supreme power of Government . Qui primi fuerunt Romae Principes , etsi poterant videri reverâ Domini , vitabant tamen valdè Domini Nomen , veluti contumeliam ac maledictum : non vitaturi si esset Nomen solius honoris , aut moderatae potestatis , saith Suetonius . The first Princes of Rome 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 . Tacitus , according to the popular humor of the Romans , supposed the power of a King to be too great a violation of liberty ; but Domination or Lording it was intolerable . Principatus & libertas res sunt dissociabiles ; magis tamen sunt dissociabiles libertas & dominatio ; for to be the absolute Lord cannot consist either with freedome or propriety : and therefore Ovid prefers Augustus before Romulus in this very instance , for speaking to Romulus of Augustus , he saies , Tu Domini nomen , Principis ille tenet . Augustus is a Prince , a gentle Governour ; Romulus was a Lord , that is , something that no man loves , but every man serves and fears . This power is well expressed by S. Peters word of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a power not ministring to good , nor conducted by moderation . Maximum hoc regni bonum rati , Quod facta Domini cogitur populus sui Tam ferre quam laudare — 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 possessions 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 Supreme power of Government is at no hand a Supreme power , or an Arbitrary 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 . Qui pleno jure Dominus est , alienandi , dissipandi , disperdendi jus habet , saith the law , l. 7. C. de relig . l. sed etsi , lege 25. § . consuluit , ff . de haered . petit . 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 , quia dominium in solidum non possit esse duorum , saith Cujacius , There cannot be two absolute Lords of the same land ; The right owner is the Lord , not the right King. Aliter reipublicae sunt agri , aliter privatorum . Num quid dubium est , quin servus cum peculio Domini sit ? dat tamen Domino suo munus . Non enim ideo nihil habet servus , quia nihil est habiturus , si Dominus illum habere noluerit , 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 , otherwise they are the Princes . Jure civili omnia Regis sunt , ( saith Seneca ; ) & tamen illa quorum ad Regem pertinet universa possessio , in singulos Dominos descripta sunt , 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 receives the service and the duty of them all ; but the Lords receive the rents . The Athenians and the Thebans fight concerning the bounds of their territory ; & at the same time Polyaenus & Thysias are at law about dividing their shepherds walks in the same place . Sub optimo Rege , omnia Rex Imperio possidet , singuli dominio , The King governs all , but the Subjects possess all their own : for so Livy might buy his own Books of Dorus ; they were Dorus his Books , and Livy'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 . Caesar omnia habet ; fiscus ejus privata tantum ac sua : & universa in Imperio ejus sunt , in patrimonio propria . 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 . The effect of this consideration is this ; 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 Government , 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 private amends . Verum etsi nostra tempore necessitatis patriae conferre debeamus , tamen jure naturae congruit ut communis salus , communis utilitas , commune periculum , non unius duntaxat aut alterius , sed communibus impensis , jacturis , periculísque comparetur , said Cicero . A King is to govern all things ; but to possess nothing but what is his own . Only concerning the necessity , if the question be , who shall be Judge ; 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 provided against when it is intolerable . Ahab had no right to take Naboths Vineyard ; but if the Syrian army had invaded Israel , Ahab might have put a Garrison in it , or destroyed the Vines , to have sav'd or serv'd his Army . And to this sense Lyra expounds the Jus Regium , the right of the King , describ'd by Samuel to the People of Israel : 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 . Rabbi Jose sayes , that whatsoever is here set down , it was lawfull for the King to doe . R. Juda 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 Naboth . But that in extraordinary it is just , needs no other argument but because it is necessary : and it appears also in the case of David and Nabal , upon whom David 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 Samuel is no more then what is necessary to be habitually inherent in all Supreme powers ; this is potestas imperantis ; he may licitè facere in tempore necessitatis , legitimè semper , 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 : for when Moses 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 Samuel describ'd the manner of their King , he describ'd the whole power in ordinary and extraordinary ; the power , I say , but not the office ▪ Moses describ'd the office , but not the power . I adde to this another consideration ; That whether all that the Hebrew 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 precedent can injure the rights of any People : but if there were in it something 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 Samuel 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 Amalek , 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 Josephus ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that all would be well if they had the same form of Government as the Nations had . Now their neighbour Nations were govern'd the most tyrannically , and the People serv'd the most sl●vishly in the whole World. — dociles servire Sabaeos , The Sabeans ( sayes Claudian ) were apt to serve : dociles ●erilem ferre manum Syros & Parthos , & omnes qui aut ad Orientem aut ad Meridiem sunt barbaros , said Julian , All the Syrians and Parthians , and all the Nations of the East and South , were us'd to slavery ; cont●ntos sub Regibus vivere Dominos imitantibus , their Kings were absolute Lords of possessions as well as of tribute and government ; and the People were ple●s'd to have it so : and the Israelites would follow their example . Ecce in hoc errarnat ( sayes a Jewish Doctor ) quod Israelitarum conditio non est . 〈…〉 Rex aliquis pro sua voluntate , ut Imperatores Gentilium , qui sanctum populis suis leges , quascunque animis concipiunt . Their errour was in 〈…〉 a King as the Gentiles had ; for their condition would not 〈◊〉 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 easiness of access a lessening of Majestie , and would be bound by no measures but their own will : and therefore said God to Samuel , They have not rejected thee , but me ; 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 commanded Samuel to hearken to them , and make them a King ; yet by terrours , like those on Mount Sinai , 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 . So that it is to no purpose that this place hath been so tortur'd by Interpreters , 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 representment of what it was which they ask'd , and what was like to be the effect 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 concerned 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 extraordinary ; they did that for pleasure , which was not to be done but for necessity . 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 Government , 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 propriety , 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 Maimonides , Potestatem habet Rex ordinandi mundum juxta id quod praesens hora postulat . There are some sudden accidents against which there are no regular provisions in laws ; but to provide for them at the instant by extraregular means , is within the power of the supreme . But in all this whole question the saying of Baldus is the best measure of the consciences of Princes : Clausula de plenitudine potestatis semper intelligitur de potestate bona & laudabili , 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 . Upon the occasion of this discourse the Lawyers sometimes dispute , Whether it be lawful , and in the power of the Supreme Prince or Magistrate , to aliene or lessen his princely rights , or to give away any parts of his Kingdome . But to this the answer is easy . For 1. whatsoever is their right by just conquest , or is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in their private possession , they may aliene as any private person may his lands . Thus Solomon gave the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 twenty cities ( which his Father in law the King of Egypt had conquer'd and given him with his wife in dowry , and which himself had won ) to Hiram ▪ Alexander gave all his Kingdomes to his Princes that serv'd him in his warrs . Attalus gave Asia to the people of Rome ; Nicomedes gave Bithynia : the Father of Mithridates had Paphlagonia by gift : & in England it was said that Edward the Confessor gave England by Will to the bastard of Normandie : and divers of our Kings did in their Wills at least recommend a successor ; Edward 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 . 2. But yet this is certain , 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 because the alienation cannot be verified against consent [ in which case Charles the sixth of France desir'd his will might be confirm'd by the Nobles ; and the King of Macedonia went up and down to all the cities to recommend to them Antigonus whom he desir'd to make a king : ] but because in these cases , though Kings have the supreme power , yet they have it not pleno jure , by a fulness of dominion . It may be as Aristotle calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . Hottoman will by no means admit that in any case a Kingdome can be alien'd : 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 subjection 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 Hottomans objection must needs be invalid , unless there be no liberty but where there is no government . RULE II. The Supreme power is superior to the Civil laws , but not wholly free from them . THis Rule hath been thrust into great difficulty by the interests and mistakes of Princes and Subjects respectively . 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 . Princeps legibus solutus est , said Justinian , The Prince is not tied to laws : 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 subject 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 , Non est Rex legi , sed lex obnoxia Regi . 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 . Justis lex non est posita , 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 particulars and the instances of obedience ; and if they prevaricate , they shall 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 Directive power 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 direction of laws : for such persons if they will not be directed shall be compell'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 . And yet on the other side we find good Princes saying otherwise ; 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 , C. de legib . & constit . l. 4. Digna vox est Majestatis regnantis , legibus alligatum se Principem profiteri , It is a voice worthy of the Majesty of a Prince , to profess himself tied to his laws . Patere legem quam tu ipse tuleris , said the wise man ; Suffer the law which thou thy self hast made : the same with that of Pittacus , Pareto legi quisquis legem sanxeris . And the equity of this , besides that it is apparent , is also given in the law , l. 1. ff . de pactis . Nihil tam humanae fidei consentaneum est , quam ea quae placuerunt servari . 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 ingenuity of worthy persons . These things are but seemingly oppos'd , for both parts are true , and are to be reconcil'd by the following measures . 1. The Supreme power is not under the fear of the laws , but is to love the vertue and order that is there commanded . For there is a necessity 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 Decianus said the same thing , Non quia iniqua liceant , sed quod non timore poena , sed amore justitiae : It is no more lawful for Princes to doe unjust 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 reputation , which amongst all good men are the guards of vertue , must endear it also to Kings : so Claudian to Theodosius , Tu licet extremoslatè dominere per Indos , Te Medus , te mollis Arabs , te Ceres adorent ; Si metuis , si prava cupis , si duceris irâ , Servitii patiêre jugum , tolerabis iniquas Interius leges : tunc omnia jure tenebis Cum poteris Rex esse tui : proclivior usus In pejora datur , suadetque licentia luxum , Illecebrisque effraena favet : tunc vivere castè Asperius , cum prompta Venus ; tunc durius irae Consulimus , cum poena patet : sed comprime mentem , Nec tibi quod liceat , sed quod fecisse decebit , Occurrat , mentemque domet respectus honesti . A King is not to consider the greatness of his power , but of his duty ; and not reckon upon his impunity , but his reputation * ; and because he does not fear the publick rods and axes , let him respect publick honesty : so Accursius affirms , Principem , etsi legibus solutus sit , honestatis tamen necessitate omnino teneri oportere : and this is the sentence of Decius and most Lawyers . But Honestas non videtur inferre necessitatem , 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 ought to doe what is fit . But in Kings it is true what Muscornus Cyprius saies , Verbum illud [ debet ] non coactionem , sed rationalem quandam persuasionem denotare videtur . It is their duty , and they ought to doe it ; and that signifies every thing but compulsion . However a Prince is onely free from one compulsory which is upon his subjects : but is under many which touch not them . God enjoyns him a greater duty , and exacts it with greater severity , and will punish their delinquencies more sharply : potentes potenter , saith the Wisdome of Solomon , mighty men shall be mightily tormented ; and Tophet is prepared for the King. * 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●d but by beneficence and justice ; if he breaks these securities , he may have cause to consider that of Tacitus , Princeps unus est civium & senatus consensui impar , 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 * ; 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 temptations 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 ; 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 , God help poor Kings , 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 excellencies of the Spirit of God , and the Spirit of a King. So that it is no priviledge 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 another ; it is not necessary for the same reasons , but it is by a greater necessity . 2. But then these supreme Compulsories being wholly conducted by the hand and providence of God , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The law is the supreme King of all , said Pindar . The same is also said by Chrysippus , by Aristotle , and divers others : and Plato affirms that destruction is imminent upon that City where the Magistrate governs the law , and not the law the Magistrate : and again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Plutarch , who having affirmed that the law must rule the Prince , adds by way of explanation , that it be that Jaw , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , that is the law that is superior to Princes . Some little instances of particulars of this law were decreed by Servius Tullus King of the Romans ; of which Tacitus saies , praecipuus Servius Tullus sanctor legum suit , queis etiam Reges obtemperarent ; he made laws of that Nature that even Kings themselves should obey them . For as Regum timendorum in proprios greges , So it is as true , Reges in ipsos imperium est Jovis ; 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 Domitian by Apollonius Tyanaeus , 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 . Upon this account a Prince may not command his Subjects to fight in an unjust cause , according to that saying of S. Hierom , Cum Dominus carnis à Domino Spiritús adversum imperat , non est obediendum ; We must not obey the Rulers of this world , the Lords of our flesh , when they command any thing contrary to the laws of the God and Lord of all Spirits . The commands of Princes must be , as Tertullian saies , intra limites disciplinae , within the bounds of our religion ; and therefore the Athenians laugh'd at Stratocles for desiring them to make a law that whatsoever pleas'd King Demetrius should be the measure of piety to the Gods , and of justice amongst Men. Gods law is the measure of the Princes power ; not his will the measure of that : and therefore the Jews that were Souldiers under Alexander could by no tortures be compell'd to assist in the building of the temple of Belus in Babylon ; and the Thebaean legion under Julian the Apostate 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 . But this is to be practised that the Princes just laws be not neglected upon the arrest of every fancy or foolish opinion . If it be certain that it is against the law of God , then we are safe in our disobedience . Idcirco Romanas leges contemnimus , ut jussa Divina servemus , said Sylvanus the Martyr , Because we are sure these Roman laws are against the Commandements 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 uncertain ; 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 disobedience , for we are sure that is evil ; and therefore we are to change the speculative 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 . Servus herilis imperii non Censor est , sed Minister , said Seneca . They that are under authority are to obey , not to dispute . But of this I have given an account already in the first Book , Chap. 5. Rule 6. 3. But then concerning the civil laws of his Country we are to distinguish ; 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 , & in these things there is no question . For not the King but the people are to pay tribute , & the Kings lands are free , if they be in his own possession . 4. But there are some laws which concern the Prince alone , 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 consented , by all those laws he is bound ; because in such cases as these it is true what Pliny said to Trajan in his Panegyric , In nostris , simili religione , ipse te legibus subjecisti , Caesar , quas nemo Principi scripsit ; sed tu nihil amplius vis tibi licere quam nobis . 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 . 5. Other laws yet doe concern both Prince and people ; such as are all contracts and bargains . Licet serviant aedes meae , ei tamen cum quo agitur non serviunt , quantum enim ad eum pertinet , liberas aedes habeo . l. 4. S● serv. vind . Although my house is bound to serve the publick necessity , yet in respect of him that contracts with me , my house is free . 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. Thus saith the law , 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 . 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 . 6. The great laws of the Kingdome doe oblige all Princes , though they be supreme . Such were those which were called the laws of the Medes and Persians ; whose Princes , although they were the most absolute and supreme , yet they were inferiour to those laws , as appears in the Book of Daniel . These are by way of eminence call'd Leges Regni , the Kingdomes laws . Such are the Golden Bull of the Empire ; the law Salic and the Pragmatical Sanction in France ; the Magna Charta and the Petition of Right in England ; and in other Countryes the like , as who please may particularly for Spain see in Mariana . This is confess'd by all , and it relies upon natural justice , the Prince having consented to it ; it is either sponsio Principis , or conditio regnandi ; he was admitted either upon that condition , or with it . 7. Whatsoever the Prince hath sworn to , 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 matter 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 to the law , though not by it ; the obligation comes not from the law , but from other causes , from his promise , his oath , his contract , his religion , his reputation , his fear , his hopes , his interest , and especially from God himself . For it is carefully to be observed in this particular , that though a promise gives a man right to the thing which is promised , 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 person 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 England , 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 . Clausulae deroganti si derogetur , valet ut posterius testamentum , ita posterior constitutio , say the Lawyers , Concerning which Cicero hath written an excellent epistle to Atticus , lib. 3. epist. ad Attic. epist. 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 ? Constantine made a law , that Widows and Orphans should not be cited to the Emperour'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 . Antiochus 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 . The custome of supreme Princes swearing to govern by laws was very antient : we finde an example of it amongst the Gothish Kings in Cassiodore ; amongst the late Greek Emperours in Zonaras and Cedrenus . Anastasius the Emperour sware to observe the decrees of the Council of Chalcedon ; Adrian the Emperour sware that he would never punish a Senator but by the sentence of the Senate ; and Trajan 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 Plutarch tels , that the Kings of the Cossari sware to the Epirots , that they would govern according to the laws . And indeed abstracting from the oath and promise , Kings are bound by natural justice and equity to doe so : for they are not Kings unless they govern ; 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 rewards 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 . Ea quae placuerunt , servanda , saith the law , l. 1. ff . de pactis . 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 . We have seen how Kings are bound ; the next inquiry is , how they are freed , and how they are superiour to laws . Antonius Augustinus sayes , that by the Lex Regia , or the Jus Regium , Kings , that is , the Supreme power , are onely freed from some laws : and this he gathers from the words of the Royal law written to Vespasian , Uti quibus legibus ne Augustus teneretur , iis Vespasianus solutus esset : quaeque ex quaque lege Augustum facere oportuit , ea omnia Vespasiano facere liceat , Where Augustus Caesar was free , Vespasian should be free : but those things which Augustus ought to doe , all those Vespasian might . The word liceat in his case was modestly put in ; not but that oportuit had been the better word to express his obligation , as well as the duty of Augustus : but it was therefore chosen to represent that to be expected from him , but could not be exacted ; 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 Government ) 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 directly , and indirectly to all the rest , that is , to govern the People by their measures onely . But now if we inquire from what laws they were freed , and what is the right of a King or the Supreme power more then of the People : I answer , 1. It consists in that which we in England call The King's Prerogative ; in the Civil Law the Lex Regia , or Vespasian's Tables ; by the Jews 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the statute or proper appointment of the King : the particulars 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 . Cum lege antiquâ , quae Regia nuncupatur , omne jus omnísque potestas populi Romani in Imperatoriam translata sunt potestatem , saith the law . Amongst the Romans that was the Jus Regium , that the Prince could doe all that ever the People could : now what that was , we find in Dionysius , by the concession of Romulus , Populus Magistratus creanto , leges sciscunto , bella decernunto , The People might create Magistrates , make laws , and decree peace and war. That is the Right of Kings , or the Supreme power . * Guntherus hath summ'd them up from the laws and customes of the Empire , and some antient Italian Governments . Ac primum Ligures , super hoc à Rege rogati , Vectigal prorsus , cudendae jura monetae , Cumque molendinis telonia , flumina , pontes , Id quoque quod * Fodrum vulgari nomine dicunt , Et capitolicium certo sub tempore censum : Haec Ligures sacro tribuerunt omnia fisco . Haec & siqua pari fuerunt obnoxia juri , Praelati , proceres , missísque potentibus urbes Libera Romano reliquerunt omnia regno . But the Jus Regium , what it is in the consent of Nations , who please may see in Aristotle's Politicks lib. 3 , & 4. in Polybius lib. 6. Herodotus in Euterpe , in Halicarnassaus lib. 4 , 5 , 7. in Valerius Maximus l. 7. in Orat. quâ suadet concordiam patrum & plebis in fin . in Tacitus 4. Annal. in Suetonius in Tiberio c. 30. in Dion . lib. 53. and in the later Politicks , Fabius Albergatus , Zimara , Bodinus , Aretinus , and generally in the Commentators upon Aristotle . 2. It consists in the King's immunity from obligation to some solemnities of law to which his Subjects are oblig'd . Ratum esse actum , etiamsi actio non habeat plenam rectitudinem , dum jus non desit , say the Lawyers . Of which nature is that for which Aeneas Sylvius , afterwards Pope Pius the second , laugh'd at Henry the sixth of England , that his Publick Instruments had no Test but his own , and he wrote Teste meipso , Witness our self : in which the King doth imitate the King of Kings , of whom S. Austin sayes , Testem se dicit futurum , quia in judicio suo non indiget testibus . 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 , true which Justinian said , Omnibus à nobis dictis Imperatoris excipiatur fortuna , cui & ipsas Deus leges subjecit , The fortune of the Emperour is to be excepted from the edge and from the forms of laws , because God himself hath made the laws subject to the Emperour . 3. The King is therefore solutus legibus , or free from laws , 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 between the sentence and the execution . This the Stoicks allowed not to any wise man , as supposing it to be against justice ; and to remit due punishment , is to doe what he ought not : for what is due is just , and what is against that is unjust . 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 ; poena debita ex parte reorum , 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 Lactantius , legem cum poneret non utique sibi ademit omnem potestatem , sed habet ignoscendi licentiam , 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 David pardon'd Shimei and Joab , and would fain have pardon'd Absalom , if the hand of Joab had not been too quick for him . And this cannot be denied to the Supreme power , because the exercise of this is one of the greatest vertues of a Prince : which was well observ'd by Pericles 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 , Et quid hoc est ? ( saith he ) aut parva aut fortuita laudatis : at illud maximum omittitis , quod mea opera nemo pullam vestem sumperit . 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 . — Quisquis est placidè potens Dominusque vitae , servat innocuas manus , Et incrucentum mitis Imperium regit , Animoque parcit , longa permensus diu Permensus aevi spatia , vel Coelum petit , Vel laeta felix nemoris Elysii loca . But all the World commends Clemency , the gentle hand of a Prince , his unwillingness to kill , his readiness to save : for , Principi non minus turpia multa supplicia , quam Medico funera , Many executions are as great a dishonour in a Princes reign , as many funerals in a Physitians practice : and therefore Cassiodore saies that a good and a gentle Prince will sometimes pass the limits of equity that he may serve the ends of clemency ; quando sola est misericordia cui omnes virtutes cedere honorabiliter non recusant , for to mercy all other vertues count it honour to give place . And this Charls the 5th and Maximilian the second signified by their devise of an Eagle pearching upon a thunderbolt , with an Olive in her beak : and Nerva and Antoninus Pius impress'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 . Imperatori licet revocare sententiam , & reum mortis absolvere , & ipsi ignoscere ; quia non est subjectus legibus qui habet in potestate leges terrae , saith S. Austin . 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 . This I say is part of his Royalty ; but is onely then to be practis'd when it can consist with the ends of government , that is , when the publick interest can be preserv'd , and the private injury some other way recompenc'd . These indeed are the general measures not of the Princes power , but of his exercising this power justly . 1. When the Criminal is a worthy person and can be beneficial to the Republick . 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 counterfeit old medals . 2. If the person hath already deserv'd well of the publick . Thus Horatius Cocles was spar'd though he kill'd his sister , because he got honour and liberty and safety and dominion to Rome by killing the three brothers , the Curatii : and Solomon spar'd the life of Abiathar the High Priest , because he bore the Ark before David , and was afflicted in all his troubles . * 3. When the Criminal can be amended , & 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 Caesar was in the flower of his youth and a Princely boy , Sylla was more easily prevail'd with for his pardon . 4. If the fault be private , and not brought to publick courts , it is easily pardon'd , though delated by a private information , Conquiri ad judicium necesse non fuit : some things when they are made publick cannot be dismiss'd , but are not to be inquir'd after . It was the advice of Cicero to his Brother Quintus concerning a certain Criminal . But all this is upon supposition that the crime be not of greatest mischief , 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 Bartolus are to be understood , De offensionibus erga dominum non est compensatio ad servitia eidem impensa , The services done to a Lord cannot make satisfaction for a conspiracy against him . And therefore the Romans caus'd Manlius Capitolinus to be thrown headlong from that rock from whence he had thrown the Gauls 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 irregularly ; Clementiam liberum habere arbitrium , said Seneca , Clemency hath a great liberty , and a free choice : 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 Seneca advis'd Nero often to remember , 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 . 4. The supreme power is above the laws , * because he can dispense , * he can interpret them , * and he can abrogate them , * he can in time of necessity govern by the laws of reason without any written law , * and he is the Judge of the necessity . Thus the Kings of Israel 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 Maimonides saies that the King suspendit & relinquit suspensos diebus multis , he hangs them and leaves them hanging for many daies ; 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 interpretation . 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 adulteress ; 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 prerogative 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 Sanhedrim might not doe , but were tied to acquit him that confess'd the fact . Add to these , * the Supreme can in some cases be Judge and witness ; that is , can himself condemn a criminal for what himself 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 Statius , — quid enim terrisque poloque Parendi sine lege manet ? vice cuncta geruntur . Alternisque premunt propriis sub Regibus omnis Terra : premit felix Regum diademata Roma : Hanc ducibus fraenare datum , mox crescit in illos Imperium Superis — 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 Romans , and the Romans 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 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the remission of the rigor of the law , the very Chancery and ease of laws is by law established . 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 . WHen Nehemiah was deputed by Artaxerxes to be Governour of Judaea , and had commission to rebuild Jerusalem and the Temple , the neighbour Kings that opposed him were enemies to Artaxerxes , because Nehemiah was lieutenant to the King. He that despiseth me , despiseth him that sent me , saith our Blessed Saviour . Senatus faciem secum attulerat , auctoritatem reipublicae , said Cicero of one that was deputed and sent from the Senate . He had the gravity of the Senate and the authority of the Commonwealth . Now this being true of the supreme Power in every Government , that it is potestas Dei vicaria , it is the Minister of God , appointed 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 , He that resists , resists the ordinance of God * . 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 Jews under Nabuchodonosor , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their great Sanctuary ; which in behalf of the Christians Gregory Nazianzen thus expresses , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I have but one remedy against all my evils , one way to victory , thanks be to Christ , I can die for him : that 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 necessary not to resist . I do not know any proposition in the world clearer and more certain in Christianity then this Rule , and therefore cannot recount any greater instance of humane infirmity then that some wise men should be abus'd into 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 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 never 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 Conscience 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 necessary 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 . 1. The Scripture is plain , Curse not the King , no not in thy thought : and , 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 , there is power , and who may say unto him , What does thou ? Against him there is no rising up . There are many more excellent words in the Old Testament 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 , Doe not slight him , so it is in the Hebrew ; Regi ne detrahas , so it is in the Vulgar Latine , Disparage not the King : but the Chaldee paraphrase addes , 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 Raziel does every day from heaven cry out upon the mount of Horeb , and his voice passes into all the world : and Eliahu , 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 . By the way I onely observe this , that we are forbidden to speak evil of the rich or the mighty man , the wise man , so the Chaldee calls him , that is , the Princely men of the world , the Magistrates and Nobles , whom S. Peter calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Captains or rulers sent by the King : 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. Peter calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , then it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 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 . In the New Testament , sufficient are the excellent words of our Blessed Saviour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to resist evil , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Gods minister to be a revenger of wrath under him . 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 Solomon , that 's cursing the King in our thought , 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 . Render to Cesar the things that are Cesars ; and to Pilate Christ said , Thou shouldest have no power over me unless it were given thee from above ; meaning that Cesars power , whose Deputy Pilate was , was deriv'd from God , and consequently that , except God , none is greater upon Earth then Cesar : and again , If my Kingdome were of this world , my servants would fight for me ; which plainly enough confirms the power of the Militia in the supreme Magistrate , Christ leaving it where he found it . But that there may be no dispute concerning these things , the Apostles , who are expounders of the words of Christ and the meaning of his Spirit , tell us plainly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be subject 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to supreme powers ; the same with S. Peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to the King as to the Supreme , 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 minister for good , that is , for the publick good , under which thine is comprehended : 5. Because it is necessary ; the necessity being apparent in the nature 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 fear , hereafter upon the account of conscience ; for both for fear and for Conscience we must obey in good things and lawful , & we must not resist in any . For indefinitely we are commanded not to resist , without any distinction reservation of case ; and Ubi lex non distinguit , nemo distinguere debet . 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. Pauls discourse , Rom. 13. per totum . S. Paul was the Doctor of the Gentiles , S. Peter of the Jews : and therefore this doctrine is sufficiently con●ign'd to all the world : for S. Peter hath preach'd this doctrine as largely as S. Paul , Submit your selves to every ordinance of man , for the Lord , that is , for his sake , upon his Commandement and for his honour ; these ordinances being Gods ordinances , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they are ordain'd by God , all of them , the King principally , his captains & officers which he hath sent , in the next place . But him and his Ministers we must receive & honour and obey , & submit to them ; for it is Gods case & his Ministers ; God & his Ministers & Lieutenants , the King & his . He that despises him whom the King sends , despises the King ; and he that despises him whom God sends or makes his deputy , despises God. Submit therefore , for it is the will of God ; Submit , for this is well-doing ; Submit , for so we shall put to silence the ignorance of foolish men : 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 adversaries . Now the specification of this great duty and the particular case of Conscience follows ; Fear God , Honour the King : Servants be obedient to your Masters ; not onely to the good and gentle , but also to the froward . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for this is thank-worthy : and this is full to the question in hand . For the general precept which S. Peter gave is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , submit to every ordinance , to the King , to his Magistrates or deputies & 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 , & 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 service . Then would my servants fight , said Christ , meaning it of the subjects of his Kingdome : and Livy cals populum Romanum servientem cum sub Regibus esset , they did serve their Kings . * And indeed as the Governments 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 & Captains ; and whether it were or no , it is for the former argument [ from the less to the greater affirmatively ] infinitely certain that the same duty is due to Kings though harsh and cruel : for indeed there were then none else ; Nero was the supreme , and he was none of the best that ever wore purple . It were very easy to draw forth more arguments from Scripture to this purpose ; 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 Apostles did make use of that argument which I urg'd out of Solomon , that we are not to speak evil of the King ; from whence the unlawfulness of resisting is unanswerably concluded : for S. Jude giving the character of the worst of men and the basest of hereticks , reckons up in the bill of their particulars , that they despise dominion and speak evil of dignities ; which as it is an infallible mark of an evil person , so it is a using of a Prince worse then S. Michael the Archangel 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a judgment or accusation with blasphemy in it : for all evil language of our Superior is no better then blasphemy ; He did blaspheme God and the King , was the crime pretended against Naboth . If from the plain words of Scripture we descend to the doctrine and practices of the Church of God , 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 compendium ; 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 . Tertullian boasts with confidence , that when Pescennius Niger in Syria , and Clodius Albinus in France and Britanny rebell'd against Septimius Severus a bloody and cruel Emperour , and pretended piety and publick good , yet none of the Christians joyn'd with either . The Theban legion in the 18th year of Diocletian suffer'd themselves to be cut in pieces every man , six thousand six hundred sixty and six in number , by Maximianus the Emperour ; no man in that great advantage of number and order and provocation lifting up their hands , except it were in prayer : of these Venantius Fortunatus hath left this Memorial , Queis positis gladiis sunt arma è dogmate Pauli , Nomine pro Christi dulcius esse mori . Pectore belligero poterant qui vincere ferro Invitant jugulis vulnera chara suis. 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. Paul. But when Julian was Emperour , an apostate from his religion , a great persecutor of the Christians , and who by his cruelty ( as Nazianzen 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 counsels 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 religion , which who please may find in S. Clement constit . l. 7. c. 17. S. Irenaeus lib. 5. Advers . haeres . c. 20. Justin Martyr , Apolog. 2. ad Antonin . Imperatorem , Tertullian ad Scapulam , & Apolog. adv . Gent. cap. 30. S. Cyprian ad Demetrianum , Hosius apud Athanas. ad solitariam vitam agentes , Liberius ibid. S. Hilary ad Imperat. Constantium , S. Athanasius ad Antioch . quaest . 55. & Apolog. ad Constant. vide etiam factum Basilii in Monodia Nazianz. inter opuscula Basilii , Nazianzen . 2. orat . contr . Julian . Optatus Milevitanus lib. 3. contr . Parmen . S. Chrysostom . orat . 2. ad pop . Antioch . tom . 6. edit . Savil. * S. Ambrose Epist. 33. ad Marcellinam , S. Cyril . in Evang. Johan . l. 12. c. 36. S. Hieron . comment . in 2. Dan. S. Augustin . lib. 4. de civit . Dei , c. 33. & lib. 5. c. 21. & in Psalm . 124. * Anastasius P. epist. unic . ad Anastasium Imper. Symmachus P. ad eundem Anast. Imp. Leo P. ad Leonem Imperat. & epist. 13. ad Pulcheriam , S. Gregor . Mag. Epist. l. 7. ep . 1. After him succeeded ( Sabinianus being interpos'd for one year onely ) Boniface the third , who obtain'd of Phocas to be called universal Bishop : since when periit virtus Imperatorum , periit pietas Pontificum , saies one , the Kings lost their strength and the Bishops lost their piety ; yet in the descending ages God wanted not many worthy persons to give testimonies to this great truth and duty . Such were Stephen the sixth apud Baronium tom . 10. A. D. 885. n. 11. Gregorius Turonensis hist. lib. 5. cap. 1. Concil . Toletan . 5. can . 2. & Concilium Toletan . 6. c. 14. Fulgentius parallel . ad Thrasimundum Regem , Damascen . parallel . 1. c. 21. V. Bede , lib. 4. expos . in Samuel . Leo 4. cap. de capitulis , dist . 15. S. Bernard epist. 221. to Lewis le Gros : vide etiam epist. Walthrami Epis. Nanumberg . quae habetur in appendice Mariani Scoti . Now it is very observable that in the succession of about six Ages , 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 ) Lucifer Calaritanus , who indeed spake rude and unbeseeming words of Constantius the Arrian Emperor ; but that he may lessen nothing of the universal consent to this doctrine , S. Ambrose 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 Gregory the Great , it was not unusual for the Bishops of Rome 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. Gregory the seventh , P. Urban and Paschal , 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 Liege in behalf of the Emperor and of their Bishop , who with his Chapter was excommunicated for adhering to his loyalty , and Robert Earl of Flanders commanded by the Pope to destroy him and all his Priests . But in behalf of Princes & the duty of subjection to them many excellent things were spoken , divers judgments of God fearfully falling upon rebellious people are recited , not onely in that Epistle of the Clergy of Liege , but in the life of Henry the 4 th , Emperor , in fasciculo rerum sciend . published at Colen . From all these Fathers and Ancient Authors now cited , magnum mundo documentum datum est ( that I may use the words of the Author of the book last cited ) a great instruction and caution is given to the whole world that no man rise up against his Prince . For all these Authors give clear and abundant testimony to these truths , That the power of the supreme Magistrate 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 Herman and Egbert that did so were confounded for so doing , as though they had never been , That Rudolphus 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 express , 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. Bernard tells a pretty little story , in a Sermon upon these words of Christ , I am the Vine : Bene quidam Rex cùm percussus humanâ sagittâ , &c. It was well said of a King who being wounded with a barbed arrow , 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 answer'd , Regem ligari nullo modo decet , A King must at no hand be bound ; let the King be ever safe , but let his power be at liberty . I end this topick with the words of S. Austin and of the sixth Councel of Toledo , Non tribuamus 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 & quantum voluit Romanis regnum dedit : qui dedit Assyriis , vel etiam Persis ; qui Mario , ipse Caio Caesari ; qui Augusto , ipse & Neroni ; qui Vespasiano , vel Patri vel Filio , suavissimis Imperatoribus , ipse & Domitiano crudelissimo ; & ne per singulos ire necesse sit , qui Constantino Christiano , ipse Apostatae Juliano . Hoc planè Deus Unus verus regit , & gubernat ut placet . The one true God , who never leavs mankind destitute of right and help , hath given a kingdome to the Romans , as long as he please and as much as he please . He that gave the supreme power to the Assyrians , he also gave it to the Persians . He that gave it to Marius a common Plebeian , gave it to Caius Caesar who was a Princely person . The same authority he gave to Nero that he gave to Augustus ; he gave as much power and Authority to the most cruel Domitian as he gave to Vespasian and to Titus the gentlest and the sweetest Princes ; and to be short , he gave the Authority to Constantine the Christian , and the same afterwards to Julian the Apostate : for this great affaire he rules and governs as he please . But all this is no more then what natural and necessary reason does teach all the world : Hanc Deus & melior litem natura diremit . 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 dispensation 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 . Naturam vero appello legem Omnipotentis Supremique Patris , quam prima ab origine rerum Cunctis imposuit rebus , jussitque teneri Inviolabiter . — 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 discourses they should govern themselves in order to that end which is perfective 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 Aristotle observes , Homines adductos ratione multa praeter mores & naturam agere , si aliter agi melius esse sibi persuaserint , Men doe somethings against their natural inclination , if by natural reason they find it best to doe so . 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 defence 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. Pauls argument , I exhort that prayers and supplications be made for all men ; for Kings and all that are in authority , that we may lead a quiet and a peaceable life in all godliness and honesty : 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 necessary 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 resisting 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 , and does owe obedience and maintenance , and honour and peace . Generale pactum est societatis humanae obedire Regibus suis , said S. Austin , It is a covenant that all mankind have agreed in , to be obedient to their Kings . But all this is true : 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 ? This is that I have been saying all this while , 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 indivisibili ? If it does not , then many things are like it , and who can secure that the subjects shall judge right ? For if they were infallible , yet who will engage that 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 ? 2. What remedy is there is case the supreme power be ill administred ? will not any remedy bring greater evils then the particular injustices which are complain'd of ? It was well said of Xenophon , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that opposes his General and Prince , opposes his own safety . For consider , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , For by nature it is necessary and profitable and order'd accordingly , that one should rule and the rest should be obedient . And therefore these wild cases are not to be pretended against that which natural reason and natural necessity have established . 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 , & , as they see occasion , cut their throats that the inheritance may be theirs . Whom can we suppose worse then Julian , then Domitian , then Nero ? and yet these Princes were obeyed , and did never proceed to the extremity of such desperate hostilities : Nay Nero , 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 Nero's fourteen year . And who please both for their pleasure and their instruction to read the Encomium of Nero written by the incomparable Cardan , shall find that the worst of Princes doe much more good then they doe harm . But , semper Corpori grave est Caput , the head alwaies akes , and is a burden to the shoulders , and we complain much of every little disorder . Put case a Prince by injustice doe violence to some of his subjects , what then ? Qui unum , qui plures occidit , non tamen reip . laesae reus est , sed caedis , said Seneca , It is not the killing of some Citizens that destroyes 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 . Quis Princeps apud nos regnavit è Vi●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 ambition ? very few . And he that reads Hector Boethius his history of Scotland may say as much as Cardan , 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 Albericus Gentilis ) 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 ? Oppression will make a wise man mad ( saith Solomon ) 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 . 3. But I demand , Are there no persons from whom if we receive wrong we must not be avenged of them ? To a Christian it had been a more reasonable inquiry , whether there be any persons of whom we may be avenged . 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 ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to bear our Fathers unjust wrath was one of the precepts the young man of Eretria had learnt of Zeno : and what then if we be injur'd by the publick Father ? Magno animo Regis , velut parentis contumeliam tulit ; it was said of Lysimachus : & ut parentum sa●vitiam sic Patriae patiendo ac ferendo leniendam esse , said Livy . If we must bear with our Fathers , so also with our Princes . Vi regere Patriam aut Parentes , quanquam & possis , & delicta corrigas , importunum est , said 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 . And it was an excellent saying which Cicero had from Plato . 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 : & qui hanc causam sibi fuisse ait reipublicae non attingendae , quod cum offendisset populum Atheniensem propè jam desipientem senectute , cumque eum nec persuadendo nec cogendo regi posse vidisset , cum persunderi posse dissideret , cogi f●● 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 government of your Country . And when Plato saw the people of Athens 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 . But can any man loose 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 whatever we suffer under evil Princes , to be quiet and peaceable is infinitely better then to resist : For that shall have a good reward ; this 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 . 4. But again I consider , 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 purchase ? 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 uncircumscrib'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 Livy , si quis adversus ea fecisset , nihil ultrà quam improbè factum adjecit lex , 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 neither 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 . Either then stop all pretences , 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 Government 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 derniere resort , 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 . It were easie to adde here the sentences of the wise heathen to this very purpose ; for though religion speakes loudest in this article , yet nature her self is vocal enough : but I have remark'd some already occasionally , to the same sense with that of Tacitus , Imperatores bonos voto expetendos , qualescunque tolerandos : So the wiser Romans at last had learnt their duty . The same also was the sentence of the Greeks ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , We must patiently suffer the follies of our Rulers . So did the Persians , — quamvis crudelibus , aequè Paretur Dominis , Though the Lords be cruel , yet you must obey them as well as the gentle . 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 Barclay , in Grotius , in Monsieur de la Noüe , in Albericus Gentilis , in Scipio Gentilis , in Bishop Bilson , in Petrus Gregorius & Bodinus . 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 . They had real advantages ; and these had words in present , and repentance in reversion . RULE IV. The Supreme Civil Power is also Supreme Governour over all persons and in all causes Ecclesiastical . IF this Rule were not of great necessity for the conduct of Conscience , as being a measure of determining all questions concerning the Sanction of and obedience to 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 Guelphs and the Gibellines , from Rome and from Scotland , from S. Peter and S. Andrew , the Papist and the Presbyterian : 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 . 2. From the Church of Rome we have many learned men , servants of the Pope , who affirm that all Government● Ecclesiastical belongs to him ; that he onely can make lawes of Religion , that in that he hath a compulsory 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 , in ordine ad Spirituale bonum , for the good of the Church and of religion he can dispose of them . The great defenders of this doctrine are a Bellarmine and b Baronius , c Harding and d Eudaemon Johannes , e Fevardentius and f Mariana , g Boucher and h Ficklerus , i Alexander Carerius and k D. Marta , l Doleman , and generally the Jesuits , and all the Canonists . On the other side , the Presbytery pretends mightily to the scepter of Jesus Christ , as the Pope does to the Keyes of S. Peter , 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 Calvin are m Beza , n Cartwright , o Lambertus Danaeus , p Gellius Snecanus , q Guil. Bucanus , r Hermannus Renecherus , s Buchanan , t Christopher Goodman , u Brutus Celta , w Francisc. Hottoman , the Author of the Book called Speculum tyrannidis Philippi Regis , x and the Dialogues of Philadelphus : and if any one would see more of these , he may find enough of them in the writings of that Excellent and Prudent Prelate Dr Bancroft Archbishop of Canterbury . Concerning the pretences of the Church of Rome , they are as invalid as can be wish●t . For although there are some overtures of Scripture made , as Tibi dabo claves , and Ecce duo gladii , and Pasce oves , 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 Maestricht in an excellent oration of his recorded by Aventine . Ambitiosi & superbi sunt qui illud Domini Deique nostri elogium , Quodcunque solveris super terram , &c. & quodcunque ligaveris erit ligatum , &c. perfrictâ fronte interpretando adulterant , suae libidini servire cogunt , & nobis ceu pueris , & omnium rerum imperitis , astu illudere student , 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 therefore upon wiser accounts they cause this great article to rely upon some prudential motives , and some great precedents and examples . The particulars I shall consider in the following numbers : but that which here lies in my way is their great boast of the fact of Pope Zachary deposing Childeric King of France in the year 750 , and appointing Pepin the Kings Marshall to be King in his Room . Upon the warranty of this Example Gregory the 7th endeavour'd to justify his proceedings against the Emperour Henry 4th . Bellarmine 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 France . They indeed were willing but they had no authority , therefore they appeal'd to him as the Ordinary Judge ; and he declared for Pepin , and God declared for that Judgement that it was according to his will : for the event was blessed , Pepin was prosperous , and his son Charles the Great grew a mighty Prince , and France a potent Empire , and Religion and the Church had great increment and more advantages then before or since . But when men judge of actions by the events , they onely shew themselves 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 infinitely seen in this very instance . For it is no wonder that the Church of Rome was prosperous and did thrive upon that change : Pepin and Pope Zachary helped one another and divided the spoil ; and Pepin and Charles having no warranty and reputation in that treasonable surprize of the Crown of France , but what they had from the opinion the world then had of the Bishop of Rome , it concern'd Charles to advance the Papacy , that the Papacy might support him . But by all that is before him in this world , a man knows not whether he be worthy of love or hatred , saith Solomon ; and a mans fortune is seen in his children : and therefore if the Popes servants would look a little further then their own advantages , they might have consider'd what is observed by Paulus Aemilius and Beneventus of Imola , that in the days of Charles the Great , who was son to Pepin , the Empire was divided ; ( which was the curse in which God punish'd Solomon in the person of Rehoboam ) that his son Ludovicus Pius was serv'd just as his Grandfather serv'd his Master the King , for his son Lotharius did most unnaturally 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 Lewis the second , who was prosperous in nothing , but in every undertaking the wind blew in his face . His son was Ludovicus nihili , 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 Charles the Bald was an extreme pitiful coward , and Charles le gross was a fool . After these succeeded Arnulph , who was eaten up with lice , the sad disease of Herod ; and in his son Lewis 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 Zachary , ( though it was not his authority , but his consent and his confederacy 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 Divine 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 consequents 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 . But as for the other pretenders ( viz. those of the Presbytery , ) 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 govern 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 Spiritual were to be above the Temporal , yet even then they are not the better . For they have not onely none of that Spiritual 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 Government and power ; which being one of the words and works of Christ , must needs be as firme as heaven and earth . But if they be concern'd , they will be concluded . And first in general , 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 , * for the affaires of Religion are one half of the interest of mankind : and therefore the laws of the XII Tables made provision for religion as well as for the publick interest . Jus triplex tabulae quod ter sanxêre quanternae Sacrum , Privatum , & populi commune quod usquam est . And this is so naturally and unalterably entail'd upon the supreme power , that when Attalus the King of the Pergamenians made the people of Rome his Heire with these words onely , Populus Rom. bonorum meorum haeres esto , Let the people of Rome be Heire of all my goods ; by [ His goods ] they understood , Divina Humanáque , publica & privata , saith Eutropius , & Florus , all power in things publick and private , Humane and Divine . For since Religion 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 ; and this I learn'd from Justine . Jure ille à Diis proximus habetur per quem Deorum Majestas vindicatur , He is rightly plac'd next under God , by whom the Majesty of God is asserted . And therefore the Christians must alter their style , and no more say that the Prince is homo à Deo secundus , & solo Deo minor , ( which are the words of Tertullian ) 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. Paul concerning controversies civil , for money or land , Set them to judge who are least esteemed amongst you ; for that is of the least concerne : but he that is Judge of life and death , that is , the Governour of bodies , and he that governs the greatest affaires of souls , he indeed ought to be of highest estimation . Bishops and Priests are the great Ministers of Religion , but Kings are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the great Rulers and Governours of it . And this is easy to distinguish . For as the Kings Judges and Councel 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 battels , and yet he is summus Imperator , and the power of the Militia 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 . 2. The care of religion must needs belong to the supreme Magistrate , because religion is the great instrument of political happinesse : ad magnas Reip. utilitates retinetur religio in civitatibus , saith Cicero ; 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 militia ; 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 . Dii multa neglecti dederunt Hesperiae mala luctuose : and Cicero , Omnia prospera eveniunt colentibus deos , adversa spernentibus , The people that have care of Religion are prosperous , but unhappy when they are irreligious . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Euripides ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Religion is the band of families , and a strong foundation to Common-wealths . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Plutarch ; it is the ligature of all communities , and the firmament of lawes : the same with that of Synesius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , First let religion be setled , because it is the strong Base and columne upon which a Kingdome does relie . And of this we have God himself a witnesse : Seek the Kingdome of heaven and the righteousnesse thereof in the first place , and all these things [ that is the necessaries of the world and of this life ] shall be added . For so saith the Apostle , Piety is profitable to all things , having the promise of the life that now is , and of that which is to come . And to this that of Homer rarely accords , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The sense of which is well enough rendred by that of Justinian , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that he would take care concerning Ecclesiastical government or the affaires of religion ; for if this be kept in peace , all the whole republick will be prosperously administred , reliqua nobis exuberabit politia . So it is rendred by one of our Saxon 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 . * By religion Princes increase their Empire . So † Cicero affirmes of the Romans , non calliditate ac robore , sed pietate ac religione omnes gentes nationesque superavisse , They overcame all the Nations not by force or craft , but by piety and religion . To which purpose is that of 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 . 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 signifies 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. Austin in his epistle to Bonifacius . How doe Kings serve the Lord in fear , but by forbidding and by a religious severity punishing those things which are done against the Lords Commandements ? 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 contrary . So did Hezekiah serve God by destroying the Groves and the idol Temples , and all those things which were built against the Commands of God. In the like manner King Josiah did serve God : and the King of Nineveh serv'd him by compelling all the city to serve the Lord. Thus King Darius serv'd God by delivering the idol to Daniel to be broken , and casting his enemies into the Lions den : and Nebuchadnezzar 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 . Now if religion be the great interest , the preserver , the enlarger of Kingdomes , 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 Plutarch , that a city might be as well built in the aire , without earth to stand upon , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as a republick can either be constituted or preserved without the support of religion . That supreme power therefore that hath no government of religion is defective in a necessary part of it's life and constitution . 3. The supremacy and conduct of religion is necessary to the supreme power , 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 , * and a security for Princes in closets and retirements , and his best guard against treasons ; it is also that by which the common people can be carried to any great or good or evil designe . And therefore Livy observes of Numa , 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 therefore the Prince cannot rule without it : He is but the 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 . 1. Because the propositions and opinions of religion have and are directly intended to have great influence upon the whole life and all the actions of mankind . For how if the Ministers of religion preach the Stoical 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 ? Suetonius saies of Tiberius , that he was religionis negligentior , quippe persuasionis plenus cuncta fato agi , careless of religion , because he was fully perswaded that all things came by destiny . To what purpose are laws or punishments , 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 Plato 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 religion of some men , [ That Dominion is founded in grace ; that evil Princes may be deposed ; that hereticks may be excommunicated , and their subjects 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 , provided we think up the truth ; that Kings are but executioners of the decrees 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 . 2. The other great cause is this , Because religion hath great influence 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 Henry the third of England , 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 suffer 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 , is that which Arnaldus Ferronius tels of , that the Roman Lawyers answer'd to Ferdinandus Davalus , that at the command of the Pope he might take up arms against the Emperour Charls the fifth , his Prince , without any guilt of Treason . And it was yet very much worse which was done and said by the Pope John 22. against the Emperor Lewis the 4. Quod si nobis obtemperare detrectaverit , Patriarchis , Episcopis , cunctis Sacerdotibus , Principibus , Civitatibus imperamus ut eundem deserant , ac nobis parere cogant , Patriarchs and Princes , Bishops and Priests were not onely allowed , but commanded to forsake their Emperour , & to compel him to obey the Bishop of Rome . By these and much more it appears , the evil Ministers of a false religion have great powers of doing what they please : Nam faciunt animos humiles formidine Divûm , Depressosque premunt ad terram — They make the people absolute slaves , and lift them up again with boldness to doe mischief . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Plutarch , The rude people are easy and apt to superstition : and when they are in , they are ready for any violence . Superstitione qui est imbutus quietus esse non potest , said Cicero : 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 . The Priests of Jupiter in the Island of Meroe did often send the people to kill their Kings . Eunus a Roman slave arm'd 60000 men upon pretence of a religious extasy and inspiration . Maricus in France did the like : so did an Egyptian in the time of Claudius the Emperor , mention'd by Josephus , who led after him 30000. men against the Romans . The two false Christs , the one in the time of Vespasian , the other under Hadrian , prevailed to the extreme ruine of their miserable country-men . Leo & the Turkish Annals tell us strange events & overthrows of Government brought to pass by the arts of religion in the hands of Elmahel and Chemin Mennal in Africa : the first taking the Kingdome of Morocco from Abraham their King , together with his life ; the other forcing the King of Fesse to yield unto him the Kingdome of Temesna . In Asia Shacoculis of the Persian 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 . They that knew none of these stories did know others like them , 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. 1. 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 being 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 Aristotle and A●axagoras were accused ; Socrates and Protagoras were condemn'd , for holding opinions and teaching contrary to the religion of their country , and it was usual with the Athenians so to proceed : so Josephus writes of them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they did severely punish any man that speak but a word against the religion established by law . The Scythians also put Anacharsis to death for celebrating the feast of Bacchus by the Graecian rights — For these nations accounted their country gods to be entertain'd and endear'd by their country religion , and that they were displeas'd with any new ceremonies . * But this thing was most remarkable in the state of Rome . For this was one of the charges which they gave to the Aediles , Ne qui nisi Romani Dii neque alio more quam patrio colerentur . And Marcus Aemilius recited a Decree to this purpose , Ne quis in publico sacrove loco novo aut externo ritu sacrificaret . And this they made a solemn business of , saith Livy , quoties Patrum Avorumque aetate negotium Magistratibus datum est ut sacra externa fieri vetarent , In the daies of our Ancestors they often made laws forbidding any stranger rites ; but commanded that onely their own country gods should be worshipped , and that after their country manner . For this was enjoyned in the laws of the XII . Tables , Nemo separatim Deos cabessit . No man must have a religion of his own , but that which is appointed by laws . And upon this stock Claudius banished the Jews from Rome , and quite extinguish'd the superstition of the Druides , which Augustus Caesar had so often prohibited . But most full to this purpose is the Narrative which Dio makes of the counsel which Mecaenas gave to young Octavian , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . And therefore to prevent innovations in religion , the Romans often inquir'd after those who had books of strange religions , and when they found any they burn'd them ; as we find in Livy and Suetonius . They would not suffer the rites of religion to be publickly disputed : and Augustus would not have the Causes of the Rites of Ceres heard in open Court. And when Ptolemy of Egypt was press'd to hear the Controversy between the Jewes and the Samaritans 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 arguments but those which were taken from the received laws of their Country , the law of Moses : they did so , and the advocates of the Samaritan party being overcome were put to death . For they knew that to introduce a new religion with fiercenesse and zeal would cause disturbances and commotions in the Common-wealth ; and none are so sharp , so dangerous and intestine as those which are stirred by religion . Pro aris & focis is the greatest of all contentions , for their Countrey religion and their Countrey dwellings : for their Altars and their hearths even old women and children will carry clubs and scalding water . * This caution therefore was also observ'd by Christian Princes . Justinian gave in charge to the Proconsul of Palaestine to prevent all popular tumults which from many causes use to disturb the Province , tum verò maximè ex diversitate religionum… . quandoquidem ut multos illic tumultus existere cernimus , neque leves horum eventus : but especially those that proceed from diversities of religion ; for this begets many tumults , and these usually sit very heavy upon the Common-wealth : the changes of religion being most commonly the most desperate paroxysmes that can happen in a sickly state . Which Leontinus Bp. of Antioch express'd prettily by an Emblem ; for stroaking of his old white head , he said , When this snow is dissolv'd , a great deal of dirty weather would follow : meaning when the old religion should be question'd and discountenanc'd , the new religions would bring nothing but trouble and unquietnesse . This course of forbidding new religions is certainly very prudent , & 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 : ut respublica salva sit ; 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 religions , excepting him onely who can change the law , and secure the peace . Beyond this no compulsion is to be us'd in religion : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said S. Clemens Alexandrinus , All religion must enter by exhortation ; for it is intended 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 . The same with that of Theodoricus King of the Romans , Religionem imperare non possumus , quia nemo cogitur ut credat invitus : and Theobaldus writing to the Emperor Justinian argued well , 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 . And therefore the old Romans , the Greeks , the Scythians , 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 conducted in the hands of the Civil power shews that to be supreme even in the Questions of Religion . 2. The other which was found out by Men , is that they did take the priesthood into the hands of the supreme civil power ; and then they were sure that all was safe . The Egyptians chose their priests out of their Schools of learning , and their Kings out of their Colledges of Priests . The Kings of Aritia , a place not far from Alba , were also priests of Diana : The same is reported of the priests of Bellona , that they were the Kings of Cappodocia , saith Hirtius ; and the priests of Pantheon were supreme Judges of all causes , and conductors of all their warres . The Kings of Persia were alwayes consecrated to be Princes of the ceremonies , so was the King of Lacedaemon : and at this day the Kings of Malabar are also Bramenes or priests ; and it was a law amongst the Romans , Sacrorum omnium potestas sub Regibus esto , The power of religion and all holy things was to be under their Kings : and Virgil ever brings in his Prince Aeneas as president of the sacrifical rites ; and of something to the same purpose Ovid makes mention , Utque ea nunc certa est , ita Rex placare Superna Numina lanigerae conjuge debet ovis . The King with the sacrifice of a Ram was to appease the Gods. So did Romulus and Numa ; Romulus auspiciis , Numa sacris constitutis fundamenta jecerunt Romanae civitatis , said Cicero : they built Rome , and religion was the foundation of the city . And the same custome descended with the succeeding Kings , as Dionysius Halicarnassaeus reports , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , They had the government of all sacrifices and holy rites , and whatsoever was to be done to the Holy Gods , was done by them . When afterwards they separated the priesthood from the civil power , 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 , nor have any imployment in the army , nor make an oration to the people , nor meddle with publick affaires : and yet besides this caution , the supreme Magistrate was Pontifex Maximus ; and although he did not usually handle the rites , yet when he pleas'd he made laws concerning the Religion , and punish'd the Augurs , and the Vestal virgins , and was superior to the Rex sacrorum , and the whole College of priests . But when the Common-wealth was changed into Monarchy , Augustus 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 Tacitus said of the Roman Emperor , nunc Deûm munere summum Pontificem summum hominum esse , The greatest priest is also the greatest 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 . 3. For God hath instrusted Kings with the care of the Church , with the custody of both the Tables of his Law , with the defence of all the persons of his Empire ; and their charge is to preserve their people in all godlinesse 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 understood . 4. But this appears in that Kings , that is , the supreme power of every Nation , are vicegerents of Christ , who is Head of the Church , and Heire of all things ; 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 , and by him Kings reigne . So S. Athanasius , * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Christ taking his throne hath translated it & given it to holy Christian Kings to return them back to the house of Jacob. The Fathers of the Council of Ariminum writing to Constantius the Arrian Emperor , say to him , that by Christ he had his Empire given him ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , By him thou art appointed to reigne over all the world . And upon this account Liberius gave him this advice , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Fight not against him who hath given thee this Empire ; and in stead of thanksgivings , pay him not with dishonour . For the Prince being an Arrian and denying the Divinity of Christ , did dishonour 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 supreme 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 for them who shall be heires of Salvation . 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 deputies . 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 sinners , 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 . The Government is upon his shoulders , 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 by me Kings reigne , saith the wisdome of God , and it is one of his most glorious appellatives , that he is Prince of the Kings of the earth ; and it is as certain that none of this kingly power was given to the ministers of religion , but expressly denied to them . The Kings of Nations exercise dominion ; that 's their province : but it shall not be so amongst you : But he that is greatest amongst you let him be your minister . 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 , but the care : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for to joyne the kingdome and the priesthood Evangelical is to joyne in one band things of the most differing nature : 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 allowed them by laws and by necessity , and by their reason : But priests must not seek their owne , but only the things of Jesus Christ. 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 blessed Saviours word is rendred by S. Matthew by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Kings of the people doe rule Imperiously . This very word is also us'd by S. Peter , and forbidden to the elders of the Church , and to it is oppos'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to feed the flock like shepherds . The manner of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 us'd by S. Paul , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 us'd by S. Matthew and S. Peter , the exercising dominion is compulsion , and great riches : this is also forbidden to the Clergy , they must not doe any thing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not for profit to themselves , not with violence or imposing necessity upon others . The Ministers of religion are very considerable in this Kingdome of Christ , to promote and to advance it by holy preachings and holy ministrations : but it is true which was solemnly declar'd in Babylon to the prince of the Captives , officium ipsi non potestatem injungi , et ab eo die incipiendum ipsi servire omnibus ; 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 Christian King or supreme magistrate can doe every thing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Comatenus said , onely except the sacred Ministeries : which is the same which was said by the famous Bishop of Corduba , Hosius in Athanasius ; Neque igitur fas est nobis interris Imperium tenere , neque tu sacrorum et thymiamatum habes potestatem , Imperator , hoc est jus adolendi . The good Bishop was speaking of the fact of Ozias , who though he had power over the priests , yet had nothing to do to meddle with the rites of priesthood : It is not lawful for us to meddle with Empire or the rights of Government ; nor for thee , O Emperour , with the rites of incense . 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 . 5. So that now I shall not need to make use of the precedents of the Old Testament , nor recite how David order'd the courses of the Levites , the use of the bow in the Quire , the solemnities of publick service , nor how Solomon put Abiathar from the High-priesthood , nor how Jehu , nor Hezekiah , nor Josiah reform'd religion , pull'd down Idols , burnt the groves , destroyed the worship of Baal , reduc'd the religion of the God of Israel . This indeed is an excellent argument , because it was a time in which God gave his Priests more secular eminency and external advantages 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 England 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 Hebrews had over the Synagogue : But I find the ancient Doctors of the Church pressing much upon the former medium , That Christ hath specially intrusted his Church to Christian Princes . For , 6. Christ shall call Christian Kings to account for souls . Cognoscant Principes seculi Deo se debere rationem reddere propter Ecclesiam quam à Christo tuendam suscipiunt . Nam sive , augeatur pax & disciplina Ecclesiae per fideles Principes , sive solvatur , ille ab eis rationem exigit qui eorum potestati suam Ecclesiam credidit , said 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 account from them . And therefore P. Leo to Leo the Emperor gave this advertisement , Debes incunctanter advertere Regiam potestatem tibi non solum ad mundi regimen , sed maximè ad Ecclesiae praesidium esse collatam , You must diligently 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 . 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 promotes 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 defence declares his right and Empire . Ex quo Imperatores facti sunt Christiani res Ecclesiae ab ipsis dependisse : so Socrates expresses this question . Ever since the Emperors became Christian the affaires of the Church have depended upon them . 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 called the Princes into the house of Jacob , and taught them how to administer his power to the purposes of his own designement . Hence come those expressions us'd often by Antiquity concerning Kings , calling them Vicarios Dei , verae religionis Rectores , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Deputies of God , Governours of true Religion , the Captains and Conductors of faith and Godlinesse ; ad quorum curam , de qua Deo rationem reddituri erant , res illa maximè pertinebat , For to their care Religion and the Church did belong , and concerning that care they were to give an account to God. Now if we descend to a consideration of the particular charges and offices of Kings in relation to the Church , it will not onely be a mighty verification of the Rule , but also will minister to the determination of many cases of Conscience concerning Kings and concerning the whole order Ecclesiastical . This I shall doe in the following Rules , which are but appendices to this . RULE V. Kings have a legislative power in the affaires of Religion and the Church . THis is expressely taught by S. Austin . In hoc Reges sicut eis divinitus praecipitur Deo serviunt in quantum Reges sunt , 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 respective kingdomes they command good things and forbid evil , not onely in relation to humane society , but in order to religion . The least part of this power is to permit the free exercise of it , and to remove all impediments , and to give it advantages of free assemblies , and competent maintenances and just rewards and publick encouragements . So Cyrus and Darius gave leave and guards and rescripts , warranty and provisions and command to the Jewes of the Captivity to build the Temple . So Constantine and Licinius did to the Christians to practise their religion . Thus Hezekiah 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 Bethel , 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. That which is yet more considerable is , 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 adultery , 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 . Hoc jubent Imperatores quod jubet Christus ; and it is a great service to Christ that the fear of men be superadded ; because to wicked persons and such for whom the severity of laws was made , it often prevailes more then the fear of God. But that which is more then all this is , that besides those things in which God hath declar'd his will , the things of the Church , which are directly under no Commandement of God , are under the supreme power of Christian Princes . I need no other testimony for this but the laws themselves 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 of divers Popes who in their epistles gave command to their Clergy to observe such laws which themselves had received from Imperial edicts . For there are divers laws which are by Gratian thrust into his collection which were the laws of Christian Princes . The Canon Judicantem . 13. q. 5. expressing the office of a Judge in the Cognisance of causes , attributed by Gratian to Pope Eleutherius , was a law made by the Emperor Constantine , l. 1. C. de Judic . C. Theodos. and so was that which was attributed to P. Fabian against accusers , Can. si quis iratus : it is in the Theodosian Code and was made by the same Prince . The Canons which goe under the names of a Sixtus and b Adrian and Fabian before cited of the same title were made by Gratian the sonne of Valentinian the Elder : c who also made the rescripts for restitution of Church-goods taken from Bishops when they were forc'd from their Sees , attributed to Pope Caius and Pope John. Theodosius the Emperour made the Canon qui ratione * for order in accusations , which yet is attributed to Pope Damasus , 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 Consanguineos , for separation of marriage within the prohibited degrees , was not the Popes , but made by Theodosius , as it is thought , at the instance of S. Ambrose : and Valentinian made the Canon Privilegia for confirmation of the privileges of the Church , which goes under the Name of Anacletus . I could reckon divers others , for indeed the volume of the Decrees 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 sufficiently acknowledged by Pope Honorius . 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 . For that was all the end both of the labours of warre and the Counsels of peace , ut veram Dei cultum orbis nostri plebs devota custodiat , said Theodosius and Honorius in their letters to Marcellinus : that our people may devoutly follow the true worship of God. Upon this account we find that Constantine , Anastasius and Justinian made laws concerning the expence and rites of sepulture . Gratian , Valentinian and Theodosius forbad dead corps to be interred within the memorials of Martyrs and Apostles . Honorius appointed the Number of Deanes in the Metropolis , and the Immunities of every Church . Leo and Anthemius forbad alienation of Church-lands . But what should I instance in particulars ? they that know not this are wholly strangers to the Civil law , particularly the first book of the Code , the Authentics , the Capitulars of the French Princes , the laws of the Goths and Vandals , and indeed of all the Christian Princes of the world . But the first titles of the Code , De summa Trinitate & fide Catholica , De sacrosanctis Ecclesiis , De Episcopis & Clericis , De Episcopali Audientia , De haereticis , Manichaeis , Samaritis , De Apostatis , and divers other are witnesses beyond exception . * Now in this there is no exception of matter . For whatsoever is under Government is also under the laws of Princes : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Justinian . Nothing comes amisse to the Prince , every thing is under the Royal cognisance . Constantine made laws concerning festivals , and appointed what labours might and what might not be done upon the Lords day ; and so did Leo the Emperour . Valentinian 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 . S. † Ambrose complains heavily of the law , and so does S. * Hierome , but confesses it was just , and procur'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 Damasus and publickly read in the Churches of Rome . And Honorius the Emperor made a law concerning the election of the Pope . Which two last instances I reckon to be very great , because at Rome now-a-daies they are intolerable . But if all these laws were made by Emperors onely by force , against right & justice , & beyond their just power , then we are never the nearer for this argument : & that it is so , Baronius is bold to affirm , who upon this title blames Justinian for medling with the affaires of the Church : for Quid Imperatori cum Ecclesia ? what hath the Emperor to doe with the Church ? we know who said it . And therefore a Synod at Rome under Symmachus abrogated a law made by Basilius a Deputy of King Odoacer in an assembly of Ecclesiastical persons , in the vacancy of the See Apostolick , upon the death of Simplicius . 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 . To these things I answer , that it matters not what Baronius says against Justinian , for Pope Hadrian the 4 th , who is much more to be credited , commends him , & propounds him as a great Example imitable by all Princes : and it was not Justinian alone , but very many other Princes both before and after Justinian : and therefore to ask what hath the Emperour to doe with the Church ? might become Donatus ( whose saying it was , and whom S. Austin confuted for saying so ) but it becomes not any man that loves truth and order . As for the Roman Synod under Symmachus , 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 Anathema 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 : talem legem viribus carere , nec posse inter Ecclesiastica ullo modo censeri , said Eulalius the Bp. of Syracuse in that Synod . * But that this makes nothing against the Prince his power of making laws , appears by the great submission which even the Bishops of Rome themselves made to the Imperial laws , even when they lik'd them , and when they lik'd them not . I instanc'd before in Damasus causing the law of Valentinian against Clergy-men receiving inheritances from widdows to be read in all the Churches of Rome . Pope Boniface consented to the law which Honorius 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 obedience of S. Gregory the great to Mauritius the Emperor , who made a law that no Souldier should turn Monk without his leave . This S. Gregory esteem'd to be an impious law , he modestly admonished the Emperour of the irreligion of it . But Maurice neverthelesse commanded him to publish the law . The good Bishop knew his duty , obeyed the Prince , sent it up and down the Empire , and grave this account of it : Utrobique quae debui exolvi , qui Imperatori obedientiam prabui , & pro Deo quod sensi minimè 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 parent Religionis Antistities , said Pope Gelasius to Anastasius the Emperor . Even the Bishops , the Ministers of Religion , obey thy laws . Now this is not for decency onely , & upon prudent considerations , but upon necessity and by the Divine authority : cognoscentes Imperium tibi supernâ dispositione collatum , as knowing that the Empire is given to thee by God. 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 Emperor , as to him who alone had the legislative power . I have already instanc'd in pope Boniface intreating Honorius to make a law concerning the election of the Pope . Sergius also Patriarch of Constantinople petition'd the Emperor Heraclius to publish a pragmatic sanction that no man should be admitted into the Clergy but into a dead place . * These things are so plain , that I may justly use the words of the Fathers of the 6th Council of Toledo , speaking of Chintillanus their King , 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 certainly deputed by the Divine Judgement . I therefore conclude this particular with the excellent words of Cardinal Cusanus . 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 , observation of religions , did erre . Nay , we have read that the Pope of Rome hath intreated them that they would publish laws concerning Divine worship , & 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 approbation 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 Charles the Great and his successors , in which many dispositions or appointments are to be found concerning the Pope of Rome , and all Patriarchs , and the conservation of Bishops 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 Rome have confess'd that they had those Imperial laws in veneration . And this thing is so true and so publickly known , that the French Embassadors openly told it in the Council of Trent , that the Kings of France , by the Example of Constantine , Theodosius , Valentinian , Justinian and other Christian Emperors , made many laws concerning holy things , and that these did not onely not displease the Roman Bishops , but they put many of them into their Canons : that the chiefest Authors of these laws , Charles the Great and Lewis the ninth , they thought worthy to be Canonis'd and declar'd Saints , and that the Bishops of France and the whole order Ecclesiastical have piously rul'd and govern'd the Gallican Church by the prescript of those Ecclesiastical laws which their Kings had made . RULE VI. The Supreme Civil Power hath a power of Coercion of every person in the whole Order Ecclesiastical . HE that sayes all must be subject , need not instance in particulars , and say that Titius and Sempronius , 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 Ecclesiastics must be subject ; and that they are a part of the all . So S. Chrysostome explicating the words of S. Paul , saith [ 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 . That S. Chrysostom 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. Irenaeus lib. 1. cap. 24. S. Basil in Constit. monast . cap. 22. S. Ambrose upon this place , and S. Austin lib. de Catech. rud . c. 21. and contr . Parmen . l. 1. c. 7. who expressely derides those that expound the [ higher powers of S. Paul ] by Ecclesiastical honours . But this thing is evident by notoreity of fact . Theodoret tells of Eusebius Bishop of Samosata , that when the Imperial edict of banishing him from his See , and sending him into Thrace , 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 Zeugma . 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. Athanasius , as appears in his Apology to Constantius the Arrian Emperor ; and the same subjection was professed by Justin Martyr to Antoninus the Emperor , 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 , said S. Gregory to Mauritius , I am subject to command : and then it is certain , he was subject to punishment in case he disobeyed the command . Ad hoc potestas super omnes homines Dominorum meorum pietati coelitus data est . He had no more immunity then any man else , for from heaven a power is given to the Prince over all men . The effect of this instance and these words of Gregory is acknowledged by Espencaeus , Gregorius Magnus agnoscebat Imperatoribus concessum esse dominari Sacerdotibus , Gregory the Great acknowledged that to the Emperors it was granted to rule over the Priests . And the same was affirmed by Pope Honorius , Sancta Ecclesia legum saecularium non respuit famulatum quae aequitatis & justitiae vestigia imitantur , The Holy Church refuses not to obey secular lawes that are equal and just . But I undertook to evidence the truth of this Rule by matter of fact and authentic precedents . Constantine received the Libells which the Bishops at Nice had prepar'd one against another . He told them indeed that it was more fit for them to judge him , then he them , and therefore he burn'd the papers ; but this signified nothing but that it was a shame to them whose office was to reprove all sinners , to accuse one another of crimes before their Prince . But that this was nothing but a modest redargution of them appears , because he did upon their condemnation of Arrius banish him , and recalled him without their absolution of him . He banish'd Eusebius and Theognis , whom the Council had depos'd , and took cognisance of the cause between Athanasius and the Bishops his accusers ; that it might appear what he had said to the Prelates at Nice was but a modest reproof or a civil complement , for it was protestatio contra factum . If he said that , he said one thing and did another . * His son Constantius caus'd Stephen Bishop of Antioch to be convened in the palace upon the law de vi publica , and the lex Cornelia de sicariis . 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 Constans heard Narcissus of Cilicia , Marcus the Syrian , Theodore of Thrace and Maris of Chalcedon against Athanasius and Paul Bishop of Constantiople . Valentinian the Emperor set a fine upon the head of Chronopius the Bishop , and inflicted divers punishments upon the Bishops Ursicinus , Ruffus , Ursus and Gaudentius for making schismes to the disturbance of the publick peace . Gratian the Emperor depos'd Instantius , Salvianus and Priscillian from their bishopris and banish'd them , and afterwards recall'd them . Arcadius the Emperour heard S. Chrysostom's cause and banish'd him ; and Pope Innocent , who found fault because he gave wrong Judgment , yet blam'd him not for usurping of a right to judge him . Theodosius the yonger imprison'd Bishop Memnon and S. Cyril of Alexandria . Indeed the Prince was misinform'd by John of Antioch ; but when by the Great Ephesine council , he was rightly instructed , he condemn'd John of Antioch , and afterwards released the two Bishops at the great & passionate * petition and importunity of the Council of Ephesus . And when Ibas Bishop of Edessa had excommunicated some priests of his Diocese , they appeal'd to the Emperor and were heard . Theodoric King of Italy receiv'd accusations against Pope Symmachus , and sent Altinus a Bishop to be the visitor of that See , and afterwards remitted the matter to a synod . Justinus the Emperor gave judgment upon Dorotheus Bishop of Thessalonica for sedition and homicide . Justinian banish'd Julian the Bishop of Halicarnassus , Severus Bishop of Antioch , Peter of Apamea and Zoaras a Priest : but he also judged the cause of Pope Sylverius for certain treasonable letters ; and recalled him from banishment , but so that he should not be restor'd to his See , unlesse he were found innocent of the accusation . I could reckon very many more instances to the same purpose , 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 . I summe up this with the words of 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 temporibus , Because it is commanded that one man should not injure another , the Patriarch 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 other crime ; for we have divers times seen such judicial processes . And to the same purpose the seventh Canon of the first Council of Matiscon subjects the Clergy to the secular Judge in the causes of theft , witchcraft and murder ; and the Council of Toledo which is cited c. filiis 16. q. 7. does the like in the matter of robbery or cosenage . For either Clergy-men are not subjects , 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 , concerning the fountain of humane lawes and Judicatories . But upon a closer view of the particulars it will be found that the whole matter is a mistake ; 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 understood ; 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 the ministers of religion are superior to Princes , whose Government & care , whose office and imployment is meerly temporall ? That will not follow ; nor this , Therefore the ministers of religion are in all things better ; nor this , Therefore they are in nothing inferior ; nor this , Therefore they are not subject to Civil Government , and civil punishments . But these things must be considered apart . I. Question . In what sense the service of God is to be preferr'd before every thing else . To this I answer , 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 peradventure 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 . 2. If by the service of God is meant the vertue of religion express'd in externall action , 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 labour be necessary for the feeding our family with daily bread . Contemplation 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 , I will have mercy and not sacrifice . 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 expressed in actions and obedience , is the service of God , and of one it cannot be said , it is better then another ; for they shall all be requir'd in their season . For , 3. It is one thing to inquire which is in it self more excellent , and another thing to ask which we are to chuse ; one thing to say this is to be preferr'd in estimation , and another to say this is to be preferr'd in practice . Ecstasies 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 palate , 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 honour , love and desire , union and fruition are due to those things most , which it may be we honour least . And therefore 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 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 . 4. But then if it be inquir'd whether is better , 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 . 5. If the question at last be , 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 ordinarily 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 before that . 6. Lastly , it is to be observed , that there are seasons ordinary and extraordinary in our services of God. Every thing in it's season is to be preferr'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 necessary in it's season , and the other must give place . Now because this happens often in the needs of our life , and not very often in the needs of Religion , 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 vertue of external religion : and the reason is , because this can stay , and the other 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 . Question II. Which are to be preferr'd , and which are better , things Spiritual or things temporal ? To this the Patrons of Ecclesiastic Monarchy give a ready answer out of S. Gregory Nazianzen , speaking to the Presidents . Nam vos quoque potestati meae meisque subselliis lex Christi subjicit . Imperium enim ipsi quoque gerimus , addo etiam praestantius ac perfectius ; nisi verò aequum est spiritum carni fasces submittere , & 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 . 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 . To this I answer , that temporal things ought to yield to spiritual , 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 imployment 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 themselves 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 the advantage of a man are set in opposition , when the salvation of a soul and the profit of trade are confronted , there is no peradventure but the temporal must give way to the spiritual . But when a temporal necessity and a spirituall advantage 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●●al things are better then temporal , yet not every thing of spiritual nature or relation is to be preferr'd before all temporals . 2. Another consideration is this , that there is difference also in the degrees 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 religion , 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 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 & 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 . 3. For it is yet further to be observed , 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 temporal 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 multiplied 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 subordinate , 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 . 4. For temporal things and spiritual things have both the same supernatural end , 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Isidore Pelusiot . 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 minister to the same end , that is , salvation of mankind , they are distinct methods or instruments to that end , and of themselves are not in subordination 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 religion ; 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 about 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 Aequinoctial hath most starres , or whether have most drops of water , the Northern or the Southern seas . The summe of this consideration is this , that although temporal things in their latitude are to serve spiritual ends , meaning the great end of the perfection of our Spirits : yet so must the intermedial spiritual things serve the same great end ; but the intermedial temporal and the intermedial spiritual are not subordinate to one another , unless it be by accident , and that may and often does happen on either side . But I must adde one thing more for explication ; 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. Pauls expression in another case ) by reason of him that hath put all things under it : for this subordination is not natural , or by the nature of the thing , but by the wise Oeconomy and disposition of God ; who having appointed that all things shall be sanctified by the word of God and prayer , that Natural powers shall be heightened by grace , and shall passe into supernatural , 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 natural intention and design . Thus the end of the Mariners art is not the salvation 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 in the nurture and admonition of the Lord , 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 subordination , 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 Government ; and by not being in a natural order to spiritual ends , though spiritual 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 conjoyned , and doe not naturally , but by accident minister to each other ; and therefore are made subject to each other alternately , when they are called to such accidental or supernatural Ministrations . Question III. Whether are to be preferr'd , Spiritual or Temporal persons ? How Spiritual things are to be preferr'd before Temporal I have already accounted ; but it is a consideration distinct from that , whether Spiritual persons 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 advantage of profession . There was a time in Rome when the Physicians were but servants , and had not the liberty of Romans ; but certainly it is a better trade then fighting : and yet then the souldiers were accounted the greater men . Herod 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 concerning the honour and dignity of persons , we are to remember that honor est in honorante : 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 , He that honours himself , his honour is nothing ; 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 persons , the best answer is given to it , When they strive to preferre one another in giving honour to each other . But I remember that the legates at Trent were horribly put to it to place the Orators of the Kings of France and Spain , 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 spiritual person and the civil , they are both best , but the honour of one is temporal , and the honour of the other is spiritual ; or rather , one is properly called Honour , and the other , Reverence . Honour the King , Reverence his Priests . 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 persons 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 honour 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 . Socrates complains that the Bishops of Alexandria and of Rome were fallen into Empire , 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 venerable 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 religion 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 & princely women , then the Spiritual person & 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 affections , and grew hated and envied and oppos'd . Ammianus Marcellinus giving an account of that horrible sedition raised in Rome in the contest between Damasus and Ursicinus about the Papacy , says he wonders not that the Prelates did so earnestly contend for the Bishoprick of Rome , cum id adepti , futuri sint ita securi , ut ditentur oblationibus Matronarum , procedantque vehiculis insidentes , circumspecte vestiti , epulas curantes profusas , adeo ut eorum convivia Regales superent mensas , Because when they have obtained 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 . 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 Holy Father , 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 , & 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 dignity , and humility is their splendour , and zeal is their Conquest , and patience is their Eminence , and they are made illustrious 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 Isaiah , Since thou wast precious in my sight thou hast been honourable . And this was observed by the Pagan , who being surpris'd with the secular splendor of the Roman Bishops lik'd it not , but said that there was another way for them to be truly happy : Esse poterant beati revera , si magnitudine urbis despectâ quam vitiis opponunt , ad imitationem Antistitum quorundam provincialium viverent , quos tenuitas edendi potandique parcissimè , vilitas etiam indumentorum , & supercilia humum spectantia , perpetuo Numini verisque ejus cultoribus ut puros commendant & verecundos . They are the words of Ammianus Marcellinus whom I lately mentioned . The Roman 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 carriage represent to God and all God's servants as persons pure and modest . 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 nothing 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 . 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 . In what senses Bishops have any superiority over Princes I shall afterwards explain : Now the question is concerning secular superiority , and immunity 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 Archimedes reason to take it ill of the Romans for not sending for him and making him General in the Syracusan warre , because he was a better Geometrician then any of all their Senate ? Lewis the eleventh of France 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 governour 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 spiritual 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 revelation . But I shall not dispute this over again , but shall suppose it sufficient 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 . When Origen complain'd of the fastuousnesse and vanity of some Ecclesiastics in his time , they were bad enough , but had not come to a pretence of ruling over Kings upon the stock of Spiritual prelation : but he 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. Et haec nos docet sermo Divinus ( saith he ) The word of God teaches us these things . But we either not understanding the Divine will set down in Scriptures , 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 addresse 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 . 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 cession , 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 Arabia 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 simplicity and purity of their institution and designe . So it is with spiritual persons : their office is spiritual , and their relation is holy , and their honours are symbolical . For their own sakes , Princes and good people must cause decent 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. Nazianzen's wish , that there were in the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . Now if prelation by order and Ecclesiastical Oeconomy amongst the Bishops was of so ill effect , so little necessary , and so greatly inconvenient that the good Bishop wished there we●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 Rome were not at that time gone so far . The Archimandrites of Constantinople , complaining against the Eutychians , write to Pope Agapetus , that if they be still permitted [ licenter omnia accedent , non contra Ecclesiasticos solos , sed etiam contra ipsum piissimum Imperatorem , nostrum & 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 . * This power of headship or supremacy over the whole order Ecclesiastical 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 , we find that the Emperour Henry the second did deprive Widgerus of the Arch-Bishoprick of Ravenna , and depos'd Gregory the sixth from the Papacy . And therefore we find that those ancient Prelates that call'd upon Princes to pay reverence to them , and an acknowledgment of that Authority 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 Christian Emperors could not goe lesse then the heathens ; they were certainly no loosers by their baptisme . For it had been a strange argument for Sylvester to have us'd to Constantine , Sr , give up your self a Disciple to the most Holy Jesus , 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 Sylvester 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 Sylvester 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 & dominion to Bishops . But their sermons when they were at the highest were of another nature . De humanis rebus judicare permissum , est , non praeesse Divinis . So P. Gelasius 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 . Gelasius spake it upon occasion , because Anastasius the Emperor did unnecessarily interpose in the absolution of Peter Bishops of Alexandria . This Pope Gelasius suppos'd was of another 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 circa actiones propriè versatur Imperium , 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 〈…〉 vile thing , Regis haec auribus intimare non differant , Let him without delay be accused unto the King. And Lambert the Emperour about the year of our Lord 900 having some contest with the Pope , propounded this first article in a Synod at Ravenna , If any Roman of the Clergy or the Senate , of what order soever , shall either voluntarily or by compulsion appeal to the Imperial Majesty , let no man presume to contradict him : — untill the Emperor by himself or his Missives shall deliberate concerning their persons and their causes . Thus we find Pope Leo the 4th submitting himself to Lotharius the Emperour , and promising obedience : and to Ludovicus he professes that if he have done amisse he will amend it according to his sentence , or the judgement of his Deputies . Upon the consideration of these and many other particulars Gratian , 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 , Regum est corporalem irrogare poenam , Kings have the power of inflicting corporal punishments : 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 Matiscon , cap. 7. But it matters not much , for a greater then Gratian said it in his own case before the civil power , If I have done any thing worthy of death , I refuse not to die : they are the words of S. Paul. Question V. Whether is to be obeyed , the Prince or the Bishop , if they happen to command contrary things ? To this I answer , 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 Mauritius and S. Gregory ; 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. Athanasius of Alexandria , S. Gregory of Nazianzum , S. Chrysostom of Constantinople , Eusebius of Samosata , who by injustice were commanded to leave their Dioceses . But this is to be understood in actions which can by Empire and command be chang'd into good or bad respectively : because such actions are most properly the subject of humane laws . For in what God hath expressely 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 undetermined 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 no man can serve two Masters . Now the 〈…〉 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 ; If the Bishop invades the rights of the Civil power he is not at all to be obeyed , for he hath nothing to doe there . But if the Civil power invades 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 appointment are his due . All those which are the Bishops right by positive laws may by the same power be rescinded by which they were granted ; 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 Neminem sibi imperare posse , & neminem sibi legem dicere , à qua mutatâ voluntate nequeat recedere , say the Lawyers . A man may change his will as long as he lives ; and the supreme will can never be hindred : for summum ejus esse Imperium qui ordinario juri derogare valeat 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 . But if they be the rights of Bishops and the Ministers of Religion by Divine appointment , then the Bishops command is to prevail , cum conditione crucis ; that is , so as the subject must submit to the Princes anger , and suffer for what he cannot doe , according to that of S. Austin , Imperatores cum in errore sunt , pro errore contra veritatem leges dant , per quas justi & probantur & 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 . This is much more modestly express'd then that responsory in the Roman Breviary , speaking of the Apostles , Isti sunt triumphatores & amici Dei , qui contemnentes jussae Principum meruerunt praemia aeterna , They have deserved eternal rewards by despising the commands of Princes . 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 . But then this also suffers diminution . 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 Commandment , 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 external 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 sufficiently provided for the acquiring the end of it's institution : and then it would follow that either the civil authority were not from God ( expressely against S. Paul ) or else all that God made were not good , as being defective from the end of it's creation ( expressely against Moses , and indeed against the honour of God. ) Now because external actions are also in order to religion internal , it happens that the Spiritual power hath accidentally 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 religion 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 Divine 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 commanded to be at the Divine Offices , be present on the guards , or the defence 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 circumstances with which actions commanded by God , and in which Ecclesiastics have competent Authority , are not invested : and amongst these circumstances , time and place are the principal . And therefore it follows that in external actions the command of the Prince is always to be preferred before 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 Government ( 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 James the 6th of Scotland was wooing the Danish Lady , he commanded the Provost of Edenburgh and the Townsmen upon a certain day to feast the Denmark 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 proclaim'd a fast to be kept in the Town upon that very day . But the Townsmen 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 requires his service , or if he be needed for the publick good , he may command 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 Ecclesiastical 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 Mauritius the Emperour forbidding his souldiers to turn Monks without his leave , though the law was made sore against the mind of S. Gregory who was the Bishop of Rome . And thus * Casimire King of Poland 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 . But this also is to be understood with this provision . 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 hatred 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 Spiritual power must minister , and no Civil power can hinder us from obeying God : and therefore the Apostles made no scruple of preaching Christ publickly , 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 & 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 obliged to see that all that should be done which was necessary for the salvation 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 Civil 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 circumstances of the thing ; and therefore there can be no reason why the Prince should be disobeyed , commanding nothing against God , and governing in that where his authority is competent . Thus if the supreme Civil power should command that the Bishops of his Kingdome should not ordain 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 very passionately , they have no power to command or doe what the Civil power 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 greatest 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 Univocal generation of Church-Ministers but by the same hands which began the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 succession , and hath continued it for almost seventeen ages in the 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 cum conditione crucis , with submission to the anger of the laws if they have put on unjust armour ; and to be done with peaceablenesse , and all the arts of humility and gentlenesse , petition and wise remonstrances . * 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 Portugal should forbid consecrations of Bishops in his Kingdome not for a time , but for ever , the Bishops 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 Portugal , or if without Bishops there could be a Church . But if they be sure that the Bishops are the head of Ecclesiastical Union , and therefore the conservators of Being ; and if the remaining Prelates are convinc'd that God hath requir'd it of them to continue a Church in Portugal ( 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 ordination 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 Martyrdome , which whosoever gets will be no looser . And therefore I cannot without indignation consider it , that the Pope of Rome , 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 Rome to neglect or refuse , in compliance with the temporal interest of the King of Spain , so it is the duty of the Bishops of Portugal 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 Portugal , and the consideration of it was usefull in the determination of this present question . But this Question hath an appendent branch which is also fit to be consider'd . What if the Civil laws and the Ecclesiastical be contrary ? as it happens in divers particulars ; as if the Prince be a heretick , an Arrian or Macedonian , 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 Authority 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 professe 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 put into the publick Liturgies of the Church ; to this the answer is certain , 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 . But there are some Civil laws which are oppos'd to Ecclesiastical , not by contrariety of sanction and command hinc inde , 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 permitted 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 permitted for the hardnesse of mens hearts or the publick necessity . The permission 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 forbids it . In this case the Canons are to be preferr'd . For though it be permitted , 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 . * The case is alike in those laws where the Civil power onely gives impunity , 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 lawfull , 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 conscience , 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 [ ut in Platonis republica , but as in faece Romuli ] 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 connive at what it does not approve . But yet these persons are to be governed by conscience ; and therefore it is necessary that that part of the publick Government which is to conduct our consciences more immediately should give a bridle to that liberty which , by being in some regards necessary , 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 . But then if it be inquir'd , whether it be lawfull for the spiritual power by spiritual Censures to punish those actions which the Civil power permits ; 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 Fit and Decent . If the Church declares an act to be against Gods commandement , 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 necessity 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 punishments , 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 sufficiently instructed with means of saving souls though she never draw her sword . But the Civil power hath not so many advantages . But if the lawes of Church are made onely by her Reductive and indirect power , 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 therefore her laws are concerning decencies and usefulnesses and pious advantages , 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 discountenanc'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 . And after all this , if it happens that the Civil power and the Ecclesiastical 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 Churches side for her relation , but on the Kings side for his authority . From the matter of the former Question arises another like it . 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 . This Question must suppose the case to be dibious , 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 argument , and that the cause is to be determined by favour and privilege , whether 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 determination : but whether there be in conscience any advantage of presumption due to either . To this I answer , that in the most pious ages of the Church the presumption 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. Because whatever external rights the Church hath , she hath them by the donation , or at least enjoyes them by the concession of the supreme Civil power , 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 protection , 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 advantage 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 . And if it be thought that this determination is fit to be given by a Church-man ; 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 wil contend , of the Civil power will ever have the better of it if in these cases they resolve never to prevail . Although these inquiries have carried me a little further then the first intention of the Rule , yet they were greatly Relative to it . But I shall recal my Reader to the sense and duty of it by the words of S. Gregory , who sayes that Christus Imperatori & omnia tribuit , & 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 . And that great wise disposer of all things in Heaven and Earth , who makes twins in the little continent of their Mothers 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 therefore can never be against it . RULE VII . The supreme Civil power hath jurisdiction in causes not onely Ecclesiastical , but internal and spiritual . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said Aristotle , Of things belonging to God the King is the Governour . Therefore besides that the supreme Civil power is to govern all persons and all actions and ministeries which are directly 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 gonerned 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 . Therefore as the supreme Princes and Magistrates have in several ages of the Church indulg'd to Ecclesiastics a power of Civil government , privileges and defensatives in ordine ad spiritualia , 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 threatnings of the Gospell and the terrors of death and the horrible affrightments of the day of Judgement are : so God hath given to the supreme Civil power authority over all publick religion in ordine ad bonum temporale . Princes and States did the other , but God did this . That was well , 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 under Constantine , but possibly as many true ones under Diocletian ; 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 rebellion , or to rejoice when men speak evil of dignities , and he hath not told them that great is their reward in heaven ; but the whole purpose and proper end of the government being for temporal felicity , though that temporal felicity is by the wisdome of God made to minister to the eternal , the government expires in this world , & shall never return to look for recompence for it's sufferings . But every single Man shall ; and though temporal 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 spiritual 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 appointed 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 provisions 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 religion 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 worship 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 . And the world hath seen this last particular verified by many sad experiments . For when the Roman Emperours residing in the East gave great powers and trusts to the Patriarchs of the West , by their Spiritual sword they began to hew at the head of gold , and lop off many Royalties from the Imperial stock . And Leo Iconomachus for breaking down the images of Saints felt their power , for they suffered not the people to pay him tribute in Italy , threatning to interdict them the use of Sacraments 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 John the third combin'd with Beengarius and Adalbar his son against the Emperor Otho the great , and they must pretend themselves to be Kings of Italy . Pope John the 18th made a league with Crescentius , and stirred up the people against Otho the third . Pope Benedict the ninth excited Peter of Hungary to pretend to the Empire , onely to hinder Henry surnamed Niger from entring into Italy to repeat his rights . And all the world knows what Gregory the 7th did to Henry the fourth ; how he first caused Rodulph of Suevia , and afterwards Ecbert of Saxony 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 Bishoprics ; for which cause Pope Gelasius the XIIth caus'd the Arch-Bishop of Mentz to rebel against Henry the 5th ; and there the Pope got the better of him , and by the aid of his Norman forces which he had in Sicily beat him into compliance . Then they fell out about some fees of the Empire ; and Innocent the second raised up Roger the Norman against Lotharius the XII . about the Dutchy of Poüille : and S. Bernard being made Umpire in the Quarrel , the Pope got a share in Bavaria , for whoever lost , signior Papa , like the butlers box , was sure to get , by the advantage of his supreme conduct of religion which by this time he got into his hands . And now he improv'd it providently . For the same Innocent stirred up Guelphus Duke of Bavaria against Conrade the third ; and thence sprang that dismal and bloudy faction between the Guelphs and Ghibellins . But what should I reckon more ? I must transcribe the Annals of Germany to enumerate the hostilities of the Roman Bishops against the Emperors their lords , when they got the conduct and Civil government of religious affairs into their power . Frederic Barbarossa , Henry the sixth , his brother Philip , Frederic the second , Henry the seventh , Frederic of Austria , Lewis of Bavaria , Sigismond , Frederic the third , felt the power of a temporal sword in a religious scabbard : and this was so certain , so constant a mischief , 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 Radulph of Haspurg when he was chosen Emperor durst not goe into Italy , which he called the Lions denne , because the entrance was fair , but few returning footsteps were espied . And it grew to be a proverb , saith Guicciardine , Proprium est Ecclesiae odisse Caesares , The Church hates Caesar ; and the event was that which Carion complained of , Sceleribus Pontificum hoc Imperium languefactum est , By the wickednesse of the Bishops of Rome the Roman Empire is fallen into decay . These instances are more then enough to prove that if Religion be governed 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 excommunications 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 temporal 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 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 . And first in general , 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 . Nutritii & patres Ecclesiae is their appellative which we are taught from Scripture , Nursing Fathers of the Church . Pastores ; that 's the word God us'd of Cyrus the Persian , Cyrus my shepherd : and when the Spirit of God by David calls to Kings and Princes of the earth to kisse the Son lest he be angry , 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 Ammianus , Nihil aliud est Imperium ( ut sapientes definiunt ) nisi cura salutis alienae . It is true in both senses ; Empire is nothing else ( as wise men define it ) but a power of doing good by taking care for the salvation of others . To doe them good here , and to cause them to doe themselves good hereafter , is the end of all government . And the reason of it is well expressed by the Emperor Theodosius Junior to S. Cyril , Quandoquidem ut vera religio justâ actione perficitur , ita & Respublicautriusque ope nixa florescit , As true religion is perfected by justice , so by religion and justice the republick does flourish ; and therefore he addes , Deus opt . Max. pietatis & justae actionis quoddam quasi vinculum nos esse voluerit , The Emperor is by the Divine appointment the common band of justice and religion . In pursuance of this truth , Eusebius tels that Constantine the Great was wont to say to the Bishops concerning himself , Vos intra Ecclesiam , ego extra Ecclesiam à Deo Episcopus constitutus sum , You within the ●hurch walls and I without , but both of us are appointed by God to be Bishops or Overseers of his Saints and servants . And in the edict of Valentinian and Martian , which approves the acts of the Council of Chalcedon , they are both called Inclyti Pontifices , illustrious Bishops : and the Emperor Leo 3. in his Epistle to Gregory the Bishop of Rome sayes of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I am both a King and a priest ; meaning in office , not in order , in government , 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 Ancient Church , of which that of Leo the Roman Bishop concerning the French Capitulars is remarkable , writing to Lotharius . De capitulis vel praeceptis Imperialibus vestris vestrorum Pontificum praedecessorum irrefragabiliter custodiendis & conservandis , quantum valuimus & valemus in Christo propitio , & nunc & in aevum nos conservaturos modis omnibus profitemur . It was a direct Oath of supremacy . Concerning the Capitulars or Imperial precepts given by you and your predecessors who were Bishops , ( viz. in their power and care over Churches ) we through the assistance of Christ promise as much as we are able to keep and to conserve them for ever . The limit of which power is well explicated by S. Austin in these words , Quando Imperatores veritatem tenent , pro ipsa veritate contra errorem jubent ; quod quisquis contempserit , 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 . For if we consider that famous saying of Optatus , that Ecclesia est in republica , non respublica in Ecclesia , The Church is in the common-wealth , not the common-wealth in the Church , and the Church is not a distinct state and order of men , but the common-wealth turn'd Christian , that is better instructed , 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 Onesimus , that it is true , they ought to love them better , but the other were not the lesse to be obedient ; 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 . Religion 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 in regimine salutis he is principal , he is to govern their health . The cases as to this are parallel between the soul and the body . And therefore the Emperor Constans declar'd his power and his duty too , de omnibus curam agere & 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 : and Aimonius tels of King Clodovaeus , that in one of the Councils of Africa held at Clupea he described his office and duty by these two summaries , publicis rebus consultores advocare , & ea quae Dei & 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 . But the consideration of the particulars will be more useful in this inquiry , and first The supreme Civil power hath authority to convene and to dissolve all synods Ecclesiastical . This appears 1. in that all the first Councils of the Church after the Emperors were Christian were convocated by their Authority . The Council of Nice was called by Constantine , as is affirmed by a Eusebius , b Ruffinus , c Sozomen and d Theodoret : and when the Eusebians had persuaded Constantine to call a council at Tyre against Athanasius , the Prince understanding their craft and violence calld them from Tyre to Constantinople * : and by the same Emperour there was another Council called at Arles . The Council at Sardica in Illyria was conven'd by the authority of the Emperours Constans and Constantius , as the Fathers of that Synod themselves wrote in their letters to the Egyptians and Africans : and Liberius the Bishop of Rome with many other Bishops of Italy joyn'd in petition to Constantius to convocate a Council at Aquileia ; not to suffer them to doe it , but that he would , for to him they knew it onely did belong . Theodosius the Emperor called the second general Council at Constantinople ; as Socrates , Sozomen and Nicephorus relate : and the Fathers of the Council * write in their Synodical constitutions , with this expression added , ea quae acta sunt in sancto Concilio ad Tuam referimus Pietatem , whatsoever was done in that Synod was wholly referr'd and submitted to the Princes piety . The great Ephesin Council , which was the third Oecumenical , was conven'd by Theodosius Junior , exproprio munere & officio , & ex animi sui deliberatione , so himself affirms , out of his own free choice , according to his office and his duty . 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 jurisdiction in causes of religion . The summe of which are in the preface of that rescript in these words , 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 religion 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 subjects , 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 Ecclesiastical 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 unreprovable , 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 intention of his Government . And to these purposes he call'd a Council , threatning 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 Ephesin Council ; but if he took upon him but what was just , this testimony alone is sufficient in this whole question . But he ended not so , but shortly after called another Council in the same place , against the will of Pope Leo , 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 Leo petition'd the Emperor for another to be held in Italy . But the Emperor 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 Martianus called one at Nice , but changing his mind had it kept in Chalcedon . I shall proceed no further in particular , but account it sufficient what Cardinal Cusanus acknowledges . Sciendum est quod in universalibus octo Conciliis semper invenio Imperatores & Judices suos cum senatu primatum habuisse . For this is more then the mere power of calling them ; 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 . As the Emperors did convene , so they did dismisse the Ecclesiastical conventions ; as appears in the acts of the Ephesin Council , where the Fathers petition the Emperor , that he would free them from that place , and give them leave to wait upon him to see his face , or at least he would dismisse them and send them home to their own Churches . The same petition was made by the Bishops at Ariminum to the Emperor Constantius , and by the Fathers at the Council of Chalcedon * to Martianus . But these things did never please the Italians 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 power 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 doctrine of the Church . For S. Hierom reproving Ruffinus , who had quoted the authority of some Synod , I know not where , S. Hierome confutes him , by this argument , Quis Imperator jusserit hanc Synodum congregari ? There was no such Synod , for you cannot tell by what Emperors command it was conven'd . To this purpose there was an excellent Epistle written by certain Bishops of Istria to Mauritius the Emperour , enumerating from the records of the Church the convention of Ecclesiastical Councils to have been wholly by the Emperors disposition ; in which also they dogmatically affirm , Semper Deus praesentiâ Christianorum Principum contentiones Ecclesiasticas sedare dignatur , God does always vouchsafe to appease Church-quarrels by the presence of Christian Emperors : meaning that by their authority the Conciliary definitions pass'd into laws . But who please to see more particulars relating to this inquiry , may be filled with the fight of them in the whole third book of William Ranchin his Review of the Council of Trent . The supreme Civil power hath a power of external Judgement in causes of Faith. This relies upon the former reasons , That since propositions of religion 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 religions are to be permitted and what not : and we find a law of Justinian forbidding anathematisms to be pronounced against the Jewish Hellenists ; 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 de Judaeis , in many instances . A law was made by Justinian also that none should be admitted into the Jewish Synagogues that denied Angels , or the Resurrection , or the day of Judgment . Thus the Civil power took away the Churches from the Maximianistae , because they were an under sect of the Donatists condemn'd by their superiors . But then that the Christian Princes did this and might doe this and much more in the articles of true religion , is evident by many instances and great reason . There is a title in the first book of the Code , Ne sacrosanctum baptisma iteretur , against the Anabaptists . C●arles the Great made a decree against the worshipping of Images , and gave sentence against the second Nicene Council in that particular : and Sozomen reports that Constantine cut off unprofitable questions , to prevent schismes in the Church ; which example our Kings of England have imitated by forbidding publick preachers or Divines in schools to meddle in the curious questions of Predestination . Thus the publick laws of a Nation often declare who are and who are not heretics : and by an Act of Parliament in England 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 Leo and Anthemius , l. qui in Mon. C. de Episc. & Clericis ; and Andronicus the Emperor hearing some Bishops disputing with some subtilty upon those words [ my Father is greater then I ] threatned to throw them into the river , if they would not leave such dangerous disputations . Heraclius 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 Sisinnius said to Theodosius , disputando de sacris accendi tantùm contentionem , there is nothing got by disputations but strife and contention : and therefore Princes are the best Moderators of Church-mens quarrels , because Princes are bound to keep the peace . And consonantly to this Isidore spake well , Sanè per regnum terrenum coeleste regnum proficit , ut qui intra Ecclesiam positi contra fidem & disciplinam Ecclesiae agunt , rigore principum conterantur , apsamque disciplinam quam Ecclesiae humilitas exercere non praevalet , cervicibus superborum potestas principalis imponat . 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 intra Ecclesiam , within the Church , their faith and manners both are subject to the secular judgment . But not onely so , but they are to take care to secure & promote the interest of truth : for though , as S. Paul sayes , doubtful disputations doe engender strife , yet we must contend earnestly for the faith ; 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 duty to take care . * According to which we find that when a rumour was spread that brought Pope Pelagius into suspicion of heresy , King Childebert sent Rufinus to him to require him either to recite and professe the Tome of S. Leo in which there was a good confession of faith , or else that he should doe the same thing in his own words . Pope Pelagius sent this answer : Satagendum est ut pro auferendo suspicionis scandalo obsequium confessionis nostrae Regibus ministremus , quibus etiam nos subditos esse sacrae Scripturae praecipiunt , 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 . 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 . Justinian made laws that Bishops should not play at dice , nor be present at publick spectacles ; and he said of himself , maximam habere se sollicitudinem circa vera Dei dogmata , & circa Sacerdotum honestatem , that his greatest care was about the true doctrines of God , and the good lives of Bishops . I doe not intend by this , 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 power , 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 proposition 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 . RULE VIII . The supreme Civil power is to govern in Causes Ecclesiastical by the meanes and measures of Christ's institution , that is , by the assistance and ministeries of Ecclesiastical persons . KIngs are supreme Judges of the Law ; for cujus est loqui ejus est interpretari , 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 understand the laws . And so it is in religion . The King is to study the law of God ; nec hoc illi dictum ut totus ab alieno ore pendeat , ipsequi à se nihil dijudicet , said that learned Prelate of Winchester , not that he should wholly depend in religion upon the sentences of others , but be able of himself to judge . But where there is difficulty , and that it be fit that the difficulty be resolved , there the supreme Civil power is to receive the aid of the Ecclesiastic , from whose mouth the people are to require the law , and whose lips by their office and designation are to preserve knowledge . The Doctors of the Jews tell that when Jephthah had made a rash vow , he might have been releas'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 Jephthah was a Prince in Israel , he would not goe to Phinehas the high Priest to have had his vow interpreted , commuted , or released . Neither would Phinehas goe to him , because he was not to offer his help till it was implor'd . Phinehas did not goe to Jephthah , for he had no need , he had no businesse : and Jephthah would not goe to Phinehas , 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 , Jephthah with a palsy , and Phinehas 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 . But the Princes office of providing for religion , and his manner of doing it in cases of difficulty are rarely well discours'd of by Theodosius the younger in a letter of his to S. Cyril , of which I have formerly mentioned some portions… .. Pietatis doctrinam in sacra Synodo in utramque partem ventilatam eatenus obtinere volumus quatenus veritati & 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●d agreeable to truth and reason . Where the Emperour gives the examination of it to the Bishops to whose office and calling it does belong : but the judgment 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 advised , taught and established by his Bishops . Sed nec eam doctrinam indiscussam patiemur ; cui dijudicandae eos praefici oportet qui sacerdotiis ubivis gentium praesident , per quos & nos quoque in veritatis sententia stabilimur , & magis magisque identidem stabiliemur , That doctrine that is in question we will not suffer to escape examination ; but those shall be presidents of the judgment 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 . When the supreme power hath call'd in the aid and office of the Ecclesiastic , good Princes use to verify their acts accordingly , to establish their sentences , to punish the convict , to exterminate heretics and suppresse their doctrines . Thus Honorius and Arcadius the Emperors by an Edict repressed Pelagius and Caelestius whom the Bishops had condemn'd ; Constantine after the sentence of the Nicene Fathers against Arius , banish'd him . Theodosius the Elder having diligently conferr'd with the Orthodox Bishops , and heard patiently what the others could say , by a law forbad them to have publick assemblies who denied the Consubstantiality of the Son with the Father . Per Consilium Sacerdotum & Optimatum ordinavimus , constituimus , & diximus ; it was the style of King Pepin in the Council of Soissons . And of this nature the instances are very numerous . For semper studium fuit Orthodoxis & piis Imperatoribus pro tempore exortas haereses per congregationem religiosissimorum Archiepiscoporum amputare , & rectâ fide sincerè praedicata in pace sanctam Dei Ecclesiam custodire , said Theodorus Silentiarius . All the pious and orthodox Emperors did use this instrument and manner of proceeding , for the cutting off heresies , and the sincere publication of the faith , and the conservation of the Church in peace . But that this manner of Empire may not prejudice the right of Empire , 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 Ephesin Council , that Theodosius the 2d resolv'd of one , but not upon the other . At vero sive illi veniam impetraturi sint qui à Patribus victi discedent , sive non , nos sanè civitates simul & 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●lick or the Churches to be disturbed . This I observe now in opposition to those bold pretences of the Court of Rome , 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 Theodosius refusing to confirm the Acts of the great Ephesin Council : for having been informed ( though falsely ) that affaires were carried ill , he commanded the Bishops to resume the question of the Nestorians : 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 . So Charles the Great reform'd the Church , Episcopos congregavi , &c. I convocated the Bishops to counsel me how Gods law and Christian religion should be recover'd . Therefore 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 . 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 testimony of S. Austin writing to Emeritus the Donatist . Nam & terrenae potestates cum schismaticos persequuntur eâ regulâ se defendunt , quia dicit Apostolus , Qui potestati resistit , Dei ordinationi resistit… . Non enim frustra gladium portat , When the Civil power punishes Schismatics they have a warrant from an Apostolical Rule , which sayes , He that resists , resists the ordinance of God : For they bear not the sword in vain . It is not therefore by a commission or a command from the Church that they punish Schismatics , but [ constituunt 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 . So that when it is said that Princes are to govern their Churches by the consent and advice of their Bishops , it is meant not de jure stricto , but de bono & laudabili : It is fit that they doe so , it is the way of Christs ordinary appointment ; He that heareth you heareth me : and to them a command is given , to feed all the flock of Christ. In pursuance of which it was a famous rescript of Valentinian the first , cited by S. Ambrose , In causa fidei vel Ecclesiastici alicujus ordinis eum judicare debere qui nec munere impar sit , nec jure dissimilis . 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 imployment were most competent to be put in delegation . But to the same purpose more of these favourable Edicts were made in behalf of the Church by Theodosius and Valentinian the second , by Arcadius , Honorius and Justinian : 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 oftentimes hath no great skill , though he have supreme authority . I remember that when Gellius the Praetor was sent Proconsul into Greece , he observ'd that the Scholars at Athens 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 questions 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 understood 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 authority . 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 & 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 . I have been the larger upon these things because the adversaries are great and many , and the pretences and the challenges high , and their opposition great and intricate , and their affrightments large ; for they use something to perswade and something to scare the conscience . Such is that bold saying of Pope Leo the xth , 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 . But fierce and terrible are the words of the Extravagant Unam sanctam . Porro subesse Romano Pontifici omnem humanam creaturam declaramus , dicimus , definimus & pronunciamus 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 altogether necessary to salvation . This indeed is high ; but how vain withal 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 Ecclesiastical , that is , in religion as well as justice : and there is nothing that can prejudice 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 audire & obaudire to hear and to obey have great affinity , I chuse to end this with the expression of Abbot Berengar almost 1100 years agoe , Sciendum est quod nec Catholicae fidei nec Christianae contrarium est legi , si ad honorem regni & sacerdotii Rex Pontifici & 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 : the first is an obedience of piety , and the later of duty ; the one is justice , and the other is religion . CHAP. IV. Of the power of the Church in canons and censures , with their obligations and powers over the conscience . RULE I. The whole power which Christ hath left in ordinary to his Church is merely spiritual . THat there are great things spoken by the Doctors of the Primitive Church of the Ecclesiastical or spiritual power is every where evident , 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. Chrysostom , because of them all he was the most eloquent , and likeliest in the fairest imagery to describe the powers of his Order . 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 Barbarians , 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 . Where by the way , though it be not exactly true that the Kings of Israel and Judah were always anointed by Priests , but sometimes by Prophets who were no Priests , as in the case of Jehu yet supposing all that , the discourse is true enough , and the spiritual power in relation to a nobler object is in that regard better then the temporal ; and therefore is in spiritual account in order to a spiritual 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 Israel 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. Chrysostom , 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 excellencies are spiritual , the operations are spiritual , and the effects are spiritual ; 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 advantage ; that comes in upon another stock : but for the spiritual it is as much as it is pretended ; but then it is no more . For it is purely spiritual . Where any thing of temporal is mingled with it , it is not greater in that , but subject to the temporal power . Without this there could never be peace : and where the jurisdiction of two Courts doe enterfere , there is perpetual wranglings . But God having ordain'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 , powers , 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 . As my Father sent me , so send I you , 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 power , with fulnesse of the spirit and excellency of wisdome . That was the manner . The end was , the redemption of Man , the conquering of the Devil , the preaching of the Gospel , the foundation of the Church , the instruction of faith , the baptizing Converts , the reformation of manners , the extirpation of sinne . This was the intire end , and that was the just manner in which Christ was sent into the world : And since his Apostles & 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 teach all Nations , to baptise them , 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. This power and these commissions were wholly Ministerial without domination , without proper jurisdiction , that is , without coaction ; it being 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He must be no striker : he had no armes put into his hand to that purpose ; the Ecclesiastic state being furnished with authority , but no power , that is authoritate suadendi , non jubendi potestate ( that I may use the expression in Tacitus ) an authority to persuade and to rebuke , but no power to command , as the word is us'd in the sense of secular dominion . Concerning which that the thing be rightly understood , we must first truly understand the word . Accursius defines Jurisdiction to be potestatem de publico introductam cum necessitate juris dicendi & aequitatis statuendae , A publick power of doing right and equity . It is potestas ad jus dicendum , so Muscornus Cyprins , A power of giving sentence in causes between party and party . But we shall best understand the meaning of Jurisdictio by that place of Cicero . Quid ergo istius in jure dicendo libidinem demonstrem ? Quis vestrum non ex urbana jurisdictione cognovit ? Quis unquam isto Praetore 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 , & de judicibus datis desistamus dicere , &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 therefore in Suetonius we often find these expressions , Imperatorem jus dixisse , cognovisse , judicasse , The Emperor took cognisance , did judge , did give sentence , 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 De jurisdictione , which handles both causes : and Asconius Paedianus in his argument upon the 4th action against Verres proves expressely that Capital actions are part of jurisdiction . To which purpose is that of Suctonius in the life of Augustus ; Dixit autem jus non diligentiâ modo summâ sed & lenitate , siquidem manifesti parricidii reum , ne culleo insueretur , quod non nisi confessi afficiebantur hâc poenâ , &c. But of this there is no question . Now of jurisdiction thus understood , 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 wisdome and by the ways of God. This appears in the Apostles description of their own office & power . What is Paul and what is Apollo , but Ministers by whom ye believed ? Ministers of Christ , stewards of the Mysteries of Christ : to us is committed the word of reconciliation ; we are Embassadors for Christ ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we are not lords over the flock ; but as though God did beseech you by us , we pray you in Christs stead to be reconcil'd to God. Thus Christ set them over the houshold , not to strike the servants , but to give them their meat in due season ; that is , as Optatus expresses it , to minister the food of Gods word and Sacraments to the servants of the family . Nolite vobis majestatis dominium vindicare ; nam si ita est , vindicent sibi & ministri qui m●nsae dominicae famulantur , ut pro humanitaete exhibita ab invitatis gratulatio eis referatur… . Est ergo in universis servientibus non dominium sed ministerium . 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 honour 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 . Principes Ecclesiae fiunt ut serviant minoribus suis , & ministrent eis quaecunque acceperunt à Christo. The same with the words of Christ , He that is greatest amongst you , let him be your minister . For the honours in Christian religion at the first look indeed like dignities ; 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 Apostleship thought to be a great dignity , but it is not so ; but it is his ministery . For So S. Paul sayes , 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 stewardship intrusted to me . The consequent of this discourse is this in the words of the same Father , Quicunque desiderat primatum in terra inveniet confusionem in coelo , Whosoever desires primacy ( meaning amongst the Ecclesiastics , and by vertue of their order and office ) upon earth , shall find confusion in Heaven . But this is most expressely and clearly taught by the Fathers of the Church . so S. Gregory Nazianzen , He that is set over others ( speaking of Bishops ) laying behind him every sin , must proceed in godlinesse , so that by the example of his spiritual growth he may draw others unto vertue , especially by that form of humility which was deliver'd to us by the Lord. Non enim oportet vi vel necessitate constringere , sed ratione & vitae exemplis suaderc , For no man is to be constrained by force or by necessity , but persuaded by reason and good examples . And thus S. Hierome distinguishes the Ecclesiastical power from the Regal . Ille nolentibus praeest , hic volentibus : ille terrore subjicit , hic servituti donatur : ille corpora custodit ad mortem , hic animas servat ad vitam . The King governs whither men will or no , the Bishop 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 . Upon this account S. Chrysostom considers the great difficulty there is in the discharge of the Episcopal office , 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 curlings of a troubled River : and he gives this reason for it , 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 in the secular government ; for all things are transacted by laws and by commandements : but here ( meaning in the Ecclesiastic state ) there is no such thing ; for it is lawfull , but we have no authority to command any thing . For * In potestate subjectorum est obedire vel non . They are not domestics , they are not properly subjects , but obedientiam habentes in sua ipsorum potestate , they have their obedience in their own power : 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 the Holy Ghost hath made them overseers , to feed , not to rule , the Church of God , that is , not to rule by Empire , but by persuasion . And this is intimated by the Epistle to the Hebrew●s Obey them that are set over you , 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 . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the anguish would fall upon the disobedient . The same precept is in the Epistle to the Thessalonians , where the words doe themselves expound the nature of the government , 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 . And immediately after he calls them in partem sollicitudinis , into a participation of this rule , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , We beseech you , brethren , to admonish , or to warne , to reprove them that are unruly . 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 they which are over you must be highly esteemed , not for their dignity , but for their works sake , not in fear , but in love ; for they are over you not by Empire , but by discourses , not by laws , but by exhortation . And certainly this is the best government in the world ; that the people of God sit populus voluntarius should serve God with reason and choice , with love and pleasure and eternity of satisfaction . And this is observed also by S. Chrysostom . The Princes of this world ( saith he ) 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 : and that 's the state of Ecclesiastical government , concerning which who please to see much more , may with pleasure read it in S. Chrysostom in his first Homily upon the Epistle to Titus , and the 11th Homily upon the Epistle to the Ephesians , and in his second book of Priesthood . Now against this it will not be sufficient to oppose any precedents of government under the Old Testament . He there that did not obey the word of the High Priest was to die the death ; for they had 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a true proper formal jurisdiction given them by God : and when Moses sate in judgement , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Philo , the Priests were his assessors ; and Judaeis sacerdotii honos firmamentum potentiae erat , the honour of the Jewish priesthood was a great establishment to the power of the Nation , saith Tacitus . For the Priest were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bishops , and Judges of controversies , and by the law appointed to inflict punishment upon criminals , said Josephus . 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 preachings were decrees sometimes ; ours can be but exhortations and arguments to persuade and invite consent . But neither can it be denied but that the Apostles did sometimes actions of a delegate jurisdiction . Thus S. Peter gave sentence of death against Ananias and Sapphira ; S. Paul inflicted blindnesse upon Elymas the Sorcerer , and deliver'd Hymenaus and Alexander and the incestuous Corinthian to be buffeted by Satan ; and S. John threatned to doe the like to Di●trephes . That this was extraordinary appears by the manners of animadversion , which were by miracle and immediate Divine judgment ; for those which were delivered to Satan were given up to be corporally tormented by some grievous sicknesse or violence of an evil spirit , as a S. Chrysostom , b S. Ambrose , S. Hierom , and divers others of the Fathers doe affirm . But therefore this was an act of Divine jurisdiction , not of Apostolical : 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. Paul threatned some criminals in the Church of Corinth , that if he did come he would not spare them : but it was because they made it necessary 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. Pauls ordinary power , nor his own extraordinary , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an experiment of Christ's power , who was pleas'd to minister it by S. Paul , as well as by any other Apostle : something like those words of our Blessed Saviour , An evil and adulterous generation seeketh after a signe ; and the signe of the Prophet Jonas shall be given them . 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 meannesse and poverty of the Ministers might not expose the institution to contempt : 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 Corinthians did use the Lord's Supper unworthily God punished them with sicknesse and with death , as the Apostle himself tells them : for to denounce them after and to pronounce them before were equal actions of ministery , but equally no parts of jurisdiction . This way continued in the Church , though in very infrequent examples , till the Emperors became Christians , and by laws and temporal coercions came to second the word of Ecclesiastical Ministery . For S. Cyprian 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 : Recedente siquidem disciplina recessit & gratia ; 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 . And this was the rod that S. Paul threatned to the Schismatical Corinthians ; not any emanation of the ordinary power of ministery , but a miraculous consignation of it : for these things ( as S. Chrysostom observes ) S. Paul calls signa Apostolatus mei , the signes of his Apostleship 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not by any power of their own , 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 Elias had , who , as S. James said , prayed that it might and prayed that it might not rain ; 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 . But after all this , 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 mixt Empire as the other is in the mere . 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 preaching the Ecclesiastic state does imitate the legislation of God ; so by the power of the Keyes she does imitate 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 Divine 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 denunciations , by comforts and absolutions , as she ministers to the legislative of God by preaching and publishing , by exhortation and command . For there is an Empire in preaching ; there is a power of Command which the Bishops and Ministers of the Church of God must exercise . To this purpose S. Chrysostom discourses excellently , There are some things which need teaching , some which need commanding : if therefore you invert the order , and had rather command where it is necessary for you to teach , you are ridiculous ; and as bad if you goe about to teach where you rather should command . 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 exhortation . 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 . * 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 judgments 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 . But the use of the Keyes does differ from proper jurisdiction in this great thing , 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 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 subject 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 unreasonable binding . For it is not true here which the Lawyers say of humane Jurisdictions , Quod Judex errans pronunciavit , ob authoritatem jus dicentis transit in rem judicatam . The Priest hath no such authority , though the Civil power have . The error of the Judge does not make the sentence invalid ; 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 Jesus Christ. The Church pardons sins as the Levitical Priest did cleanse the lepers , said S. Hierom ; that is , he did discern whether they were clean or no , and so restor'd them to the congregation : but apud Deum non sententia Sacerdotum , sed reorum vita quaeritur , God regards not the sentence of the Priest , but the life of the penitent . For the Priest , aliquid est ad ministrandum ac dispensandum verbum ac sacramenta , ad mundandum autem & justificandum 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. They are the words of S. Austin . This therefore is but verbum reconciliationis ; the word of reconcilation is intrusted to us : but we properly give no pardon , and therefore inflict no punishment . Indeed the power of the Keyes is by a Metaphor chang'd into a sword , and S. Pauls wish [ I would they were even cut off that trouble you ] 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 authority is a power of jurisdiction , just as Excommunication is a sword . But so is the word of God , sharper then a two edged sword ; and so is a severe reproof , it cuts to teh bone . Nec censorium stylum , cujus mucronem multis remediis majores nostri retuderunt , aeque posthac atque illum gladium Dictatorium pertimescamus , said Cicero . 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 Dictators . But how little there is of proper jurisdiction in Excommunication we can demonstrate but by too good an argument . For suppose Julian robbing of a Church , striking the Bishop , disgracing the religion , doing any thing for which he is ipso facto excommunicate : tell him of the penalty he incurs , cite him before the Bishop , denounce 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 Julian was about to renounce 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 publick 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 Ecclesiastic state enforce him ? If you threaten to drive him from the Communion , 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 excommunicate the men that doe it ? They say the order it self is Antichristian ; 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 : & 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 therefore operates onely upon the spirit , that is upon the will and understanding , 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 . For that which the Ecclesiastics can doe , 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 anger , to be a debtor of repentance ; and refusing to baptize an evil Catechumen , 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 communion with Christ ; and therefore by denying the Symbols sayes that truth which by his Sermons he publishes . All the effect and real event is produc'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 judicium , non jurisdictio , a judging , not a jurisdiction ; 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 . Adde to this , 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 sanior pars 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 direct obligation ; indirectly it is , as I have already affirm'd and shall afterwards discourse . This discourse cannot lessen the power and authority of the Church ; it onely explicates the nature of it , because it is useful to many cases of 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 jurisdiction 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 Samuel , They have not rejected thee , but me , said God ; and , He that despiseth you , despiseth me , 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 cannot : but these that feel it are in a worse condition ; for it is a fearfull thing to fall into the hands of the living God ; and , who can dwell with the Everlasting burnings ? For our God is a consuming fire . 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 displeasure . BY the Church it is certain I must first mean the Church Catholick , 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 Angel of that Church , the Bishop ; according to that saying of S. Cyprian , Scire debes Episcopum in Ecclesia esse , & Ecclesiam in Episcopo , The Bishop is in the Church , and the Church in the Bishop : 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 ministery of blessings . And therefore S. Chrysostome expounding those words of Christ , Tell it unto the Church , says that they mean , tell it to the Bishop of the Church , who is to minister food and Discipline to the congregation . Now all the power of commanding and making Ecclesiastical laws , 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 institution , 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 Timothy and Titus , to whom S. Paul 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 . Par in parem potestatem non habet . 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 authority ; and therefore must suppose a distinction in the Clergy of superior and inferior . Now because there can be no union political without government , and the government which was appointed was that of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the ruling Clergy , it follows that the Bishop being the head of spiritual union in the first institution of the Church , every society of Christians 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 Presbyters , 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 obedience . Whether the Diocese be little or great , allowed or disallowed , in City or in Country , divided into parishes or not divided , under Metropolitans 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 , intra limites disciplina , 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 Divine appointment : for the Presbyters were called in partem sollicitudinis into the help of the Ministery ; but they had no cure of souls , save onely by delegation & special and temporary appointment , for some whole ages in the Church : and therefore the Governing and the Commanding Authority cannot be extended to Parishes and to their Curates which are of late 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 legislative 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 , Patriarchs , 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 Rome 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 to or by 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 division being but accidental to the charge , and the charge being an appointed 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 integral constitution . To the verification therefore of the power thus subjected , all those titles of eminency and superior office recorded in Scripture doe aptly minister : as that they are called Pastors , and Rulers , and Praepositi , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bishops or Overseers 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 . To this purpose are those words of S. Clement to S. James the Brother of our Lord ; These things , most dear Brother , I have received from the mouth of holy Peter , 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 . Therefore let no man think that without danger he can neglect these precepts , or dissemble them ; quia in judicio Dei ignis aeterni tormenta sustinebit qui Ecclesiastica 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 he that shall hear thee as the Minister of Christ commanded , shall receive glory : But he that shall not hear thee , or rather the Lord speaking by thee , shall receive to himself damnation . S. Ignatius is very frequent and expresse in this particular . Be subject to the Bishop as to the Lord. 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 , and a despiser of Christ , and a disparager of his ordinance . And again , 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. Tertullian speaking of the power and judicatory of the Church , saith , Ibidem etiam exhortationes , castigationes & censura Divina ; nam & judicatur magno cum pondere , ut apud certos de Dei conspectu , There are exhortations , chastisements and a Divine censure ; for the judgment of the Church 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 prayers , assemblies and all holy entercourse . To which if we adde the words of S. Cyprian , we shall find not onely the power and authority warranted , but the subject of the power declar'd to be the Bishop . Since there are such and so great and many other examples 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 revenge of the future judgment ? For heresies have arisen and schisms commenc'd from no other cause then this , that men doe not obey [ the Bishop ] 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 according 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 suffrage 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 . I onely adde the testimony of S. Hierom , 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 . Episcopus vester cui Ecclesiae commissum est regimen , &c. 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 . But because I have given a larger account of this duty in general , in * 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 . RULE III. The Church hath power to make laws in all things of necessary duty , by a direct power and a Divine authority . SAint Ignatius discoursing of the Bishops power , 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 ; because an obedience universal is due . Necesse est ut quicquid facitis , nihil sine Episcopo tentetis , & in nullo illi refragari : And again , 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. The same also he repeats in other places , 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 Smyrna . Sine Episcopo nemo quicquam faciat eorum quae ad Ecclesiam spectant , Without the Bishop let no man doe any thing of that which belongs to the Church ; that is , whatsoever is intrusted to the Bishops charge , the conduct of souls , the duties of religion , the commandements of God , the Sacraments of the religion , the Orders of the Divine institution , the interior actions of grace , and the external which are of necessary ministery and relation 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 . Thus the Bishop hath power to command his subject or parishioner to put away his concubine ; and if he does not , he not onely sins by uncleannesse , but by disobedience too . For the authority of the Church being spiritual , 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 purposes ; it is also evident in the thing it self , that it is of great effect , because 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 . Whatsoever therefore the Bishop commands us as from God , 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. So S. Bernard , Quicquid vice Dei praelatus 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 Angels make his will and pleasure known unto us ? 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 hinder the practical obedience ; because it is as certain that our lawfull superior 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 the authority of God in the hand of a Prelate is warrant enough to determine us when we know nothing to the contrary , though our own will is not . If we have a doubting conscience , we have nothing ( 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. Bernard said well [ quod non sit tamen certum displicere Deo ] unlesse you are sure , that is , be fully persuaded , you displease God in obeying the Bishop , it is certain you doe displease God by disobeying him . For it is a part of our obedience not to judge his sentence , that is , not to give judgment against him in a question of difficulty , but to stand to his sentence . Credas tibi salutare quicquid ille praeceperit ; nec de Majorum sententia judices , cujus officii est obedire & implere quae jussa sunt , said S. Hierom 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 dishonour'd , it is very much our duty to obey the Church . Thus the Church hath power to command us to be devout in our prayers , to be charitable to our Brother , to forgive our enemy , to be heartily 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 exhort , 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 disobedience . RULE IV. The Church hath power to make laws in such things which are helps and apt ministeries and advantages of necessary duty . This Rule is expressely taught by S. Basil : Necessariò ea nos in memoriam debemus redigere quae dicta sunt ab Apostolo , 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 diligentiusque 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. 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 Cato blush , and Tuccia 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 people to spiritual Rulers , and give them wisdome to doe it , and commandment 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 . And in pursuance of the Episcopal authority in the like instances it was that S. Chrysostom held his pastoral staffe over the disobedient : 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 , Sciant omnes his criminibus obnoxii , si post hanc nostram admonitionem in ea negligentia manserint , non toleraturos nos , sed legibus Ecclesiasticis usuros , & magnâ austeritate docturos ne talia posthac negligant , n●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 . Upon the same account the Church in her Sermons of repentance does usually , and hath authority to enjoyn actions of internal and external significations and ministeries of repentance . In the Primitive Church the Bishops did indict fasting-dayes , and publick Letanies and processions or solemn supplications and prayers to be us'd in the times of publick danger and necessity . This we find in Tertullian , Episcopi universae plebi mandare jejunia assolent , non dico de industria stipium conferendarum , ut vestrae capturae est , sed interdum & ex aliqua sollicitudinis Ecclesiasticae causa , The Bishops are wont to command fasting dayes to all the people , not for secular ends , but 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 . And here comes in that Rule of the law , The Accessory follows the nature of the Principal ; which hath been so infinitely mistaken and abus'd by the pretences of Romanists and Presbytery 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 accessories 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 deriv'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 . The Rule [ The Accessory followes the nature of the Principal ] explicated . Therefore for the understanding of it so far as can be in order to our design , 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 nature of the principal . 1. That which is principal to one purpose , is but the accessory to another sometimes . If Titius 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 Titius 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 . Villa fundum quaerat , it is sometimes true ; but ordinarily , Fundus quaerit villam . 2. That which is of greatest value is not always the principal , but sometimes is the accessory . The picture of Apollo upon a laurel board is much more precious then the wood , and yet if Apelles should take Lucian's wood and draw the picture . Lucian 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 ; according to that of Ulpian , Semper cum quaerimus quid cui cedat , illud spectamus , quid cujus rei ornanda causâ adhibetur . And therefore if Caius dying leave me in legacy his black-cloth suit , I shall also receive the diamond-buttons that adorn it : because these were plac'd there to adorn it ; and therefore are the accessory , because they are usu minores , and wholly set there for the ministery of the other . Quod adhibetur alterius rei causâ ; 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 . Cedent gemmal phialis vel lancibus inclusae auro argentove . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the body . The body is first , and the soul comes afterwards to give it life and motion . 3. When two substances concurre to the constitution or integrity of a third , 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 , quod alterius rei causâ adhibetur aut accedit : If it comes in accidentally and be wholly for the others sake , then it is an accessory . Thus order and decency and circumstances of time and place are for the ministeries and ornament of religion , and therefore are accessories . The outward act is the lesse principal and an accessory to the inward , for to the inward it wholly ministers ; and consequently he that disposes of one may also govern the other , because the lesse principal is included 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 . 4. Those things which of themselves are not , 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 passionately , 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 therefore although it will follow that when the body ministers to the action of the soul wholly , and hath no distinct work & 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 〈…〉 have also an absolute and irrespective nature , operation or designe , it 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The conjunct cause or reason , when it is there , the work will follow : but when it is away , there will be no event , says the Philosopher . 6. It is not enough to make a thing to be accessory , that it is design'd for the use and ministery of another that is principal ; but it must be actually 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 . 2. These may be sufficient to declare so much of the nature of accessories as is of use in our present questions . The next inquiry is , what is the meaning of these words , [ The accessory [ follows the nature ] 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-wealth . But the meaning is , that duplici & diverso jure censeri non debent , they who are joyn'd in one action are to have one judgment , though according 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 prayers be solemn and fixt , so must they . And thus also it is in matter of Government . 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 ministeries 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 impression upon the body , but that it be commanded and conducted in the 〈…〉 the Curator bonorum ; and the Physician that gives physic to the body , and conducts the regiment of health , is not Master of his wardrobe : and the Epigram derided Herod the Empiric , Clinicus Herodes trullam subduxerat aegro : Deprensus dixit , Stulte , quid ergo bibis ? 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 remaining 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 , * 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 principal , 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 personales & hypothecarias . Maevius dies and divides his estate between Lucius and Lucullus ; but he was indebted 20 talents , and for caution had ingag'd some jewels . Lucius payes his five talents , and Lucullus payes foure of the other : the personal action of Lucius is dissolv'd , but the accessory is not ; for till Lucullus his personal or principal be taken off , the accessory and cautionary remaines upon them both : and this also hath a particular reason , and so have all those cases in which this Rule failes . From whence I inferre , 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 natural 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 alterable : 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 , & the bridle be excepted , the rule is then of no use . Now to apply this to the present inquiries . 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 charitable 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 . But 2. 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 necessarily to the necessary actions of the soul : & therefore because it is a duty that we communicate in the Communion of Saints , when that duty is actually 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 , Neglect not the assembling of your selves together . And yet further , 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 , atque eodem jure censendum , to be judg'd by the same laws , govern'd by the same persons , subject to the same sentence and conduct , not onely in things of absolute necessity , 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 Commandement ; and it is not onely commanded to us to doe that which is lawful , but that also which is of good report ; 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 they give good account of them , but it is requir'd of us also that we so comport our selves that they may doe it with joy : 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 without 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 . But this Rule we see verified by authentic precedents . For the Apostles at Jerusalem indeed thought fit to impose nothing but those necessary things which are specified in their decretal : but S. Paul us'd also this authority by the measures of the present Rule , and commanded beyond the limits of absolute necessity , even that which he judg'd convenient ; and verifies his authority in his Epistle to Philemon , I might be much bold in Christ to enjoyn thee that which is convenient : and this he actually did to the Corinthian Church , commanding that all things should be done decently and in order . Now although it be true that in these things the Apostle had some advantages which the Bishops in succession have not ; he had an infallible spirit , and what he call'd convenient was so indeed ; and he had converted Philemon , 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 Corinthian Church was such which was of a perpetual reason , and it would be for ever necessary 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 , & such decencies and reasonablenesses as are next to necessity , they can enjoyn them , onely they cannot judge so surely ; and therefore although there may be more causes of laying aside their commands , yet it is never lawfull without cause . But this is not to be extended to such decencies as are onely ornament , 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 required 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 sumptuousnesse , to ornaments of Churches , to rich utensils , to splendor , to Majesty ; for all that is decent enough , and in some circumstances very fit . But because this is too subject to abuse , and gives a secular po●er into the hands of Bishops , and an authority over mens estates and fortunes , and is not necessary for souls , and no part of spiritual government , it is more then Christ gave to his Ministers . This also is to be added : 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 essential 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 himself 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 advantages , with ease , with comfort , being a duty wholly incumbent on the people and for their profit , if they will not comply , they sin ; and it is not profitable for them , 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 . Beyond this the Bishop hath no authority to command what he can persuade by argument , 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. Paul. 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 . In these things the spiritual power is proper and competent . But the Apostle addes , He therefore that despiseth , despiseth not man but God , who hath also given us his holy Spirit . 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 authority ; but his spirit too , that is , he hath given him wisdome as well as power , 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 requisite 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 revealing the expresse commandement and necessary duty . Beyond these strict and close measures there is no doubt but the Spirit of God does give assistance : as the great experience of the Church , and the effects of government , and the wise rules of conduct , and the usefull Canons , and the decent Ceremonies , and the solemn rites , and the glorifications of God consequent to all this doe abundantly testify . But yet beyond this , the Bishops can directly give no laws that properly and immediately bind the transgressors under sin : and my reasons are these . 1. Because we never find the Apostles using their Coercion upon any man but the expresse breakers of a Divine Commandement , or the publick disturbers of the peace of the Church and the establish'd necessary order . 2. Because even in those things which were so convenient that they had a power to make injunctions , yet the Apostles were very backward to use their authority of commanding ; much lesse would they use severity , but intreaty . It was S. Paul's case to Philemon before mention'd ; Though I might be much bold in Christ to enjoyn that which is convenient ; yet for love's sake I rather intreat thee . 3. In those things where God had interpos'd no Command , 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. Paul in case of the Corinthian men wearing long haire , If any man list to be contentious , we have no such custome , nor the Churches of God : that is , let him chuse ; it is not well done , we leave him to his own liberty , but let him look to it . 4. If the Bishops power were extended further , 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 supreme in things of this life which doe not concern the Spirit , and so fall into Dynasty , as one anciently complain'd of the Bishop of Rome , and change the Father into a Prince , and the Church into an Empire . But this hinders not but that the power of spiritual Rulers may yet extend to a further use , 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 . The matter of scandal ; in which case , under pain of sin they must obey in all lawfull things , when by accident and the concurse of emergent causes it is scandalous to disobey . And the other is , Their own consent ; 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 . There is one way more by which Ecclesiastical laws doe bind ; but this is the matter of the next Rule . 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , say the Greek Lawyers . The power of making laws , viz. of determining things not commanded by God , or of punishing prevarications against Gods laws or their own , is granted to Kings . And therefore as secular Princes did use to indict or permit the indiction 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 authority 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 necessity and from good will , by hope and fear , by the sense of their own needs , and the comfort of their own advantages . It was populus voluntarius , 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 government : 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 holinesse by which they did prevail , and to the people the spirit of love and obedience : and these together were strength enough to restrain the disobedient . 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 efflux 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 afterwards 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 government . 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 became 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 . For this first way was not like to last long ; for good manners soon corrupt , and a precarious authority , though wise and holy , useful and consented 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 revenues , the determination of causes and difficulties in manners of speaking or acting , and whatsoever was not matter of faith or a Divine Commandment : in all that new necessities did every day arise , and the people were weary of obeying , and the Prelates might presse too hard in their governing , 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 Clergy , but a matter of obedience to Kings and Princes . These Canons before the Princes were Christian were no laws further then the people did consent ; 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Edicts , orders , and golden bulls , commanding or making into laws the sentences and rules of Synods . The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that 's the effect and production of Bishops in their conventions ; that is , they have jus pronunciandi quid sanctum , quid non , a right of pronouncing what is for Gods glory and the interests of religion , and what not : but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the establishment and the command belong to Princes . The Synod hath a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a right of judging , but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or confirmation of it into a law belongs to the Civil power . So we find in a Synodal Epistle de non avellendis episcopis à sua Metropoli , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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. To the same sense are those words of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applied to the Bishops Canons , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Kings Edict upon them ; and therefore the Emperors and Princes were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , * to put the seal of their authority to the decrees of the Fathers . † For it was never known in the Primitive Church that ever any Ecclesiastical law did oblige the Catholick Church unlesse the secular Prince did establish it . The Nicene Canons became laws by the Rescript of the Emperor Constantine , says Sozomen . He wrote an Epistle and commanded that all Churches should keep Easter by the Canon of the Nicene Fathers , and made it capital to keep any of the books of Arius . * When the Council of Constantinople was finish'd the Fathers wrote to the Emperor Theodosius , and petition'd 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 decreta communibus suffragiis tandem facta sigillo tuo confirmes . The Emperor had done them favour and honour in calling them together , and they petitioned 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 Ephesin Council by the Emperor is to be seen at the end of the Acts of the Synod : and Marcian the Emperor wrote to Palladius his Prefect a letter in which he testifies that he made the Decrees of the Council of Chalcedon to become laws . For having forbidden any person to make assemblies and orations of religion in publick , he addes this reason , Nam & injuriam facit reverendissimae Synodi judicio , si quis semel judicata ac rectè disposita revolvere & publicè disputare contenderit ; cùm ea quae nunc de Christiana fide à Sacerdotibus qui Chalcedone convenerunt per nostra praecepta statuta sunt , &c. 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 Chalcedon concerning Christian faith were commanded by us ; or were appointed by our Commandement… . Nam in contemptores hujus legis poena non de●rit , They that despise this law shall be punished . Thus also the Fathers of the fifth General Synod petition'd Justinian to confirm and establish their Canons into a law , in the same form which was sent to Theodosius by the Bishops of the General Council at Constantinople before mention'd . * The same Prince also published a Novel in which he commands vim legum obtinere Ecclesiasticos Canones à quatuor Synodis , Nicena , Constantinopolitana prima , Ephesina prima & Chalcedonensi expositos & confirmatos ; 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 Ancyra , Gangra , Antioch & Laodicea , which were then adopted into the Code of the Universal Church , though they were but Provincial in their original . So that now upon this account the Ecclesiastical laws are as obligatory to the conscience as those which are made in a Civil matter ; and there is no difference but in the matter onely : but for that there will be some advantage ; 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 . §. 2. Of CENSURES Ecclesiastical . I have given the general measures of the Legislative power of the Ecclesiastical state : next to this I am to account concerning their Coercitive § . 2. and then return to the inquiries after the more particular subjects of this power § . 3. and their particular laws and their obligations upon the conscience in external order § . 4. and in matters of faith § . 5. RULE VI. Kings and Princes are by the ties of Religion , not of power , oblig'd to keep the laws of the Church . THe laws of the Church I have already divided into such which she makes by a Divine authority , 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 other : 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 Themistius , 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 Constantius advanc'd to a prefecture , in an excellent Epigram he says to himself , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Now ascend downwards , for thou hast already descended upwards . 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 . But in matters not of necessary duty , not expressely required by God's law and the necessary , unavoidable , immediate consequents of it , there being no laws but what themselves have made , they are no otherwise oblig'd then by their own civil laws , of which I have already given account . This thing is particularly noted by Balsamo upon the 16th Canon of the Council of Carthage , who affirms that by the reason of the power given to Princes from God they are subject neither to their laws nor Canons . And of this latter he gives this instance , That although by the XIIth Canon of the Council of Chalcedon it was decreed that no city should for the future acquire the title of a Metropolis ; yet after this Justinianea prima was made an Archiepiscopal seat and had Metropolitical rights , to the diminution of the former rights of Thessalonica : but Balsamo 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 Isauropolis and Tolma besides their own , had others ; so had the Bishops of Lichfield and of Bath in England : they had other cities under their jurisdiction which had no Bishops in propriety . For if Kings did give limit to their Dioceses 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 deputation 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 . And this is apparent in all the privileges and concessions made to the Church , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , If a King hath given a gift , he may recal it in case the beneficiary proves ingratefull . The same with that in the feudal laws of the Lombards , Feudum amittit qui feudum sciens inficiatur . 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 . But although in strict right the Kings laws oblige him not , yet because de bono & laudabili 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 examples 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 render 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 religion : for who will murmure at those laws which the King himself weares in a phylactery upon his forehead and his wrists ? Facere rectè cives suos princeps optimus faciendo docet ; cumque sit Imperio Maximus , exemplo major est , said Velleius Paterculus . This is most of all true in religion , whose laws look too like policy when they are established onely by penalties , but they are accounted religion when they are made sacred by example . To which purpose is that of Tacitus , Obsequium in Principem & aemulandi amor validiora quam poena ex legibus . It is duty to our Prince , and it is our honour to imitate the example of the Prince ; and these prevail more then penalties . Haec enim conditio principum , ut quicquid faciant , praecipere videantur , says Quintilian . Their example is the best law . Sic agitur censura , & sic exempla parantur , Si Judex , alios quod jubet , ipse facit . So laws and judgements and good manners are best established , when by the examples of Kings and supreme Judges they are made sacred . Adde to this , that the laws of religion have most of them the warranty 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 wisedome and choice of men determin'd in such an instance to such a specification . But this is to be understood onely in such laws which are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 outerguards , 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 whatsoever 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 oblig'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 greater measures and exactions of those vertues which bring the people unto heaven , every action of his that deserves an ill report , it is but scandal in the lesser people , but to him it is infamy . 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 . Cavere debet qualem famam habeat , qui qualemcunque meruerit , magnam habiturus est , said Seneca . His fame , let it be good or bad , it will certainly be very great . The summe is this : Kings are so tied to their own Ecclesiastical laws , that they must take care they be not despis'd by their example , that the religion design'd by them be promoted , that that part of the Common-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 Seneca said of the cares of Kings , may be said of the external observations of the laws of religion , Remissum aliquando animum habebit , nunquam solutum , He may remit something of the strict observance , but he must never esteem himself wholly quit . But this is to be understood onely in externals and rituals ; concerning which one said excellently , Pleraque ex iis magis ad morem quam ad rem pertinent , They are nothing of the substance of religion , but onely appendages , and manner , and circumstances : and therefore ; Sapiens servabit ea tanquam legibus jussa , non tanquam diis grata , A wise man will observe rituals because they are commanded by laws , not that they are pleasing to God. They are the words of Seneca quoted by S. Austin . Since therefore these are wholly matter of obedience , Kings are free , save onely when they become bound collaterally and accidentally . But in matters of essential duty , the King hath equally with his subjects no liberty , but much more direct duty , and many more accidental obligations . The whole affaire is well enough express'd by Cicero , Religioni parendum est : nec patrius mos contumaciter repudiandus . The Prince must obey religion , and he must not despise the customes and the manners of his Country ; that is , in the better words of our Blessed Saviour , These things they ought to doe , and not [ wholly ] to leave the other undone . But the liberty of Princes in these Ecclesiastial laws of order , 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 David eat the shew-bread ; and Hezekiah permitted some that were unclean to eat the passeover , otherwise then it was written : onely Hezekiah prayed to God not to impute it to them , and gave them way : and under his reigne the Levites did kill the sacrifice twice , which was onely lawfull for the Priests to doe . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to loose a litle of the exactnesse 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 . RULE VII . It is not lawful for the Ecclesiastical power to excommunicate Christian Princes , or the supreme Civil power . IN the sentence & 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 author 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 Thessalonica , 2 Thessal . 3. v. 6 , and v. 14 , 15. And the last is , the supervening temporal punishments by which Princes use to verify the just sentences of the Church against refractary Criminals . Concerning the last , 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 hatchet , to be hewen down or hurt by it afterwards . But then concerning that part which is inflicted by the people , which is abstinence from the society of the offender till he repent and make amends 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 indep●ondently from the religion . Besides this , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a note of dishonour and blasphemy ; 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 . Invisum semel principem seu bene seu malè facta premunt , saith Tacitus . If he once fall into such a calamity and dishonour , whether he doe well or ill afterwards , it shall be evil to him . And yet further , the power of assemblies and publick meetings is wholly by the laws and permission of Kings ; and nothing is more unreasonable 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 l. 30. Cod. de Episc. & Clericis and in the 123. Novel of Justinian . For even in those actions of Bishops in which themselves have liberty & Divine authority , yet the supreme Civil power hath external jurisdiction . Thus Mauritius the Emperor commanded Gregory the Great , Bishop of Rome , to communicate with John of Constantinople ; and anciently in France the Princes were wont to compell the Clergy to officiate ; and when the Pope had interdicted the kingdome of England , the King compelled the Priests and Bishops to open their Churches : so it is in Holland , and so in Venice , and so in all places where Kings know their power and their interest and their duty . For if excommunication be onely an act of caution and prudence , 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 jurisdiction , 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 reserv'd onely for the judgement of God. Apud serenissimum Regem opus est exhortatione potius quam increpatione , consilio quam praeceptis , doctrina quam virga , said Hildebertus the Bishop . The King is to be exhorted , not reproved ; counselled , not commanded ; and to him not a rod , but doctrine is to be us'd : and Ivo Bishop of Chartres * said the same thing . Kings if they abuse their power are not to be provok'd ; but in case they refuse the admonition 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 Gregorius Turonensis , Si tu excesseris , quis te corripiet ? Si autem nolueris , quis te damnabit , nisi is qui se pronunciat esse Justitiam ? He spake to King Chilperic . If thou beest exorbitant , who shall correct thee ? If thou refusest , who shall condemn thee , but he onely who is the Everlasting Righteousnesse ? For if S. Paul gave in charge to Timothy that each person should receive an impression and emanation from the Pastoral charge according to his quality , and commanded that he should not rebuke an Elder , but intreat him as a Father ; much lesse would he have permitted any to have punish'd the Father of the Country and his own superior , 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 superior , and can give laws , and inflict penalties , and is judge and the remedy of all abuses . And if concerning this inquiry we consult the doctrine and practices of the Fathers in the Primitive and Ancient Churches , we shall find that they never durst think of excommunicating Kings . They had no power , no right to doe it . Nam Sacerdotis tantum est arguere , & liberam praestare admonitionem , saith S. Chrysostom , Priests can onely reprove and argue , and give a free admonition : and therefore the first supreme Prince that ever was excommunicated by a Bishop , was Henry the Emperor by Pope Hildebrand . But against this that I say now the Doctors of the Church of Rome make a mighty out-cry , saying that Philip the first Christian Emperor was excommunicate and thrust amongst the penitents ; that Babylas the Bishop of Antioch thrust the Emperor Decius with his hands against his breast from the doors of the Church ; that Athanasius excommunicated the Prefect of Libya , and S. Basil commanded in his Diocese that he should be avoided ; that S. Ambrose did excommunicate the Emperor Theodosius ; that S. Chrysostom forbad Eudoxia the Emperesse to enter into the Church doors ; that Innocentius excommunicated Arcadius ; so did Synesius to Andronicus the Prefect , S. Austin to Bonifacius , Pope Symmachus to Anastasius the Emperor , Pope Vigilius to Theodora the Empresse , Gregory the second to the Exarch , Gregory the third to Leo Isaurus . Instances enough , if they be right and true , to shew that the Fathers were of another mind then the Rule pretends . But in this heap I must separate what is true and certain from what is false and uncertain , and give an answer to them , and the rest will not trouble us . * The story of the Emperor Philip 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 Eusebius , he was persuaded by the Bishop . * And the same was the case of S. Ambrose to Theodosius : the Prince was persuaded to it , * but it was onely to doe his repentance after the manner of the penitents in those days ; the Bishop onely refus'd to celebrate 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. Ambrose could not have verified his power , if the Emperor had been unwilling , and the Emperor did doe more then was necessary . But S. Ambrose said that he had his warrant to use the Emperor so , from a vision . His warrant was extraordinary : for he had no ordinary power or commission . * The excommunications of the Prefects by S. Athanasius , S. Basil , S. Austin , Synesius and Gregory 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 Babylas to Decius was not excommunication : for Decius was a Heathen , and the Church hath nothing to doe with them that are without ; but Babylas was zealous and fierce , and acted with the spirit of a Martyr , to which he hastned by his fervor . * S. Chrysostom indeed did that to Eudoxia 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 Innocentius to Arcadius is of no credit , and so is that of Symmachus to Anastasius , as being onely seen in the Epistles of the Popes of Rome ; concerning which there is nothing certain , but that very many of them are certainly spurious . The pretended excommunication of Theodora by Vigilius hath no testimony . Contra Theodoram & Acephalos Vigilius pronunciavit damnationis sententiam , said Gregory . But this was nothing but a condemnation or rejection of the heresy of the Acephali with which she was partaker . And the like was the case of Leo Isaurus ; it was sententia damnatoria , a condemnation of his opinion , called by Zonaras 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But these things are onely pretended to make noises . Pope Hildebrand was the first that ever did any thing of this nature ; as is expressely affirmed by Authors of great credit , by Otho Frisingensis , by Godefridus Viterbiensis , and by Onuphrius , who counted all the other pretences either fabulous or to no purpose . But yet there is a third portion of excommunication , which is a denying 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 . Nolite dare sanctum canibus , said Christ , Give not that which is holy to dogs ; 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 Ecclesiastical 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. Gregory's case with Mauritius the Emperor was like this . The Prince commanded him to be the minister 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 external 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 yet from their Prince when they can declare it . It was also the case of Saul and Samuel . The King desir'd Samuel 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 Sauls sinne ; but at last , when the King's will was pressing and importunate , Samuel did obey his voice and did joyn with him . Ivo Bishop of Chartres 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 , Nolo te fallere ; introitum hujus visibilis Ecclesiae periculo tuo te habere permitto . Januam regni coelestis tali reconciliatione tibi aperire non valeo . Sr , I will not deceive you ; at your peril be it if you will come into the holy place to partake of holy mysteries . I declare to you , that this ministery [ of the communion ] is not any reconciling of you to God. 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 therefore is to proceed by methods fitted to the spirit , that is , by reason and argument , 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 therefore it descends , but ascends not , unlesse they please ; [ of which by and by . ] Admoneri quidem possunt , increpari , argui à discretis viris : quia quos Christus in terris Rex Regum vice suâ constituit , damnandos & salvandos suo judicio reliquit , said the Church of Liege in their Epistle to 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 . Upon the likenesse of matter it is to be inquir'd 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 . The answer to this depends upon the premisses . 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 implied ; and therefore much lesse can this be done to the supreme power whether he will or no. Imperatoriâ unctione poenitentiam tolli , said Balsamo , From the suffering penances Kings are quitted by their anointing : and upon those words of David , [ Against thee onely have I sinned ] S. Ambrose hath this note , He was a King , he was held by no laws , because Kings are free from the bands of delinquents ; Neque enim ullis ad poenam vocantur legibus tuti Imperii potestate , Neither are they by any laws call'd to penance , being safe by the power of their Empire . And since the Primitive Church was infinitely restrain'd in imposing publick penances on Bishops , for the honour of their order and dignity of their persons , we shall the lesse need to doubt of their opinion or practises concerning Kings . But yet we find that some excellent good Princes did submit to such imposition of penances , and did abstain from the publick communions till they had given testimony of their repentance toward God. So the Emperor Philip , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he of his own willing mind plac'd himself amongst the penitents . So did Theodosius under the discipline and conduct of S. Ambrose . 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 . Henry 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 Canusium bare-footed , in a cold winter , for three dayes together , and had endur'd the insolency and scorn of Hildebrand . And when Kings made themselves lesse , the Bishops became greater without any good to the Church , but not without much detriment to religion . But neither may Princes be reprov'd publickly . For if he will not be obedient to the will of God in the voice of his ministers publickly teaching , 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 teaching , save onely that it is manus linguae , it is the hand of the tongue , not the voice onely . He that reproves teaches onely minors : 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 diminution 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 reproves 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 . — peragit tranquilla potestas Quod violenta nequit : mandatáque fortiùs urget Imperiosa quies — And if we esteem reproof unseasonable where it is likely we may doe hurt , & where it is not likely we shall doe good , much more is not this course prudent 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 Antigonus , patiently to hear himself revil'd : but if he had , yet it was but reason that Antigonus 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 reproach which they hear in the sermons of the Ministers ? And if the Bishop 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 Aristole sayes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . If they once come to despise their Prince , they will soon unclasp his royal Mantle . It is true that the Ministers of religion are stewards of the mysteries of God and Embassadors for Christ : 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 power 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. Paul , when he had declar'd his office and commission to be Christ's Embassador , he addes , as the full , expresse and proper issue of that power , we pray you in Christs stead to be reconciled to God. The old Prophets took liberty , and were bold in their reproofs , and troubled Kings ; 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 Amos being very bold was bidden not to prophesy and more at Bethel , because it was the Kings Chappel and the Kings Court : 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 reproof , except in such cases in which they also became prophets ; as it happened to Jehoiada , 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 according to the duty and obedience , the gentlenesse and prudence of the religion ; lest it be said to them as was said by King Amaziah to a bold man that spake openly to him , Have they made thee the Kings Counsellor ? cease thou , why should they smite thee ? Now in this there can be the lesse doubt , for they mistake it that suppose 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 manner of doing their duty is not fit , yet it is necessary that the duty should be done . For miser est Imperator cui vera reticentur . 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 licentious . To which purpose , the Bishops and Ministers of religion must thus comport themselves to Kings . 1. Let the publick doctrines be instructive , but not apt to raise suspicion of the Prince . 2. Let it be in things certain and of evident and apparent duty . 3. Let no doctrines be fitted to private interests and partialities in the State. 4. let no reproof of Kings be in Pulpits , for it is uncivil toward any ut quis crimen audiat eo loco quo refellendi copia non sit , as the Roman said , that a man should be reprov'd in that place where for reverence and religion sake the man may not answer for himself . And therefore Clement the third caus'd a Clergy-man to be punish'd because multis coram astantibus verba quadam in depressionem officii & beneficii nostri protulit , he spoke words in a publick audience tending to his disparagement : and the Emperors Theodosius , Arcadius and Honorius made a law , Si quis modestiae nescius , & pudoris ignarus , improbo petulantique maledicto nomina nostra crediderit lacessenda , &c. That if any man , forgetting shame and modesty , 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 forgiven : but , ad nostram scientiam referatur , ut ex personis hominum dicta pensemus , & utrum praetermitti an exquiri debeant censeamus : the Princes would have it referr'd to their cognisance and judgment whether such persons should be punish'd or no. 5. Let there be no doubtful speeches in publick sermons scatter'd amongst the people concerning Princes , for they are publick seditions , not sermons . 6. When it is necessary or when it is prudent that private addresses to Princes be with a sacerdotal freedome , 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 suspicions , nor yet be in matters of secret concernment and undiscerned reason . 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 pretence of duty , and by a spiritual authority , when the matter of fact or the question of right is uncertain . RULE VIII . Ecclesiastical Censures are to be inflicted by the consent and concurrence of the supreme civil power . BY Ecclesiastical censures I mean the greater and lesser Excommunication . This is a separation of a Criminal ( who is delated and convict by witnesses , 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 lesser excommunication . The greater is onely of refractary & 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 greater excommunication , or the anathema . Both these are bound by the Ecclesiastical power : 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 power 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 penitent is like a wandring sheep ; in the second he is turn'd a goat or a woolf ; & 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 . These two are by the fifth Roman Synod under Symmachus distinguish'd by the names of excommunication ( meaning the lesser ) and anathema . 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 anathema . The same we find in the Synod of Turon . c. 25. which commands that all the curses of the 108 [ alias 109 ] Psalm be cast upon Church-robbers , 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 ; so Agapetus expresses it in his 6th Epistle . This is called eradication ; while the lesser excommunicates are still members of the Church , as S. Austin notes . There is yet a third sort of excommunication , brought in by zeal and partiality , a willingnesse to rule or to prevail ; which is no part of the power 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 power to doe at all , or to such a person over whom confessedly we have no authority 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 communio cum fratribus , and a communio cum omnibus Christianis . 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 Auxerre , 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 Carthage , ut Ecclesiae suae communione debeat esse contentus , that he should onely communicate with his own Diocese . The like to which we find in the second Council of Arles can . 19. in the Council of Tarracon can . 6. and the Council of Agatho cap. 35. Thus Epiphanius Bishop and Metropolitan of Cyprus refus'd to communicate with the Bishop of Jerusalem , who was not his suffragan . Concerning which way of proceeding , 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 Victor to the Churches of Asia , by Stephen to the Churches of Africa , 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 Samosatenians refus'd to communicate with their Bishop that was thrust upon them after the expulsion of Eusebius . So that evidently in this matter there is no authority to verify it . 2. Sometimes there may be duty : 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 communicating 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 communion be a sin , or the countenancing of a sin . And thus we find in the Annals of Spain , that a daughter of an Arrian King of Spain suffer'd death rather then receive the Communion from the hands of an Arrian 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 Bishop as a secret allowance of the heresy , which in that case she was to refuse , and obey God unto the death . But when this does accidentally become a matter of duty , 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 therefore in other cases & upon all other accounts we are tied to doe the charity of Christians . I will not communicate with a Roman 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 Credo with him , unlesse 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 because he is my Brother , 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 . But then thirdly , when it is not an expresse and a clear duty , it is alwayes 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 Pulpits turn to cock-pits , and seates of scorners and of proud and illiterate declamations . 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 Rome 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 Rome 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 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 : and it was wisely said of S. Austin , that to excommunicate a single person cannot make a schism , unlesse the multitude favour him ; intimating that a multitude is a dangerous thing to be involv'd in censures . The King nor the people are not to be excommunicated , 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 another is very hardly possible to be done with wisedome , or charity , or necessity . For when S. Paul bad his flock to abstain from the society of fornicators , 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 goe out of the world 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 separate 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 . But I am to adde this also , 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 Nestorius had preach'd these words , whoever shall say that the Virgin Mary is the Mother of God , let him be accursed , 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 Vigilius 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 withdrew themselves from his communion ; and the effect of it was , that almost all the Roman Church and divers other Western Churches did so : and so did the people of Istria to their Bishops in the same cause , and so did many more : and the evil grew so great , when every one would as he pleas'd withdraw himself from the communion of their Bishop or Priest , that it was under great penalty forbidden by the eighth Synod the tenth Chapter . But this may be done in these following cases . 1. When the superior hath manifestly erred in faith , that is , in an article of his Creed , or a plain proposition of Scripture , or in an article established or declar'd by that authority which hath bound him and them equally , and in which they conceive no error . Thus the Priests and people of Constantinople withdrew themselves from the communion of Eunomius , 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 Plato the Monk withdrew himself from the communion of Tarasius the Patriarch of Constantinople because he refus'd to excommunicate the Emperor , it was an insolence fit to be chastis'd by the rod of Ecclesiastical discipline . 2. Priests may withdraw themselves from the communion of their Bishop , 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 particulars , that is , this leave and this caution I have from Origen , explicating in what sense we are bound to cut off our right hand . Ego qui videor tibi manus esse dextra , & Presbyter nominor , & verbum Dei videor praedicare , si aliquid contra Ecclesiasticam disciplinam & Evangelii regulam gessero , ita ut scandalum tibi Ecclesia faciam , in uno consensu Ecclesia conspirans excidat me dextram suam , & 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 . 3. But all this is to be understood to be done by permission or authority of the Prince , in case he shall interpose , because where publick divisions and breach of peace are in agitation , the Common-wealth is more concerned 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 Gregory the first , Bishop of Rome , had thus refus'd to communicate with John Bishop of Constantinople , he was commanded by the Emperor Mauritius to communicate with him . And it is very fit that such heats and private judgments and zealous , but unnecessary , proceedings should be kept from inconveniences by such publick persons who are to take care of peace and of the publick . For if such separations be not necessary , they are not lawful ; and if they be not the onely 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 . But now concerning those other two proper kinds of excommunication , 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 impos'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 England wishes it were now restor'd , when penitents came and submitted themselves to the discipline of the Church , and had exercises , stations and penitential 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 Justinian in his 123 Novel commanded that no Ecclesiastic person should excommunicate any one , unlesse the cause were first approved . Which law was commended by the Council of Paris under Ludovicus ; and by John the 8th , who upon the authority of that law inhibited some Bishops from excommunicating one Bichertinus . 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 , 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 temporal 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 . And therefore if the Bishop did excommunicate any of the Princes servants , or any whom the Prince had a mind to communicate and converse withall , the censure was to be revers'd ; ut quod principalis pietas recipit , nec à sacerdotibus Dei alienum habeatur , as the Fathers of the 12th Council of Toledo did decree ; that what the piety of the Prince does receive , the Bishops may not reject . For to avoid the company of any person is an effect of excommunication indeed , but not inseparable : and because 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 without the Kings leave ; that is , he cannot separate him from the society of the faithful . And therefore Ivo Bishop of Chartres justified himself upon this account for conversing with one Gervasius that was excommunicate . Pro Regia enim honorificentia hoc feci fretus authoritate legis , si quos culpatorum , &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. Anselme , though he was extremely troubled with the Popes peevish injunctions against the King of England's right in the matter of Investitures , yet in his Epistle to Prior Ernulph he gives leave that though he durst not by reason of the Popes personal command to the contrary , yet they might communicate with those whom the Pope had excommunicated 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 Ecclesiastic 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 demands 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 . For it is to be observed that in this affair one part concerns the Criminal , and another concerns the people . The Criminal is bound to abstain 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 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 judgment 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 excommunication , 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 compell'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 * already instanc'd . 3. The sentence of the greater excommunication , though to be estimated in many particulars by the former measures , yet hath in it something of particular consideration . This is the great Anathema Maranatha , the excision of a man from the body of the Church ; without which body , whosoever is in that manner justly separate , there is no salvation to him : and this the Church called by the name of anathema . Not that whenever the word anathema 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 Edessa , when they purg'd their Bishop Ibas of the Crimes objected to him in the Council of Chalcedon , they solemnly protested they knew no evil of him , anathematizantes nosmetipsos , & terribili gehennae nosmetipsos obnoxios facientes , si novimus , anathematizing themselves and exposing themselves to the guilt of eternal damnation if they knew any such thing . Such anathemata are denounc'd against sacrilegious persons in the donatives made to the Church : and thus divers Councils doe pronounce anathema to false propositions , and Justinian in the Code uses the same execration against certain heresies . Now to such an anathema 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 abominable , and shall be separated from the communion of Saints in the day of the New Jerusalem . But the inquiry that remains is concerning the great anathema or excision of obstinate criminals from the body of the Church , which is the onely excommunication that Christ gave in commission and warranty . For so the Fathers expound those words of Christ , But if he will not hear the Church , let him be unto thee as an heathen and a publican ; that is , not to be esteem'd for a Brother , or a Christian , saith S. Gregory ; quia neque influxum habet à capite , neque participat de Spiritu Christi , saith S. Austin , he neither hath any influence from the head , nor partakes of the Spirit of Christ. This man the Church does not pray for , does not pray with , does not communicate , does not hope well of ; he receives no assistance and gifts of grace from the holy Spirit of God : and S. Jude sayes , his works are gone aforehand unto judgement . Videlicet peccator gravis & scandalosus , notorius , aut accusatus & convictus , he who is a grievous and a scandalous sinner , notorious or convict , being ●●prov'd by the Bishop in the publick assemblies of the Church , if he will not be humbled , but remains incorrigible and perseveres in his scandalous sinnes , tum anathemate feriendus est , & à corpore Ecclesiae separandus , then he is to be smitten with the anathema , and to be separated from the body of the Church : so . Gregory . 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 . Now concerning this , 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 permitted to exercise his spiritual office . For though it be true that any Bishop can by the Civil power be hindred from ministring in publick assemblies , for he may be banished or depos'd , and another put in his chair , or all his offices may be suspended quoad exercitium actus ( 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 refractary , 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 ; and all that discourse of our Blessed Saviour in the 18th of S. Matthew , and his commands of delating refractary Criminals to the Church , & 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 promised to give the keyes of the Kingdome of heaven , they who are Stewards 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 other ; they may de facto , and they may by a competent power , but if they be , it is persecution . That this Bishop or that , that Cyprian or Silvester , that Valerius or Augustine should be the man , is under the power of the Civil Magistrate ; but the man that is permitted to use the powers Christ put into his hand , can upon persons so disposed pronounce God's anathema and the Churches . Now the reason of the difference why the Bishop cannot doe this in the lesser excommunication , 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 annexed 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 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 notorious and great Criminals , here the Church is warranted by God to proceed 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 denying of communion to equals or superiors , and so is irregularity , and so is refusing to mention a name in our collects and publick or private prayers , and so is suspension and interdict , degradation and deposition : they are all of Ecclesiastical positive constitution , no part of the power of the Keyes , nothing of Divine authority ; but are introduc'd by the consent of Churches , and verified 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 humanum inventum 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 * . For it is a part of that intermedial monition which Christ hath in general commissionated his Ministers and guides of the Church to make . If an offendor will not mend by private , and by a more publick admonition , tell it to the Church ; 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 reprove , to correct , to doe what spiritual Fathers ought to doe : the particulars 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 submission will not amend and submit to the paternal rod & gentle correption . RULE IX . 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 . THis latter part of the Rule is evident and consented to by all . 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 God will not verify it ; and then it signifies nothing , but that the Governours Ecclesiastical have sinn'd . Ejiciunt oves qui contra justitiam de Ecclesia separant , saith S. Hierom , They that against right cast a man from the Church , they are ill shepherds , and drive the sheep from their folds where Christ loves to see them : and therefore Alexander the second 24. q. 1. c. Audivimus , sayes that : unjust excommunications are not to be slighted and neglected ; and Gerson sayes , it is honorable to the Church that such a Prelate should be resisted to his face . But this in case of injustice and manifest abuse : such are those excommunications in the Bulla coenae Domini , ●n which those persons who doe their duty , who doe not consent to the errors and abuses of the Church of Rome , who read good books that discover their horrible impieties , are excommunicated : it is Brutum fulmen ; it is harsh as the noise of peacocks , but does no more harm to them that are intended . But now in the other part of the Rule there is difficulty , and it is occasion'd by a discourse of S. Leo in his 93. Epistle ; 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 . ] By which words . S. Leo seems to say that he who for a trifling 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 heaven 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 communion , 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 . De facto 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. Leo , 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 . But whether this sentence so slightly inflicted doe really bind the soul before God , is a question which Origen 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 , Deus scit ; nos autem pronunciare non possumus , secundum quod scriptum est , Nolite judicare ] God onely knows , but we must not judge . But yet if it be his unhappy lot to fall into such a calamity , factum valet , fieri non debuit ; the ecclesiastical Ruler did very ill in it , yet the man is bound to the Church . Qui ergor in peccato levi correptus … non se emendat , nos quidem sic eum debemus habere quasi publicanum & ethnicum , abstinentes ab eo , ut confundatur , 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 . 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. But yet even such a man is bound externally : for this is the meaning of that famous saying of S. Gregory , Pastoris sententia etiam injusta timenda est , The sentence of a Bishop though it be unjust is to be fear'd ; 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 . 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 , because there is in this case reason and authority 〈◊〉 Ubi peccatum non est evidens , ejicere de Ecclesia neminem possumus , 〈◊〉 forte eradicantes zizania , eradicemus simul cum ipsis etiam triticum : So ●rigen . Unless the fact be evident , no man must be excommunicate , for else we may peradventure root up the wheat with the tares . But that 's not enough . 2. No man must be excommunicate but he that is peccator gravis & scandalosus , a grievous and a scandalous sinner ; so S. Gregory : and like to this is that of Aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 〈◊〉 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 Worms can . 2. decreed , Ut nullus Sacerdotum quenquam rect● fidei hominem pro parvis & levibus causis à communione suspendat : praeter e●s culpas pro quibus antiqui patres arceri jusserunt aliquid committentes . In the infliction of Censures the Church should follow the practice of the primitive Fathers , excommunicating no true believer but for some very grievous fault . 3. Neither is this sufficient of it self : a scandalous sin alone is not enough , for excommunication is the last remedie . Omnia prius tentanda quam bello experiendum ; 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 admonition , 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 ? Si non audierit ecclesiam , is the condition of using the keyes ; if he will not hear the Church : so it is in the Charter , if being publickly convict and reprov'd by the Bishop , 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 Chrysippus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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. Gregory in the place above cited . Spirituali gladio superbi & contumaces necantur dum de Ecclesia ejiciuntur , so . S. Cyprian , The proud and the contumacious are slain by the spiritual sword when they are thrown out of the Church . Inobediens truncatur , is S. Hierom's expression , He that is rebellious or disobedient to the discipline and correction of the Church , he is to be cut off . Now all these must be joyned together . 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 concernment , 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 infection 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 . 4. This caution Gerson instances in pecuniary matters . For ( saith he ) not ever contumacy against the orders of Courts Ecclesiastical is to be punish'd with this death . 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 contempt 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 excommunication 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 damnation immediate , in such things where there is no fecular interest , where there can be no dispute , where the offender does not sin by consequence and interpretation , but directly and without excuse . But let it be considered 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 Advocates ; 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 . 5. Spiritual censures must not be inflicted for temporal causes , in questions of right and secular concernment , for which the civil sword is sharp enough and proper . In the Church of Rome it hath been very usual to use excommunications for the discovery of thefts , or the manifestation of secret actions . Divers examples of which are in the Decretals and later Canons of the Church ; but not till the Church had been extremely 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 Gerson de vita spirit . anim . lect . 4. Corol. 7. & serm . in Concil . Rhemens . partit . 2. consid . 2. provis . 2. As as Corollary to these advices , I am to adde one thing that is of great use and consideration , and that is , That when a law is made that who ever shall commit such a fact shall be ipso facto 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 reprov'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 ipso facto 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 . If therefore it be inquired whether all such sentences in law which declare a man to be in certain cases ipso facto excommunicate be unlawful , the Arch-Bp . of Spalato , who is fierce against them , answers affirmatively and confidently , and disputes well against them : but his reasons are overvalued by him and are not demonstrative ; for they all rely upon this proposition , That no man can be tied to be executioner of any sentence against himself , which I have proved to be false * . * What then doe such sentences 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 ? Gerson 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 sentence without any further Judicial process ; which in other cases he cannot doe . But Gerson 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 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● is not true that Gerson'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 ; & yet he said well , that such sentences of excommunication 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 Spalato ; 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 admonition 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 ? Therefore all those laws which inflict the sentence of excommunication ipso facto are to be understood of the lesser excommunication , 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 desires to be good can have no peace of conscience . The like is to be said of those ancient Canons of Councils which for light causes impose and decree the sentence of excommunication . Thus the fourth Council of Carthage decrees him to be excommunicate qui sacerdote verbum faciente in Ecclesia egressus de auditorio fuerit , who shall goe out of the Church before the Sermon be ended . 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 . RULE X. It is not lawfull to communicate with those whom the Church hath by a just sentence excommunicated . THat is , 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 he be bound by the censure of the Church , then we also who are the relatives of that coercion are tied to doe our duty to the Church . To which purpose there is an excellent discourse in S. Cyprian , Wherefore ( saith he ) although there be some of our collegues that think it fit to neglect the Divine discipline , and doe rashly communicate with Basilides and Martialis , 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 . But this thing also the Apostle Paul 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 ( saith he ) they that doe such things are worthy of death . He manifests and proves that they are worthy of death and shall come to punishment , 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 because they are joyned in crimes , they are not separated in punishment . The Church having so good warrant from Scripture proceeded to 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 voluntarily refuse to enter into Churches , the Council of Antioch took notice of it , and forbad all such communions and assemblies and entercourses under the pain of excommunication . But this was decreed by the Canons commonly called Apostolical , Si quis cum excommunicato saltem i● domo simul oraverit , iste communione privetur , He that prayes with an excommunicate person so much as privately in a house , let him be depriv'd of the Communion . The same we find often in the Ancient Epistles of the Popes ; in the a second and in the b fourth Council of Carthage , in the first Council of c Toledo , and in the Synod at d Auxerre in France , in the first Council of e Bracara , in the Council of f Touraine , and the Council of g Verne . But this is to be understood with one caution , and to be reduc'd to practice by another . 1. Although the Church excommunicates the● 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 favourable 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. Cyprian 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 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 . And to this accords that of S. 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 involv'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 . 2. This rule is to be reduc'd to practice with this caution , 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 sentence of excommunication does not enjoyn a son not to help his aged Father , 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 necessities , 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 . For although the supreme power can forbid even an action that is of it self good and pious , 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 Commandement , the King and the Bishop singly or conjunctly have no power to forbid it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Antigona in Sophocles 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 Euripides , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . This law rules them that rule the world : and therefore the Greek Tragedy does rarely well call these laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because all men and all things are under their feet . It is , as Pindar calls it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a law that is the King of all things mortal and immortal . And therefore excommunications , though verified by the secular power , cannot forbid the necessary and dutifull entercourses of relations , or the issue of any duty commanded by a former obligation in the law of God. But if the Church will take her measures from the words of her commission , 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 heathens without sin , why also not with excommunicates , this precept notwithstanding ? I say , this precept notwithstanding , for it is more then an indulgence or a leave to use them so ; it is a commandement : the Rulers and stewards 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 verification , according to that of S. Austin , Si fratrem habes pro Ethnico & publicano , ligasti illum in terris ; si correxeris fratrem , solvisti illum in terris . 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 . But then if we enquire to how much and to what manner of usages it does oblige us , we shall be able to understand our duty best by considering that it is a proverbial expression , or a form of execration , to signify impious and prophane persons , of the vilest reproach . Just as in the Old Testament , of what Nation soever he was , yet a stranger from the Covenant of God was called an Aramite or a Syrian ; and when S. Paul said that S. Timothie's Father was a Greek , the Syriac interpreter calls him an Aramite : so here a heathen and a publican signifies a wicked and a reprobate person ; as we call cruel people Turks , and in the time of the holy warre all very vile and intolerably vitious or hated persons were called Saracens . Harlots and Publicans Christ joynes together ; so Publicans and Sinners the same with Heathens and Publicans . Meaning that all contumaciòus sinners , 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 . But it cannot be inferred from hence that the same usage which the Jews gave to Heathens and Publicans , we are tied to have towards excommunicates . 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 ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they would not eat , nor drink , nor trade , nor come to them . Non monstrare vias eadem nisi sacra colenti , Quaesitum ad fontem solos deducere verpos . 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 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 excommunicates as the proud Pharisees gave to Publicans and heathens : but the manner of speech was in use among the Jews to signify impious persons and great sinners , and so Excommunicates are to be accounted . That therefore which remains is , that the usage here intended is , that they should be separate from the communion of holy offices , from partaking in the mysteries of religion ; for that was the known use of the words of binding and loosing among the Jews , which Christ us'd in giving the Church a power of excommunication . To bind signifies to forbid , and to loose signifies to give admission and leave , according to that usual saying of the Jews , There was nothing bound by Ezekiel or by David but what was bound in the Law , 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 superadded 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 . 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 accounts , 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 reckon'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 ; hujus ergo desperanda salus ( as Cicero said of the like persons ) unlesse a new hope arise , we may despair of his salvation . One thing more I adde , 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 approbation 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 communications 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 tyranny and usurpation and illegal proceedings of Hildebrand against the Emperor Henry , 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 power directly to make laws in the matter of secular conversation : and if it be said , by consequence and legal presumption the Church concludes such persons 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 . But then on the other side , the sons of the Church must be with curiosity restrain'd in their communions with such excommunicates , whose conversation does with probability involve us in the guilt and participation of the principal crime : and this is especially to be observed in sins about Government , and in matters of persuasion , that is , in matters of heresy and schisme ; for their word eateth like a canker , that is , these crimes are infectious and scatter themselves into all that converse with them , or is very likely so to doe ; and therefore in these cases the subjects may be more restrained from entercourse with excommunicates , and it must be a greater necessity that must warrant it , then may passe and be allowed in other cases . This is all I find necessary to be considered in the matter of Ecclesiastical censures , in order to the regulating of conscience : which the Casuists in the Roman Church have handled in great volumes , and make it commonly the one half of all their inquiries and ministeries of Conscience . For all the questions and considerations concerning suspensions , irregularities , 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 uncertain and unknown , excommunications comminatory & 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 & Jews , and thousands of questions , cases , accidents , incidents , limitations of times appendant to all these , which make the peace of conscience to be as impossible 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 useful , and reasonable ; wise , but not perplext ; severe , but not insnaring . But those things which are introduc'd by humane authority and rely upon secular interests , the artifices of covetous or ambitious men , and are maintain'd by force and false or uncertain principles , they are fit for the forum contentiosum for Courts of strife , but not for the Court of Conscience , which is troubled by any thing that destroys peace as certainly as by that which destroys innocence . § III. Of CANONS Ecclesiastical . That which I am next to inquire of , is , concerning the more particular 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 matters 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 . 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 . THat the Canons which the Apostles made did oblige the Churches to whom they were fitted & directed is without all question , according to that of the Apostle , To this end also did I write , that I might know the proof of you , whether ye be obedient in all things . For whatsoever was their ordinary power , yet they had so much of extraordinary , had such special commissions 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 deriv'd , that their word ought to be a law to whom it was sent , and a precedent 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 . Thus we find that the Apostolical decree of abstaining from blood was observed by more Churches then those of Syria and Cilicia 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 ancient 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 reverence 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 . But because it is evident that the laws of order and government were fitted to times and places and present necessities , 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 Jerusalem instituted 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 therefore 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 their authority alone , but by their authority also who are judges of the reason of things , and can declare with obligation . But yet further , The orders which the Apostles gave to their Churches , though they be as good now as they were then , and have equal circumstances , 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 receiv'd in Commandement from Christ ; and when ever they said of any particular , This say I , not the Lord , they gave but an advice , or made a temporary order ; but when they said , This we have receiv'd from the Lord , 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 transient ; 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 France 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 agreeable to the manners and customes of those places . S. Paul 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. Paul gave in order to Timothy that a Bishop should not be a novice ; meaning in age , or in Christianity , or both : and yet S. Timothy himself was but a novice , being chosen Bishop at the age of XXV years , as the Ecclesiastical histories report ; and Theodosius chose Nectarius being but newly converted ; and the people chose S. Ambrose to be Bishop before he was baptiz'd , and the election was confirmed by Valentinian . Fabianus , Cyprian , Nicolaus , Severus , Tarasius , were all novices or new Christians when they were chosen Bishops ; and yet the Church made no scruple of that Canon of the Apostles , because to break it was more for the edification of the Church . And I remember that Cassander , 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 Apostolical Canon . * Thus also it happened in the Canon concerning the college of widows , Let not a widow be chosen under threescore years ; and yet Justinian 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 ; and S. Austin 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 * . Now if those Canons Apostolical which are recorded in Scripture , and concerning which we are sure that they had Apostolical authority , be without 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 , that the Canons of the Apostles for order and external measures of Government 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 present authority of every Church or Christian Kingdome which is supreme in its own dominion . But besides the reasonablenesse of the thing , we see it practis'd in all places without dispute or question ; that those things which are called Canons 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 5th 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 Rome they pay no first-fruits , and what they doe pay , the Bishops and Priests keep unto themselves . But this is nothing . The 6th 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 Rome , that for this very Canon's sake Baronius calls the collection apocryphal , and rejects them from being Apostolical . The 7th 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 Rome if it were receiv'd . And the 10th 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 Communion , calling them disturbers of the Church : now this at Rome would seem a strange thing . And yet all these are within that number of fifty which Baronius 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 Rome pretends to believe that the wednesday and friday fast were ordained by the Apostles ; and yet the wednesday fast is not observed 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. John 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 afterwards 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. John ; and it is observable that this was done upon the designes of peace and unity , not upon any pretence that S. John had never so given it in order to the Asian Churches . RULE XII . All those Rituals which were taught to the Church by the Apostles concerning ministeries , which were of Divine institution , doe oblige all Christendome to their observation . I Instance in the Holy Sacrament first of all : 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 Ecclesiastical 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 . Thus the Apostles taught the Bishops and Priests to consecrate the Symbols of bread and wine before they did communicate ; not onely because by Christs example we were taught to give thanks before we eat , but because the Apostles knew that the Symbols were consecrated to a mystery . 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 always , 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 institution , 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 : memory and obedience , not discourse and argument , are here in season . And in this we have an evident and apparent practice of the Church handed to us by all hands that touch these mysteries : as who please may see in a Justin Martyr , b Irenaeus , c Origen , d S. Cyril of Jerusalem , and of e Alexandria , f S. Basil , S. Gregory Nyssen de vita Moysi , g Optatus Milevitanus , h S. Chrysostom , i S. Ambrose , k S. Hierom , l S. Austin , m Theodoret , n Gregorius Emissenus , o Gregory the Great , p Damascen , q Remigius , r Paschasius and divers others , & 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 . But where the Apostles did not interpose , 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 variable 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 practise , 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 . And indeed that is the best signe that the Apostles gave no perpetual order in any instance , and that it is no part of the institution or the ministery of grace , when the Ancient Churches , who were zealous for the honour 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 unleavened 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 depositum , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the matters of liturgy 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 . Thus that the Bishop or Priest should be the onely Minister of consecration is an Apostolical Canon or Rule , ad quorum preces Christi corpus sanguisque conficitur , saith S. Hierom : 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 the will of God , and because this whole ministery is an act of grace and depends onely upon the will of God , we perceive 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 liberty , 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 oblig'd to doe it . And now in matters of salvation and common duty , the rule of the Church is , Scriptura loquens in Masculino procedit etiam in foeminino . There is no difference in sexes , and before God it is now as it shall be in the resurrection , There is neither male nor female with him , but all alike . That the Symbols were to be consecrated , and who were to consecrate , 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 obedience ; but when we goe beyond this and the plain & necessary & 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 certain : but whether mingled with water or not mingled , we are not determined 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 virgine salivâ , 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 . And the same is the case in Baptisme , in which that which was necessary 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 , Ego te baptizo , as the Latins doe , or Baptizetur servus Christi , as the Greeks doe , is indifferent : 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 . For , 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 ordinary 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 put a snare upon the Disciples , or tie fetters upon Christian liberty . 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 . Of the same nature is the distinction of Bishops from Presbyters , 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 , but it is to be concluded to be a law of Christ , which the Apostles did convey with an intent to oblige all Christendome ; not onely because the Apostles 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 a gift by the laying on of hands : 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 otherwise be continued . But then in the appendages and annexes of this , 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 Oeconomy of every Church . RULE XIII . In the Rules which the Apostles gave to their Churches in things indifferent , the Church hath a liberty ; 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 . THe reasons of this Rule are these two . First , because it is a great regard to the honour'd names of the Apostles , the pillars and foundations 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 excelled . 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 deriv'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 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 expect , 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 Apostles , 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 . The other reason is , because the Apostles even in things where they had no Divine Commandement , yet had the Spirit of God , * 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 . I shall give one instance in this particular , 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 . Of the Lent-fast , and the weekly fasting-days . The fast of Lent of all that are not pretends the most fairly to have been an Apostolical tradition ; and if it could prove so it would with much probability pretend to have been imposed with a perpetual obligation . Of the first we have many testimonies from the Ancient Fathers . So S. Hierom , Nos unam quadragesimam secundum traditionem Apostolorum toto anno , tempore nobis congruo jejunamus . So S. Leo , Quod ergo in omni tempore unumquemque convenit facere Christianum , id nunc sollicitius est & devotius exequendum , ut Apostolica institutio quadraginta dierum jejuniis impleatur . And again , A Sanctis Apostolis per doctrinam spiritus sancti majora sunt instituta jejunia , ut per commune consortium crucis Christi , nos etiam aliquid in eo quod propter nos gessit ageremus . To these agrees Isidorus Hispalensis , Quadragesima in universo orbe institutione Apostolicâ observatur circa confinium Dominicae passionis . To which Dorotheus a Greek Abbat does consent , save onely that he sayes more ; for he affirms that the Apostles did consecrate the seven quadragesimal weeks of fasting . So that here we have four Ancient Authors giving testimony that the Lent-fast was a tradition or an appointment Apostolical . Now if it came from the Apostles by way of precedent or authority , 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 fasting , which will never be out of season , and having always the same common cause , that is the precedent of Moses and Elias , 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 usefulnesse very great , and the thing pious and holy , and adde to these , all Churches 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 . And in pursuance of this we find some excellent persons in the Ancient Churches saying expressely that this institution is warranted to us from Christ. So S. Austin , The Caresme or Lent-fast hath an authority of a Fast both in the Old Testament from the fast of Moses and Elias , and out of the Gospel ( because so many dayes the Lord fasted ) demonstrating that the Gospel does not differ from the law : and again , By that number of fourty in which Moses and Elias and our Lord himself did fast , was signified unto us that we must abstain from secular delights . The same thing also is affirmed by S. Hierom , Moses and Elias in their forty days hunger were filled with the conversation of God : and our Lord himself fasted so many days in the wildernesse that he might leave to us the solemn days of fasting ; or , as he says in another place , haereditatem nobis jejunii derelinquens , ad esum corporis sui sub hoc numero animas nostras praeparat , leaving to us the inheritance of fasting , under this number he prepares our souls for the eating of his body . So Isidore , The first is the fast of Lent , which began from the fast of Moses and Helias and of our Blessed Lord , who fasted so many days . Now although these Fathers intend not to say that our Lord did command this fast , 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 : Non enim , Fratres , leve peccatum est indictā Quadragesimam à Domino non jejunare , & jejunia consecrata ventris voracitate dissolvere , &c. said the Author of the 25th sermon in the works of S. Ambrose . 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 indicted ? 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 . This Author whoever he was ( for it was not S. Ambrose ) 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 there be in Scripture but an authentic precedent and example of it . Thus when the Canon law affirms in 6. de censibus , cap. Quanquam , That the Churches & Church-men are free from secular exactions not onely by humane 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 Joseph to the Egyptian Priests , & of Artaxerxes to the Israelites . 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 authority 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 ensnaring . But of this that we may be rid at once , I will set down the judgement of S. Austin and of S. Chrysostom . 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 ? that 's entring in by the door , that 's the imitation of Christ that is requir'd of us . But S. Chrysostom says the same thing , and more pertinently and applied to this matter of fasting : 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 . 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 extraordinaries and external actions is the worst argument of the world , and it being expressely affirmed by S. Chrysostom that Christ did not in his fasting propound himself as imitable by us , we may now return to the first consideration and pretence , and inquire whether or no the fast of Lent was a tradition and Canon Apostolical : that is , not onely whether this did descend 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 . The Lent-fast is not a tradition or Canon Apostolical . This first appears in that we find it affirm'd often in Antiquity that the fasts of the Church were arbitrary and chosen , without necessity and imposition from any authority . Which thing was observed by Socrates , speaking of the Lent-fast . Because no man can shew in any record that there was a Commandement concerning this thing , 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 ( saith Prosper ) that we may not submit our souls to a necessity of fasting and abstaining , that we may not doe a voluntary thing by an involuntary devotion . But of this we have elder testimony : for when Tertullian scrap'd together all that he could to justify the Lents of Montanus , 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 Montanus his imposition , saying that the Catholic Bishops did injoyn fasts sometimes and ex aliqua sollicitudinis Ecclesiasticae causa , 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 Bridegroom was taken from them : but in these days they did sometimes live on bread and water , ut cuique videbatur , & haec ex arbitrio agentes & non ex imperio ; they did this not by any command , but by choice and as they pleas'd themselves : for so the Catholics did say and believe , sic & observasse Apostolos , nullum aliud imponentes jugum certorum , & in commune omnibus obeundorum jejuniorum , that the Apostles did fast as every Christian else did and ought to doe , ex arbitrio , pro temporibus & causis uniuscujusque , as every one had cause and opportunity and will ; but they impos'd no other yoke of certain , and for ever to be observed fasts . Laxus ac liber modus abstinendi Ponitur cunctis : neque nos severus Terror impellit : sua quemque cogit Velle potestas . Sufficit quicquid facias , vocato Numinis nutu prius , inchoare , Sive tu mensam renuas , cibumve Sumere tentes . So Prudentius , expressely affirming that even in his time there were no laws of set and annual fasts : for that very thing Victor Antiochenus makes to be a difference between the Old and New Testament ; for the faithfull in that time had fasting-days appointed by God , quae proinde modis omnibus explere obligabantur , etiamsi alias noluissent , which they were bound by all means to observe though against their will ; 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 . For quibus diebus jejunandum sit nullo Apostolorum praecepto definitum reperiri , said S. Austin ; what days we are to fast is no where to be found determin'd by any precept of the Apostles . 2. This also appears in that we find the original of the Quadragefimal or Lent-fast attributed to other causes and beginnings then the tradition or Canon Apostolical . Cassian sayes , that 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 universis 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 . 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. Chrysostom , who complaining of the diminution of the Primitive heats of piety , and their unworthy communicating , especially at Easter , addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. When the Fathers had observ'd the hurt that came from so carelesse conventions , they meeting together appointed forty days for fasting and prayer and hearing Sermons , and holy assemblies . S. Austin does not , as Cassian , impute it to the sanction of the Bishops , nor to a Council of the Fathers , as S. Chrysostom , but to the custome of the Church . Ut quadraginta illi dies ante Pascha observentur Ecclesiae consuetudo roboravit : Sic etiam ut octo dies Neophytorum distinguantur à caeteris , The custome of the Church hath established the observation of forty dayes before Easter , and the eight dayes after Easter for the Novices . 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 . In Irenaeus his time there was a custome of fasting about that time , for one or two dayes or more , but it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a simple and a private custome . But when it was made , it was onely for the imperfect , and the men of the world that spent their year in gathering money , and mispent their time ; they onely were intended in the constitution . This we have from S. Hierom , jejunia à viris prudentibus propter eos constituta fuisse qui magis saeculo vacant quam Deo , Some prudent men appointed the solemn fasts for their sakes who spent their time in the affaires of the world , more then in religion . And since it is consentingly affirmed 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 minister is wholly lost . It was therefore true which S. Hierom 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 religious , who every moneth or week observe the religion of Easter , and live in a state of perpetual preparation . Perfecti non tenentur lege jejunii , They that all the year liv'd strictly were not bound to the observation of Lent : so Cassian ; and from him * Isidorus Hispalensis and † Rabanus Maurus : and the same thing also was affirmed by S. * Chrysostom , from whom Cassian , who was his scholar , might receive it . 3. Some of the Ancient and Primitive writers affirm Pope Telesphorus to have been the first author of Lent-fast about the year 136. So Eusebius in his Chronicon affirms , Quadragesimale jejunium à Telesphoro per hoc tempus institutum ac praeceptum quidam scribunt , Some write that Telesphorus commanded the Quadragesimal fast . Scaliger believes this not to be the saying of Eusebius , as not being to be found in the Greek MS. copies : but however , till Scaliger's time it was in the middle ages of the Latin Church and so downwards believed ; and it was affirmed expressely by * Rabanus Maurus and † Rupertus . 4. The Thing and the Name was unknown in the Church in the first three Ages . This is very apparent in Tertullian , who making his apology for the fasting-dayes of Montanus , sayes they are no such great matter that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the spiritual men ( so he calls the Catholics ) should complain of them as of so intolerable yoke upon the Disciples . It was but ten dayes in all ; two weeks , abating Saturdays and Sundays : and Sozomen 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 unreasonable to complain of the ten dayes of Montanus ; 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 before ) Tertullian would fain have drawn some warranty and countenance , he sayes that the Apostles did not quite extinguish all difference of dayes ; 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 [ good Friday or ] the preparation-day ? and why the Saturday fast ? though indeed this ye never fast but at Easter . Here is all the solennities both of feastings and fastings which the Church then had : and therefore it is easy without much diligence 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 69th Canon Apostolical , which commands the observation of Lent to a Clergy-man under pain of deposition , to a lay-man under excommunication . But the imposture of these Canons , especially of the last 36 , amongst which this is one , are abundantly acknowledged by men of all persuasions . And so is that of S. Ignatius to the Philippians , Despise not the Lent , for it contains an imitation of the conversation of our Lord. But of this Epistle the Ancients make no mention , and that it is supposititious is very fully proved by the learned and most Reverend Primate of Ardmagh , and it is so notorious as nothing can be more ; for the author of this Epistle condemns that which S. Ignatius and his neighbour-Churches did , and calls him a companion of them that killed Christ , that keeps Easter after the manner of the Jews . But of this enough . But as to the thing ; If the Lent fast were of Apostolical institution , it were strange there should be no mention of it in the certain writings of the three first ages ; not a word of it in Justin Martyr or S. Irenaeus , in Tertullian or Clemens Alexandrinus , in Clemens Romanus his genuine Epistle to the Corinthians , nor in S. Cyprian . There is indeed a little shred taken out of Origen's tenth homily on Leviticus [ Habemus enim quadragesimae dies jejuniis consecratos ] we have the dayes of Lent design'd for fasting . But concerning this I can onely say that the homilies were supposed to be S. Cyril'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 , sayes Bellarmine : 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 deriv'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 Apollonius accus'd Montanus for it , he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he taught the solutions of marriage , and made a law for fasting-dayes . 5. 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 appointed . 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 dissemination and prevailing of Christianity , but it was without a Divine command , or an Apostolical Canon , if we may believe Socrates . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . For the Apostles did not trouble themselves about making laws for feasts , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but to introduce piety and a good life . The rest was permitted to the good will of the Churches , who being sensible of the great benefits of Christs passion and resurrection , would quickly introduce a custome of such a pious gratitude : and Nicephorus 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. Paul sayes , Christ sent him not to baptize , but to preach the Gospel ; that is , though to baptize was a holy office , yet he was to attend something 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 purposes , 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 conjecture ( for it is no more ) I suppose Socrates by Pascha 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 appointed by Christ and his Apostles , but left to the piety and gratitude of the Church . The reasons of my conjecture are these . 1. Because Socrates calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; the memorial of Christs passion ; which the Easter Sunday was not , but of the resurrection . 2. Because we find the word Pascha us'd by the Ancient Fathers in the same sense ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said Timotheus Alexandrinus , to fast on the Pasch : so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , S. Clement calls the good-friday fast , the Paschal fast , meaning that then began the Jewish passeover , and then Christ our Passeover was offered for us . So Tertullian , Sic & die Paschae , quo communis & quasi publica jejunii religio est , merito deponimus osculum , &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 in use , though not commanded , in the Apostles time , therefore because they kept the memorial of the resurrection the first day in every week ; and therefore Socrates could not in all likelyhood mean that day , but the Pascha passionis , the Paschal passion , not the Paschal resurrection . And then upon this account , though this fifth argument will not prevail , it is because we need it not ; for whatever destroys the premisses in this case , does establish the Conclusion . For if by Pascha 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 . 6. If any man should say that Kings are all created , as Adam was , in full stature and manhood by God himself immediately , he could best be confuted 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 & 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 & state we now see it , is perfectly confuted by the testimony of those ages that saw it's infancy & childhood , & help'd to nurse it up to it's present bulk . For it is not to be denied but that from the very first ages of the Christian Church of which we have any records , it was with sacrednesse and religion observed that before the feast of Easter they should fast . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 S. Clement calls it ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so the Council of Gangra about the time of the Nicene Council , the fasts which were delivered in common , and observed by the Church ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the appointed fasts , so Constantine call'd them . But this Paschal fast was nothing like ours , it was not our Quadragesimal ; 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 liberty of Christians . They did all that reason , and all that love would require : 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 foregoing testimonies , is expressely affirmed by Theodoret , who blaming the heretics that abstain'd from flesh and wine as being abominable . Ecclesia vero ( saith he ) de his nihil praecipit : neque enim horum usum interdicit . Ideo alii quidem permissis voluptatibus securi fruuntur , alii verò abstinent : & nemo qui rectè sapiat condemnat eum qui comedit ; nam & abstinentia & participatio sunt in mentis potestate . 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 abstinence from flesh in Lent , it had not been truly said of Theodoret , Ecclesia de his nihil praecipit ; 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 Irenaeus mention'd by Eusebius is a great testimony : for there had been an unlucky difference between the Western and Eastern Churches about their keeping of Easter , and Pope Victor was transported into heats upon the question , and received from S. Irenaeus this sober advertisement , 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 . Here was the Paschal fast observ'd by all men , but with great variety and a proportionate liberty . The cause of the variety was this , which was also the ground of their practice . They thought that the words of Christ , [ when the bridegroom shall be taken from them , in those days shall they fast ] were to be meant of the interval of Christs death and burial , as we learn from Tertullian . 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 absent so long ; and therefore reckon'd their fast to 40 hours , beginning from the ninth hour on good-Friday , & eating nothing till the morning of Easter day : and this was the most severe and the most prevailing amongst them ; and this is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Moses and Elias 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 Paschal fast ; as Tertullian expressely affirms , illos dies jejuniis determinatos putasse in quibus ablatus est sponsus , & 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 ( as they thought ) but onely those in which the Bridegroom was taken from them . But S. Irenaeus said that some fast one day , some two , and others more . Some kept the whole six days of the Passion week ; we find mention made of it in Dionysius Alexandrinus about the 255th year of Christ , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the six days of fasting ; but he affirms that all doe not equally observe them . For some fast all the six days , some two , some three , some four , some none . But by Epiphanius his time the fast had possess'd the whole six days almost every where , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , All the people spend the six days of the Pasch , or before Easter , in dry diet : but by this time the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Quadragesima had prevail'd , and was us'd to signify the Paschal fast . The word was us'd in the Council of Nice , which commanded two Synods every year to be held in the Provinces , and the first of them to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Quadragesimal fast . But this did not signify the fast of forty days , for that was not yet brought into the Church . But first the matter is clear that the word Quadragesima is often us'd in antiquity and by other good Authors to signify a set time of fast , but plainly lesse then forty days . S. Hierom sayes that the Montanists doe make tres in anno quadragesimas , three Lents ; 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 Tertullian plainly affirms , 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 Amalarius , they kept tres quadragesimas , three quadragesimal fasts ; and yet that before Midsummer and that before Christmas were much shorter then forty days . The same word is several times used by a Rabanus Maurus and b Durandus . But that the use of the word may be no prejudice to the right understanding of the thing , we find the thing noted by c Socrates and wondred at exceedingly , that since there was so great difference in the number of days , yet all alike called it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the quadragesimal fast . The same also we find in d Sozomen , 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 Quadragesima : and the same also we find in Nicephorus , who ( I suppose ) transcrib'd it from them : and in Cassian's time , when the Lent-fast came up to the number of 36 days , yet he still calls it the Quadragesima or the 40 days fast : and it is no wonder , if Rigaltius say true , that all the set and stationary fasts of the Primitive Christians were called Quadragesimals . But the first use of the word is in the Nicene Council ; unlesse the words of Origen be allowed to be good record : but yet both in Origen , and in the Nicene 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 Laodicea * , which mentions more weeks then one in the Lent , commanding to fast also upon the Thursday of the last week in Lent. For by this time it was come to three weeks , in some places more , and in some lesse , as appears in Socrates , Sozomen , Cassian and Nicephorus above quoted . But for the reason of the word Quadragesima there are various conjectures . Cassian says it is an imitation of Christs fast of forty days , 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 Rigaltius 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 , nailing the hand-writing of ordinances to his Crosse , consecrate a fast to the memorial of this great work of redemption for us ; [ ut obliteratis Judaeorum Sabbatis jejunia sua Christiani , quae Domino suo tantula pro tantis offerrent , de jejunii Dominici 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 . 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 Irenaeus in Eusebius , 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 quadragesimal 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 . But afterwards the number of weeks increas'd : it came in some places to six and seven weeks ; so Cassian . But it was diverso more , 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. Gregory , that 42 days were the appointment of Lent , 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 . For in Rome about the year 437 they fasted but three weeks before Easter , [ and out of them they excepted Saturdays and Sundays * . ] But in Illyricum , in Greece & 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 . So * Socrates . And S. Chrysostom sayes it was the custome against Easter to ask every one how many weeks he had fasted ; and you should hear some answering two , some three , some all . For at Constantinople the Lent was longest : It was of seven weeks there and all up unto Phoenicia , as Sozomen and Nicephorus report : but all this while with liberty , by custome , and without a law . S. Austin tells that in some places they would not fast the Thursdays in Lent : indeed the Council of Laodicea 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. Clement might prevail as far , Jejunium quintae hypocritarum est . But at Rome this was then observed , they did not fast on Thursdays , nor yet on Tuesdays , or they might chuse : so we find in S. Leo exhorting them to the Monday , Wednesday , 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 zealous made up their Lent to be eight weeks , and began it on Sexagesima Sunday , but at last it setled upon Ash-wednesday , and hath endur'd so to this day in many of the Western Churches . Now if all this be not sufficient to prove that the forty days fast of Lent was not a Canon or institution Apostolical , 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 variety , it is certain that if they did so still , there would be no diminution to religion . For the use of it being wholly for preparation to the Easter communion , 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 advantage 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 . That which remains is this , that we consider that it is and ought to be no prejudice to this liberty , that S. Hierom calls Lent an Apostolical tradition . 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 a tradition Apostolical . It is no wrong to S. Hierom if we 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 Lucinus he sayes , Unaquaeque provincia abundet in sensu suo , & praecepta majorum leges Apostolicas arbitretur , Let every Province abound in their own sense , and suppose the precepts of their Ancestors to be Apostolical laws . 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. Austin . The Christians , not that the meats are unclean , but for mortification , doe abstain from flesh and fruits ; some few always , or else at certain times : 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 . He that desires to see more particulars concerning the history , the original , the variety and increase of Lent , may , if he please , read them in Cassian , in Amalarius , Alcuinus & Rabanus of old , and of late , in Durandus , in Hugo Menardus a Benedictine his notes in Gregor . Sacramentarium , in Petavius his notes upon Epiphanius , Rigaltius upon Scaliger's admirable animadversions upon Eusebius , in that excellent Epistle of Erasmus to the Bishop of Basil de interdicto esu carnium , in Delaunoy , Filescac and Daille * . Out of these any man may satisfy his curiosity ; I have endeavour'd onely to satisfy the Conscience . Concerning the weekly fasts of Friday and Saturday , the former of them is of great antiquity in the Church , as being in use in Tertullian's time , and without variety alwayes observed after it once began . We find the Wednesday and Friday fast mentioned by Clemens Alexandrinus , and the Wednesday station is equally in Tertullian . 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 Saturday , 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 consequence of the former discourse concerning Lent ; the Apostles having made no laws concerning fasting-days , as I have made apparent . * The Rogation fast ( all the world knows ) was instituted by Mammercus Bishop of Vienna : 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 Calixtus , which is pretended to have been written about the year 221 , and which is abundantly detected of forgery by many persons , but especially by Mr Tertullian'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. Hierom 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 , but ut cuique videbatur , haec ex arbitrio agentes , non ex imperio , as every man saw cause , doing these things by choice and not by command . The result of this discourse is this , 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 . 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 . A General Council is nothing but the union of all the Ecclesiastical power in the world . The authority of a General Council in matters of Government and Discipline is no greater , no more obligatory then the authority 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 Bishops , 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 consultation which is suppos'd to be there , but the whole power of obligation 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 , & therefore they who have not consented , are free as ever . The Council of Florence , so called because , though it was begun at Ferrara , yet it was ended there , Pope Clement 7th calls the eighth General Council in his Bull of April 22th 1527. yet others call it the 16th : but it was never receiv'd in France , as Panormitan * tells us : for the King of France did forbid expressely and upon great penalties that any of his subjects should goe to Ferrara to celebrate that Council ; and after it had been celebrated , and Charles the 7th was desir'd by Pope Eugenius to accept it , he told the Legates plainly , that he had never taken it for a Council , and he never would . The Council of Basil , though the King of France 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 the first two and thirty ; 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 , saith Benedict a French lawyer . And upon the like accounts the last Council of Lateran is there rejected also . Thus in England we accept not of the Council of Trent , 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 England , 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 . But I have already spoken sufficiently of this thing * . 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 Consciences 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 jurisdictions 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 liberty till we be restrained , but we may also chuse ; for then we are to inquire whether the thing be a law in that Government to which we owe obedience : for that the Fathers met at Laodicea , At Antioch , at Nice , at Gangra , a thousand , 1100 or 1300 years agoe , should have authority over us in England so many ages after , is so infinitely unreasonable , that none but the fearfull and the unbelievers , the scrupulous and those who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of a slavish nature , 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 Constantine . RULE XV. The laudable Customes of the Catholick Church which are in present observation doe oblige the Conscience of all Christians . THis we have from S. Paul , who reproves the contumacy and regardlesse comport of those who , against the usages of Christians and the places where they liv'd , would wear long hair : We have no such custome , not the Churches of God. In such cases where there is no law , the manners of Christians introduce a law so far , that we cannot recede from it without 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. Austin gave his advice to the same purpose , 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 . * 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 . But this is first to be understood in such Customes as are laudable , 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 England , 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 , factum valet , fieri non debuit ; and evil ought not to be done for a good end . Quod si à mulieribus baptizari oporteret , profecto Christus à Matre baptizatus esset , & 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 & rei decorum nosset , tanquam naturae author & legislator , said the Author of the Constitutions under the name of S. Clement . If women might be suffer'd to baptize , Christ need not have gone to S. John , 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 . To this agrees that of Tertullian , Non permittitur mulieri in Ecclesia loqui , sed nec docere , nec tingere , nec offerre , nec ullius virilis muneris nedum sacerdotalis officii sortem sibi vendicare , 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. * This custome therefore is of the nature of those which are to be laid aside . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , No man baptizes but he that is in holy Orders , said Simeon of Thessalonica ; 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 voluntas fertur carere oculis , intellectus pedibus , the will hath no eyes , & the understanding hath no feet ; 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 , and that there is nothing else to be said for it ; and therefore it was a weaknesse in Salmeron to offer to persuade us to entertain the doctrine and practice of Indulgences , Purgatory , Invocation of Saints , Images and the like , because they are customes of the Church , meaning his own . 2. This is to be understood also of the Customes of the Catholick Church . For if the Churches differ , it is indifferent to take either or neither as it may happen . Clemens Alexandrinus said it was a wickednesse to pull the beard , because it is our natural , it is a generous and an ingenuous ornament : and yet Gregory the 7th , Bishop of Rome , made Arch-Bishop James shave his beard close , pretending that it had been always a custome in the Western Churches ; Consuetudini sanctae obedire coegimus , We have constrained him to obey the holy custome . In such cases where several Churches have several usages , every Church is to follow her own custome , and every of her subjects to obey it . 3. Though every subject is tied to the custome of his own Church , 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. Ambrose , Quando hic sum , non jejuno Sabbato ; quando Romae sum , jejuno Sabbato : & ad quamcunque Ecclesiam veneritis , ejus morem servate , si pati scandalum non vultis aut facere , When I am at Millain I doe not fast on the Saturday , when I am at Rome I doe : and to whatsoever Church you shall come , keep the custome of that Church , if ye will neither give nor receive offence . And these words S. Austin made use of to this very purpose , 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 . The best way is to doe as that Church does where you happen to be . And in the same instance S. Hierom gave answer to Lucinus , servandam esse propriae Ecclesiae consuetudinem , The custome of the place of our own Church is to be observed . And therefore at Millain it is counted a violation of their rights when the Roman Priests come into the Ambrosian Churches , and refuse to use the Missal of S. Ambrose , but use the Roman . It is a custome in the Church of England to uncover the head or to bow the knee when the name of Jesus is named : the custome is not onely innocent but pious , and agreeable to the duty of every Christian , 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 England 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 specification 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 . 4. It is requir'd that the custome be of present observation , 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 England : and although 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 & upheld , & is no evil . But if the custome be left in a Church , that it was a Catholic custome & of long use in the Church is of no obligation to the Conscience . Socrates tells that omnes ubique in orbe terrarum Ecclesiae , all the Churches in the world , every week upon Saturday celebrate the mysteries . Alexandrini tamen & Romani ex antiqua traditione istud facere renuunt . But the Churches of Alexandria & Rome refuse to doe so , because they have an ancient tradition to the contrary . And in this they had their liberty . It was a long & 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 England 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 baptiz'd , except it were in cases of necessity or great danger : but we have no such custome now ; nor the Churches of God ; 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 . 5. An Ecclesiastical custome against an Ecclesiastical law does not oblige the Conscience . 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 , Mores leges perduxerunt jam in potestatem suam , Customes give 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. So the Presidents of Sena 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 * . 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 : quia lex derogat consuetudini , 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 repented of . In the Church of England 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 sprinkling 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 prevail 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 . 6. An Ecclesiastical custome must be reasonable or usefull , or it cannot 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 excepting 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 Canon 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 . Doctores portant varium , quia habitus virum ostendit , saith the law , l. stigmata , C. de fabri . And that Priest were a strange peevish or a weak person who should chuse to wear gray , because there is no religion in the colour : 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 belongs . For it is considerable , what the wiser Lawyers say , 1. That a custome is good if it contains bonum honestum , any honesty or matter of publick reputation . 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 bonum commune , 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 endearment 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 & 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 . 3. Baldus sayes , Bona est consuetudo quae continet bonum honorabile , 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 Churches ; 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 . Thus the Ministers of religion when they officiate are by an immemorial custome vested in ables or surplices : 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 alternately 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 Solomon , when he was cloth'd in the purest linen of Egypt , 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 Solomon , at least were given to the Religious as ensignes of honour : the same which the Epigram says of the purple Mantle which was stoln from Crispinus , Quisquis habes , humeris sua munera redde precamur : Non hoc Crispinus te , sed abolla rogat . Non quicunque capit saturatas murice vestes : Nec nisi deliciis convenit iste color . 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 * signification and embleme of a precept : It signified purity and truth , which in Philostratus in the image of Amphiaraus is said to be clothed with garments of snow , and cover'd with the purest whitenesse ; and a Clemens Alexandrinus writes that Caeus the Sophister in the description of vertue and vice , describ'd vertue in a white robe ; and so does b Themistius invest truth , sitting upon an adamant , holding a bright splendor in her hand , and clothed with an albe . Concerning this S. Clement of Alexandria * 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 , & therefore not to be valued in such a quality : but yet neither is the custome of that colour to be despis'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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 white garments , and they were dipt in the bloud of the Lamb : and S. Anthony to represent himself a Christian did goe in white , as S. Athanasius tells of him . † Eunapius tells that the Monks in Egypt 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 Baronius : & 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 , the embleme of purity ; and Synesius writing to one John the Monk that chose to goe in a black coat , writes that which is enough to be said in this whole affaire , 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 purity , 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 , and for the cause of piety . Colorem album Deo maximè decorum , said Cicero , quòd sit index puritatis & nitelae , omnemque fucum excludat veritate nativâ contentus , The white garment is most comely for religion , as being content with it's native simplicity , and an indication of brightnesse and purity . Upon this account it is a custome of clothing the bodies of dead in white ; for they that are dead are justified from sins , 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 . 7. A custome whose reason is not known , yet if it be of an immemorial 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 England that certain rights be paid to the Rector of the Church if the corps be interred in the Chancel : and though in some places this did run into great abuse , which was excellently reprov'd by that learned and good man Sir Henry Spelman 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in his learned and pious Tract de Sepultura ; 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 . Consuetudo cujus initii memoria non sit in contrarium praesumitur rationabilis , say Geminianus , Cardinal Alexander and Panormitan ; 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 ▪ there was a reason ; & 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 understood 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 contracted 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 detained by the heire . Here in Ireland 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. 8. A Custome Ecclesiastical that is but of a legal and presum'd reasonableness does oblige us to a conformity . 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 , hoc ipso quod introducta est , say the Doctors , therefore because it is introduc'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. Austin , Illa quae non scripta sed tradita custodimus , quae quidem toto terrarum orbe observantur , dantur intelligi vel ab ipsis Apostolis , vel plenariis Conciliis , quorum est in Ecclesia saluberrima authoritas , commendata atque statuta retineri , Those things which are delivered to us not by writing , but by tradition [ or custome ] which are observed in all the world , we understand 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 . ] That is , when the custome is universal and immemorial . For the first we presume it to be very reasonable , it could not else have easily prevail'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 regard 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 England were not of an immemorial beginning ; for they were first us'd by the Bishops of Vienna , Mamertus , Isicius and Avitus ; but yet they were quickly universal , non per Gallias tantummodo , sed penè per totum orbem , not onely in France , but in almost all the world , said Alcimus Avitus 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 presumption of its reasonableness . * 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 presum'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 presidencies and priorities of place , sittings in the quire , precedencies in Councils . 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 . Capit. Consuetudo 1. dist . & l. de quibus , ff . de legibus . And it is remarkable , that although in the introducing 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 . Praestat illic esse ubi nihil licet quam ubi omnia , 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 . Perniciosior temeritas quam quies . 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 . Genus hominum potentibus infidum , sperantibus fallax ; as Tacitus said of the Astrologers , 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 Superiors : for to difavow Customes is a great dishonour to the Government , and a reproach to the ministery of laws ; and to their disciples they preach liberty , that themselves onely may rule them absolutely . Quanto majore libertatis imagine teguntur , tanto eruptura ad infensius servitium ; Tacitus 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 . 9. A Custome in the administration of a Sacrament introduc'd against the analogy and mystery , the purpose and signification of it , ought not to be complied with . I instanc'd before in a Custome of the Church of England of sprinkling water upon infants in their baptisme ; and I promised to consider it again . Baptizabant enim veteres , non manibus suis aquam baptizando aspergentes , sed trinâ immersione hoc Evangelii sequentes , Ascendit ex aqua , ergo descenderat . Ecce immersio , non aspersio ; said Jeremy the Patriarch of CP . Straightway Jesus went up out of the water , saith the Gospel : He came up , therefore he went down . Behold an immersion , not an aspersion . And the Ancient Churches following this of the Gospel , did not in their baptismes sprinkle water with their hands , but immerg'd the Catechu●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 places , particularly in the 11th Mystagogic Catechisme of S. Cyril of Jerusalem : and S. Dyonis * describes the ritual in the same manner . 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●sts him of his garments by the Ministers . And the same thing out of the same Author is observed by Elias Cretensis in his notes upon the fourth Oration of S. Gregory Nazianzen , and is reported also by S. Ambrose in his tenth Sermon . Nudi in seculo nascimur , nudi etiam accedimus ad lavacrum , We are born naked , and naked we enter into the waters of baptisme . 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 example 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 Epistle of Cornelius to Fabius of Antioch , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is not lawful that he who was sprinkled in his bed by reason of sickness should be admitted into holy orders . 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 Cornelius in Eusebius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which Nicephorus thus renders [ if at least such a sprinkling may be called baptisme : ] and this was not onely spoken in diminution of Novatus and indignation against his person , for it was a formal and a solemn question made by Magnus to S. Cyprian , an habendi sint Christiani legitimi , eo quod aquâ salutari non loti sunt , sed perfusi , Whether they are to be esteemed right Christians who were onely sprinkled with water , and not washed or dipped . He answers , that the Baptisme was good when it is done necessitate cogente , & Deo indulgentiam suam largiente , in the case of necessity , God pardoning and necessity compelling . And this is the sense and law of the Church of England ; 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 some little use in the Primitive Church . Quis enim tibi tam infidae poenitentiae viro asperginem unam cujuslibet aquae commodabit ? saies Tertullian speaking to an impenitent person : Who will afford thee so much as one single sprinkling of water ? ( meaning ) for his baptism . And Surius in the life of S. Laurence tells that as he was going to his Martyrdome , one Romanus a souldier 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 . Fudit aquam super caput ejus : so did S. Laurence also to Lucillus , he powred water upon his head . And Walafridus Strabo 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 Aquinas supposes the Apostles did so when the 3000 and when the 5000 were at once converted 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 England does not want some good examples in the best times to countenance that permission , yet we are to follow her command , because that command is not onely according to the meaning and intent of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Commandement , but agrees with the mystery of the Sacrament it self ; For we are buried with him in baptisme , saith the Apostle . In aqua tanquam in sepulchro caput immergentibus vetus homo sepelitur & submergitur , deinde nobis emergētibus nouns resurgit inde : so S. Chrysostom , 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 sufficient to justify a liberty in a ritual and ceremony ; that is , a case of necessity . And of the same consideration is it , that the baptisme be performed with a trine immersion , and not with one onely . In England we have a custome of sprinkling , and that but once . To the sprinkling I have already spoke ; but as to the number , though the Church of England hath made no law , and therefore the custome of doing it once is the more indifferent and at liberty , yet if the trine immersion be agreeable to the analogy 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 . Nam nec semel , sed ter ad singula nomina in personas singulas tingimur , saith Tertullian : Dehinc ter mergitamur , 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. Hierom against the Luciferians . But more largely it is explicated by S. Ambrose . Thou wert asked , 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 or 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 . S. Denis says that the trine immersion signifies the Divine essence and beatitude of God in a Trinity of Persons . S. Athanasius says it signifies the death , burial , and resurrection of our Blessed Saviour , together with his being three dayes in the grave . And this thing was so the practice and custome of the Church , that in the Canons of the Apostles * ( as they are called ) he that does not use trine immersion is to be deposed from his dignity . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is impious and ungodly to immerge but once in baptisme ; so Zonaras upon that Canon : and S. Chrysostome derives it from Christs institution , 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 delivered one baptisme to his Disciples in three immersions or dippings : and therefore says , that though this descended by tradition , yet it hath the authority of a law . And the same thing we find affirmed by Pope Pelagius , as he is cited by Gratian de consecrat . dist . 4. And Theodoret speaking of the heretic Eunomius , who first of all without authority and against reason did use but single immersion , he says that he subverted the rite of holy baptisme which at first was delivered by our Lord and his Apostles . Now in these particulars it is evident that the Ancient Churches did otherwise then we doe : 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 never 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 dipping , 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 Aquinas and Dominicus à Soto ; and because it is not certain that the best representation and the most expressive ceremony is requir'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 mystery 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 obligation 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 . But if the custome of single immersion should by some new-arising necessity become reasonable , then it not onely might be retained , but ought to be complied with . Thus it hapned in Spain in the year DC , the Arrian Bishops finding their advantage in the readily-prepared custome of trine immersion , used it and expounded it to signify the substantial difference of the Son and the Holy Ghost from the Father . Upon this Leander the Bishop of Sevil gives advice and notice to S. Gregory Bishop of Rome ; who commends Leander for using a single immersion , which he did to signify the Unity of nature in the Divinity , & that he might not comply with the Arrians : and this was afterwards brought into custome , and then into a law by the fourth Council of Toledo . 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 . RULE XVI . The Decrees and Canons of the Bishops of Rome oblige the conscience of none but his own subjects . THis must needs follow from divers of the former discourses : for if Bishops in their spiritual capacity have no power of making laws of external 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 immediately 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 . But in this there will be the lesse need of inquiry , for since the Bishop of Rome by arts which all the world knows had raised an intolerable Empire , 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 Trent , when in the 25th Session the Fathers confirmed and commanded the observation of all Canons , General Councils , Apostolical ordinances made in favour of Ecclesiastical 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 commanded every man to beare a steeple upon his back . For first there were an infinite number of Apostolical ordinances , saith Cardinal Cusanus , which were never received even when they were made . Then let it be considered what there is to be done to Gratian's decretum , which is made part of the Popes law : and who knows in that Concordantia discordantiarum , that contradictory heap of sayings , which shall , and which shall not oblige the Conscience ? But then the Decretals of Gregory the 9th and of Boniface the 8th , the Clementines and Extravagants , all those laws in that book which is called Collectio diversarum constitutionum & literarum Romanorum Pontificum , and in another called Epistolae decretales Summorum Pontificum in three volumes , and in another called Eclogae Bullarum & motuum propriorum , and in another called Summa Pontificum , and in the seventh book of the Decretals not long since composed , and in their Rules of Chancery , 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 , 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 government 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 . But of these things the world hath been long full of complaint ; as appears in the writings of the a Cardinal of Cusa , in b Marsilius of Padua , c in Aventinus , in d Albericus Rosate , in e Gregory Hambourg , in f Matthew of Paris , g Matthew of Westminster , h Nicolaus de Clemangiis , i Franciscus Duarenus , k the Cardinal of Cambray , and many others both collected by Goldastus , and the Catalogus testium veritatis by Illyricus . Insomuch that if the people had not been ignorant and superstitious , qui facilius vatibus quam Ducibus parent suis , and more willing to obey their Priests then their Princes , and if the Princes had not been by such means over-powered , these Decrees 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 Cusanus 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 . And it is no trifling consideration , that the body of the Canon law was made by the worst and the most ambitious Popes . Alexander the third , who made Gratian's decree to become law , was a schismatical Pope , an Antipope , and unduly elected : The rest were Gregory the ninth , Boniface the eighth , Clement the fifth , John the 22 , persons bloudy and ambitious , traitors 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 violence and warre , not of a just and peaceable authority . But to come nearer to the point of Conscience ; who made the Bishop of Rome 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 . Ad Trinitatis instar , cujus una est atque individua potestas , unum est per diversos Antistites sacerdotium , said Pope Symmachus . As is the power of the holy Trinity , one and undivided ; so is the Episcopacy , divided amongst all the Bishops , but th● power is the same . So S. 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 . And again , Let no man deceive the Brotherhood with a lie , let no man corrupt the truth of faith with a perfidious praevarication : 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 . Now if one were the universal Bishop over all , then these zealous words of S. Cyprian 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 Damasus , writing to the African Bishops to require their aide in a matter of discipline , Nos excusare non possumus , si ejus Ecclesiam quae nobis generaliter commissa est in quantū praevalemus puram à tam illicitis superstitionibus non custodiamus , quia non aliter unus grex & unus Pastor sumus , nisi quemadmodum Apostolus docet , id ipsum dicamus omnes , &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 ] that is , consenting and joyning in the common government . This is the same which S. Hierom affirm'd , Omnis Episcopus , sive Romae fuerit , sive Eugubii , sive Constantinopoli , sive Rhegii , sive Alexandriae , sive Tanais , ejusdem est meriti , ejusdem sacerd●tii : It is all one , there is no difference in worthiness and power , whether he be Bishop of Rome or Eugubium , Constantinople or Rhegium , Tanais or Alexandria . For as it was with the Apostles , so with their successors ; Hoc utique erant caeteri Apostoli quod erat Petrus , pari consortio praediti & honoris & potestatis , What Peter 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 . Caput enim Ecclesiae Christus est , Christi autem Vicarii Sacerdotes sunt , qui vice Christi legatione funguntur in Ecclesia , said Pope Hormisda : and S. Cyprian calls the Bishop , unum ad tempus vice Christi Judicem , the Deputy and vicegerent of Christ. S. Peter had the Keyes given him , so had the Apostles , and so have their Successors ; S. Peter was the pillar of the Church , and so were the other Apostles ; He was a foundation , and so were they ; for Christ hath built his Church upon the foundation of the Apostles and Prophets . He was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and every one of them was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a rock , and Christ was the Corner-stone . And what they were in their perpetual office , that the Bishops are . Antistitem puriorem caeteris esse oportet , ipsius enim [ Christi ] personam habere videtur , est enim vicarius ejus , ut quod caeteris licet , illi non liceat , quia necesse habet quotidie Christi vicem agere , said S. 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 . 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 Peter onely , many Apostolical Churches which were established by others being succeeded in as well as Rome ; that these things are evident in matter of fact , and universally affirmed in antiquity clearly and without dispute . From hence it must needs follow that by the law of Christ one Bishop is not superior to another . Concerning which I need no other testimony then that excellent saying of S. Cyprian in the Council of Carthage , It remains ( saith he ) 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 Episcoporum constituit , aut tyannico terrore ad obsequendi necessitatem collegas suos adegit ; quando habeat omnis Episcopus pro licentia libertatis & potestatis suae arbitrium proprium , tanquam judicari ab alio non possit , cum nec ipse possit alterum judicare : sed expectemus universi judicium Domini nostri Jesu Christi , qui unus & solus habet potestatem & praeponendi nos in Ecclesiae suae gubernatione , & de actu nostro judicandi , For none of us makes himself a Bishop 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 . 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 other reasons the Consciences of Christians may be at peace as to the Canons of the Popes , out of his temporal jurisdiction . Concerning which other reasons who please to require them may find enough in * Spalatensis , in the replies of our English Prelates in the questions of supremacy and allegeance , in Chamier , Moulin , Gerard , 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 Aeneas Sylvius who was himself a Pope , Ante Concilium Nicenum quisque sibi vivebat , & parvus respectus habebatur ad Ecclesiam Romanam , Before the Nicene Council every man lived to himself ( that is , by his proper measures , the limits of his own Church ) and little regard was had to the Church of Rome . §. IV. Of the matter and conditions of ECCLESIASTICAL Laws requir'd to the obligation of Conscience . RULE XVII . Ecclesiastical laws that are meerly such cannot be Universal and perpetual . I Doe not mean onely that Ecclesiastical laws can be abrogated by an Authority as great as that which made them ; 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 & 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 Christian liberty ; and secondly , that they be so enjoyn'd , that the Commandements of men be not taught for doctrines . These are very material considerations , but of great difficulty ; and therefore it is fit they be most seriously considered . They must be imposed so as to leave our liberty unharm'd ; that is , that the law be not universal , not with an intent to oblige all Christendome , 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 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 Government , as by the Church of England , of Rome , of Millain ; and the Catholick 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 . But when any law or Canon Ecclesiastical is made , it is made by a certain 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 , Stand fast in the liberty with which Christ hath made you free , and be not again intangled in the yoke of bondage . For when Christ had made us free from the law of Ceremonies which God appointed to that nation , and to which all other nations were bound if they came into that Communion ; it would be intolerable that the Churches , who rejoyced in their freedome from that yoke which God had imposed , should submit themselves to a yoke of ordinances which men should make : for though before they could not , yet now they may exercise communion and use the same religion without communicating in rites and ordinances . This does no way concern the subjects of any government ( what liberty they are to retain and use , 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 perswade 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 edification or not for their edification : that 's not to be suffered ; it is against our Evangelical liberty , and the Apostolical injunction . And this was so well understood by the Primitive Churches , that though the Bishops did appoint temporary and occasional fasts in their Churches upon emergent and great accidents , as Tertullian 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 * & when Montanus did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 & would not endure it ; & yet he did it onely for discipline , not for doctrine , for piety , not as of necessity , as appears in Tertullian's book of fasting , in the first & second Chapters : 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 . But Ecclesiastical laws must not be perpetual . That is , when they are made , they are relative to time and place , to persons and occasions , subject to all changes , fitted for use and the advantage 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 Pharisees and their Ecclesiastical laws , he says , they by their traditions did evacuate the Commandement of God , and they taught for doctrines the commandements of men . 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 interest 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 . For when our superiors impose a law of discipline , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doctrines and points of religion ; what then is that which our Blessed Saviour reproves ? and what is our Negative measure of Ecclesiastical laws ? To this the answer is best given by a narrative of what the Pharisees did , and was reproved : for all was not repugnant to the law of God , neither is all that amisse which men teach to be done . For our Blessed Saviour commanded us to hear them that sate in Moses chaire , and to doe whatsoever they commanded : not absolutely whatsoever , but whatsoever of a certain sort ; that is , 1. whatsoever they taught by a probable interpretation 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 . Whatsoever was besides these , that is , 1. whatsoever had it's foundation 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 interpretation be obtruded as a matter of faith ; or 3. if what is piously counsel'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 . The reason of these things is plain . For the first ; If it have no foundation in the law of God , but in humane opinions , and yet be taught for doctrine , it is literally the thing that is here reproved . For the second . Whatsoever 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 hoc ipso evident 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 obedience , 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 religion . How these two last sorts may be made into laws I shall account when I speak of the positive measures of Ecclesiastical laws ; but abstracting from that superinduc'd obligation , to teach these things as necessary which God hath not made so , is to doe as the Pharisees did , whom our Blessed Saviour so reproves . An example of the first is the Pharisees teaching the washing of cups and dishes , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as he said in the Greek Comedy ; finding out a vain remedy to cure a phantastical disease . Thus in the Church of Rome , they exorcise salt and water to cast our Devils ; they give 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 second we have examples enough in the Council of Trent , 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 under this those also must needs be involved , who persecute men for opinions and doubtfull disputations . 3. Of the third , they are very evil examples who to some whole orders of men lay an injunction of keeping Evangelical 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 fourth kind of prevaricating of the words of our Blessed Saviour , who persecute the breakers of an Ecclesiastical Law with a severity greater then the violators of a Divine 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 Commandements ; for else why are they more severely punished ? The summe is this ; 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 probable , 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 , obnoxious 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 Ecclesiastical law that does in any degree break this law of our Blessed Saviour is therefore void , and is become intolerable . Of these things I shall yet give two great examples , one of the Pharisees , and another of some that follow their example in this affair . God gave a Commandement to the Jews of keeping holy the Sabbath-day , their new Moons and some other solemnities . Now there were many particulars 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 Commentaries and uselesse Glosses , neither the law it self about which their interpretations were imployed , nor their authority which they had from God could secure them from tyranny , and corruption , and doing violence to Conscience , and imposing unequal burdens . Thus we find that their Rabbins 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 artificially ; 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 . 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 instances of their prevarication . He was pleased to speak to that of washing of cups and platters : but it is also s●●d there , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , there are many other things , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , esteeming them a part of the divine worship : This was their case , and Christ gave their sentence . The other instance which I promised is the law of the Roman Church in keeping of Lent ; 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 culpable and criminal sense , that is , 1. They value it more then some Commandements of God. I need no other proof but the words of Erasmus , Veluti parricida , penè dierim , rapitur ad supplicium , 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 , &c. 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 . 2. They account it to be a part of the service of God , not onely as it is an act of obedience to superiors , but in it self and without any relative consideration . Bellarmine saies they are not Christians that eat flesh in Lent : which words are extremely false , or else every one that disobeys an Ecclesiastical 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 Christianity , placing the Kingdome of God in meat and drink , not in righteousness and peace and joy in the Holy Ghost ; and doing that which the Apostle hath forbidden , when he said to the Colossians , let no man judge you in meat and drink . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the commandements of men that are taught for doctrines . 3. They account the exterior action , the body of the injunction , the element of it to be a service of God ; and for that part of it esteem themselves the more holy and the better Christians , as appears in their contentions about it , using arguments to prove the very Fast to be a sacrifice , a pure oblation * . 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 & 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 exhortations 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 Isidore , Fastings with good works are acceptable to God : But he that abstains from meat , and does evil , imitates the Devils , quibus esca non est , & 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 , saies S. Hierom to 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and there is no profit at all of fasting , unless all things else doe follow , saith S. Chrysostome ; that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an abstinence from sin intirely : and again , what gain is it if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 . The summe is this , which I represent in the words of Prosper , 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 . 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 affrightments and spiritual terrors , then we have lost our Christian liberty which was bought by the best bloud of the world . 4. But not onely the exterior and instrumental act is absolutely urged and taught as necessary , but a circumstance , a manner and forme of that exterior 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 Adam might , of all the garden of Eden , it is no great matter as to temperance 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 for the flesh to fulfill the lusts thereof . What therefore is in this manner of the law , but something of the beggerly religion of meats and drinks ? In the daies of Prosper they abstain'd from the flesh of beasts , but not of birds ; and his sentence of that kind of fasting is this , But they that abstaining from the flesh of four-footed beasts , enjoy the flesh of Phesants and other precious birds or fishes , 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 abstinence , 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 superinduc'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 certain meats , but the restraint of the lust and the desire ; and they are rather to be esteem'd abstinent , who forbid not to themselves the use of some meats , but the delights of the body . ] And indeed let it be considered ; 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 nourishment 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 increased , 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 I have already proved ; but that even in Lent the Primitive Christians did not abhorre flesh , appears beyond dispute in the case of Spiridion Bishop of Cyprus , 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 , To the pure all things are clean . So Sozomen 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 nothing that was pleasant , but they abstain'd because it was pleasant , not because it was flesh ; for of this they made no religion , as appears in the fact and exhortation and argument of Spiridion . And of the same consideration was that law of Justinian , 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 Constantinople to be great scarcity of other provisions , the Emperor commanded the shambles to be open and flesh to be publickly sold. But Nicephorus tells that the people would not buy any , for they began to think it to be religion not to touch , not to tast , not to handle . But the Emperor and the wise men knew no religion against it . And that which Marcian said to Avitus in the like case is very considerable , We know that charity is better then fasting ; for charity is a work of the Divine law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but fasting , is a thing urbitrary and of our own choice . * 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 began 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 . 5. That this may be an exact parallel with the practice of the Pharisees in that folly which our Blessed Saviour reprov'd ; the Commandement 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 superstition , 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 . I will not instance in the ridiculous and superstitious questions which they make about the keeping of this Ecclesiastical law ; 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 ; whether a Cook that dresses meat for sick persons may lawfully lick his fingers ; 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 produc'd out of the water : which doughty reason did incourage some to doe it , of whom Socrates speaks , and is mention'd by Peter Comestor 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 service 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 Decalogue , 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 teach for doctrines the Commandements of Men. 6. To return to the particular of the Rule , 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 uncharitable , 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 . But this is to be understood of such laws which are intended for discipline , 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 that ought to be serv'd , and therefore not this , 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 willing to be slaves , and tempts the unwilling to be rebels ; 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 burden 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 necessary , is against the equity & 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 . But if the laws be relative to what is past , and no burden , but matter of ease or benefit , or comes from a perpetual cause , or that which is unalterable , 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 service 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 : & the Rulers of the Jews had both the powers , Civil and Ecclesiastical , 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 example and warranty in the sanction of Ecclesiastical laws in the Christian Church . * To which let this be added , that the Jews might keep and observe 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 whatsoever . 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 circumstances , but no part of the Religion , 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 , & 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 . The result of these considerations is this ; 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 . 2. Ecclesiastical laws may be made and continued by any authority so long as that power lasts , 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 . 3. All Ecclesiastical laws in the matter of meats and drinks and days must be wholly relative to religion , and the effect of graces and proper duties , 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 . 4. All Ecclesiastical laws must be imposed with liberty : not with liberty 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 . 5. Ecclesiastical laws must serve religion , 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 observation 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 unthankfullnesse : 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 respects to obey an Ecclesiastical law may be a doing an act of vertue together 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 . 6. Ecclesiastical laws if by any means they be taught for doctrines and Commandements of God , 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 liberty , which no man ought to take from us . If they once pretend to a necessity besides the equal necessity of obedience , they doe not oblige the subjects 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 . RULE XVIII . Ecclesiastical laws of Ceremonies and circumstances of external observances doe not bind the conscience beyond the cases of Contempt and Scandal . THat is they bind onely in publick , 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 England 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 . For it is highly considerable , that in these laws of Ceremonies it is otherwise 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 incest : 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 a sin by the law , and that sin by the nature and participation of the same reason . For he that kills his adulterous daughter where it is permitted , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and therefore no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is not a sin unlesse it be the transgression of a law . So that the natural capacity 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 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 internally 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 religion when God appoints them , and not else , because God will be worshipped externally as he is pleas'd to appoint , according to that saying of 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 . * This onely , 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 appointed 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 . But 2dly , external observances can become religion , if they be the outward 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 . But 3 d●y , 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 , and external observances are now both by God and by nature remov'd far from being any thing of the Christian , that is , of the Spiritual religion . The consequent of these things is this , 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 after the reason ceases , the authority hath reasons of it's own to be regarded , 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 Samuel did to Saul . 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 disregarded ; 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 beyond 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 Empire , when the cause ceases , and when it remains , when the breach is scandalous , and when it is not scandalous : But the Canons of the Church oblige 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 . These are the negative measures of ECCLESIASTICAL laws . The positive measures are these . RULE XIX . Ecclesiastical laws must be charitable and easy , and when they are not , they oblige not . WHen Ecclesiastical laws were conducted and made by the Spiritual power , 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 indicted to a voluntary people , and therefore to be presumed easy and gentle , 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 Ecclesiastical Ruler , and the Common-wealth became a Church , the Spiritual sword was put into a temporal scabbard , and the Canons Ecclesiastical became 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 contain a load that is supportable , they are to be obeyed . Quod quidem perquam durum est , sed ita lex scripta est , said Ulpian ; 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 indicted by the spiritual power , the civil power onely consenting and establishing 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 temporally 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 complain : 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 reasonably 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 temporal 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 intolerable 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 . Not that it is permitted to any man as he please to obey or not to obey the Ecclesiastical laws ; 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 imposed 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 . I shall give an instance in the Ecclesiastical laws of fasting , and by an inquiry into their obligation sta●e the sense and intention of this Rule . What persons are tied to the observation of Ecclesiastical Fasts , and in what cases . To the solution of which question , 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 indicted 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 Pierius ; ) 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 repentance 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 contemplation ; 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 . But they are exempted from it who are sick and weak , spent with labour , or apt to be made sick , or hindred in their imployment : Nisi quem infirmitas impedierit , saies the Canon law ; all are bound to keep fasting daies but such who are hindred by infirmity , — seu Dura valetudo inciderit , seu tarda senectus , any bodily infirmity , whether of age or sickness , weakness or disease . Concerning which , if the infirmity be evident , there is no question , for the law does except such persons in the very sanction , or publick and authentick 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 . Now in these things there is no other certaintie but what is set down in the laws of every Church respectively , save only this , that in all Churches 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 Albericus Pius his Lucubrations against Erasmus . But I consider that the laws of fasting are therefore very sparingly to be imposed , 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 Rehoboam'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 ? Mantuan complain'd with great sorrow and great reason in this particular . Adjungunt etiam primi jejunia veris ; Quae nisi sint servata , volunt nos ire sub orcum . Aspice quam duris , aiunt , fraenata capistris Gens electa fuit . Lex Christi aeterna , nec unquam Cessatura , sinus ( dicunt ) sine tendat in amplos , Ut sit conveniens , habilísque , & idonea toti Humano generi , non importuna senectae , Non onerosa inopi , non importabilis aegro . 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 . This is certain , that in a law of so great burden in it self , and so severely imposed , and so fiercely punished , and so religiously accounted of , and so superstitiously conducted , the conscience is so certainly made restlesse 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-imployed , 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 whether 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 infirmity 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 judge in your own case ; therefore you must ask ; and who shall tell you ? Cajetan and Navarre , Filliucius and Gregory Sayr , Diana and Azorius understand 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 occasions you may know of him whether your case requires ease ; or it may be it ●equires leave this day , but you cannot have your answer so soon , and the case will alter by to morrow ; and Hippocrates said , that senes facillimè ferunt jejunium , old men bear fasting better then yong men : and though Cardan 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 a Vallesius , Cardan , Hollerius , Zacutus Lusitanus , Paulus Zacchias , b Alphonsus à Fontech , c Cognatus , d Arnoldus de Villanova , e Petrus Hispanus and his Author Isaac ; 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 judgement 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●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 considerable 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-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 , — leporem sectatus , equóque Lassus ab indomito : vel si Romana fatigat Militia assuetum Graecari , seu pila velox Molliter austerum studio fallente laborem . 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 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 Azorius 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 ? Unde fames homini vetitorum tanta ciborum est ? Certainly he can hardly be tied to the measures and rules of eating Ecclesiastically , 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 fragments 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 necessity put upon him that he hath flesh but no fish . There are also some hundreds 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 sicknesses , and peevishnesse , and murmur , and complaints , and laborious arts of excuse , and cheating the law , and slavery , and tyranny , occasion'd and effected by it . For although fasting is not onely an excellent ministery to some parts of religion , but of health also , Accipe nunc victûs tenuis quae , quantaque secum Afferat : imprimis , vale as bene — 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 * 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 Government , 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 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 uncharitable , and therefore unlawfull . Hoc hic quidem homines tam brevem vitam colunt , Quum hasce herbas hujusmodi in suam alvum congerunt , Formidolosas dictu , non esu modo : Quas herbas pecudes non edunt , homines edunt . 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 : Thestylis hanc nimio pultem sale fecit amaram ; 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 & wearinesse may legitimate the breach of the strict measures of the law as well as if it be actual & 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 . But that which relates also very much to the law , 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 , Musicè herclè agitis aetatem , ita ut vos decet : Vino & victu , piscatu probo , electili Vitam colitis ; Wine and choice fish make music at the Table . Nam in re praesenti , ex copia piscaria Consulere licebit . 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 nutritive then flesh , and therefore wisely chosen by the Church to be the entertainments 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 ; * they answer , that we are mistaken ; that fish is a delicacy ; that Alexander the great was so delighted with little fishes , that he would send them for presents to his dearest friends ; that Suetonius tells the same of Augustus Caesar ; that Bullinger tells that the Rhodians esteem'd them ▪ 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 Julius Caesar at one triumphal feast entertain'd his guests with 8000 lampryes ; that the great feast which Metellus made , & which we find describ'd in * Macrobius , was especially made costly and delicious with the fish there presented . — quo pertinet ergo Proceros odisse lupos ? 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 provisions . But if fish be un wholesome , then eat herbs , but at no hand flesh . Parcite mortales dapibus temerare nefandis Corpora : sunt fruges , sunt deducentia ramos Pondere poma suo , tumidaeque in vitibus uvae . Sunt herbae dulces , sunt quae mitescere flammâ Mollirique queant ; nec vobis lacteus humor Eripitur , nec mella thymi redolentia flore . Prodiga divitias alimentaque mitia tellus Suggerit , atque epulas sine caede & sanguine praebet . Carne ferae sedant jejunia . — 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 permitted , in all , herbs and fruits and broaths : and these are agreeable to a weak stomack ; according to that of S. Paul , Qui infirmus est , olus manducat , He that is weak eateth herbs ; it is the argument of Bruyerinus . But I shall make a better use of it if I shall observe that S. Paul gives it as a note of infirmity , when Christians upon pretences and little arguments 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 sanctified 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 intangle , but it can never cleanse : — pinguem vitiis albumque nec Ostrea , Nec Scarus , aut poterit peregrina juvare Lagois . 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 bodily exercise profiteth but little , 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 discourse 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 quod plerumque est , and therefore in the matter of a periodical and long continued 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 . This summe is this . 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 uncharitable . But if there be a law , the law ought to bend in all the flexures 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 trouble , 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 . This onely I am to adde in order to the determination of our conscience in the practice of this inquiry , 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 humane 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 . 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 . THE holy Primitives in their laws and actions ever kept that saying of the Apostle in their eye and in their heart , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Every word , every action must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the use of edifying : Let all things be done for edification : and therefore much more must laws , which have a permanent causality and influence upon the actions of the Church ; for therefore they are either a permanent good or evil . When the Churches had hope of converting the Jews by gentleness and compliance in some outward rites , the Church made laws of combination and analogy , of continuation and correspondence in some observances . Thus the Apostles at the Council of Jerusalem indicted the abstinence from blood , 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 , 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. Paul 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 Moses had given the Jews flesh , but forbad them bloud , but Christ gave us both flesh and bloud , and forbad neither ; 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 . ●n Justin Martyr , Ignatius and Minutius . * At the first the Christians kept the Jewish Sabbath ; but in the Council of Laodicea it was forbidden ; and in the 70th Canon of that collection which goes under the name of the Apostles , which was published much about the same time , the Christians are forbidden [ neque jejunia cum Judaeis exercere , nec festos dies agere , nec quae in ipsorum celebritatibus Xenta mittuntur accipere ] to keep the Jewish fasts , or feasts , or to receive their presents , viz. 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 Zonaras and Balsamo note upon that Canon of the Laodicea● Council , but is more fully discoursed by Constantine upon the keeping of Easter , as Eusebius reports in his life . To this end all Laws and Canons must be made ; not onely for that great reason , because the end of the Commandement is charity , and of all Ecclesiastical government is the building up the Church in love ; 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 ; that the power and authority which the Lord had given to him , was for edification , not for destruction . * 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 exterminating 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 observed 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 obedience , 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 Bishops their successors did and ought to doe before the civil power was 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he hath onely power over bodies , but no authorityover the Conscience . This being considered , the Rule hath effect in the following particulars . 1. This Rule is to be understood positively and affirmatively ; that is , The Church in all her constitutions must take care that the Church be edified 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 * ; 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 making 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 . I instance in the institution of significant ceremonies , 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 prudently 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 . But there is also more in it then thus . For although significant ceremonies 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 , excepting 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 Christians still in the state of infancy and minority , and supposes them alwaies learning , and never coming to the knowledge of the truth , it ought not to stand against any danger or offence that can by them be brought to any wise and good Christians . In some ages of the Primitive Church , and in some Churches , they gave to persons to be baptized milk and hony or a little wine ( as we read in Tertullian and S. Hierom ) to signify that those Catechumens were babes in Christ ; and in a rebus to recommend to them that saying of S. Peter , as new-born babes desire the sincere milk of the word . 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 ▪ 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. But the Council of Bracara forbad it upon this reason , quia evidens exemplum Evangelicae veritatis illud offerri non sinit , 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 judgment of Balsamen is this ; Eos malè facere arbitror , qui in Ecclesia columbas emittunt pro Spiritus sancti adventu ; & qui pro illa stella quae novo modo apparucrat , & erat admirabilis , cereos accendunt ; & qui arcanam & salutarem Domini , & Dei , & Servatoris nostri Jesu Christi generationem thoro strato exprimunt ; & quae sunt supra rationem & mentis cogitationem humanis adinventionibus describunt . 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 manner 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 invention to signify what it does not effect , and then introduc'd into the solemn worship of God , is so like those vain imaginations and representments 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 . 2. But when they can be innocently us'd , 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. Austin , in whose time the Church had gone beyond her rule and 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 . [ Etiamsi non intelligatur quomodo contra fidem sunt , tamen quoniam onerant religionem , & servilibus oneribus premunt quam Christus voluit paucissimis & 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 : 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 England , 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 , the Cross in baptisme : 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 , * so it is very innocent in it self , and being one and alone is in no regard troublesome 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 signification , they were not made for that , but for order & 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 Egyptians 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 Plato and Pythagoras they taught their scholars by numbers and figures ; and Diodorus of Tarsus and Origen 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 Perfectionists 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 inconvenience in the Church of Rome , that there are not onely so many ceremonies as doe fill a book in folio ; but the reasons and significations of them are offered to us by Durandus , Durantus , Vicecomes and others : but it is certain that all the propositions and mysteries signified by them are 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 advantage to the things themselves , and makes their first intended ministery of some more usefulness . 3. Ecclesiastical laws are not then for edification when they give offence 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 cannot 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 sin against their Brethren , and they sin against Christ. 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 exposition , 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 spiritual 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 consider 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 perceive 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 discountenanc'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 implor'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 . This onely is to be added , 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 dispensing 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 , because it includes these , yet these are the next best . 4. Ecclesiastical laws that encourage and adorn , and add degrees and moments and zeal to the service of God , are good ministeries of edification ; and till by excesse or accident they convert into evil , are of themselves fit to minister to religion . Of Music in Churches . Thus the use of Psalmody 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 . Ad disciplinas aliquid artificiale organum non esse adhibendum , said Aristotle as he is quoted by Aquinas , 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. Justin Martyr asks the Question why the Church uses songs in her Liturgy after the manner of the unwise and weak under the Law. Answers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , That meerly to sing is not proper to weak and ignorant persons , but to sing with inanimate instruments , with dancings and with timbrels . Therefore in the Churches we doe not use hymns with such organs or instruments . And S. Chrysostom saith that those instruments were permitted to the Jews ob eorum imbecillitatem for their weaknesse : and he addes , 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 . The same thing is also affirm'd by Isidore Pelusiot ; 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 . But then in relation to us , he expounds that Psalm to signify not literally , but mystically . By the sound of the trumpet he understands the memory of the resurrection ; by psaltery and harp , our tongue and mouth ; by timbrel and dances , our body and mind ; by every thing that hath breath , ] every spirit : 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 instruments were typical and permitted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for their tendernesse and infancy ; but also because by the voice and tongue we can properly and directly 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 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 Justin Martyr ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , simple and plain singing is left in Churches . For this stirres up the mind with a certain pleasure 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 enemies 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. Paul 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 . ] 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 recitative , they doe not sing and expresse the words so plainly that they which hear doe understand ; for by this means the greatest benefit and use of edification is lost : as appears in those words of S. Basil , who when he had highly commended 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the delight of melody mingled with heavenly mysteries , he addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , For this cause were the tunes of harmonious Psalms devised for us , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 ! But in this and all things like this , the rulers of Churches are to doe that which most promotes the end of their institution . Salus populi suprema lex esto , 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 . 5. Although Counsels Evangelical being observed are greatly for the glory of God and for the edification of the Church ; yet it is not for edification 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a gentle yoke , but is a perpetual snare . For here is the difference between things indifferent and Counsels Evangelical , though alike they be left under no command 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 purposes ; but Counsels cannot be made into laws , not because the nature of the things themselves will not bear the load of a Commandement , but because our natures will not : and therefore they are to be advis'd , encourag'd , preached , practis'd , commended and rewarded ; any thing but injoyn'd , or made into necessary duty . And indeed , when we consider that Counsels of perfection are a direct worship of God when they are perform'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 Athenagoras in his Apology for the Christians , Deus ad ea quae praeter naturam sunt neminem movet , 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 . But the great matter in this whole affaire is , that Counsels Evangelical 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 coelibate exposes us to a perpetual ustulation ; and then either by our contrary state of affairs , or by our unequal strengths pull down that building which they intended to set up . Some Canonists say that the Church forbids 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 between two duties , justice and religion , and shall be forc'd like him in the Satyr to ask pardon for doing of his duty ; Ille petit veniam quoties non abstinet Uxor Concubitu sacris observandisque diebus . The Council of Eliberis commanded abstinence from conjugal rights for three or four or seven days before the Communion . Pope Liberius commanded the same during the whole time of Lent ; quia penè nihil valet jejunium quod conjugali opere polluitur , 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 unreasonable : but when they commanded that those which were married should that day communicate , and they that did communicate should that night abstain , ( 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 . Upon the same account , but upon very much more reason , those Churches which injoyn coelibate to all their numerous Clergy doe unreasonably 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 . Of the Marriages of Bishops and Priests . Now concerning this , 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 directly 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 sufficiently cleared by the testimony of those wise persons who have observed the evil , and wish'd a remedy by annulling the law . Aeneas Sylvius , who was afterwards Pope Pius the second , said that the single life of the Clergy was upon good reason at first introduc'd , but that for better reason it ought now to be let alone and taken off . And of the same mind was Panormitan ; 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 polluted 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 Trent is told out of Zuinglius , that writing to the Cantons of the Suisses , he made mention of a law or edict made by the magistrates their predecessors , that every Priest should be bound to have his proper Concubine , 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 Concubine were chang'd into Wife , and the permission before given to unlawfull Concubinate might be given now to lawfull Marriage . 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 Henry Stephen's apology for Herodotus . * But if he be lesse relied upon , as being a friend to the complaining side , the testimony of Cassander will not so easily be rejected , saying , 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 perpetual fornication , if publickly they dare not , yet privately they marry . And they that did not , did worse : for things ( saith he ) are come to that passe , that scarce one in an hundred abstains from the fellowship of women . And Alvarus Pelagius telling sad stories of the incests , 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 cloysters , 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 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 Via Regia of Weicelius , to Andreas Fricius Modrevius de Matrimonio presbyterorum , and in his a Apology , b Albertus Pighius , c Dominicus Soto , the d Centum Gravamina Germaniae , e John Gerson , f Polydore Virgil. Many more might be reckoned , but these are witnesses 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. g Bernard , Rupertus Tuitiensis his contemporary , who compares the Clergy of that age to the Nicolaitans , whom God hated for their uncleanness , by the author of the book de singularitate Clericorum attributed to S. Cyprian , by h Guilielmus Durandus in his book de modo concilii Generalis celebrandi , S. Hudelrichus Bishop of Auspurg , who wrote against the constrained single life of Priests to Pope Nicholas , i Robert Holkot , k Nicolaus de Clemangiis , l Petrus de Alliaco , m Tostatus , Platina in the life of Pope Marcellinus . The scandal must needs be notorious and intolerable when so many persons of the ingaged party , of the Roman 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 Centum Gravamina , and by Espencaeus in Epist. ad Titum , cap. 1. I end this with the words of Martinus Peresius , Multis piis visum est ut leges de coelibatu tollerentur 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 . For S. Paul 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 , and the affairs of religion under persecution , he presently claps in this caution , I speak not this to lay a snare before you , sed vestro commodo : If any of you find it for your ease or advantage , well and good , but at no hand let it be a snare . 2. But that which next is considerable is , that this law is an intolerable burden . So said Paphnutius in the Nicene Council ; he call'd it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; an excess of exactness : and therefore when some Bishops would have had it made into a law , he advis'd the contrary ; Nolite gravare jugum Ecclesiasticorum , Lay not a load upon the Ecclesiastic state ; for marriage is honourable in all men and the bed undefiled : adding , that all cannot bear that institution of life that is void of all affections ; and as he suppos'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 . So Gelasius Cyzicenus tells the story . And though Turrian the Jesuite would fain make the world not believe it ; yet he hath prevail'd nothing . For it is not onely related by Gelasius , but by a Ruffinus , by Socrates , Sozomen , by Aurelius Cassiodorus the b Author of the tripartite history , by c Suidas , d Nicephorus Callistus , and by e Gratian. 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to have a woman introduc'd , unless she be a Mother , a Sister , or an Aunt , that is one of whom there can be no suspicion . Mulierem extraneam , a woman that is not a domestic ; so f Ruffinus , g Fulgentius Ferrandus , and the h fourth Council of Toledo expound the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 Nicolaitans and the Encratitees and the Manichees and the Montanists and the Gnosticks and the Priscillianists had so disgrac'd marriage , and pretended 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 discerning 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 Hieracitae , as Epiphanius reports of them , pretending they did not marry them , but made them house-keepers : meer Platonics , or , as they call'd them , sisters ; 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. Cyprian , 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 : Sacerdos-amplectens mulierem , praesumitur benedicere , If a Priest imbrace a woman , it is to be presum'd he onely gives her a blessing . ) And the same S. Chrysostom tells of them in some homily he made against those that brought in such women . They were the companions of their single life ; so Budaeus 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 Nice ; who yet did not prevail , but that they who might have wives or husbands had rather have such friends and companions , which nevertheless gave infinite scandal and reproach . S. Gregory Nazianzen speaks of them with no good will or commendations at all , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He neither knew how to call them * , 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 Dionysius Bishop of Corinth to Pinytus Bishop of Gnossus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the heavy yoke of abstinence ought not to be imposed upon the Brethren . And of this the * Chancellor of Paris , a good man and a wise , discourses gravely . Christ our most wise law-giver hath left rituals or Judicials to their choice of whom he said , He that heareth you , heareth me ; 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 Christian 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 his yoke is easy and his burden light . 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 authority then Abbats have over their Monks , who , according to the doctrine of S. Thomas and other Doctors , cannot command their Monks any other thing then what they have professed in their Rule . ] 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. Hierom complains of it in his own particular , Scitis lubricum adolescentiae iter , in quo & ego lapsus sum , he lost his glory of a virgin body when he was young : 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 . Evagrius the Priest us'd to goe into a well in a winters night , S. Bernard into a lake , to cool their burnings : S. Francis us'd to roll his naked body in snows , S. Omar in nettles , S. Benedict upon thorns , S. Martinian 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 * Scripture and experience . It is easier to give our bodies to be burn'd for religion , then to live innocently in the state of perpetual 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 , expressly against the Apostle , who not onely said , that it is better to marry then to fornicate , but , better to marry then to burn : and that these violences 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 remedies ; 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. Hierom speaking of Virgins that did not doe honour to their virginity by real continence , he advis'd them , ut aut nubant si se non possunt continere , aut contineant si nolunt nubere , that they would contain if they will not marry , or marry if they cannot contain : not onely if they cannot contain from outward acts of uncleanness , but even from the secret desires of it , and from burnings . Quid enim prodest ( saith he ) corporis pudicitia animo constuprato ? The chastity of the body is of no profit , if the desires be burning and dishonest . Casso saltem delectamine Amare quod potiri non licet . So the burning is well describ'd in the Comedy . Uri est illegitimo coitu aut foedis cogitationibus se polluere , said Alfonsus Virvesius , 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 . Nella guerra d' amor chi fuge vince , saith the Italian 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 . Fames & sitis exasperat & incendit animos , saith Seneca , Hunger and thirst make a man angry : and anger and lust are fed by the same fuel , — mea cum deferbuit ira Nolo prognatam consule — 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. Hierom saies that he had known them of both sexes who have by too much abstinence turn'd mad , 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 intermedial 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 respectively 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 circumstances 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 Epiphanius complains , Ut ne confundantur apud homines occultè scortantur , & sub solitudinis aut continentiae specie libidinem exercent , 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 if a man does not contain , let him pray , but let him marry . 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 . Oportet compati & commetiri doctrinam pro virium qualitate , & hujusmodi qui non possunt capere sermonem de castitate , concedere nuptias , said S. Cyril , Every ones strength must be measured , and so fit our doctrines to their proportions , and to grant marriages to them who cannot receive the word of Continence . And therefore what S. Austin said of Widows may be exactly applied to Ecclesiastics , There are some that call them adulterous if they marry , and so pretend themselves purer then the doctrine of the Apostle , who , if they would confess their name , mundanos potius se quam mundos vocarent , 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 . And like to this is that of S. Hierom , Si quis consideret virginem suam , i. e. carnem suam , lascivire & ebullire in libidinem , nec refraenare se potest , duplex illi incumbit necessitas , aut capiendae conjugis , aut ruendi , He that considers his Virgin , that is , his flesh , and observes it troublesome and boyling into desires , and cannot refrain himself , hath a double necessity upon him ; either he must take a wife , or he must perish . * And therefore they that pretend 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 . S. Bernard's wish was something to the same purpose of charity and security . Utinam qui continere non valent , perfectionē temerariè profiteri , aut coelibatui dare nomina vererentur ; sumptuosa siquidem turris est , & verbum grande , quod non omnes capere possunt , I wish that they who cannot contain , would be afraid to profess perfection , and undertake single life : for this is a costly tower , and a great word that all cannot receive . Aeneas Sylvius having gotten a Lady with child , to his Father that was troubled at it he replies , in sua potestate non fuisse ut vir non esset , he could not help it : and when Origen had resolved 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 Valesii : and Leontius , who was afterwards chosen Bp. of Antioch by the Arrians , having a woman in his house , one of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 ? It is ( that I may use S. Basil's expression ) 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 . Propterea leges quae sunt connubia contra Esse malas …… prudentia patrum Non satis advertit … quid ferre recusat , Quid valeat Natura pati . Cervicibus ( aiunt ) Hoc insuave jugum nostris imponere Christus Noluit . Istud onus quod adhuc quamplurima monstra Fecit , ab audaci dicunt pietate repertum . And therefore those laws that command single life to so many thousands of Priests , Italians , Spaniards , Frenchmen , which are none of the most continent nations of Europe , are a snare to those that cannot keep them , and a burden to them that would , and intolerable to both . So Origen complains of some imperious and imprudent persons who in his time would be commanding single life and virginity ; Non solum quae docent non faciunt , sed etiam crudeliter & sine misericordia injungunt aliis majora virtute ipsorum , non habentes rationem virium uniuscujusque , 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 particular 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 . 3. The law of coelibate is an unreasonable law , 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 , 4. That all this stirre is to no purpose ; 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 instrument fitted for use in it's own time . For as S. Austin observes well , S. Paul does modestly dehort from marriage , not as from an evil , but as from a burden : ] 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 ; nothing of the Gospel or spirituality , but a matter of prudence , and the exterior conduct of affairs . For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 nothing 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 expressly 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 Gangra notes such persons as these , that refus'd the communion from the hands of a married Priest ; but in the fourth chapter pronounces anathema against them : and S. Ignatius saies that they who call the society of married pairs corruption , and pollution , 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 fountains of our Saviour , from the holy Scriptures , the springs of salvation ? But to this the first ages of the Church gave apparent witness . Perfecti Christiani edunt , bibunt , contrahunt Matrimonium , said Clemens Alexandrinus , Perfect Christians eat and drink and make marriages : and therefore the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the perfect state of Orders is not at all impugned or diminished by marriage . Sozomen tells of Bishop Spiridion , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 Gregory Bp. of Nazianzum the Father of S. Gregory the Divine , and S. Basil , Et si matrimonio se vinxit , ita tamen in eo vixit ut nihil propeterea ad perfectam virtutem ac Philosophiam consequendam impediretur . 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 . Matrimonium non solum nihil nobis obstat ad philosophandum Deo , si voluerimus esse sobrii , sed & magnam adfert consolationem : comprimit enim insanum naturae impetum , nec turbari sinit quasi mare , sed efficit ut scapha feliciter in portum appellet ; & ideo Deus consolationem 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 . For although it be true that , as S. Paul saies , the Married cares for the things of the world , the Unmarried for the things of the Lord ; He , how he may please his wife , This , how he may be holy both in body and in spirit ; yet this is so far from disparaging holy Marriage , or making it less consistent 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 , & he is safe . But the unmarried is alone , & without those relations ; & therefore they may if they will let the things of the world alone , and mind the present imployment , which then was the ministeries 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 . — poenaeque graves in coelibe vita . The Unmarried takes care 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 pure in body and in spirit , 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 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. Gregory Nazianzen , 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 religion : yet abstracting from that consideration , the married estate is much more secure for the state of souls , & propter eam quae in nuptiis est animi tranquillitatem ( as S. Gregory Nazianzen 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 therefore it was rightly observed of S. Clemens Alexandr . As [ single life , or ] Continence , so Marriage also hath proper gifts and ministeries which pertain unto the Lord : 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 advantage : concerning which who please may read S. Gregory concerning his mother Nonna , and the Epistles of Paulinus * concerning Amanda the wife of Aper , who were to their husbands admirable advantages both in the affairs of the world and of religion . Sanctissimus Samuel filios genuit : non tamen justitiae suae merita minuit . Zecharias sacerdos vir justus in senectute sua genuit filium . Quâ ergo ratione accusatur , quod minimè obesse probatur ? so S. Austin . To which adde the instance of S. Chrysostome upon those words of Isai , [ I saw the Lord , ] Quis ista loquitur ? Isaias ille spectator coelestium Seraphim , qui cum conjuge commercium habuit , nec tamen extinxit gratiam . Samuel the most holy Prophet , and Zechary that just Priest , and Isaiah that Seer who saw the celestial Seraphim , 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 excellent Doctor , Quamvis nuptiae plurimum difficultatis in se habeant , it a tamen assumi possunt ut perfectiori vitae impedimento non sint , Though marriage have in it very much difficulty ( in respect of domestic cares ) yet it may be 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 disin tangled , and yet some times even in this very regard a married man hath or may have advantages and ease and liberty : Videmus virgines de seculo cogitare , & Matrimonio junctos Dominicis studere operibus , said S. Ambrose , Men of single lives take care for the world , and we see them that are married 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 Lipsius said of the Roman Senate , who forbad their souldiers to marry , à Junone arcebant eos , non à Venere , Romanae leges , the Roman laws forbad Juno to them , not Venus , for Contubernii militibus semper jus , 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 a Alvarus Pelagius 300 years agoe , and by b Platina and c Bonaventure , and it is notorious in all the Popes ; divers particulars of which in the instance of Sixtus quintus are to be seen in the excellent d Thuanus . I end this consideration with the excellent words of e Salvian , Novum prorsus est conversionis genus : licita non faciunt , illicita committunt . Temperant à conjugio , & non temperant à rapina . Quid agis stulta persuasio ? peccata interdixit Deus , non matrimonia . 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 . Although these considerations are a sufficient explication of this instance of the Rule , 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 order 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 Timothy and Titus , there needs no other testimony but that of Cratian . Copula sacerdotalis , vel consanguineorum , nec legali , nec Evangelicâ , nec Apostolicâ authoritate prohibetur , Neither the Old Testament nor the New , neither Christ nor his Apostles have forbidden the marriage of Priests . To which agrees that of Panormitan ; Continentia non est de substantia Ordinis , nec de jure Divino , 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 Antoninus , as who please may see in summa , part . 3. tit . 1. c. 21. Now then nothing remains to be considered but the practice of the Church , which how far it can oblige , I have already discours'd : but suppose 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 practice ; and yet if the practice might , here was no Catholick practice . For as for the whole Greek Church , the practice of that is drawn into a compendium by Pope Stephen . Aliter se Orientalium traditio habet Ecclesiarum , aliter hujus S. R. Ecclesiae : Nam illarum Sacerdotes , Diaconi & Subdiaconi matrimonio copulantur . The tradition of the Eastern Churches is otherwise then that of the Roman Church : For their Priests and Deacons and Subdeacons are joyned in marriage . I shall therefore adde no more to this confession but the Canon of the Council of Ancyra , which orders that if Deacons 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 Eastern Churches they always did exhort their Clergy to continence , yet they left it to their liberty , and they always took it . In the Latine Church , from the time of Pope Siricius , and the second Council of Arles , which Binius 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. Hierom , who to Jovinian , objecting the marriage of Samuel , answers , that this was no prejudice to the honour of the virgin-state , quasi non hodie quoque plurimi Sacerdotes habeant Matrimonia , & Apostolus describat Episcopum unius uxoris virum ; ] for the Apostle describes a Bishop the husband of one wife , and even at this day most Priests are married . S. Hierom 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 . S. Ambrose tells that in most remote or private Churches the Priests did use marriage : In plerisque abditioribus locis , cum ministerium gererent vel etiam sacerdotium , filios susceperunt . 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 Petrus Damiani was sent from Rome into France to persuade the Priests to put away their wives , they defended themselves with the Canon of the Council of Tribur in Germany , and with the words of S. Paul , To avoid fornication , let every man have his wife ; to which the Legate knew not what to answer . And when in the year 1074 Pope Gregory the seventh sent fierce letters to Germany about the same affair , the Arch-Bishop of Mentz , to whose conduct the businesse was committed , 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 England till the year 1100 it was not prohibited to the Clergy to marry , saith Henry of Huntingdon : but then Anselme endeavour'd to put the Popes letters in execution ; and 25 yeares after the Cardinal of Crema was sent over to the same purpose : but because he was taken in bed with an harlot , he got nothing but shame and money , and so went away . But at last , after the attempts * & pressures and tyranny and arts of an hundred and thirty years continuance ( for it began in 970 , and was not finished till An. Dom. 1100 , as † Polydor Virgil computes it ) the Clergy was driven from their chast marriages , & they took themselves to Concubines , whom they could change or multiply , and they found themselves undisturbed in that ; and so they rested , till God being long provok'd by their impurest services , awakened Christian Princes and Priests into liberty and holinesse and reformation . For amongst the Canons which are called Apostolical , the sixth severely forbids Bishops or Priests upon pretence of religion to put away their wives , ] according to the words of Christ , What God hath joyned , let no man put asunder ; and the words of the Apostle , Defraud not one another , unlesse it be by consent , and for a time . And therefore the Church of Rome , which makes orders to dissolve marriage , and commands Priests which before were married to depart from their wives , speaks and does against the practice of the Ancient Churches , and against the decrees of Councils , and the Canons of the Apostles , and the expresse laws of Jesus Christ. I end this with the saying of those in Mantuan , Tutius esse volunt quâ lex Divina sinebat Isse viâ , veterumque sequi vestigia Patrum , Quorum vita fuit melior cum conjuge , quam nunc Nostra sit exclusis thalamis & conjugis usu . The old primitives and holy Bishops and Priests in the first ages liv'd better with their wives , then now-a-days they doe without them ; and therefore it were better to tread in their footsteps , and to walk in that way to which we are pointed by the law of God. One thing I am to adde which is of material consideration . For every one observes in the story of the Church , that even then when they did permit 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 constitutions Apostolical attributed to S. Clement , Non licere autem iis , si post ordinationem sine uxore fuerint , ad nuptias transire : vel si uxores habuerint , cum aliis conjungi ; but they must be content with her whom they had at the time of their ordination ; but after orders they must not marry : and Paphnutius in the Nicene 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 . 1. Therefore the Primitive Church chose her Priests and Bishops commonly of great age , of known vertue and holinesse . They were designed 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 retain 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 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 commonly such as was past danger , and the publick affairs of the Church requir'd it , and the men were willing ; and then all was right . 2. The Greek Church , 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 Emperor Leo the sixth . So that this was but a circumstance of law , introduc'd for that which they apprehended to be decent : and in matters of decency , opinion is the onely measure . 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 offices and state of Priesthood . And this is affirm'd by Cajetan , Nec ordo in quantum ordo , nec ordo in quantum sacer , est impeditivus Matrimonii , Neither the order nor the appendant holinesse , that is , neither the office nor it's decency , are impeded by holy marriages . ] And therefore he addes [ that it can never be prov'd by reason or by authority , that if a Priest does contract marriage , he does absolutely sin ; because the Priesthood does not dissolve the marriage , whether contracted after or before ; stando tantum in iis quae habemus à Christo & Apostolis , that is , if we keep our selves within the limits of Christs Commandements , and the doctrine Apostolical . ] 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 suspected 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 Rome , 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 ordination . 3. But because there are some persuasions that will not be mov'd unlesse they be shewn some precedents and practices of the Primitive Church , 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 injoyne 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 . This I have already remark'd in the case of Deacons , who are permitted by the Council of Ancyra 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. Athanasius to Dracontius , 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. Athanasius answer'd him , that he 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 . Multi quoque ex Episcopis Matrimonia non inierunt ; Monachi contrà liberorum patres facti sunt , Many Bishops did not contract marriages . Now if none did , his answer to Dracontius had been more full , and would not have been omitted ; but therefore it is manifest that in his time some did . But Cassiodore gives an instance in a Bishop and Martyr that took a wife but a little before his Martyrdome , Eupsychius of Caesarea in Cappadocia . In illo tempore ferunt Martyrio vitam finivisse Eupsychium Caesareensem , ductâ nuper uxore , cum adhuc quasi sponsus esse videretur . He was first a Priest in Caesarea , but afterwards he was a Bishop ; and so he is called by S. Athanasius , who mentions Sylvester and Protogenes Bishops of Dacia , and Leontius and Eupsychius Bishops of Cappadocia , of which Caesarea was the Metropolis . This Eupsychius 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 Stephen having affirm'd that the Greek Priests , Deacons and Subdeacons are joyn'd in marriage , the gloss saies , Multi ex hac litera dixerunt quod Orientales possunt contrahere in sacris Ordinibus , Many from these words have affirmed that the Easterlings can marry in holy Orders . And it is also added by the glosse upon the same distinction , that the Greeks in their ordinations doe promise continence neither explicitly nor tacitly : 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 Trullo , 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 Trullo 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 Leo the sixth , as appears in his third Novel constitution before cited . The words are these , Consuetudo quae in praesenti obtinet , iis qui in Matrimonio conjungi in animo est concedit , ut antequam Uxorem duxerint , Sacerdotes fieri possint , & deinde biennium ad perficiendam voluntatem jungi Matrimonio volenti praestituit . 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 ordinations were engaged . it is evident it was not illegal or irregular , but an approved custome of the Church ; though before the end of two hundred years after the Synod in Trullo 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 Erasmus , who in his Apology against the Parisians saies that in Venice he saw a Greek Priest marry a wife : and in the history of Johannes Magnus I find these words , Wilhelmi Cardinalis prima cura & intentio fuit revocare Suecos & Gothos à schismate Graecorum in quod Presbyteri & Sacerdotes ductis publicè uxoribus consensisse videbantur , Cardinal William endeavoured to recover the Suedes and Goths from the schism of the Greeks , to which they seem'd to adhere when their Priests and Bishops did marry wives publicly . By which it appears the Greeks did so , since the others by so doing complied with them . And the Metropolitan of Russia in Sigismundus Baro 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 . But in the Latine Church it will be harder to find examples of Priests marrying after Orders . 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 Innocentius the second observ'd that every where Bishops and Priests , and the Religious professed did marry wives after they had purpos'd the contrary , and by a Decretal restrains it . And Ivo Bishop of Chartres tels of a Prelate that had two harlots ; 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 Paris who did actually contract marriage , and the Bishop held it rate and firm , that it was good and could not be dissolv'd : and we find that Aeneas Sylvius 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 therefore against public honesty because it did openly and secretly introduce dishonesty ; it had nothing of the requisites of a good law , it had no consideration 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 East , it was fought against and declaim'd and rail'd at in the West , and at last is laid aside in the Churches ( especially ) of the North , 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 . And the case is clear . Dominicus a Soto 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 admit 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 aemula continentiae , desirous to promote continence , 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 , 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 proved ) yet this was not because they disapproved the conjugal society ; for besides that the Scripture gives it a title of honour , and calls it purity ; it was also declar'd to be chastity in the Nicene Council , who did therefore leave married Priests & 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 Gangra . And it is evident that those who were admitted in the state of marriage to holy Orders did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beget children . S. Gregory the Divine tels it of his Father , Gregory Nazianzen , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 Gregory ; for Caesarius was his yonger brother . Baronius contends fiercely against this instance to convince 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 evident : for as Fabianus said , Bishops and Priests did for a thousand years together in the Church live with their wives , nullâ lege prohibente , no law forbidding it , that is , no law in force ; and the Council of C P. decreed , Si quis praesumpserit contra Apostolicos Canones aliquos Presbyterorum & Diaconorum privare à contactu & communione legalis uxoris suae , deponatur . 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 Dominicus à Soto is very good . If Bishops and Priests might use marriage , what hinders them from contracting marriage ? There is no undecency in the thing , therefore no inconsistency with Orders . Since therefore it is certain that the married Bishops and Priests not onely in the Greek Church , but even in the Latine , in Germany , in France , in England , 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 . There is but one thing more which I think fit to be considered in this affaire , 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 become a law unto themselves , 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 voluntary , 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 persecution , not an ordination , 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 . S. Augustin was taken at Tagasta and made Priest whether he would or no , but he was not married ; but another good man was . Pinianus , the husband of Melania , was ordain'd against his will and the tears of his wife . Paulinianus , the brother of S. Hierom , was first made Deacon by Epiphanius , 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 constrain'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 . 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 . So S. Cyprian advises the professed Virgins . 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 , meaning by their unchast lives . And Epiphanius expressly , Melius est lapsum à cursu palam sibi uxorem accipere secundum leges . 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 . The same counsel is given by S. Hierom , by S. Austin , and by Alfonsus Virvesius a Divine of the Roman Church . To which I shall adde nothing of my own but this , That if the holy vow of marriage , appointed and confirm'd and accepted by God , may yet be dispens'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 lawfully 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 Who can dwell with the everlasting burning ? 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 marriages a cause of irregularity , or incapacity of receiving holy Order , is nothing but a secret accusation and an open reproach to marriage ; * that it was not of use and avail in the primitive Church , Tertullian witnessing , apud vos digami ubique praesident , in the Catholic Church Bishops twice married doe every where govern ; that Cauterius a Spanish Bishop was twice married ; that S. Hierom affirms that all the world was full of such or dinations , not only of Deacons and Priests , but of Bishops , and that he could reckon so many as would excell the number of the Bishops conven'd in the Council of Ariminum ; * that S. Augustin 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 a schools ; * that the second marriage is as holy as the first ; * that it may be as necessary * and as usefull ; * that it is always as lawfull ; * that the Canon of the Apostle , that a Bishop should be the husband of one wife , 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 expounded by S. Chrysostom , Theodoret , b S. Hierom , and divers others , but especially by the Greek Fathers ; * that not onely the first marriages are blessed by God , but the second and the third , as S. Austin observes ; * that S. Clemens of Alexandria affirmed , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Digamy after a vow to the contrary is an irregularity , not for the contact and conjunction , but for the lye ; * that the Church of Rome does without scruple frequently ordain them that have been twice married , if they will pay the price appointed in the Chancery tax , 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 , because they suppos'd the end of all things was at hand : Crescite & multiplicamini evacuavit extremitas temporis ; * 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. Bernard ; * that second 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 permitted 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 Clergy , 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 Montanisme , and a product of the heresy of Tatianus ; * that Theodoret did ordain Irenaeus that was twice married ; * that he defends the fact by the consent and suffrages of the Bishops of Phoenicia , * & saies that he insisted in the footsteps of his Ancestors , * & produces for his precedent , Alexander of Constantinople , Acacius of Beroea , and Praylus of Caesarea , who ordained Domnus after his second marriage ; * that the chief of the Diocese of Pontus did so , * and all the Bishops of Palestine ; * that they accounted it holy according to the opinion and doctrine of their Nation , * for so we read in Maimonides , Although a man have fulfilled the precept concerning the multiplication of mankind , yet neverthelesse it is prescribed in the sayings of the Scribes , that no man should cease from the multiplication of his kind , so long as he can well continue it ; for whosoever shall adde a soul to Israel . 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 . * 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 chastity or continence is requir'd of a Bishop but the Matrimonial ; * that Abraham the Father of the faithfull was married again after the death of Sarah ; * that S. Joseph 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 article 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 a Aquinas , b Durandus , c Gabriel Vasquez 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 Haec ideo volui nostris intexere chartis , Ut quoties Patres… . coeunt Sint memores , magno ad leges opus esse ferendas Ingenio , multis oculis , examine recto . 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 . §. V. Of Ecclesiastical Laws of FAITH , or Articles of confession . RULE XXI . The Catholic Church is a witnesse of Faith , and a record of all necessary truths ; but not the Mistresse and Ruler of our Creed ; that is , cannot make any laws of Faith. IN our inquiries of faith we doe not run to the Catholic Church desiring her to judge our questions ; 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 appear to have been by the Apostles taught , & consigned to the Church , that is a law of faith . But of this I have already given accounts . * The Catholic Church , taking in the Apostolical , that is , the Church of all ages , is a 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 practice 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 contain'd in Scripture , she hath no article of faith . The consequent of this which I have largely prov'd and explicated in the place above cited , 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 doctrine , nor deliver a proposition with authority , nor oblige the conscience . But this Rule if it be understood of the Catholic Church of this or any one present age , 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 judicature or place of resort where a single person may goe for determination . And if a question be between Church and Church , as between Rome and England , the question is , which is the Catholic Church ; for indeed neither 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 partiality 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 follow God in simplicity and whithersoever he will lead them . But it is to be considered that the Church is a Net that hath in it ●ishes good and bad , 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● 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 dispute 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 opposite 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 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 concern 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 . But I shall not insist upon this , because it can be of no use in the conduct 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 Catholic Church which is the greater part , that may deceive us ; for in the days of Elias almost all Israel had corrupted himself , and in the time of the Arrians almost all the world was Arrian ; 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 informations 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 Roman 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 procession of the holy Ghost , as appears in their disputes & contrary narratives of these particulars . We cannot tell in England at this day whether the Lutheran 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 question , will signify nothing at all as to our conscience . Especially if to this we adde , that the Churches have got a trick of Empire and imposing their sometimes false , and always unnecessary articles 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 Trent and ask'd the Fathers , it would have signified nothing : for whatever their belief was , they were born down by the Congregations , and the Congregations by the Legates , and the Legates by the Pope ; and that 's the Catholic Church . It remains therefore that we are from the Catholic Church to expect no other determination of our questions , but by conveying to us notice of the doctrines Apostolical . And this is often and largely discours'd and taught by a S. Irenaeus , by S. Clement b in Eusebius , by c Tertullian , by d Origen , e S. Cyprian , f S. Athanasius , g S. Basil , h Epiphanius , i S. Hierom , k S. Austin , and l Vincentius Lirinensis : what they could derive from the fountains Apostolical by a clear chanel and conduit , that was first , and that was true , and that was in the rule , and that was the measure of faith . And therefore when in the Council of Ephesus the Epistle of Capreolus the Bishop of Carthage was read for the establishment of antiquity , and the reproof of the new doctrines , all the Bishops cried out , Hae omnium voces sunt , haec omnes dicimus , hoc omnium votum est . This was the voice of them all , they all said the same thing : and what was that which they all affirm'd , nisi ut quod erat antiquitus traditum , teneretur ? quod adinventum nuper , exploderetur ? saith Vincentius , that what is ancient and at first deliver'd , that should be held ; that which is lately invented should be exploded . 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 Apostolical . There is nothing else necessary , and nothing else is practicable . 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 belief . I Before * considered Councils as they had acquir'd an accidental authority by the veneration of their age , 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 Government , but now in order to faith : for Councils Ecclesiastical have pretended 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 authority : to which Councils can no more pretend for being General , then for being Provincial ; and to which great assemblies have no other title or pretence 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 . But yet they are of great use for inquiry and consultation : and therefore Eusebius speaking of Constantine the Emperour , says of him , Concilium generale tanquam Dei exercitum instruens , in unum locum coegit . A General 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 acies ordinata , terrible as an army with banners . Let them be as many as it happens , in the multitude of Counsellors there is safety ; that is , they are more likely to understand truth then single persons , for they are not so soon prejudic'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 instruments : 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 provinces , they heard what any one could say , they carried it to the General assembly , they compared it with the tradition and doctrine of other Churches , and all together were able very well to tell how the Apostles had taught the Churches of their foundation . And because the four first General 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 measures of heresy . Such use as this the conscience can make of the Ancient 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. Athanasius affirm'd of the Nicene Council , Siquidem Nicaena Synodus non temere habita est , ut quae habeat gravissimos usus & legitimam rationem . The Nicene Synod was of great use . They met about the question of Easter and the Arian heresy . Sed in negotio Paschatis non abhorruerunt ab istiusmodi appendice . Ibi enim placuit ut adderetur , Visum est ut omnes obtemperarent . De Fide verò non scripserunt , Visum est ; sed ad istum modum , Credit Catholica Ecclesia : & statim confessio ipsa credendi adjuncta est , ut ostenderent eam non esse novam sententiam , sed Apostolicam , & quae ipsi scripsissent non esse sua inventa , sed Apostolorum documenta . But in the matter of Easter , because it was a ritual , and the circumstance of time and the unity of order , 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 . To any other purpose neither the Council of Nice nor the Council of Ariminum 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 . But then let it be considered , to what the authority of a Council will amount according to the sentence of most men . The Doctors of the Church of Rome ( a few onely expected ) say that a Council , if it be not confirmed 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 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 Roman 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 ? where 's the difference ? This onely is it , That it is more likely a Council shall find out the truth , and report 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 . I should here have considered of what authority the writings of the Fathers are to the interpretation of Scripture and the conduct of conscience : 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 testimony who are the most Ancient , and because themselves disclaim any authority in matters of faith , and call to be tried by the word of God ; I had rather 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 intervening 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 * Cajetan on one side , and Melchior Canus on the other . He may also consider the saying of the † Bishop of Bitonto , that he preferr'd the sentence of one Pope before a thousand Hieroms , and a thousand Augustines & Gregories ; and that every side declines their arbitration when they speak against them : by which it appears that no side supposes themselves to be bound in conscience to follow them . But the best use of them is that which the Church of England hath describ'd in one of her ancient Canons , that her Bishops and Priests should teach nothing nisi quod ex doctrina Veteris & Novi Testamenti veteres Patres & Ecclesiae Episcopi collegerint , but what the Fathers & ancient Bishops of the Church have gathered out of the doctrine of the Old and New Testament : 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 Spalato de rep . Eccles. lib. 7. c. 6. to Rivet's Prolegomena to his Criticus Sacer , to Daniel Tossanus his Synopsis de legendis Patribus , to Gregory de Valentia his analysis fidei , to Bishop Morton his Catholick Apology , and to D Whittaker de Script , authoritate . In this whole affair the conscience is at liberty , and therefore I am here to inquire no further . RULE XXIII . Subscription to articles and formes of confession in any particular Church , is wholly of Political consideration . WHen forms of confession are made , & public articles established , it is of great concernment not onely to the reputation of the Government , 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 Deacons , by Prefects of Cities and Governours of Countries ; it was an instrument 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 Romans were so impatient , that they put to death a Noble Lady , Pomponia Graecina , utpote novae cujusdam religionis ream , saith Tacitus , as being guilty of a new religion . 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 Tacitus tells that Apudius Muraena was degraded from the dignity of a Senator because he refus'd to subscribe to the laws of Augustus . This is the same case , for subscription serves no other end but that which is necessary in Government . We find in Polydore Virgil that the Ancient Kings of England at their inauguration , Silicem tenebant juraturi per Jovem , se religionem & ritus Patrios retenturos , haec verba loquentes , Si sciens fallo , tunc me Diespiter 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 . 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 . For though it may be very fitting to subscribe a confession of articles , 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 manifestations of the truths of God. And therefore subscription ought to be so intended , 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 approve the articles over-written ; that he does at that time believe them to be such as it is said they are ; true , if they onely say they are true , usefull , if they pretend to usefulnesse , necessary , if it be affirm'd that they are necessary . For if the subscriber believes not this , he by hypocrisy serves the ends of public peace and his own preferment . But this whole affair is to be conducted with some warinesse , lest there come more evil by it then there can come good . And therefore although when articles are fram'd , the Sons of the Church ought to subscribe 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 Melanchthon . Ut sit igitur discordiarum finis , rectè facit potestas obligans homines ut obtemperent , quando alioqui parere est necesse , The supreme 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 . Beyond what is necessary or very usefull , 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 without 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 subscribe ; 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 . When articles are established without necessity , 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 Commandements : but if the conscience cannot be bound to the article , and the profession 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 imposition . Socrates was wont to say , Sacramentum oblatum duabus de causis fide firmandum : vel ut teipsum à turpi suspicione liberes , vel ut amicos ex magnis periculis eripias . When you are requir'd to give faith and security by a sacrament , 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 consciences : in which cases the Ecclesiastic state hath no power to give Commandements ; and if the Civil state does , they oblige to suffering calamity , but not to any other conformity , and then it is a direct state of persecution . Upon the account of this Rule it hath been of late inquir'd , 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. But to this the answer is easy , if subscription does signify approbation ; for in that case it is hypocrisy , and a denying to confesse with the mouth , what we believe with the heart . 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. Lubens & ex animo subscripsi : that 's our form in the Church of England . Consentiens subscripsi : so it was in the ancient Councils , as S. Austin 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 intention of the Superior be to require our assent to be testified by subscription , he that subscribes does professe his assent , and whatever he thinks himself , it is the intention of the imposer that qualifies the subscription . S. Austin tels of a Senator that upon his parol went to treat for his ransome or exchange , and promised to return to them again in case he could not effect 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 Roman 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 . But the effect of these considerations will be this , 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 . But if for temporal regards the supreme power doe require subscription , those temporal regards must be complied with , so that the spiritual interest 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 . And at last , 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 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 charity , or of a phantastic concord , yet it cannot serve the ends of truth and holinesse , and Christian simplicity . CHAP. Vth . Of Laws Domestic : or the power which Fathers of Families have to bind the Consciences of their Relatives . RULE I. Children are bound to obey the laws and Commandements of their Parents in all things domestical , and in all actions personal relating to the family , or done within it . THE word of the Commandement is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies to be or to make weighty ; but in Piel it signifies to honour , that is , Honour your Parents , and doe not lightly account of them : But in Levit. 19. 3. the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fear thy Mother and thy Father . They signify the same event of things , for a reverential fear is honour , and they both imply obedience . 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 said the Greek Comedy , Suppose your Parents to be to you as God. Haec enim paternitas est nobis Sacramentum & imago Divinae paternitatis , ut discat cor humanum in eo principio quod videt , quid debeat illi principio à quo est , & 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 : and Plato saies there is no image by which we can worship God so well as our Fathers , 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 duty . Parentes not amare , impietas est ; non agnoscere , insaniae . For as there are two great crimes which we commit properly against God , Impiety or Irreligion , and Atheisme : 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 Virgil , Huc Pater O Lenaee veni — Servius 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 , according to that of Menander , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He that reviles and speaks evil of his Father * , does blaspheme God ; for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . God is the Great Father of the world , and therefore he hath by greatest religion immur'd the Fathers honour . Et Jovis imperium & chari praecepta parentis , Edocet… . Next to God is our duty to our Father . 2. The second endearment of our duty , obedience and regard to parents , is gratitude ; which here hath the greatest obligation , and is to this purpose remark'd by all laws and by all wise men of the World. Omnis in Ascanio chari stat cura Parentis . 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 Suitas 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 ; Charles the second , the Emperor , 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 torment of his son , the Father is said to be confessus in tormentis , said Baldus , he confessed in his own torments . And as long as the Son is in prison , the Father 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 & 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 . 3. The third endearment of childrens obedience is the power of blessing and cursing which God hath given to Parents , and which himself by his providence and great Oeconomy will verify . The Fathers blessing establisheth the houses of children but the curse of the Mother rooteth out foundations , saith Ben-Sirach . And S. Paul exhorting children to obey their parents , saies it is the first Commandement with promise , that is , the first to which any special promise is annexed , the promise of longaevity in the land of promise . Benedictio merces obedientiae est , saith Elias Cretensis , 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 signification , Honour thy Father and thy Mother that they may prolong thy days upon the Earth ; that is , saith Paulus Fagius , 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 ; insomuch that Ezekiel reckons their disobedience to their parents to be to the Jewes the cause of their banishment from their own Country . Suidas tells that Leontius the Bishop of Tripolis in Lydia seeing his onely son of an ill nature and apt to mischief , prayed to God that his son might die yong , lest he should fall into impiety : and God heard the Fathers prayer . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The curses of parents are grievous upon the earth . And this was observed among the Heathens in the sad examples of the children of O Edipus , Amintor and Theseus , who grew miserable upon their Fathers curses ; and therefore Telemachus was afraid to cast his Mother out of Ulysses 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 reveal their turpitude , their follies and dishonours . To these I need not adde their natural necessity , 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 . 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 asking 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 behind him , and returning with shame and smart to his old Father said to him , Mi Pater , si paruissem monitis tuis ungulas non amisissem , I had not lost my nailes if I had obeyed my Fathers commandement . For the commandements of parents being for the good of their children , he cannot be prosperous that will not obey his Father . That was their meaning . But concerning the duty it self there is no question ; nothing is plainer , nothing is easier : but concerning the limits and administration of this power there is very great difficulty ; the Scripture speaking either indefinitely or universally , either of which does equally need a limit and specification . Children , obey your parents in all things , saith S. Paul : 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 the world is represented as universally , Liberi quacunque in re parentibus dicto audientes sunto ; and he in the Comedy , Pater adsum , Impera quodvis , neque tibi ero in mora , Here am I my Father , Command me any thing , neither will I resist . 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 . Of Reverence to Parents . And first it is certain whatever can be signified by honour and fear and reverence is the duty of children ; that is , so far as to think honourably 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Above all things have your parents in honour : and this is to be express'd according as the parents shall require , and according to the customes of the nation and the most pious and obedient in it ; for vultu quoque laedi pietatem , was an old rule , A child may be rude and undutifull in his very looks ; and he deserves to be punished with blindnesse , qui parentum vultus torvo visu despexerit , & elatis oculis laeserit pietatem , saith S. Hierom , who by proud looks and scornfull eyes is impious to his parents . But this duty is well describ'd by Theophilus to Autolycus , Sanctum & laudabile censetur , non solùm apud Deum sed & apud homines , videlicet ut in simplicitate & absque omni malitia subjiciamur parentibus . Children must be subject to their parents without all malice perversenesse , and in all simplicity , that is , ●ngenuity of words and manners . And when Ptolemy asked one of the 72 translators of the Bible how a son should pay due thankfulnesse to his parents , he was answer'd , Si nullâ re illos tristitiâ affeceris , If you grieve them in nothing . That 's the surest measure . The next thing that is also certain in this is , that all the good Counsels and precepts of holinesse and wisedome which the parents give , it is necessary 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 , Feceris par tuis caeteris factis , Patrem Tuum si percoles per pietatem . Nolo ego cum improbis te viris , Gnate mi , neque in via , neque in foro ullum sermonem exequi . Haec noctes diesque tibi canto ut caveas … . .meo modo , & moribus vivito antiquis : Quae ego tibi praecipio , haec facito : haec tibi Si mea Imperia capesses , multa bona in pectore consident . 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 submit to my government , good things shall dwell within you . But we find amongst the Ancients some little instances of this honour and reverence besides obedience specified . The Ancients would not without leave goe from the presence of their Father : so he in the Comedy , — neque latebrosè me abs tuo Conspectu occultabo — * They would not conceal from their parents the entercourses and accidents of their youth , their amours , their mistresses , their designes of marriage , their little plots , and advantages or disadvantages . Quae fert adolescentia Ea ne me celet consuefeci filium : 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 . Nam qui mentiri aut fallere insuerit Patrem , aut Audebit , tanto magis audebit caeteros . He that lies before his Father dishonours him , and commits two sins ; he transgresses two commandements . * Adde to this , they counted it impiety to steal any thing from their parents . Egon ' Patri surripere possim quidquam tam cauto seni ? Atque adeo si facere possem , pietas prohibet . That is , whatever was a single injury if done to a stranger , 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 particulars . But there is one great measure more , 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 Civil law ; that is , there are some duties which children doe owe to their parents , which are primely and indispensably necessary , others which are specifications and instances of a general duty , but such which may suffer increase and diminution , but are necessary by virtue of a Divine Commandement 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 becoming laws , and are reduc'd under the Category of their proper vertues . 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 Castigation and Piety . 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 . IN the laws of Romulus and Numa , 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 , nothing 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 . Quicunque patrem timet ac reveretur , Hic in bonum civem evadet proculdubio , said Timocles , He that fears and obeys his Father , without a good citizen * . And therefore it was observed by Dionysius Halicarnasseus that amongst the Greeks , Contumacy , Impiety and Parricide were very common ; and he gives this reason , because Charondas , Pittacus and Solon did by their laws give the Fathers no great power over their children . But I said that the Romans did , and those great examples of Titus Manlius , C. Flaminius , C. Cassius , who put their sons to death , were indeed very severe , but did imprint great terrors upon all the Roman youth . Bodinus thinks this to be a natural and unalterable power ; and Aerodius supposes that God would not have commanded Abraham to kill his son , but that it was a part of his ordinary and inherent power ; and when Judah commanded his daughter in law Thamar 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 paternal power is the fountain of the Royal ; and Abimelech was nothing but the King my Father . But when families were multiplied , 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 Moses so to order this affair , that the Fathers power should not be diminished , & 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 , rebellious , disobedient , a glutton or a drunkard , all which are personal crimes , and against the private authority and counsel of the Father , 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 & gluttony were in no other cases capital in the law of Moses , but when joyn'd with rebellion or disobedience to their parents . And like to this proceeding in Moses law was the processe in the Persian Monarchy . For Aelian tells that when Rhaco the Mardian brought Cartomes his son with his hands bound behind him to Artaxerxes , desiring that the Prince would command him to be slain , because he was impudent , he was naught , he was a villain ; the Persian 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 exorbitant , though it be a part of the body I cut it off ; and so I doe to whatsoever 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 French Annals that Stephen Boslée the President of Paris impal'd a yong fellow because his Mother said that she could by no arts or labour keep him from being a thief . But this went off very much in the manners of men ; and children were by other means restrain'd ordinarily , before things were brought to that extremity ; 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 unchast 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. Paul , We have had Fathers of our flesh which corrected us , and we gave them reverence : and Ben-Sirach teaches us , In opere & sermone & omni patientia honora Patrem tuum , Honour thy Father in thy work and in thy word , and in all patience , so the Vulgar Latin reads it ; that is , suffer what he imposes upon you : and this was it which the yong Greek that Plutarch speaks of had learn'd in Zeno's school , Didici Patris iram ferre ; I have learn'd ( saith he ) patiently to bear my Fathers anger . The authority is plain ; the measures of it are onely , that it be done for amendment ; that is , that it be discipline , not anger and revenge , and that it be done with charity and moderation , which is signified by S. Paul , Parents , provoke not your children to wrath ; which precept he repeats , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , give them no opprobrious words , no contumelious and provoking language , and therefore much lesse any cruel and undecent castigations . Pudore & liberalitate liberos Retinere satius esse credo , quam metu . Hoc patrium est , potius consuefacere filium Suâ sponte rectè facere , quam alieno metu . Hoc Pater ac Dominus interest : hoc qui nequit , Fateatur se nescire imperare liberis . A Master governs by fear , & a Father by love , & 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 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 Fathers 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. Ambrose his expression , ne laesa pietas Patris ulciscatur se exhaeredatione vel abdicatione contumacis generis , a power of disinherison is not to be us'd for every great offence , much lesse for a litte . Pater , nisi magnae & multae injuriae patientiam evicerint , nisi plus est quod timet quam quod damnat , non facile accedit ad decretorium stylum , said Seneca , A Father will not easily proceed to an exterminating sentence , unlesse great and many injuries have quite overcome his patience . Nor then neither , unlesse he fear worse things then those which he already blames . For , as Quintilian observ'd well , this power was not given to Fathers but when their sons are incorrigible . Fulmen istud Patrum adversus ferociam adolescentiae datum est , adversus filios qui peccare plus possunt . 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 , sine causis multis , magnis & necessariis ( as Cicero 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 according 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 passion , and the Father by his own . 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 . THe Lawyers define the Paternal power to be jus moribus legibusque constitutum , quo Patri in filium bonaque ipsius plenum jus olim tributum fuit ; a full right upon his son and his sons goods introduc'd by laws and customes . Now this full right is alterable by the Civil law of any nation : that is , whereas amongst the Romans whatsoever the son acquir'd , he acquir'd it not for himself , but for his Father ; this may determine sooner or last longer , according to the appointments of law , for the heir so long as he is a child differs nothing from a servant , and therefore if the law please , may be us'd accordingly ; and when the law hath so appointed , the Conscience is bound by it . But that which is not alterable by laws is that which is the natural and necessary duty , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : the Pharisees that taught the children to cry Corban , it is a gift , and therefore out of it the parents must not be profited , he calls it a not honouring the Father and Mother ; and the double honour which S. Paul commands to be given to the Elders that rule well is instanc'd in the matter of maintenance . And this the Heathens had . So Hierocles , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Let us greatly honour our parents , affording them the ministery of our bodies and the use of our wealth most chearfully . But this Cicero limits to the necessaria vitae praesidia , quae debentur his maxime , the necessary aides of life ; that is , what is for their support , to keep them from need and shame , according to the quality of the parent and ability of the child : so that this be first respected , and then that , saith Bartolus . To this purpose is that of S. 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 ? This the Romans did resent so deeply , that they made a law that if a son that was emancipated or quitted from his Fathers government did deny aliment to his indigent Father , 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 between the Father & 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 Bandito , or an Out-law , that is , though he have lost all civil rights , because no Civil power can prejudice a Divine Commandement . Plutarch tells that by Solon'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 whereon 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Aristotle . Something else is to be considered besides the advantages of education : 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 . But if the case be such as divides the duty , and the money cannot be divided , what shall then be done ? Marco Tomaso a tradesman in Venice had a Father and a Son , both lame , both in great necessity . The Father lost all his goods to the Turks , and the son had rowed in the Gallies till all his strength and health was gone : but the poor Cutler ( for Tomaso 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 Tomaso'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 amor descendit , non ascendit , is to be understood quoad ordinem dilectionis , non quoad effectum obligationis . Love does 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 . And this indeed by the help of the Civil laws brings this rule to an instance of Paternal power ; 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 , — Et tandem demissa in viscera censu Filia restabat non isto digna parente : Hanc quoque vendit inops . And Eusebius tells it was done in the time of Maximianus the Emperor ; and the Prophet Jeremy brings in the people complaining in a time of famine , Our sons and our daughters are too many , let us take corn for their price , that we may eat and live . 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 omission of which all the world hath observed great marks of the Divine displeasure , expressed in judgments , and particularly of immature deaths ; so Homer observes of Semoisius — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He refus'd to nourish his loving parents , and therefore he liv'd but a short life . One particular more is to be added , and that is , if an indigent Father have a rich Father living and a rich Son , although both are oblig'd to nourish 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 other difference in it . But if the rich Father refuses he is worse then an Infidel , 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 actually upon the Son by reason of his Paternal power , that is , he may so order 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 . RULE IV. The Fathers power does not extend to matter of Religion , and persuasions of Faith. IN the law of the XII Tables it was written , Sacra privata perpetua manento , that the private Religion of a family should not be alter'd : which Cicero 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 ; and the lawyers say , that Filii sunt in sacris parentum dum sunt in eorum potestate , Children are within the holy rites of their parents while they are in their power . 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 capable of malice and perversenesse , when he is judicable by external and public 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 Moses , it was a school-master to bring us unto Christ , so it is true of the Imperium domesticum , the Fathers government , 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 prerogative 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 in ●acris Parentum * , they have power , a natural and proper power to breed up their children 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 . But this is so to be understood that the religion of the Son must at no hand prejudice the Fathers Civil rights , so that he must not quit his Fathers house , if he be under his Fathers power , and by the laws o● his country be oblig'd under that government . Vigoreus in his Sermon of S. Martin , tells that S. Martin being but a Catechumen and yet unbaptiz'd did still abide with his Father and Mother though they were heathens , and he neverthelesse 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 . And therefore Marius Victor observes of Abraham , Verum mente Deum venerans , Gentilia Sacra Aversatus erat — 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 . Linqueret ut sedes patrias , terramque nocentem Pollutamque domum , nisi postquam morte parentis Jussa sequi jam posse Dei sine fraude licebat . 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 . There is onely this variety to be added , that when either of the parents 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 . This is practis'd in the Countries of the Roman Communion to evil purposes ; and if the Father be a heretic in their account , they teach their children to disobey their parents , and suppose heresy to destroy the Fathers 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 . RULE V. The Fathers power over the children can remit an injury done to them , without their leave or consent . THe reason of this depends upon the former considerations , 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 actions of injury for his own amendment . But this is to be limited onely to the effects of law and external Courts and trials of right , or external actions of injury . For although a Son cannot repeat what the Father hath legally acquitted , yet if it be a personal action , in which charity and peace are concerned , the injurious person is bound in conscience to ask the Son forgivenesse , upon the account of S. Paul's words , Follow peace with all men and holinesse , and , for as much as is possible live peaceably with all men ; which no man can be said to doe who hath done wrong to a person , to whom he will not doe right . For besides 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 naturally 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 remit ; but in the personal there is something of proper concernment . This is also to be limited to an entercourse with extraneous persons , 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 power . 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 actions 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 . Lastly , this Rule is so to be understood and practis'd , that it be no prejudice 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 such cases the Judge may inquire , but the Son without the Fathers leave may be no voluntary accuser . 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 . THe Son after his Fathers death is as much lord of his person and his estate as his Father was : and therefore although all the actions which the living Father did , which by law or the nature of the thing have a permanent 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 subject 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 . But though the Fathers authority be extinct , 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 . Herodotus tells that the Issionides , a people of Scythia , 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 veneration 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 Tertullian tells of the Nasamones , that they took their oracles at the graves of their Fathers , as supposing the souls of their Progenitors to have some right or care to conduct their children . But it was a pretty story that AElian saies the Brachmanes tell of a certain King of the Indians that had many Sons , who being all of them ( the yongest onely excepted ) 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 piety goes before , whatever duteousnesse or observance comes afterwards it cannot easily be amisse . Piety sometimes does more then Authority can . Plus potest patria potestas in liberos quam lex , legi●ve , aut summa Dictatura , say the lawyers ; A Father or a Mother can prevail , when a Consul or a Prince cannot . Cum Martius Coriolanus pergebat infesto agmine adversus Patriam , quis illi arma succussit è manibus nisi una Veturia ? saith the Roman story . Coriolanus took up armes in rage against his Country ; and no authority could disarme him but his piety to his Mother Veturia . 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 indirect obligation ; that is , if they be transgressed without reason , they cannot be transgressed without impiety . It is certain , God is pleas'd with this obedience of piety , as is apparent in the case of the Rechabites ; 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 . Philotimus of Athens 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 impotent desires , he should be sure not to court or to fall in love with Paegnium . Philotimus dies , and Philodectes 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 Philotimus 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 . And Pausanias telling of a Father who meeting his Son in Charon's 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 . And this is of so much the greater regard , if the Father charges it upon the Son upon his blessing , and with great imprecations : for then unlesse the Father be evidently a light or trifling person , there is to be supposed 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 effect 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 . 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 . THis Rule although it seems to contain in it nothing but what is ordinary and confessed , because God is rather to be obeyed then Man , and amongst men the supreme rather then the superior ; yet I have here describ'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 general proportion of the Fathers power and the Sons piety , and also very much endear the obedience and piety of children . When Bias had discoursed well and wisely that God was present in every place , 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 . And upon such a trick as this some in A. Gellius 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 authority 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 . A. Gellius instances , in militiam ire , rus colere , honores capescere , causas defendere , uxorem ducere , uti jussum proficisci , accersitum venire , to goe into the country 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 innocent and harmlesse , but not necessary of themselves ; propterea in ejusmodi omnium rerum generibus patri parendum esse , In all things of this nature we are to obey our Father . But adde this also , that if it be of it self a duty , and of that nature that it ought to be done sive imperet Pater , sive non imperet , whether his Father command or no , 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 . But in things dishonest and impious the Father hath no authority to give a commandement ; 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 , obsequendum est ; 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 Catiline or Clodius , for Ravillas or Guido Faux , he is not to be obeyed , quoniam accedente aliquo turpitudinis numero , desinunt esse per sese haec media & indifferentia , When any turpitude is mingled with the action , it is no longer indifferent , or subject to command . And therefore we find Acrotatus commended among the ancients 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 . And yet if a Father commands an unjust thing , 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 . Quaedam esse parendum , quaedam non obsequendum , said some in A. Gellius . Sed ea tamen quae obsequi non oportet , leniter & verecunde , ac sine detestatione nimia , sine opprobratione acerba reprehensionis declinanda sensim , & relinquenda esse dicunt , quam respuenda . What is not fit to be obeyed , must be declin'd and avoided rather then rail'd at and rejected with reproach . Etiam in bona causa filii apud parentes debet humilis esse oratio , said Salvian . When a Son denies his Father he must doe it with the language of obedience . Such as was the answer of Agesilaus to his Father when he would have had him to give judgement against the laws , A te , Pater , à puero didici parêre legibus , quamobrem nunc quoque tibi obtempero , cavens nequid faciam praeter leges , Thou hast from my childhood , O Father , taught me to observe the laws ; therefore 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 . Liberto & filio semper honesta & sancta persona Patris & Patroni videri debet , said Ulpian , The person of a Father is always honest and venerable to the Son , and so is that of a Patron to his freed man. 2. Though the command is not to be obeyed in things dishonest , 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 punishment is something the more easy upon that account , though the offence be great , l. fin . de bon . damn . But if the offence be little , he is wholly excus'd saith the law , l. liberorum . § . fin . & seq . de his qui no. infam . 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 . Velle enim non creditur qui obsequitur Imperio Patris vel Domini , saith the law ; and Venia dignus est qui obtemperavit , saith Ulpian : 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 diminution . 3. 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 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 . 1. In Religion we are to consider not onely what is lawfull in the precise question , 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 complain 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 indeed 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 infirmities 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 unlawfull 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 forbear , 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 Father 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 legally to complain : because in all other things he is intirely under his Fathers power . But when he is emancipated , and quit from his direct authority , which the Lawyers signify by the power of Castigation , 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 , That in matters of contract , 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 cursings 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 thousand 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 . 2. 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 ; Omnibus quae Pater imperat parendum , 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 Tiberius said it without a limitation , Filium non posse detrectare jussa Patris ; and Turnus against Tarquin said summarily and clearly , Nullam breviorem esse cognitionem quam quae inter Patrem & Filium , paucisque verbis transigi posse ; Ni pareat Patri , habendum infortunium , 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 diminution of such supreme authorities , to have exceptions and reservations express'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 . In comparatione personarum inest laesio & injuria , say the Lawyers ; There is some wrong done when you compare two Eminencies . Therefore in this case , if ever any such thing does happen , without 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 between the Father and the Son , the law is so great an enemy to all such questions , 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 . Jus quod deprimitur , aufertur ; if you lessen the authority , you take it away ; and then you doe injury , though by doing of right . When Accia Variola 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 . RULE VIII . It is not lawfull for Children to enter into any lasting Course of life against the will or approbation of their Parents . THis Rule contains two great Cases . The first is concerning the states of Religion ; the other is concerning the states of Civil life . 1. It is not lawfull for children to take them any religious vows , or enter into any of those which are called states of Religion , viz. to take upon them the state of single life , to be Priests , Monks , Friers , Hermits , or any thing of the like nature , without the consent of their Parents . Thomas Aquinas entred into the Dominican Order , and became a Frier without the consent of his parents : and that unjustifiable action begat a more unjustifiable doctrine , Post annos pubertatis posse liberos se voto religionis obligare , absque voluntate parentum , 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 , or a pregnant youth into their cloysters , they pretended 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 sanctity 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 Corban ; 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 biggest 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 others right . Against all these fair pretences it is sufficient to oppose this one truth , 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 duty . 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 remember 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 rather 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 . Now then , 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 considerations : and therefore without further inquiry , it follows that a Son may not upon any pretences of a religious manner and circumstances of life subduct himself from his Fathers power , and put himself under other governments 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 ; & therefore if he does subduct himself , he is undutifull , and impious , & unjust , and does not Honour his Father and his Mother . But he that does persuade the Son from his Fathers house into a Monastery , is reus Plagii , he is a Man-stealer . Qui Patri eripit filium , educatori alumnum , Domino servum , Deo efficit impium , educatori ingratum , Domino nequam , said Tertullian , 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 Gangra forbad it upon a curse . Quicunque fil●● à parentibus pratextu Divini cultûs abscedunt , nec debitam reverentiam impendunt illis… . anathema sint . 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 〈◊〉 cited and renewed in the sixth Council of Constantinople . * The Council of Tribur forbids expressely a yong maiden before twelve years of age ●o enter into a Monastery without the consent of her Guardian . Gratian 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 . Si verò in fortiori aetate adolescens vel adolescentula servire Deo elegerit , non est potestas parentibus prohibendi , If the yong man or maiden be of greater age , the parents have no power to forbid him : which ●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 apparently against the doctrine and practices of the Fathers of the Church . S. a Ambrose and S. b Austin say that a Father or Mother ought not to hinder a son or daughter from entring to a Monastery . But the ▪ 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 priscae liberaeque vitae ac pure Christianae meditatio , a meditation and institution of a Christian life according to the rate of the Primitive simplicity , 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 ▪ and they may if they will ; as appears amply in S. Austin's Epistle to Ecdicia , and in his 233. Epistle to Benenatus . But most plainly and dogmatically it is affirm'd by S. Basil , liberos non esse recipiendos in Monasteriis , nisi à parentibus suis offerantur , Children are not to be receiv'd into Monasteries unlesse their parents present them : and when S. Gregory Nazianzen 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 . Et hoc facio ( saith he ) jussu Dei magis quam hominum metu . Itaque , O pataer , dicto jam audienti praeb● benedictionem . This he did in obedience 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 Heliodorus , who together with S. Hierom 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. Hierom , who was then a yong man , newly come from the University 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 Nepotian , where he imputes his former sayings to his juvenile years and learning . Now though Heliodorus had no parents when he undertook a Monastical life , and therefore had his liberty ; yet it is therefore 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 material . Stagirius was made a Monk , not against his Fathers commandement , but against his Counsel . The Father was very unwilling , but durst not expressely forbid it , upon some scruples which were put into his head by the humors which were then beginning . But because he had neglected his Fathers Counsel , and caus'd trouble to him , Stagirius was vexed with the Devil , and S. Chrysostome 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 , Charles the Great made a law concerning it : De pueris verò sine voluntate parentum ut tonsurentur , vel puellae velentur , modis omnibus inhibitum est , Boys must not be shorn nor maidens vail'd without the consent of their parents . And to the transgressors of this law a fine was impos'd , the same with that which was appointed in the Salic law * ; which did equally forbid them to be slain and to be shorn . For by religious pretences not to doe kindnesse to their parents our Blessed Saviour called hypocrisy 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 Hypocrisy , and dishonouring our parents : It is that which the Church does call an anathema , which the Laws call plagium , or man-stealing : It is homicide in the account of the Imperial laws : and S. Bernard calls them wolves that doe it , in his first Epistle , which , as the story runs , was not written without a Miracle . The other great case is in the Marriage of their Children , concerning which the sentence is ready and acknowledged in the greatest part of it . 2. It is unlawfull for Children to marry without and against the consent of their Parents . That such marriages are not licitae is confess'd on all hands ; that is , the son or daughter sin against God and the laws , by marrying against his Fathers Commandement . Adeone impotenti animo esse , ut praeter civium Morem atque legem , & sui voluntatem patris , Tamen hanc habere studeat , cum summo probro ? 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 legitimae 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 . Amongst the Ancients , and for a long time in the Civil law , such marriages were esteem'd illegitimate , and no better then a meer Concubinate . So Ovid intimates in the marriage of Pyramus and Thisbe ; — Tedae quoque jure coissent , Sed vetuere patres — 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 Apulcius is more expresse ; Impares nuptiae , & praeterea in villa sine testibus & 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 . And Musaeus observes in the marriage of Leander , that it was ominous and unlucky upon this reason , because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Father and the Mother did not sing the Hymenaeal or Marriage song The same thing was observ'd also by the Christians ; for when Tertullian is recounting the auspicious signes and causes of a blessed marriage , he puts this in , Unde sufficiam ad enarrandam felicitatem ejus Matrimonii quod Ecclesia conciliat , & confirmat oblatio , & obsignatum Angeli renunciant , Pater rato habet ? That marriage will be very prosperous which is blessed by the Church , made solemn by publication and the rituals of religion , and establishe'd by the consent of the Father . For without it it is not onely inauspicious and unlucky , but illegal , unfirm and insufficient . Nam nec in terris filii sine consensu Patrum ritè & jure nubent , saith he . For he liv'd in a time when the law pronounc'd such marriages illegal , and the children bastards . For as some contracts are invalid unlesse the solemnity of the law be observed , and Testaments are ineffective without such a number of witnesses ; so the law requires the consent of Parents to make the espousals to be a legal and valid contract . Non videri justum filium qui ex eo Matrimonio natus est cui Pater non consensit , said Paulus 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 Constantine , that daughter might not marry without the leave even of that unnatural Father . And amongst the children of Abraham this was so sacredly observed , that even there where by the event of things we perceive that the marriage was design'd by God , yet it was not to be acted but by the Fathers willingnesse ; as appears in the cases of Isaac and Rebecca , Sampson and his wife at Timnath . Thus Agar took a wife for her son Ishmael , and Jacob went into Mesopotamia for a wife by the consent of his Father and Mother ; and Sichem ask'd of his Father Hemor that he would get him the daughter of Jacob to wife . And the words of the Law were directed to the Father , not to the Son ; Non accipies Uxorem filiis tuis de filiabus eorum , & filiam tuam non dabis filio ejus : and in the New Testament , He that giveth his Virgin in marriage doth well : still it is the Parent that hath the right and the power ; it is the Parent that can make the contract ; he is the person suppos'd onely competent in law . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Hermione in Euripides , My Father is to take care of my espousals ; that 's no part of my care or determination . And S. Ambrose , by the example of Rebecca , said that the choice of a husband for his daughter is to be permitted to the Father . And indeed by these instances and the perpetual practice and persuasion of the old world we cannot suppose it to be lesse then a Natural law , or a natural reason , of great effect , or of great necessity . When the daughter of Cyaxarus was ask'd whom she would marry , she answer'd , Cyrus ; 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 Media for her dowry , Cyrus answer'd , Et genus & puellam & dotalia laudo , I like the Lady , her dowry and her family , but I must have these agree with the mind of my Father and my Mother , and then I will marry her . For ( as Panaegyris in Plautus told his sister ) 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 : and Simo would not allow Pamphilus to call him Father , when he disobey'd him in this particular , Quid , mi Pater ? quasi tu hujus indigeas Patris . Domus , Uxor , liberi inventi invito Patre . But Pamphilus in despite of his passion , suffered his duty to prevail , Tibi , Pater , me dedo : quidvis oneris impone , impera . Vis me Uxorem ducere ? hanc vis amittere ? ut potero feram . Pamphilus offer'd to quit Glycerium 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 Greeks and Romans . Nuptias consistere non posse nisi consentiant omnes , hoc est , qui coeunt , quorumque in potestate sunt , saith the Law , Inst. de Nuptiis . ff . de ritu nuptiarum . And in the Jus Graeco-Romanum there is an expresse Canon , Qui in aliena potestate sunt eorum pacta nihil habent firmi : propterea quae citra voluntatem nuptiae fiunt eorum penes quos potestas est , pro scortationibus habentur . This is peremptory . Such marriages are fornications , and therefore the children are Bastards . And of this Justinian gives this account , Just●●● . 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 consent in whose power they are . Nam hoc fieri debere , & civilis & 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 . Thus it was in the Natural and in the Civil law ; 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 Euaristus ; Aliter legitimum non sit conjugium nisi ab iis qui super ipsam foeminam dominationem habere videntur , & à quibus custoditur , uxor petatur , & à parentibus & propinquioribus sponsetur , & legibus dotetur . Euaristus 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 consent of parents ; and aliter legitimum non sit , it cannot otherwise be legitimate : and he addes , aliter verò praesumpta non conjugia , sed adulteria , vel contubernia , vel stupra aut fornicationes potius quam legitima conjugia esse non dubitatur , Marriages without the consent of parents are adulteries and ravishments , fornications and concubinate , any thing rather then marriages . To this accords that Canon of S. Basil , Puellis quae praeter Patris sententiam fornicatores secutae sunt reconciliatis parentibus videtur res remedium accipere : sed non protinus ad communionem restituentur , sed triennio punientur . 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 Theodorus Balsamon saies , that by [ Puellis ] or Girles , S. Basil 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 . But S. Basil is also as expresse himself in his text as Balsamon in his Commentary , for in his 40 ●h Canon he saies that marriages without the consent of them in whose power they are , are fornications and not marriages . And therefore the Council of Carthage 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 day observed in the Church of England . For according to the saying of S. Leo , Paterno arbitrio foeminae viris junctae carent culpâ ; If maidens be joyn'd to their Husbands by the consent of their parents , there is then nothing but innocence , no body hath cause to complain . But that 's not all . For Gratian expounding these words , saies that from hence [ datur intelligi quod Paternus consensus desideratur in nuptiis , nec sine eo legitimae nuptiae habeantur ] we are given to understand that the Fathers consent is requir'd , and without it the marriages are not to be accounted legitimate : and for it he quotes the words of Euaristus before mention'd . But the Council of Aquisgrane 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 , as we find in Burchard ; and the same was verified in the Council of Melda , which for it's warrant quotes a synodal definition of S. Gregory to the same purpose . The Church was indeed very severe against such undutifull proceedings and rebellions against the supreme natural power ; and therefore the Council in Paris & divers others did anathematize them that so married , & 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 sufficient . 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 factum valet , fieri non debuit , it was decreed in the Council of Trent to be valid and effectual . But now this sentence which indeed relies upon some reason and very great authority , 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 represented upon the general consideration , I shall endeavour to give it a right understanding , 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 determinable by a just weighing of all that which very many wise men have said , being put together . First therefore I consider what Quintilian said : If it be lawfull at any time for a son to doe an action otherwise unreprovable without the consent of parents , certainly liberty is in nothing so necessary as in marriage . Ego eligam cum qua victurus sum , ego comitem laborum , sollicitudinum , curarum ipse perpendam . Quis enim amare alieno animo potest ? 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 affections but his own . And if Pamphilus can love none but Glycerium , it will be hard for Simo , whose fires are extinct by age , to command his son to burn and pine away without remedy and pitty . It was better which Pausanias tells of Danaus , that he gave his daughters leave to chuse their husbands ; and Herodotus tells that Callias the Athenian was much commended by the Greeks because he permitted to his daughters to chuse what husbands , not he , but themselves lik'd best . But the case is to be determin'd by these three Propositions . 1. When sons or daughters are of competent years and have the use of reason , they can naturally contract marriages ; that is , there is nothing naturally requir'd but that they can consent , and be of a marriageable strength . Sufficiat solus consensus illorum de quorum , quarumque conjunctionibus agitur , said Clement the third , 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 discretion 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 marriage 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 declare that such a marriage is valid , though the Father out of humor disagree . And therefore when the law saies that the son cannot contract marriage but with his Fathers consent , the Doctors limit it amongst other cases to this especially , quando filius duceret uxorem turpem & indignam , when the son marries dishonorably ; for then ( say Bartolus and Decius ) 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 before the Grandfather , the Grandchild must inherit . So that the punishment 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 Harlay in behalf of Marguerite de Nesdes 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 . 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 . * An sedere oportuit domi virginem tam grandem ? said Phalaris . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For it is intolerable that a maid should be suffer'd to passe the flower of her age at home . And when the Gemara Sanhedrin had said [ Doe not prostitute thy daughter , to make her a harlot ] Rabbi Eliezer said this was spoken to him that marries his daughter to an old man. R. Akiba saies , it was meant of him qui domi retinet filiam nubilem , 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 * , or quitting the Son from the Fathers power ; he is sui juris , 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 approbation makes it valid without marrying again : which could not be if it were naturally invalid , but therefore it is both naturally and Ecclesiastically good . Quod enim ab initio malè factum est , parentum postea consensus reparare videtur , said Balsamon : 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 . Quod enim ab initio non valuit , progressu temporis valere non debet , saith the law . 11. Servants or slaves in the Civil law were as much in the power of their lords as sons in the power 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 ; as Pope Alexander the third wrote in a decretal Epistle to the Arch-bishop of Canterbury : 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 Esau's marriages were valid and went on , though contracted against the interest of that family , the pleasure of the parents and , as Lyra saies , without their consent . It is true indeed that the Jerusalem Thargum saies that they were a grief to Isaac and Rebecca 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 affirmed by Rebecca that they were an affliction to her , but observ'd at the very first taking of them in , that they were a grief to both of them , and that Esau afterwards to gratify his Father did marry his Cosen german , the daughter of his Uncle Ishmael ; the opinion of Lyra seems most probable , and that Isaac and Rebecca 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 . But what then shall we say to all the former discourse , 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 prevail intirely ? That they effect something their own strength does evidence ; that they doe not prevail to effect a natural nullity in marriage , the contrary arguments describ'd in the former Number doe sufficiently prove . What then is the conclusion ? From hence we may learn it . 2. Although the marriage is naturally valid , yet that natural validity can have this effect onely , that it can for ever bind the conscience of the engaged parties to faith and mutual love , and to cohabitation when it is not hindred ; and it is , even when it is most of all forbidden , yet potentially legitimate , that is , it wants no features and lineaments , 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 marriage something that is wholly in the power of the Civil law . For in marriage there are three things , Unity , and Society , and Mystery . 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 Common-wealth . From union of minds , and obligation of mutual duties and affections , and perpetuity of relations they cannot be kept by their dissenting parents , or by the Civil law . But from being a society , from beginning 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 Society , but even their very Unity 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 Raptus or Ravishment . In the Civil law , he that takes away a mans daughter without the consent of her parents rapuisse dicitur is a Ravisher : but it is not so in the Canon law , it is not so in Nature or Conscience . Raptus ibi dicitur admitti ubi nihil ante de nuptiis dicitur : If there was no treaty of marriage , it is a rape ; but if the man was secretly betrothed , to carry her away and lye with her is no rape , licèt parentes reclamarent , although the parents were against it , said Pope Lucius 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 Antenuptialis fornicatio , 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 Betrothed woman by the name of wife , 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 persons 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 obligation : this marriage is not good in law , and yet they cannot chuse another in conscience : it was by their own fault , and therefore they must bear 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 covetousnesse is idolatry , and rebellion is witchcraft , so this disobedience is unchastity , it is uncleannesse against the fifth Commandement : 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 Paulus the Lawyer : Matrimonia haec jure non contrahi , sed tamen contracta non solvi , Such marriages ought not to be made , but being made they cannot be dissolved . And he gives an excellent reason for it ; contemplationem enim publicae utilitatis privatorum commodis anteferri . It is of public concern 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 * 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 Perfect , or Imperfect . A perfect law is that which either in it self or by the Magistrate rescinds whatsoever was done against her prescript . l. Non dubium , C. de legib . The imperfect law is that which does not indeed rescind the thing , but inflicts a punishment upon the transgressors : such as was the lex Furia Testamentaria , 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 * : 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 : and in the Law of Moses , 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 remedy 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 : Quae Deus conjunxit , nemo separet . Conjunction of marriages is by a law of God and Nature , and to it nothing is requir'd but a natural capacity and an explicit consent , and therefore this no man can separate . But yet , 3. The Father hath over his children a double power ; 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 perpetuating 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●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 depend on other men . 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 . 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 : 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 . But the Father hath a political power . Patria potestas est jus quoddam quod habent qui sunt de Imperio Romano in liberos Naturales & legitimos , say the Lawyers . The paternal power is defin'd by the measures of the Roman law ; and so it is in all Countries by their own measures . Now in most Countries , especially of old , the Father had so much power given to him over his children that they were a part of his possessions ; they acquir'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 emancipated 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 Civil 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 Constantine did allow it : but then it felt variety and change , and it was limited to the case of the sons marrying dishonourably . The result of these three Propositions is this , That every Common-wealth hath power to extend or to streighten the Fathers political power , & 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 , Reverence and Piety , from which the son can never be emancipated as long as he lives , and as long as he can be obliged to be a thankfull person , ever remembring what the old Sibyll said , that they deserve damnation … quíve parentes In senio linquunt , neque praemia digna rependunt Pro Nutricatu , vel qui parere recusant , Aspera vel contra dixerunt verba parentes , 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 . Of exemption from the power of Fathers . For by this means we shall the shortest and truest answer the inquiry , when a Son is free from his Fathers power , and how long he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Demosthenes his expression is , subject to the necessity of the Fathers laws . I answer that , in those things which are parts of natural power and relate to personal duties , the Father hath always a power of Counsel , which must be regarded by the ties and analogies of reverence and piety , 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 nature and the laws we are quit from the Empire of the Father , and that power which is called Castigation , 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-ever it is possible and reasonable to obey . Quae praerogativa ex beneficentia acquiritur perpetuo durat , said Aristotle , The authority that is acquir'd by bounty is perpetual . And therefore even Marriage it self does not quit the children from their duty : 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 emancipated ; but I mean it in respect of reverence and pious regards , and natural duty , and humble observation . For Nomen Patris grande Mysterium est , & nomen Matris arcana Reverentia , said Origen ; 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 Danaus , 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 Aegisthus , he gave to each of them a sword , and commanded them to kill their husbands the first night before their congresse : and they thought themselves , though married , oblig'd to obey their Father , and all did so but Hypermnestra , 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 Chalcondylas , that a daughter of a Florentine Physician being by the public request and necessity of the Town given to Lantislaus an amorous Prince , who to get her besieged the Town , her Father gave her a poyson'd 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 minority , that is under 25 years ; for so it was in the Roman law ; or , if under any other number of years which the law calls minority in any Government . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , If she will marry again , let her marry by the consent of her Father . 2. If a Son be a Magistrate , 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 ; of all the same , Salvo honore Magistratus . 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 Fabius Maximus came to his Son who was then Consul , 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 : and the old Man gladly obeyed , and told him , Non ego Imperium tuum , mi Fili , contempsi , I did not despise thy authority , but I tried if you knew how to be a Consul : nec ignoro quid Patriae venerationi 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 . 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 Tribunes of the people , who sometime had Consular dignity , contended which of them should goe to the Warre against the Lavicani ( for they all would fain have gone , but none would stay at home to take care of the city ) Quintus Servilius 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 . 3. If a Son enters into holy Orders , 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 , 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 . 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 . 1. Whether if the Grandfather be alive , 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 . To this the Lawyers answer with a distinction : If the Nephew marry a wife , the consent of the Son must be ask'd ; but if the Niece marry , 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 possession of the Government should explicitly consent , and the other implicitely . 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 Romans , 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 marriage . 2. Whether if the parents have consented and authoris'd the treaty of marriage till the affections of the children are irrevocably ingag'd , and afterwards retract that consent , the children are bound to obey their parents , and quit their loves . This I find in an elegant case related by Gentian Hervet in his oration to the Council . Damoiselle Vitrou was espoused to a Cavalier by her parents ; 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 quickly 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 , according to that of Gregory , and Eusebius , Si quis virginem aut viduam furatus fuerit , nisi fuerit à se desponsata , anathema sit . If she was not espoused , it is Plagium & raptus , a rape and stealth ; but if she was , it was no fraud to him . Now if this was no ravishment , as it is plain , because 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 dissent 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 decently recede , the Fathers dissent ought not to be a prejudice to the consummation : 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 indifferent , or can well retire , the first liberty did not let them loose from duty , 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 . 3. Whether Mothers have the same authority over their children as the Fathers have . To this I answer , that in the Civil law sons were not in their Mothers power , but in their Fathers : Appellare de nuptiis debui Patrem ; and Eustathius upon Homer , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 therefore though the same duty is owing to them both , yet their authority is severally express'd , which to my sense is well intimated by Eustathius : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Not the power of my Father , nor the persuasion of my Mother , should make me marry even Venus her self . Where the Mother is allowed onely the power of persuasion . But that also implies all her power , onely that is the most proper way for her exercise of it . And it is the most forcible . Jussum erat , quodque est potentissimum Imperandi genus , rogabat , qui jubere poterat , said Ausonius . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Julian the Emperor . For they that can if they please compel , ought most of all to prevail when they counsel and intreat . But however things were in the law of the Romans , 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 & tendernesse be regarded like the Fathers . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said S. Cyril of Alexandria : Consonantly to the law of Nature he commanded his son to abstain from such marriages as were displeasing to his Mother . Isaac did so to Jacob. And to this purpose Catullus elegantly presses this obligation . At tu ne pugna cum tali conjuge , virgo . Non aequum est pugnare , Pater cui tradidit ipse , Ipse Pater cum Matre , quibus parêre necesse est . Virginitas non tota tua est : ex parte parentum est . Tertia pars Matri data , pars data tertia Patri , Tertia sola tua est . — Her Father and her Mother and her self had in her self equal share . But if the Father be dead , 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. Austin answers clearly , Fortassis enim quae nunc non apparet , apparebit & 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 . From which words of S. Austin it is plain , that in the disposing of her daughter 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 son . The reason of both is the same , because by the advantage 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 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies the law , by the consent of his Kindred and Guardians ; that is , if he be not come to maturity : but if he be , the rule is , Filius quidem pubes nullius expectat arbitrium , filia verò Matris & propinquorum , 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 Mother . And yet this also lasts no longer but to a certain age , which is determin'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 . Pulchre Deo obtemperat qui tristis est Parenti , for he does ill serve God , that brings sorrow to his parent . And therefore the Ancient laws of the Romans were ever favourable to that part of the marriage which the Mother chose . Postulatu audito Matris Tutorumque , Magistratus secundum parentis arbitrium dant jus Nuptiarum , saies Livy . But the Wisigoths by their law were more kind to the Mothers interst , for Patre mortuo utriusque sexus filiorum conjunctio in Matris potestate consistat ; Both son and daughter if their Father was dead were in the power of their Mother , and were to marry by her appointment and counsel . And therefore Simeon Metaphrastes commends Abraham for taking a wife at the command of his parents , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as knowing it to be one of the Divine Commandements to obey his Father and his Mother . 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 coercitive 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 ; and as S. Chrysostom 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 , Fili colito Anthusam , Son remember thy Mother Anthusa , and grieve her not as long as she lives . For Nomen Matris , arcana reverentia , There is a secret veneration due to the very Name of a Mother . 4. Although a Fathers authority is such that against it a Son may not marry ; 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 ? To this I answer , that in the matters of marriage especially , and proportionably to the probable event of things in other lasting states of life , that of Aristotle is very true , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Fathers authority hath in it no necessity , no constraint Which Heliodorus Prusaeensis thus paraphrases , The commandements of Fathers of their children 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , have not in them such force that they can compel their children . And therefore Pamphilus in the Comedy complains passionately , and yet reasonably , Proh Deûm atque hominum fidem ! quid est , si non haec contumelia'st ? Uxorem decrêrat sese dare mihi hodie : nonne oportuit Praescisse me ante ? nonne priùs communicatum oportuit ? Upon which place Donatus said well , quia nuptiarum non omnis potestas in Patre est , All the intire power of marriages is not in the Fathers . 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 . Constat enim circa nuptias esse filiis liberam voluntatem : ideo servatâ ratione pietatis communicatum oportuit , said Eugraphius . 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 . Eustathius upon that of Homer , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it was spoken according to the exactest political measures , that the Father should chuse an husband for his daughter ●enelope , and yet that his daughter should like the yong Prince Ulysses ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . For there is difference between a servant and a child ; the Father may chuse for his daughter , so that at the same time she may chuse for her self : and therefore ( saies he ) when Homer said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he saies it in respect of the Father , that he may give her to whom he please ; but when he saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he saies it in respect of the Daughter , that the man whom the Father chuses must be gracious in her eyes : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Priscus , It is impious to marry a daughter against her will. But this is to be understood with some restraint . 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 prevail ? 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 . Patris quippe jussa non potuisse filium detrectare , A son may not refuse his Fathers commandement . For the Fathers authority is certainly a very great thing ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A Father is by Nature to his child both a Lord and a Prince : and therefore Theophilus calls the Paternal power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is the title of the Royal Majesty : and though the old name for disobedience in the Scripture is Witchcraft , yet Ennodius would fain have found a new name for this kind of it . Non invenio quâ novum facinoris genus explicem novitate sermonum , quibus fuit Sacrilegium non parere . 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 . But there are some cases in which the Father ought not to urge the children . 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 Romans even where the Paternal power was at the highest . Solent qui coguntur à Patribus ut Uxores ducant , illa dicere , Non sumus etiam nunc apti nuptiis . 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 , unequal , 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 ; Sed enim si imperet uxorem ducere infamem , propudiosam , criminosam , non scilicet parendum , said A. Gellius ; 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 ; l. sed quae Patris , ff . de Sponsal . and so Harmenopulus renders it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 : and indeed in this case she hath leave to refuse the most Imperious command of an angry Father . Son and daughter in this have equal right : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : so Lucian . Though his Father would have compell'd and forc'd him to marry a wife , yet he refus'd it : and he might lawfully , when he offer'd him a strumpet . But there is another sort of persons which are called Turpes filthy or hatefull ; and that is , such as are deformed and intolerably ugly . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith Lucian , We call them filthy that are not fair or comely . 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 worthinesse may overcome the aire and follies of her fancy , therefore the unhandsomenesse 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 , forma uxoria , 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 Lawyers say , Patria potestas in pietate debet , non in atrocitate consistere , The Fathers power consists not in the surliest part of Empire , but in the sun-shine side , in the gentlest and warmest part . Quis enim non magis filiorum salutem quam suam curat ? saith Tertullian . He is an ill Father that will not take more care for the good of his child , then his own humor . The like is to be said in case the Father offers to his child a person of a condition much inferior . For though this difference is introduc'd principally 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 dishonourable 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 husband or a wife may be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Noble by their wealth ; so the Greek proverb means : and old Ennius translating of Euripides his Hecuba , makes wealth to be Nobility , Haec ita etsi perversè dicas , facile Achivos flexeris . Nam cum opulenti loquuntur pariter atque ignobiles , Eadem dicta , eademque oratio aequa , non aequa valet . When the rich and the ignoble speak the same things , the rich man shall prevail when the ignoble shall not . — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 disobedience . But this whole inquiry is well summ'd up in those excellent words of Heliodorus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 . 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 Matrimonial cases , which I design in a book by it self , if God shall give me opportunity , and fit me with circumstances accordingly . CHAP. VI. Of the Interpretation , Diminution and Abrogation of Humane lawes . THERE 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. Commutation , 6. Contrary Custome , 7. Direct revocation or abrogation . Of these I am to give account in this Chapter , that the Conscience having already seen her obligation , may also discern when she enters into liberty . §. 1. Of Equity . RULE I. VVhen the letter of the law is burdensome and unjust , the meaning and charity of the law does onely oblige the Conscience . SCire leges non est verba earum tenere , sed vim ac potestatem ; quia prior atque potentior est quam vox mens dicentis , 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 . Leges perquam egregia res sunt ; sed is qui legibus utitur Nimium exacte , videtur esse Sycophanta , said Menander . 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 . For Nullam rem neque legibus , neque scripturâ ullâ , denique ne in sermone quidem quotidiano atque Imperiis domesticis recte posse administrari , si unusquisque velit verba spectare , & non ad voluntatem ejus qui verba habuerit accedere , For nothing can be rightly administred either in lawes , or common talk , in public or domestic Governments , 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 tyrannical . Quaedam etiamsi nulla significatione legis comprehensa sint , naturâ tamen excipiuntur , saith Quintilian ; 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 Basilius Macedo the Emperor : when a stagge fastned his horn in the Princes belt and toss'd him up with very much danger , 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 , because 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 necessity in this case ; and if it had been like a fault , yet here it had been excusable ; for necessity excuses whatever it compels to . Now this happens in the matter of penal laws principally ; 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 . Quid tristes querimoniae , Si non supplicio culpa reciditur ? Laws intend not to cut away the life or to pare away the goods of the subject , 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 justice : but equity 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 Clemency , 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 . 1. Non debet aliquis considerare verba , sed voluntatem , cum non intentio verbis , sed verba intentioni debeant deservire , 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 , they are to be made intelligible by others . Incivile enim esse nisi tot● lege perspectâ unâ aliquâ ejus particulâ propositâ judicare , 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●n the intention is to be judg'd by circumstances , by the matter and the occasion , by the story and by use . Intelligentia dictorum ex causis dicendi assumenda est , said S. Hilary , By the causes of the law we may judge of the intention of the law-giver . 2. When the first sense of the words inferres any absurdity , contradiction , 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 . In ambigua voce legis ea potius accipienda est significatio quae vitio caret , praesertim cum voluntas legis ex hoc colligi possit . 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 ; for , as Cicero said rarely well , 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 prevail ; for if we could otherwise certainly and easily understand the Princes will , we should never use words . When Leo Isaurus was in expectation of the Greek Empire , he dealt with two Astrologers that were Jews : they promis'd that the summe of affairs would fall into his hands , and he promised 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 promise though he kept his word ; for it is not to be supposed that he promis'd or intended to reward 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 fraudem legi facit , qui salvis verbis legis , mentem ejus circumvenit , saith the law , The law is then abus'd , when you keep the words of the law and prevaricate in the sense and meaning . 3. If the intention be gathered by circumstances , 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 therefore 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 . Ex lege esse tam quod est ex sententia legis , quam quod ex verbis ; 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 . 4. Adde to this , that unlesse it be manifest that the words doe not represent 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 , Non aliter à significatione verborum ejus recedi , quam cum manifestum est aliud ipsum sensisse . For if this rule were not our measure , every witty Advocate might turn laws to what purpose he please , and every subject would take liberty 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 . 5. 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 proportion and analogy , but one is the principal , we must stand to that principal . As if a law saies , He that steals a Chalice from a Church , let him die the death ; the word death 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 , pro famosiori analogato , and therefore must signify a Civil death , 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 ; or if not this , yet not the adopted but the natural , not the yongest but the eldest . 6. If words us'd in law have a civil signification , by parity , by extension , 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 enforce 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 Romans 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 Nephews , or adopted children , 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 prevail against the first , yet it might against the last . 7. Words that are of civil or legal signification must not signify according to Grammar , but according to Law. Suspension must not signify hanging of the man , but a temporary laying aside his office or emolument : and Sacrament must not in Theology signify an oath , but a religious ceremony 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 * . 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 Lawyers , nor the best Grammarians , but the best Historians are the best measures of our Conscience . The word Censeo in the law of the Romans at first did signify to appoint , afterwards to estimate , and then to censure , and at last to counsel or to suppose . Now when the word censere is used l. ult . ff . de suis & legit . haered . it must not be expounded by Cicero in his oration pro Cluentio , where it stands for liquet , for in this law it stands for consulere : 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●ther if it were clear what it meant in the ancient laws , could that be the mea●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●e which it hath got by time . But it may be some of these rules will be but seldome usefull to our cases of conscience ; 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 conscience , when the Grammar or the common use of the words themselves is not sufficient . 1. That is the meaning of the words of the law that does the work of the law . And this is the first rule of equity . For it is but conscience to suppose that he that makes a contract does it bonâ fide , and he that makes a Will would have it executed , and he that leaves a Legacy would have it doe good , & 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 Brasidas did cavil , not treat like a Prince , when having agreed with the Greeks that he would quit his claim to the Boeotian fields , he afterwards told them that those were not the Boeotian fields but his own where he encamp'd his army . Which thing if it had been true , they all had treated about nothing . And when the laws of Sicily forbad their priests to resign their Benefices to their sons , the two priests of Panormo 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 expressions , according to that rule in the law , Quoties idem sermo duas sententias exprimit , ea potissimum excipiatur quae rei gerendae aptior est . 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 . Antonio Casulano a poor Piemontane having a sad vintage & 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 Signior Vitaldo , and tells him his sad condition , and how unable he was to pay his rent . Vitaldo 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 . Casulano 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 Vitaldo 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 , let it alone , and he would not exact his rent of his disabled tenants ; 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 rei gerendae aptior , it was agreeable to both their interests in conjunction , and therefore Casulano is bound in conscience to pay his rent . So the Lawyers say , Si ambigua sit intentio seu actio , quod utilius sit actori accipiendum est . 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 presum'd to part with his right against his will. And thus it is in the law , as well as in Contracts , 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 . So Quintilian draws into a compendium 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 , it must stand . Quod quidem perquam durum est , sed ita lex scripta est , It is hard , but so the law is written . That is , if the mind of the law-giver be certain and clear , no equity is to intervene ; but when the mind is not known , equity is the best meaning . 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 , metaphors , 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 rei gerendae aptior , 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 repent at all , if we repent upon our death-bed , because the words of the commandement doe indifferently signify any time ; here we are rightly determin'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 , unlesse 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 . Impropriè verba regulariter non accipiuntur , nisi aliter actus vel periret , vel elusorius redderetur , Words are not to be taken improperly , unlesse the proper acception of it does elude the purpose of the law-giver , and makes his law vain . Thus the very Gentiles understood the mind of God : when he commanded men to offer sacrifices 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 Menander , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 reconcile God to him , is deceiv'd , and is a fool . When God commanded these things he intended to be understood to other purposes . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 spiritual sense of Moses 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 Commandement . 2. In all laws and obligations of conscience by contract , when any doubt arises , we are to consider what is most likely and what is most usual , and rest upon that . In contrahendo quod agitur pro cauto habendum , 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 custome of the country ; because the things and manners of custome , though they were not in the contract , yet veniunt in bonae fidei judiciis , 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 : Semper in obscuris quod minimum est sequimur , In all things of burden the least is to be chosen . This is of use in Contracts , in Testaments , and in infliction of punishments . * In Contracts . He that promises to give a man an hundred or two hundred pound , cannot be challeng'd nor oblig'd but for a hundred . In summis semper quod minus est promitti videtur . 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 stipulation ; 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 , Nam si circa translationem idem fieri voluisset , quod de cessione dixerat , & de translatione poterat expressisse , Because he that granted a cession , could as easily have said translation if he had so intended : so here also it is presum'd that he intended to give the least , because if he had intended 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 Titius promise to pay his debt within a year or two , Caius cannot by virtue of that promise force him to pay it till the two years be out . * In Testaments also the case is the same . Maevius makes his Will , and leaves Lucius 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 portion is the least . Thus when Regulus left to his wife Quintilla the field that was next to the Campus Martius , the Praetor understanding that he had two fields next to the Campus Martius , 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 . But this holds not in all cases : the rule is the same , and ease and remission 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 difficulty will be to whom the ease or the advantage is to be done ; for sometimes 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 therefore Scaevola said , that if a Roman in his Testament appointed an image to be set up in a Temple in which there were marble and brasse and silver statues , the legacy was to be performed in the most costly material ; idque favore Dei & religionis , saies the law ; because in doubts it is fit that God should have the preeminence , and it is also to be presumed that the Testator 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 Christians . 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 . Aruns dying left a servant to his Brother for a legacy . Canidius who was the heir offers to give to his Uncle his man Spinax , 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 Lentillus 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 Aretius , who was his Brothers Physician : but that Canidius refus'd , and he might very well ; but he gave him Merula that was a very good Baker , and both were indifferently pleas'd : but such a one that was not the best , and yet was good for something , 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 reason 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●s cannot so easily be deceiv'd as he that 〈◊〉 , for every man is justly presum'd to know the price of his own goo●● , and be cunning in his own trade . 5. 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 charity and mercy ; and they that complain in these cases are commonly the oppressed party . * This Rule also is intended and that principally in punishments and penal sentences of law . 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 : and it is also true that if several pen●lties be expressed in the law , ordinarily the judge is to impose the least ; and the reason is , because he does at once the actions of two vertues ; it is justice and it is charity at the same time . I say ordinarily , for sometimes there are great examples to be made , and in them there is very often Aliquid iniqui * , nothing of equity , but something that was very hard : and the Hebrew 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 commanded the body to be taken down before the Sun set ; but if the public necessity requir'd it , the Jewish Doctors say that their Kings had power . But the great difficulty is , when the words of the law are expresse , and name the punishment , whether or no can there be any remission by equity or interpretation ? Titius 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-giver can otherwise be certainly known . But if by any ways he can be relieved , 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 Cicero hath spoken excellent things , as who please may see in his Oration pro Caecina and in his lib. 2. Vet. Rhet. But for the practice of it both in law and conscience it is an excellent rule of law , Capienda est occasio quae praebet benignius responsum ; 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 Celsus , Marcellus and Ulpian are noted with a fair memory for being studious of equity in the sentences of law : and for this very thing Cicero commends Servius : but Scaevola , Paulus , Julianus and the Sabiniani and some others were more propense to rigor and subtilty , and were lesse belov'd . Turpe rigor nimius : Torquati despue mores . Titus Manlius was to blame in putting his son to death for a glorious victory 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 Gattinara to the Emperor Charles the 5th , Chi vuole troppo abbracciare , va à pericolo di non strignere cosa alcuna , He that strains the cord too hard , breaks it and can bind nothing . Periculosum est praegrave Imperium : & difficile est continere quod capere non possis , said * Curtius . He that fills his hand too full , le ts 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 , scourging is to be understood , or such as is in use in the nation , and not the cutting off a member , or putting to death , say the Greek 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 offences should carry the lighter load . And therefore the S. C. Syllanianum 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 C. Cassius the Lawyer defended it with great reason , as is to be seen in his oration in Tacitus . 3. In matters of favour and matters of piety , the sense of the law is to be extended by interpretation . Things odious and correctory are called strictae in the law , and that which is favourable is called res ampla ; because as the matter of that is to be made as little as it may be , so the matter 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 charity , 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 judgement 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 . §. 2. Judicial Interpretation . RULE II. When the power that made the law does interpret the law , the interpretation is authentical , and obliges the Conscience as much as the law ; and can release the bond of Conscience so far as the interpretation extends , as much as if the law were abrogated . WHen the law is interpreted by the Emperor , ratam & indubitatam habendam esse 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 enlarging the favour , or restraining the severity ; it is all one as to the event 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 measure of the Conscience in good and evil . For when the law-giver does interpret his law , he does not take off the obligation of the law , but declares that in such a case it was not intended to oblige . Tacitus tells of a Roman Knight who having sworn to his wife that he would never be divorc'd from her , was by Tiberius dispens'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 intervene . Thus we find that P. Lucius * the 3d 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 & impious oath , but declar'd that they were not bound to keep it . Absolvit , i. e. absolutum ostendit , as Pope Nicholas did in the Case of the Arch-bishop of Triers , he declar'd him to be at liberty ; and the Glosse derives a warranty for this use of the word out of the Prophet Isaiah . It was ill said of Brutus , that a Prince might not be more severe , nor yet more gentle then the law . For there are many things quae naturâ videntur honesta esse , temporibus sunt inhonesta , saith Cicero , 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 juvare , supplere , corrigere , to help , to supply , to correct 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 Rome , when they offer'd to intercede and interpose between Fabius and the sentence of Papyrius the Dictator by which Fabius was condemned , 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 Jupiter in Homer was bound by the laws of Fate , so that he could not help his son Sarpedon , but sate weeping like a chidden girle . But of this I have already given sufficient accounts . The Supreme power is Dominus legum , Canon animatus in terris , lex animata , fons justitiae , supra jus dispensare potens , as Innocentius said of himself ; and therefore of this there can be no question . Inter aequitatem jusque interpositam interpretationem nobis solis & oportet , & licet inspicere , saith the Emperor , C. de leg . & const . Princ. The Prince alone hath power to intervene between equity and strict law by his interpretation . This is now to be reduc'd to practice . First this power must be administred with noblenesse & ingenuity ; not fraudulenty , or to oppresse any one , which Cicero calls calumniam , & nimis callidam , sed malitiosam juris interpretationem , a crafty and malicious commentary . Such as was that act of Solyman , who after he had sworn never to take from Ibrahim Bassa his life , kill'd him when he was asleep , because Talisman the Priest declar'd that sleep is death . Thus the Triumviri in Rome having a mind to kill a boy , which by the force of law they could not doe , they gave him the Toga Virilis , and forc'd him to be a man in estimation of law , that by law they might oppresse him : and Mithridates King of Armenia thought himself secure when Radamistus the son of Pharasmanes the Iberian King had promis'd he would neither stab nor poyson him ; but the yong Tyrant interpreted his promise maliciously , when he oppressed him with pillows and featherbeds : and all Europe hates the memory of the Arch-bishop of Mentz , who having promis'd to Atto Adel a Palatine of Franconia that he should safely return out of his Castle , did indeed perform 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 pitiable and oppressed . 2ly , This power is not to be administred but upon grave & just causes : for to be easy and forward in bending the laws by unnecessary interpretations is but a diminution of justice , and a loosenesse in government ; as was well observ'd by Livy , speaking of those brave ages in which the Romane honesty and justice was the beginning of the greatest Empire of the world , Sed nondum haec quae nunc tenet seculum negligentia Divum venerat , nec interpretando sibi quisque jusjurandum & 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 : and then no man can deny to a Prince leave to derogate from his laws by such interpretations . Licet enim Regi in civitate cui regnat , jubere aliquid quod neque ante illum quisquam , neque ipse unquam jusserat , saith S. Austin ; A King in his own dominions may command that which neither any man before him , or himself before that time commanded : 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 Solomon absolved Abiathar from the sentence of death which by law he had incurred , because he had formerly done worthily to the interests of his Father David . Thus when Cato Censor had turned L. Quinctius Flaminius out of the Senate , the Majesty of the Roman 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 pardon , absolute power and prerogative . Thus Princes can restore a man in bloud . Fas est cuivis Principi maculosas notas vitiatae opinionis abstergere . So Antony the Emperor restored Julianus Licinianus whom Ulpian 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 Scipio Africanus said wisely , when he desir'd to be imployed in the Punic warre , se sat annorum habiturum si populus Romanus voluerit , he should quickly be old enough if the Roman people pleased . Thus Tiberius put Nero into the Senate at fifteen years of age , and so did Augustus the like to Tiberius and his Brother ; and the people declar'd or dispens'd the law in Pompey's case , and allowed him a Triumph before he had been Consul or Praetor . But to this there is not much to be said ; for he that can make a New law , may by interpretation change the Old into a New ; that is , any interpretation of his is valid , if it be just , naturally just , though it be not according to the Grammar or first intention of the Civil or Municipal law : quia si leges condere soli Imperatori concessum est , etiam leges interpretari solo dignum impero esse oportet . 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 . For the interpretation of laws made by Judges is matter of fidelity 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 Cicero : Nemo apud Judices ita solet causam agere ; Ignoscite Judices , Lapsus est , Non putavi , Si unquam posthac . In Senatu vero , & apud populum , & apud Principem , & ubicunque juris clementia est , habet locum deprecatio . No man is to ask any favour of the Judges but what the law allows him , but of the Prince he may ; A quo saepe rei , nullo licet aere redempti , Accipiunt propriam donato crimine vitam . For what is wanting in the provisions of law he can make up by the fulnesse of his power : and if there be no injury to any , let there be what favour 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 , Qui jurato promisit judicio sisti , non videtur pejerasse , si ex concessa causa hoc deseruit , He that hath sworn to appear in judgement , is not perjur'd if he have leave given him not to appear : 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 conjectures . 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 interpretation 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 * . 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 in rem judicatam into a legal sentence , 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 . §. 3. A contrary or ceasing reason . RULE III. A law made for a particular reason , when the reason wholly ceases , does no longer oblige the Conscience . THe title of this § . implies a distinction of reasons considerable in this 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 righteous still , but against the public interest . * Now when a contrary reason 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 uselesnesse ; that is , if the contrary reason makes things so that the law could not justly have been impos'd , or if it had been de facto impos'd , it could not oblige the conscience , then the conscience is restor'd to liberty and disobligation . * 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 presum'd . But if the reason of the law ceases onely , and no more , there is some more difficulty , for it may be the will 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 . 1. Some laws have in them a natural rectitude or usefulnesse in order to moral ends , 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 appointment 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 purpose , 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 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 . Another distinction to be considered is concerning the cessation of the reason of the law , whether the reason be intrinsecal or extrinsecal . For sometimes the reason ceases universally . Sometimes it remains as to the generality , but is alter'd in the particular cases . So if a Superior commands 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 Alexis be an Eunuch , and old Palaemon have a dead palsy upon him and cannot be warm'd by such fires . The reason ceases in the particular , but abides still in the general . A third thing is also to be observed , 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 combination 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 . According to these distinctions , the cases and the answers are several . 1. If there be two ends in the law , 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 Churches to sit apart , and to wear vailes that they may not be occasion of quarrels 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 honest that women should have a vail on their head for modesty sake , and because 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 humane 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 . 2. If a law be appointed for an extrinsecal end , 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 power 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 legislative 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 . Therefore 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 although 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 . 3. If the action commanded by law be in it self indifferent , 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 Stamford , whether 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 needlesse , and could not oblige , and ought not to have been impos'd . In Spain 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 obligatory . For as Modestinus said well , Nulla ratio aut juris benignitas patitur , ut quae salubriter pro hominum commodis statuta sunt , nos duriore interpretatione contra ipsorum commodum producamus ad severitatem ; 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 negatively ; 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 Negative ceasing passes into the contrary 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 purpose . Thus we find in the Legends of the Roman 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 commanding 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 . 4. When the intrinsecal reason of a law does cease universally , 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 internal 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 commanded 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 uncharitable : 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 . 5. When a law hath many parts , 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 Pleiades , 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 reason is absent , the conscience is not tied to attend ; but when it returns to verify the law , the duty returns to bind the conscience . But in this there is no difficulty . 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 ? The reason of the difficulty is , because laws are not to regard particulars , but that quod plerumque accidit , saith Theophrastus ; 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 , Satius erat à paucis justam excusationem non accipi , quam ab omnibus aliquam tentari , said Seneca ; It is better to reject the just exception of a few , then to encourage the unjust pretensions of all . And therefore subjects should for the public interest sit quietly under their own burden . For lex nulla satis commoda est ; id modo quaritur , si majori parti & in summa prodest , said Cato . It is a just law if it does good to the generality and in the summe of affairs . And therefore if Cajus or Titius be pinch'd in the yoke , they may endure it well , when they consider the public profit . But this were very true onely in case there were no other remedy ; 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 particular , and can govern all things without suffering them to intangle each other , the case will prove easy enough : for if God does not require obedience 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 . 1. If the extrinsic reason of the law ceases in a particular case onely negatively , that is , so as no evil , grievous burden , sin , or danger be incumbent 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 obedience 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 . 2. If the reason of the law ceases contrarily , that is , turns into mischief ; 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 relative , 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 . 3. If the general reason of the law remaining , 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 certainly in his duty to be willing to ease single persons in their private burdens , as to provide for the common interest in their great and little political advantage . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Equity is as much law as the law it self , it is as just as justice , onely that it is a better justice , saith Aristotle : it is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the legal justice , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a rectification and an amendment of it . — Bonum jus dicis ; Impetrare oportet , quia aequum postulat , said he in the Comedy ; It is fit that you prevail , you ask reason & equity . That 's bonum jus ; it is justice & 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 correction of the law : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is fit that when the law-giver hath commanded absolutely and indefinitely , he should in cases of particular evil make provision and correct what was amisse or omitted by the law . For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies Aristotle ; if he had known of it before he would have provided for it before-hand : and because he did not , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 suppose that if it had been thought of , this very case would have been provided 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 . 4. If the reason of the law ceases in a particular , 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 contrary ; and this is in things of small concernment . I should instance in rituals and little circumstances of Ecclesiastical Offices and forms of worship , in the punctualities of Rubrics , in the order of Collects , in the number of prayers , and fulnesse of the Office upon a reasonable cause or inducement 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 peaceable mind and an obedient spirit , that such circumstances of ministeries may not passe into a solemn religion , and the zeal of good men , their caution 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 . Question . But upon the instance of these particular rules it is to be inquir'd , whether 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 ? To this I answer , that if the case be evident , 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 lastly for promulgation , because that is onely necessary in the sanction and revocation 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 . 2. But if the case be doubtfull , and it is not evident whether the particular 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 : 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 comprehended in the law , as supposing it to be a sin that in his case would be commanded , 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 , provided a more probable reason be not oppos'd against it , we being commanded , to avoid all appearance of evil . Now if this opinion be the more probable that by obeying the letter of the law in my case I should sin , it must needs appear to be an evil to doe it , and not to obey the law in this case does not appear 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 measures fitted to a doubting conscience : but when I say there is a greater probability 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 . * 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 superior that hath power to declare the intention of the law . In the first case if it be easy and convenient to goe to the Superior , or that there is time enough and all things fitted , it were the surer way to require his sentence . But if there be not time , and the action urges by hastinesse , 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 . Because 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 . 3. But in these cases of uncertainty , when we are not confident of a just liberty by the force of reason and the nature of the thing , we may justly 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 . Maevius 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 dispensed 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 . 4. When the recourse to a Superior for declaration of the case hath in it great difficulty or inconvenience , though the cause of exception from the law be not very great , yet if together with the inconvenience of addresse to the Superior it make up an unequal burden , and so that the particular 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 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 greatest part of the actions of our lives are not so well conducted as to be determin'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 consciences 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 . Upon occasion of this subject , viz. the alteration of humane laws by the interpretation and equity of reason , it is very seasonable , and very usefull 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 , Question . 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 directly in the law . To this the answer is by several Propositions . 1. In laws declarative of natural right or obligation , 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 Moses was for ever oblig'd to Pharaohs 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 obligation there is some difference . Therefore , 2. In odious cases , 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 , In poenis non arguimus ad similia , quia poenae non excedunt proprium casum . 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 be more severe then the letter of the law , which it self requires an abatement and allay when it is capable : and as it is with Judges in the punishments 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 si voluisset , expressisset , 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 , because 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. 3. When there is a defect in the law , and the public necessity or utility requires a supply , it may be supplied , and the obligation and the judgements even in matters of burden can be extended by the similitude and parity of reason ; for in this sense it is true which the lawyers say , Casus similis expresso non censetur omissus . 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 parity 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 : so saith the law , Is qui jurisdictioni praeest , ad similia procedere , atque ita jus dicere debet , The Praefect that hath jurisdiction must doe right by proceeding to the like cases : so that the jurisdiction and power is the sufficient and indeed the adequate efficient of this supply ; onely by the similitude of reason he that hath jurisdiction can take occasion to doe right . Quando lex in uno disponit , bonam esse occasionem caetera quae tendunt ad eandem utilitatem vel interpretatione vel certâ jurisdictione supplendi ; The Law having made provision in one case , it is a good occasion to supply other cases which tend to the same advantage ; but this supply 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 considered in this extension of obligation . The one is , that the law be defective 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 reason is not enough , and therefore either the supreme , or a jurisdiction delegate with this power in special , is necessary . But where there is such a power , the way of doing it is procedendo de similibus ad similia , 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 . 4. A similitude of reason ( except in the cases now expressed ) does not extend the law to cases not comprehended in the words and first meaning of the law . For ratio legis non est lex , sed quod ratione constituitur , say the Lawyers , Every thing that is reasonable is not presently a law , but that is the law which for that reason is decreed . And when a thing is propounded to a Prince , it is in the body politic as in the body natural , though the Understanding 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 reason against it in another ; and if the reason in both cases onely be alike , they are also unlike . Omne simile est etiam dissimile . For Titius contracts friendship with Callinicus because their Fathers were fellow-Souldiers in the Parthian warre , and they lov'd well : but Titius refuses to contract the same league with Catulus , although the like reason was for him , his Father having been in the same legion in the same warre : but Catulus was an ill-natur'd man , and not fit to be entertain'd into such societies . 5. The Conscience is not bound to a greater duty then is express'd in the words and first meaning of the law by the proportion and communication of the reason , unlesse the reason be not onely alike , but be absolutely 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 Caesar took in a town in Gallia Narbonensis , 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 ●ot in the words of the contract or prohibition , yet because Caesar 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 . To the same purpose is that of Quintilian , Caedes videtur significare sanguinem & ferrum : si quis alio genere homo fuerit occisus , ad illam legem revertemur . A law against murder does commonly 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 regarded , but it wholly intended to secure the lives of the subjects . 6. Now this identity of reason must be clear and evident , 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 instances 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 therefore 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 particular under a general , an imperfect under a perfect , a part under the whole . 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 nature and effect are comprehended . 5. When the cases are radicated in the same principle , and are equally concerned . 7. What is here said concerning cases and actions is also to be understood not onely of persons , which cannot be separated from the consideration of actions which are always personal , but of places and times , when the analogy and force of the reason or the words require it . Onely each of these is to observe their proper caution . * Places 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 * . * But the caution concerning time 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 limited and prescrib'd before ( nihil enim nunc dat , sed datam significat , saith the law in this case ; ) yet laws constitutive or introductive of a new right or obligation never of themselves regard or can be extended to what is past , because 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 ; but Cum lex in praeteritum quid indulget , in futurum vetat , When the law gives a pardon for what is past , and this pardon 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 before is a prohibition of what is to come hereafter . 8. When a law is made to take away an evil , 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 Antiochus agreed that Ptolemy should not bring an army into Syria , 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 Syria , he was in danger of suffering what by his treaty he desir'd to prevent . 9. Whatsoever is said in laws is also true in promises and contracts : for these are laws to the contractors and interested persons , and to be measur'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 stipulation , 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 other circumstances and accidents . But of this I shall have better opportunity to speak in the last book . 33. I onely adde this one thing , 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 Non omnium quae à Majoribus constituta sunt ratio reddi potest , said Julian . 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 conjectures are very often so wild and far amisse , that they will be very ill measures of conscience or obedience . Et ideo rationes eorum quae constituuntur inquiri non oportet , alioquin multa ex iis quae certa sunt subvertentur . 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 . Delicata est illa obedientia quae causas quaerit . 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 . §. 4. Dispensation . 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 . DIspensation differs from interpretation of laws , because this does declare the law in certain cases not to bind ; but dispensation 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 diminution 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 , melior lex , but dispensation 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 favour . So that Dispensation is a voluntary act of the Princes grace and favour , 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 . 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 . For if we use the word improperly , Dispensation can signify a declaration 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 doubtfull 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 . But when Dispensation signifies properly , it means an act of mere grace and favour , proceeding from an extrinsic cause ; that is , not the nature 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 the law , is of it self enough to make a man capable of the favour of the Prince ; and if this be authority enough , that is reason enough . For since dispensation is an act of mere jurisdiction , 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 necessary : but probable and fit to move a Prince they must be , lest he doe an unreasonable act . All those disputes therefore amongst the Civil and Canon Lawyers and the Divines , 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 valid , and very many more , are inquiries relying upon weak grounds , and tending to no real purpose . For since the cause need not be necessary , but probable , 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 determine 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 . And indeed it is not easy that the Prince can be reprov'd for the insufficiency of the cause of dispensation : 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 punishments in some cases , that there be a declaration of liberty & 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 becomes an impediment of a greater good ; or 2ly , when it is doubtfull whether the cause of equity and legal remission without asking leave be sufficient , 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 3ly , 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 subject 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 insufficient 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 . Nullius sensus esse praesumitur qui sensum vincat principalem . The subjects opinion can never overcome the opinion of the Prince in those things where the Prince is Judge . There is onely this to be added , That he that dispenses with a law to particular persons be carefull that it be in a matter wholly in his own power , 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 parishes , it was unjustly done of the Pope to exempt the lands of the Cistertians 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 . Dispensationum modus nulli sapientum displicuit , 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 profit 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 dispensations 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 irregularities , 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 Prince as he hath supreme power , so his good will being mov'd by any reasonable inducement is warrant enough for him that gives it , and for him that uses it . §. 5. Commutation . 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 . COmmutation is nothing but a kind , or rather a particular manner of dispensation ; and therefore hath in it no particular consideration differing from the former , but onely such prudential advices as are usefull to the ministery and conduct of it . For Commutation is a changing of the burden of the law into an act of , 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 , ut solvat in aere , quod non luit in corpore , 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 . 1. But this must be done so as may be no diminution to religion , 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 . 2. It must be done never but upon considerations of piety and great regard ; 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 distributive 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 greater then the intention of the law . 3. The commutation of the punishment imposed by law must at no hand be done at a set price before-hand , 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 invitation , 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 . 4. Commutations are not to be impos'd but when the dispensation is something of ease in a law of burden ; for then to change it into a lesse burden 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 public advantage , some end of vertue , or caution , or defence , then either the dispensation ( when it is reasonable to be requir'd ) must be without commutation ; 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 denunciation of an intended marriage , it is not reasonable , nor according to the intention 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●●● in from mutual congresse till the secret marriage can prudently be ma● 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 cannot 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 . 5. I might adde here , that in commutations the pretences of charity 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 . §. 6. Contrary Custome . RULE VI. A Custome can interpret a law , but can never abrogate it without the consent of the Supreme power . THe doctrine of Customes both in divine laws and in humane , I have already explicated , so far as concerns their positive power , and the power 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 liberty : 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 onely , that there is very great reason of dissenting from the commonly-received doctrine of the power of customes in this very particular . For although by the consent of all the world custome can introduce a law , according to that saying of Tertullian , Consuetudo in rebus civilibus pro lege suscipitur , cum deficit lex , When there is no law , it is supplied by custome ; and this is so far to be extended , that if the custome be reasonable , and antecedent to a law , it shall remain after the making of a law in that very matter , nisi expressè caveatur in ipsa , unlesse the law does expressely 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 . A custome can interpret a law . Si de interpretatione legis quaeratur , inprimis inspiciendum est , quo jure civitas retro in hujusmodi casibus uteretur , 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 therefore nothing is more reasonable in questions concerning the interpretation of a law , then to inquire how the practice of the people was in times bygone , 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 reasonable ; according to that in the Spanish laws , That custome is for ever hereafter to be observed , si secundum eam bis judicatum fuerit , if there have been two sentences pronounced according to the custome . But this use of custome is expressed both in the Civil and Canon law . In ambiguitatibus quae ex legibus proficiscuntur , consuetudinem aut rerum perpetuò similiter judicatarum authoritatem vim legis obtinere debere . Custome and precedents of law are as good as law in all questions of law and of doubtfull interpretation : and therefore the Presidents of Provinces were commanded to judge by the measures of custome : probatis iis quae in oppido frequenter in eodem controversiarum genere servata sunt , causâ cagnitâ statuat ; 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 Churches in the neighbourhood , & diligentius imitari , to follow it diligently , 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 . But all this is therefore reasonable because it is consuetudo secundum legem , 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 off from us the duty and obedience we owe to the just laws of our superiors . Consuetudo nec rationem vincit nec legem . 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 although a man may get impunity and save his skin whole under the protection of contrary custome ; yet our inquiry is for the indemnity of Conscience : 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 contempt , it proceeds all the way in the paths of iniquity ; for still men goe quà itur , non quà eundum est , 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 disobedience should warrant rebellion * ; and that it be innocent to follow the multitude 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 . For it is observable that in law , customes themselves are esteem'd illegal and reprobate if they be against law . Licet usus consuetudinis non minima sit authoritas , nunquam tamen veritati aut legi praejudicat ; Use and custome hath great authority , but nothing against truth or law : and Non valet consuetudo contra canonicam institutionem ; for the custome is unreasonable if it be against law : for illam dico rationabilem quam non improbant jura , saith the Glosse in cap. ult . de consuet . verbo rationabilis ; and the Lateran Council defines those customes to be reasonable , quae ratione juvantur & sacris congruunt institutis , which are assisted by reason and are agreeable to the holy Canons . 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 , unlesse they be by some other means allowed . And therefore there is wholly a mistake in this doctrine , upon the account of ●n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 , Rectissimè receptum est ut leges non solum suffragio legislatoris , sed etiam tacito consensu omnium per desuetudinem abrogentur , Laws are abrogated not onely by the expresse revocation of the law-giver , but by the secret consent of all . And the reason of this is well express'd by Julianus the Lawyer , Quid interest suffragio populus voluntatem suam declaret , an rebus ipsis & factis ? It is all one how the people signify their will , by suffrages or by actions : 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 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 discours'd of in this book ; for the mistake of men is alike in both . The obligation 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 dependantly 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 Democratical governments that many wise men have said so , because then they had reason : but so many popular governments have also produc'd popular opinions , 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 . But if a contrary custome could justly abrogate a law , 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 principle . 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 questions 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 removing the obligation of a negative commandement ? and very many more to the same purposes , that is , to no purposes : besides this , I say , the conscience can never be warranted in any thing but obedience , because it is impossible 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 . There is onely one case that can set this right , 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 period : and therefore our inquirie can be onely this , how we shall know when 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 , Qui tacet consentire videtur : 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 in rem judicatam , 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 sufficiently 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 Panormitan said well , Oportet ut duae partes sint scientes consuetudinis quae introducitur . Not onely the people , but the Prince too must consent before the custome be approved . For there must be two words to this bargain . §. 7. Abrogation . 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 . THe causes of abrogating a law are all those which are sufficient to make a good and a wise man change his mind . 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 nothing 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 matter , and fitting promulgation ; but to the abrogation of it , the defect of any one cause is sufficient . And therefore if the law be unjust , it ceases of it self ; if it be uselesse , it falls into just neglect ; if it be not publish'd , it is not born ; if it be generally dislik'd , it is suppos'd to be uncharitable , and therefore 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 together ; 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 without the Prince's will , but the Prince's will can alone make it cease to be . Upon this account , 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 . That it may be a just , 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 Hezekiah King of Judah 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 divine 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 . But in the change of laws , or reformation of prevailing evil customes , prudence is good always , and zeal sometimes : 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 superstition , 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 themselves against God's Commandements they are more to blame , because a superstitious obedience is better then a superstitious rebellion ; that hath piety and error in an evil mixture , but this hath error and impiety . But as to the subject matter and inquiry of the Rule ; 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 might abrogate the law , but not sufficient to make the abrogation necessary , nor yet for the subject to disobey it . For the inferior cannot lawfully withdraw his obedience , till the superior cannot lawfully retain the law : but when to abrogate it is necessary , then to disobey it is no sin . I conclude these numerous inquiries and large accounts of the obligation of Conscience by Humane laws , with the Apologue taken out of Nicolaus Damascenus his Politics . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Laws are like the girdles of the Iberian women : if any mans belly or his heart is too big for those circles , he is a dissolute and a dishonour'd person . The end of the Third Book . Non nobis Domine . OF THE NATURE AND CAUSES OF Good and Evil , THEIR Limits & Circumstances , THEIR AGGRAVATIONS & DIMINUTIONS . The Fourth Book . LONDON , Printed by James Flesher , for Richard Royston at the Angel in Ivy-lane . 1660. The Fourth Book . HE that intends to consider any thing fully and intirely , must consider it in all the four kinds of causes . The Formal cause , or the essentiality of good and evil is the doing it with or against Conscience , true of false , right or wrong , confident or doubtfull , probable or certain ; and this I have explicated in the First book . The Material cause 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 . 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 , Qui sanctitatem sanctè custodiunt judicabuntur sancti , They that keep holinesse holily shall be adjudged holy ; 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 ●●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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prepar'd for every good work : which will be done by considering the efficient and the final causes 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 Conscience . CHAP. I. Of the efficient causes of all Humane actions good or evil . §. 1. Of Choice and Election , voluntary and involuntary . RULE I. An action is neither good nor evil , unlesse it be voluntary , and chosen . THis Rule is taken from the doctrine of S. Austin , who makes freedome and election to be of the constitution and definition of sin . Peccatum est voluntas retinendi vel consequendi quod justitia vetat , & unde liberum est abstinere . The will is the mistresse of all our actions , of all but such as are necessary 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 difformity from the Rule of Conscience ; but the Man is good or bad by the will. Nemo nostrûm tenetur ad culpam , nisi propriâ voluntate deflexerit , said S. Ambrose . 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 , Deus posuit hominem in manu consilii sui : 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 portion : for all things of this nature he hath left us to our selves ; not to our natural strengths , but to our one choice ; 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 . I shall not here enter into the philosophy of this question , but consider 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. Austin , Quis non clamet stultum esse praecepta dare ei , cui liberum non est quod praecipitur facere ; & iniquum esse eum damnare , cui non fuit potestas jussa complere ? for if in humane actions , that is actions of morality , 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 chimaera , and therefore not subject to consultation . Adde to this , if all our actions 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 give what he please , but he shall reward none , not in any sense whatsoever ; & 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 : Ille erucem [ sortis ] pretium tulit , hic diadema ; 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. Austin against the Manichees , and S. Hierom against the Pelagians ; and S. Leo by these very Mediums confutes the Priscillianists , as appears in his 19th Epistle to Turibius the Bishop . But certainly that is a strange proposition which affirms that nothing is possible but what is done ; and to what purpose is repentance ? 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 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 . 1. That whereas all men granting liberty of will in actions of natural life and common entercourse , 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 moral actions and spiritual is all one , for that action is moral which is done in obedience or disobedience to a law , and spiritual is no more , save onely it relates to another law , to the Evangelical or Spiritual law of liberty , 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 commanded , 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 obedience 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 nothing : for to keep our selves from harm , and poison , and enemies , a natural 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 . 2. Liberty of choice in moral actions , 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 Angel 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 therefore these things are and they are not to be pursued ; Omne voluntarium est etiam involuntarium , and there is a weight on both sides , and our propositions are probable , not true and false , but for several reasons seeming 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 progression 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 faculties tending to these objects were natural , and not deliberative & elective , 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 sufficient to invest it in the possession . But when they are mixt , and we are commanded 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 moral actions , even that kind which we call spiritual ; for with that also there is mingled so much difficulty and displeasure , 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 , diligence , 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 purpose . Materiamque tuis tristem virtutibus imple : Ardua per praeceps gloria vadit iter . Hectora quis nosset , si felix Troja fuisset ? Publica virtutis per mala facta via est . It is difficulty and the mixture of several amabilities that presupposes choice and makes vertue . But if events and actions were equally predetermin'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 Eusebius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . As idlenesse is to the body , so is carelesnesse and inconsideration 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 . — Nam virtus futile Nomen Ni decus adfuerit patiendo , ubi tempora lethi Proxima sint , pulchramque petat per vulnera laudem . 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 . 3. All this state of things thus represented must needs signify a state much more perfect then that of beasts , 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 imperfection 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 imperfection , 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 liberty and indetermination is weaknesse , and supposes a great infirmity 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 chuse or be in love with disobedience , we should have no liberty left , nothing concerning which we could deliberate ; for there is no deliberation but when something is to be refus'd , and something is to be preferr'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 indifferency : 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 misery and is imperfection , but the instrument and capacity of all duty and all vertue . 4. In the inquiries concerning the efficient cause of moral actions men doe deny one truth for fear of loosing another , and will not allow ●o man a liberty of choice in spiritual actions and moral effects , for fear of disparaging the grace of God ; whereas it is by the grace of God that we have this liberty . Ipsa ratio quemlibet nostrum quaerentem vehementer angustat , ne sic defendamus gratiam ut liberum arbitrium auferre videamur : rursus nec liberum sic asseramus arbitrium , ut superbâ impietate ingrati Dei gratiae judicemur . It is very easy to reconcile God's grace with our liberty , 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 invitation to obedience in duties Evangelical from revelation and the grace of God , therefore to this we owe the liberty of our will , that is , a power to chuse spiritual things . Grace and truth come by Jesus Christ , and liberty of will comes from him ; for if the Son makes us free , then are we free indeed : but this is not by giving us new faculties , 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 therefore 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 Conscience , 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 . But lastly , It will yet be sufficient to the verification of this Rule , that whether we affirm or deny the liberty of the will , yet that there be in every action good or bad the action of the will ; 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 Sacrament 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 distinguish 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 vertue 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 necessary and obedient , this onely is the Empresse , and is free , and Mistresse of the action . And yet beyond this heap of things , 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 acquisitive and effective , or recusative and destructive , 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 object . 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 . Facti sunt abominabiles sicut ea quae dilexerunt , saith the Prophet , They are made abominable according as they loved ; [ as the things are which they loved ] so the Vulgar Latin : and so it is in good things , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that is joyn'd to the Lord is one spirit : 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 . Now this is not so to be understood as if the actions of other faculties could not be sins ; for a sin may be in the memory , in the fancy , in the understanding , 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 involuntary they are not criminal , they may be irregular , but not sinfull ; onely 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 . Qui dixerunt Deo , Recede à nobis ; scientiam viarum tuarum nolumus . The wicked say unto God , We will not understand thy ways . So the Psalmist complains , Noluit intelligere ut bene ageret , He refused understanding . 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 condemned accordingly ; according to that of S. Bernard , Nihil ardet in inferno nisi propria voluntas , Nothing makes fuel for the flames of hell , but the will of man , and evil actions that are voluntary and chosen . The consequent of this discourse in order to Conscience is , that no man loose his peace concerning the controverted articles and disputes of Christendome . If he inquires after truth earnestly as after things of great concernment ; 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 proposition , 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 . 2. It follows also from hence that no unavoidable calamity , no being born of evil parents , no being born from illegitimate embraces , no unjust sentences of men can irreconcile us to God , or prejudice our Eternal interest . God will judge us according to our works , not according to his , or any mans else , or by any measures but by his own law and our obedience . 3. Let no man think that either God will , or that the Devil can make us sin . God loves not sin , or that we should die ; and therefore will not divide his own kingdome , or set up that by his effective power which by his legislative and his persuasive , and his natural and eternal , he intends to destroy . 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 conqueror . 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 work out our salvation with fear and trembling , to walk humbly with our God , 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 humiliation , if we have done amisse . These are the material events , 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 judgement of our actions . For the further declaration of which we are to inquire into divers particulars , in order to the institution and regulating of Conscience . Question I. 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 ? To this I answer , that actions , if they be considered in their Physical or natural capacity , are all negatively indifferent ; 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 natural capacity , differ nothing from justice and the permissions of marriage ; and the giving of almes is no better naturally then giving money to Mercury , or to an Image . 2. Omissions of acts are oftentimes indifferent , 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 neither 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 contending for the Arch-bishopric of Toledo , or not fighting against his Prince , when nothing enters into his armory but his bottle and his hook , and nothing into his head , but that his sheep may wander in wholesome and pleasant 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 innocent ; but he is not vertuous , and shall have no reward . * 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 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 beloved 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 . And upon this account we also can hope for the reward even of those graces which we never exercise . 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 mountains , 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-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 & 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 contention is easier , and the temptations but inconsiderable , yet they also when they are immur'd by their Sacramental defensatives and securities may delight 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 20s s , or for one of his own possible 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 inconsiderable temptation to it's contrary , if in case he have no bigger , he equally chuses the vertue and rejoyces in his innocence . And he that does resist , or by any means expedite himself from his own temptation , shall be rewarded 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 he does not eschew evil that does not doe evil , but he that will not doe it . 3. All acts that passe without any consent of the will are indifferent ; 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 effect also is natural , and cannot passe on to morality or be subject to a command , 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 faculty 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 . 4. No action of the will is indifferent , but is either lawfull or unlawfull , and therefore good or bad . For although there is in many actions that which the School calls indifferentiam secundum speciem , an indifference in the kind 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 consider'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 is nothing else besides profit and pleasure that is good , or can become the end of an action , excepting onely what is honest : and therefore every thing that is good or can be the reason of an action is under a law , and consequently cannot be indifferent , according to the doctrine of S. Austin , Quanquam voluntas , mirum , si potest in medio quodam ita consistere , ut nec bona nec mala sit : aut enim justitiam diligimus , & bona est , & si magis diligimus , magis bona , si minus , minus bona ; aut si omnino non diligimus , non bona est . Quis vero dubitet dicere voluntatem nullo modo justitiam diligentem non modo esse malam , sed pessimam voluntatem ? Ergo voluntas aut bona est aut mala , &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. Indeed every action we doe is not in an immediate order to Eternal blessing or infelicity ; but yet mediately and by consequence , and in the whole disposition of affairs it addes great moments to it . Bonum est continentia , malum est luxuria ; inter utrumque indifferens , ambulare , capitis naribus purgamenta projicere , sputis rheumata jacere . Hoc nec bonum , nec malum : sive enim feceris , sive non , nec justitiam habebis nec injustitiam , said S. Hierom. Continence is good , and luxury is evil ; but between these it is indifferent 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 . For besides that S. Hierom 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 instances are in natural things , where the will hath very little to doe , we shall best understand this proposition by the instance of S. Gregory ; Nonnulli diligunt proximos , sed per affectionem cognationis & carnis , quibus in hac dilectione sacra eloquia non contradicunt . Our natural love to our kindred is a thing so indifferent , not in it's own nature , but of so little concern to eternity 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 that which is natural is first , and then that which is spiritual : 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in S. Austin ; Esse fatemur liberum arbitrium omnibus hominibus , habens quidem judicium rationis , non per quod sit idoneum quae ad Deum pertinent sine Deo aut inchoare , aut certè peragere , sed tantum in operibus vitae praesentis , tam bonis quam etiam malis . Bonis dico quae de bono naturae oriuntur , id est , velle laborare in agro , velle manducare & bibere , In things pertaining to God we cannot begin , or at least we cannot finish any thing without God and 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 . 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 , Velle quicquid bonum ad praesentem pertinet vitam , non sine Divino gubernaculo subsistunt , 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 demonstrate , 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 themselves are not indifferent . And this doctrine is to great and severe purposes taught by our Blessed Saviour , Of every idle word that a man shall speak , he shall give account in that day . It was a known saying among the Jews , Cavebit vir ne cum uxore lequatur turpia , quia etiam propter sermonem levem viri cum uxore adducetur ille in judicium , said Rabbi Jonah ; Even the loosenesse of a mans talk with his wife shall be brought into judgement : and Maimonides said , Pleraque verba sunt otiosa & causam praebent iniquitatis , Most words are such which some way or other minister to iniquity , and therefore shall certainly passe the fiery trial . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so it is in some Greek copies , every wicked word : for an idle word is not indifferent ; it may have in it some degree of wickednesse , and therefore may be fit to be forbidden , and consequently shall be judged . Otiosum verbum est quod sine utilitate & loquentis dicitur & audientis , si omissis seriis de rebus frivolis loquamur , & fabulas narremus antiquas . Caeterum qui scurrilia explicat , & cachinuis ora dissolvit , & aliquid profert turpitudinis , hic non otiosi verbi , sed criminosi tenebitur reus , said S. Hierom , 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. Chrysostome 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 , and that which is mixt with lying or slander . Omne verbum quod non conducit ad propositam in Domino utilitatem vanum & otiosum est , said S. Basil ; That word which is not for edification , that is , that which does no good at all , must needs be evil : Nay further yet , Verbum otiosum est quod , etiamsi bonum sit , ad aedificationem fidei tamen non aptatur . Et si ejusmodi verba in celeberrimo illo totius orbis conventu examinabuntur , quid scurrilibus , & detrahentibus , & 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 ? I suppose , S. Basil'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 . Martial 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 . Vir probus , justus , innocens timeris . And Sidonius tells of some idle persons , quos execrabilis popularitias agit ; civium maximos manu prensant , éque consessu publico abducunt , ac sequestratis oscula impingunt , operam suam spondent , sed non petiti . Utque videantur in negotii communis assertione legari , evectionem refundunt , ipsosque sumptus ultro recusant , & ab ambitu clam rogant singulos , ut ab omnibus palam rogentur , &c. their very civility is troublesome , their idlenesse is hugely busy , and their imployment signifies nothing . Ardelionum natio , occupata in otio , Gratis anhelans , multa agendo nihil agens , Sibi molesta & aliis odiosissima . 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 . The effect of this question is very great ; 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 spirit which seizes upon most men while they doe actions which they consider not whether they be right or wrong , and supposing actions , many more then there are , to be in their whole kind indifferent , would fain make them so in their individual , 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. Every thing we doe must twice passe through the Conscience ; once when it is to be done , and again when it is 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 becomes 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 〈◊〉 it is in conjunction 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 . Question II. Whether is it necessary for the doing of good that we have an expresse act of Volition ? 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 ? That is , 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 ? This is not a question of single actions principally , but of states of life and being ▪ 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 endearment of the actions , the zeal and forwardnesses of the will and an active piety . First therefore in general I answer , then more particularly . In the Law of Moses the righteousnesse commanded was a designe for Innocence , their great Religion was Rest , their Decalogue was a systeme especially of Negative commandements , 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 beauties ; 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 onely 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 holy name that is called upon us . And this is with some mysteriousnesse intimated in the several senses of those words of Scripture [ Therefore let my Name be called upon them . ] So Jacob's name was called upon Rebeccah , and Uriah's name upon Bathsheba ; Rebecca Jacobi , & Uriae Bathsheba : and upon Ephraim and Manasseh when Jacob's name was called , the purpose was that they should be reckon'd not as if they had been sons of Joseph , but the sons of Jacob , having an equal portion in the divisions of Israel . So in the Prophet * , Onely let thy Name be called upon us , that is , let us be reckon'd in thy portion , accounted to be thy people , thou our Father , and we Sons and Daughters unto God. 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 expression rendred to such purposes as will signifie something on our parts also , some emanation of our will and choice , even an active duty . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , They blaspheme that holy Name which is invocated upon you , 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 invocation relative to two termes , both active and passive . And since it is evident and clear in the Scriptures of the New Testament that calling on the Name of the Lord is us'd for being Disciples and servants of the Lord , as appears in those words , Whosoever shall call on the Name of the Lord shall be saved , 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 . And this is rarely well taught us by a proverbial saying used by our Blessed Lord , He that is not with us is against us ; and he that gathereth not , scattereth abroad : 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 indifferent , 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 populus voluntarius , 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 . There are in the Gospels two proverbial sayings , each of them twice us'd . He that is not with us is against us ] and , * He that is not against us is with us . ] The sayings are of contrary purpose and effect . For as the first 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 1. When Christ said , He that is not against us is with us , 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 conspire against the Lords Christ , he that refuses to joyn with them , declares that he will not be Christs enemy ; and est quiddam prodire tenus , this little is more then nothing . Thus Gamaliel 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 Joseph of Arimathea , that he was not consenting to the sentence of the high Priests in putting 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 . 2. This is also true in questions of religion of difficult understanding , and lesse necessary knowledge , or not of immediate concernment to salvation . 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 strangers voice , is not far from the kingdome of heaven : 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 always 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 conformity to those other articles in which public peace is more concerned then public 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 . 3. He that is not against Christ is with him , is true in the preparations 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 according 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 excellent dispositions , and by the methods of the spirit bring him to God. Upon this stock it was that God sent S. Peter to Cornelius , 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. 4. This is true also in the habits or actions of any one vertue when it is alone , 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 a cup of cold water to a thirsty disciple , 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 worthy disposition and of tender bowels : and therefore much more shall every worthy habit , though it be alone , though entring from a lesse perfect principle then a spiritual and Christian grace . The chastity of Lucretia , the honesty of Decianus , the truth of Rutiius , the bravery of Scaevola , the repentance of Ahab , the humiliation of Manasses , the zeal of Jehu , the compassion of Titus over Jerusalem , these things and these persons are consider'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 gracious , 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 proportion 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 . 5. This is true of those who being secretly convinc'd cannot yet shake off their prejudices and their pitiable fears , who own Christ in their hearts , whose faith is weak and their doubts are strong , who fear God heartily , 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 Nicodemus 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 kingdome , but this brought him from the enemies side , like the Kenites and the sons of Rechab in the land of Israel . 6. To be with Christ hath many parts and degrees of progression and avail . Every man that professes Christ is with him ; he that is baptized , 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 , because he is not against him . For whoever is a member of the Church , whosoever retains his baptismal right , he that hath not renounced Christianity , 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 perpetual effect . Every such person is yet a member of Christ , though barren 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. Paul largely discourses in the sixth and tenth Chapters to the Hebrews . But those who sin against Christ , & dishonour and grieve the holy Spirit of Christ , who sin and repent and yet sin and repent 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 . For all this effects nothing else , but that we are tied to treat such persons 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 anathema , 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. 7. But when we are entred into the Covenant of Grace , 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 we must be with him and for him , earnest and zealous , passionate and obedient , diligent and true , industrious and inquisitive ; then it is , He that is not with Christ , is against him . 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 ; for so saith our Blessed Saviour , I am the Vine ; my Father is the Husbandman : Every branch in me that beareth not fruit shall be cut off . 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 Caesar and Pompey . Pompey had the possession and the right : and therefore as Cicero in his Oration pro Ligario affirms , Pompey's party acknowledged none but his certain and professed friends ; adversarios autem putare nisi qui nobiscum essent , and all to be against them that were not with them : Te autem ( saith he to Caesar ) qui contra te non essent , tuos . For Caesar 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 Conversion ; it is a degree of victory to arrest our thoughts , and our not consentings 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 philosophy relies upon these principles : * He that does not love God is his enemy ; * Not to goe forward is to goe backward ; * 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 we must contend earnestly for it ; and * We must confesse with our mouth , what we believe with the heart ; * 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 ; for obstat quicquid non adjuvat , if it does no good , it does hurt : and when the talent is intrusted to us it must not onely not be spent riotously , but it must not be laid up in a napkin . Pensemus quod lucrum Dei fecimus nos qui accepto talento ad negotium missi sumus . Unlesse we gain and put something to God's heap , we are unprofitable servants . By the proportion of this truth in the state of our life , we are to account 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 general 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 edification , 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 . RULE II. The virtual and interpretative consent of the Will is imputed to Good or Evil. THis Rule is intended to explicate the Nature of Social Crimes , 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 . 1. By Ratihabition and Confirmation . In maleficio Ratihabitio mandato comparatur , saith the law : To command another to doe violence is imputed to him that commands it more then him that does it . So Ulpian interpreting the interdict Unde tu illum vi dejecisti , affirms eum quoque dejicere qui alteri mandavit vel jussit : and therefore Ptolemy was guilty of the bloud of Pompey when he sent Pothinus to kill him , Hic factum Domino praestitit… . Now because ratihabition is by presumption of law esteem'd as a Commandement , therefore Ulpian affirms of both alike , Dejicit & qui mandat , & dejicit qui ratum habet . He that commands , and he that consents after it is done are equally responsible . Now though the law particularly affirms this onely In maleficio in criminal and injurious actions , yet in the edition of Holoander 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 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 . For in matters Criminal , 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 effective damnation . But in actions Criminal there is this difference to be observed . 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 approves it . He that approves it is indeed guilty of the same kind of sin , because 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 , ratihabentis nomine gesta , which are done in anothers Name , and either partly or wholly 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 serving of his lust they are designed to serve anothers interest ; as if Titius steal Sempronia and run away with her , or lie with Maevia the daughter of Amilius to doe a spite to the Father for the injury he did to Tubero , not onely Titius but Tubero is guilty of the crime , if Tubero approves what Titius did for his sake . But now if it be inquir'd what real event as to Conscience this nice distinction without greater difference can have , that in one case he that approves 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 suppos'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 ratihabition , 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 ratihabition is ordinarily ( though very evil ) yet much lesse then the other's action . 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 notice , 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 . Ventidius was married to Romanella ; but growing rich , and being made a Roman 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 Ventidius upon some trifling occasion , but in a great passion , flings something at Romanella , which caused her to miscarry , and to die . Ventidius 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 advice , and was told , that though in Conscience he was guilty of murder , because 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 marriage . And there is reason for it ; because though Ventidius 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 therefore 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 onely guilty before God of the crime , and liable to an equal share of the punishment ( 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 discountenancing 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 ratihabition 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 Criminal . But in matters Civil , as in contracts , debts , pledges , provisions for pupils , the law is to determine the whole affair , and to account the ratihabition 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 pro forma , 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 ea quae pertinent ad solennitatem contractus , à contractu dividi non possunt , say the lawyers ; and ubi forma actus deficit , corruit actus , l. Julianus . 9. § . si quis . ff . ad exhib . If there be an essential defect of what is by law requir'd to the validity of the act , the 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 * . 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 impos'd in cases of presumption or fiction of law , amongst which is this , of the equivalence of ratihabition to a command . If the son marries a widdow 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 ; because 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 . But since ratihabition is at the worst but an interpretative command , 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 , Question . Upon whom doth the greater portion of the Guilt lie ; upon him that commands a sin , or him that sins in obedience ? Although the question of degrees may here be usefull to some purposes of Conscience , yet it is just to condemn them both with a downright sentence . For so the wise Ape in Esop 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 , Tu non vidêris perdidisse quod petis : Te credo subripuisse quod pulchre negas . 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 wicked 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 To this I answer by a distinction known in the Civil law , of Mandatum & Jussio . Mandatum is amongst equals , by bidding , incouraging , warranting 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 Jussio 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 estimate from the grandeur and sacrednesse of the authority , and the degree of the fear which can be the instrument of prevailing and determining . And therefore when Attilius had spoken gently with Cracchus ut Patriae parceret , seeming to have discover'd his design , Gracchus looking terribly upon him , one of his servants , non expectato signo , ex solo vultu conjectans adesse tempus , ratusque initurum se gratiam apud Patronum si primus rem aggrederetur , stricto ferro trajecit Attilium , saith Appian , staied neither for command 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 Attilius upon the place . Now such an influence as this from a superior to an inferior is so little , that the servant is much more to blame then the Master . But when Henry the second in a rage complain'd that none about him would rid him of that peevish man , meaning Arch-Bishop Becket , it was more then the frown of Gracchus , 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 Domitius the Father of Nero commanded his freed man to drink to drunkennesse , so earnestly that he kill'd him for refusing it , and as Cambyses did to Praxaspes ; 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 actions 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 obedience , and an undiscerning subjection ; which because in most things it ought not to dispute , 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 ; etenim quod imperante te servus tuus Faciebat , abs te id esse factum existimo . And this the law it self observes in the commands of some superiors : Qui jussu judicis aliquid facit , non videtur dolo malo facere , cui parêre necesse habet ; 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 , because Res judicata pro veritate accipitur , saies the law , they declare law by their sentence and commands ; yet the Romans observ'd it in the case of Clients and freed men to their Patrons , as Livy reports it in the case of the freed man of Appius the Decemvir ; and the old books of Philosophers observ'd it in the obedience of children to their parents , as Aulus Gellius recites out of them . But then this also admits of one distinction more , which the law thus expresses ; Ad ea quae non habent atrocitatem sceleris vel facinoris , ignoscitur servis , si vel Dominis vel his qui vice Dominorum sunt , velut Tutoribus & Curatoribus , obtemperaverint , 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 ( without other constraint ) this hath been holden to be felony in her , saith Sr Richard Bolton the L. Chancellor of Ireland : and for this he quotes Bracton , and addes this reason out of him ; For licet Uxor obedire debeat viro , in atrocioribus tamen non est ei obediendum , 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 commands , but uses compulsion , then it is so far excus'd , that in the wife the theft is not felony ; but murder is , because the greatnesse of the horror in such a fact is sufficient to prevail against the husbands threatnings and her own fear , 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 considerations 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 Sirach is the great rule in this question , Accept no person against thy soul , and let not the reverence of any man cause thee to fall . But all this is to be understood of those actions which are Criminal both in the Commandement and in the obedience , 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 transgression 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 Joab and the Captains numbred the people against their wills upon the peremptory command of David their King , 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 David'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 David wholly takes the fault upon himself , — mea fraus omnis , nihil iste nec ausus , Nec potuit… . I have sinn'd and done wickedly , but what have these sheep done ? * 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 . 2. Under this head is reduc'd the praising of an action : Which if it be done with a designe to promote it , is first a sin in the approving it secretly , and is another sin in setting it forward publicly . According to this is that saying of the Arabians , Qui laudat obscoenum perpetrat illud , He that praises an unclean action is himself an unclean person . And therefore it was good Counsel , Qualem commendes etiam atque etiam aspice… for by our words we shall be judged : but , as Salust said of Caesar and Cato , Alius aliâ viâ , some one way , and some another get great names . Cato was famous for discountenancing , Caesar for being a patron of evil men ; but Cato was the better man : and upon this account Pliny commends one , or navit virtutes , Insectatus est vitia , he adorned vertues with a fair character , but reproach'd vitious persons : and he that by praises and dispraises respectively does not distinguish vertue and vice cannot be a good man. Ne laudet dignos , laudat Callistratus omnes . Cui malus est nemo , quî bonus esse potest ? For in vain doe laws make a distinction between good and bad , if they be all blended in a common reward . Malè pereas qui Gratias virgines , meretrices effecisti , said Democritus to one that gave large gifts to all men alike . Concerning which it was excellently said by Maximus Tyrius , Qui largiuntur indignis ea quae dignis conferenda essent , tria praestant absurda : Nam & ipsi jacturam faciunt , in bonos sunt injuriosi , malosque roborant segete ac materiâ vitiorum suppeditatâ To give to vice any of the treatments or rewards of vertue is a treble mischief : The gift or reward is lost , and injury is done to vertue , and evil men are incouraged in their evil courses . 3. By consent , silent and implicite , we are partakers of the fact of others : by not contradicting we are sometimes adjudged willing . Of the main part of the proposition there is no doubt , but that a consenting to evil is a sin ; a consenting to any action gives it as much authority , 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 . For 1. It is evident that then silence is an implicit consent , 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 license ; 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 . But this is not true in those things which to their stabiliment or warranty require a positive act . For sometimes a silence is but an indifference and neutrality , according to that of the law , Qui tacet non utique fatetur , sed tamen verum est eum non negare ; He that holds his peace neither confesses nor denies : and in the Canon law , Id in tua Ecclesia dissimulare poteris , ita quod nec contradicere , nec tuum videaris praestare assensum ; The Bishop's dissembling or taking no notice in some cases , is expounded neither to be a contradiction nor consent : and the glosse in cap. cum jamdudum de praeben , affirms , Multa per patientiam tolerantur , quae si deducta fuerint in judicium , exigente justitiâ non debent tolerari , Some things are patiently suffer'd , which if they were publicly complain'd of , ought not to be suffer'd . But these seeming antinomies are both very reasonable in their own senses , and therefore are easy to be reconcil'd . For if the act about which the superior is patient be connvi'd at , 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 no silence is esteem'd a ratihabition of a past act : 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 pardon 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 reproving of a past fault , may be want of duty and discipline , and a criminal omission 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 occasion of a future . But then silence is an interpretative consent , when it is 1. a silence of a thing observed , and 2. at present , and 3. that can be hindred : and then indeed in law it is a great presumption , but not always in Conscience ; because it may proceed from a neglect of duty that the superior takes no notice of the action , or from many other causes , as pusillanimity , just fear , or weaknesse , which because they cannot always be prov'd or observ'd , they may conclude legally from silence to consent or dispensation : yet the processe of Conscience 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 greater causes to justify her liberty . And therefore though the superior be silent , 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 onely , and not very necessary . In the reducing this to practice three cautions are to be attended . 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 . 2. This presumption is not to be extended beyond that very action that is done in the presence , 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 dispensation wholly depends upon the consent of the superior , and this consent 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 . 3. If the tacit dispensation be of such nature that it cannot give leave to a present observed action , but by introducing a faculty , or state , or potentiality 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 Bitonto 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 presumptive leave or dispensation for his irregularity . But because this single action 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 probable 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 future ( 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. 2. He does implicitely consent to an action , who consents or commands any thing to be done , from whence such an action or leave must necessarily follow : and the reason is , because he ought not to doe things repugnant 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 tacit consent or dispensation respectively , for it is a virtual . He that collates the order of Priesthood upon me , intends I should doe the whole office . Princeps enim qui illi dignitatem dedit , omnia gerere decrevit , saith the law . Thus he that dispenses in the irregularity , consents to all the actions which he does by virtue of the removing that impediment , who is so dispens'd with . Which proposition is onely so to be understood , 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 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 pardon , 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 , cannot convey the crime and guiltinesse . Question . Upon the occasion of this , it is seasonable to inquire how far it may be lawfull , and can be innocent to permit a sin . The case is this . Pancirone an Italian Gentleman invites a German Embassador to dinner , feasts him nobly , sets before him plenty of delicious wine , enough to exhilarate him and all his company ; but the German after his country fashion thinks it no entertainment unlesse he be drunk . The question is whether Pancirone 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 ? If this Question had been ask'd in the Primitive Church , the answer would have been a reproof to the inquirer , as one who no better understood the laws of sobriety and hospitality , and the measures of the Christian feastings . Posidonius tells of S. Austin , Usus est frugali mensa & sobriâ , quae quidem inter olera & legumina etiam carnes aliquando propter hospites & quosque inferiores continebat . Semper autem vinum habebat , quod tamen moderatissime bibebat , quia noverat & docebat , ut Apostolus dicit , quod omnis creatura Dei bona sit , & nihil abjiciendum quod cum gratiarum actione percipitur . 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 every creature of God is good , if it be received with thanksgiving . 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 peradventure but as a feast is the enlargement of our ordinary diet , so the entertainment 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 Greeks whom Lucullus feasted wondred why for their sakes he should be so large in his expences , he answer'd , Nonnihil , O Hospites , vestri causâ , sed maxima pars Luculli gratiâ , 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 Pancirone suffer the German 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 Panicrone 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 . I and my house will serve the Lord , said Joshuah : and when God gave to the Israelites the law of the sabbath , he gave it for themselves and their families and the strangers within their gates . * 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Christian sobriety hath other laws . Does any man when he relieves 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 minister to the rich man within , for whose sake is that excesse given ? If Codrus 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 : & 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 , When thou makest a feast , call not the rich , but call the poor : 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 approaches 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 intemperance : 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 . 3. He that gives Counsel or aid to an action good or evil , consents to it , and it is imputed to him as a product of his will and choice . This is expressely affirm'd by all laws Civil and Canon , and the Municipal laws of all those Nations of which I have seen any records concerning this matter : and the interpreters universally consent , with this proviso , 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 in detestationem facti , 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 . Quam bene dispositum terris , ut dignus iniqui Fructus consilii primis authoribus instet ? Sic multos fluvio Vates arente per annos , Hospite qui caeso monuit placare Tonantem Inventas primùm Busyridis imbuit aras , Et cecidit saevi , quo dixerat , hostia sacri . So Claudian . 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 infortunate : not but that even counsel that is given with purpose to doe a mischief 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 advice 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 expect the event to make a judgement of the counsel . The same also is affirm'd in the case of giving aides to an action good or bad ; in which there is no variety , but of degrees onely : for when they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in combination , it is mischief with a witnesse . Non caret effectu quod voluere duo . 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 . Sic opifex Tauri , tormentorumque repertor , Qui funesta novo fabricaverat aera dolori , Primus inexpertum Siculo cogente Tyranno Sensit opus , docuitque suum mugire juvencum . Perillus invented and made witty instruments of cruelty , to invite Phalaris 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 laws ; but in Conscience he is guilty according to the secret malice of the principle : and therefore when Lucius Carpentus kill'd Nicanor , his page that hated Nicanor mortally , and did nothing but thrust his Masters sword further into his heart , to shew his ill will , though Carpentus had sufficiently kill'd him , was as much a Murderer as his Master was . In humane laws there is great difference in these things . 1. For if many by joyn'd counsel set upon a man and kill him together , 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 . 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 injurious , and are punish'd accordingly . 3. If one give the deadly wound , and the other knock him on the head and so speed him , they are both murderers alike . 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 . 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 methods of justice ; yet in the Court of Conscience there is a more certain proceeding , 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 . Question . Whether or no is the making and providing the instruments which usually minister to sin , 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 ? 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 , Tumblers , Players , Fencers and the like ; it being an injunction of the Apostle that every Christian should labour with his hands 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that which is good , 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 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , either the true or the honest , the just or the pure , the lovely or of good report ; and it will be hard to reduce some of those trades to any of these heads . But I cannot see reason enough to say that if any man sins by the using of these arts● 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 otherwise 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vain arts , and if they be not directly punishable , they can have no reward at all . But Alexander 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 dexterous 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 although , 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 . But some inquire whether the trade of Card-makers and Dice-makers be lawfull : 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 . To which I answer , that some things minister to sin immediately , others mediately onely and by the intervention of something else ; some minister 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 distinctions make but one difference of things , but give several reasons of that difference . Those things which minister to sin immediately , by their very nature and designe , and therefore minister to no good unlesse it be accidentally 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 , they are of evil , and they are evil , and they tend to evil . 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 generally 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 remarkable 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 : imò tu colis , qui facis ut coli possint ; 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 approaches toward religion ; of which I have already given accounts out of Tertullian De spectaculis c. 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 practice . 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 . Question . Whether it be lawfull to play at Cards or Dice . S. Chrysostome affirms , Non Deum invenisse ludum , sed Diabolum , Not God , but the Devil * found out play . It may be he alluded to that of a Plato , who saies that the spirit Theuth 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. b Cyprian saies that , quidam studio literarum bene eruditus , multum meditando hoc malum & perniciosum studium adinvenit , instinctu solius Zabuli qui eum artibus suis repleverat . Hanc ergo artem ostendit , quam & colendam sculpturis cum sua imagine fabricavit , Some very learn'd person inspired and filled with the arts of the spirit Zabulus taught the art of dice and tables : and he addes , that he so order'd it , that no man might touch the tables till he had first sacrific'd to Zabulus . And therefore M. Mantua affirm'd it to be very unlawfull to play at dice or tables , upon this very reason ; Non tantum aleae lusum crimen esse , sed malorum daemonum inventum , It must needs be unlawfull when it is more then so , as being the very invention of the devil . And this fierce declamation hath prevail'd amongst many wise men to the condemnation of it . Vincentius saies , Manus Diaboli est ludus taxillorum : and Bodinus is yet more particular , he tells us how ; for , saies he , in alea & fortuito illius jactu geomantiam artemque diabolicam sitam esse , The chance and luck of it is a kind of geomancy or diabolicat art . Indeed if he had meant that the art of conducting 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 contingency 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 the Devils conduct : which truly is not very improbable in some cases to be admitted ; but because it is uncertain , Apherdianus calls it diabolical or found out by the Devil , by reason of the craft us'd in it , and the evils consequent to it . Daemonis instinctu sibi quod reperêre maligni Cum variis homines in sua damna dolis . 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 inordinately , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they are in an ocean of mischiefs , and can hardly swim to shore without perishing . And therefore it is no wonder that holy men and wise Common-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. Isidore ; Ab hac arte autem fraus & mendacium atque perjurium nunquam abest , postremo & odium & damna rerum . Unde & 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 wickednesse , sometimes these are wholly forbidden by the laws . For so we find it forbidden in the Civil laws of Princes and Republics . M. Mantua tells that by an old law of Egypt , every man was easily admitted to the accusation of a gamester or dice-player ; and if he were convicted of it , he was condemned to the quarries : and Josephus Mascardus 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 certain it was forbidden by the laws ; Seu mavis vetitâ legibus aleâ . The lex Roscia punish'd those persons with banishment who lost any considerable 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 Fiscus , as Asconius Paedianus tells in his observations upon Cicero's second book de Divinatione . Justinian the Emperor made an expresse law against it , forbidding it both in public and private houses . Magnus Sfortia forbad dice and tables to be us'd in his campe : Philippus Adeodatus severely prohibited it in the Commonwealth ; so did Charles the seventh of France : For in the perpetual and daily abuse of such sports the Commonwealth hath much incommodity , and consequently many interests in the prohibition . Ludus enim genuit trepidum certamen & iram ; Ira truces inimicitias & funebre bellum . The public peace cannot be kept where public dicing-houses are permitted , and therefore the Romans were so severe against such public houses and scenes of debauchery , that the Praetor said , Si quis eum apud quem aleâ lusum esse dicetur , verberaverit , damnúmve ei dederit , sive quid eo tempore domo ejus subtractum erit , judicium non dabo , If the Gentlemen beat the Master 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 Seneca calls them loca aedilem metuentia , houses afraid of the Magistrate . 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 ; that is , gaming-houses , which we learn from Martial , Arcana modo raptus è popina Aedilem rogat udus aleator , The Dice-player half drunk newly snatcht from his Tavern or Ordinary beseeches the Aedile for mercy . But in the Civil law the punishments of the Gamesters , and especially the keepers of the gaming-houses , by the confiscation 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 a Danaeus and b Jodocus Damhouderius . But I observe that the especial remarks that the Civil laws of Princes and republics put upon this kind of ga●●ing is that it causes many quarrels ; — dum vitreo peraguntur milite bella : 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 regard , as the cause of all the mischief . But when this question and these observations fell into ●he hands of the Church , 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 exceedingly 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 , & that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d●inking and gaming are joyned so frequently that they are knit in a proverb , and that these together baffle the spirit of a man and drive away the spirit of God , Aleáque & multo tempora quassa mero Eripiunt omnes animo sine vulnere vires , 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 . Aleator quicunque es , Christianum te dicis , quod non es , said S. Cyprian , A common gamester or dice-player may call himself Christian , but indeed he is not : and S. Clemens Alexandrinus saies , inconsideratum luxuriae amorem otiofis isthaec ●●eae oblectamina suppeditare , desidiámque in causa esse , idlenesse and wantonnesse provides these games for the lazy and uselesse people of the world . And therefore S. Bernard said that the pious and Christian souldiers that inhabit Jerusalem , aleas detestantur , mimos , & magos , & fabulatores , scurrilesque cantilenas , tanquam vanitates aut insanias respuunt & abominantur ; they hate dice , and abominate jesters , and juglers , and players , and idle songs like vanities and madnesse . Upon these or the like accounts the Fathers of the Council of Eliberis separated these gamesters from the Communion . Si quis fidelis aleâ , id est , tabulâ luserit , placuit eum abstinere . Et si emendatus cessaverit post annum poterit reconciliari ; A Christian playing at dice or tables is not to be admitted to the Holy Communion , but after a years penance and abstention , 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 Charles 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 Schonaeus said in the case of Saul , — quae potest esse in tanti sceleris Immanitate coercendâ crudelitas ? No laws are too severe , no sentence is too rigid for it's sentence and condemnation . But if the case can be otherwise , if playing at dice and tables can become 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 & 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 severities , the strictures and more earnest tendences of his mind . Quin ubi se à vulgo & scena in secreta remôrant Virtus Scipiadae & mitis sapientia Laeli , Nugari cum illo , & discincti ludere , donec Decoqueretur olus , soliti . — Laelius and Scipio would play till they had digested their meal . And of Archias of Tarentum it was said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 , collected by Alexander ab Alexandro . But in particular concerning dice and tables we find in Valerius Maximus related of Q. Mucius , Aleae quoque & calculis vacasse interdum dicitur , cum bene ac diu jura civium ac caeremonias deorum ordinasst : Ut enim in rebus seriis Scaevolam , ita & in scurrilibus * lusibus hominem agebat : that sometimes he would play at dice and tables , when he had first dispatch'd the businesse of the Commonwealth prosperously , 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 , and Porcius Cato 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 , from the crimes and from the reproach , 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 : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Julian , such little imployments are like the pauses of music , they are rests to the spirit and intervals of labour . And therefore Johannes Sarisburiensis allows of every game , quae absque vitio curarum gravium pondus allevat , & sine virtutis dispendio jucundam interpolationem gaudiorum affert , if it can ease our griefs , or alleviate our burdens without the losse of our innocence . Now that cards and dice are of themselves lawfull I doe not know any reason to doubt . For if they be unlawfull , it is because they are forbidden , 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 consultations 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 suspected in any Criminal sense to tempt the Divine providence , who by contingent 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 happens . 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 appendages which are so frequently attending upon these kinds of games , besides 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 , bulbaiting , 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 ●ull : but they may be separated by the following advices . Rules of conducting our Sports and Recreations . 1. Let no mans affections be immoderately addicted to them . And this requires a great diligence and caution . For as Petrarch said well , Hoc est in regno stultitiae commune , ut quarum rerum minor est fructus , & cupiditas & delectatio major sit , In the kingdome of folly we are most pleased with those things by which we have the least profit . And the want of doing 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 nature 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 necessity , nor yet so large as humor or desire ; 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 recreation and his sports . Cito rumpes arcum semper si tensum habueris : At si laxâris , cum voles , erit utilis . Sic lusus animo debent aliquando dari , Ad cogitandum melior ut redeat tibi . 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 consider'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 purpose was that saying of Plato reported by 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 ; that is , to make it a portion of our businesse , an expence of our time due to worthy imployments : and therefore in the laws , not the action it self , but the abuse , and particularly the frequency , is noted and forbidden . Ludentes quotidie ad aleam , & tabernarum frequentatores inter infames habentur , saies the constitution . Quorum aut latrunculi , aut excoquendi in sole corporis cura consumpsêre vitam , 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 religion 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 refreshment 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 , … . Cum mediae nequeant te frangere noctes , Nec tua sit talos mittere lassa manus , 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 . 2. He that means to make his games lawfull must not play for money , 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 recreation is to divert the mind or body from labours by attending to something 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 unprosperous from detriment and losse of victory , so to crosse the proverb , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 entertainment or love-feast , and then there is nothing amisse ; but if it be considerable , there is a wide door open to temptation , and a man cannot be indifferent 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 without the money he cannot mind his game , then the game is no divertisement , no recreation , but the money is all the sport , and therefore covetousnesse 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 being weary to become covetous , and from the trouble of labour or study remove 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 , Quaerit compositos manus improba mittere talos , here cards and dice begin to be a diabolical art , and men are witty to undoe or defraud one another , … .. Neque enim loculis comitantibus itur Ad casum tabulae , positâ sed luditur arcâ . Men venture their estates at it , and make their families sad not poor , because 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 certainly . But Hoccine credibile est aut memorabile , Tanta vecordia innata cuiquam ut siet Ut malis gaudeant , atque ex incommodis Alterius sua comparent ut commoda ? ah ! Idne est verum ? Imo id genus hominum Est pessimum… .. 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 & pastime , are the worst of men , said the Comedy . But concerning the losse of our money , 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 . Positâ dum luditur arcâ , stat pauper nudus atque esuriens ante fores , Christusque in paupere moritur , 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 . 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 difference ; 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 hazard 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 , Ubi centuplex murus rebus servandis parum est , where no wit , no observation , no caution , can save our stake : for Adversis punctis doctum se nemo fatetur ; Vulnera plus crescunt punctis quam bella sagittis , 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 family , 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 permitted 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 . There are two little cases pretended to lessen this evil , and bring it from unlawfull to lawfull . The one is , that when a man hath lost his money , 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 at first 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 , whatever he pretended , he did play for more then he was willing to loose . Sic ne perdiderit , non cessat perdere lusor , Et revocat cupidas alea saepe manus . 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 reproves he knows not what : so that by this time 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 . The other case is this ; 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 Theodoric King of the Goths did win at dice or tables he was very bountifull to his servants , and being over-pleas'd with his own good fortune , would grant them any thing . But Augustus Caesar did use to doe this thing bravely . He gives this account of himself in a letter of his to Tiberius ; Ego perdidi viginti millia nummûm meo nomine : sed cum effusè in lusu liberalis fuissem , ut soleo plerumque . Nam si quas manus remisi cuique exegissem , an t retinuissem quod cuique donavi , vicissem vel quinquaginta millia : sed hoc malo . Benignitas enim mea me ad coelestem gloriam efferet . He lost ( suppose ) 20000 Crowns ; but it was not his ill fortune or his ill conduct , but his excessive 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 convetousnesse 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 ? Parysatis did it yet more innocently , when playing with her yong son Artaxerxes , 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 correspond 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 it is a thousand times better in some cases to give him something , and in all cases to play for nothing . 3. For it is a worthy inquiry , 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 answer to this question , if I shall speak what I think , I am like to prevail but little , because the whole world practises the contrary ; … .. Et nunc in hacce publica Contage morum , congreges inter malos Malum esse jus est . Nam nunc Leges nihil faciunt quod licet , nisi quod lubet , 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 . Therefore 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 Romans , 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 , ut quod ille in alea perdiderat , beneficio legis dissolveret , that the law should pay what the fool and the prodigal had lost . An old Epigrammatist affirmes that such gains will never thrive , Per scelus immensas quid opes cumulare juvabit ? Turpiter è manibus res malè parta fluit . And no wonder if such gains be the purchaces of a thief , and no better then robbery . Aristotle joyns them together in the same kind of dishonourable crime , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He that plays at dice for money , and the thief are illiberal gamesters , for they are guilty of filthy lucre : and Seneca says , — immensas opes Jampridem avaris manibus , ut perdat , rapit . 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 beside . Pascasius Justus observes that the Spaniards call such gamesters Tahur , which is the Metathesis of Hurta , 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 . S. Bonaventure 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 indeed 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. Austin . 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 . Aleatoris eleemosyna invalida est & nihili apud Deum , saith S. Bonaventure . Oblatio enim de rapina reprobatur ▪ saith the Canon law , and eleemosynae & sacrificium non placent Deo quae offeruntur ex scelere . The money is gotten by an equivocal contract , and an indirect rapine , 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. Paul. But at last , 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 accept 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 . Bona aleâ amissa tanquam furto ablata [ veteres ] restituenda putabant . S. Austin 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 . 3. No man can play lawfully at such games but those who are dispassionate , and of sober spirits , under the command of reason and religion ; and therefore to play for money will be quickly criminal , for Ploratur lachrymis amissa pecunia veris ; Et majore domus gemitu , majore tumultu Planguntur nummi quam funera . Men may weep solemnly for the dead , but they will be heartily troubled when their money is departed ; and therefore there is but little sport in such games . And this Alexander the Great rightly observ'd , when he set a fine upon some friends of his , quod in ludo aleae sensisset eos non ludere , sed velut in re maximè seria versari , fortunas suas omnes aleae permittentes arbitrio , 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 . Seneca tells that Julius Canus was playing at tables , when the Centurion being sent upon a desperate service , and went out leading agmen hominum periturorum a troup of men to death , hapned to call him out to march in that service . Julius Canus 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 . Ludit cum multis Vatanas , sed ludere nescit : Et putat imperio currere puncta suo . 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 . 4. 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 . Ab isto lusu arcendi sunt pueri , tum propter pecunias quas perdunt , tum propter vitia quae colligunt , & mores pravos quos inde addiscunt : 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 , the onely son of Claudius 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 Sidonius saies , Alea est oblectamentum senum , ut pila juvenum , Tables for old men , and the Ball for yong men . Cato 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 , Augustus in his letter to Tiberius mention'd by Suetonius hath these words , Inter coenam lusimus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & heri & hodie , Yesterday and to day we plai'd like old men ; that is , at tables . But this is matter of prudence , 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 permissions is that resolution of Cicero , Quantum alii tribuunt intempestivis conviviis , quantum denique aleae , quantum pilae , tantum mihi egomet ad haec studia recolenda sumpsero , 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 . 5. That our games may be innocent , we must take care they be not scandalous , that is , not with evil company , not with suspicious company . Ciceroni nequissimorum hominum in ludo talario consessus ? shall Cicero 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 Marc Anthony , domum ejus plenam ebriorum aleatorumque , 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 prejudice 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 reproach you , we must give him no occasion . In these cases , it is fit we abstain : 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 innocent , there is no further question , but those trades which minister to these divertisements are innocent and lawfull . RULE III. The act of the Will alone , although no external action or event doe follow , is imputed to good or evil by God and men . THe will of man in the production and perfecting of a sin hath six steps or degrees of volition , in all which the sin is actual , excepting the first onely . 1. The inclination of the will is the first ; and that 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 God made and not man , 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 although this be the case of our natural inclination , yet if our inclinations be 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 . And therefore the case of an habitual 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 consents 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 vertue 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 meditation 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 action ; 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 restraining grace remains still for the revocation of the man to wisedome and security . 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. Question . But is it not a mercy for a man to be recalled from acting his adultery ? is it not charity to two persons to keep Autolycus from killing the steward of Stratocles ? and if so , then there is sin in the action as well as in the affection , 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 . To this therefore I answer , That all the morality of any action depends wholly on the will , and is seated in the inner man ; and the eye is not adulterous , 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 innocent 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 covetousnesse ; 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 capacity 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 consent 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 externally 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 some person or to some interest , to something besides the sinning man , and there are some contingencies and some circumstances 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 confirmation , or abiding in the same chosen folly . Upon this account it will be easy to answer whether is the greater sin , 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 , supposes 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 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 greatnesse of the malice , if malice at all , and not chance wholly was the principle . 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 , although 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 , & the sin of Onan , 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 . — quòd pellice laevâ Uteris , & Veneri servit amica manus , Hoc nihil esse putas ? scelus est , mihi crede , sed ingens , Quantum vix animo concipis ipse tuo . Ipsam crede tibi naturam dicere rerum , Istud quod digitis , Pontice , perdis , homo est . 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 consented 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 . But to reduce this doctrine to more minute and particular considerations and order . Of the identity and diversity respectively of actions internal and external , and the multiplications of sins by them . 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 basis 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 Physically or Naturally several actions , because elicite and acted by several faculties , yet morally 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. 2. If there be two acts of will in one external act , 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 . 3. The external act is the occasion of the intending or extending the internal , but directly & of it self increases not the goodnesse or the badnesse of it . For the external act is not properly and formally good or bad , but onely objectively and materially ; just as a wall cannot increase the whitenesse , 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 intelligible . When John 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. John 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 Maevius lay with his wife Petronilla , supposing she had been Nicostrata , 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 reason is , because the external act hath another cause , which is or may be innocent , 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 visible 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 a good work 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 Tu si hic esses , aliter sentires , 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 4. The external act does superadde new obligations beyond those 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 represented in the third book . ) Thus also in good things ; the external participation of the Sacraments hath in it some advantages beyond the internal : 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 ; which the sinner ought indeed to have consider'd beforehand , and to act or to omit accordingly . 5. If the course and continuance of the outward act be interrupted , 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 obligation 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 . Titius intends to give to Codrus a new gown at the next Calends , but forgets his intention ; 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 influence into the effect . But this multiplication of actions and imputations 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 awakening 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 concerns us as much as we can , to tell the number of our sins . Therefore 6. External actions in order to one end , though produc'd by one internal 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 remembrance of it afterwards . But because these things have in them some little intricacy , therefore I add this which is plain and usefull : Every renewing of an external action subordinate to a sinfull end is either a repeating 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 commits 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 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 Sunday following , is to estimate his sin by the number of his internal actions , and not by the singularity of that omission . 7. 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 proceed by prudent and moral proportions , by the usual measures of laws , and the accounts of wise men ; onely the extremes are evident and notorious . For he that being upon his knees looses his attention for a minute & 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 Pater noster 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 . Question . In the pursuit of the matter of this Rule , it is seasonable to inquire concerning [ what degrees of guiltinesse are contracted by the beginnings and desires of wickednesse which are imperfect and unfinish'd . ] I have already * 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 the estimate which God and the Conscience are to make of imperfect actions : for though in humane accounts and the estimate of our laws , that a thing is secret or public 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 concerning those things which are imperfect , and so sometimes are secret as to men because they are onely in desires , and sometimes they are public , but yet not finished & completed : And here the rule is , Nunquam mens exitu aestimanda est . God judges not by the event , but by the mind , by the good or ill will : so Apuleius , In maleficiis etiam cogitata scelera , non perfecta adhuc , vindicantur , cruentâ mente , purâ manu . 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 . To this purpose is that of Paulus the Lawyer , Consilium uniuscujusque , non factum puniendum est , Not the fact ; but the Counsel is to be punished : by Counsel meaning the design and resolution , the perfect and complete volition , which is then without all question come to the perfection of its malice and evil heart , when it is gone as far as to the beginning of action . Insidiatus civi etiamsi non effecerit scelus , poenas tamen legibus solvet , said Quintilian , 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 . For as Donatus said well , Non perficere , sed conari velle aliquid ad scelus , effectio est , etiamsi non potest fieri . 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 endeavour'd it . For there is no degrees of morality beyond the last act of the will : the sin or vertue may be extended by multiplication or confirmation of the same acts , but no way intended beyond that act of the will which commands execution . But this distinction ought to be observed not onely in order to punishments inflicted by humane laws upon Criminals accus'd of imperfect acts , but in order to conscience . For though the whole morality of the act depends 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 execution 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 . Priscus Merula resolves to kill his brother Taurinus , and in order to it , buyes a dagger , way-lays him as he goes to Augustus , set upon him , throws him down ; but as he is lifting up his hand to strike , hears a noise behind the hedge , and being affrighted , curses his brother and wished him dead , and runs away . Merula is in the sight of God guilty of murder , and if he had kill'd him effectively , there had been no greater malice , but more mischief , and more acts of malice ; and therefore the judges are to diminish something of his punishment , not onely because the life of a citizen was not lost , but because Merula 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 Egyptian 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 nothing wanting to the completing of the wickednesse : and therefore as in humane 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 wickednesse ; 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 ( unlesse 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 . There are some other ways of imperfect acts , which are to be regulated by the proportion of these measures . 1. He that kills a child in his Mothers 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 humane 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 , recorded by Tertullian , Etiam conceptum utero , dum adhuc sanguis in hominem deliberatur , dissolvere non licet . Homicidii festinatio est prohibere nasci . Nec refert natam quis eripiat animam an nascentem disturbet . Homo est , & qui futurus est : etiam fructus omnis jam in semine est . 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 difference of the effect makes no diminution . The other case is , If a man smite his neighbour that he die , he shall surely be put to death , saith God to Moses . 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 , Qui percusserit hominem volens occidere ] He that smites a man , willing to kill him . But this last clause is neither in the Hebrew nor the Greek . And though it is something lesse to intend 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 ex toto noluisse debet qui imprudentiâ defenditur , said Seneca : 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 . RULE IV. An involuntary effect proceeding from a voluntary cause is imputed to the agent , as if it were voluntary and directly chosen . HE that is Husband of the wife is justly presum'd to be the Father of the child , and he that chuses the cause must own all those which are the effects 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 drunkennesse . 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. Paul intimates in those words , Make not provision for the flesh to fullfill the lusts thereof ; 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 : and when our Blessed Saviour commanded us to take heed of surfeting and drunkennesse , he forewarned us as well of the effect as of the cause ; for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , surfeting is the product of yesterdayes 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 . 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 nothing 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 . But this Rule is to be understood with these Cautions . 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 . 2. The involuntary effect is not imputed to the voluntary cause , if after it is chosen by the will in one act , it is revok'd by another before the mischief be effected . Thus if Maevius shoot an arrow to kill Paternus , and in the instant of it's egression nollet factum , 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 repentance 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 guiltinesse , whether that repentance be before or after . 3. But that which we can rely upon in this particular , 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 doctrine of S. Austin , Culpandus est Loth non quantum incestus in ebrietate admissus , sed quantum ebrietas meretur , Lot was answerable for his drunkennesse , but not for his incest caused by his drunkennnesse , which he foresaw not and designed not . But this case also suffers alteration . For if Lot 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 incest 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 intolerable 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 uncharitable injury to himself : but if afterwards , as Pyrrho 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 consequent to the suffering that judgment which himself procur'd , & by which he is faln sick or mad or lame , is not imputed to him ; because to make himself guilty of a thing , it is not sufficient that he be the meritorious cause of that which procur'd it , but he must be the voluntary and discerning cause . 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 . 4. When a man falls into a state or condition in which he cannot chuse , those acts which are done in that state are imputed to him , if they be such 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 Titius 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 nothing 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 provided that there was in him no indisposition and impediment before his present accident , but that he did desire it and was capable before : that volition 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 sufficient 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 consideration and inquiry upon occasion of something to be explicated in the sixth Rule of this Chapter . 5. But in matter of punishment the case is something different . The case is this ; Mizaldus a Florentine 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 ● the question upon the case is , Question . 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 understanding . To this the answers are various by reason of the several cases that may arise . 1. If the punishment cannot be inflicted without legal processe , 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 . 2. In punishments where no judicial processe is requir'd , a man that is mad may be punish'd for what he did when he was sober . If a son strikes his Father , and then falls mad , the Father may disinherit him for all his madnesse , 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 madnesse made uncapable of the punishment , to which in this case nothing but a passivenesse is requir'd . 3. This also holds in cases of punishments ipso facto incurr'd , that is , 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 actually 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 uncapable of passing into punishment . 4. In punishments Emendatory , that is , such which besides the exemplar 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 . But after all this , 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 . Solus te jam praestare potest Furor insontem : proxima puris Sors est manibus , nescire nefas . 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 example , 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 something 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 . §. 2. Of the Diminutions of voluntary actions : and first of Ignorance , and it's influence into the morality of Humane actions . RULE V. Nothing is good or bad , but what we know , or concerning which we can deliberate . 1. THe great measures of morality are , Chuse the good , and eschew the evil : before these can be chosen or avoided they must be consider'd and discern'd . And therefore those things concerning which there can be no deliberation are neither morally good nor bad , and those persons who cannot deliberate , can neither be vertuous nor vicious ; but the things may be lawfull , 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. Paul celebrating the immense love of God to mankind , says that God would have all men to be saved ; and in order to this , he addes , he would have all men come to the knowledge of the truth , 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 . He that comes to God ( saith S. Paul ) must believe that God is , and that he is a rewarder of them that diligently seek him . This is the Gentiles 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 Heathens are not fools , that they understand arts and sciences , that they discourse 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 circumstances is necessary ; and therefore Justin Martyr said well , voluntate ignorare illos , qui res ad cognitionem ducentes hebent , nec de scientia laborant . 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 become 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 . Non aurum in viridi quaeritis arbore , Nec vite gemmas carpitis : Non altis laqueos montibus abditis Ut pisce ditetis dapes , 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 Tyrrhene waters , or look'd for Crystall in a furnace ? Many know what pits have the best Oysters , and where the fattest Tortoise feeds . Sed quonam lateat quod cupiunt bonum Nescire caeci sustinent : Et quod stelliferum trans abiit polum Tellure demersi petunt , 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 excusing any thing it causes , that it self is very criminal . Non est levius omnino nescire quod liceat , quam facere aliquid quod scias non licere , 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 understanding , 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 wanting 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 differences . But if we descend to particular rules and laws , the case is different . So Gregory Nyssen said , Universalium secundum electionem non esse involuntariam ignorantiam , sed particularium , A man cannot against his will be ignorant of the universal precepts that concern our life Eternal and Election , 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 . Of what things a man may or may not be innocently ignorant . 1. No man can be innocently ignorant of that which all the Nations of the world have ever believed and publicly professed ; as that there is a God ; that God is good and just and true ; that he is to be worshipped ; that we must doe no more wrong then we are willing to receive or suffer . 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 . 2. No Christian can be innocently ignorant of that which the Catholic Church teaches to be necessary to salvation . The reason of this is , because 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 necessary , then it is taught every where , and at all times , and therefore to be ignorant of such things can never be suppos'd innocent . 3. Of that which is by several Churches and societies of wise and good men disputed , a man may be innocently ignorant ; for there is suppos'd difficulty , 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 manifestations 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 . 4. Those things which doe not concern good life , 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 . 5. Whatsoever concerns every mans duty in special , 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 requires 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 ignorant of what is necessary for his great calling , but of other things lesse necessary 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 reprove evil manners ; & if he knows not these things , his ignorance is criminal : yet a Bishop may be innocent and laudable though he be not so learned as S. Gregory Nyssen . Valerius the Bishop of Hippo was a good man and a good Bishop , yet he was not so instructed and able as his successor S. Austin ; and Nectarius of Constantinople was accounted a good Patriarch , yet he was very far short of S. Chrysostome . 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 heavenly 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 . What diligence is necessary that our ignorance may be innocent . 1. Our inquirie after things necessary must have no abatement or diminution , nothing lesse then that it be so great and diligent as that the work be done . Because whatsoever is necessary is sufficiently communicated , and without that we cannot doe our duty , or receive the felicity design'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 . 2. But in things not absolutely necessary , such which are of conveniency 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 acquir'd by all means . Adde to this , if a man were bound to use all diligence 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 divertisement , recreation , variety or ease , but he must first be tied upon the wheel , and feel the pains of a doubting and tormenting Conscience , by reason of the impossibility of knowing whether we have done all that we can . 3. In acquiring notices concerning doing any work with advantages a moral diligence is necessary : for he that stops at the gate of simple necessity 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 acceptable ; yet because the state of fear is but the state of infancy and imperfection , 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 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 attempts 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 . 4. In acquiring notices not simply necessary , a moral diligence is sufficient . This is an immediate consequent of the second Rule , and therefore needs not particular confirmation , but explication rather . Therefore by Moral diligence is to be understood such a diligence in acquiring notices as can * 1. consist with our other affairs , and the requisites 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 nothing of scruple or vexation in the acts of this diligence , nor in the inquiries 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 leisure , 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 . What is a probable ignorance ? Upon this account we can also give the measures and definitions of a probable ignorance , that is , such an ignorance which is next to an invincible or an irremediable ignorance : this the Schools call probable . For as the invincible ignorance 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 the probable ignorance , that is , when the things are propounded 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 necessary 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 proportions to the description of the parts and requisites of a moral diligence , and by these following measures . 1. Then our ignorance is probable , 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 , 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 fiercenesse 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 . 2. But this is to be understood onely in the ordinary accidents and traverses of our lives . 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 excusable ignorance . 3. This also is to be extended to the case of confident asseverations , 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 undiscerned thing , to which a great and proportionable diligence hath not arriv'd and made discovery , doe accidentally intervene . No man must swear a thing is so , and yet at last say , I did bonâ fide 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 . By the use of these premisses it will be easy to determine Plato's Case of Conscience which he propounded to Hippias the Sophister . Whether is the better or worse , he that sins willingly , or he that sins by folly & ignorance ? 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 to his servant ? But this discourse of Plato concerns arts onely and sciences . But Hippias answer'd well , It was not so in vertues ; the differences of which Plato did not seem to discern , but Aristotle afterwards very well explicated . The sense of which in order to the purpose of the present Rule is well expressed by Seneca ; Vis scire quam dissimilis est altarum artium cognitio & hujus ? In illis excusatius est voluntate peccare quam [ casu , ] ignorantiâ : in hac maxime culpa est , sponte delinquere . If a Grammarian speaks a soloecisme 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 . At in hac parte vivendi , turpior volentium culpa est ; But in manners to erre willingly is the more intolerable . The reason of these things is plain , which who please may read in a Gifanius the interpreter of Aristotle , and b Marsilius Ficinus the expositor of Plato : 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 Italian 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 . But this , though disputed to little purpose amongst the Philosophers , may be of good use in Cases of Conscience . Cardinal Campegius having wickedly said to the Senate at Norimberg , 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 repent . 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 , & supposes he does very well ? For the present , the state is infinitely different : & 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 . Indeed there are some sins of ignorance , that is , such which are subjected 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 entertain'd a wanton thought , or to have omitted Divine service upon a Festival . They Jewes had an opinion that thoughts were free , and God did not require them of us with severity ; but a thought against faith , that was highly criminal . Cogitationem pravam Deus non habet vice facti , nisi concepta fuerit in Dei fidem atque religionem , said R. David Kimchi ; meaning that no sin was greater then heresy , or an error in faith . But the reason 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 negligence 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 explicite in the sequel . RULE VI. Ignorance does always excuse the fact , or diminish the malignity of it , or change the kind and nature of the sinne . IGnorance according to it's several capacities , and the several methods of art and ways of speaking , hath several divisions . But all are reducible to this in order to Conscience . Ignorance is either voluntary or involuntary . It is vincible or invincible , that is , it can be helped or it can not . It is the cause of an action , or it onely goes along with it . And of these several ignorances there are many degrees , but no more kinds that are here fit to be considered . 1. The first sort of ignorance , which is involuntary , invincible , and antecedent , that is , is the cause of an action , 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 , Errantis nulla voluntas , nullus consensus , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith the law , according to the interpretation of the Greeks . 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 criminal , they have done no injury because they perceiv'd it not . Nec reputantur infantiae anni qui sensu carent , saith Pliny ; The years of infancy come not under the notice of laws and judges , of right or wrong , for they have no reason , that is , they use none . So Galen , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , All the scholars of Chrysippus constantly affirm that beasts and babies have no use of reason . And Iamblichus suppos'd that the rational soul was not infus'd into children before the tenth year of their age . But that is more reasonable which almost all wise men ( excepting the Stoics ) affirm , and is thus expressed by a Gregory Nyssen , and his contemporary b Nemesius in the very same words ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 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 . But this occasions a difficulty in this subject . For we see the rational 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 . Nam velut infirmo pueri teneroque vagantur Corpore , sic animi sequitur sententia tenuis . Inde ubi robustis adolevit viribus aetas , Consilium quoque majus , & auctior est animi vis . And Hippocrates addes that the soul does always grow , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A mans soul is born every day of a mans life , it always receives some increment . Now the question is 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 ? To this it will not be possible to give a strict and definite answer , but a rule and a measure may be given . Possidonius said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The rational faculty is at first very weak , but it is great and strong about the age of fourteen years : and Plutarch saies that the Stoics affirm'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , about the second septenary , or the fourteenth year , they begin to be perfect : but Zeno said that from that year complete , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is perfect , 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 Salic law , 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 . Servius upon that of Virgil , Alter ab undecimo tum me jam ceperat annus , 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 Salic law ; yet we find in the law of the Greeks and Romans that after seven years complete boys were punishable ; so the * Basilica , † Michael Attaliotes and some others . But this variety was not wholly arbitrary , but it was commonly established 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 although in every crime some were forwarder then others , yet all were capable 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 lex Cornelia de Sicariis ; but not so if he were a pathic and a correspondent in unnatural lusts , as appears in Matthaeus Blastares and Leo ; if he were under twelve years , he had impunity , quum aetas ipsa argumento sit nescire eum quid patiatur , said the Emperor , His age is an argument of his ignorance , that he knows not what he suffers . For in these things it was reasonable that Galen said of Hippocrates , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , infancy is to be reckon'd untill youth , or a power of generation : and that was it which I observ'd before out of Servius , Bene cum annis jungit habitum corporis . Nam & in jure pubertas ex utroque colligitur . 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 uncleannesse . 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. Paul , In malice be children ; therefore wise men and the laws did usually 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. Austin blames those that doe not impute any sins to boys before the age of fourteen ; Meritò crederemus ( saith he ) si nulla essent peccata nisi quae membris genitalibus admittuntur , 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 . A. Gellius tells that the Decemviri , who wrote the laws of the XII Tables , ex caeteris manifestis furibus liberos verberari , addicique jusserunt ei cui factum furtum esset , 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 Praetor ; which also Pliny notes . 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 : which Theophanes expressed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they were beaten with thongs , or rods , or ferula's . From hence we may take an estimate how it is in this affair as to the question and relation of Conscience . For then these wise men and wise law-givers did declare them punishable when they did suppose them criminal ; though in the Sanction of laws they were to proceed by rule , and determine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 , as Libanius speaking concerning boys , said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this is not a name of age that cannot sin and cannot be punished . But Anastasius Sinaita saies that sometimes God imputes sins to boys from twelve year old and upwards . But S. Austin confess'd the sins of his first years , 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 boy and robb'd an Orchyard , he had reason then to be troubled for it . The sins of children are but little , but they are sins . Puerorum sensus in qualiacunque verba prorumpens , qui certè ad ea quae majores sapiunt penè nullus est . 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 something ; 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 beginning 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 children 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , animum consilio ac ratione firmatum , a fixed and settled judgement , 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 . 2. The second sort of ignorance is concomitant , 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 neverthelesse . Thus the boy that flung a stone at a bird , and hit his cruel stepmother 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 innocent , 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 innocence on all parts . Non consentiunt qui errant , 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 being the thing onely in question , is to be accounted for , just as those actions which are wholly produc'd by ignorance antecedent . I deny not but the laws of wise Republics have principally regarded the mind and Counsel of him that sin'd , and that therefore the laws of the Romans under their Christian Princes did professe to follow the law of God in the matter of involuntary murder , and so did the Lombards and the Visigoths ; yet sometimes this chance-medly was punish'd by a lesser punishment : so we find in the laws of the Thuringians , Qui nolens sed casu quodam hominem vulneraverit vel occiderit , compositionem legitimam solvat . If a man unwittingly wounds or kills a man , si telum fugit potius quam jecerit , as Cicero 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 considerations 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 . 3. The third sort of ignorance is the worst , it is that which is vincible 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 discernible degrees : An ignorance crasse and dul , and introduc'd by negligence voluntary and observed more or lesse ; and an ignorance affected , 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 : Father , forgive them , for they know not what they doe ; 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 , If ye were blind , ye had not sinn'd ; but now ye say that you see , therefore your sin remains ; and having eyes they see not , that is , they would not see , they did it ignorantly , and they would not cure their ignorance , for it was evident that Christ said and did enough infinitely to convince them that he was the Messias . So also S. Paul'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 question 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 voluntary negligence , or malicious purpose , is a sin as great as if it were done knowingly . Question . The case is this , Marcus Bibulus falls frequently into drunkennesse ; when he is drunk he fights , and fornicates , and steals , and does ( as it happens ) all manner of impiety . Does his drunkennesse excuse , or does it extenuate , or does it aggravate his fault ? The Greeks call'd these things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Contention and every mischief that comes from wine , saith Hesychius ; 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 therefore to that of Solomon , Look not upon the wine when it is red , Rabba saith , Ne spectes vinum cujus finis est sanguis , Look not upon the wine whose end is bloud : and Eustathius saith that the nurses of Bacchus were painted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , having snakes and daggers in their hands , to shew that drunkards were beastly and bloudy . 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Aristotle ; They that being drunk doe evil , are guilty of the injury . Because 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 . Pittacus 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 Plato both in his first and in his sixth book of Laws : but generally all the interpreters of Aristotle , 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 Cicero , 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 , He that with wine or anger or lust looses his reason , cannot pretend ignorance or want of knowledge for his excuse , for by his own fault he is polluted . And this is the sense of the Doctors of the Church . S. Basil saies drunkennesse is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so S. Chrysostome ; voluntaria insania , so S. Austin ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so Isidore Pelusiot : A voluntary Devil , a chosen madnesse , a spontaneous fury . And the very same words are us'd by Seneca and Ammianus Marcellinus . And therefore the sinning man must not excuse him by his stupidity , and blame the wine , but himself onely ; as Callicles in the Comedy convinc'd Dinarchus when he pray'd him to give him pardon , Quod animi impos vini vitio fecerim ; he was not himself when he did it , it was his wine not he . The old man answer'd him , — non placet In mutum quippiam conferri quod loqui non potest . Nam vinum si Fabulari possit , se defenderet : non vinum moderari , Sed vino solent qui quidem probi sunt : verum Qui improbus est , sive subbibit , sive adeo caret temeto , Tamen ab ingenio est improbus . 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 drunkennesse ; and their reason was Philosophical , The effect from a voluntary cause is to be imputed to the first principle . But Commonwealths have another interest to serve ; they are to secure 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 unpunish'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 revenge . Nam si isthuc jus est , ut tu isthuc excusare possies , Luce clarâ diripiamus aurum Matronis palam ; Post id si prensi simus excusemus ebrios Nos fecisse amoris causâ : nimis vile'st vinum atque amor , Si ebrio atque amanti impunè facere quod lubeat , licet , said old Euclio to Lyconides . If drunkennesse may be our excuse , let us goe and drink drunk that we may rob the Matrons in the streets . And Manuel Palaeologus tells of one that had a mind to be reveng'd and put some affront upon a great man ; and because he durst not when he was sober , he drank himself into an impudent fiercenesse , that he might first have boldnesse and then , as he hop'd , impunity . And therefore there may be great reason why the Civil laws of any Nation should punish the evil effects of drunkennesse not onely for the evil mothers sake , but for the security of the citizens . But in Theology and in the just estimate of things in order to Conscience we are to speak and to proceed with some little difference . 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 injury or the murder lesse criminal then if it were done with actual reason and choice , but these make the drunkennesse more intolerable and criminal . The man in chusing drunkennesse with or for these effects is much the worse man ; but the crime is the voluntary drunkennesse , not the involuntary rage and injury . And this appears upon these reasons . 1. Because by how much more the sense and reason is depraved , 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 delight , any more then to a beast to push with his horns ; which therefore is 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 Theodoret said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Drunkennesse hath some reproof , and some pity ; some punishment , and some pardon . And Arrius Menander said that per vinum aut lasciviam lapsis capitalis poena remittenda est , They that sin by drunkennesse or passion may be punish'd , but not capitally ; the same with that in Stobaeus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Even in the follies and stupidities of drunkennesse there is something amisse besides the material part . But this is when there is something left by which he can understand and chuse something of the crime . 2. The mischiefs consequent to drunkennesse are therefore lesse moral evils , 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 remembers it not : it is like Lot'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 . Et causa justa est , siquidem ita est ut praedicas , Te eam compressisse vinolentum virginem . 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 punishment is onely plac'd upon the right cause . 3. If the consequent mischiefs of drunkennesse were formally those sins which materially they are , 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 4th 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 Libanius saies that one who hath grievously offended another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , oftentimes is not punished when wine was his excuse ; and the Scholiast upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saies that he that kills a man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; with deliberation is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be pardon'd : If he does it by chance , he is free ; but if by drunkennesse , he was by the Roman 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 daughter , but this is more pardonable for having such a Mother . But if the drunkennesse be but imperfect , 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such a drunkard is also all that which he acts and professes in his folly : a remembring 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-hand , and was before he acted it guilty before God ; and when he hath acted it , he is also guilty before men * . 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 punishment doe follow : but the guilt is in the cause , not in the effect that is involuntary ; though proceeding from a cause that was indeed voluntary , but not univocal and proper . The sense of this question thus explicated agrees with the doctrine of the Fathers , who in the instance of Lot declare him criminal onely as to his drunkennesse , not to his incest . So Origen , S. Chrysostom , S. Austin : and S. Ambrose gives this account of the whole question ; Sanè discimus vitandam ebrietatem , &c. 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 . And a little after ; They who have been too free in drinking wine , know not what they speak , they are like men dead and buried : ideoque siqua per vinum deliquerint , apud sapientes Judices veniâ quidem facta donantur , sed levitatis damnatur authores , Therefore what vilenesses they commit in their wine ( meaning when they know not what they doe ) for the deeds themselves so ignorantly committed they find pardon amongst wise Judges , but for their temulency a condemnation . The result of these discourses is this . 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 stupidity 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 drunkennesse . The same is the case of Inconsideration and Oblivion , whose effects are innocent upon the same accounts and no other . If they come in upon a negative principle , that is , begin and proceed upon a natural deficiency and an unavoidable cause , that which is forgotten , or that which is done by forgetfulnesse must be amended and repair'd as well as we can ; but by a preceding 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 exteriour 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 , because 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 disputes 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 . Question . To this § . 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 , What morality or what obligation there is in those actions which are done by us so abus'd , so deceiv'd , so made ignorant , and incapable of judging rightly . The answer relies upon the same grounds as formerly , with this advantage , that he who is deceiv'd by the crafts of another , hath most commonly 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 promises and contracts made by persons in error and deception . 1. If the error be concerning the substance of the thing contracted for , the contract is naturally invalid , and obliges not at all . If Titius buy a horse , and Caius send him a Mule or an Oxe , there is nothing done , Titius hath made no bargain at all . If I buy a man-servant , and the Merchant sells me a maiden dress'd in mans apparrel , this makes the contract invalid ; I made no bargain for a maid-servant , but for a man. When Jacob married Rachel , and lay with Leah , 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 Jacob had afterwards consented , Leah had been none of his wife . 2. If the error and ignorance be not in the substance of the contract , whatever else the error be , the contract is naturally 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 person to rescind the contract , and the fraudulent contractor is in Conscience bound to recede from all his ill-acquir'd advantages . The reason is , because 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 naturally valid , yet it was so ill , that all laws and intentions and tacit conditions of contractors have thought fit to relieve the abused person , Dolo vel metu adhibito , actio quidem nascitur , si subdita stipulatio sit : per doli mali tamen vel metûs exceptionem submoveri petitio debet : and the reason is given l. si dolo . 5. 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 exigitur ) rescindi venditionem jubebit . In Contracts the honesty of the contractors 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 actionem quanti minoris , that is , an amends for so much detriment as I suffer apparently by the fraud . If Caius sells to Maevius sheep which he affirms to be sound , but they are indeed rotten , the law permits not rescission of the bargain , but forces Caius 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 commodity cannot be discerned by the buyer , and where the seller did deceive voluntarily . For in other cases Caveat emptor is the rule of the law , let the buyer look to it , 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 discernible . And of this Cicero discourses reasonably , 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 existimantur fefellisse , etiamsi illa nec bona est , nec aedificata ratione ; multo minus 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 venditorem ejus rei quam vendat vitia narrare ? Quid autem tam absurdum , quam si Domini jussu ita praeco praedicet , Domum vendo pestilentem ? Who compell'd thee to buy ? The man that sold it did not ( it may be ) so much as desire 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 ; 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 , 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 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 . §. 3. Of Fear and Violence , and how these can make an action involuntary . 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 . THe case is this ; Roberto Mangone a poor Neapolitan travelling upon the Mountains to his own house , is seized on by the Banditi , 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 Seguiri his Landlord , whom he knows they intend to rob and murder . The poor Mangone did so : his Lord was murder'd , his goods rifled and his house burned . The question is , whether Mangone be guilty of his Lords death . To this the answer is easy , that Mangone is not innocent ; and though he did not consent clearly and delightingly to Seguiri'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-board . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Aristotle , These kind of actions are mixt , but they have more of spontaneity and election in them then of constraint . No Christian remaining a Christian is willing to offer sacrifice to Daemons , 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 excus'd by his fear , but betray'd by it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , There are some things to which a man must not suffer himself to be compell'd by any force , but he must rather die then doe them . And because there are some things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which are insufferable to humane Nature , and therefore there is in laws assign'd a certain allowance of fear qui potest cadere in fortem & constantem virum , 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 ordinarily 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 * . 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 yield to the fear of God. And therefore in the matter of a Divine Commandement , 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 . But this is onely in Negative commandements , 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 omissions 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 . 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 here and now and so , 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 perform'd by an internal suppletory , by a desire and willingnesse and endeavour , 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 commandement 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 positively 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 . But if in these or any other cases the fear be a surprise , 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 Arachne in Ovid , Quid mihi tunc animi misera fuit ? anne quod agnae est Siqua lupos audit circum stabula alta frementes ? Aut lepori , qui vepre latens hostilia cernit Ora canum , nullos audet dare corpore motus ? such a fright as a hare or lambe are in when they are pursued by dogs and ●oxes , Occupat obsessos sudor mihi frigidus artus , Caerule aeque cadunt toto de corpore guttae , 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 faculties , and then there cannot be any deliberation ; for that must be at leisure , and must look upon two objects . Statius well describes this kind of fear in the similitude of a hunted stagge . … . .qualis cum cerva cruentis Circumventa lupis , nullum cui pectore molli Robur , & in volucri tenuis fiducia cursu , Praecipitat suspensa fugam , jam jamque teneri Credit , & illusos audit concurrere morsus : 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 England being alarm'd , was so affrighted that he bridled his Comerade instead of his horse : and in the last inroad which the Turks made into the Empire , a German carrier was so affrighted with the noise of Turkish 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 Turks . 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 drowning , he would leap ashore though a Lion did stand there expecting of a prey . Concerning degrees of fear which are lesse , 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 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Dio Cocceius , They went willingly to warre , if at least they may be said to be willing who are constrain'd by fear . It is an unwilling willingnesse , and therefore it is a sin almost against their will. For in despite of such a constraint , a man may use his liberty ; as Lucian saies of the yong man , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , He did not marry , but though his Father forc'd and compell●d him , yet he refus'd . The same is the case of Superstition , which is an excessive and inordinate 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 it is vincible and can be subdued by reason . When Michael Stifelius a German in Luther'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 duty for this life . This omission at another time would have been very criminal ; 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 . But this passion of fear hath in it yet more difficulty in relation to humane contracts and obligations , which can be evacuated and declar'd never to have oblig'd if they commenc'd with fear . For upon this account some pretend contracts of marriages , absolutions from Ecclesiastical censures , testimonies in testamentary causes , vowes , donations , sentences , resignations 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 . But to all these the answer will be the same , 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 although 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 trouble determine our selves . The rule therefore is this ; When any evil threatned 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 evacuate 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 : so S. Austin observes , 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 , ideo invitus , hoc est , nolens , facere dicitur ; and Simplicius to the same purpose , quia licet inviti agamus , tamen sic agere eligimus , It is indeed 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 . Titius finds Caius at an advantage with a Watch & a Ring about him of no great value ; he threatens to take them from him , unlesse Caius will promise the next day to bring him twenty talents . Caius 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 therefore 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 things which to avoid a man would suffer any evil that is lesse . Now because in contracts we intend some advantage to our selves , real or imaginary , 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 . Martial's case is pertinent to this inquiry , Quod si me tonsor , cum stricta novacula supra est , Tunc libertatem divitiasque roget , Promittam : nec enim rogat illo tempore tonsor ; Latro rogat : res est imperiosa timor . Sed fuerit curvâ cùm tuta novacula thecâ , Frangam tonsori crura manusque simul . 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 Martial as to his instance was no good Casuist . For if it be inquir'd whether I am oblig'd in Conscience to keep my promise to a thief or a bandito , 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 according 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 measures , 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 . Si vis scire ut velim , effice ut possim nolle : and every contract must have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as Damascen calls it , a desire free from all bond . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . If there be force and a sad necessity in it , it is a calamity rather then a contract ; and therefore the laws intend to defend and rescue us from the oppression . I am to adde one caution , 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 Aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Fathers Empire hath in it no violence and no coaction . And Heliodorus Prusaeus in his paraphrase saith the same thing , that the commands of Parents , or such whom we reverence and fear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , have not such force as to compel : 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 . What is said of Fear , is not true of other passions , lust and anger , 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 deliberation , and therefore they are but seldome fit to be pretended in excuse of any action . 2. They are commonly the true Mothers , the univocal parents of their productions , otherwise then it is in fear and drunkennesse and ignorance ; for these produce things of a nature different from their immediate principles , as drunkennesse produces effects of anger , of lust , &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 infirmity , 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 reasons the case of these passions is curiously to be distinguish'd from the precedent . 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 malignity . And in this sense is that of Libanius to be understood ; or else it is not true , that injuries are very often to be remitted if the man hath drunkennesse for his excuse , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or anger , or forgetfullnesse , or arrogance , or any such like thing . Like to this is that of Arrius Menander , Capital punishments are not to be inflicted per vinum aut lasciviam lapsis , to them that offend by the follies of drunkennesse or the violence of lust . — Et vino tortus , & irâ : Wine & rage are like two racks , & 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 diminution 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 . CHAP. II. Of the Finall Cause of Humane actions ; and it 's influence or Causality of Good and Evil. 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 . THE first part of this Rule is in the express words of our Blessed Lord , Take heed that you give not your alms before men to be seen of them . Even alms , which are our righteousness , and so rendred both by the Arabick and the Vulgar Latin , yet if done to vainglorious purposes , are good for nothing , but are directly acts of vain-glory . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith S. Basil , 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 . So Aristotle , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 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 . Quoniam quidem non in facto laus est , sed in eo quemadmodum fiat . Eadem res si gulae datur , turpis est : si honori , reprehensionem effugit . Amico aegro aliquis assidet ? probamus : at hoc si haereditatis causâ facit , vultur est , cadaver expectat . So 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 . He that visits his sick friend 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 . Now concerning this , the best Compendium of all the Cases of Conscience which can relate hither , is , that with hearty simplicity we pursue that rule of S. Paul , VVhether ye eat or drink , and whatsoever ye doe , doe all to the glory of God : the same with those other words of his , for the one illustrates and explicates the other , 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 . Concerning the obligation and full sense of these precepts , the following measures are our Rule . 1. He that in every action that is considerable , and fit to be noted and discerned , and is distinguished by counsels and consultations , by deliberation and observation , does actually design the glory of God , does his work most perfectly . It will shame the tepidity and incuriousness of Christians , if I tell them that this advice is given to us by some wise Heathens . When Marcus Brutus had given many excellent precepts to parents , and children , and brethren , he adds , Haec nemo faciet quemadmodum debet nisi habuerit quò referat . Proponamus oportet finem summi boni , ad quem nitamur , ad quem omne factum nostrum dictúmque respiciat , veluti navigantibus 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 conduct . 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. Gertrude , of whom they report that Christ admonish'd her that she should consecrate every little part of action and word unto him ; not only every writing , and every discourse , and every meal , and every prayer , but every bit she put into her head , & 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. And this counsell S. Macarius of Alexandria gave to Palladius Bishop of Helenopolis ; 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 . Macarius told him , Dic tu tuis cogitationibus , Propter Christum custodio parietes , when such afflictive thoughts doe intervene , say unto them , For Christs sake I keep the walls . 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 . 2. Although our intentions by how much the more they are actual , 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 God : that is , that by some general designation of our actions , by the renewing of our intentions actually in certain periods of time , as in the morning of every day , or at evening , or both , or in every change of imploiment , 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 . 3. 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 , I design this to God's glory , is of no more value then if a man saies , I love God ; 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 material 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 : Ut noverimus omnia opera nostra tunc esse munda , & placere in conspectu Dei , si fiant simplici corde , id est , intentione supernâ , fine illo charitatis , quia & plenitudo legis charitas est . Oculum ergo hic accipere debemus ipsam intentionem quâ facimus quicquid facimus : quae si munda fuerit & recta , & illud aspiciens quod aspiciendum est , omnia opera nostra quae secundum eam operamur , necesse est bona sint . So S. Austin . 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 Undertaking . To doe all things by the rule of God's will , is to doe all things for the end of God's glory . 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 : and he may at least say of himself , Non ideo tamen eximiam gloriam meruisse me credo , sed tamen effugisse flagitium ; 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 . Adjice nunc , quod nihil honeste fit , nisi cui totus animus incubuit atque affuit , cui nullâ parte sui repugnavit . 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 . 4. He does all things for the glory of God , 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 lawfull end : and if he studiously 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 , eligible for some good purpose ; it comes from God , & to him it returns . The first of these waies is a doing all things to the glory of God actually . The second does it virtually , or habitually . The third is a glorifying of God interpretativè , by equivalence and interpretation : and this fourth does it consecutivè , by way of consequence and acceptation . 5. There is yet another way of doing it , which is so perfect an indication 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 , and ending them with thanksgiving : this is that which S. Paul cals a doing all things in the name of the Lord Jesus ; giving thanks to God the Father by him . For to doe things in the Name of Christ can signifie nothing 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 , Every creature is sanctified by the word of God and prayer . 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 performances . For 6. He that does all that he does because he supposes God commands him or allows him , 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 glorification of God. The second part of this Rule , viz. An evil action done for a good end is Unlawfull , is plainly enough taught us by S. Paul , Rom. 3. 8. and I have already * given account of such particulars as are under the general Consideration . 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. Austin , Pejor est qui concupiscendo quam qui miserando furatur , He that steals that he may give alms is not so bad as he that steals in Covetousness and for his own increase . RULE II. To doe an action of it self lawfull , for temporal regards , for ends of profit , pleasure or honour , is not unlawfull , except it be accidentally . THE Arabians have an excellent Proverb , Anima boni operis bona est intentio , A good intention , or a good Mind , is the Soul of a good work . Now by how much the more noble that end is which is the design and purpose 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 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 towards those ends whether God himself by the measures and laws of Creation 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 actions 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 desire 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 intermedial desires , and satisfie the needs of our journy and travel , and please our ministring appetites in order to their service to their Superior : that as this life is but a passage to a better , so these desires may minister 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 . 1. These temporal ends must not fill our affections and divert them from things better and more excellent . Si ipsa cordis intentio quâ facis quod facis , quae tibi nota est , sordidatur appetitu rerum terrenarum & temporalium , atque caecatur , quanto magis ipsum factum , cujus incertus est exitus , sordidum & tenebrosum est ? said S. Austin . Our appetites must not be polluted with earthly affections . Which S. Basil expresses well in answer to that question , How in eating and drinking can we glorifie God ? Mensam accedas animo non nimium soluto , & in solum cibum hiante , Come not to the table with a dissolute mind and a greedy desire . 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 , Inspectorem habeo Deum , 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 . Plainly thus ; He that observs the measures 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 order to a further end of God's appointing . That he eats this and not that , 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 temporal ends be but intermedial , and be carried on further according to the purposes of God. 2. We may serve our temporal ends according to our Natural or Political desires , 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 , and passing through us rest upon him . Cajetan , Navarre and Reginaldus 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 Herod God declar'd his anger mightily because he received honour from his Subjects , and did not in so doing glorifie God. 3. All designs of profit , pleasure and honour , must be the less principal ; 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 proportions I have formerly described . * 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 , circumstances and degrees . If we will not receive our profit or our pleasure 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 our purposes are right , when there is no other cause to think so but because our understandings are not right . But for the fuller understanding of our measures in this inquiry , there are some particular Cases of Conscience to be resolved . 1. Whether it be lawfull to serve God for any end less then himself ; for riches , for honour , for defence and security of our lives , for health and secular satisfactions : that is , Whether it be lawfull to make God and his service to be intermedial to the things of the world , the ultimate end to be intermedial , and this to be the ultimate . I answer ; 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 incentives 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 regards 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 considerations , is in it's whole constitution criminal : and in this sense those words of Publius Mimus are true , Malus est vocandus qui suâ causâ est bonus , 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 temporal ends , but wholly a serving our selves by actions which in those circumstances 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 Moses 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 & 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 . 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 Moses , who despised to be called the son of Pharaohs daughter , because he had an eye to the recompence of reward : which reward was both temporal and eternal . The fourth is the case of all them who follow after godliness because it hath the promises of the world that now is , and of that which is to come ; and that seek the Kingdom of heaven and the righteousness thereof , knowing that all these things ( which they need here ) shall be added to them ; added ex abundanti , besides those greater and more glorious promises belonging to the Kingdom of grace . And the last was the Case of Job . Doth Job serve God for nought ? 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 , ever apt to yield in case of opposition , but alwaies ministring in case of compatibility and consistency . 2. The second inquiry is , 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 . To this I answer , that this question hath it's principal effect in discourse 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 , that he is , and is a rewarder of them that diligently seek him : and no man does chuse to serve God but he really is assured and believes he shall have a very great reward : and all the laws of God are established upon promises and arguments 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 perfections 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 virtually a serving God for reward . Diligeris populo non propter praemia , Caesar : Propter te populus praemia , Caesar , amat . 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. Paul's wishing himself anathema for his Brethren : the greater charity he had in so wishing , the further that thing was from being effected . 2. But yet there is something more material in the answer to this question . 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 . 3. He is understood to love God for himself , 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 vertue and honesty ; but the other is necessity . Neque enim minus apud nos honestas , quam apud alios necessitas valet , said Pliny . 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 . Quam me juvat ( said Secundus ) quod 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 . 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 , Pol pudere quam pigere praestat totidem literis . It is better to blush then to be hungry , to be ashamed then to smart . Lucrum pudori praestat . 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 Christianity ; it makes that there shall be no such thing as self-denial and Christian fortitude , and the greatest love in giving our lives for God , and Martyrdome . But the surest conjecture we can make of our intentions when they are complicated is by the actual cession of one to the other . Theodoric advised well to Marcellus the Advocate of his Exchequer , [ in 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 . 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 & 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 . 4. But if we search the Scriptures , we shall but seldom see foot-steps of any such Metaphysical love , as to love God or doe our duty without considerations of hope or fear : and amongst the braver Gentiles , and amongst the better Christians in imitation and contentions to excel them , it is further 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 immortal 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 . RULE III. The end and intention of a Law is under the Commandement , as much as the action it self commanded in order to the end . THIS Rule is meant principally of the Laws of God : 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 endearment 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 , defence 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 expound the words of that Commandement , as may best promote that end : and by Honour is understood all those duties whereby the Parent is confessed Honourable ; and by Parents is meant all that are in the place of Parents , and who minister to the ends of Government . Now this must not be understood as if God did design the end , 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 dying for Christ if it be requir'd . This also hath effect upon the instances of our duty so as to enforce the sincerity and ingenuity of them , 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 . Diodorus lent to Caius ten Attic talents ; but Caius is not able to pay a drachm , and therefore Diodorus forgives him ; that he may be thank'd indeed for nothing . Condones aut sustineas , Diodore , necesse est : Nam tibi quod solvat non habet arca mea . But if Diodorus will be truly charitable let him lend to Caius so much more ; for he serves no end of charity that lets that alone which he knows he can never get . Ridiculè hac homines , nequeunt quae vendere , donant . 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 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 . But in humane laws the case is something different ; 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 , Fines mandati sunt diligenter custodiendi . l. diligenter , ff . mandati . 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 indeed obliged to doe nothing that shall be against the end of that law . Finem certum respicientia non debent contrarium operari . l. quod favore . C. de legibus . 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 necessary ; 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 restrains 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. But the laws of God have it in their intention to regulate all the purposes and whole intention of the Subject ; and therefore our obedience cannot 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 & designs of God in every 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 commensuration with the expressed means . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said Philostratus . That 's the sum of all ; we must take care that the end of our actions be all of gold . If they be design'd well , they are likely to end well ; for this is truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for in the service of God , a Golden head shall never have the feet of clay . The End. Nomini tuo da gloriam . THE TABLE . A. Aequivocation . IT was disowned by the Roman Senate . l. 3. c. 4. r. 23. n. 7. p. 358. is allowed for great charity . l. 3. c. 2. r. 5. n. 35. p. 100. but not to evil ends . l. 3. c. 2. r. 5. n. 39. p. 102. is allowable in more cases then lying . ibid. n. 40. p. 103. is then only a crime , when it is against Justice and Charity . ibid. Advocate . in a good cause must not use evil arts . l. 3. c. 2. r. 5. n. 14. p. 90. may not tell a lye . ibid. p. 91. against those of them that are evil and rapacious . l. 3. c. 2. r. 6. n. 20. p. 116. Abraham . concerning his offering his Son. l. 2. c. 1. r. 9. n. 8. p. 266. whether Sarah were his Sister . l. 2. c. 2. r. 3. n. 32. p. 300. & n. 45. p. 305. Act. when and how the internal acts alone do multiplie the sin . l. 4. c. 1. r. 3. n. 11. p. 486. & n. 9 , 10. the omissions of them are oftentimes indifferent . l. 4. c. 1. r. 1. n. 15 , 16. p. 444. the external act of it self increases not the goodness or badness of the internal , but accidentally it may . l. 4. c. 1. r. 3. n. 7. p. 484. the external act inferrs obligations distinct and greater then the internal . l. 4. c. 1. r. 3. n. 8. p. 484. every renewing of an external Act serving to a sinfull end is either a repeating of the sin or an aggravation of it . ibid. n. 10. p. 485. the goodness or badness of an Act is made by the Object . l. 1. c. 2. r. 9. n. 4. p. 95. but accidentally good or bad , by the Conscience . ibid. n. 7. p. 96. Acts of vertue are to be prefer●ed before the Instruments of vertue , and inward Acts before the outward , when Laws interfere . l. 2. c. 3. r. 5. n. 10. p. 410. Acts of vertue Elicit and Imperate what they signifie . l. 2. c. 3. r. 6. n. 1. p. 411. The Elicit acts of several vertues can never be contrary to each other . ibid. n. 2. p. 411. The Imperate acts of one vertue may ●ontradict the Imperate acts of another . ibid. n. 3. p. 411. the Imperate acts of one vertue must not hinder the Elicit of another . ibid. n. 6. p. 413. Actions . what guilt is contracted by imperfect actions . l. 4. c. 1. r. 3. n. 12. p. 486. of the morality of actions that are involuntary in the effect , but voluntary in respect of the cause . l. 4. c. 1. r. 4. p. 489. to begin all actions with prayer and end them with thanks-giving . l. 4. c. 2. r. 1. r. 7. actions in their physical capacity are negatively indifferent . l. 4. c. 1. r. 1. n. 14. p. 444. of the morality of negative actions . ibid. n. 15 , 16. p. 445. every action of our lives is either good or bad . ibid. n. 19. p. 448. we should be watchfull over our words and actions . l. 4. c. 1. r. 1. n. 21. p. 450. to praise an ill action how far sinfull . ibid. r. 2. n. 9. p. 460. of the identity and diversity of actions internal and external , and the multiplication of sins by them . ibid. r. 3. n. 5. p. 483. an action receives the denomination of good or bad from the end . l. 4. c. 2. r. 1. n. 1. how it is to be understood that a man should make the glory of God the end of every action . l. 4. c. 2. r. 1. n. 3. we must not judge of the goodness of actions by the event . l. 3. c. 3. r. 4. n. 5. p. 162. how far a secular end may be admitted to be the reason of a good action , and what diminution it makes of the worthiness of the act . l. 1. c. 2. r. 5. n. 2. p. 65. but if the secular end be or be not under a promise it much alters the case . ibid. n. 2 , 3. p. 65. the difference of outward actions . l. 2. c. 3. r. 6. n. 8. p. 413. what are elicit actions . ibid. Abrogation of laws . of the abrogation of laws . l. 3. c. 6. r. 7. p. 431. to the making a Law many conditions are required , but the defect of any one is sufficient to the abrogating . l. 3. c. 6. r. 7. n. 1. p. 431. Adam . the six precepts given to him . l. 2. c. 2. r. 2. n. 3. p. 281. Admonition . of brotherly admonition . l. 3. c. 2. r. 6. n. 6. p. 108. Accessory . it follows the nature of the principal . l. 3. c. 4. r. 4. n. 4. p. 227. what is an Accessory . ib. n. 7. p. 227. Adultery . a subject of England taking in Spain his daughter in adultery may not kill her , though it be the Law there . l. 3. c. 1. r. 8. n. 3. p. 50. it may be very pious and charitable for a woman to cohabit with an adulterous husband . l. 1. c. 5. r. 8. n. 9. p. 193. but she is not bound to doe so . ib. n. 10. the falshood of a betrothed woman is in Scripture punished as Adultery . l. 3. c. 5. r. 8. n. 16. p. 387. Affirmative . affirmative duties follow from the negative not in contraries but in contradictiories . l. 2. c. 3. r. 1. n. 10. p. 392. affirmative precepts bind semper , not ad semper ; negative semper & ad semper . l. 2. c. 3. r. 1. n. 13. p. 393. Amor descendit non ascendit , the meaning of it . l. 3. c. 5. r. 3. n. 3. p. 367. Angels . upon what false reason the Gnostics commanded the worship of Angels . l. 2. c. 3. r. 13. n. 22. p. 464. Apostles . their Canons were at first observed by more Churches then those they did oblige . l. 3. c. 4. r. 11. n. 2. p. 266. how far those orders made in the Church by them do bind others . ibid. n. 3. p. 267. they gave no laws to oblige all ages of the Church , but such as they received in commandment from Christ. ibid. n. 4. p. 267. apostolical institutions may be changed . ibid. Cassander affirms , those laws that enjoyn single life to Bishops and Priests ought to be relaxed , though they were Canons Apostolical . ibid. Canons Apostolical not observed . ibid. n. 6. p. 268. the Apostles institutions concerning the Sacrament oblige all Christendom . l. 3. c. 4. r. 12. n. 1 , 2. p. 269. the Apostles did not prescribe to the Church in any thing that is matter of order or decency . ibid. n. 4. p. 270. the ancient Church did differ in their practices from the Apostles . ibid. n. 5. p. 270. the Apostles in those things they received from Christ were ministers to all ages , in other things only to their own . ibid. n. 9. p. 271. the Lords day is an Apostolical institution . ibid. r. 13. n. 1. p. 272. the constitutions of the Apostles are to be retain'd , where the change of times has brought in a contrary unreasonableness . ibid. n. 2. p. 273. the Apostles in their Laws complied much with the Jews . ibid. r. 20. n. 2. p. 323. what power Christ gave to his Apostles . l. 3. c. 4. r. 1. n. 3. p. 212. it was without coaction . ibid. n. 4. p. 212. they did exercise jurisdiction , but it was in an extraordinary and miraculous way . ibid. n. 9. p. 216. under their names and the names of Apostolical men divers books falsly put forth . l. 2. c. 3. r. 14. n. 35. p. 492. whatsoever the Apostles taught we must equally believe , but it is not equally necessary to be known . ibid. n. 63. p. 509. the foundation of Faith laid by Christ and his Apostles was plain and easie , and consisted but of a few articles . ibid. r. 14. n. 64. p. 509. Apostles Creed . the Fathers gave to that Creed those names of honour & excellence , which in the Scripture are attributed to the whole faith . ibid. r. 14. n. 71. p. 514. the ancient Church in the Creed made at Nice and Constantinople added no new articles , only new explications against some Hereticks . ibid. r. 14. n. 73. p. 515. the Apostles Creed were useless if any thing necessary to be believed in order to salvation could be added to it . ibid. r. 14. n. 77. p. 516. none ought to adde to it but they that are as infallible as the Apostles were . ibid. the danger and trouble that will follow from the insufficiency of that Creed , if granted . ibid. 78. p. 516. the practice of the Church of Rome in enlarging that Creed . ib. n. 79. p. 517. the Apostles themselves could not make a proposition to be an article of faith , but only declare it . ibid. n. 80. p. 517. the Apostles intended the Creed to be a remedy against heresy , which could not be , unless it contained the whole faith . l. 2. c. 3. r. 14. n. 81. p. 517. Amability . all the causes of amability are reduced to two . l. 2. c. 1. r. 4. n. 6. p. 249. Anathema , and Anathema Maranatha . l. 3. c. 4. r. 8. n. 16. p. 253. Angaria . what it is , and whether it be lawfull . l. 3. c. 2. r. 8. n. 3. p. 125. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , was Judas his manner of death . l. 1. c. 1. r. 2. n. 9. p. ●5 . Apologue , told by Jo. Nider . l. 1. c. 1. r. 3. n. 5. p. 28. Aquinas . Th. Aquinas entered into the Dominican order without his Fathers leave . l. 3. c. 5. r. 8. n. 3. p. 378. Articles of religion . the ancient Church in the Creed at Nice and Constantinople added no new articles . l. 2. c. 3. r. 14. n. 73. p. 515. An expedient for peace of Conscience in relation to the controverted articles of religion . l. 4. p. 443. to subscribe to Articles of religion is only for the conservation of peace and unity . l. 3. c. 4. r. 23. n. 1. p. 356. where the Articles are not necessary the Subjects should be invited to subscribe , not forced . l. 3. c. 4. r. 23. n. 5. p. 357. Arrians were accounted Idolaters because they gave divine worship to Christ , whom they affirmed to be a mere man. l. 2. c. 2. r. 6. n. 27. p. 341. Atheism . it is a kinde of atheism to disobey Parents . l. 3. c. 5. r. 1. n. 1. p. 359. 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 . l. 1. c. 2. r. 3. n. 66. p. 61. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the Hebrews expressed dying by a word equivalent to it . l. 3. c. 2. r. 3. n. 10. p. 76. S. Augustine . the reason of that Thesis of his , Satius est fame mori , quam Idolothytis vesci . l. 3. c. 1. r. 2. n. 14. p. 30. Arguments . it is lawfull to use those kind of reasons , that are argumenta ad hominem , with reasons to prove it . l. 1. c. 2. r. 6. n. 10. p. 75. every argument is not false to which a satisfactory answer can be given . ibid. one must not chuse alwaies such arguments as prevail with the understanding , but the fancy , will or appetite . ibid. p. 76. the force of many probable arguments amassed together . l. 1. c. 4. r. 2. n. 1 , 2. p. 121. Astrology . of Judicial Astrology . l. 1. c. 2. r. 3. n. 67. p. 61. Authors . multitude of them is not to prevail against a strong reason . l. 1. c. 4. r. 9. n. 2. p. 156. when a multitude of them may be reduced to one single person as their leader , their testimonie is to be accounted but single . ibid. n. 3. p. 157. multitude of them hath only a presumptive authority , and can never make a conscience sure . l. 1. c. 4. r. 9. n. 5. p. 157. a comparison between the authority of the ancient and modern writers . l. 1. c. 4. r. 10. n. 2. p. 163. B. Baal . OF Elias his sacrificing to him . l. 1. c. 5. r. 8. n. 28. p. 200. Baptisme . baptisme for the dead . l. 1. c. 2. r. 6. n. 11. p. 77. baptizing of infants . l. 2. c. 3. r. 14. n. 57. p. 506. it is not well to defer baptisme till death . l. 2. c. 3. r. 16. n. 1. p. 521. upon whom the necessity lies , upon the Infants or their Parents . l. 2. c. 3. r. 18. n. 1. p. 546. some afflicted with evil spirits , cured at their baptisme , and upon the apostasie relapsed into the same affliction , out of S. Cyprian . l. 3. c. 4. r. 1. n. 9. p. 216. Midwives may not baptise . l. 3. c. 4. r. 15. n. 2. p. 287. of God-fathers and God-mothers at baptisme . l. 3. c. 4. r. 15. n. 5. p. 289. of dipping in baptisme . ibid. n. 6. p. 290. & n. 12. p. 295. the custome of the ancient Church was not to sprinkle in baptisme . ibid. those that were only sprinkled in baptisme the ancient Church would not admit into holy orders , and made a question whether they were rightly baptized . l. 3. c. 4. r. 15. n. 12. p. 295. sprinkling was sometime used by the Ancients , and is lawfull in case of necessity . ibid. baptisme should be performed with a trine immersion . ibid. n. 13. p. 296. of the Cross in baptisme . l. 3. c. 4. r. 20. n. 8. p. 327. a child is not to be baptized without his Fathers leave . l. 3. c. 5. r. 4. n. 1. p. 369. if either of the Parents is Christian , the child may be baptized against the will of the other who is infidel . ibid. n. 3. p. 370. Betrothed . a betrothed woman in Scripture before marriage is stiled a wife , and her falshood punished as adultery . l. 3. c. 5. r. 8. n. 16. p. 387. Bishop . there were two Bishops of Rome , one of the Circumcision the other of the Uncircumcision , at one time in Rome . l. 2. c. 3. r. 11. n. 12. p. 444. if a person uncapable be chosen Bishop , whether the Bishop that ordains , or he that is ordained , or they that chuse him sin . l. 2. c. 3. r. 18. n. 1. p. 547. S. Timothy was made Bishop at the age of twenty five years . ibid. to avoid a Bishoprick Synesius uses unlawful arts . l. 3. c. 2. r. 5. n. 18. p. 93. the Canons of the Popes and Bishops were made into Laws by the Emperour Justinian . l. 3. c. 3. r. 5. n. 4. p. 175. Eusebius Bishop of Samosata obeyed the Emperours decree concerning his banishment , against the perswasion of the people . l. 3. c. 3. r. 6. n. ● . p. 178. the Bishops are subject to the Imperial power . ibid. n. 21. p. 190. the Emperour is to be obeyed even against the will of the Bishop . ibid. n. 22. p. 191. what is to be done when the command of the King and Bishop enterfere . ibid. n. 26. p. 192. S. Chrysostome proves the office of a Bishop more difficult then a King , because it hath no jurisdiction . l. 3. c. 4. r. 1. n. 7. p. 214. all the power of making Church laws is in the Pastors and Bishops . l. 3. c. 4. r. 2. n. 2. p. 221. A Bishop is distinct from , and above a Presbyter . ibid. the distinction of Bishops from Presbyters was a law made by the Apostles to oblige all Christendome . l. 3. c. 4. r. 12. n. 10. p. 272. a Bishop hath supreme and legislative power within his own Diocese intra limites Disciplinae . l. 3. c. 4. r. 2. n. 3. p. 222. a Bishop and his charge is an entire Society or Commonwealth . ibid. n. 3 , 4. p. 222. the authority of a Bishop . ibid. r. 3. n. 1. p. 224. to disobey the Bishop in an action of duty adds a new formality to the sin . l. 3. c. 4. r. 3. n. 2. p. 224. the Bishops can give no Laws that properly and immediately bind the transgressors under sin . ibid. r. 4. n. 23. p. 233. how Bishops should carry themselves in teaching Kings their duty . ibid. r. 7. n. 18. p. 246. in what cases it is lawfull for the people to separate from their Bishop or Priest. l. 3. c. 4. r. 8. n. 9. p. 250. that none but the Bishop or Priest should consecrate the Sacrament is an Apostolical Canon . l. 3. c. 4. r. 12. n. 6. p. 270. by the Law of Christ one Bishop is not superiour to another . l. 3. c. 4. r. 16. n. 6. p. 300. Bishops were permitted in the antient Church to marry after ordination . ibid. r. 20. n. 27. p. 344. Gregory Nazianzen had sons born to him after he was consecrated Bishop . ibid. n. 28. p. 347. Bless . Fathers Bless their children . l. 3. c. 5. r. 1. n. 3. p. 360. Black. of Clergy-men wearing black . l. 3. c. 4. r. 15. n. 7. p. 290. Blood. of eating blood , whether forbidden , and why . l. 2. c. 2. r. 2. n. 2. p. 281. abstinence from blood is not a Law of nature . l. 2. c. 2. r. 2. n. 3. p. 281. the Heathen used to consummate their contracts and covenants by blood or wine . l. 2. c. 3. r. 9. n. 31. p. 431. Bind . the use of the words bind and loose . l. 3. c. 4. r. 10. n. 10. p. 264. Body . in criminall causes , where bodily punishment is inflicted no man can be surety for another , quia nemo membrorum suorum Dominus videtur . l. 3. c. 2. r. 7. n. 2. p. 117. of bowing the body at the name of Jesus . l. 3. c. 4. r. 15. n. 4. p. 289. Bonum ex integra causa , Malum ex qualibet particulari . l. 2. c. 3. r. 2. n. 2. p. 395. Brothers . of the marriage of Brothers and Sisters . l. 2. c. 2. r. 3. n. 24. p. 296. reasons why they ought not to marry their sisters . ibid. n. 27. p. 298. Buy . in doubts of Conscience or Law he that buys is to be favoured before him that sells . l. 3. c. 6. r. 1. n. 15. p. 405. Bury . A Roman Philosopher was in his dream warned not to bury the corps of a Persian , who had married his Mother . l. 2. c. 2. r. 3. n. 23. p. 296. C. Cards . WHether the trade of Cardmakers be lawfull . l. 4. c. 1. r. 2. n. 25. p. 468. whether it be lawfull to play at Cards . ibid. n. 27. p. 469. in what cases it may be lawfull to do so . ibid. n. 28. p. 470. rules to be used in those kind of recreations . ibid. n. 32. p. 473. Vide Gaming in the letter G. Canon . the Canon and Civil Law differ in their account of Rapes . l. 3. c. 5. r. 8. n. 15. p. 387. divers laws in the Canon law were the edicts of Kings . l. 3. c. 3. r. 5. n. 4. p. 175. the Canons of the Church . l. 3. c. 4. r. 11. p. 266. how binding the Canons of an ancient council are . l. 3. c. 4. r. 14. n. 2. p. 286. the body of the Canon law was made by the worst Popes . l. 3. c. 4. r. 16. n. 4. p. 299. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the definition of it out of Varinus . l. 2. c. 3. r. 14. n. 10. p. 482. Cases . arising from the necessity of restitution . l. 2. c. 3. r. 10. n. 8. p. 435. concerning contracts . l. 4. c. 1. r. 6. n. 22. p. 510. Ceremonies . I am not bound to observe the Ceremonies of the Church , if I must doe it with danger of my life . l. 3. c. 6. r. 3. n. 15. p. 416. they may be the accidents of worship , but nothing of the Substance . l. 2. c. 3. r. 5. n. 5. p. 407. Ceremonies and customes ought to be borrowed from the Heathen with great caution . l. 2. c. 3. r. 19. n. 14. p. 553. Ceremonies and gestures may become obedience , but not religion . l. 3. c. 4. r. 18. n. 5. p. 314. Church cannot impose Ceremonies by a law . l. 3. c. 4. r. 20. n. 4 , 5. p. 325. the Primitive Church did borrow some Ceremonies from the Heathen . l. 2. c. 3. r. 19. n. 13. p. 552. against multitude of Ceremonies . l. 3. c. 4. r. 20. n. 7 , 8. p. 326. Ecclesiastical laws of Ceremonies bind only in publick , not in private . l. 3. c. 4. r. 18. n. 1 , 6. p. 313 , 314. Church . the Church in Legacies is to be favoured against the heir . l. 3. c. 6. r. 1. n. 15. p. 405. the primitive Church did borrow some ceremonies from the heathen . l. 2. c. 3. r. 19. n. 13. p. 552. the Christian Churches and Commonweals ought to be better ordered then were the Jewish . ibid. r. 20. n. 5. p. 555. of the honour due to Church-men . l. 3. c. 3. r. 6. n. 18. p. 187. In external actions the command of the Prince is to be obeyed before the command of the Church . ibid. n. 27. p. 193. Princes are not bound to execute the decrees of the Church . ibid. r. 8. n. 5. p. 209. The Church hath no jurisdiction . l. 3. c. 4. r. 1. n. 5. p. 213. it hath no dominion but a ministerial power . ibid. n. 6. p. 214. which is proved by the Testimonie of the Fathers . ibid. S. Chrysostome proves the Episcopal office more difficult then the Kingly , because it hath no jurisdiction . ibid. the Hig● priest under the old Testament had a proper formal jurisdiction , which the Christian Church had not . ibid. n. 8. p. 215. the Church hath an analogical Jurisdiction . ibid. n. 11. p. 217. what is that power of remitting sins given to the Church . ibid. r. 13. ● . 218. rightly to understand the power of the Church very usefull . ibid. n. 17. p. 220. the Government of the Church like that of the Jews before they had a King. ibid. all the power of making Church laws is in the Pastor or Bishop . l. 3. c. 4. r. 2. n. 2. p. 221. what obedience we owe to the Church . l. 3. c. 4. r. 3. n. 3 , 4 , 5. p. 225. the Church hath power to make laws in things that are helps of duty . l. 3. c. 4. r. 4. por tot . p. 226. God in several manners governed his Church . ibid. r. 5. n. 1. p. 234. never any Ecclesiastical Laws in the primitive Church did oblige the people , unless established by the Prince or Emperour . ibid. n. 4. p. 236. Kings obey the Laws of the Church . ibid. r. 6. n. 1. p. 237. Privileges made to the Church may be taken away again . ib. n. 3. p. 238. the Apostles intended not by any Laws to oblige all the ages of the Church , but such Laws as they received from Christ. ib. r. 11. n. 4. p. 267. the Canons of the Church . ib. r. 11. p. 266. the authority of customes of the Church . l. 3. c. 4. r. 15. n. 1. p. 287. a Christian must not practise the different Customs of his own Church to the scandal of another . ibid. n. 4. p. 288. a man may comply with the differing customes of several Churches . ibid. a custome of the Church obliges not the Conscience against a Law of the Church . ibid. n. 6. p. 289. a custome of the Church obliges not the Conscience , unless it be reasonable , or to avoid scandal . ibid. n. 7. p. 290. a custome Ecclesiastical that is but of a legal and presum'd reasonableness binds us to conformity . ibid. n. 11. p. 293. the Character of those that quarrelled with the customes of our Church . ibid. p. 294. Laws of the Church must not be perpetual . ibid. r. 17. n. 7. p. 303. the Church of the Jews made laws with another authority then doth the Christian. ibid. n. 24. p. 311. Laws made by a particular Church , may not by one Church be imposed on another . ibid. n. 25. p. 311. they may be continued by any authority so long as that authority lasts . ibid. n. 26. p. 311. In the matter of meats and drin●s and days their Laws must be wholly relative to religion , not have regard to themselves . ibid. n. 27. p. 312. they must be imposed with liberty of the whole Church , not of each Subject . ibid. n. 28. they must serve religion , but never pretend to be religion . ib. n. 29. they must not be taught for doctrines and commandments of God. ibid. n. 30. the difference between the obligation that Laws of the Church and Civil Laws leave on the Subject . ibid. r. 18. n. 6. p. 315. the Legislative power of the Church is wholly a ministery of grace and godliness , not of empire and dominion . ibid. Laws of the Church must be easie and charitable . l. 3. c. 4. r. 19. n. 1. p. 316. Edification and Charity ought to be the end of all Lawes made by the Church , beyond this she hath no Legislative power . ibid. r. 20. n. 3. p. 324. When the Church in making such laws acts beyond her Commission , she obliges not . ibid. the Church hath not power to bring into a Law whatsoever is for edification . ibid. n. 5. p. 325. the Church cannot impose ceremonies by a law . ibid. n. 4 , 5. p. 325. Laws of the Church are not for edification when they give offence to wise and good men . l. 3. c. 4. r. 20. n. 9. p. 328. how the Rulers of the Church and their Subjects must behave themselves if their Laws give offence . ibid. Catholic Church . the Catholic Church cannot alone give sufficient authority to tradition . l. 2. c. 3. r. 14. n. 40 , 41. p. 498 , 499. the universal Church is to be our Guide in interpreting some precepts . l. 2. c. 3. r. 17. n. 7. p. 544. a custome of the Catholic Church obliges not the Conscience , unless it be of present observation . l. 3. c. 4. r. 15. n. 5. p. 289. the Catholic Church is a good Witness , but not a competent Judge in matters of Faith. ibid. r. 21. n. 1. p. 350. this is not true of the Catholic Church of any one age , but of all . ibid. n. 3. p. 351. the Catholic Church cannot be a Judge in controversies , because if there be a difference it is not Catholic . ib. n. 4. we know not where to find it . n. 5. the sentence of those that call themselves Catholic depends on a few that prescribe to others . ibid. n. 6. of the power of the Church in making Laws . l. 3. c. 1. r. 1. n. 32. p. 22. Church of Rome . Instances wherein the Roman Church do advance the Commandments of men above those of God. l. 3. c. 4. r. 17. n. 16 , 17 , 18. p. 306 , & 307. the Reasons that move those of the Church of Rome to make the two first Commandments to be one . l. 2. c. 2. r. 6. n. 6. p. 327. what evil Doctrines concerning Conscience the Roman Doctors teach . Preface , pag. 2 , 3. Conscience . In things not certain no man can give a Law to the Conscience . l. 3. c. 4. r. 23. n. 5. p. 357. in articles not necessary the subjects should be invited to subscribe , not forced . ibid. the Conscience cannot relie upon customes because of the many difficulties . l. 3. c. 6. r. 6. n. 7. p. 430. Humane Laws bind the Conscience . l. 3. c. 1. r. 1. Rules to know what humane Laws bind to a greater and what to a lesser sin . l. 3. c. 1. r. 1. n. 16. p. 10. an expedient for the attaining peace of Conscience in relation to the controverted articles of Christendome . l. 4. c. 1. r. 1. n. 10. p. 443. Every thing we doe must twice pass through the Conscience , when it is to be done , and when done . l. 4. c. 1. r. 1. n. 21. p. 450. Customes against Law cannot indemnifie the Conscience . l. 3. c. 6. r. 6. n. 4. p. 429. Conscience defined . l. ● . c. 1. r. 1. n. 1. p. 1. what Conscience is in its use and power . ibid. n. 1 , 2. it is a result of the understanding , will and memory . ibid. it proves that there is a God. ib. n. 4. the word distinguished . ibid. n. 6. how it is , men do things against their Conscience . ibid. n. 7. Conscience is the mind guided and furnished with a holy rule . ibid. n. 8. the Hebrew hath no word for Conscience but what signifies principally the heart . ibid. n. 8. p. 4. God reigns in our mind by Faith and Conscience , their difference . ibid. n. 10. p. 5. S. Bernards comparison between the Conscience and a house in the parts of both , examined . ibid. n. 11 , 12. p. 5. what force the will hath upon the Conscience . ibid. n. 13. p. 9. what is the adequate measure of Conscience . l. 1. c. 1. r. 1. n. 21. p. 8. what Conscience is . ibid. n. 23. p. 9. the word Conscience explained . ibid. the full process of Conscience . ibid. n. 24. p. 10. Conscientia distinguished from Prudentia . ibid. n. 26. p. 10. all the dictates of Conscience are not equally certain . l. 1. c. 1. r. 2. n. 2. p. 12. the offices of Conscience . ibid. p. 11. to dictate . n. 1. p. 11. to witness . n. 3. to accuse or excuse . n. 5. to loose or bind . n. 8. the evils that are felt by a troubled Conscience . l. 1. c. 1. r. 2. n. 10. p. 15. the torments of a troubled Conscience . ibid. p. 16. Shame , the attendant of a troubled Conscience . ibid. n. 11. p. 17. Distraction of mind the effect of a troubled Conscience . ibid. n. 12. p. 17. Impudence is sometimes the effect of a troubled Conscience . ibid. n. 13. p. 18. A troubled Conscience disquieted with Fear . ibid. n. 14. p. 19. the pains of a troubled Conscience described out of the book of the Wisdom of Solomon . ibid. a perpetual restlesness accompanies a troubled Conscience . ibid. n. 16. p. 19. the torments of Conscience encrease at death and after . ibid. n. 17. p. 20. by what instrument or power the Conscience inflicteth torment . ibid. n. 18. p. 20. the reason why Conscience is more afraid in some sins then others , though they are all damnable . ibid. n. 22. p. 21. Of the act of Absolution in the Conscience . ibid. n. 24. p. 23. the pleasures of a quiet good Conscience . ibid. the signs of true peace of Conscience . l. 1. c. 1. r. 2. n. 25. p. 24. Conscience does sometimes onely counsell . ibid. n. 27. p. 25. men cover all their open sins with the pretence of Conscience . ibid. r. 3. n. 1. p. 26. Conscience binds though it be in an error . ibid. p. 27. how to know when the office of Conscience is usurped by something like it . ibid. r. 3. n. 3. p. 27. that Conscience that is not willing to bear a search is not right . ibid. the Division of Conscience . ibid. r. 7. per tot . p. 35. the Conscience judgeth of actions by a double act , a direct and reflex . l. 1. c. 2. r. 2. n. 2. p. 39. Propositions naturally and philosophically known and not theologically sometimes are the rule in a sure Conscience ibid. r. 3. n. 5. p. 41. the more sure the Conscience is the greater is the sin that is against it . ibid. r. 8. n. 1. p. 81. the Conscience if it declares , obliges whether it be right or wrong ( with some cautions . ) ibid. r. 9. n. 3. p. 95. whatsoever is expresly commanded by God cannot by Conscience be changed into evil ibid. n. 8. p. 96. where the rule is so obscure or the duty so intricate , that the Conscience may inculpably erre , there the Conscience may change the object . ibid. n. 9. p. 97. when the act is materially evil , believing it to be good does not make a perfect change , but leaves an allay only . ibid. r. 9. n. 10. p. 97. if the Conscience dictate a thing to be necessary , the thing is by no means to be declined . ibid. n. 11. p. 97. Conscience makes no essential alterations in the thing , but only personall obligations to the man. ibid. n. 11. p. 98. the Conscience can make a change between necessary and unnecessary , but not between good and bad . ibid. n. 12. p. 98. If the Conscience determine that for necessary to be done which ought not to be done , the man cannot escape a sin . l. 1. c. 2. r. 9. n. 11. p. 98. If the Conscience dictate a thing to be lawfull but not necessary , if the contrary be a duty , it is not safe to follow the Conscience , because it allows only and commands not . ibid. n. 13. p. 99. what manner of obligation is passed upon us by an erring Conscience . l. 1. c. 3. r. 2. n. 26. p. 107. the measures of obedience due to an erring Conscience . ibid. n. 28. p. 107. of a perplexed Conscience . l. 1. c. 6. r. 2. n. 6. p. 212. 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. l. 2. c. 2. r. 6. n. 73. p. 371. Nemo , in Conscientia donec condemnetur , ad poenam exolvendam tenetur . l. 2. c. 3. r. 16. n. 9. p. 523. the Conscience may be free , when the will is not . l. 3. c. 1. r. 1. n. 29. p. 20. all humane Laws prescribing to the Conscience or restraining the thoughts are null . l. 3. c. 1. r. 3. n. 4. p. 33. in matter of burden the Conscience of the guilty person is to be favoured as much as may be in the interpretation of Laws . l. 3. c. 2. r. 2. n. 31. p. 70. they doe ill that make no Conscience of purloining from the Custom-houses . l. 3. c. 2. r. 8. n. 3. p. 125. General Councils are of great use in determining cases of Conscience . l. 3. c. 4. r. 22. n. 2. p. 353. Against a doubting Conscience a man may not act , but against a scrupulous he may . l. 1. c. 6. r. 2. n. 2. p. 211. Candles . of lighting Candles by dead bodies . l. 3. c. 1. r. 1. n. 18. p. 12. Charity . religion yields to it . l. 1. c. 1. r. 8. n. 28. p. 201. the precept of Charity and forgiveness is not inconsistent with humane punishments . l. 3. c. 2. r. 1. n. 3. p. 54. whatsoever is against Charity is not the effect of Justice . ibid. n. 5. p. 54. duties of Charity in several persons may be mutually contrary . ib. n. 7. p. 55 Children . they ought to obey their Parents . l. 3. c. 5. r. 1. n. 1. p. 359. reasons to enforce that duty . ibid. n. 1 , 2 , 3. p. 359 , 360. they must honour and reverence their Parents . l. 3. c. 5. r. 1. n. 6. p. 362. it is a sin for Children to disobey the holy precepts and counsels their Fathers instruct them with . ibid. n. 7. p. 362. they must maintain their Parents . l. 3. c. 5. r. 3. n. 2. p. 366. they should be under strict tutelage betimes . l. 4. c. 1. r. 6. n. 6. p. 503. at what age Children are capable of Laws . ibid. n. 4. p. 501. Compliance with weak Consciences . the Council of Auxerre did appoint Letanies and austerities three days within the twelve Festivals of Christmas , to rebuke the too-great compliance with the Heathen . l. 2. c. 3. r. 19. n. 15. p. 553. No sin is to be permitted in complyance with weak Consciences . ibid. r. 10. n. 8. p. 434. of compliance with weak Consciences . ibid. n. 12. p. 437. A custome in the administration of a Sacrament brought in against the analogy and purpose of the mystery ought not to be complyed with . l. 3. c. 4. r. 15. n. 12. p. 295. Christ. the divinity of his person . l. 1. c. 4. r. 2. à n. 13. ad n. ●8 . p. 130. of his Doctrine . ibid. à n. 18. ad . n. 21. his Instruments . n. 22. of his praedictions . ibid. n. 26. considered in opposition to the Jewish religion . ibid. n. 29. Heathen . ibid. n. 30. Mahometan . ibid. n. 31. If Christ hath not taught us some new Laws , he hath taught some new Excellencies and perfections of Morality in the old instances . l. 2. c. 2. r. 4. n. 2. p. 319. of the Example of , Christ , as it is to be imitated by us . l. 2. c. 2. r. 7. n. 33. p. 383. Christian. wherein the Christian righteousness differs from the Mosaick . l. 4. c. 1. r. 1. n. 24. p. 450. why the Christian Law contains somethings contrary to the Law of nature . l. 1. c. 2. r. 3. n. 31. p. 50. A discourse proving that the CHRISTIAN RELIGION is from God. l. 1. c. 4. r. 2. n. 12. p. 124. the Christian Religion if it were embraced rightly would prevent all war. l. 2. c. 2. r. 7. n. 20. p. 378. A character of the Christians obedience . l. 2. c. 3. r. 5. n. 1. p. 405. the difference between the Christian ceremonies and those of Moses Law. ib. n. 5. p 406. the righteousness of the Christians must exceed that of the Jews . l. 2. c. 3. r. 20. n. 2. p. 555. the Christian Churches and Commonweals ought to be better ordered then were the Jewish . ib. n. 3. p. 555. wherein the Christian obedience must exceed the Jewish . l. 2. c. 3. r. 20. n. 2. ad fin . cap. p. 556 , 557 how far every single Christian is bound to exceed the measures of obedience practised under the Law of Moses . l. 2. c. 3. r. 20. n. 12. p. 558. Humane Laws can impose ceremonies upon us notwithstanding Christian Libertie . l. 3. c. 1. r. 1. n. 28. p. 18. Christians must not go to Law but upon very great cause . l. 3. c. 2. r. 1. n. 18. p. 615. Cicero was too amorous to his own daughter . l. 2. c. 2. r. 3. n. 78. p. 315. Civil . 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 . l. 3. c. 5. r. 2. n. 2. p. 364. the Civil and Canon Law differ in their account of Rapes . ibid. r. 8. n. 15. p. 387. wherein the Civil Law can change the Natural Law. l. 2. c. 1. r. 10. n. 7. p. 271. the Civil Law can adde to the Law of Nature . ibid. n. 9. p. 272. Cautions to be used in civil permissions of an unlawfull act . l. 2. c. 2. r. 7. n. 7. p. 374. the difference between the obligation that Laws of the Church and Civil Laws leave on the Subject . l. 3. c. 4. r. 18. n. 6. p. 315. Circumstances . of the Circumstances of time and place in relation to Laws . l. 3. c. 6. r. 3. n. 30. p. 422. Certainty . a twofold certainty in the Conscience . l. 1. c. 2. r. 2. n. 2. p. 39. what kind of certainty is to be look'd for in moral actions . ibid. n. 3. p. 39. an opinion may be practically certain when the knowledge of it in speculation is only probable . l. 1. c. 4. r. 1. n. 1. p. 120. Clemency . It is a great vertue in a Prince . l. 3. c. 3. r. 2. n. 18. p. 146. Commandment , &c. In interpreting Gods commands we must chuse that sense that most promotes the ends of the Commandment . l. 3. c. 6. r. 1. n. 10. p. 403. he that commands is more guilty then be that in obedience executes . l. 4. c. 1. r. 2. n. 1. p. 455. In maleficio , Ratihabitio mandato comparatur . ibid. In all prime necessary Commandments the most obvious sense is the best and principally intended . l. 1. c. 1. r. 6. n. 1. p. 34. whatsoever is expresly commanded by God cannot by Conscience be changed into evil . l. 1. c. 2. r. 9. n. 8. p. 96. when a Commandment is given with a reason , it does not follow , that where the reason continues not , that the Commandment does not . l. 1. c. 5. r. 8. n. 8. p. 192. the breach of a Commadment is a surer rule to judge of the quality of sins then their being against a natural reason . l. 2. c. 1. r. 6. n. 4. p. 259. To kill ones self is against the sixth Commandment . l. 3. c. 2. r. 3. n. 7. p. 75. whatsoever is forbidden by the naturall law or commanded by it cannot be permitted or forbidden . l. 2. c. 1. r. 10. n. 3. p. 270. The Jewish Doctors taught that at the command of a Prophet , it was lawfull to break any Commandment , that only excepted , which concerns the worship of God. l. 2. c. 2. r. 1. n. 1. p. 276. the reasons that move those of the Church of Rome to make the two first Commandments to be one . l. 2. c. 2. r. 6. n. 6. p. 327. the reasons that move the Lutherans to doe it . ibid. p. 329. the second Commandment is moral , not only positive . ibid. n. 23. p. 338. the Primitive Christians were haters of Image-worship . ibid. n. 33. p. 349. Many of the Ancients affirme that both the tables of Moses are moral in all except the precept of the Sabbath . ibid. n. 41. p. 355. Reasons why all Commandments but the Fifth are affirmative . l. 2. c. 3. r. 1. n. 2. p. 389. that parts of some precepts are Counsels ibid. n. 14. p. 394. more is forbidden and commanded then is in the words of the Commandmandment . ibid. r. 3. n. 1. p. 396. whatsoever action is of the same specification with an action expresly commanded or forbidden is of the same obligation . ibid. n. 3. p. 398. if the Relative be under the Commandment , then also the Correlative is ibid. n. 6. p. 399. In what sense it is said , He that breaks one Commandment is guilty of all . ibid. r. 11. n. 17. p. 447. there is in every Commandment a negative and an affirmative part . ibid. r. 12. n. 2. p. 449. In matters of counsell God does invite us to some actions , which to omit is no sin , but it is never so in matters of Commandment . ib. r. 16. n. 21. p. 529. Of Commandments and Counsels . ib. r. 17. n. 11. p. 545. A flying or ambulatory Commandment , il mandato volante . ibid. r. 18. n. 1. p. 547. when it is unlawfull to teach for Doctrines the Commandments of men . l. 3. c. 4. r. 17. n. 10. p. 304. Instances wherein the Roman Church do advance the Commandments of men above those of God. ibid. n. 16 , 17 , 18. p. 306 , 307. Laws made by a particular Church must not be taught for doctrines and Commandments of God. ibid. n. 30. Customs are to be tried by the rule or commandment . l. 2. c. 3. r. 19. n. 5. p. 550. Commission . Sins of commission are greater then sins of omission . l. 2. c. 3. r. 1. n. 12. p. 393. Commutation . of commutation of Laws . l. 3. c. 6. r. 5. p. 426. rules of administring it . ibid. Consent . in what cases Consent is indicated by silence . l. 4. c. 1. r. 2. n. 11. p. 461. Cautions to be observed in the presumption of leave upon the silence of a Superiour . l. 4. c. 1. n. 16. p. 462. it is no argument , when it is nothing but imitation . l. 2. c. 2. r. 6. n. 74. p. 371. In matters criminal the consent contracts guilt . l. 4. c. 1. r. 2. n. 3. p. 456. Contract . 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 . l. 3. c. 6. r. 1. n. 12. p. 404. Rules of extending or diminution of contracts the same as of extending or diminution of Laws . ibid. r. 3. n. 32. p. 422. In matters of Fraud , if an error be in the substance of things contracted for , it is invalid . l. 4. p. 509. Cases concerning contracts . l. 4. c. 1. r. 6. n. 22. p. 510. of contracts with minors . l. 2. c. 1. r. 5. n. 2 , 3. p. 252. A Contract made by him that had no power is invalid . ibid. r. 7. n. 3. p. 261. Clergy . Of Clergy-men wearing black . l. 3. c. 4. r. 15. n. 7. p. 290. of the marriage of the Clergy . ibid. r. 20. n. 15. p. 332. Some Councils have subjected the Clergy to the secular Judge . l. 3. c. 3. r. 6. n. 4. p. 180. Communion . Of Communion with erroneous persons . l. 3. c. 4. r. 8. n. 5 , 6. p. 249. We may not communicate with those that are justly excommunicate . ibid. r. 10. p. 261. Compell . Princes may compell their Subjects to serve God. l. 3. c. 3. r. 5. n. 3. p. 174. Confessions of Faith. Subscription to them is only for the conservation of peace and unity . l. 3. c. 4. r. 23. n. 1. p. 356. Such subscription does not bind a man for ever . ibid. n. 2. should be required to Articles otherwise necessary in themselves . ibid. n. 3. p. 357. or for the preserving of peace . ib. n. 4. Controversies . Of the Judge of Controversies . l. 3. c. 4. r. 21. n. 3. p. 351. The Catholick Church cannot be a Judge in Controversies , because if there be a difference it is not Catholick . ibid. n. 4. an expedient for the attaining peace of Conscience in relation to the Controversies that trouble Christendome . l. 4. c. 1. r. 1. n. 10. p. 443. Contempt . Of Contempt of Laws . l. 3. c. 1. r. 1. n. 22. p. 15. Causelessly and contemptuously are all one . ibid. In Comparatione personarum inest lasio & injuria . l. 3. c. 5. r. 7. n. 9. p. 377. Counsell . He that gives counsell or aid to an action good or evil , to him it is imputed as the effect of his choice . l. 4. c. 1. r. 2. n. 22. p. 466. of the guilt of those that assist at murthers , either by counsell , company or presence . ibid. n. 23. p. 467. the parts of some precepts are Counsells . l. 2. c. 3. r. 1. n. 14. p. 394. the difference between Counsells and Laws . ibid. r. 12. n. 4. p. 450. the measures and notes of their difference ibid. n. 10. p. 452. In matter of Counsels God does invite us to some actions , which to omit is no sin . ibid. r. 16. n. 21. p. 529. Of Counsells , ib. r. 17. n. 11. p. 545. Evangelical Counsells may not be made into Laws . l. 3. c. 4. r. 20. n. 12. p. 330. Counsells Evangelical when they are not left at liberty become a snare . l. 3. c. 4. r. 20. n. 13. p. 331. Council . A Council cannot alone give sufficient authority to tradition . l. 2. c. 3. r. 14. n. 42. p. 499. 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 . ibid. r. 19. n. 14. p. 553. Some Councils have subjected the Clergy to the Secular Judge . l. 3. c. 3. r. 6. n. 4. p. 180. The first Councils were called by the Emperors . ibid. r. 7. n. 10. p. 204. the Emperor had the primacy in eight General Councils . ibid. the Emperor did dismiss the Councils ibid. n. 11. p. 205. Of a General Council and its authority . l. 3. c. 4. r. 14. n. 1. p. 285. Several Councils rejected by several Catholick Princes . ibid. n. 2. p. 286. How binding the Canons of an ancient Council are . ibid. n. 3. p. 286. General Councils are not the proper measure of matters of faith . ibid. r. 22. n. 1. p. 353. yet are of great use in determining cases of Conscience . ibid. n. 2. what is the authority of a Council . ibid. n. 3. p. 354. Of Counterfeiting old Medals , Manuscripts and Beautie , &c. l. 3. c. 2. r. 5. n. 44. p. 104. Criminal . In matters criminal the consent contracts guilt . l. 4. c. 1. r. 2. n. 3. p. 456. in what cases the Criminal is to be his own Executioner . l. 3. c. 2. r. 2. n. 14. p. 63. A Criminal condemned may be pardoned by the King. l. 3. c. 3. r. 2. n. 18. p. 146. In what cases he may doe it . ibid. n. 19. p. 147. Death must not be inflicted on Criminals upon trifling causes . l. 3. c. 2. r. 1. n. 17. p. 58. Condemned . Condemned persons are not bound to put themselves to death . l. 3. c. 2. r. 2. n. 18. p. 65. One condemned by an unlawful Judge or Power , may resist the Executioner in some cases . ibid. Signes by which to know when the Law condemns the Offender ipso facto . ibid. p. 68. whether it be lawfull to kill a mans self when he stands condemned to dye . l. 3. c. 2. r. 3. n. 4. p. 72. An Offender condemned may be pardoned by the King. l. 3. c. 3. r. 2. n. 18. p. 146. In what cases he may doe it . ibid. n. 19. p. 147. Of the Cross used in Baptisme . l. 3. c. 4. r. 20. n. 8. p. 327. Of the marriage of Cosen-Germans . l. 2. c. 2. r. 3. n. 34. p. 301. P. Gregory affirmed that if Cosen-Germans marry they would have no children . l. 2. c. 2. r. 3. n. 79. p. 316. Custome . Where a Law is established and good , Custome of it self cannot annull it . l. 3. c. 6. r. 6. n. 2. p. 428. When there is no Law , Custome suplies the place . ibid. A Custome can interpret a Law. ibid. n. 3. p. 428. Customes are as good as Laws in the doubtfull interpretation of Laws . ibid. n. 3. p. 428. That Custome , by the Laws of Spain , is forever to be observed , according to which the Judge has twice pronounced sentence . ibid. Custome alone cannot abrogate Laws . ibid. n. 4. p. 428. Consuetudo nec rationem vincit nec legem . ibid. p. 429. Customes against law cannot inde●nifie the Conscience . ibid. That mistake that Custome can abrogate a Law , ●egan in those nations where the legislative power was in the people . ib. n. 6. p. 429. Custome cannot abrogate a Law under a Monarchy ibid. p. 430. The Conscience cannot relie upon Customes , because of the many difficulties . ibid. n. 7. p. 430. What receives all its warrant from Custome cannot be of divine authority . l. 2. c. 3. ● . 19. n. 1. p. 548. Custome may expound the sense of Law or Doctrine , but not make one . ibid. n. 2. p. 549. A weak reason is to be preferred before a long prevailing custome . ibid. n. 3. p. 549. Customes are to be examined and tryed by the Rule or Commandment . ibid. n. 5. p. 550. When Custome may safely be relyed upon . ibid. n. 6. p. 550. The Customes of the world are but an ill Commentary on the Commandments of our B. Lord. ibid. n. 7. p. 550. Customes ought to be borrowed from the Heathen with great caution . ibid. n. 14. p. 553. Such customes as are built upon any point of heathen doctrine we may not borrow . l. 2. c. 3. r. 19. n. 15. p. 553. Ex consuetudine indici praesumptionem contemptus , licèt ipsa contemptus non fit . l. 3. c. 1. r. 1. n. 22. p. 15. The authority of customes of the Church . l. 3. c. 4. r. 15. n. 1. p. 287. A Christian must not practise the different customes of his own Church to the scandal of another . ibid. n. 4. p. 288. A man may comply with the differing customes of several Churches . ibid. A custome of the Catholick Church obliges not the Conscience , unless it be of present observation . ibid. n. 5. p. 289. A custome of the Church obliges not the Conscience against a Law of the Church . ibid. n. 6. p. 289. A custome of the Church obliges not the Conscience , unless it be reasonable , or to avoid scandal . ibid. n. 7. p. 290. The measures by which good customes are known . ibid. n. 8. p. 291. A custome whose reason is not known , if it be of immemorial time , is not lightly to be laid aside . l. 3. c. 4. r. 15. n. 10. p. 292. Consu●tudo cujus initii memoria non sit in contrarium , praesumitur rationabilis . ibid. n. 10. p. 293. A custome Ecclesiastical that is but of a legal and presumed reasonableness binds us to conformity . ibid. n. 11. p. 293. The Character of those that quarrelled with the customes of our Church . ibid. n. 11. p. 294. A custome in the administration of a Sacrament brought up against the analogy & purpose of the mystery ought not to be complied with . l. 3. c. 4. r. 15. n. 12. p. 295. The Judges by their sentences best convey the notice of a Custome . l. 3. c. 6. r. 6. n. 3. p. 428. Custome , or tribute . They doe ill that make no conscience of purloining from the Custome-house . l. 3. c. 2. r. 8. n. 3. p. 125. It is not lawfull to deny custome , though to the Farmer and not to the Prince . l. 3. c. 2. r. 10. n. 5. p. 128. Of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 3. r. 4. n. 19. p. 172. In Corporal punishments the Law does not proceed without the sentence of the Judge . l. 3. c. 2. r. 2. n. 17. p. 64. Qualis Causa talis Effectus . Pref. pag. 12. D. THE Daughter that is marriageable , when her Father is dead , is under the power of her Mother . l. 3. c. 5. r. 8. n. 29. p. 394. Death . What things are requisite to make the sentence of Death just upon an accused person . l. 1. c. 2. r. 8. n. 18. p. 88. Death-bed repentance . l. 2. c. 3. r. 16. n. 9. p. 523. The Laws of God in precepts purely affirmative do not oblige to an actual obedience in danger of death . l. 3. c. 1. r. 2. n. 8. p. 27. An Humane Law made under the penaltie of death binds to obedience , though death certainly follow . l. 3. c. 1. r. 2. n. 12. p. 29. Whether it be lawfull to kill a mans self when he stands condemned to dye . l. 3. c. 2. r. 3. n. 4. p. 72. Among the Romans they that killed themselves might make their wills . ibid. The Stoicks held it lawfull to kill ones self in five cases . ibid. n. 4. p. 73. Aristotle will not allow it to be gallant for the avoiding any evil to kill ones self . l. 3. c. 2. r. 3. n. 6. p. 74. When a Tyrant power threatens death to make the obedient Subject contemn the Law , the Subject ought rather to dy then disobey the Law. l. 3. c. 1. r. 2. n. 13. p. 29. Death must not be inflicted on Criminals upon trifling causes . l. 3. c. 2. r. 1. n. 17. p. 58. Some Princes required malefactors to be Executioners of death upon themselves . l. 3. c. 2. r. 2. n. 17. p. 65. It is an act of Despair to procure ones own death to prevent worse usage from the hands of Enemies . l. 3. c. 2. r. 3. n. 8. p. 75. To kill ones self is against the sixth Commandment . ibid. n. 7. p. 75. 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 . ibid. n. 9. p. 76. To kill ones self is against the Doctrines of the Fathers . l. 3. c. 2. r. 3. n. 6 , 9. p. 76. is rebellion against God. n. 10. p. 76. is against nature . n. 11. p. 77. Of Sampsons killing himself . l. 3. c. 2. r. 3. n. 13. p. 77. Of arresting dead bodies for debt . l. 3. c. 2. r. 7. n. 10. p. 120. Debt . A man is not bound to pay his debts , when to do so will take away from him his natural support . l. 1. c. 5. r. 8. n. 28. p. 201. Of imprisoning insolvent Debtors . l. 3. c. 2. r. 7. n. 5. p. 118. Debtors were free from their Crediditors , if they did ejurare bonim copiam . ibid. n. 7. p. 118. The several Laws of the Romans concerning insolvent Debtors . ibid. n. 5 , 6 , 7 , 8. p. 118. Christian religion takes off all rigid inflictions from isolvent Debtors . ibid. n. 9. p. 120. Of Delight in an evill action when it is passed . l. 1. c. 3. r. 5. per tot . p. 112. Dice . Whether the Dicemakers trade be lawfull . l. 4. c. 1. r. 2. n. 25. p. 468. Whether it be lawfull to play at Dice . ibid. n. 27. p. 469. Those that lost any considerable part of their estate at Dice the Roman Law banished . ibid. n. 28. p. 470. In what instances Dice may be lawfull . ibid. Rules to be used in the managing that kind of recreation . ibid. n. 32. p. 473. Vide Gaming in the letter G. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 1. c. 2. r. 3. n. 20. p. 460. Dispensation . The ground and measure of the Dispensation of Laws . l. 1. c. 5. r. 8. n. 35. p. 205. God can dispense with the Law of Nature . l. 2. c. 1. r. 9. n. 3. p. 264. A Dispensation is not necessary for Conscience , but for avoiding scandall or punishment . l. 3. p. 424. The causes of proper dispensations . ibid. p. 425. He that dispenseth must not injure religion nor any right not subject to him . l. 3. p. 425. Every matter from whence the ratio Debiti can be taken , is dispensable . l. 2. c. 1. r. 9. n. 11. p. 268. The Pope hath not power to dispense with the law of Nature . l. 2. c. 1. r. 10. n. 9. p. 272. No humane power can dispense with the positive Laws of Jesus Christ. l. 2. c. 3. r. 11. n. 1. p. 440. Dispensation is twofold . ibid. n. 13. p. 445. No man can dispense with those Laws that follow by immediate consequence from the positive Laws of Christ. ibid. n. 15. p. 446. 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 . l. 2. c. 3. r. 11. n. 15. p. 446. A duty whose necessary condition cannot be supplied is dispensed with in the nature of the thing , not by any act of Jurisdiction . l. 2. c. 3. r. 11. n. 15. p. 446. Of the power of Dispensation . l. 3. c. 6. r. 4. n. 1. p. 423. It is twofold , proper and improper . ibid. n. 2 , 3. p. 423. Men have made many needless disputes about the power of Princes in dispensing with Laws . ibid. n. 4. p. 424. All Dissembling from an evill principle and to evill purposes is unlawfull . l. 3. c. 2. r. 5. n. 44. p. 104. Divine . When the authority of Divines is to be followed . l. 1. c. 4. r. 10. n. 5. p. 165. The Antients sometimes affirm a thing is of Divine right , if they have in Scripture but an authentic example . l. 3. c. 4. r. 13. n. 8. p. 275. Divorce . It was the opinion of S. Hierome and some others , that it was not lawfull for the Husband or wife to live with her or him that was notoriously guilty of adultery . l. 1. c. 5. r. 8. n. 7. p. 191. Duty . Concerning the supply of Duty . l. 2. c. 3. r. 11. n. 17. p. 447. 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. l. 2. c. 3. r. 16. n. 4. p. 522. In what manner an intrinsecal condition being wanting , the Duty is released . l. 2. c. 3. r. 11. n. 15. p. 446. No man is to answer for an accidental evil effect , that is consequent to his duty . l. 3. c. 2. r. 1. n. 6. p. 55. That which is necessary to be done is not against any mans duty . ib. n. 10. p. 56. The Distinction of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 2. c. 2. r. 6. n. 27 , 28. p. 342. Doubt . A negative doubt what it is . l. 1. c. 5. r. 1. n. 5. p. 175. a negative doubt binds not to action . l. 1. c. 5. r. 2. n. 1. p. 176. what is a privative Doubt . ibid. n. 7. p. 177. Against a doubting Conscience a man may not act , but against a scrupulous he may . l. 1. c. 6. r. 2. n. 2. p. 211. 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 . l. 2. c. 2. r. 7. n. 43. p. 387. The Doctors of the Church cannot give sufficient authority to a tradition . l. 2. c. 3. r. 14. n. 41. p. 499. Concerning Durandus his distinction , Ligat Conscientia Erronea , sed non obligat . l. 1. c. 3. r. 2. n. 26. p. 107. Duell . Of the way of proving ones innocence by Duell . l. 3. c. 2. r. 6. n. 12. p. 112. In what cases judicial Duells are lawfull . ibid. n. 13. p. 113. Drunkenness . Of those that permit it in their houses at feasts . l. 4. c. 1. n. 21. p. 465. Whether and in what manner it may lessen a Crime . l. 4. c. 1. r. 6. n. 14. p. 506. Of the Crimes done in drunken distempers . ibid. n. 10. p. 505. What difference there is in the obligation of a Law of Christ in respect of the outward and inward action . l. 2. c. 3. r. 16. n. 4. p. 522. E. Easter . EAster was not instituted by command of the Apostles . l. 3. c. 4. r. 13. n. 13. p. 278. It is no dishonour to that feast , to affirm the Apostles did not intend to make laws concerning it . l. 3. c. 4. ● . 13. n. 13. p. 279. Easter festival was in use , though not commanded in the Apostles time . ibid. The measures of Eating and drinking . l. 4. c. 2. r. 2. n. 2. Ecclesiastics . Rules concerning the residency of Ecclesiastics or their translation . l. 1. c. 2. r. 5. n. 22. p. 69. A Decretal of Pope Evatristus concerning Ecclesiastics leaving their Churches , dissallowing it upon any pretence . ibid. n. 23. p. 69. An act of the Nicene Creed concerning the same , out of S. Hierome . ibid. An explication of the Decretal of Evatristus . ibid. n. 24. An explication of the allegation , out of S. Hierome . ibid. n. 25. p. 71. Some instances of Kings and Priests driven from their thrones by an exorbitant Ecclesiastical power . l. 3. c. 3. r. 4. n. 11. p. 166. Ecclesiastical power differs much from the Civil . l. 3. c. 3. r. 4. n. 19. p. 171. Divers Ecclesiastical Laws made by Emperours . l. 3. c. 3. r. 5. n. 5. p. 175. Baronius answered , who affirms , those Ecclesiastical Laws made by Emperours were unjust . l. 3. c. 3. r. 5. n. 7. p. 176. Donatus said , What hath the Emperour to doe with the Church ? l. 3. c. 3. r. 5. n. 6. p. 176. S. Chrysostome teaches that an Ecclesiastical person though an Apostle must be subject to the civil power . l. 3. c. 3. r. 6. n. 1. p. 178. Instances to prove that the civil power hath a power of coercion over Ecclesiastics . ibid. n. 3. p. 179. Wherein consists the honour of an Ecclesiastic . l. 3. c. 3. r. 6. n. 18. p. 187. Ecclesiastics have not a temporal power in order to a spiritual end . l. 3. c. 3. r. 7. n. 2. p. 200. That saying . Ecclesia est in republica , non Respublica in Ecclesia , explained . ibid. n. 8. p. 203. The distinct parts and measures of the Ecclesiastical and Civil power . l. 3. c. 4. r. 5. n. 3. p. 235. the difference of the Ecclesiastical from the Civil power . l. 3. c. 4. r. 9. n. 1. p. 255. See more in C. word Church . Of the Hebrews lying to Egyptians . l. 3. c. 2. r. 5. n. 7. p. 84. The Council of Eliberis decreed against pictures in Churches . l. 2. c. 2. r. 6. n. 35. p. 350. Emperour . they made divers Ecclesiastical Laws . l. 3. c. 3. r. 5. n. 5. p. 175. Honorius the Emperour made a Law concerning the election of the Pope . l. 3. c. 3. r. 5. n. 5. p. 176. Donatus said , What hath the Emperour to doe with the Church ? ibid. n. 6. p. 176. Boronius affirms those Ecclesiastical Laws were unjust that the Emperour made , an answer to it . ibid. n. 7. p. 176. Pope Gregory the Great submitted to Mauritius the Emperour in an Ecclesiastical Law. l. 3. c. 3. r. 5. n. 7. p. 176. Eusebius Bishop of Samosata yielded to be banished by the Emperour , though the people offered to defend him . l. 3. c. 3. r. 6. n. 2. p. 178. The Archimandrites of Constantinople writing to the Pope , mentioned the Emperour as head of the Church . ibid. n. 19. p. 189. The Emperour hath power over Bishops . ibid. n. 21. p. 190. Emperour is to be obeyed against the will of the Bishop . ibid. n. 22. p. 191. He is to be obeyed against the will of the Bishop in actions that by empire are changed into good or bad respectively . ibid. n. 23. p. 191. The Bishops of Rome destroyed the Roman Empire . l. 3. c. 3. r. 7. n. 4. p. 201. The first Councils were called by the Emperours . ibid. n. 10. p. 204. He had the primacy in eight General Councils . ibid. n. 10. p. 204. The Emperours did dismiss the Councils . l. 3. c. 3. r. 7. n. 11. p. 205. S. Hierome disputing against Ruffinus , disproves a certain Synod , because Ruffinus could not shew what Emperour called it . ibid. n. 11. p. 205. Decrees made by the Emperours concerning matters of Faith. ibid. n. 13 , 14. p. 206. Empire is included in Jurisdiction . l. 3. c. 4. r. 1. n. 5. p. 212. There is no Empire in preaching . ibid. n. 12. p. 217. Never any Canons of the primitive Church did oblige the people , unless established by the Emperour . l. 3. c. 4. r. 5. n. 4. p. 236. Of. S. Ambrose excommunicating Theodosius : Babylas excommunicating the Emperour Decius : Athanasius , the Prefect of Lybia : Chrysostome , the Empress Eudoxia . l. 3. c. 4. r. 7. n. 8 , 9. p. 242. See more in the title King & Prince , &c. Hildebrand did ill to excommunicate the Emperour Henry . l. 3. c. 4. r. 10. n. 12. p. 264. Of Elias his sacrificing to Baal . l. 1. c. 5. r. 8. n. 28. p. 200. & n. 37. p. 205. End. An action receives the denomination of good or bad from the end . l. 4. c. 1. r. 1. n. 1. How the Glory of God is to be reconciled with those other lower ends which we set for our actions . l. 4. c. 2. r. 2. n. 1. How temporal ends are to be subordinate to spiritual . ibid. n. 2. Temporal ends must not fill our affections & keep out better things . ib. n. 2. We may serve inferiour ends so they carry us not beyond due measures . ib. n. 3. All temporal ends must be less principal and subordinate to religion . ib. n. 4. Fines mandati sunt diligenter custodiendi . l. 4. c. 2. r. 3. n. 4. England . There is not article in the faith of the Church of England , but is possible to be effected by the ordinary power of God. l. 1. c. 2. r. 3. n. 50. p. 56. In England no Council is of authority but the first four general Councils . l. 3. c. 4. r. 14. n. 2. p. 283. The Church of England retains in all her Offices but one ceremony , that is not of divine institution or Apostolical . l. 3. c. 4. r. 20. r. 8. p. 327. The reformation made in England by Henry the eighth was never the worse because he proposed to himself ( possibly ) an evil end . l. 3. c. 1. r. 3. n. 5. p. 33. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 2. c. 2. r. 3. n. 53. p. 307 , 317. Equity . Of Equity in interpreting penal Laws . l. 3. c. 6. r. 1. r. 2. p. 399. Of Equity in punishments . l. 3. c. 6. r. 1. n. 16. p. 405. it is to be practised for the ends of charity and justice , not oppression . ibid. r. 2. n. 4. p. 408. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 2. c. 3. r. 13. n. 9. p. 458. Errour . The causes of it . l. 1. c. 3. r. ● . n. 2 , 3. p. 100. The measures of obedience due to an erring Conscience . l. 1. c. 3. r. 2. n. 28. p. 107. If the thing which it commands be indifferent we may follow it without sin . ibid. 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 . ibid. n. 29. p. 108. If an Erring Conscience affirm that which is good or indifferent to be evil , it is no sin to omit that action . ibid. n. 30. p. 108. 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 . ibid. n. 31. p. 108. 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 . ibid. n. 32. How the Error of an abused Conscience must be removed . l. 1. c. 3. r. 7. p. 116. Example . An Example out of the Old Testament is not in all things sufficient warrant for us . l. 2. c. 2. r. 7. n. 26. p. 380. The actions of good men in Scripture are not a competent warrant for our imitation , not only when they are reproved , but even when they are set down without a censure . ibid. n. 27. p. 380. The actions of men in the Old Testament though attested and brought to effect by the providence of God , are not to be made examples alwaies by us . l. 2. c. 2. r. 7. n. 28. p. 381 , & p. 557. Examples in matters of war are ever most dangerous precedents . ibid. n. 31. p. 382. A Law being changed , Examples which were never given in proportion to that Law are not to be imitated . ibid. n. 32. p. 382. Examples are instead of a Rule , when there is none . ibid. n. 40. p. 386. The greatest use of Examples is in the interpretation of Laws , when the letter is equivocal or the Example doubtfull . l. 2. c. 2. r. 7. n. 44. p. 387. what Examples may be safely followed . ibid. n. 47. p. 387. That Example is safe , where we find upon the Action the marke of Gods blessing . ibid. n. 48. p. 387. 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 . ibid. n. 43. p. 386. Evil. Instances of holy and great men that have done evil to the end that good might come of it . l. 1. c. 5. r. 8. n. 28. p. 200. When the Evils are subordinate and relative , the less may be done to prevent the greater . l. 1. c. 5. r. 8. n. 33. p. 203. the natures , causes and measures of Evil. l. 1. c. 5. r. 8. n. 34. p. 204. 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 . l. 1. c. 5. r. 8. n. 37. p. 205. It is falsely said by some , that some things are by God forbidden , because they were before that act of God's unlawful . l. 2. c. 1. r. 1. n. 58. p. 242. of toleration of Evil. l. 2. c. 2. r. 7. n. 11 , 12. p. 376. To have a power of chusing Evil is an imperfection and infelicity . l. 4. c. 1. r. 1. n. 5. p. 441. He does not eschue Evil that does not doe it , but he that chuseth not to doe it . l. 4. c. 1. r. 1. n. 16. p. 445. Everlasting . That word among the Jews does not alwaies fignifie eternal . l. 2. c. 2. r. 1. n. 11. p. 279. Executioner . An Executioner is not to refuse to doe his office , if he know the prisoner unjustly condemned . l. 1. c. 2. r. 8. n. 25. p. 91. & p. 82. n. 7. In what case the Criminal is to be Executioner against himself . l. 3. c. 2. r. 2. p. 63. Exceptio●irmat ●irmat regulam in non exceptis . l. 2. c. 2. r. 6. n. 31. p. 346. Concerning the Excellency of things , and how to be estimated . l. 3. c. 3. r. 6. n. 7. p. 181. Excess , reasons against it . l. 3. c. 2. r. 9. p. 127. Excommunication . Concerning it . l. 3. c. 1. r. 1. n. 19. p. 14. & l. 3. c. 2. r. 2. n. 14 , 15 , 16. p. 63. what are the effects of it . l. 3. c. 4. r. 1. n. 15 , 16. p. 219. See the title Keys , in K. A King cannot be excommunicated . l. 3. c. 4. r. 7. n. 4 , 5. p. 241. the Primitive Bishops never durst think of Excommunicating Kings . l. 3. c. 4. r. 7. n. 7. p. 242. Of S. Ambrose Excommunicating Theodosius : Babylas , the Emperour Decius : Athanasius , the Prefect of Lybia : Chrysostome , the Emperess Eudoxia , &c. l. 3. c. 4. r. 7. n. 8 , 9. p. 242. but the Church may deny the Sacrament to evil Princes . ibid. n. 10. p. 243. Excommunication the greater and the lesser . ibid. r. 8. n. 1. p. 247. Excommunication improperly so called , when we refuse to communicate with one that is not excommunicated . ibid. n. 3. p. 248. this is not warrantable . ib. n. 4. Neither the People or King are to be excommunicated . ib. n. 7. p. 250. In what cases it is lawfull for the people to separate from their Bishops or Priests . l. 3. c. 4. r. 8. n. 9. p. 250. of the lesser Excommunication . ibid. n. 12. p. 251. The Bishop cannot Excommunicate any of the Princes servants without his leave . ibid. n. 14. p. 252. In the lesser Excommunication the internal and spiritual part depends not upon the Princes consent , but the external does . ibid. of the greater Excommunication . l. 3. c. 4. r. 8. n. 18. p. 254. The Bishop in inflicting the greater Excommunication depends not upon the Civil power . ibid. n. 18. p. 254. The reason why the Bishop depends upon the consent of the Civil power in the exercise of the lesser Excommunication & not of the greater ib. n. 19. p. 254. Excommunication for an unjust cause binds not . l. 3. c. 4. r. 9. n. 2. p. 256. for a light cause binds before men but not before God. ibid. n. 3. p. 256. In what cases Excommunication may be inflicted . l. 3. c. 4. r. 9. n. 6. p. 257. It should be the last remedy . l. 3. c. 4. r. 9. n. 7. p. 258. Unlawfull to Excommunicate any man for not paying the fees of Courts . ibid. n. 9. p. 258. Spiritual censures must not be inflicted for temporal causes . ibid. n. 10. p. 259. Excommunication ipso facto in a Law is not to be understood of the greater Excommunication . ibid. n. 11. p. 259. n. 13. p. 260. We may not communicate with those that are justly Excommunicated . l. 3. c. 4. r. 10. p. 261. When the Church excommunicates those that communicate with the excommunicated , she only inflicts the lesser Excommunication , and binds only externally . l. 3. c. 4. r. 10. n. 4. p. 261. The Church by Excommunication intends not to forbid any such entercourse or communion to which we stand preoblig'd by the Law of Nature , God , or the supreme Civil power . l. 3. c. 4. r. 10. n. 5. p. 262. We may lawfully converse with an Excommunicate person . ib. n. 7. p. 263. To what restraint of conversation Excommunication does oblige . ibid. n. 9. p. 263. What usage Excommunicated persons are to have from us . ibid. n. 10. p. 264. What is the design of the Church when she inflicts censures on those that communicate with the excommunicated . ibid. n. 12. p. 264. Hildebrand did ill to Excommunicate the Emperour Henry and his Subjects . ibid. It is dangerous to communicate with those that are Excommunicated . ibid. n. 13. p. 265. F. OF Fables and fictions , whether lawfull . l. 3. c. 2. r. 5. n. 19. p. 94. Fast. In the first ages of the Christian Church they kept their Fasts with liberty . l. 3. c. 4. r. 13. n. 15. p. 280. Fasts observed by the Ancients were divers . l. 3. c. 4. r. 13. n. 17. p. 281. Concerning the weekly Fasts , Saturday and Friday . ibid. n. 23. p. 284. The Rogation Fast and Ember-week . ibid. n. 23. p. 284. & ibid. r. 15. n. 11. p. 294. Fasting , of its necessity and abuse . l. 3. c. 4. r. 17. n. 18. p. 307. It is not to be offered to God for good works , but with them . ibid. The Roman Fasts superstitious . ibid. n. 19. p. 308. The niceties of the Roman Church about Fasting . l. 3. c. 4. r. 17. n. 21. p. 310. In what cases , and what person are tyed to the observation of Ecclesiastical Fasts . l. 3. c. 4. r. 19. n. 4. p. 317. The sick and weak are exempted from the Laws of Fasting . ibid. n. 5. p. 317. Laws of Fasting are sparingly to be impos'd . ibid. n. 7. p. 318. & 322. Needless scruples about fasting . ibid. n. 8. p. 318 , 319. The usefulness of Fasting . ibid. n. 9. p. 321. The Canon Law forbids a fast of two or three days , or that is beyond our strength . ibid. Little use of the Flesh Fast. ibid. n. 10. p. 322. Fish as delicious and luxurious as flesh . ibid. Fasts of many days continuance ought not to be imposed severely . l. 3. c. 4. r. 19. n. 12. p. 322. Unless it be by the Civil power . ibid. n. 13. p. 323. Too much abstinence in Fasting brings sometimes madness . l. 3. c. 4. r. 20. n. 17. p. 336. Of Fasting . l. 2. c. 3. r. 14. n. 55. p. 505. & l. 2. c. 3. r. 8. n. 1 , 2. &c. p. 417. Reasons proving it to be a duty . l. 2. c. 3. r. 8. n. 3. p. 418. Of the manner of its obligation different from other duties . l. 2. c. 3. r. 8. n. 6. p. 419. The words of S. Chrysostome concerning Fasting explained . l. 3. c. 1. r. 1. n. 18. p. 13. Words of S. Basil concerning Fasting explained . ibid. The Ecclesiastical Laws concerning Fasting do not oblige in case of sickness or the like . l. 3. c. 1. r. 2. n. 8. p. 28. The Primitive Church did appoint Fasting days . l. 3. c. 4. r. 4. n. 3. p. 226. Of the Fast of Lent and the weekly Fasting days . l. 3. c. 4. r. 13. n. 4. p. 273. Testimonies of the Fathers shewing that the Church had no Fasts but voluntary . ibid. n. 9. p. 276 , 278. Of breaking Fasting days . l. 3. c. 1. r. 1. n. 18. p. 13. & ibid. n. 29. p. 20. Faith. It is not lawfull to declare those things that are proved out of Scripture by probable arguments to be articles of Faith. l. 3. c. 4. r. 17. n. 10 , 11 , 12. p. 305. The Catholic Church in matters of Faith is a Witness , not a Judge . l. 3. c. 4. r. 21. n. 1. p. 356. Religion and Faith are not within the power of a Father . l. 3. c. 5. r. 4. n. 1. p. 369. The Jews believed God would not punish the sin of the thoughts , unless it were against the Faith. l. 4. c. 1. r. 5. n. 18. p. 500. Faith and reason are not opposite . l. 1. c. 2. r. 3. n. 20. p. 46. What Faith is . ibid. Faith is in other Sciences besides Theologie . ibid. n. 21. Faith it self is an act of reason . ibid. n. 24. p. 47. What , Faith infused by God , is . ibid. n. 25. p. 48. How Faith and Reason serve one another . l. 1. c. 2. r. 3. n. 52. p. 57. The foundation of Faith laid by Christ and his Apostles is plain and easie and hath but a few articles . l. 2. c. 3. r. 14. n. 64. p. 509. The Symbols of Faith in the New Testament are short . l. 2. c. 3. r. 14. n. 65. p. 510. The Apostles baptiz'd Proselytes upon the confession of a very few Articles . ibid. n. 66. p. 511. Justin Martyr affirms , that if any man should even then ( in his times ) live according to the Law of Moses , so that he believes in Jesus Christ crucified , he shall be saved . ibid. n. 67. p. 512. The Primitive Father required the beliefe of a few Articles . l. 2. c. 3. r. 14. n. 67 , 68. p. 512. It was the sense of the first ages , that the Creeds should not be enlarged . ibid. n. 69. p. 513. The Ancient Church in the Creed of Constantinople and Nice added only new explications , no new Articles . ibid. n. 73. p. 515. Every Conclusion drawn from a believed truth is certain but not necessary . ibid. n. 74. p. 515. Many things are necessary to be believed upon the account of obedience more then upon the account of Faith. ibid. n. 76. p. 516. 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 . ibid. n. 83. p. 518. Faith is to be kept even with an Enemy . l. 3. c. 2. r. 5. n. 19. p. 94. but not if the person engaging had not competent power . ibid. n. 19. p. 95. decrees made by the Emperours concerning matters of Faith. l. 3. c. 3. r. 7. n. 14. p. 206. Father . Children ought to obey their Parents or Fathers . l. 3. c. 5. r. 1. n. 1. p. 359. three reasons to enforce the Duty . ibid. n. 1 , 2 , 3. p. 359 , 360. If a Father and Son being partners in a Crime be to endure torment to for●● confession , the Law commands the Son to be tormented first . l. 3. c. 5. r. 1. n. 2. p. 360. Fathers are to us in the place of God. ibid. n. 1. p. 359. Fathers bless their children . l. 3. c. 5. r. 1. n. 3. p. 360. The Curses of Fathers are Ominous . ibid. n. 3. p. 361. A Fable teaching children to obey their Fathers commands . l. 3. c. 5. r. 1. n. 4. p. 361. It is a sin for Children to reject the Counsels or holy precepts which their Fathers give them . ibid. n. 7. p. 362. The power of Fathers over their children . l. 3. c. 5. r. 2. n. 1. p. 364. An instrument of political peace . ib. The Fathers power the fountain of the Royal. ibid. 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 . ibid. n. 2. p. 364. A Father Anger must be such as must have Discipline for his end , not revenge . ibid. n. 3. p. 365. Against a Fathers tyranny there is no remedy but in the civil power . ibid. n. 3. A Father must use moderation in chastising . ibid. Children must maintain their Parents and Fathers . l. 3. c. 5. r. 3. n. 1. p. 366. Maintenance is a part of that honour that is due to Fathers . ib. n. 2. p. 367. A Son is bound to maintain his indigent Father , though the Father be outlaw'd . ibid. The indigent Father is to be relieved rather then the Son. ibid. n. 3. p. 367. The Civil law permits the Father to sell his Son for his necessary support . l. 3. c. 5. r. 3. n. 4. p. 368. And if a Son deny it , the Law ties the Son to maintain his Father during the suit . ibid. n. 5. p. 368. Religion and Faith are not within the Fathers power . ibid. r. 4. n. 1. p. 369. A child is not to be baptiz'd without his Fathers leave . ibid. The religion of the Son must not prejudice the Fathers civil rights . ib. n. 2. A Father hath no authority after his death . l. 3. c. 5. r. 6. n. 1. p. 372. When their Fathers are dead the Sons owe much to the memory of them . l. 3. c. 5. r. 6. n. 2. p. 372. What regard we should have to our dead Fathers . ibid. n. 3. p. 373. The Argument in A. Gellius , that proves we ought not to obey the command of our Fathers , answered . l. 3. c. 5. r. 7. n. 2. p. 374. A Son is not to obey his Father in things impious . ibid. n. 3. p. 375. though the Fathers command may be neglected , his authority must not . ibid. n. 4. p. 375. if the Son transgress the Law by his Fathers command , his punishment is the more easie . ibid. n. 5. Velle non creditur , qui obscquitur imperio Patris aut Domini . ibid. The Authority of Fathers over their children proved , with the measures thereof . l. 3. c. 5. r. 7. n. 4 , 5 , 6 , 7 , 8. p. 375 , & 376. In what case the Son may complain of his Father to the Judge . ib. n. 7. p. 376. It is not lawfull for Sons to enter into a state of religion against their Fathers will. ibid. r. 8. n. 3. p. 378. Thomas Aquinas did . ibid. A Son cannot withdraw himself from under his Fathers Government , and put himself under another . ibid. n. 5. p. 379. it is forbid by the Council of Gangra . ibid. 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 . ibid. n. 6. p. 379. Instances shewing that Sons may not enter into a religious Order without their Fathers leave . ibid. n. 6. p. 380. Charles the Great made a Law against it . ibid. Children sin , that marry against their Fathers will. l. 3. c. 5. r. 8. n. 7. p. 381. the Ancients judged such marriages illegitimate . ibid. n. 8. p. 381. the Law of Nature requires Sons to aske their Fathers leave in marriage . ibid. n. 9. p. 382. Marriage made against the will of the Father were invalid by the civil Law. ib. The Church sometime did excommunicate those that married without the consent of their Fathers or Parents . ibid. n. 11. p. 384. The consent of Fathers or Parents is not essentially necessary to the validity of marriage . l. 3. c. 5. r. 8. n. 14. p. 385. though the consent of the Father or Parents being wanting cannot invalidate the contract , yet it may hinder the possession . ibid. n. 16. p. 387. The Fathers natural power over the Son. ibid. n. 17. p. 388. His political power . ibid. n. 18. p. 389. this later every Commonwealth hath power to extend or streighten . ibid. n. 19. p. 389. Of Exemption from the power of Fathers . ibid. n. 20. p. 390. A Son is never exempted from his Fathers natural power . ibid. Of his political power the Laws determine the measure and period . ibid. The Sons wife is in the Fathers power after marriage . ibid. n. 21. p. 390. If a Son be a Magistrate , the Magistrate is exempted from the Fathers power , but not the Son. ibid. n. 22. p. 391. If a Son enter into holy orders , it quits him not from his duty to his Father . ibid. n. 23. p. 391. A Father cannot hinder the marriage of his children , if they are far gone in love , and he at first promoted it . ibid. n. 27. p. 392. The Civil law puts not Sons under their Mother but their Father . ibid. n. 28. p. 393. Some cases in which a Father ought not to force his children to marry . ibid. n. 33 , 34. p. 396. A man is bound to the duty of maintaining his Father , though he have made a vow of his estate to the Church . l. 3. c. 6. r. 3. n. 14. p. 415. Those that doe to us all the duties of Fathers we are bound to as our Fathers . ibid. n. 24. p. 419. the power that Fathers have over their children , and the reasons of it . l. 2. c. 2. r. 6. n. 65. p. 367. The power of Fathers in inflicting punishments . l. 3. c. 2. r. 6. n. 7. p. 109. The fifth Commandment of honouring our Father and Mother the Jews accounted to the first table . l. 2. c. 2. r. 6. n. 8. p. 329. Fathers of the Church . Of the authority of those Books that were written by the ancient Fathers . l. 3. c. 4. r. 22. n. 4 , 5. p. 355. concerning their judgment in controversies . l. 1. c. 4. r. 10. n. 1. p. 162. they cannot give sufficient authority to a tradition . l. 2. c. 3. r. 14. n. 42. p. 499. the Primitive Fathers required the belief of a few articles . l. 2. c. 3. r. 14. n. 67 , 68. p. 512. Fear . What influence Fear hath upon the morality of our actions . l. 4. c. 1. r. 7. p. 511. In Divine Commandments no fear of temporal evil is an excuse . l. 4. c. 1. r. 7. n. 2. p. 512. what influence Fear hath upon contracts , marriages , &c. ibid. n. 7. p. 514. The Law calls nothing a just fear , but the fear of the greatest evils , as death , &c. ibid. n. 8. p. 514. Whether I am bound to keep my promise , which I make , fearing to lose my life if I deny . ibid. n. 9. p. 515. No reverential Fear can excuse a sin or nullifie a contract . ib. n. 10. p. 515. why Fear hath upon our actions a different influence from other passions , as lust , anger , &c. ibid. Fear is the band of all laws . l. 2. c. 1. r. 3. n. 1. p. 244. even in good men Fear is the instrument of justice . ibid. n. 6. p. 246. Fear the attendant of a guilty conscience . l. 1. c. 1. r. 2. n. 14. p. 19. another Fear there is alwaies joyned with true peace of Conscience . ibid. n. 25. p. 25. It is lawfull to perswade fools and children by Mormo's instead of arguments . l. 1. c. 2. r. 6. n. 19. p. 80. Fear abuses the Conscience into errour . l. 1. c. 3. r. 1. n. 4. p. 100. Of the Fears of a scrupulous Conscience . l. 1. c. 6. r. 5. n. 9. p. 216. Feasts . The Apostles made no laws concerning Feasts , saith Socrates . l. 3. c. 4. r. 13. n. 13. p. 279. of Feasting , and its luxury and due measures . l. 4. c. 1. r. 2. n. 21. p. 465. Of those that permit Drunkenness in their houses at Feasts . ibid. Among the Romans works of necessity and charity were permitted on Festivals . l. 2. c. 2. r. 6. n. 57. p. 363. Fornication . the congress of betrothed persons is not Fornication before God. l. 3. c. 5. r. 8. n. 16. p. 387. Of those Commonwealths that permit fornication and publick stews . l. 1. c. 5. r. 8. n. 17. p. 195. Fines mandati sunt diligenter custodiendi . l. 4. c. 2. r. 3. n. 4. Free-will , and Freedome . Of Free-will . l. 4. c. 1. r. 1. p. 438 , 439. & 447 , 448. It is consequent to the weakness and blindness of our nature . l. 4. c 1. r. 1. n. 5. p. 441. to grant Frr-will does not disparage the grace of God. ibid. n. 6. p. 441. to have a power of chusing evil is an imperfection and inselicity . ibid. n. 5. p. 441. wherein consists that freedome which the death of Christ hath put us into . l. 3. c. 1. r. 1. n. 28. p. 18. The Fifth Commandment of honouring our Father and Mother , the Jews accounted to the first table . l. 2. c. 2. r. 6. p. 8. p. 329. What influence Fraud has upon contracts . l. 4. c. 1. r. 6. n. 22. p. 510. The precepts of Forgiveness and charity are not against executing penal Laws . l. 3. c. 2. r. 1. n. 3. p. 54. It is lawfull to perswade Fooles and children by Mormo's instead of arguments . l. 1. c. 2. r. 6. n. 19. p. 80. G. THE Gallican Church is ruled by those Ecclesiastical Laws that their Kings have made . l. 3. c. 3. r. 5. n. 7. p. 177. Gaming . Rules to be observed in Gaming . l. 4. c. 1. r. 2. n. 32. p. 473. Of Gaming . l. 4. c. 1. r. 2. n. 27. p. 470. Of Gaming-houses and the punishments by some Laws inflicted . ibid. n. 28. p. 470. In what cases Gaming is lawfull . ib. whether it be lawfull to play only to recover ones loss . ibid. n. 34. p. 476. whether it be lawfull to Game when I give away all I win to the poor . ibid. n. 35. p. 476. whether a man has right of possession to what he wins by Gaming . ibid. n. 36. p. 477. not lawfull to Game for money . ibid. n. 37. p. 478. young men should not game . ibid. n. 38. p. 479. Gerson . His mistake . l. 3. c. 4. r. 9. n. 12. p. 259. God. that there is a God , proved by Conscience . l. 1. c. 1. r. 1. n. 4. He rules in our minds by Faith and Conscience ; the difference of those two faculties . ibid. n. 10. p. 5. Justice and Truth are the same in Us and in God. l. 1. c. 2. r. 3. r. 3 n. 38. p. 52. God hath said it , therefore it is true , is the greatest reason in the world . ibid. n. 65. p. 61. to obey God never hath an unavoidable dilemma . l. 1. c 3. r. 3. n. 7. p. 110. It was ill said by those that affirmed that God cannot change the Law of Nature . l. 2. c. 1. r. 1. n. 49. p. 239. Nothing is unlawfull antecedently to Gods Commandment . l. 2. c. 1. r. 1. n. 58. p. 242. Our Duty to God is supreme . l. 2. c. 1. r. 9. n. 12. p. 268. the measures of our Love towards God. l. 2. c. 3. r. 12. n. 1. p. 449. God is to be worshipped by nothing but what himself appointed . l. 2. c. 3. r. 13. n. 7. p. 457. Plato taught that they were not to be suffered in a Commonwealth , that said God was the Author of evil . l. 3. c. 3. r. 4. n. 10. p. 166. The grace of God is not disparaged by the doctrine of Free-will . l. 4. c. 1. r. 1. n. 6. p. 441. In what manner it is to be understood , that a man should make the glory of God the end of every action . l. 4. c. 2. r. 1. n. 3. It is not necessary that all our actions be alwaies actually directed to the glory of God. ibid. n. 4. Rules concerning the directing all our actions to the glory of God. l. 4. c. 2. r. 1. n. 3 , 4 , 5. How the Glory of God is to be reconciled with those other inferior ends which God allows us to propose to our actions . l. 4. c. 2. r. 2. n. 1. whether it be lawfull to serve God for any end less then himself , viz. riches , honour , &c. ibid. n. 5. It is not lawfull to doe a thing for temporal regards with positive neglect of the glory of God. ibid. n. 6. Rules shewing when and how it is lawfull to serve God for temporal ends . ibid. In what sense it is true that God must be served for his own sake . ibid. n. 7. he that loves God above all other things loves him for himself . ib. n. 9. Rules to know when we love God for his own sake . ibid. n. 8 , 9. God is the Fountain of all Laws . l. 2. c. 2. r. 7. n. 1. p. 372. In Gods service a mere negative action does nothing . l. 4. c. 1. r. 1. n. 15. p. 444. Of the morality of those kind of actions . ibid. n. 15 , 16. p. 445. Good. No man can make the measures of Good and evil . l. 1. c. 1. r. 1. n. 20. p. 8. Good and bad is before the act of Conscience . l. 1. c. 2. r. 9. n. 12. p. 98. Such collateral considerations as belong to the goodness or badness of an action . l. 1. c. 4. r. 9. n. 10. p. 160. Instances of Holy persons , that have done evil that good may come of it . l. 1. c. 5. r. 8. n. 28. p. 200. A private evil is not to be done for a private good , but for a publick it may . l. 1. c. 5. r. 8. n. 31. p. 203. an evil in nature may be done for a good in morality . ibid. n. 32. p. 203. 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 . ibid. n. 33. p. 204. all the measures of Good and evil are to be taken by the Law of the Gospel . l. 2. c. 2. r. 7. n. 3. p. 373. 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 otherwise cannot be avoided . ibid. n. 9. p. 375. We must not judge of the goodness of actions by the event . l. 3. c. 3. r. 4. n. 5. p. 162. An action is good or bad by the conformity to the rule , but a man by his own will. l. 4. c. 1. r. 1. n. 1. p. 438. Of that saying , It is lawfull to doe evill that Good may come of it . l. 1. c. 5. r. 8. n. 4 , 20. p. 197. & l. 4. c. 2. r. 1. n. 8. whether the lesser e●●l in respect of the greater hath the nat●●●e of Good. l. 1. ●apsn● r. 8. n. 25. p. 199. Of Godfather● and Godmothers at Baptisme . ●● . 3. c. 4. r. 15. n. 5. p. 289. Gospel . All the measures of good and evil are to be taken by the law of the Gospel . l. 2. c. 2. r. 7. n. 3. p. 373. whatsoever 〈◊〉 ●gainst the Law of the Gospel may no● be permitted directly for the obtaining a greater good , but may for the avoiding a greater evil which otherwise cannot be avoided . l. 2. c. 2. r. 7. n. 9. p. 375. The Commandments of the Gospel are affirmative , and why ? l. 2. c. 3. r. 1. n. 7. p. 390. The Gospel exceeds all other institutions in the manner of its teaching . 〈◊〉 . 3. c. 4. r. 20. n. 8. p. 327. the difference between the Gospel and the Law. 〈◊〉 4. c. 1. r. 1. n. 24. p. 450. Government . Nihil aliu●● est Imperium nisi cura salutis aternae . l. 3. c. 3. r. 7. n. 6. p. 202. the Original of Government . l. 3. c. 1. r. 7. n. 1 , 2. p. 46. In their disputations of Government the Roman and Greek writers modelled their principles to the popular governments they lived under . l. 3. c. 1. r. 7. n. 5. p. 47. no change of Government or alteration of sentence is to be made upon pretence of any secret counsel of God. l. 3. c. 2. r. 1. n. 14. p. 57. H. HEretics and others have falsly pretended divers books to be written by Apostles and Apostolical men . l. 2. c. 3. r. 14. n. 35. p. 492. It is not alwaies lawfull to hear good things and true . l. 1. c. 2. r. 3. n. 67. p. 61. Heart . We must take care that hardness of Heart be not mistaken for peace of Conscience . l. 1. c. 1. r. 2. n. 25. p. 24. the Heart is principally regarded by God in all actions of obedience . l. 2. c. 3. r. 5. n. 2. p. 405. Sin is forbidden in the Heart . l. 2. c. 3. r. 7. n. 1. p. 414. Heathen . The Ceremonies which the Primitive Church borrowed from the Heathen were such as had no relation to doctrine . l. 2. c. 3. r. 19. n. 13. p. 552. Ceremonies ought with great caution to be taken up in imitation of the Heathen . ibid. n. 14. p. 553. In what state Heathens are after death . l. 4. c. 1. r. 5. n. 1. p. 493. Heir . The Heir or Donor is to be eased in doubts , unless it make the gift good for nothing . l. 3. c. 6. r. 1. n. 15. p. 405. Haredem teneri ad poenam , ad quam defunctus fuerat condemnatus . l. 3. c. 2. r. 7. n. 11. p. 121. In what sense that proposition and the contrary are both true . ibid. Of King Hezekiah's breaking the brazen Serpent . l. 3. c. 6. r. 7. n. 3. p. 432. Henry VIII . his reformation in England was never the worse because he proposed to himself possibly an evil end . l. 3. c. 1. r. 3. n. 5. p. 33. Hildebrand did ill in excommunicating the Emperour Henry and his Subjects . l. 3. c. 4. r. 10. n. 12. p. 264. Holy daies . Of the observation of them . l. 2. c. 2. r. 6. n. 55. p. 361. 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 . ibid. Honour . It comprehends maintenance . l. 3. c. 5. r. 3. n. 2. p. 367. of the Honour due to Churchmen . l. 3. c. 3. r. 6. n. 18. p. 187. how it is lawfull to strive for Honour . l. 4. c. 2. r. 2. n. 2. all designs of Honour must be less principal then , and subordinate to , religion . ibid. n. 4. When a thing is disputed by good and learned men on both sides , to doe either is not against publick Honesty . l. 2. c. 2. r. 3. n. 57. p. 309. Reasons why Humility and piety are the best dispositions to the understanding the secrets of the Gospel . l. 1. c. 2. r. 3. n. 57. p. 59. Of Hushai his dealing falsly with Absalom . l. 1. c. 5. r. 8. n. 28 , 30. p. 200 , 202. Hypocrites excuse all their open sins with the pretence of Conscience . l. 1. c. 1. r. 3. n. 1. p. 26. I. OF Jephthah's vow out of the Jewstory . l. 3. c. 3. r. 8. n. 1. p. 208. Of the Custome of bowing at the name of Jesus . l. 3. c. 4. r. 15. n. 4. p. 289. Jews . their religion upon their Sabbaths and feasts . l. 2. c. 2. r. 6. n. 58. p. 363. The Jews in their writings against the Primitive Christians never charged them with worshipping Images . l. 2. c. 2. r. 6. n. 37. p. 351. The Righteousness of the Christians must exceed the Jews . l. 2. c. 3. r. 20. n. 3. p. 555. S. Ignatius his Epistle to the Philippians is supposititious . l. 3. c. 4. r. 13. n. 12. p. 278. Ignorance . it abuses the Conscience into Errour . l. 1. c. 3. r. 1. n. 3. p. 100. of vincible ignorance . l. 4. c. 1. r. 6. n. 9 , 10. p. 505. we cannot be ignorant of things necessary to salvation without sin . l. 4. c. 1. r. 5. n. 1 , 4. p. 493. No man can be innocently ignorant of what all Nations and men believe and publickly profess . l. 4. c. 1. r. 5. n. 3. p. 494. of that which is by several Churches and societies of wise and good men disputed , a man may be innocently ignorant . l. 4. c. 1. r. 5. n. 5. p. 495. A man may not be innocently ignorant of that which is his special duty . ibid. n. 7. p. 495. what is that diligence , after which Ignorance is excusable . l. 4. c. 1. r. 5. n. 11. p. 497. what is probable Ignorance . ibid. r. 12. p. 497. whether is worse , to sin willingly , or by Ignorance . ibid. n. 16. p. 498. Some sins of ignorance worse then some sins of malice . ibid. n. 18. p. 499. What ignorance Antecedent and Concomitant are , and what influence they have upon our actions . l. 4. c. 1. r. 6. n. 2 , 7. p. 500. how long infant ignorance or childishness can excuse , so as their actions shall be reckoned neither to vertue nor vice . l. 4. c. 1. r. 6. n. 4. p. 501. Illusion is hard to be distinguished from Conscience . l. 1. c. 1. r. 3. n. 5. p. 28. Images and Idolatry . The Jews were forbid to make an Image , as a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Law of Idolatry . l. 2. c. 2. r. 3. n. 42. p. 304 , 313. though the making or having an Image were unlawfull to the Jews , yet not to the Christians . l. 2. c. 2. r. 6. n. 11. p. 330. it is not lawfull to worship the true God by an Image . ibid. n. 21. p. 338. Idolatry is a sin against the Law of Nature . ibid. n. 23. p. 338. To worship false gods , and to give divine worship to an Image , is one and the same kind of formal Idolatry . ibid. n. 25. p. 339. S. John was not permitted to give divine worship to an Angel who represented the person of God. ib. n. 27. p. 341. A Definition of Idolaters out of S. Austin . l. 2. c. 2. r. 6. n. 28. p. 343. how an Image can be an idol . ibid. n. 30. p. 344. The difference between an Image and an Idol . ibid. n. 30. p. 345. That which forbad the Jews to make or have Images was no moral Law. ibid. n. 31. p. 347. The worship of Images is against the analogy of the Gospel . ibid. n. 32. p. 348. The Primitive Christians were great haters of Image-worship . l. 2. c. 2. r. 6. n. 33. p. 349. The Council of Eliberis decreed against pictures in Churches . ibid. n. 35. p. 350. 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 . ibid. n. 37. p. 351. In the first part of the Thalmud written about A. D. 200. there is no reproof to Christians for Images : but in the second part written about A. D. 500. they frequently charge it upon them . ibid. The Heathens did not believe their Images to be Gods , and worshipped them with no other but relative worship . l. 2. c. 2. r. 6. n. 38. p. 351. only the ruder part of them . ibid. p. 352. The culpable usage of Images by modern Papists . l. 2. c. 2. r. 6. n. 39. p. 353. The worship of Images never prevailed any where but among a degenerating people . ibid. n. 40. p. 354. The ancient Romans worshipped their Gods 170 years without Images . ibid. Idolatry hindred by Sacrifices . l. 2. c. 3. r. 13. n. 30. p. 476. Of the Imitation of Christ. l. 2. c. 2. r. 7. n. 35. p. 383. Summum ejus esse Imperium , qui ordinario juri derogare valeat . l. 3. c. 3. r. 6. n. 25. p. 192. Impudence often the attendant of an evil Conscience . l. 1. c. 1. r. 2. n. 13. p. 19. Incest . Incest taught by the Devil speaking out of Fire . l. 2. c. 2. r. 3. n. 23. p. 295. the notation of the word . ibid. n. 24. p. 296. A strange case happening at Venice of an incestuous marriage . l. 1 c. 3. r. 8. n. 3. p. 118. Of the word Institutio . l. 2. c. 3. r. 9. n. 4. p. 421. Signs of difference , whereby we may , in a mixt Intention , know which is the principal ingredient . l. 1. c. 2. r. 5. n. 30. p. 71. Indifferent . Things indifferent may be ministeries of religion , but no parts of it . l. 3. c. 4. r. 20. n. 12. p. 331. Actions in their physical capacity are negatively indifferent . l. 4. c. 1. r. 1. n. 14. p. 444. Acts omitted are oftentimes indifferent . ibid. n. 15. p. 444. all acts that pass without any consent of the will are indifferent . ibid. n. 17. p 446. Of Indifferent actions , what are such . ibid. n. 16 , 17. p. 445. No action of the will is indifferent . ib. n. 18. p. 446. Interest renders the Conscience suspected , if it be guided by it . l. 1. c. 1. r. 3. n. 6. p. 29. Interest is sometimes on the side of Truth . ibid. How to discern when it is joined with Truth . ibid. Of Inconsideration . l. 4. c. 1. r. 6. p. 508. Interpretation . Laws that are doubtfull are rightly interpreted by examples . l. 2. c. 2. r. 7. n. 44. p. 387. Rules of the interpretation of Laws by consequence . l. 2. c. 2. r. 7. n. 8. p. 400. When any condition intrinsecal to the duty of an affirmative precept is impossible or cannot be supplied , the duty it self falls without interpretation . l. 2. c. 3. r. 11. n. 15. p. 446. Laws are to be interpreted with respect to the mind of the Lawgiver . l. 3. c. 6. r. 1. n. 1. p. 398. In what sense and manner . ibid. n. 3. p. 399. See more Letter L. word Laws . In interpreting the Commandments of God , we must chuse that sense which most promotes the end of the commandment . l. 3. c. 6. r. 1. n. 10. p. 403. Of the favourable interpretation of Laws . l. 3. c. 6. r. 1. n. 15. p. 405. Of favourable interpretation in inflicting punishments . ibid. n. 16. All good Laws admit interpretation in some cases . ibid. n. 17. In matters of favour and pietie the sense of the Laws is to be extended by interpretation . ibid. n. 18. p. 406. When the Lawgiver interprets his own Law , he does not take off , but remove the obligation . l. 3. c. 6. r. 2. n. 2. p. 408. The power of interpreting Laws must be used with nobleness , not fraud . ibid. n. 4. p. 408. The Laws are not to be bended by interpretation but upon great and just causes . ibid. n. 5. p. 409. The interpretation of Laws made by Judges is nothing of Empire and power . ibid. n. 7. p. 410. Judged cases are the best indication of the meaning of a Law. l. 3. c. 6. r. 6. n. 3. p. 428. In the doubtfull interpretation of Laws , Customes are as good as Laws . ibid. A King is Dominus Legum , and therefore may intervene between Equity and strictness by interpretation . l. 3. c. 6. r. 2. n. 3. p. 408. Judge . A Judge must proceed according to the process of Law , though contrary to his own private Conscience . l. 1. c. 2. r. 8. n. 7. p. 82. A Judge may not proceed upon the evidence of an instrument , which he produced privately , but was not produced in Court. ibid. n. 7. p. 83. what a Judge is to doe in case the evidence upon Oath is contrary to his own private Knowledg . ibid. n. 8. p. 84. A Judge may not doe any public act against his own private Conscience . ibid. n. 9 , 10. p. 85. 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●nities of the Law. ibid. n. 14. p. 86. Concerning the double capacity of a Judge . ibid. n. 24. p. 90. Sententia à Judice non suo lata , nulla est . l. 3. c. 1. r. 3. n. 4. p. 33. The interpretation of Laws made by Judges is nothing of Empire and Power . l. 3. c. 6. r. 2. n. 7. p. 410. Judged cases are the best indication of the meaning of a Law. l. 3. c. 6. r. 6. n. 3. p. 428. The Judges do by their sentences best convey the notice of a custome . ib. Judgment . Three degrees of practical Judgment . l. 1. c. 2. r. 4. n. 1. p. 62. The virtual Judgment , that is a natural inclination passing forth into habit or custom , is not a state of good , by which one is acceptable to God. ibid. n. 6. p. 63. This disposition secures not against temptation . ibid. p. 63. A formal Judgment , that is , delibration of the understanding and choice of the will , is required to the constitution of a right and sure Conscience . ibid. n. 7. p. 64. The Judicial Law of Moses is annulled . l. 2. c. 2. r. 3. n. 1. p. 286. Lex Julis . l. 3. c. 2. r. 7. n. 7. p. 118. Jussio and Mandatum , how distinguished . l. 4. c. 1. r. 2. n. 7. p. 458. Whatsoever is against charity cannot be the effect of Justice . l. 3. c. 2. r. 1. n. 5. p. 54. That saying of Justin Martyr explicated , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 2. c. 2. r. 4. n. 10. p. 322. Jurisdiction . Of the word . l. 3. c. 4. r. 1. n. 5. p. 213. It includes Empire . ib. S. Chrysostom proves the office of a Bishop to be more difficult then that of a King , because it hath no jurisdiction . ibid. n. 7. p. 214. The High priest under the Law of Moses had a proper formal Jurisdiction , which the Christian Church hath not . ibid. n. 8. p. 215. The Apostles did exercise jurisdiction , but it was in an extraordinary and miraculous way . ibid. n. 9. p. 216. The Church hath an analogical Jurisdiction . ibid. n. 11. p. 217. How the power of the Keys differs from proper Jurisdiction . ibid. n. 13. p. 217. There is no Jurisdiction in the power of the Keys . ibid. n. 14. p. 218. To deny the Sacrament to the unworthy is not an act of Jurisdiction but Charity . l. 3. c. 4. r. 7. n. 10. p. 243. Incorporalia sunt individua . Pref. pag. 12. K. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , what it means . l. 3. c. 3. r. 1. n. 5. p. 133. Keys . Of the power of the Keys . l. 3. c. 4. r. 1. n. 11. p. 217. Wherein the power of the Keys differs from proper jurisdiction . ibid. n. 13. p. 217. If they are not rightly used they neither bind nor lose . ibid. There is no jurisdiction in the power of the Keys . ibid. n. 14. p. 219. That power is only a suspension of their own act by Ecclesiastics . ibid. n. 15. p. 219. Kill . The reason why it is lawfull to kill a man in my own defence . l. 1. c. 5. r. 8. n. 38. p. 206. The Commandment that forbids to kill is not broken by the Authors of a just war , nor execution upon Malefactors . l. 3. c. 2. r. 1. n. 18. p. 59. King. The Edicts of Kings are by Gratian put among the Laws of the Church . l. 3. c. 3. r. 5. n. 4. p. 175. The Gallican Church is ruled by those Laws Ecclesiastical that their Kings have made . l. 3. c. 3. r. 5. n. 7. p. 177. Instances to prove that the Ecclesiastics are under the jurisdiction of the Civil or Kingly power . l. 3. c. 3. r. 6. n. 3. p. 179. What is to be done when the command of the King and Bishop enterfere . ibid. n. 26. p. 192. A King that commands to the Guard is to be obeyed before a Bishop that commands to goe to Divine service . ibid. n. 27. p. 193. In external actions the command of the King is to be obeyed before the command of the Church . ibid. The King hath jurisdiction in causes internal and spiritual . ibid. r. 7. n. 2. p. 200. The King is by God appointed to be an Overseer , Governour , Father and Protector over his Church . l. 3. c. 3. r. 7. n. 6. p. 202. The King ought to determine what doctrines are to be taught the people , and what are to be forbidden . ibid. n. 13. p. 205. Every article of Religion that the King allows is not to be accounted a part of the true religion . ib. n. 16. p. 207. The King must govern the Church by Church-men . l. 3. c. 3. r. 8. n. 1 , 2. p. 208. Good Kings use to verifie the judicial acts of the Church . ib. n. 3. p. 208. but freely , not by necessity . ibid. n. 4 , 6. p. 209 , 210. Kings are not bound to execute the Decrees of the Church . l. 3. c. 3. r. 8. n. 5. p. 209. The difference between the Kingly and Ecclesiastical power . l. 3. c. 4. r. 1. n. 1. p. 211. Kings obey the Laws of the Church . l. 3. c. 4. r. 6. n. 1. p. 237. & n. 5. p. 239. The Example of Kings prevails much . l. 3. c. 4. r. 6. n. 4. p. 238. In what manner Kings were bound by the Canons of the Church under the old Testament . ib. n. 6. p. 240. A King cannot be excommunicated . l. 3. c. 4. r. 7. n. 3. p. 241. The Primitive Bishops never durst think of excommunicating Kings . ibid. n. 7. p. 242. The Church may deny the Sacrament to evil Kings . l. 3. c. 4. r. 7. n. 10. p. 243. The King though unworthy must not be denied the Sacrament , if he be instant for it . ibid. A Church-man though an Apostle must be subject to the King. l. 3. c. 3. r. 6. n. 1. p. 178. Penances cannot be inflicted on the King against his will. l. 3. c. 4. r. 7. n. 12. p. 244. Some Kings have received hurt by such Penances . ibid. n. 13. p. 245. Kings may not be publicly reprov'd . ibid. n. 14. p. 245. The old Prophets did , but mere Priests never did reprove Kings . ibid. n. 16. p. 246. How Bishops and Ministers should carry themselves in the reproof of Kings . ibid. n. 18. p. 246. The King nor the people cannot be excommunicated . l. 3. c. 4. r. 8. n. 7. p. 250. 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 . l. 3. c. 6. r. 1. n. 16. p. 405. A King may be either more severe or more gentle then the Law. ib. r. 2. n. 3. p. 408. He is Dominus Legum , and therefore may intervene between Equity and strictness by Interpretation . ibid. S. Chrysostom proves the office of a Bishop is more difficult then that of a King. l. 3. c. 4. r. 1. n. 7. p. 214. Difference between a King and Tyrant . l. 3. c. 1. r. 3. n. 5. p. 34. & l. 3. c. 3. r. 1. n. 1. p. 130. The power of Kings . l. 3. c. 3. r. 1. n. 3. p. 132. Though they have an absolute power , they may not use it . ib. n. 4. p. 132. Their power is absolute in doing right , not in doing wrong ; their power of government is absolute , not their power of possession . ib. n. 5. p. 133. The difference between a King and Lord of the people . ibid. What is Jus Regium ? l. 3. c. 3. r. 1. n. 7. p. 135. A consideration upon the power of Kings as it is described by Samuel . l. 3. c. 3. r. 1. n. 7 , 8. p. 135. Whether Kings are subject to their own Laws . l. 3. c. 3. r. 2. n. 1. p. 138. Kings are not under the directive power of Laws . ibid. n. 2. p. 138. They are not under the fear of their Laws . ibid. n. 5. p. 139. They are obliged by the Laws of God and nature . ibid. n. 6. p. 141. A King may not command his Subjects to fight in an unjust cause . ibid. n. 7. p. 142. Their Laws must not be neglected upon the opinion of every vain person . ibid. n. 8. p. 142. Some Laws bind the Prince . ibid. n. 10. p. 142. Whatsoever the King hath sworn to , obliges him . ibid. n. 13. p. 143. Of the Oath which Kings take . ibid. n. 14. p. 144. Of the Kingly prerogative . ibid. n. 16. p. 145. The King can give pardon to a Criminal condemned . ibid. n. 18. p. 146. Clemency a great vertue in a King. ibid. In what cases a King may pardon a Criminal condemned . ibid. n. 19. p. 147. It is not lawful in any cases to resist the King. l. 3. c. 3. r. 3. n. 1. p. 149. per tot . reg . A King , though wicked , must not be resisted . l. 3. c. 3. r. 3. n. 13. p. 156. A King cannot be supposed to have a desire to destroy his Kingdome . ibid. n. 15. p. 157. A Christian must not seek revenge upon , nor resist his Father or King. ibid. n. 16. p. 158. A King must not , because no subject does , forfeit his right in his estate by his vices . l. 3. c. 3. r. 3. n. 17. p. 159. The King hath no power over his Subjects against Law , so neither the Subject over his King. ibid. Arguments brought to prove the Pope hath power over Kings . l. 3. c. 3. r. 4. n. 4. p. 161. Kings are Governours of religion . ibid. n. 7. p. 163. Attalus in making the State of Rome his Heir , together with the Kingly power bequeathed the power over things sacred . ibid. Religion being the great band of societies must be under the government of the King. l. 3. c. 3. r. 4. n. 8. p. 164. The King without the conduct of religion in many exigencies cannot govern his people . ibid. n. 9. p. 165. If the Priests rule religion , they may be superiour to the King. ib. n. 10. p. 166. Examples of Kings and Princes that have been put out of their thrones by a pretended Ecclesiastical power . ibid. n. 11. p. 166. Ancient Kings would not endure any change in religion . ibid. n. 13. p. 167. Kings are the vicegerents of Christ. ibid. n. 19. p. 170. The Jewish Kings were superiour in power to the Priests in matter of religion . l. 3. c. 3. r. 4. n. 20. p. 173. Christ will call Christian Kings to account for Souls . ibid. n. 21. p. 173. Kings have a Legislative power in the matters of religion . l. 3. c. 3. r. 5. n. 1. p. 174. Kings may compell their Subjects to serve God. ibid. n. 3. p. 174. Those matters are under the power of the King which God hath left under no Commandment , viz. Church-affairs . ibid. n. 4. p. 174. Kinred . The Canon and Civil Law account not the distance of Kinred in the same manner . l. 2. c. 2. r. 3. n. 67. p. 313. those reasons considered which men invent for the restraint of those marriages which God restrains not . ibid. n. 75. p. 315. Know. Every Knowing facultie is the seat of Conscience . l. 1. c. 1. r. 2. n. 4. p. 13. How little certainty there is in humane discourses . l. 1. c. 2. r. 6. n. 7. p. 74. L. Law. IN what sense the mind of the Law-giver is to be the measure of interpretation . l. 3. c. 6. r. 1. n. 3. p. 399. by the reasons and causes of the Law we may judge of the intention of the Lawgiver . ibid. the Law is broken when the words are obeyed , if you violate the end or meaning of it . ibid. n. 4. p. 400. If the intention of the Law be collected but obscurely , the obscure words are rather to be followed then the obscure intention . ibid. n. 5. p. 400. unless it be manifest the words recede from the intention , the Subject is to follow the words . ibid. n. 6. p. 400. Words of Civil and Legal signification in Laws must not signifie according to Grammar , but Law. l. 3. c. 6. r. 1. n. 8. p. 401. That is the meaning of words in the Law , that does the work of the Law. ibid. n. 11. p. 402. 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 . ibid. n. 12. p. 404. Of the favourable sense of Laws . ib. n. 12 , 13 , 14 , 15 , 16. p. 404 , 405. Of the favourable interpretation of Laws in inflicting punishments . ibid. n. 16. p. 405. When a Lawgiver interprets his Law he does not take off the obligation , but remove it . l. 3. c. 6. r. 2. n. 2. p. 408. Rules to know when the obligation of Laws ceaseth upon the change of reason . l. 3. c. 6. r. 3. n. 6. p. 412. How the obligation of a Law may be extended by parity of reason . ibid. n. 26. p. 420. Ratio L●gis non est Lex . ibid. n. 27. p. 420. Laws cannot by interpretation be extended to the time past . ibid. n. 30. p. 422. Cum Lex in praeteritum quid indulget , in futurum vetat . ibid. It is not safe to enquire after the reason of a Law , unless the Law it self declare it . l. 3. c. 6. r. 3. n. 33. p. 422. Of the Abrogation of Laws . ibid. r. 7. p. 431. Difference between Moses Law and the Gospel . l. 4. c. 1. r. 1. n. 24. p. 450. & l. 2. c. 2. r. 5. p. 324. when the authority of Lawyers is to be followed . l. 1. c. 4. r. 10. n. 5. p. 165. The Actions of men living under another Law are not to be measured by Laws of a differing government . l. 1. c. 5. r. 8. n. 30. p. 202. Quod licitum est ex superveniente causa mutatur . l. 2. c. 1. r. 10. n. 5. p. 270. Quod L●ge prohibitoria non vetitum est , permissum esse intelligitur . l. 2. c. 2. r. 3. n. 45. p. 304. Fac Legi tuae sepem . l. 2. c. 2. r. 3. n. 68. p. 313. & supra p. 304. It is a new Law , though old in the letter , if a new degree of duty be required . l. 2. c. 2. r. 4. n. 4. p. 320. To forbid evil and command to doe good cannot be one precept . ibid. n. 8. p. 321. whatsoever is absolutely is certainly Lawfull . l. 2. c. 2. r. 7. n. 21. p. 379. Laws that are doubtfull are rightly interpreted by Example . ibid. n. 44. p. 387. A Lawgiver is not only he who gives Laws , but he that authoritatively expounds them already given . l. 2. c. 3. r. 1. n. 1. p. 389. whatsoever is equivalent to the instance of the Law , is also within its obligation . l. 2. c. 3. r. 3. n. 5. p. 399. whatsoever can certainly and truly be deduced from a Law , does as certainly bind us as the instance that is named . ibid. n. 9. p. 401. The usefulness and original of Laws . l. 3. c. 2. r. 6. n. 1. p. 107. Christians must not go to Law but upon very great cause . ibid. n. 18. p. 115. Neminem Legem sibi dicere posse , à qua , mutata voluntate , nequeat recedere . l. 3. c. 3. r. 6. n. 25. p. 192. All Laws bind either by the natural goodness of the action , or by its subserviencie to something else , or only by the authority . l. 3. c. 4. r. 18. n. 6. p. 314. Laws are either perfect or imperfect . l. 3. c. 5. r. 8. n. 16. p. 388. The meaning of Laws is to be regarded above their words . l. 3. c. 6. r. 1. n. 1. p. 398. Counsels Evangelical cannot be made into Laws . l. 3. c. 4. r. 20. n. 12. p. 330. Laws Divine . The end and Intention of a Law is under the Commandment , as much as the action commanded in order to the end . l. 4. c. 2. r. 3. per tot . Difference between Moses Law and the Gospel . l. 4. c. 1. r. 1. n. 24. p. 450. & l. ● . c. 2. r. 5. n. 4. p. 324. When two Laws are opposite , that which yields is not moral . l. 2. c. 2. r. 6. n. 76. p. 371. He does not alwaies keep a good Conscience who observes only the words of the Divine Law , and neglects the reasons and analogies in like instances . l. 1. c. 1. r. 1. n. 20. p. 8. Some laws of God are such , that they cannot be dispensed with . l. 1. c. 5. r. 8. n. 35. p. 204. Affirmative Laws oblige not when they cross a Negative . ibid. p. 205. The ground and measure of dispensing with affirmative Laws . ibid. That in the Sanction of the Law of God , the reason binds more then the letter . l. 2. c. 1. r. 9. n. 15. p. 268. Tertullian undertakes to find all the moral Law in the first Commandment God gave to Adam . l. 2. c. 2. r. 4. n. 9. p. 321. Gods method in giving of Laws . ibid. n. 10. p. 322. In all contracts of Laws the Spiritual sense or action is to be preferred . l. 2. c. 3. r. 5. n. 9. p. 409. Difference between Laws and Counsels . l. 2. c. 3. r. 12. n. 4. p. 450. the measures and notes of their difference . ibid. n. 10. p. 452. In laws not only the contrary to the duty , but the privative also is a sin . ibid. n. 12. p. 453. Whatsoever Law or precept in Scripture relates wholly to a person , circumstance or time , passes no obligation beyond the limits of that person , circumstance or time . ibid. r. 17. n. 3. p. 541. 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 . l. 2. c. 3. r. 17. n. 4. p. 541. A Law that is merely temporary may be inserted without any mark of difference among other Laws that are perpetual and moral . ibid. n. 5. p. 541. We are free from the curse of the Law by Christ. l. 3. c. 1. r. 1. n. 28. p. 18. We are freed from the Ceremonial Law by Christ. ibid. The Difference of Divine and Humane Laws in their obligation . l. 3. c. 1. r. 1. n. 34. p. 23. The Laws of God in precepts purely affirmative do not oblige to an actual obedience in danger of death . l. 3. c. 1. r. 2. n. 8. p. 27. They that teach any thing is a Law of God which is not , are guilty of teaching the Commandments of men for doctrines . l. 3. c. 4. r. 17. n. 13. p. 305. Laws that are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of duty . l. 3. c. 4. r. 6. n. 4. p. 239. Laws Humane . Of Equity in Penal Laws . l. 3. c. 6. r. 1. n. 2. p. 399. When the words of the Law are ambiguous , unjust or absurd , the mind of the Lawgiver is to be presumed to be free from all evill or vice . ibid. n. 4. p. 399. 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 . l. 3. c. 6. r. 1. n. 12. p. 404. Of the favourable interpretation of Laws in inflicting punishments . l. 3. c. 6. r. 1. n. 16. p. 405. When a Lawgiver interprets his Law , he does not take off the obligation but remove it . l. 3. c. 6. r. 2. n. 2. p. 408. A Prince may be either more severe or more gentle then the Law. ibid. n. 3. The Laws are not to be bended by interpretation , but upon great and just causes . l. 3. c. 6. r. 2. n. 5. p. 409. The Interpretation of Laws made by the Judges is nothing of Empire and power . ibid. n. 7. p. 410. A Law obliges not the Conscience , when its reason wholly ceaseth , or a contrary reason ariseth . l. 3. c. 6. r. 3. n. 1. p. 411. Rules to know when the obligation of Laws ceaseth upon the change of reason . l. 3. c. 6. r. 3. n. 6. p. 412. A Law binds not to an inconvenience greater then is the publick benefit of the Law. ibid. n. 15. p. 416. In what cases the Subject is to consult the Prince about the ceasing obligation of Laws . l. 3. c. 6. r. 3. n. 19. p. 417. Of commutation of Laws . l. 3. c. 6. r. 5. p. 426. A Law may be interpreted by customes . l. 3. c. 6. r. 6. n. 3. p. 428. Judged cases are a good indication of the meaning of a Law. ibid. Humane Laws bind the Conscience . l. 3. c. 1. r. 1. Rules by which may be known , what Humane Laws are intended to bind to a greater sin and what to a less . l. 3. c. 1. r. 1. n. 16. p. 10. Humane Laws bind the Conscience in things otherwise indifferent . l. 3. c. 1. r. 1. n. 13. p. 7. They bind without the intention of the Lawgiver . ibid. n. 14. p. 8. But the intention of the Lawgiver is the measure of their binding . ibid. n. 15. p. 9. Laws sometime made in England professing not to bind the Conscience . ibid. n. 14. p. 9. Of the end and intention of Humane Laws . l. 4. c. 2. r. 3. n. 4. The abuse of a Law does not make it to cease . l. 3. c. 6. r. 7. n. 5. p. 433. No Humane Law is or can be the rule of our obedience . l. 1. c. 1. r. 1. n. 20. p. 8. Humane Laws make not any action intrinsecally evil . l. 1. c. 3. r. 5. n. 6. p. 113. Of tolerating disobedience to Laws . l. 2. c. 2. r. 7. n. 12. p. 376. Humane Laws can exact but the outward action . l. 2. c. 3. r. 5. n. 2. p. 405. Laws of man do limit and declare and make the instances , in which the Laws of God do bind . l. 3. c. 1. r. 1. n. 12. p. 7. The Laws of men bind the Conscience even in materia indifferenti . l. 3. c. 1. r. 1. n. 13. p. 7. Humane Laws are neither derived from the Divine positive Law nor that of nature . l. 3. c. 1. r. 1. n. 13. p. 8. The obligation which Humane Laws pass upon the Conscience depend not upon the intention of the Lawgiver . l. 3. c. 1. r. 1. n. 14. p. 9. A Law that professes not to bind the Conscience is no Law. ibid. Though Humane Laws doe not bind the Conscience by the intention of the Prince , yet God binds them upon the Conscience according to his intention . ibid. n. 15. The Laws of men bind the Conscience properly and directly : not indirectly and by consequence . ibid. n. 15. p. 10. He that breaks a Humane Law established upon great penalties commits a great sin . ibid. n. 16. p. 10. That Rule holds not , where the penaltie serves only for terrour . ibid. Humana Lex non magis gravat Consciencias quam corpora . ibid. How Humane Laws do bind where the matter in it self is great . l. 3. c. 1. r. 1. n. 17. p. 11. Of Laws in themselvs small and trifling , but by the consequence made very considerable . ibid. n. 18. p. 11. 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 . ibid. p. 12. 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 . ibid. n. 18. p. 13. The preceptive or prohibitive words , what they signifie in Humane Laws toward a greater obligation of the Conscience . l. 3. c. 1. r. 1. n. 20. p. 14. However Humane Laws are established , yet Desuetude may take off the band of Conscience . ibid. n. 21. p. 14. The contempt of any Law , be the matter never so trifling , is a very great sin . ibid. n. 22. p. 15. To teach that Humane Laws bind the Conscience , intrenches not upon the power of God. l. 3. c. 1. r. 1. n. 25. p. 16. Humane Laws may lay on us an obligation to observe ceremonies notwithstanding our privilege of Christian Liberty . ibid. n. 28. p. 19. The Difference of Divine and Humane Laws in their obligation . ibid. n. 34. p. 23. Humane Laws bind not the understanding . ibid. n. 35. p. 23. Humane Laws must alwaies yield to Divine where they are opposed . ibid. n. 42. p. 24. Humane Laws that are Defensatives of Divine bind to active obedience too . l. 3. c. 1. r. 2. n. 1. p. 26. An Humane Law made under the penalty of Death , binds to obedience though Death certainly follow . ibid. n. 12. p. 29. When a Tyrant power threatens death to make the obedient Subject contemn the Law , the Subject ought rather to die then disobey the Law. ib. p. 13. p. 29. Concerning breaking Laws to save ones Life . ibid. n. 13. p. 30. Laws that oblige to obedience in danger of death must be in materia gravi . ibid. n. 16. p. 3● . 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 . ibid. n. 17. p. 31. Of Humane-Laws that are unjust , and how many waies they be so . ibid. r. 3. n. 1. p. 32. Humane Laws are unjust , if the matter be incompetent and undue . l. 3. c. 1. r. 3. n. 2. p. 32. Where Humane Laws do oblige with danger of death , they oblige not but to the whole obedience of the Law. ibid. r. 2. n. 17. p. 31. Humane Laws are unjust , when a lawfull power in a competent matter goes beyond its bounds . ibid. r. 3. n. 4. p. 33. All Humane Laws prescribing to the Conscience or setting bounds to the thoughts are null . ibid. Humane Laws are unjust when they do not contribute to the publick good , but wholly to his private good that made the Law. l. 3. c. 1. r. 3. n. 5. p. 33. The right end of Humane Laws is the publick good . ibid. A Law that by the change of affairs becomes contrary to the Common good is not to be observed . l. 3. c. 1. r. 3. n. 6. p. 35. An unjust Law is not to be disobeyed with scandall of others . ibid. n. 10. p. 36. Cautious to be observed in disobeying Humane Laws , that are unjust . ibid. A civil Law cannot evacuate a naturall . l. 3. c. 1. r. 4. n. 3. p. 39. Of the promulgation of Humane Laws . l. 3. c. 1. r. 6. p. 45. The care of sufficient promulgation lies upon the Prince . l. 3. c. 1. r. 6. n. 5. p. 45. Laws have not their binding power by the consent of the people . l. 3. c. 1. r. 7. n. 4 , 5. p. 47. The consent of the people gives no authority to the Law. ibid. n. 6. p. 48. Unreasonable Laws in some instances bind by the acceptation of the people . ibid. n. 9. p. 49. In the Substantial matters of religion the Laws bind out of the Dominions , but not in the Ceremonials of religion . ibid. r. 8. n. 2. p. 50. A Law does oblige beyond the proper territory if it relate to the good or evill of it . l. 3. c. 1. r. 8. n. 5. p. 51. How far strangers are bound by the Laws of the Countrey where they are . ibid. r. 8. n. 7. p. 51. A Sentence set down in the Law in words of the Present or Preter tense , shews the sentence is incurred ipso facto . l. 3. c. 2. r. 2. n. 28. p. 69. What sentence those Laws are to have where the punishment is expressed by the verb Substantive . ibid. n. 29. p. 69. When a Law passes a sentence , which will be invalid , unless its punishment be inflicted before the Judge take Cognisance , then the Offender is condemned ipso facto . ibid. n. 32. p. 71. Of the distinction of Laws . First , purely penal . Secondly , mixed . Thirdly , purely moral . l. 3. c. 2. r. 4. n. 2. p. 79. Kings are not under the Directive power of their own Laws . l. 3. c. 3. r. 2. n. 2. p. 138. The Supreme power is not under the power of the Laws . ibid. n. 5. p. 139. The Laws of Kings are not to be disobeyed upon the Phancy of every vain person , pretending they are unjust . ibid. n. 8. p. 142. Some Laws , and what they are , that bind the Prince . ibid. n. 10. p. 142. Humane Laws can take off from an action or put upon it the formality of sin . l. 3. c. 4. r. 18. n. 2. p. 313. Laws of the Church . God gave power to the Church by their Laws to bind and loose , as Princes have . l. 3. c. 1. r. 1. n. 16. p. 11. A Law that inflicts a Civil and Eclesiastical punishment too , binds to a great sin . ibid. n. 19 p. 14. The Canons of the Pope and Bishops were made into Laws by the Emperour Justinian . l. 3. c. 3. r. 5. n. 4. p. 175. Honorius the Emperour made a Law concerning the election of the Pope . ibid. n. 5. p. 176. The Laws of the Church after they are ratified by the Prince , bind him as the Civil Laws of his own making . l. 3. c. 4. r. 6. n. 2. p. 238. A Custome of the Church binds not against a Law of it . l. 3. c. 4. r. 15. n. 6. p. 290. Laws of the Church must not be perpetual . l. 3. c. 4. r. 17. n. 7. p. 303. An Ecclesiastical Law , by which is taught for Doctrines any Commandments of men is void . l. 3. c. 4. r. 17. n. 13. p. 305. Ecclesiastical Laws cannot take off or put upon an action the formality of sin . l. 3. c. 4. r. 18. n. 2. p. 313 , 314. Laws of the Church must not be made to give offence . l. 3. c. 4. r. 20. n. 9. p. 318. How the Rulers of the Church and the Subject must behave themselves in that case . ibid. Counsels Evangelical cannot be made into Laws . ibid. n. 12. p. 330. Leut. Of Lent and the weekly Fasting days . l. 3. c. 4. r. 13. n. 4. p. 273. Some Fathers affirm the Lent fast is a tradition Apostolical . ibid. n. 5. p. 273. Some others affirm , it is an institution warranted to us from Christ. ibid. n. 7. p. 274. The Lent fast cannot be concluded from the Example of Christ. ibid. n. 8. p. 275. The Original of the Lent fast much later then the Apostles . l. 3. c. 4. r. 13. n. 10. p. 276. The Ancient use of the Lent fast . ibid. p. 277. It was unknown in the Church the three first ages . ibid. n. 12. p. 277. The Lent fast was in order to Easter , therefore could not be more ancient then it . ibid. n. 13. p. 279. In the first ages of the Christian Church , the Fast before Easter lasted but two or three days . ibid. n. 15. p. 280. The word Quadragesima & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 came from the fast of fourty hours held immediately before Easter . ibid. n. 15. p. 281. That word in the Council of Nice does not signifie Lent. ibid. n. 16. p. 281. Lents or Quadragesimal Fasts observed by the Ancients were divers . l. 3. c. 4. r. 13. n. 17 , 18 , 19. p. 282. Divers conjectures about the reason of the word Quadragesim● . ibid. n. 18. p. 282. In what sense S. Hierom calls Lent an Apostolical Institution . ibid. n. 21. p. 283. Some errours of the Roman Church about imposing the Lent fast . l. 3. c. 4. r. 17. n. 15 , 16. p. 306. Bellarmine affirms , they are not Christians that eat Flesh in Lent. ibid. n. 17. p. 306. The Primitive Christians did not abhor flesh in Lent. l. 3. c. 4. r. 17. n. 19. p. 309. Liberty . Libertas omnibus rebus favorabilior . l. 3. c. 6. r. 1. n. 15. p. 405. Christian Liberty , what it is , and wherein it consists . l. 1. c. 4. r. 4. n. 3. p. 145. & ●l . 3. p. 4 , 17. It is not Liberty from sin . l. 3. c. 1. n. 5. p. 4. By Christian Liberty there is nothing gotten to us before men , but before God there is . l. 3. c. 1. r. 1. n. 28. p. 17. We are free from the curse of the Law by Christ. ibid. p. 18. Wherein consists that Liberty which Christs death hath put us in . ibid. We are freed from the Ceremonial Law by Christ. ibid. Christian Liberty at first mistaken . l. 3. c. 1. r. 1. n. 28. p. 19. & pag. 4. Liberty of Conscience how far it should be permitted by the Supreme power . l. 3. c. 3. r. 4. n. 15. p. 169. Of Christian Libertie in relation to whole Societies . l. 3. c. 4. r. 17. n. 2. p. 302. Jus trium liberorum , what it was . l. 3. c. 1. r. 1. n. 37. p. 23. Lie. It is lawfull to tell a harmeless Lie to save the life of a gallant brave man. l. 1. c. 5. r. 8. n. 28. p. 201. The Essence of a Lie does not consist in its difference from the eternal truth . l. 3. c. 2. r. 5. n. 4. p. 83. Melanchthon in his definition of a Lie , includes the hurting of ones Neighbour . ibid. Of the Egyptians deceived by the Jews of their Jewels by a Lie. ibid. n. 7. p. 84. It is lawfull to tell a Lie to children or madmen for their benefit . ibid. n. 8. A Physitian may lawfully tell a ly to some kind of Patients . ibid. 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 . l. 3. c. 2. r. 5. n. 10. p. 85. Of the Lie told by the Egyptian Midwives . ibid. It is lawfull to doe otherwise then we promised , if the doing be better then the saying . ibid. n. 15. p. 91. It is not lawfull to tell a lie to save ones fame . l. 3. c. 2. r. 5. n. 16. p. 91. The Romanists give leave to tell a Lie to save ones reputation . ibid. p. 92. That Doctrine proved false . ibid. n. 17. p. 92. Synesius tells a Lie , to refuse a Bishoprick . ibid. n. 18. p. 93. In a just wat it is lawfull to deceive the Enemy , but not to Lie. ibid. n. 19. p. 93. It is not lawfull to deceive the Enemy when we are in treaty with him . ibid. p. 94. To use Stratagems is not to Lie. ibid. p. 95. A Lie that serves charity must not be against Justice . l. 3. c. 2. r. 5. n. 23. p. 97. If a man speak a downright Lie , he can hardly be innocent . l. 3. c. 2. r. 5. n. 50. p. 106. Of the Lord Mayor of London his slaying Wat Tiler . l. 3. c. 2. r. 6. n. 9. p. 111. The use of the word Loose . l. 3. c. 4. r. 10. n. 10. p. 264. Lord. What is the power of a Lord. l. 3. c. 3. r. 1. n. 5. p. 134. A King is not Lord over his people . ibid. Lords supper . Of the Institution of the Lords supper . l. 2. c. 3. r. 9. n. 1. p. 420. The authority of Justin Martyr against Communion in one kind . ibid. n. 7. p. 422. The Manichees who abstained from wine , mixing themselves among the faithfull , were discovered by their refusing wine in the Sacrament . ibid. n. 16. p. 426. P. Gelasius condemned those who abstained from the consecrated chalice . ibid. n. 17. p. 426. The time when the Chalice was first withheld from the Communicants . ibid. n. 20. p. 427. Against Communion in one kind . l. 2. c. 3. r. 17. n. 6. p. 543. & n. 7. p. 544. The Apostles taught the Bishops and Priests to consecrate the bread and wine , before they did communicate . l. 3. c. 4. r. 12. n. 2. p. 269. That none but the Bishop or Priest could consecrate , is an Apostolical Canon . ibid. n. 6. p. 271. Of keeping the Lords day . l. 3. c. 4. r. 17. n. 24. p. 311. Love. He that Loves God above all other things , loves him for his own sake . l. 4. c. 2. r. 2. n. 9. The measures of Love towards God. l. 2. c. 3. r. 12. n. 1. p. 449. M. A Mad-man in his madness may be punished for those Crimes he did when he was in health , if to the punishment no judicial process be required . l. 4. c. 1. r. 4. n. 8. p. 491. Mandatum & Jussio how distinguished . l. 4. c. 1. r. 2. n. 7. p. 458. Magistrate . The Civill Magistrate may punish the thoughts of the heart , though they never proceed to action . l. 3. c. 1. r. 5. n. 6. p. 42 The Original of Magistracy . l. 3. c. 1. r. 7. n. 1 , 2. p. 46. It is an ordinance of God. l. 3. c. 2. r. 1. n. 2. p. 53. If the Son be a Magistrate , the Magistrate is exempted from the Fathers power , but not the Son. l. 3. c. 5. r. 8. n. 22. p. 391. Marriage . Marriage of Bishops and Priests . l. 3. c. 4. r. 20. n. 15. p. 332. Aeneas Sylvius , Panormitan and Cassander , were against it . ibid. n. 16. p. 332. Writers of the Roman Church against it . ibid. p. 333. It is an intolerable burden . ibid. n. 17. p. 333. The Nicene Council is against it . ibid. p. 334. The great difficultie some holy men found in the obeying that Law. ibid. n. 17. p. 335. Of Marriage . l. 2. c. 3. r. 5. n. 6. p. 408. Contract and Congress do effect as well as signifie a marriage . l. 3. c. 1. r. 4. n. 1. p. 38. 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 . l. 3. c. 4. r. 11. n. 4. p. 267. To forbear marriage is not a means of preserving Chastity . l. 3. c. 4. r. 20. n. 17. p. 336. Is not in every mans power . ibid. n. 17. p. 337. It does no good at all , is no service of God. ibid. n. 18. p. 338. Virginity is not more holy then chast Marriage . l. 3. c. 4. r. 20. n. 19. p. 338. Spiridion a Bishop was married . ibid. n. 19. p. 339. So was the Bishop of Nazianzum . ibid. A comparison between the Married and unmarried life . ibid. n. 20. p. 339. Marriage does not hinder the service of God. ibid. p. 340. The Roman Senate forbad their Souldiers to marry . ibid. p. 341. Christ and his Apostles left it free for Priests to marry . ibid. n. 21. p. 341. The practice of the ancient Church is for it . ibid. n. 22. p. 342. It was permitted to the Clergy the first 400 years . ibid. n. 23. p. 342. The Priests in France refused to put away their wives at the Legates perswasion . ibid. Not forbidden in England till A. D. 1100. ibid. When the Church did allow marriage to Priests she did forbid it after Ordination . l. 3. c. 4. r. 20. n. 24. p. 343. The Greek and Eastern Churches did oblige their Priests to single life , if they were ordained in that state . ibid. n. 26. p. 344. They were permitted by the Ancient Church to marry after Ordination . ibid. n. 27. p. 344. The practice of the Latin Church about the Marriage of their Priests . ibid. n. 28. p. 346. Gregory Nazianzen had Sons born to him after he was consecrated Bishop . ibid. p. 347. They annexed a vow of Continence to holy Orders . ibid. n. 29. p. 347. Concerning the second marriages of Priests . l. 3. c. 4. r. 20. n. 29. p. 348. The Church of Rome does without scruple frequently ordain those that have been twice married if they will pay the mulct . Ex Spalatens . ibid. n. 29. p. 349. Children may not marry without their Parents consent . l. 3. c. 5. r. 8. n. 7. p. 381. Isaac did not marry without his Fathers leave , though God had design'd the Marriage . ibid. n. 8. p. 382. Marriages against the Parents consent the Civil and Canon Law pronounce invalid . ibid. n. 9 , 10. p. 383. The Church did sometime anathematize those that married without their Parents consent . ibid. n. 11. p. 384. It is reason a Son should be left at liberty in nothing more then in Marriage . l. 3. c. 5. r. 8. n. 13. p. 384. When Sons and Daughters are of competent years and have the use of reason , they can of themselves contract marriage . ibid. n. 14. p. 385. The Council of Trent declares all clandestine Marriages null . l. 2. c. 1. r. 5. n. 4. p. 253. The Church of Rome does ill to give leave to either of the persons married to break their vow , and enter into a religious house . ibid. n. 5. p. 253. Every Error Persona does not annual Marriage . l. 2. c. 1. r. 7. n. 2. p. 260. Of the prohibition of Marriage in certain degrees . l. 2. c. 2. r. 3. n. 17. p. 292. The Persian Magi were begotten of the Mother and the Son. ib. n. 23. p. 295. Of the Marriage of Mothers in Law and their husbands children . ibid. n. 29. p. 299. God hath not forbid to marry our kinred , but only the nearest of our flesh ; Propinquos , not Cognatos . ibid. n. 38. p. 303. Impari Cognationis gradu par & idem jus statuatur , A rule of the Law about Marriage . ibid. n. 48. p. 305. The Marriage of Parents and children forbidden by Christ. ibid. r. 56. p. 308. The Marriage of Slaves against the consent of their Lords is valid according to the Civil Law. l. 3. c. 5. r. 8. n. 14. p. 386. The full effect of Marriages made against the Parents consent . ibid. n. 16. p. 387. Three things in Marriage , one of which is in the power of the Contractors , the other of the Domestic or Civil Ruler , the third under the power of the Church . ibid. A Betrothed woman is in Scripture stilled a wise before Marriage , and her falshood punished like adultery . ibid. n. 16. p. 387. The Law makes such marriages as are made without the consent of Parents civilly null only , not naturally void . l. 3. c. 5. r. 8. n. 16. p. 388. A Father cannot force his children to marry whom and when he will. ibid. n. 31. p. 395. Some cases in which a Father ought not to force his Son to marry . ibid. n. 33 , 34. p. 396. What Men may teach to be done . l. 3. c. 4. r. 17. n. 9. p. 304. The Manichees who abstained from wine , mixing themselves among the Orthodox , were discovered by their refusing the Chalice in the H. Eucharist . l. 2. c. 3. r. 9. n. 16. p. 426. Ministers . Of the maintenance of Ministers under the Gospel . l. 2. c. 3. r. 3. n. 4. p. 398. Of their wearing Surplices . l. 3. c. 4. r. 15. n. 8. p. 291. It is lawfull to enter into the Ministry with actual design to make that calling the means of our necessary support , with reasons proving it . l. 1. c. 2. r. 5. n. 7. p. 65. but the principal end must be the glory of God , with reasons . ibid. n. 11. p. 66. It is not lawfull to forsake the Ministry without Gods permission , because it is not lawfull to enter into it without the Divine vocation . l. 1. c. 2. r. 5. n. 21. p. 68. Mind . The Mind furnished with a holy rule and guided by it , is Conscience . l. 1. c. 1. r. 1. n. 8. Distraction of mind the effect of a guilty and troubled Conscience . l. 1. c. 1. r. 2. n. 13. p. 19. Of Contracts made with Minors . l. 2. c. 1. r. 5. n. 3. p. 252. & l. 3. c. 1. r. 4. n. 2 , 3. p. 39. Of the Miracles which Christ did . l. 1. c. 4. r. 2. n. 14. p. 128. Custome cannot abrogate a Law under a Monarchie . l. 3. c. 6. r. 6. n. 6. p. 430. Money . Majori summae negative prolatae , minorem nec naturaliter nec civiliter inesse . l. 3. c. 2. r. 5. n. 14. p. 90. In summis ambiguis , semper quod minus est promitti videtur . l. 3. c. 6. r. 1. n. 13. p. 404. Mauritius the Emperour made a Law that no Souldier should turn Monk without his leave , and forced the Pope to own it . l. 3. c. 3. r. 5. n. 7. p. 176. Moses , Mosaical . The great sanction of the Law of Moses was fear of punishment , for it consisted almost all of Negatives . l. 2. c. 3. r. 1. n. 4. p. 390. Evangelical duties expressed in words borrowed from Mosaical rites , determined with the rites to which they are annexed . l. 2. c. 3. r. 15. n. 2 , 3 , 4. p. 519 , 520. Reasons shewing that the Law of Moses required the Introduction of a better Law. l. 2. c. 2. r. 1. n. 1 , 2. p. 277. In what sense the Law of Moses was an everlasting Covenant . ibid. n. 11. p. 279. Reasons proving the actual abrogation of Moses Law. ibid. n. 13. p. 280. What part of Moses Law was annulled by Christ. l. 2. c. 2. r. 2. n. 1. p. 280. The Law of Moses was a collection of the best of those Laws by which the world was governed before his time . l. 2. c. 2. r. 3. n. 36. p. 302. The Law of Moses obliged not the Heathen . ibid. The Law of Moses was made , say the Jews , two thousand years before the Creation . ib. r. 4. n. 1. p. 318. Moral , When two Laws are opposite , that which yields is not Moral . l. 2. c. 2. r. 6. n. 76. p. 371. Whatsoever duty in Scripture is commanded to all mankind , is either Moral in its nature or by adoption . ibid. n. 77. p. 372. A Moral Demonstration , what it is . l. 1. c. 4. r. 2. n. 5. p. 123. The advantages of Moral Demonstration above close arguing in some Questions . l. 1. c. 4. r. 2. n. 8. p. 124. What is required in a Moral Demonstration to assure our Conscience . ibid. n. 34. p. 141. When an action is forbidden only for a reason that is transient , and that hath in it no essential , natural rectitude , that prohibition is not moral or natural , but for a time or positive . l. 2. c. 2. r. 6. n. 23. p. 338. What was for temporary reasons established , is not Moral , cannot pass an eternal obligation . ibid. n. 44. p. 356. How to discern between precepts Moral and not Moral in the Laws of God. ibid. n. 65. p. 367. A precept is not Moral if no reason can be given of it . ibid. n. 66. p. 368. The Consequents of natural reason are no indication of a Moral Commandment . ibid. n. 67. p. 368. A Law that invades the right of nature is not alwaies the breach of a Moral Commandment . ibid. n. 68. p. 369. Every consonancy to natural reason is not the sufficient proof of a Moral precept . ibid. n. 69. When God gives a Law and adds a reason , though the reason be it self eternal , it is not alwaies the indication of a Moral Law. ibid. n. 70. p. 370. When God in the old Testament did threaten the Heathen or punish them for any fact , we cannot conclude it was against the Moral Law. l. 2. c. 2. r. 6. n. 71. p. 370. All the instances of a Moral precept are not Moral , as the Chief duty . ibid. n. 72. p. 370. The strong and violent perswasion of any single person of or in some Communities of men does not sufficiently prove a precept is Moral . ibid. n. 73. p. 370. The consonant practices of the Heathen is not alwaies an argument of a Moral duty . ibid. n. 74. p. 371. The annexed penaltie of death imposed by God does not prove the Law to be Moral . ibid. n. 75. p. 371. The power of Mothers over their children . l. 3. c. 5. r. 8. n. 28. p. 393. Of crimes ●●●mitted by a Multitude , how subject ●●ey are to punishment . ● . 3. c. 2. r. 7. n. 13 , 14. p. 123. Murther . Of those that assist at Murthers either by co●●sel or company . l. 4. c. 1. r. 2. n. 23. p. 467. Of ●usick in the Church . l. 3. c. 4. r. 20. n. 11. p. 329. N. O● changin● and disguising Names . ● . 3. c. 2. r. 5. n. 41. p. 103. Nations . Of 〈◊〉 consent of Nations . l. 2. c. 1. r. 1. n. 15. p. 225. Of the universal customs of Nations . ibid. n. 15 , 16 , 17. p. 226. The divers custom of Nations . ●bid . n. 22. p. 228. The Law of Nat●●ns cannot be the measure of war. l. 2. ● . 2. r. 7. n. 19. p. 378. Of what use the ●greement or consen● o● Nations can be 〈◊〉 prove a propositio● . l. 2. c. ● . r. 19. n. 15. p. 554. Na●●re . Law of Nature , why the Christian Law commands some things contrary to it . l. 1. ● . 2. r. 3. n. 31. p. 50. The difference between Jus naturae and Lex naturae . l. 2. c. 1. r. 1. n. 2. p. 221. Aristotle's opinion of the Law of Nature : he was not constant to himself in it . ibid. n. 3. p. 221. The Law of Nature is not the Law of all the world absolutely . ibid. n. 4. p. 222. Nature makes no Laws but only prepares them . ibid. n. 8. p. 223. It is no indication of a Law of Nature , that a thing is common to men and beasts . ibid. n. 10. p. 224. It is not possible to collect the Laws of Nature out of the customs of Nations . ibid. n. 21 , 22. p. 228. How the precepts of the Law of Nature were made Laws and promulgated . ibid. n. 40. p. 235. There is no other System of the particular Laws of Nature , but the Moral Law and Gospel . ibid. n. 42. p. 236. The Laws of Nature variously enumerated by divers . ibid. n. 46. p. 237. All the instances of the Law of Nature are not so lasting and unalterable as the prime precepts are . ibid. n. 48. p. 238. It was ill said , that God cannot change the Law of Nature . ibid. n. 49. p. 239. The Law of Nature cannot be abrogated , but it may be derogated . l. 2. c. 1. r. 1. n. 53. p. 241. Every proposition pretended to be of the Natural Law , is not a Law , but a rule . ibid. n. 54. p. 241. Some instances of the Law of Nature have been changed . ibid. n. 55. When any thing of the Law of Nature is twisted with the Right of Nature , the civil constitution cannot disannul it . ibid. r. 5. n. 13. p. 255. Of the greatness of Sins against Nature . l. 2. c. 1. r. 6. n. 1. p. 258. If any Prophet or Angel from Heaven shall teach any thing contrary to a Natural Law , he is not to be heard . l. 2. c. 1. r. 9. n. 16. p. 269. Whatsoever is forbidden by the Law of Nature cannot be permitted by the Civil . l. 2. c. 1. r. 10. n. 3. p. 270. Whatsoever is commanded by the Law of Nature cannot be forbidden by the Civil . ibid. n. 4. Wherein the Civil Law can change the Natural Law. ibid. n. 7. p. 271. The Pope hath no power to dispense with the Law of Nature . ibid. n. 9. p. 272. To live according to Nature hath two meanings . l. 2. c. 2. r. 4. n. 10. p. 322. A Law that invades the right of Nature is not alwaies the breach of a Moral Commandment . l. 2. c. 2. r. 6. n. 68. p. 369. The Consequents of Natural Reason are no indications of a moral Commandment . ibid. n. 67. p. 368. Every consonancy to Natural Reason is not sufficient proof of a Moral Law. ibid. n. 69. p. 369. The Law of Nature cannot have the conduct of War. l. 2. c. 2. r. 7. n. 16. p. 377. The propositions we can learn from the dictates of Nature are but a few . l. 2. c. 3. r. 19. n. 15. p. 554. A Civil Law cannot evacuate a Natural . l. 3. c. 1. r. 4. n. 3. p. 39. In Laws declarative of Natural right , the obligation extends to all things of equal reason , though they be not mentioned in the Law. l. 3. c. 6. r. 3. n. 24. p. 419. Necessary . Whatsoever is absolutely necessary , is certainly lawfull . l. 2. c. 2. r. 7. n. 21. p. 379. That which is necessary to be done , is not against any mans duty . l. 3. c. 2. r. 1. n. 10. p. 56. Several degrees of necessity . l. 3. c. 4. r. 4. n. 17. p. 231. In our enquiry after things necessary , we must not rest till our work be done . l 4. c. 1. r. 5. n. 8. p. 496. Negative . Why all Commandments ●●t one are negative . l. 2. c. 3. r. 1. n. 3. p. 389. ad negationem non semper sequitur affirmatio oppositi . ibid. n. 9. p. 392. affirmative duties follow from the negative not in contraries but contradictories . ibid. From a negative duty an affirmative is not alwaies inferred in a particular instance . ibid. n. 11. p. 392. negative precepts oblige semper & ad semper , affirmative semper , but not ad semper . n. 13. p. 393 , & 522. n. 2. of the concluding negative precepts from affirmative , and è contra . l. 2. c. 3. r. 1. per tot . a negative precept cannot be lessened by an affirmative . l. 2. c. 3. r. 2. n. 2. p. 395. negative precepts have no degrees of obedience , but consist in a Mathematical point . l. 2. c. 3. r. 11. n. 17. p. 447. what is the force of negative arguments from Scripture . l. 2. c. 3. r. 14. n. 45. & seq . p. 501. A mere negative does nothing in Gods service . l. r. 1. 4. c. 1. n. 15. p. 444. Of negative Commandments . l. 4. c. 1. r. 7. n. 3. p. 512. Of the morality of negative actions . l. 4. c. 1. r. 1. n. 15 , 16. p. 445. Dissoluta Negligentia propè dolum est . l. 3. c. 1. r. 1. n. 40. p. 24. Of the marriage of Nicces and Uncles . l. 2. c. 2. r. 3. n. 30. p. 299. Nóu●s . l. 1. c. 2. r. 3. n. 20. p. 46. Nullities do not commence from the sentence of the Judge , but from the existence of the action . l. 3. c. 2. r. 2. n. 22. p. 67. Nummus and Numisma the Etymon of them . l. 3. c. 2. r. 8. n. 2. p. 124. Nuptiae nefariae , incestae & damnatae . l. 2. c. 2. r. 3. n. 24. p. 296. O. Orders , Ordination . WHether they that enter into H. Orders ought principally to design the glory of God , so that if they doe not , it is unlawfull to doe it . l. 1. c. 2. r. 5. n. 5. p. 65. Who does actually enter into H. Orders must take care that his principal end be the work of God. ib. n. 11. p. 66. Rules concerning the intention of those that enter into H. Orders . ib. n. 17. p. 67. Priests were forbid to marry after Ordination . l. 3. c. 4. r. 20. n. 24. p. 343. By the ancient Church they were permitted to marry after Ordination . ibid. n. 27. p. 344. The Greek Priests , after the Synod in Trullo , had allowed them two years probation after their Ordination , to try whether they could abstain from marriage or no. ibid. n. 27. p. 345. Gregory Nazianzen used marriage after he was consecrated Bishop . ibid. n. 28. p. 347. A vow of continence was not annexed to H. Orders . l. 3. c. 4. r. 20. n. 29. p. 347. The Church of Rome does frequently without scruple ordain those that have been twice married , if they will pay the mulct . ex Spaluens . ibid. p. 349. To enter into H. Orders quits not the Son from his duty to his Father . l. 3. c. 5. r. 8. n. 23. p. 391. How far Obedience to our Superiours can lessen a crime . l. 4. c. 1. r. 2. n. 7. p. 459. Obedience is due to them to whom tribute is due . l. 3. c. 2. r. 8. n. 1. p. 124. One is more then all the numbers in the world . l. 2. c. 2. r. 7. n. 1. p. 372. Sins of Omission are less then Sins of Commission . l. 2. c. 3. r. 1. n. 12. p. 393. Old age unfit for repentance . l. 2. c. 3. r. 16. n. 23. p. 530. Otths. Of those a King takes at his Coronation . l. 3. c. 3. r. 2. n. 14. p. 144. of Oaths taken in the Universities . l. 3. c. 4. r. 15. n. 6. p. 290. he that is bound by an Oath imposed must interpret the Obligation according to the intention of the Imposer . l. 3. c. 4. r. 28. n. 7. p. 358. concerning the Oath taken in the Universities , not to teach Logick any where but there . l. 3. c. 6. r. 3. n. 8. p. 413. what knowledg is necessary to the taking an Oath . l. 4. c. 1. r. 5. n. 15. p. 498. The Homilies on Leviticus under the name of Origen , are not his , nor of any authority . l. 3. c. 4. r. 13. n. 12. p. 278. Semper in Obscuris , quod minimum est sequimur . l. 3. c. 6. r. 1. n. 12. p. 404. In those places where it is a custom to pay Oblations at the baptizing of a child , the Minister is Simoniacal if he refuse to baptize the child till he be secured of his money . l. 3. c. 4. r. 15. n. 10. p. 293. Of extending the Obligation of Laws . l. 3. c. 6. r. 3. n. 24 , 25 , 26 , 27. pag. 420. Non posse prascribi contra Obedientiam . l. 3. c. 6. r. 6. n. 4. p. 429. what influence Oblivion can have upon the morality of actions . l. 4. c. 1. r. 6. n. 20. p. 509. P. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 2. c. 3. r. 14. n. 16. p. 484. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Socrates by it does not mean Easter , but Good-friday . l. 3. c. 4. r. 13. n. 13. p. 279. Peace . Peace of Conscience , the signs of it . l. 1. c. 1. r. 2. n. 25. p. 24. That Peace of Conscience cannot be true , which wicked men have . ibid. True Peace of Conscience relies not upon the opinions of men . ibid. n. 25. p. 25. Religion is a good instrument of Political happiness and Peace . l. 3. c. 3. r. 4. n. 8. p. 164. 165. An expedient for the attaining Peace of Conscience in Scruples concerning the controverted articles and disputes of Christendome . l. 4. c. 1. n. 10. p. 443. Parents . Children ought to obey their Parents . l. 3. c. 5. r. 1. n. 1. p. 359. Reasons to prove it necessary . ibid. n. 1 , 2 , 3. p. 359. It is a kind of Atheisme to disobey Parents . ibid. Children must honour and reverence their Parents . l. 3. c. 5. r. 1. n. 6. p. 362. S. Pelagia after her conversion lived in mans habit to her death , to avoid temptation . l. 3. c. 1. r. 1. n. 18. p. 12. The Church remembers her on October 8. ibid. p. 13. Penal , Penalties , Punishment . concerning doing good out of fear of punishment . l. 2. c. 1. r. 3. n. 3. p. 245. Penal Laws are not cassated by the precepts of charity and forgiveness . l. 3. c. 2. r. 1. n. 3. p. 54. A man may inflict punishment on himself . l. 2. c. 3. r. 2. n. 9. p. 61. He that breaks a Humane Law established on great Penalties commits a great Sin. l. 3. c. 1. r. 1. n. 16. p. 10. That rule holds not where the punishment serves only for terrour . ibid. In Punishments Corporal , the Law does not proceed without the sentence of the Judge . l. 3. c. 2. r. 2. n. 17. p. 64. When Punishments are principally medicinal the Conscience is bound to a voluntary execution of the Sentence . ibid. n. 19. p. 66. In Poenis benignior interpretatio est facienda . ibid. n. 31. p. 71. Penal sentences expressed in words that signifie the time past or indefinite are to be expounded in the most favourable sense to the offender , that is , oblige not to Punishment before the sentence . ibid. Punishment does not satisfie the Law. ibid. r. 4. n. 3. p. 80. Omnis Poena si justa est , peccati Poena est . S. August . ibid. n. 5. p. 80. the use of the word Poena . ibid. n. 7. p. 81. Two ca●●s wherein Laws oblige to punishment but not to guilt . ibid. n. 7 , 8. p. 81. It is not lawful to sollicit the Magistrate to Punish the Malefactor out of a love of revenge . l. 3. c. 2. r. 6. n. 15. p. 114. but it is lawful to doe so to prevent a future intolerable evil . l. 3. c. 2. r. 6. n. 16. p. 114. of Punishing one for the offence of another . l. 3. c. 2. r. 7. n. 1. p. 117. Nemo fiat deterior per quem melior factus non est . ibid. n. 11. p. 121. Nunquam unus pro altero Poena corporis puniri potest . ibid. Penances cannot be imposed upon the King without his consent . l. 3. c. 4. r. 7. n. 12. p. 244. of the favourable interpretation of Laws in inflicting punishments . l. 3. c. 6. r. 1. n. 16. p. 405. Penal Laws bind not by the extension of their reason . l. 3. c. 6. r. 3. n. 25. p. 419. In Poenis non arguimus ad similia . ib. how far the actions of mad-men are punishable . l. 4. c. 1. r. 4. n. 5 , 6. p. 491. People . The Supreme Legislative power is not the servant of the people . l. 3. c. 1. r. 1. n. 11. p. 6. The consent of the people gives no authority to the Law. l. 3. c. 1. r. 7. n. 8. p. 48. The Masters of Politicks whom we now follow framed their Principles according to the popular governments they then lived under . l. 3. c. 1. r. 7. n. 5. p. 47. The refusal of the greater part of the people takes not off the obligation of a Law. ibid. n. 9. p. 49. Neither the people nor King are to be excommunicated . l. 3. c. 4. r. 8. n. 7. p. 250. Caret Peccato , quod ex duobus minus est . l. 3. c. 2. r. 5. n. 13. p. 88. The Persian feast called vitiorum interitus . l. 2. c. 3. r. 16. n. 13. p. 525. Whatsoever concerns a moral duty , and was delivered to a single person , obliges all . l. 2. c. 3. r. 17. n. 6. p. 542. Pepin King of France . The case of Pepin taking the Crown of France by force from Chilperic , A. D. 750. l. 3. c. 3. r. 4 , n. 4. 5. p. 162. the Judgment of God upon his posterity . ibid. n. 5. Notorius Percussor Clerici , is ipso jure excommunicate . l. 3. c. 2. r. 2. n. 21. p. 66. Mistaken Philosophy ought not to be urged as reason , in examining mysteries . l. 1. c. 2. r. 3. n. 51. p. 57. the heart religion hath received by it . l. 1. c. 2. r. 3. n. 7. p. 42. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. 1. c. 2. r. 3. n. 20. p. 46. Polygamy unlawfull . l. 2. c. 3. r. 3. n. 7. p. 400. Pope . The Pope hath not power to dispense with the Law of Nature . l. 2. c. 1. r. 10. n. 9. p. 272. concerning the Popes power of dispensing with the positive Laws of Jesus Christ. l. 2. c. 3. r. 11. n. 6 , 7. p. 442. that the Epistles of the Popes were very many of them false . l. 2. c. 3. r. 14. n. 34. p. 491. The Schoolmen of the Roman party affirm that he hath power to enlarge the Creed , by inserting new articles . l. 2. c. 3. r. 14. n. 79. p. 517. The arguments that usually are brought to prove the Pope hath power over Kings . l. 3. c. 3. r. 4. n. 4. p. 161. the Canons of the Pope and Bishops received the authority of Laws from the Emperour . l. 3. c. 3. r. 5. n. 4. p. 175. Honorius the Emperour made a Law concerning the election of the Pope . ibid. n. 5. p. 176. Pope Gregory the Great submitted to Mauritius the Emperour . ibid. n. 7. p. 176. Spiritual persons have no temporal power . ibid. r. 6. n. 19. p. 188. The Pope disobeyed in France and Germany . l. 3. c. 4. r. 10. n. 23. p. 342. The Pope did not well to dispense with the Cistertians for paying tythes . l. 3. c. 6. r. 4. n. 6. p. 425. Politic , Political . The Masters of Politicks whom we now follow , because they lived under popular Governments , squared their principles to such governments . l. 3. c. 1. r. 7. n. 5. p. 47. Religion is a great instrument of Political happiness . l. 3. c. 3. r. 4. n. 8. p. 164 , 165. Supreme Power , Prince . Princes must not lie for the interests of Government . l. 3. c. 2. r. 5. n. 22. p. 96. In all Governments there must be a supreme Power . l. 3. c. 3. r. 1. n. 1. p. 130. Whether a Prince may put to death a guilty person privately by poison or strangling , &c. l. 3. c. 2. r. 6. n. 11. p. 111. The supreme Legislative Power is not the Servant of the people . l. 3. c. 1. r. 1. n. 11. p. 6. There is in all States sometime a necessity of setting up a supreme , absoluta Potestas . l. 3. c. 3. r. 1. n. 2. p. 131. The supreme Power is much less then a Lordship over the Subjects . l. 3. c. 3. r. 1. n. 5. p. 134. It must usurp no mans right . ib. n. 6. It is from God. l. 3. c. 3. r. 3. n. 1. p. 149. The supreme Power is defective without the government of religion . l. 3. c. 3. r. 4. n. 8. p. 164 , 165. The inconvenience of setting up two supreme Powers , one temporal , the other spiritual . l. 3. c. 3. r. 7. n. 2 , 3. p. 200. They that rule religion may make themselves superiour to the supreme Power . l. 3. c. 3. r. 4. n. 10. p. 166. Anciently the Priesthood was in the same hands as the supreme Power . l. 3. c. 3. r. 4. n. 16. p. 169. The unlawfull Proclamations of a true Prince may be published by the Clergy in their several charges . l. 3. c. 4. r. 7. n. 10. p. 243. The supreme Power cannot forbid an action that is under a divine Commandment . l. 3. c. 4. r. 10. n. 6. p. 262. The supreme secular Power ought to determine what doctrines shall be taught the people . l. 3. c. 3. r. 7. n. 13. p. 205. Power . Ecclesiastical Power differs much from the Civil . l. 3. c. 3. r. 4. n. 19. p. 171. The Power of the Keys . vide K. Spiritual persons have no temporal Power . l. 3. c. 3. r. 6. n. 19. p. 188. That which hath a direct Power is to be obeyed before that which hath an indirect Power . ibid. n. 27. p. 193. Priest. A Priest may not refuse to communicate him whom he knows to be unworthily absolved . l. 1. c. 2. r. 8. n. 7. p. 83. A Priest , if by hearing the Confession of a Criminal he learn the guilt of another Criminal , may not upon the account of this private information deny absolution to this latter Criminal . l. 1. c. 2. r. 8. n. 10. p. 83. The Priests if they rule religion may make themselves superiour to the supreme power . l. 3. c. 3. r. 4. n. 10. p. 166. The Priesthood and Supreme power were anciently vested in the same person . l. 3. c. 3. r. 4. n. 16. p. 169. Priests were forbid to marry after Ordination . l. 3. c. 4. r. 20. n. 24. p. 343. Of the Marriage of Priests . See more M. voce Marriage . The Greek and Eastern Churches did oblige their Priests to single life , if they were ordained in that estate . ibid. n. 26. p. 344. Priests were permitted by the ancient Church to marry after ordination . ibid. n. 27. p. 344. The practice of the Latine Church about the marriage of their Priests . l. 3. c. 4. r. 20. n. 28. p. 346. The Greek Priests had two years probation allowed to them after their ordination , to try whether they could forbear marriage . ibid. n. 27. p. 345. concerning the second marriage of Priests . ibid. n. 29. p. 348. Tiberius was less observant of religion , because his opinion sav●●red much of Predestination . l. 3. c. 3. r. 4. n. 10. p. 166. To Praise an evil action , how far sinfull . l. 4. c. 1. r. 2. n. 9. p. 460. Almost every word of the Lords Prayer was taken from the writings of Pious men of the Jewish nation . l. 2. c. 3. r. 15. n. 1. p. 519. Private . A Private evil is not to be done for a Private Good , but for a publick it may . l. 1. c. 5. r. 8. n. 31. p. 203. Private persons may not be executioners of the sentence of death . l. 3. c. 2. r. 6. n. 3. p. 107. but it was permitted in some cases by the Law of Moses . ibid. In desert places , where no Law is in force but that of Nature , a private person may be Judge and Executioner too . l. 3. c. 2. r. 6. n. 4. p. 108. They may where the Law has passed sentence and given leave . ibid. n. 8. p. 109. Private persons that kill Offenders , though they are quitted by the Law , are not quitted in Conscience . ibid. n. 9. p. 110. the measures of publick Interest are not to be esteemed by Private measures . l. 1. c. 5. r. 8. n. 31. p. 203. Promise . A threatning , in all Laws , leaves a greater obligation then a Promise . l. 2. c. 3. r. 2. n. 2. p. 396. The Rules of Extention or diminution of Promises are the same as of Laws . l. 3. c. 6. r. 3. n. 32. p. 422. Precept . The positive Precepts of Christ , in respect of the inward duty , bind all persons in all time even to present action . l. 2. c. 3. r. 16. n. 3. p. 522. Particular Precepts of Christ bind , if they are affirmative and in special times and certain occasions . ibid. n. 5. p. 522. Universal affirmative precepts bind in all times and on all occasions . ibid. n. 6. p. 523. Whatsoever precept concerns every one by the nature of the thing , though delivered to a few persons , concerns all . l. 2. c. 3. r. 17. n. 6. p. 543. When the Universal Church does suppose her self bound by any preceptive words , though they were directed to particular persons , yet they are to be understood of universal concernment . l. 2. c. 3. r. 17. n. 7. p. 544. When a precept is addressed to a particular person , and yet hath a more full and better meaning if extended to the whole Church , then its obligation is upon all . ibid. n. 8. p. 544. When any precept is personally addressed , & yet is enforced with the threatning of eternal death , it is of universal concernment . ibid. n. 9. p. 545. Whatsoever precept concerns a moral duty , though delivered to a single person , obliges all . ibid. n. 6. p. 542. Presumption . There are two kinds , first , of Justice ; second , of Caution . l. 3. c. 1. r. 4. n. 2. p. 38. An Humane Law founded upon a false presumption obliges not the conscience . l. 3. c. 1. r. 4. p. 37. but not so if it be a presumption of caution . ibid. n. 2. p. 38. Laws , first , of favour relying upon a false presumption oblige not the Conscience ; but Laws , secondly , of duty doe . l. 3. c. 1. r. 4. n. 4. p. 39. Promulgation . Of promulgation of Laws . l. 3. c. 1. r. 6. p. 45. A Contract made before the promulgation of a Law , but not performed till after , binds not . l. 3. c. 1. r. 6. n. 6. p. 45. Prudentia distinguished from Conscientia . l. 1. c. 1. r. 1. n. 26. p. 10. Prejudice or Passion , Phancy and affection , error and illusion , are sometime mistaken for Conscience . l. 1. c. 1. r. 3. n. 1. p. 27. How to know when one of these usurps the office of Conscience . l. 1. c. 1. r. 3. n. 3. p. 27. Concerning the authority of a Probable Doctor . l. 1. c. 4. r. 5. n. 12. p. 149. Pupill . If a Pupill in his minority make a contract with an adult to his own ruine , it is void . l. 2. c. 1. r. 5. n. 17. p. 256. if to his advantage it is valid . ibid. n. 18. p. ead . It is as great a sin to teach for necessary doctrines the prohibitions of men , as their injunctions . l. 2. c. 3. r. 13. n. 20. p. 463. No man can prescribe to truth . l. 2. c. 3. r. 19. n. 1. p. 549. Preaching . There is an Empire in Preaching . l. 3. c. 4. r. 1. n. 12. p. 217. The supreme secular power ought to determine what doctrines shall be taught the people , and what not . l. 3. c. 3. r. 7. n. 13. p. 205. Prison . One may escape from prison , if he can , though he stand condemned to die . l. 3. c. 2. r. 3. n. 2 , 3. p. 72. A guilty prisoner may not say , Not guilty , when he is justly interrogated . l. 3. c. 2. r. 5. n. 14. p. 89. The case of the Kingdom of Portugal , desiring the consecration of Bishops from Rome . l. 3. c. 3. r. 6. n. 28. p. 195. what is the Principal , and what the Accessory . l. 3. c. 4. r. 4 n. 6. p. 227. Privileges or Concessions made to the Church by the King , may by him be recalled . ibid. r. 6. n. 3. p. 238. Of the use of singing Psalms in the Church . l. 3. c. 4. r. 20. n. 11. p. 329. All designs of Profit or Pleasure must be subordinate to religion . l. 4. c. 2. r. 2. n. 4. Q. QVadragesima or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Council of Nice signifies not Lent. l. 3. c. 4. r. 13. n. 17. p. 281. whence that word is taken . ibid. n. 16. p. 281. Quadragesima or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used to signifie Fasts longer or shorter then 40 daies . ibid. n. 17. p. 282. Divers conjectures about the reason of the word Quadragesima . ibid. n. 18. p. 282. R. Ratihabition . HOw Ratihabition contracts guilt . l. 4. c. 1. r. 2. n. 3. p. 456. Ratihabition does not render guilty in Foro humano . l. 4. c. 1. r. 2. n. 4. p. 457. Reason . A weak reason is to be preferred before a long prevailing custome . l. 2. c. 3. r. 19. n. 3. p. 549. Of what use it may be in religion . l. 1. c. 2. r. 3. n. 8. p. 42. It is denied in religion by Papists and Enthusiasts . ibid. n. 17 , 18. p. 45. Faith and it are not opposite . ibid. n. 20. p. 46. We embrace all religion by reason . ibid. n. 24. p. 47. Faith is an act of Reason . ibid. Right reason is not the affirmative measure of things divine . l. 1. c. 2. r. 3. n. 27. p. 48. & n. 31. p. 50. The reason of man is a right Judge if it be rightly informed . ibid. n. 30. p. 50. Right reason is not the same in all constitutions of affairs . ibid. Right reason is the negative measure of every article of Faith. ibid. n. 33. p. 51. What things reason can discern to be certainly true or false . l. 1. c. 2. r. 3. n. 47. p. 55. Our reason cannot discover the effects of all the power of God , but when they are revealed can consent to them . ibid. What is impossible or absurd to reason cannot be an article of Faith. ibid. n. 48. p. 55. Mistaken Philosophy ought not to be urged for reason in questions of Religion . ibid. n. 51. p. 57. How reason and Faith serve one the other . ibid. n. 52. p. 57. It is a lawfull argument to prove a thing is against the word of God , because it is against reason . ibid. n. 54. p. 58. Though natural reason cannot teach us the things of God , yet Reason illuminated can . ibid. n. 56. p. 59. It is ratiocination that is fallible , not reason . ibid. n. 64. p. 61. In what manner reason is the measure of religion . ibid. n. 66. p. 61. Reason is not the same alwaies . l. 1. c. 2. r. 6. n. 7. p. 75. Infallible reasons are not to be required in moral actions to guide our selves by . l. 1. c. 4. r. 1. n. 1. p. 120. The same reason will not serve all states of men . l. 1. c. 4. r. 2. n. 34. p. 142. Rules of prudence are not to be urged against reason and strict discourses . ibid. n. 40. p. 143. Reason is not a meet indication of the Laws of nature . l. 2. c. 1. r. 1. n. 30. p. 230. & l. 2. c. 3. r. 13. n. 28. p. 467. The uncertainty of reason . l. 2. c. 1. r. 1. n. 31. p. 231. The Consequents of natural reason are no indication of a moral Commandment . l. 2. c. 2. r. 6. n. 67. p. 368. Right reason cannot be the rule of war. l. 2. c. 2. r. 7. n. 18. p. 377. Ratio Legis non est Lex , sed quod ratione constituitur . l. 3. c. 6. r. 3. n. 27. p. 420. Rebellion . Rebellion against a lawful Prince is not lawfull in any case . l. 3. c. 3. r. 3. per tot . p. 149. The Primitive Christians when most sharply prosecuted did never rebell . l. 3. c. 3. r. 3. n. 8. p. 153. Natural reason forbids rebellion . ibid. n. 11. p. 156. Of Rebellion . l. 2. c. 2. r. 7. n. 23. p. 379. Recreations . Rules of conducting them . l. 4. c. 1. r. 2. n. 32. p. 473. Of Atilius Regulus sent from Carthage to Rome to get an exchange of prisoners . l. 3. c. 2. r. 7. n. 2. p. 117. Relative . If the Relative be under the Commandment , then also the Correlative is . l. 2. c. 3. r. 3. n. 6. p. 399. The Relative and Correlative are to be judged of by the same reason of the Law , when the reason equally concerns them , though only one be named . l. 3. c. 6. r. 3. n. 29. p. 421. Religion . In the substantial matters of religion the Laws of the Country bind out of the Dominions , but not in the ritual duties . l. 3. c. 1. r. 8. n. 2. p. 59. Religion is the great instrument of Political happiness . l. 3. c. 3. r. 4. n. 8. p. 164. Numa to establish his government first settled religion Livy , ibid. n. 9. p. 165. They that rule religion are supreme to the King. ibid. n. 10. p. 166. Such propositions of religion as have great influence on government . ib. Religion hath influence on persons as well as actions . ibid. n. 11. p. 166. Ancient governments would not endure any change in religion . ibid. n. 13. p. 167. It was not in ancient times lawfull to dispute the religion of the Country . ibid. n. 14. p. 168. Change of religion brings great trouble . ibid. How far it concerns the supreme power to tolerate libertie of Religion . ibid. n. 15. p. 169. Kings have a Legislative power in matters of Religion . l. 3. c. 3. r. 5. n. 3. p. 174. Religion and Piety cannot cross one another . l. 3. c. 5. r. 8. n. 3. p. 378. The hurt Religion hath received by the mixture of erroneous philosophy . l. 1. c. 2. r. 3. n. 7. p. 42. Of what use reason is in religion . l. 1. c. 2. r. 3. n. 8. p. 42. & p. 61. we embrace all religion by reason . ibid. n. 24. p. 47. All temporal designs must be subordinate to religion . l. 4. c. 2. r. n. 4. Renunciatio sui juris per poenitentiam revocari non potest . l. 3. c. 2. r. 5. n. 19. p. 95. The Canon and Civil Law differ in their account of Rapes . l. 3. c. 5. r. 8. n. 16. p. 387. Causes of Repetition are to be favoured more then causes of gain . l. 3. c. 6. r. 1. n. 15. p. 405. Repentance . To defer repentance proceeds from evil principles and causes . l. 2. c. 3. r. 16. n. 24. p. 531. It is against the voice and intention of Scripture . ibid. n. 25. p. 532. The danger of deferring repentance . ibid. p. 533. Delaying repentance may turn to final impenitence . ibid. n. 26. p. 534. The example of the Thief upon the Cross no argument against it . ibid. n. 27. p. 535. To defer repentance is not consistent with any Christian grace . ibid. n. 28. p. 535. All the while repentance is delayed a man is the object of the Divine Anger . ibid. n. 29. p. 536. God hath appointed no time but present for repentance . ibid. n. 31. p. 536. Reasons why our repentance for any one sin should not be limited to one time or act . ibid. n. 34. p. 538. The measures of repentance . ibid. n. 35. p. 538. A man is not bound to weep for his sin as oft as he thinks of it . ibid. n. 36. p. 539. Repentance must not be put off from hodie , and must continue every day in a proportionable measure . ib. n. 37. p. 539. Repentance is a penal duty : it is an act of repentance to inflict punishment upon ones self . l. 3. c. 2. r. 2. n. 6. p. 61. Of the measure of that sorrow that is required in repentance . l. 2. c. 3. r. 10. n. 8. p. 434. Of death-bed repentance . l. 2. c. 3. r. 16. n. 9. p. 523. The doctrine of the Church of Rome concerning the time of repentance . ibid. n. 10. p. 524. Their doctrine of the time of repentance destroys holy life . ibid. n. 13. p. 525. Repentance must not be deferred after the sin once committed . ibid. n. 15. p. 526. Repentance being deferred increases the sin . ibid. n. 17 , 18. p. 527. He that deferrs his repentance resists the grace of God , and despises his goodness . ibid. n. 19. p. 528. He that deferrs repentance leaves the affection to sin unmortified . ibid. n. 22. p. 530. Old men are more unfit for repentance . ibid. n. 23. p. 530. The state of sickness unfit for repentance . ibid. as he that deferrs taking physick if he be sick , encreases his disease . ibid. Synesius denied the article of the Resurrection , and some other , in dissimulation , to wave a Bishoprick . l. 3. c. 2. r. 5. n. 18. p. 93. Reservations . Mental reservations are not lawfull . l. 3. c. 2. r. 5. n. 26. p. 98. It is lawfull to use them in some cases to divert the cruelty of tyrants . ibid. n. 29. p. 99. Conditional reservations are lawfull . ibid. n. 30. p. 99. When words contain a double sense , the not explicating in what sense I speak , is no lie . ibid. n. 32. p. 100. Revenge . It is not lawfull to pursue a mans revenge , no not by the hand of Justice . l. 3. c. 2. r. 6. n. 15. p. 114. It is lawfull to require of the Magistrate to punish him that is injurious to me , if I fear a future intolerable evil from him . ibid. n. 16. p. 114. What is meant by Rights in the Law of Nature . l. 2. c. 1. r. 10. n. 5. p. 270. Wherein the Mosaick Righteousness differs from the Christian. l. 4. c. 1. r. 1. n. 24. p. 450. Rites . The rites which the primitive Church did borrow from the heathen were such as had no relation to doctrine . l. 2. c. 3. r. 19. n. 13. p. 552. In the substantial matters of religion the Laws of the Country bind out of the Dominions , but not in the ritual duties . l. 3. c. 1. r. 8. n. 2. p. 50. The use of Tradition in rituals . l. 2. c. 3. r. 14. n. 19. p. 486. Rome , Roman . Many of the rites of the Roman Church are derived from the customs of the Heathen . l. 2. c. 3. r. 19. n. 12. p. 552. Those Ceremonies which the Primitive Church did borrow from the Heathen had no affinitie to Doctrine . ibid. n. 13. p. 552. The Canons of the Bishop of Rome oblige only his own subjects . l. 3. c. 4. r. 16. n. 1. p. 298. It is impossible they should all oblige , because of their contrariety to one another . ibid. n. 2. That Bishop is not a Law-giver to Christendom , nor superiour to other Bishops . ibid. n. 5. p. 299. Instances wherein the Roman Church does advance some of her own Commandments above those of God. l. 3. c. 4. r. 17. n. 16 , 17 , 18. p. 306 , 307. There were two Bishops of Rome together in the time of S. Peter . l. 2. c. 3. r. 11. n. 12. p. 444. The Doctrine of the Church of Rome concerning the time of Repentance . l. 2. c. 3. r. 16. n. 10. p. 524 , 525. The Roman Church for 600 years taught and practised the communicating of Infants , and the contrary for other 600 years . l. 2. c. 3. r. 14. n. 39. p. 497. Rule . If there be no rule , we must look for examples . l. 2. c. 2. r. 7. n. 23. p. 386. Rule of Conscience is never the less one for the great difference of cases contradictorily determined . l. 1. c. 1. r. 5. n. 3. p. 33. Of the use of philosophical rules in Moral Theology . Pref. pag. 12. Of serving God for Reward . l. 2. c. 1. r. 4. n. 3. p. 248. S. Sabbath . For what ends the Sabbath was instituted . l. 2. c. 2. r. 6. n. 43. p. 356. Of the Jewish Sabbath and the Lords day . ibid. At the first the Primitive Christians kept both the Jewish Sabbath and the Christian. ibid. n. 50. p. 358. The Lords day did not succeed in the place of the Sabbath . ibid. n. 51. p. 359. What is moral in the fourth Commandment . ibid. The Primitive Christians affirm the fourth Commandment is no part of the moral Law. ibid. n. 53. p. 361. What honour Christ and his Apostles did to the first day of the week . ibid. n. 56. p. 362. How we are to celebrate the Christian Sabbath . ibid. n. 57. p. 363. In the Command of the Sabbath to distinguish the Rest from the religion of the day . l. 2. c. 2. r. 6. n. 46. p. 357. & n. 58. p. 364. The Rest of the Sabbath was not moral , because it was broken upon many occasions . ibid. n. 58. p. 364. How the Primitive Christians kept the Lords day . ibid. n. 59. p. 364. Whatsoever duty is in Scripture imposed on all mankind , is either in its own nature moral or by adoption . ibid. n. 77. p. 371. The Lords day cannot be changed , because it is an order Apostolical . l. 3. c. 4. r. 13. n. 1. p. 273. Some trifling rules of the Rabbins concerning the observing the Sabbath & other feast-days . l. 3. c. 4. r. 17. n. 14. p. 306. The Commandment of the Jewish Sabbath is not moral . l. 2. c. 3. r. 17. n. 5. p. 542. Reasons why the Maccabees did innocently break the Sabbath , but the Sons of Eleazar could not lawfully yield to those that would force them to tast Swines flesh . l. 3. c. 1. r. 2. n. 13. p. 29. Sacrifices . They could not be taught by the Law of Nature . l. 2. c. 3. r. 13. n. 29. p. 469. Reasons why God introduced the Law of Sacrifices . ibid. n. 30. p. 470. Sacrifices commanded to the Jews to prevent Idolatry . ibid. Sacrifices were penal duties . l. 3. c. 2. r. 2. n. 5. p. 60. That Spiritual persons should not be exempt from Secular Jurisdiction . l. 2. c. 2. r. 6. n. 67. p. 368. The Original of the sect of Saducees . l. 2. c. 1. r. 4. n. 3. p. 248. Sacrament . To deny the Sacrament to the unworthy is not an act of jurisdiction but charity . l. 3. c. 4. r. 7. n. 10. p. 243. The Apostles institutions concerning the Sacrament oblige all Christendom . l. 3. c. 4. r. 12. n. 1. p. 269. When and in what cases it is lawfull to chuse the safer side in any question of choice between two actions . l. 1. c. 5. r. 5. n. 2. p. 181. Scandal . Of Scandal . l. 3. c. 1. r. 1. n. 18. p. 11 , 12. & p. 233. An humane Law that is unjust is not to be obeyed with scandal of others . l. 3. c. 1. r. 3. n. 10. p. 36. Scripture . Of the Interpretation of it . l. 1. c. 2. r. 3. n. 50. p. 56. In the interpreting Scripture the ordinary way caeteris paribus is to be preferred before the extraordinary . ibid. A moral Demonstration cannot assure the Conscience against Scripture . l. 1. c. 2. r. 4. n. 36. p. 142. The H. Scripture is the entire guide of our Consciences . l. 2. c. 1. r. 9. n. 17. p. 269. Whatsoever duty in Scripture is imposed on all mankind , is either in its own nature Moral or by adoption . l. 2. c. 2. r. 6. n. 77. p. 371. The H. Scriptures contain the whole will of God. l. 2. c. 3. r. 14. n. 2. p. 473. The first ages of the Church did appeal to Scripture in all their questions . ibid. n. 3. p. 473. The primitive Doctors did confute all heresies from Scripture . ib. n. 6. p. 476. They did reject all articles of faith or rules of manners that were not in , nor could be proved from Scripture . ibid. n. 9. p. 478. They did esteem the H. Scriptures a sufficient and perfect rule of faith and manners . l. 2. c. 3. r. 14. n. 10. p. 479. That argument , Scripture is not perfect without tradition , because tradition teaches us that Scripture is the word of God , considered and answered . ibid. n. 14. p. 483. Nothing is necessary either to be believed or done , unless it be in Scripture ibid. n. 47. p. 501. A negative argument from Scripture is not good , if the contrary affirmative can be drawn by consequence from any part of it . ibid. n. 48. p. 502. A negative argument from Scripture does not conclude in Qu. of fact . ibid. n. 51. p. 504. A negative argument out of Scripture consisting in a single word or expression cannot be consequently deduced to deny the mysterie signified in that word . ibid. n. 49. p. 503. A negative argument from Scripture is sufficient to prove an article not to be necessary of belief , but not sufficient to prove it to be true . ibid. n. 50. p. 503. Whatsoever is not forbidden in Scripture directly or by consequence , is lawful : and if not commanded , not necessary . ibid. n. 53. p. 504. A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 negative out of Scripture is not good . ibid. n. 57. p. 506. Scripture may lawfully be quoted to a sense besides its first meaning , if the analogy will bear it . l. 1. c. 2. r. 6. n. 8. p. 75. Scruple . Of Scruple of Conscience . l. 1. c. 6. r. 1. p. 209 , 210. The right course in case of scruple is to proceed to action . l. 1. c. 6. r. 2. n. 1. p. 211. Against a doubting Conscience a man may not act , but against a scrupulous he may . ibid. n. 2. p. 211. Remedies against scruples of Conscience . l. 1. c. 6. r. 5. n. 2. p. 215. Advices to the scrupulous . ibid. n. 9. p. 216. Let the scrupulous man divert his fears upon greater sins . ibid. n. 11. p. 217. He should avoid all excess in mortification and corporal austerities . ibid. n. 12. p. 217. What is true in the Sciences may be false in Law. Pref. pag. 12. Secret. Humane Laws bind the Conscience in secret as well as in publick . l. 3. c. 1. r. 5. n. 1. p. 40. They have power over the Conscience in inward and secret acts not directly but by accident . ibid. n. 6. p. 41. A secret action designed in the thoughts only , is not punishable by man ; proved by the sentence of Cato . l. 3. c. 1. r. 5. n. 6. p. 42. In doubts of Law the buyer must be favoured before the Seller . l. 3. c. 6. r. 1. n. 15. p. 405. Separate . In what cases it is lawfull for the people to separate from their Bishop or Minister . l. 3. c. 4. r. 8. n. 9. p. 250. It must be done by the authority of the Prince . ibid. n. 11. p. 251. Separation must not be made for a light cause . l. 3. c. 4. r. 9. n. 6. p. 257. Sentence . Generalc Edictum accedente Facti evidentia habet vim latae sententia . l. 3. c. 2. r. 6. n. 11. p. 111. In Moses Law if the Criminal did voluntarily submit to punishment , his sentence was gentler then if the Judge did it . l. 3. c. 2. r. 2. n. 4 , 5 , 6. p. 60. Service . De offensionibus adversus dominum non est compensatio ad servitia eidem impensa . l. 3. c. 3. r. 2. n. 24. p. 147. The service of God does not only comprehend actions of religion . l. 3. c. 3. r. 6. n. 7. p. 181. Of that Shame that attends an evil Conscience . l. 1. c. 1. r. 2. n. 11. p. 16. The state of Sickness unfit for repentance . l. 2. c. 3. r. 16. n. 23. p. 530. Silence . How far a silent consent makes us partakers of the guilt of others . l. 4. c. 1. r. 2. n. 10. p. 461. In what cases silence is a sign of consent . ibid. n. 11. p. 461. Sometimes it is a sign of indifferencie . ibid. n. 12. p. 461. No silence is esteemed a ratihabition of a past act . ibid. n. 13. p. 462. Of Singing in the Church . l. 3. c. 4. r. 20. n. 11. p. 329. Sin. The baseness of it . l. 1. c. 1. r. 2. n. 11. p. 17. Of the greatness of a sin we cannot take a direct account by the measure of that horrour is observed in the Conscience of the sinner . ibid. n. 23. p. 22. It is not as great a sin to go against the Conscience in those dictates which flow from reason , as those that come by nature or revelation . ibid. n. 2. p. 12. We cannot conclude that God hath pardoned our sins from our peace of Conscience . ibid. n. 25. p. 24. A proposition that directly serves a sin is not the dictate of Conscience . l. 1. c. 1. r. 3. n. 7. p. 30. Bishops can directly give no Laws that properly and immediately bind the transgressors under sin . l. 3. c. 4. r. 4. p. 233. Acts mutually contradictory may be both sins to divers persons in different circumstances . l. 1. c. 1. r. 5. n. 1. p. 32. & reg . ead . n. 6. p. 33. A sin against a sure Conscience though it be great , is not a double one . l. 1. c. 2. r. 8. n. 1. p. 81. Of sins that have a double guilt . ibid. n. 2 , 3. p. 81. No man can ever be in that condition that to obey God shall become a sin to him . l. 1. c. 3. r. 3. n. 7. p. 110. Cautions propounded to those who counsell a lesser sin that thereby they may hinder a greater . l. 1. c. 5. r. 8. n. 4. p. 190. Sin is sometime in the material part of the action , sometime in the formal part . ibid. n. 36. p. 205. What is that power of remitting sins given to the Church . l. 3. c. 4. r. 1. n. 13. p. 218. All sin is voluntary . l. 4. c. 1. r. 1. p. 437. Neither God nor the Devil will or can force us to sin . ibid. n. 12. p. 443. How far it may be lawfull or innocent to permit a sin . l. 4. c. 1. r. 2. n. 20. p. 464. Of the lawfulness of those trades that minister to sin . ibid. n. 24. p. 467. The external act of sin is worse then the same sin in the will. l. 4. c. 1. r. 3. n. 2. p. 482. It is charity to a Malefactor to hinder him from committing the sin he hath resolved on . ibid. To him that commits a sin , all that evil that will follow the sin , if he knows it , but not designs it , is imputed for sin . ibid. n. 4. p. 483. To doe a great evil with a little malice is a greater sin , then to desire a great evil but act willingly a little one . ib. n. 4. p. 482. Of the identity and diversitie of actions internal and external , and the multiplication of sins by them . ib. n. 5. p. 483. Whether is the worse , he that sins willingly , or he that sins by folly and ignorance . l. 4. c. 1. r. 5. n. 16. p. 499. Some sins of ignorance worse then some sins of malice . ibid. n. 18. p. 499. No effect which after a mans death happens , is imputable to him as a new sin . l. 2. c. 3. r. 4. n. 7. p. 404. Sin , whatsoever event depends upon the will of another , is no longer upon his account then he actually or habitually desires or endeavours it . ibid. n. 8. p. 404. Sin is unlawfull in the mind . l. 2. c. 3. r. 7. n. 1. p. 414. Those sins whose evil consists wholly in relation to men with whom we converse , are not sins in the thought . ibid. n. 2. p. 415. In Laws not only the contrary to the Duty , but the privative is sin . l. 2. c. 3. r. 12. n. 12. p. 453. In what sense we are free from sin by Christ. l. 3. c. 1. r. 1. n. 28. p. 18. Sin in the thoughts in some instances is punishable . l. 3. c. 1. r. 5. n. 7. p. 43. An accidental evil effect consequent to my duty cannot make me sin . l. 3. c. 2. r. 1. n. 66. p. 55. If sinners become Judges to punish themselves , they prevent the greater anger of God. l. 3. c. 2. r. 2. n. 6. p. 60. Simony . The reproof of it . l. 1. c. 2. r. 5. n. 17. p. 67. & l. 3. p. 293. It is like the sin of Simon Magus , not the same sin . l. 2. c. 3. r. 3. n. 1. p. 397. Of the marriage of Sisters and Brothers . l. 2. c. 2. r. 3. n. 24. p. 296. Son. A Son is bound to maintain his indigent Father though outlawed . l. 3. c. 5. r. 3. n. 2. p. 367. It is no disobedience of a Son to change his Fathers religion . ib. r. 4. n. 1. p. 369. The religion of the Son must not prejudice the civil rights of the Father . ibid. n. 2. p. 370. A Son is not to obey his Father in things dishonest . ib. r. 7. n. 3. p. 375. If a Son transgress the Law by his Fathers commandment , his punishment is the less . ibid. n. 5. p. 375. In what cases a Son may complain of his Father to the Judge . ib. n. 7. p. 376. Sons cannot lawfully enter into a state of religion without their Fathers consent . l. 3. c. 5. r. 8. n. 3. p. 378. A Son cannot withdraw himself from his Fathers government , and put himself under another . ibid. n. 5. p. 379. Examples of some holy men that left Monastical life because they had not their Parents leave . ibid. n. 6. p. 380. Charles the Great made a Law against it . ibid. The Son or Daughter sins that marries against the consent of his Father . ibid. n. 7. p. 381. The ancients accounted such marriages illegitimate . ib. n. 8. They were forbid by the Natural and Civil and Canon Law. ibid. n. 8 , 9 , 10. p. 383. A Son in reason should be left at liberty in nothing more then in marriage . ibid. n. 13. p. 384. Sons and Daughters when they are of competent years and have the use of reason , may of themselves contract marriage . l. 3. c. 5. r. 8. n. 14. p. 385. A Son may marry at the command of his Prince against his Fathers leave . ib. The marriage of Sons and Daughters is good against their Fathers consent , because the marriage of Slaves is valid in Law against the consent of their Lords . ibid. p. 386. A Son is never exempted from his Fathers natural power . ib. n. 20. p. 390. Of his Political power the Laws prescribe the measure and bounds . ibid. If the Son be a Magistrate , the Magistrate is exempted from the Father power , but not the Son. ibid. n. 22. p. 391. If a Son enters into H. Orders it does not quit him from his duty to his Father . ibid. n. 23. p. 391. The Son that is marriageable , his Father being dead , is not under the power of his mother . ibid. n. 29. p. 394. A Son may refuse to marry a Virgin much inferiour to him , if his Father offer her . ib. n. 35. p. 397. Of the measure of that Sorrow is required in repentance . l. 2. c. 3. r. 10. n. 8. p. 434. Justinian gave leave to any man to kill the Souldiers that came to plunder . l. 3. c. 2. r. 6. n. 8. p. 109. Socrates by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 does not mean the day of the Resurrection , but the Passion . Reasons to prove it . l. 3. c. 4. r. 13. n. 13. p. 279. Spirit , Spiritual . What the Spirit is , and how it differs from the Soul of man. l. 1. c. 1. r. 1. n. 8. p. 4. Temporal things must not yield to every thing that is spiritual . l. 3. c. 3. r. 6. n. 13. p. 183. In what sense it is true that temporal things are subordinate to spiritual . ibid. n. 15. p. 184. Concerning the preeminence of spiritual or temporal persons . ib. n. 18. p. 186. Of the honour due to spiritual persons . ibid. n. 18. p. 187. Spiritual persons have no temporal power . ibid. n. 19. p. 188. The spiritual power must yield to the temporal power so long , untill it appears that to forbear longer would be to neglect a duty , and displease God , and then they must disobey only passively . ibid. n. 28. p. 195. How the secular power differs from the spiritual . l. 3. c. 4. r. 1. n. 1. p. 212. Spiritual censures must not be inflicted for temporal causes . ib. r. 9. n. 10. p. 259. That spiritual persons should not be exempt from secular Jurisdiction . l. 2. c. 2. r. 6. n. 67. p. 368. Sports . Rules of conducting them . l. 4. c. 1. r. 2. n. 32. p. 473. Stratagems . To use them is not to lie . l. 3. c. 2. r. 5. n. 19. p. 95. Strangers . How far they are bound by the Laws of the Countrey where they are . l. 3. c. 1. r. 8. n. 7. p. 51. Of eating things strangled . l. 2. c. 2. r. 2. n. 2. p. 281. Subject . Subjects sometime sin equally to those that command the sinfull action , sometime less , according to the different degrees of the authority . l. 4. c. 1. r. 2. n. 7. p. 459. The command of a Superiour excuseth the Subject in small matters , not in great . ibid. n. 8. p. 459. Otherwise in the transgression of moral precepts then temporary and ritual . ibid. n. 9. p. 460. Of Subscribing confessions of Churches or acts of a Council . l. 3. c. 4. r. 23. n. 7. p. 358. It is better to suffer nobly , then to escape by a doubtfull way . l. 3. c. 2. r. 5. n. 48. p. 105. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what it is . l. 1. c. 1. r. 1. n. 24. p. 9. Superstition . What influence it can have upon the morality of its effects . l. 4. c. 1. r. 7. n. 6. p. 513. Concerning it . l. 3. c. 1. r. 1. n. 18. p. 12. & l. 2. c. 3. r. 13. n. 11. p. 459. & n. 20. p. 464. & ibid. n. 26. p. 466. Suretie . No man can be Surety for another in obligations to capital punishment . l. 3. c. 2. r. 7. n. 2. p. 117. but in pecuniary punishments he may . ibid. n. 4. p. 118. Stories . l. 1. c. 2. r. 3. n. 2. p. 40. Of Cain and Abel as it is in the tradition of the Easterlings . l. 2. c. 3. r. 13. n. 31. p. 471. Of others . l. 3. c. 2. r. 5. n. 10. p. 86. & l. 3. p. 91. & Praf . p. 15. Synesim used unlawfull arts to wave a Prelacy . l. 3. c. 2. r. 5. n. 18. p. 93. T. Temporal . TEmporal things ought not to yield to every thing that is Spiritual . l. 3. c. 3. r. 6. n. 12. p. 183. In what sense temporal things are subordinate to spiritual . ibid. n. 15. p. 184. Temporal things as well as spiritual are subordinate to the glory of God. ibid. n. 16. p. 184. Of Temptation . l. 2. c. 3. r. 7. n. 7. p. 415. Extrae Territorium jus dicenti impune non paretur . l. 3. c. 1. r. 8. n. 1. p. 49. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence taken to signifie Lent. l. 3. c. 4. r. 13. n. 16. p. 281. Of the books of mystical Theology . l. 1. c. 6. r. 5. n. 16. p. 219. The difficulty of moral Theology . Pref. p. 8 , 9. An Example out of the old Testament is not a sufficient warrant for us . l. 2. c. 2. r. 7. n. 27. p. 380. Thief . If a Thief make me promise to pay a Sum of money the next day , though he sin against a natural Law in so doing , yet the promise binds me . l. 2. c. 1. r. 8. n. 4. p. 263. The Civil Law permits a man to kill a night-thief . l. 3. c. 2. r. 6. n. 8. p. 109. Thoughts . The superiour may punish the thoughts of the heart though they proceed not to action . l. 3. c. 1. r. 5. n. 6. p. 42. The Jews taught that God would not punish the sin of the thoughts unless it were against the faith . l. 4. c. 1. r. 5. n. 18. p. 500. Tithes . Christians ought to pay Tithes . l. 2. c. 3. r. 20. n. 8. p. 556. The Pope did not well to dispense with the Cistertians for paying Tithes . l. 3. c. 6. r. 4. n. 6. p. 425. Of tolerating disobedience to Laws . l. 2. c. 2. r. 7. n. 11 , 12. p. 376. Trade . Of the lawfullness of those Trades that minister to sin . l. 4. c. 1. r. 2. n. 24. p. 467. Whether the trade of Cardmakers or Dicemakers be lawful . ib. n. 25. p. 468. Tradition . the reason of it . l. 1. c. 4. r. 2. n. 4. p. 123. what is the use of Traditions . l. 2. c. 3. r. 14. n. 14. p. 483. Those prerogatives that in the writings of the Fathers are given to Scripture under the name of Tradition , the Papists give to Tradition as distinct from and opposite to Scripture . ib. n. 16. p. 484. The Primitive Christians had that need of Tradition that we have not . ibid. n. 17 , 18. p. 485. The use of Tradition in rituals . ibid. n. 19. p. 486. Tradition uncertain , because Hereticks and other evil persons have affixed the names of Apostles and Apostolical men to many books never writ by them , which now are not easily to be found out and distinguished . ibid. n. 35. p. 492. Of the rules by which Tradition is tryed . ib. n. 39. p. 495. Tradition cannot receive sufficient authority either from The Catholic Church . l. 2. c. 3. r. 14. n. 40 , 41. p. 498. The Doctors . ibid. n. 41. p. 499. Council . ibid. n. 42. p. 499. Of Tradition . l. 3. c. 4. r. 21. n. 1. p. 351. It is not of use , unless there be an uninterrupted succession from the Apostles . ibid. n. 3. p. 351. Truth . One truth cannot be against another . l. 1. c. 2. r. 3. n. 49. p. 56. No man can prescribe to truth . l. 2. c. 3. r. 19. n. 1. p. 549. Of Truth . l. 3. c. 2. r. 5. n. 1. p. 82. Whether truth can be practised at all times . ibid. n. 2. To differ from the eternal truth is not the essence of a lie . ibid. n. 4. p. 83. Every man hath a right to truth . ibid. n. 5. p. 83. That right may be taken away by other superiour rights . ibid. n. 6. p. 84. How it is that to tell truth is an act of justice . ibid. n. 13. p. 89. Tutors , their power in inflicting punishments . l. 3. c. 2. r. 6. n. 7. p. 109. Types . That opinion of some , that every rite in Moses law answers to some rite of the Christian , is not sound . l. 2. c. 2. r. 6. n. 52. p. 360. Types and shaddows were for the Old Testament , not the New. l. 3. c. 4. r. 20. n. 8. p. 327. Tyrant . What duty is required of us toward a Tyrant . l. 2. c. 2. r. 7. n. 41. p. 386. When a Tyrant power threatens death to make the obedient Subject contemn the Law , the Subject ought rather to die then disobey the Law. l. 3. c. 1. r. 2. n. 13. p. 29. Difference between a Tyrant and a King. l. 3. c. 1. r. 3. n. 5. p. 34. & l. 3. c. 3. r. 1. n. 1. p. 130. Tribute . Of Laws made concerning it . l. 3. c. 2. r. 8. per tot . p. 124. Obedience is due to them , that tribute is . ibid. n. 1. p. 124. Taxes are to be paid for Conscience , though they are odious and of ill name . ibid. n. 3. p. 125. Tribute must be imposed by none but the supreme power , unless it be penal tribute . l. 3. c. 2. r. 9. n. 1. p. 127. V. Vertue . TO love vertue merely for its own sake is not the inseparable Character of a good man. l. 2. c. 1. r. 4. n. 9. p. 250. What it is to love Vertue for Vertues sake . ib. & l. 4. c. 2. r. 2. n. 7. Virgin. It is not lawful for a Virgin to kill her self to save her virginity , though there be no other way of preserving it . l. 3. c. 2. r. 3. n. 5. p. 74. & ibid. n. 16. p. 78. Virginity is not more holy then chast marriage . l. 3. c. 4. r. 20. n. 19. p. 338. Understanding . All that is above our understanding is not against it . l. 1. c. 2. r. 3. n. 46. p. 54. Obedience of the understanding in what particulars it consisteth . ib. n. 59. p. 60. The understanding may not chuse the lesser truth , though it may innocently chuse the lesser good . l. 1. c. 4. r. 5. n. 3. p. 147. Of the marriage of uncles and Nieces . l. 2. c. 2. r. 3. n. 30. p. 299. Of usury . l. 3. c. 3. r. 6. n. 30. p. 196. & l. 2. c. 2. r. 7. n. 7. p. 374. Of the morality of those actions that are involuntary in the effect , but voluntary in respect of the cause . l. 4. c. 1. r. 4. p. 489. A vow if it be not voluntary is no vow . l. 3. c. 4. r. 20. n. 29. p. 347. W. War. OF the measures of war by Christs law . l. 2. c. 2. r. 7. n. 15. p. 377. Right reason cannot be the rule of war. ibid. n. 18. p. 377. War cannot be conducted by the Laws of nature . ibid. n. 16. p. 377. The Law of Nations cannot be the measure of war. ibid. n. 19. p. 378. The Christian Law hath made no particular provisions for the conduct of War under a proper title . ib. n. 20. p. 378. The Christian religion if it were rightly embraced would prevent all War. ibid. Of War Defensive . ibid. n. 21. p. 378. Offensive . ibid. n. 22. p. 379. Examples out of the Old Testament in matter of War are dangerous precedents . ibid. n. 31. p. 382. A just war is not the breach of that Commandment that forbids killing . l. 3. c. 2. r. 1. n. 18. p. 59. In a just War it is lawfull to deceive the Enemy , but not to lie . l. 3. c. 2. r. 5. n. 19. p. 93. Of pledges is War. ib. r. 7. n. 2. p. 117. We should be Watchfull over our actions and words . l. 4. c. 1. r. 1. n. 21. p. 450. The use of White garments in religion . l. 3. c. 4. r. 15. n. 9. p. 291 , 224. Wicked men cannot have true peace of Conscience . l. 1. c. 1. r. 2. n. 25. p. 24. Will. The distinction of Gods secret and revealed Will is unreasonable . l. 1. c. 2. r. 3. n. 38. p. 52. God cannot have two Wills. ibid. n. 39. p. 53. Acts of the will and understanding are good and bad from the Object . ibid. r. 9. n. 4. p. 95. Where the understanding is wrong and the Will wholly right , the action is accepted and the errour pardoned . ibid. n. 9. p. 97. The Will may chuse the lesser good , but not the understanding the less truth . l. 1. c. 4. r. 5. n. 3. p. 147. A man is rendred good or bad only by his Will. l. 4. c. 1. r. 1. n. 1. p. 438. The Will of man is free to action . ibid. n. 2. p. 438. The will is free in actions moral and spiritual . ibid. n. 3. p. 439. Libertie of will in good things is a piece of weakness . ibid. n. 5. p. 441. To grant libertie of Will does not disparage the grace of God. ib. n. 6. p. 441. The Will is in every action good or bad . ibid. n. 7 , 8. p. 442. The other faculties of the Soul are not changed by good or bad objects . ibid. n. 8. p. 442. The material part of the sin is in them , the formal only in the will. ib. n. 9. p. 442. All acts that pass without any consent of the Will are indifferent . ibid. n. 17. p. 446. No action of the Will is indifferent . ibid. n. 18. p. 446. The Will hath six steps or degrees of volition . l. 4. c. 1. r. 3. n. 1. p. 480. The first inclination of the Will is not sinfull . ibid. All the moralitie of any action depends wholly on the Will , and is seated in the inner man. ibid. n. 2. p. 481. The external act of sin is more then the same sin in the Will. ibid. p. 482. All sin is in the Will , and is there completed . ibid. n. 12. p. 486. In what manner execution of the intention adds to the crime . ibid. n. 13. p. 487. Wills or Testaments . In Wills or Testaments there arising a doubt , the lesser burden is to be laid upon the Executor . l. 3. c. 6. r. 1. n. 14. p. 404. The Heir is to be favoured against the Legatees , unless God and Religion be the Legatee . ibid. n. 15. p. 405. Wine . The Heathens used to compleat their Covenants with drinking blood , or Wine instead of it . l. 2. c. 3. r. 9. n. 31. p. 431. The Encratites and Manichees sinned in abstaining from the use of Wine . l. 2. c. 3. r. 13. n. 23. p. 465. But the Rechabites did not , and why . ibid. n. 14. p. 460. In what cases the sentence of a good and Wise man may determine the choice . l. 1. c. 4. r. 15. n. 1. p. 174. & p. 386. Women , Wife . It is not well for women to baptize . l. 2. c. 1. r. 7. n. 3. p. 261. Of women wearing mens cloths . l. 3. c. 1. r. 1. n. 18. p. 12. S. Pelagia did wear mans cloths to avoid temptation . ibid. Women are to be admitted to the Sacrament . l. 3. c. 4. r. 12. n. 6. p. 270. Scriptura loquens in Masculino , procedit etiam in Foeminino . ibid. In Scripture a betrothed woman is called wife before marriage , and her falshood to her Spouse hath the same punishment as adultery . l. 3. c. 5. r. 8. n. 16. p. 387. The Wife sinning is excused by the Hubands command in small matters , not in greater . ibid. Words . Of their signification in Laws . l. 3. c. 6. r. 1. n. 6 , 7 , 8 , 9. p. 400 , 401. That is the meaning of the words of the Law , that does the work of the Law. ibid. n. 11. p. 402. How far the words of a Law may be drawn to prove a sin forbidden to be great or small . l. 3. c. 1. r. 1. n. 20. p. 14. We should be watchfull over our actions and words . l. 4. c. 1. r. 1. n. 21. p. 450. Worship . The vanity of that distinction of Relative and Terminative worship . l. 2. c. 2. r. 6. n. 27. p. 341. Will-worship . l. 2. c. 3. r. 13. n. 7. p. 457. God is to be worshipped by nothing but what himself appointeth . ibid. There can be no Will-worship in acts internal of the Soul. ib. n. 30. p. 470. He that kills a child in the Wombe is guilty of murther . l. 4. c. 1. r. 3. n. 14. p. 488. Y. Young men should not be permitted to game . l. 4. c. 1. r. 2. n. 38. p. 479. Z. Of the Jewish Zelots . l. 3. c. 2. r. 6. n. 2. p. 107. FINIS . Errata sic corrige . Vol. I. PAge 11. l. 41. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 137. l. 26. r. a few Fishermen 145. l. 33. r. to be fit 156. l. 13. r. stronger argument 196. l. 44. r. yet then they 216. l. 24. r. every accident 220. l. 4. dele and Humane . 227. l. 43. r. indeed 228. l. 5. r. this than any 241. l. 8. r. particulars , made relative 244. l. 19. r. which is serv'd by justice . 268. l. 24. r. so wholy 290. l. 38. r. yet the arg . 291. l. 13. r. Nations 313. l. 20. r. no more : by 314. l. 4. r. too near l. 24. r. before ) it was 319. l. 16. r. any foot-steps 323. l. 40. r. is to be 334. l. 30 & 35. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 336. l. 25. after because , dele yet 339. l. 34. r. a degree Pag. 344. l. 8. r. branle 345. l. 5. r. idol 348. l. 32. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 353. l. 23. r. Prunetana 359. l. 13. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 369. l. 23. r. posture 377. l. 44. r. heard , possibly there l. 45. r. against reason , it 383. l. 13. r. Presidents 401. l. 38. r. be not 413. l. 35. after observe , dele but 417. l. 42. r. morally 421. l. 11. r. beginning form'd with 422. l. 6. r. traditionis l. 30. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 423. l. 45. r. Apostles ministery 429. l. 15. r. taken notice 428. l. 22. r. life issuing 433. l. 32. after appendage , dele and 437. l. 43. r. ease of rigour 444. l. 29. dele , But I shall give an account of that inquiry in some of the following pages . 449. l. 39. r. they oblige Pag. 454. l. 28. r. in it , but 502. l. 13. r. S. Gregory 503. l. 37. r. is not an adequate 548. l. 35. r. Christ are or ought Vol. II. Pag. 92. l. 20. r. by publishing 94. l. 15. r. as in parlies 96. l. 6. r. and they who may 97. l. 9. after but not , dele to 99. l. 17. r. an usual 131. l. 31. r. Ne respublica 139. l. ult . r. Seres 145. l. 42. r. fuerant 155. l. 42. r. Inviolabiliter 230. l. 20. r. 10 talents 254. l. 28. r. that ; it must 256. l. 6. r. are to be 294. l. 40. r. enter into 359. l. 33. r. non amare — infania 368. l. 27. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 438. l. 12. r. our own 490. l. 34. r. ( as Pyrrho did ) he see 513. l. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A CATALOGUE of some Books Printed for Richard Royston at the Angel in Ivy-lane , London . Books and Sermons written by J. Taylor D. D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , A Course of Sermons for all the Sundays of the year ; together with a discourse of the Divine Institution , Necessity , Sacredness and Separation of the Office Ministerial , in fol. 2. The History of the Life and Death of the Ever-blessed Jesus Christ , the third Edition in fol. 3. The Rule and Exercises of holy living , in 12. 4. The Rule and Exercises of holy dying , in 12. 5. The Golden Grove , or A Manual of daily Prayers , fitted to the daies of the week , together with a short Method of Peace and Holiness , in 12. 6. A Collection of Polemical and Moral discourses , in fol. newly reprinted . 7. A Discourse of the Nature , Offices & Measure of Friendship , in 12. new . 8. A Collection of Offices or forms of Prayer fitted to the needs of all Christians , taken out of the Scriptures and Ancient Liturgies of several Churches , especially the Greek , together with the Psalter or Psalms of David after the Kings Translation , in a large octavo , newly published . 9. Ductor Dubitantium , or the Rule of Conscience , fol. in two volumes . 10. The Doctrine and Practice of Repentance , describing the necessities of a Strict , a Holy and a Christian Life : Serving as a necessary Supplement unto the Rule of Conscience . Books written by the late Reverend Dr. Henry Hammond . A Paraphrase and Annotations upon all the Books of the New Testament , by Hen. Hammond D. D. in fol. the second Edition enlarged . 2. A Paraphrase and Annotations upon the Books of the Psalms , briefly explaining the Difficulties thereof , by Hen. Hammond D. D. fol. new . 3. The Practical Catechisme , with other English Treatises , in two volumes in 4. 4. Dissertationes quatuor quibus Episcopatus Jura ex S. Scripturis & Primava Antiquitate adstruuntur , contra sententiam D. Blondelli & aliorum . in 4. 5. A Letter of Resolution in six Queries , in 12. 6. Of Schisme . A defence of the Church of England against the exceptions of the Romanists , in 12. 7. Of Fundamentals in a notion referring to practice , in 12. 8. Paraenesis , or a seasonable exhortation to all true sons of the Church of England , in 12. 9. A Collection of several Replies and Vindications published of late , most of them in defence of the Church of England , now put together in four volumes . Newly published , in 4. 10. The Dispatcher Dispatch'd , in Answer to a Roman Catholick Book intituled Schism Dispatch'd , in 4. new . 11. A Review of the Paraphrase and Annotations on all the Books of the New Testament , with some additions and alterations , in 8. 12. Some profitable directions both for Priest & people , in two Sermons , in 8. new . Notes, typically marginal, from the original text Notes for div A63844-e170 Jer. 30. 7 , 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 19. 14. Lib. 7 , 8. Of Eccle. Polity . Lib. 8. de rep . Eccles. Notes for div A63844-e510 a Eman. Sa. aphor . v. Furtum . * Prov. 28. 24. b Idem v. Restitutio . c Diana de Euchar . in compend . n. 30. n. 31. n. 32. Idem de poenit . n. 3. num . 7. num . 11 , & 17 , & 18. num . 18. num . 19. Id. Verb. Detractio . num . 5. Dispensatio . num . 11. Concil . Trid. sess . 14. cap. 4. Dian. Compend . de poenit . Sacram. n. 8. Clavis Regia , l. 4. c. 2. n. 5. Sa aphor . verb. Jejun . n. 11. ibid. n. 8. idem verb. Dubium . Suarez lib. 10. deleg . cap. 6. n. 3. * Vide Summas Cas. Consc. in verbis , Immunitas . Ecclesia . Hospitale . Privilegium . Clericus . Monasterium . &c. Tract . de Decretis . Seneca ad Lucilium . Eccles. 12. 12. Arist. lib. ● eth . c. 3. De doct . Christi . li. 2. c. 18. Cōfess . l2 . c. 15. G. of . in c. quo●um appell . non ●●cipiuntu● . b. 3. 15. Ad Olynth . 1. Isa. 49. 4 , 5. Notes for div A63844-e11430 §. 1. Lib. de interiori domo . 2. Exod. 7. 1. Lib. 6. de vero cultu . cap. 24. 3. 4. Lib. de testimon . animae . 5. 6. 7. Psal. 78. 49. 7. Heb. 10. 16. Jer. 31. 33. 8. * Eccles. 7. 22. 1 John 3. 21. Apud Syros conscientia dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à radice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 formavit , depinxit , descripsit ; quia scil . conscientia notat & pingit actiones nostras in tabula cordis . * Prov. 18. 14. Heb. 4. 12. In epist. ad Rom. cap. 2. lib. 2. 9. Rom. 7. 23. Titus 3. 1● . Marc. 14. 72. Philip. 2. 5. 1 Co● . 2. 16. Luc. 1. 29. Rom. 14. 5. Rom. 1. 28. Ephes 4. 23. Rom. 12. 2. 10. 11. De interiori domo cap. ● . 12. a Ubi supsa . In Psal. 48. 13. 14. 15. 16. 17. 1 Tim. 1. v. 1● . a Verb. Cons●ientia . b In c●cum cau sa de Testi . c In §. s●d iste . Instu . de Act. Gl. in c. Statut . §. assess . detent . Ecclus. 13. 30 , alia● 24. 18. 19. 20. 21. 22. 23. 25. Acts 23. 1. & 24. 16. Rom. 13. 5. 1 Cor. 8. 10. & 19. 12. 1 Tim. 1. 5. 19. & 3. 9. 2 Tim. 1. 3. Titus 1. 15. 1 Pet. 2. 19. 3. 16. Heb. 13. 18. 26. Horat. de art● Poet. Rom. 2. 15. Iliad . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. Rom. 〈◊〉 〈◊〉 . 6. 4. 1 Cor. 13 12. Cicero 2. Tuscul . De Inter. dom . lib. 2. cap. ult . 5. Rom. 2. 1● . Cicero pro Cluentio . Lucretius ▪ 6. In Epic●●● James 1. 21 , 23 , 24. 7. Juven . Sat. 10. 〈◊〉 . Sat. 3. 8. 9. Apud Publianum . Plautus . 10. 1 Macc ▪ 6. 1● . Aeneid . 12. 11. Cicero de ●egib . l. 2. Rom ●●● . 12. A. Gell. l. 5. c. 1. Lib. 14. Annal. 13. 14. Epicharm . De 4 Hono● Con●u● . 〈…〉 〈…〉 J●r . 2●● 4. 15. Lucret. 16. De profugit . 17. Juvenal . Martial . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 18. 19. Levit. 26. 36. Deuter. 28. 65● Isai. 22. 2. Lib. 1. c. ● . 20. Aeschyl . Senec. 〈◊〉 Act. 3. 21. 22. 24. 〈◊〉 2 C●● 1. 1● . Prov. 30 , 20. Eccl●s . 13 ●6 . 〈…〉 Lib. 4. de be●efic . c. 21. Orat. 25. 26. Cicero pro Milone . 27. 28. 2 Tim. ● . ● . 2 Tim. 2. 22. 2 Tim. 1. 3. H●b 9 14. 10. 22. 13. 18. Acts 15 9. 1. Prosper Epigr. de cohibenda ira . 2. 3. 4. 5. In Lava●ro Conscien● . Lib. 11. samil epist. 6. Lib. 5. ep . 20. Mart. Ecclus. 37. 11. 7. 8. Eccl●●s . 37. 15. 1. 2. 3. In Rule 1. numb . 5. & se● . 4. Rom. 1. 28. 5. 1. 2. 3. 4. 6. In Epicter . lib. 3. c. 26. 1. 2. 3. 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. Aristo● . Ethic. lib. 6. cap. 6. 4. 5. Rom. 14. 14. 1. 2. De bellis Sytiacis . 3. 4 5. 1 Cor. 8. 1. 4. 6. 7. Ad annum 538. sect . 34. A. D. 44. n. 88. 8. 9. 10. John 7. 17. 1 Cor. 1. 10. 11. 2 Cor. 10. 5. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Prosper c. ● . de ingrat . Prosp. de praedest . 55. cap. 8. 29. 30. 31. 32. 33. 34. 35. 36. 37. Isa. 1. 18. & 5. 3. Ezek. 18. 25. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Luke 12. 57. 54. 55. Rom. 12. 1. 1 Pet. 2. 2. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 1. 2. 3. 4. 5. Vide Aristot. de anima lib. 2. text . 154. 6. 7. Lib. 1. ep . 8. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 2 Cor. 11. 14. 14. 1 P●● . 5. 2. 15. 16. 17. 18. 19. 〈…〉 〈…〉 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Plin. li. ● . ep . 2. Vide Rule of Holy Living Chap. 1. §. 2. 30. 31. 32. 33. Plin. li. 1. ep . 8. 34. 35. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1 Cor. 15. 14. 11. 12. 13. 14. Malachi 3. 8 , &c. Psal. 83. 13. 15. 1 Cor. 11. 3● . 16. In Apocal. 17. 18. 19. 1. 2. 3. 4. 5. 6. 7. 2. Cap. pastoralis . § 〈…〉 De ●fficio & pote●● Judicis Delegati . 3. 4. 6 , 7. 8. John 8. In Psal. 118. 9. 10. 11. 12. 〈…〉 13. 14. 8. 9. 10. Exod. 23. 7. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. C. penult . de reg . jur . 23. 24. Tertul. ●ib . de 〈…〉 . 25. 26. 27. 28. 29. 30. 31. Unum necessar . 32. 33. 34. 35. Prov. 18 5. 1. 2. 3. 4. 5. 6. 7. 8. Tit. 1. 16. Deuter. 32. 17. 9. Rom. 1● 14. Vide Chrysost. in hunc locum , S. Ambros. ib. & Theophyl● . ibid. 10. 11. Gal. 5. 3. 13. 1. 2. James 5. 3. 4. 5. Part. 1. decret . dist . 6. c. 4. 6. 1. 2. 3. 4. 5. 〈…〉 & 〈◊〉 . 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 18. 19. 20. 21. 22. 23. 24. Cha. 2. Rule 9. 25. 26. 27. 28. 29. 30. 31. 32. 1. 2. 3. Castropal . tom . 1. dis . 1. punct . 6. n. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 1. 2. 3. 4. 6. 7. 1. Lib. de praecept . & dispens . 2. 3. 4. 5. 6. 1. Vide Chap. 4. 2. * Sanchez . select . 99. disp . 41. num . 27. Meroiia in florileg . verb. conscientiâ nu . 14. B●●dus de conscientia discept . 3. cap. 11. 3. 4. 5. Vide Chap. 4. Rule 5. 6. 1. 2. 3. 4. 1. 〈◊〉 11 4. Ethic. l. 1. c. 1. 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Euseb. lib. 5. c. 1. praep . Euang. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 33. 34. 35. 36. 37. 38. 39. 40. 1. 2. Ch● . 2. Rule 2. 1. 2. 3. Lib. 3. c 9. instit . 4. 5. 6 1 * 〈◊〉 2 of this 〈◊〉 * 〈◊〉 5. Rule 4. 2. 3 Lib. 2. de an●ma . text . 153. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1. 2. 3. Cha 3 Rule 7. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 1. L p. ver . Sed 〈◊〉 C de veter● jure enucle●●●o . Cap. Nicaena Syn. dus . dist . 32. 2. In Protag . Plat. 1. De nat . Deor. Vide Libe . ep of Prophes . Sect. 8. D●ille du Vrai usage des Peres 3. 4. 5. 6. C. earch . 7. 8. 10. 11. 12. 13. Eth. lib. 10. ● . ● . 14. 15. 16. 17. 18. 19. 1 Pet 3. 15 , Tit. 1. 9. 1. 2. 3. Epist. 64. Aeneid . l. 11. 4. Horat. l. 2. ep . ● . Videat lector epist. 19. Sancti Augustini ; quae est ad Hieronymum . & epist. ad Fortunatum . 5. 6. 7. 8. 9. 10. 11. 1. 2. 3. 4. 5. Lib. 22. contr . Faustum cap. 74. & habetur cap. Quid culpatur . 23. qu. 1. 6. 1. 2. 3. 4. 1. 2. 3. 1. 2. 1. 2. 3. 4. 5. 6. 7. 1. Rom. 14. 23. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1. Ci●p . 2. Rule 3. 2. 3. 4. 5. 6. 7. 8. 1. * Rule 7. 2. 3. 4. 5. 1. Concil . T●le● . 8 Can 2. temp . Martini P. Lib. 5. cap. ● . Ethic. 2. 3. 4. 5. 6. 7. In 19. Matth. Caus. 32. ● . c. Sicut . Prov. 28. 21. 8. 9. Lib. 3. 10. M●●●h 2. 16. 11. 12. 13. 14. C. 6● . C. 8. 1 Tim. 3. 4 ▪ 5. 15. 16. 17. * S. Ambros. lib. 1. c. 6 ▪ de Patriarch . Abraham . Hom. 27. ad pop ▪ Antiochen . L. 1 c. 15. de adulterin . conjug . L●b . 32. moral . ● ▪ 18. 19. 20. 21. 22. 23. G●rson tract . 8. in Magnif . num ▪ 88. lit ▪ F. 24. 25. 26. L. 5. epist. rerum senilium . Lib 3. Offic. 27. Rom. 3. 8. 28. 1 Kings 18. 25 ▪ Jerem. 41. Lib. 5. c. 1. Lib. 6. appo●t● . 29. 30. 31. 32. 33. 34. 35. 23. 24. 38. 39. 40. 41. 42. 43. 1. Prov. 28. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. Antonin . in sum . 1. p. tit . ● c. 10. 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Luke 11. 13. James 1. 5. 11. 12. Lib. 8. c. ●●riri De rerum 〈◊〉 erate . Epist. l. 3 13. 14. 15. 16. 17. 18. 1. Constit. Apost . l. 1. c 6. 2. Valla Elegant . l. 4. c. 48. 3. L. 5. c. 10. Lib. 1. c. 13. & 15. Lib. 5. c. 7● Ethic. 4. E●hic . l. 5. c. 10. Rhetor. l. 1. c. 11. L. 9. ff . de jure & justitia . Arbiter . 5. 6. 7. 8. L. 1. ff . de justitia & jure . 1. 2 q. 1●4 . art . 2. Elegant . l. 4. c. 43. See Great E●● emplat . 9. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 L. 1. c. 78. Orat. contr . Aristocratem . Contr. Celsum . 11. a L. 1. contr . Jovin . b Hom. 5. sup . 19 Genes . c L. 1. Comm. sup . Luc. 1. d In cap. 5. Eph. L. 1. ss . si Qu●drupes . §. 3. 12. 13. De praescrip● . 14. 15. 16. In Synopsi LI. 17. 18. 19. Lib 8. Polit. c. 4. 20. 21. In Thalia . Arist. Rheot●● . l. 1. c. 11. 22. V● . F●c● . 〈…〉 . L. 11. cap. 18. Lib. 1. c. 8. C●p. 43. 〈…〉 23. App●an . d● B●l. Sy●● Orat. pro C●a . 24. 25. 26. Maxim. Ty● Dissert . ● . 27. 28. See the preface to the Great Exempl●r . n. 23. 29. Lib. 1. tit . 1. Prochir . 30. Lib. de Repub. Juven . Sat. 1● . 31. 32. 33. Lib. de anima cap. 2. 34. 35. 36. 37. 38. a Epist. 151. ad Algas . q. 8. b Adrv Judxos c. 2. 39. 40. 41. 42. Dist. 1. in princ . 43. 44. Adv. Marcion . lib. 2. Adv. Praxeam . 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 2. q. 19. ad 3 , & 4. 59. 1. Lib. 1. de inv . & ●● . 4 , & 5. de 〈◊〉 2. Lib. 6. ●● . de justit . & jure . 3. 〈…〉 . 1. 〈…〉 . c. 1. 2. 3. 7 , de Repub , 4. De consol . Philosoph . 7. Aenei● ▪ Tac , 〈◊〉 ▪ 3. 5. 6. Ovid. l. 3. Eleg. 7. Reg. fusior . inter . 2. 1. 2. 3. 4. 5. 6. 7. 8. 〈…〉 9. 〈…〉 10. 〈◊〉 , 12 , 2 3. 11. 1. 2. Lib. 2. de lege . 3. 4. Navarrus Enclyri●● . c. 25. ●t con●●●gatio Cardinalium quos tal● & 〈◊〉 putidi pudibat 〈…〉 rem factum aut dictam , & 〈◊〉 clandesina etiam poll concilium rata manere , sicut & eate . Consula●●unt sc. famae Concilii , non propriae , aut rem tam contam , verba tam 〈…〉 non crubuerunt . 5. 6. 7. 8. 9. 10. 11. 12. 13. Lib. 5. Ep. ad Calvisium . Lib. 2. Epist. 14. 15. 16. 17. 18. 19. 20. 21. Rule 10. 〈…〉 . 22. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 1. L. Si stipuletur . de verb. oblig . 2. 3. 4. Vide reg . 1. n. 43 , 44. &c. 1. 2. 1. 2. 3. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1. 2. L. Manumissiones , & l. jus civile . ff . de justitia & jure . & in Sect. jus autem . instit . de ju●e Natur. Gentium & civili . 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 1. 2. 3. 4. L. 4. de bene● . 5. 6. 7. 8. 9. 1. 〈◊〉 . tit . 〈◊〉 Synedrio . Josh. 6. 1 Sam. 7. 17. & 13. 8. 1 King. 18 38. 2. 3. Adv. Cel● . 3● L. 1. de non esu anim . 4. 5. 6. 7. 8. 9. Jer. 31. 31 , &c. Psal. 50. & 51. & 40. Isaiah 1. Jer. 7. Micah 6. 10. * Jer. 23. Isaiah 43. Malach. 1. 11. Exod. 21. 6. 1 Sam. 1. 22. 1 Sam. 2. 30. 12. 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 , & 9. 13. Luke 16. 16. Rom. 6. 14. Rom. 7. 4. Heb. 7. 12. Gal. 3. 14. 1. Coloss. 2 , 16. 2. Acts 15. Novel . 58. a In Ap. c. 9 b In Octivio . c Eccles. hist. lib. 5. c. 1. d C. 62. Vide etiam Clemen Alex. Paedag. l. 3. c. 3. Niceph. lib. 4. c. 17. & idem vide●● est apud Lucianum in Pereg. 3. Gen 9. 4. 2. 3. a Ve●s . 4. b Ve●● . 5. Vide 8. Aug. lib. 2. c 6. con●●● adve●iari●● legis & 〈…〉 . 4. 5. 1 Cor. 1● . 25. Pho●yl . 6. Levit. 17. 11. 7. Math. 15. 1 Cor. 10. 25. Rom. 14. 17. ●e jejuniis . 4. Metam . l. 15. Lib. 32. c. 13. cont . Faustum Manich. 5. 1. 2. 3. 4. 5. 6. Levit. 20. ●3 . 7. 8. Cap. 6. explan . in Levit. 9. L. Nemo . de regul . juris . L. 2. de aqua pluvia arcenda . Qu. 64. super Levit. 10. 11. 12. 13. ●● . 44. Isai. ●●anc●● Vict. de Sacram. de read . de● con . 14. Le● , 20. ●● 15. 1 Cor. ●● 16. 17. 18. Papin . stat . Thebaid . 4. 19. 20. 21. Gen. 2. 24. Matth. 19. 5. 22. Hist. animal . l. 9. c. 46. Plin. Nat. hist. ● . 42. Varro de re rustic● , 2. 7. 10 M●an● . 23. Eur. in Andro. Michael Ephe. in Arist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ad Nicomach . Rom. 1. 21. &c. Vide Tiraq . l. 7. connub . n. 22. Xenoph. l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Agath . hist. 2. Lib. 6. 24. C. lex illa . §. incest . 36. q. 1. L. si adult . cum incest . in prin . D. de adult . Text. in authen● ic . de incest . nupt . 〈◊〉 p●inc . co●●at . 1. C. cum secund . leges 〈…〉 . 25. In 5. ad N●● . Plut. in The● , Vide Lucian . l. de sacrificiis , 26. Vide Alex. 〈◊〉 Alexan. l. 1. c , 24. Geni●l . dierum . 27. Metam . l. 9. 28. 29. Quest. ●● . 30. 31. Lib. 12. Annal. 32. L. 〈◊〉 de civit . D●i . c. 16. L. 5. de sinib. Gen. 13. 8. 33. 〈◊〉 15. 17. 34. 35. S. Amb. ep . 66. ad Paternum . 36. 37. * Supra n. 14. 38. 39. 40. De leg . special , 41. Le. it . 21. vers . 2. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Exod. 6. 20. Jer. 32. 12. Num. 33. 53. Numbers 36. Ter. in phor . In Danaidib . Adelphi . Ruth 3. 12. 50. Luke 3. 23. 51. 56. 57. 58. 59. Annal. l , 12. L. 1. ad V. C. L. 4. Anti● ▪ 60. 61. L●●si Nepot . 3. D. de ●it . nupt . ● . conditioni . 2. C de instit . & subst . 62. L. 15. c. 16. de civit . Dei. 63. 64. C. lit . extr . de ●●stit . sponsal . 65. Concil . Tolet. 2. c. 5. Concil . Worm . 66. 67. 68. 69. L. 7. varia● 〈◊〉 70. 71. 72. 73. 74. 75. 76. Cicero de sia . 77. 1 1. 2 2 3 3. 4 4. 78. Lib. 46. 79. 80. 1 1. 2 2. 3 3. 81. Xenophon . l. 5. de Cy● instic . 82. 83. 84. 85. 86. 87. 〈◊〉 . 10 Met. 88. Lib. 15. c. 16. de civis . Dei. 89. 1. Rom. 7. 1● . 2. 1 Job . 2. 7 , ● . 3. Levit. 19. 1● . Hierocles . Tertul. 4. 1 John. 3. 16. Job . 15. 12 , 13. 5. 6. 7. 8. 9. Lib. adv . Jud. Ibid. 10. 1. 2. 3. 4. 5. 6. 7. Lib. 4. c. 26. in princip . 1. 2. Lev. 19. 17 , 18 ▪ 3. 4. 5. 1. Synops. Scripr . tom . 2 ▪ L. 5. contr . Jul. In c. 10. Hos. In 26. Levit. 2. L. 6. strom . Qu. 71. in Ex. a In 20. Exod. b Sup. salv . Reg. 3. L. 3. Antiq. c. 4. L. 3. hom . 8. in Exod. In Carm. * In 6. Ephes ▪ 4. 2. 3. 4. 5. 5. 6. 7. 8. 9. 10. Vid. Manasseh Be● lsrael in Concil . q 30. & Tertul. l. 2. contr . Marcion . c. 12. Gab. Vasquez . disp . 104. c. 6. 11. 12. 13. Deut 4 15. 16. Isai. 40. 18. Acts. 17. 29. 14. 1 Tim. 6. 15 , 16. 4. 5. 6. 15. 16. 1. 2. Act. 2. 3. 3. 2 Pet. 1. 17. 4. 17. 2. 〈…〉 3. 〈…〉 I●● . 42. 2 , ●● . Luke 9. ●● 18. * Si quis dicat quòd Spiritus S. in columba apparuit , & Pater in Veteri Testamento sub aliquibus corpo●alibus form●● ideoque possunt & illi per imagines repraesentari ; dicendum quòd illae formae corporales , non fuerunt à Patre vel Spiritu Sancto assumptae , & 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 personae faciebant in rebus . Durand . in 3. Sent. Dist. 9 q. 2. n. 15. Bibl. Vulg. 19. Idem ●●iam videre est apud Diodo● . S●●●l . S●romat . 1. a l. 7. con . Celi . b de coron . mil. c l. 1. c. 6. praep . Evang. d Orat. contra Gentes . e in c. 40. Is●i . f de fide & Symbol . c. 7. g in Deut. q. 1. h l. 4. de Orth. fide c 17. i l. 2. c. 23. de invent . k Rom. 1. 23. L. 1. in Somn. Scip. c. 2. 20. 21. In c. 7. Acts. Judg. 17. Ep. 31. ad Val. 119. ep . ad Januar. 22. Ut vid. est ap . Bellar. de imag . 23. L. 7. con . Cels. 25. 26. 26. In●●● . Moral . part . 1. l. 9. c. 6. 27. ●●it Rom. p 672. Salve sancta facies nostri Redemptoris , In qua nitet species Divini splendoris , Impressa panniculo nivei candoris . Salve vultus Domini , imago beata , Nes deduc ad propria ● felix figura Ad videndum faciem Christi , quae est pura . … Ave ferrum triumphale , felix hasta . Nos amore per te fixi saucia . 28. L. 1. de Trin. c. 6. 29. 30. In 1 Cor. 8. L. 4 p. ●● 31. De spect c. 23. S●●ma● . l. 6 & in Protrep . p. 41. ed●● Paris . L. 4. con . Cel● . D● idol . c. 3. L. 2. c. 22. adv . Marcion . * Sup. r. 6. n. 10. De idol . c. 5. De idol . c. 6. 32. De idol . c. 7. S●ro●●● . 33. L. 7. con . Ce●● . 34. L. 2. c. de orig . erroris . Judges 17. 5. 35. 〈…〉 . Syn. 7. Act. 6. An. Dom. 753. Senon . 2. c. 20. 36 37. Syn. 7. Act. 5. 38. 〈…〉 a Legat. pro Christian. b L. 6 adv : Gentes . c L. 2. div . inst . c. 2. in init . d De civi● Dei l. 8. c. 23. & in Psal. 113. conc . 2. & l. 3. de doctr . Christ. e Dec. 3. l. 3. f Recog . l. 5. Lucil. Consult . loc . de imagin . De invent . rer . In Decal . parc . 1. c. 66. Pontific . Rom. Vid. Missal . Rom. sub tit . Der●tu servan . Pietro 〈◊〉 Hist. delle Ind ▪ l. 20. c. 11. 40. 41. L. 4 , c. 31 , 32. de idolatr . L. 3. ad Quirin c. 59. &c. 1. de exhort . Marty . Origen . hom . 8. in Ex. l. 15. contr . Faust , c. 4. & 7. 42. 43. L ● c. 4● . Homer . S. Aug. l. 4. de Genes . ad li● . c. 11. 44. 45. Apol. 2. 46. 47. 48. 49. ● Acts. 15. 21. Can. 16. A. D. 364. 50. Epist. ad Mag. L. 7. c. ●● . L ● 51. 52. Coloss. 2. 16. 1. Cor. 12. 17. 53. Can. 29. 54. Gal. 4. 10. In hunc locum Apud Euseb. 55. Contr. Adam . Man. c. 16. ●●i . ●6 . 23. 56. Ep ▪ 59. ad . Fid. 〈◊〉 119. ad Januar. Can. 13. Can. 1. In Psal. 118. 1 Co● . 10. 2. Apoc. 1. 1● . 57. Macrob. 58. Acts 15. 21. V. Act. 13. et . 14. 27. 44. Luk. 4 16 31 , & 13. 10. 59. Ep●ad Magn●● . L. omnes c. de fer●is . 60. 61. Ibidem . Apol. 2. L. 11. ep . 3. L. omnes 3. Cod. de feriis ▪ Can. 21 , In Itinerat . L. de decem chordis . c. 3. Gloss. ordinar . in 28. Matth. 62. In Decal . 63. 64. 65. Eurip. 66. 67. ●● hunc locum . 68. 69. Vid. Aquinat . 12. q. 95. art . 2. 70. 〈…〉 1● . 71. 72. 73. 74. 75. 76. 77. 1. 2. John. 6. 68. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Cic. pro Mil. Ovid. 22. 23. 24. 25. 26. Seneca de vita beata . c. 2. 27. 3 3. 4 4. De Virgin. 5 5. 6 6. 2 Mac. 15. 28. 29. 30. 31. 32. 33. 34. 35. Foxe Martyros . S. Cyprian . ● Pet. 2. 21. Hiercel . in ca●m . aur . 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 3 49. 50. 51. 1. 2. 3. 4. 5. 6. 7. Matth. 5. 28 , 29 39 , 40. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1. 2. 3. Mark. 16. 1. Gal. 5. 21. 2. 3. 4. 5. Hebr. 13. 6. 7. 8. 9. 10. 〈…〉 1. c. 8. Rom. 13. 14. 2. 3. 4. 5. 6. 7. 8. 1. Per Scriptor Diognetum . 2. Matth 6. & Math. 23. Deiis qui tardè à Numine pu●iuntur . Matth. 12. 34. 15. 19. 3. 4. 5. 6. 7. 8. Rom. 12. 1. 8. 1 Cor. 13. 9. 10. James 2. 15. 1. 2. Lib. 3. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. Joel . 2. 12. Cap. 2. Rul . 5. 3. 1. 2. 3. 4. 5. 1 King. 8. 3● . 6. 7. 4. 2 Cor. 11. 27. 2 Cor. 6. 4. Acts 13. 3 , 4. 1 Cor. 7 5. 5. Luke 2. 6. 7. 1. 2. 3. 4. L. 1. c. 2. Ubi supra . 5. In 1 Cor. 11. Gal. 1. 6. 〈…〉 1 Cor. 11. 23 , 24. 7. Ap● . 2. 1 Cor. 21. 25. 8. 9. 10. Hebr. 8 4. 11. Matth. 26 41. Matth. 18. 3. In 1 Cor. 11. Ration . l 4 c ▪ 1. 12. Ep. ad Philad . Sup. 1 Cor ▪ 11. & sup 2 Cor. hom . 18. 1 Cor. 1. 1 , 2. 1 Cor. 11. 13. 14. Lib. 2. ep . 3. 15. Can. 14. 16. 〈…〉 〈…〉 17. 〈…〉 . 2. 18. De 〈◊〉 c. 6. & 26 q 6. C. 15. in decr . 〈…〉 A●gypt . De consecrat . 〈◊〉 . 2. Can. 〈◊〉 omne . 19. L. 2. c. 35. 20. 3 part sum . Q. 80 art 12. 4. 〈…〉 11. ar● . ● . q. 1. 21. 22. 23. Rom. 4 25. Rom. 5. 9. 24. L. 6. ep . 11. 25. 26. 27. 28. 29. 10. Quaest. 32. memb 1. art 2. Quaest. 53. a 4. Sent. dist 8. art . 13. b 3. part . Sum. q. 66. art . 2. c ●●ist ▪ 8. q. 2. d dist . 11. art . 1. 31. Gal. 3. 15. Chrysost. hom . 18. in 2 Cor. L. 2. ep . 3. 1. 2. 3. 4. Ecclus. 43. 30 , 31 , 32. 5. 6. * Doctrine & practice of Repentance . c. 3. 7. 8. * Vide Book 1. Chapt. 5. Rul . 8. n. 16. &c. usque ad finem . 9. 10. 11. 12. 13. 14. 15. 16. 17. 1. Chap. 1. R●● 12. 2. 3. 4. 5. 6. * C. proposuit . de concess . praebend . ● . 20. 7. * In c. quae in Eccles. inconst . n. 19 , 20. 8. Can●s re●ect . 〈…〉 5. ad finem . 9. Psal. 15. 1. 2. 3. 11. 12. Matth. 16. 19. Matth. 18. 18. John 20. 23. 13. 14. 15. 16. 17. 17. 18. 19. 20. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. Cor. 7. 11. 12. 13. 1. 2. Juvenal . l. 5. Satyr . 15. 3. 4. 5. 6. 7. S. August . de vera relig . c. 55. Non sit nobisreligio in phantasmatibus nostris . Melius est enim qualecūque verum quam omne quicquid arbitrio cogi potest . Lib. 1. de consens . Fvan● . cap. 18. 8. De●●● 12. 32. Vers. 8. 9. Matt. 15. 8 , 9. Mark 7. 7. 10. 11. 12. 13. 14. 15. 1 King. 8. 18. 16. 17. 2 Sam. 7. 5. 1 Ch●on . 22. 8. & 28. 3. 18. S. Chrysost. in Rom. 8. * Doctrine & pract . of Repen cap. 1. 19. 20. Socrat. lib. ● . c. 22. 21. 22. * Joh. 16. 23. 23. 24. 25. Isa. 1. 11 , 12 , 13. 1 Cor. 7. 37. 26. 27. * Multi commentariorum & 〈◊〉 versiarum scriptores ex his verbis 〈◊〉 , homines illius seculi novos rius , no●●s ceremoni as & religionis formas instit●isse ; quia scil . certum est , ab exor●●o humani generis homines Deum colu●se , atque adeò invocasse nomen Domini . Hoc ergo quod quasi de novo factum 〈◊〉 , est institutio novorum rituum , quibus quasi de proprio Deum ●olere volucru●● At notandum est in horum verborum sensu nihil esse certii quod ad hanc rem possit pertinere . Nam passim in Hebraeorum cōmentariis seculum Enoch tanquam impium memoratur : Et Hebrai expon●re solebant hunc locum quasi sensus esset , tunc cum Enoch natus 〈◊〉 homines pr●fanasse nomen Domini invocando nomea ejus super Creatur●s , sic ●●●rbum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , derivatum scil . à voce Colin , i. e. pr●sana , profanasse interpret●● sunt : homines sc●● tunc coepisse appellare ●●lios hominum , & animalia , & herb 〈◊〉 nomine Dei sancti benedicti . Abenez●● a. & Abrabaneel simpliciorem horum ●erborii sensum re●inuerunt : caeperu●● scil . commemorate creatorem suum , & ad nomen ejus opera & orationes dirigere . a a 12 de Statuis . b ad Quest. 83. 28. Ethic l. 1. c. 7. * Lex Dei mentem nostram incendens , eam ad se pertrahit , conscientiámque nostram vellicat quae & ipsa mentis nostrae lex dicitur . Damascen . lib. 4. cap. 23. de fide . ●ibi Clichtovaeus sic exponit , lex mentis nostrae est ipsa naturalis ratio Dei legem habens sibi inditam , impressámque & insitam qu bonum à malo interno luminc di●adicam ●● . S. Hieronymus episi . 151. ad Algasi . q. 8. hanc legè appellat legem intelligentiae , quam ignorat pueritia , nescii infantia , tunc a venit & 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 irrationalem . Hoc dixit imperfectè , quia ratio naturali● ta●●m est maieria legis naturalis . Rectiusa . S. Augustinus , l. 2. de sermone Domini in monto , Nullam animam esse quae ratiocinar● possit , in cujus conscientia non loquatur Deus : quis n. legem naturalem in cordibus hominum scribit nisi Deus ? hoc scil . innuens non rationē solam , sed Deum loquentem ex principiis nostra rationis sanxisse legem . Idem dixit explicatius , l. 22. contr . Faustum c. 27. legem aeternam esse Divinam rationem vel voluntatem ordinem naturalem cōservari jubentem perturbari vetantem . 29. Levit. 17. 11. D. ● 30. Lib. 6. c. 18. Num. 7. * In Epi●● . de perfidia Euic●●● & libro super illud , Omnia mihi : radia sunt . Antiq. Jud. l. 1. c. 3. 31. Hebr. 11. Lib 1. & lib. 2. de legibus . Videl●● dial . to de legibus . 1. 2. 3. Clem. Alex. ●●onat . 7. 4. in . Matth. 〈◊〉 . O●a● . contra . Gentes . in cap. 3. ep . Rom. S. Cyril . Hierosol . 〈◊〉 . 12. illumin torum . Catech. 4. illuminat . in Psal. 89 Idem in Matth cap. 23. Homil. in Psal. 95 ad Euoptium . Dialog . 1. cap. 6. Contra Maximinum lib. 3. cap. 14. * 〈…〉 & remigant animi popul●rum . Nemo vobis credat , nemo nobis : 〈…〉 sunt Judues si Christiani , de utra●que parte dari non possunt , quia studtis 〈…〉 et Ju●ex : si 〈◊〉 , non potest nosse Christiana secreta ; si Judaus , inimi●us est 〈…〉 Ergo in 〈…〉 : de coelo quarendus est Judex . Sed ut 〈…〉 cum ●●beamus in E●●gelio testamentum ? Optat. lib. 5. contr . Parmen . 〈…〉 didici hunc 〈◊〉 honoremque deferre , ut nullam eorum scribendo 〈…〉 ut quantalibet 〈…〉 polleant : non ideò verum putem quia ipsi 〈…〉 per illo● auti●●● Canonico● , vel probabilit 〈◊〉 , quod à veritate non abhorreat , persuadere 〈…〉 August 〈◊〉 19. ad 〈◊〉 . 〈…〉 , quae Canonica in Ecclesia nominantur , perspiciuá aliquid firmatur authoritate , 〈…〉 est , Aliis vero testibus vel testimontis quibus aliquid credendum esse suadetur , tibi credere 〈…〉 &c. Idem Epist. 112. Vide cundem libr. ad 〈…〉 ●●llationem cap. 15. & lib. de Unitate 〈…〉 . 6. De 〈◊〉 carnis cap. 3. T●act 23. in M●●h . 〈…〉 Ho●●● . 58. in Johan . Ad illud . ad docendum ] in 2 〈◊〉 . 3. 〈◊〉 . 7. De script . Eccl. de S. Joh. Chrysost. 8. Tract . 2. in Epist. Johan . 9. ● . C●● cap. 12. Cap. 22. Homil. de fide . In Asceticis , 〈◊〉 80. Lib. 3. contra liter . Petiliani , cap. 6. De vocat . gentium in 20. tomo operum Ambros. l. 2. c. 3. lib. de Trinit . & persona Christi . Paschali 2. In Agge . c. 1. in Regni . bre●● reg . 95. in Reg. brev . reg . 1. Advers . Hermogen . Cap , 22. Lib. 2. cap. 47. Lib. 4. cap. 66. Apud Theodoret . hist. Eccles. l. 1. c. 6. & apud Gelasium Cyzicenum in actis Concil . Nicen. l. 2. c. 7. Orat. contra Gentes in initio Homil. 9. in 2. T●m . Homil. 9. in ep . Coloss. Homil. 58. in Johan . Homil. 41. opi . 〈◊〉 . in Matth. l. 2. c. 9. de doctri . Christiana . Collat. l. 1. c. 1. 〈…〉 . 〈…〉 c. 1. ●omil . 9. in 〈◊〉 . lib. 1. de ortho fide c. 1. in Levit. q. 9. in Michae . c. 1. lib. 7. contra Julian . lib. 8. anagogicae contempl . in Hexaemeron . Rupert . Abbas Tuitiensis Comment . in lib. Regum . l. 3. c. 12. Lib. 1. contr . Eunomium . Homil. 12. in 3. Philip. 11. Lib. 3. cap. 1. Tract . 49. in Johan . Exposit. 2. Psal. 21. contr . Parmen . l. 5. Lib. 2. Hist. cap. 34. 12. 13. 14. 15. 16. 〈◊〉 15. Epist. 74. ad Pompei . ●●b . 3. contra 〈◊〉 . Lib. 3. cap. 4. 17. a Lib. 3. hist. cap. 25. b Lib. de viris illustr . 18. Lib. 2. cap. 2. Lib. 2. cap. 24. Hist. lib. 5. c. 27. S. Basil. l. 2. contr . Eunom Tract . 97. in Johan . 19. 20. Lib 5 c. 20. 21. 22. 23. 24. 25. De author . S. Script . l. 3. p. 53 Tom. 1. contr 1. de verbo Dei cap. 19. In colloq . Ratisbon . lib. 3. c. 3. contre le Roy Jaques , & l. 2. c. 7. de Euchar. cont . Du Plessis & cap. 5. obser . 4. Resp. ad quaest . 9. Jacobi Regi● Epiphaen . haere . 69. * S. Ambros. c. 5. lib. de side cōtra Arianos . S. Aug. tract . 97. in Johan . & epist. 174 , & 178. S. Athanas. in libel . de decret . Synod . Nicen. Tertul. adv . Praxeam . Theodoret. Dial. 2. c. 4. Salmero , disp . 4. in 2. ad Timoth. 26. 27. Summa Theol. p. 1. tit . 10. c. 3. de Indulg . fol. 202. Venet. 1582. Vtle etiam 〈◊〉 . cap. 2. dexs Indulgent . Na●●r . Comment . de J●●al . & indulgent . Biel lect . 57. in Can. Missae . * De cultu Sanctorum cap. 9. § praeterea . a Contre le Roy de la Grand Bretagne , p. 1009. 28. 29. L. 1. Stroma● . Lib. 2. cap. 39. 31. 32. Exod. 17. 14 & 34. 27. Job . 19. 23 , 24. Psal. 102. 19. Isai. 30. 8. Jer. 30. 2. Revd. 1. 11 , 19. & 21. 5. 33. 34. 35. Homil 26. in Matth. 36. 37. 38. 39. In cap. 6. Johan . n. 11● Vide Hierem. Patriar . C. P. doctr . & exho● . ad Germanos . 40. 41. 42. 〈…〉 . 〈…〉 23. 〈…〉 6. 43. 1 pist . 10. Lyra in Matth. c. 16. 44. 45. 46. * Vide 〈◊〉 9. 47. O●● . 2 co●●● Eunomiu● . Lib. 2. de Trinit . cap. 5. & cap. 6. contr . haer . l. 2. tom . 2. 48. S. Greg. Nys●●n . ibid. Lib. de Spi●● c. 1. * Nónne perspicuum est , ista , tametsi non dicantur , tamen ex illis colligi quae haec necessariò efficiant ac probent ? Quae tandem ? Ego sum primus , & post haec , & ante me non est alius Deus , & 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 & Ingenitum appellasti : quod autem nunquam defiturum sit , Immortale , exiti●que expers . Nazianz. lib. 5. Theol. interprete Jacobo Billio . Et infra , Cum ergo in nominibus & rebus tantum discrimen reperiatur , quid causae est cur literae tantopere s●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 . & mortale diceres , hominem esse concluderem , an tibi viderer delirare ? Neque enim verba magis sunt ejus qui loquitur quam illius qui loquendi necessitatem simul affert . 49. 50. 51. 〈…〉 52. 53. 54. Lib. de fide , ● 28. 55. Lib. de Script : Eccles. in Luca 56. C. Pli. A● . Dom. 532. 〈…〉 Lib. 4 cap. 2. 〈◊〉 Ma ●cion . Dial. adv . Luciferianos . 57. Lib. 1. c. 1. Frima parte Concil . Ephes. cap. 25 58. Lib. 2. de Trinit . cap. 6. 59. Apud Facundum lib. 10. cap. 5 60. 61. Epist. 74. ad Pompeium . 62. 63. 64. Senec. ep . 9● . Leo. 2. cap. 45. 65. Joh. 11. 26 , 27. Ma●h . 16. 16. John 6. 69. Joh. 17. 3 Joh. 20. 31. Rom. 10. 8 , 9. 1 Co● . 2. 2. 1 Cor. 15. 1. 1 J●k . 3. 23. ● Cor. 3. 11 , 12 , 13 , 14 , 15. 1 Joh. 4. 2. 1 Joh. 5. ● . 66. Act. 2. 24. & 3. 15. Act. 8. 12 , 3● 38. Acts 9. 20 17. 2. Acts 16. 31. 67. Ad Magnes . Ad Philip. Coll. cum Tryph. 68. Lib. 3. cap. 4. 69. De vela●● Virgin. cap. 1 70. 71. 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 〈◊〉 115. de 〈◊〉 & ●erm . 131. De 〈◊〉 ●ymb . 72. 73. 74. August . contra epist. Fundam c. 4. 75. 76. Lib. 2. de Trin. in princ . 77. 78. 79. 2. 2● . q. 1. a. 10. August . Tri. de Ancona q. 59. art . 1. Novum Symbolum condere solum ad Papam spectat , quia est caput fidei Christianae , cujus authoritate omnia quae ad fidem spectant firmantur & roborantur . Idem art . 2. Sicut potest novum Symbolum condere , ità potest novos articulos supra alios multiplicare . Tom. 13. part . 3. disp . 6. § est ergo . 80. 81. 82. 2 Co● 1. 24. 1 ●et . 5. 3. Cod. lib. 1. de span● § Cum ●ecta . 83. ●ib . 2. biblioth . 5. Lib 1. advers . haeret . cap. 13. See Liberty of Prophes . sect . 1. 1. 2. In Psal. 226. 3. 4. 5. 1. * 1 〈…〉 book . De●ll 〈…〉 l. 2. 〈…〉 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 〈…〉 11. L. 5. cap. 2. siect . 4. n. 23. Idem sect . 3 . n. 21. 12. 13. 14. 15. 16. * Ubi supra sect . 3. 17. 18. 19. 〈…〉 Prov. 1. 24. Rom. 2. 4. 20. L. 5. prax . 〈◊〉 poenit . cap. 2. sect . 4. n. 23 21. 22. 23. Ovid. 24. Lib. 1. de remed . amoris . 25. Apud Reginaid ubi supra . Ecclus. 5. 7. Eu●● . Auson S. Greg. Naz. in Sanct. Bapt. 26. Revt .. 2. 5. 27. Menand . 28. 29. 30. 31. 32. 33. 34. 35. 26. Dan. ● 37. 38. 39. 1. 〈…〉 c. 17. 2. 3. 4. 5. 6. * Lib. 2. Ch. ● . Rule 6. Nu. 65. * Rule 9. num . 7 , 8 , 9. 7. In Levit. qu. 57. In 1 Cor. 11. Rationale Divin . lib. 4. cap. 1. In 1 Cor. 11. homil . 24. 8. 9. 10. 11. 〈…〉 * Great Exemp . Disc. of Bapt. of Infants : Liberty of Proph. Sect. 18. edit . in folio . 2. 3. 4. 5. 1. De Virgin. veland . 2. Cap. 29. de Spii . 9. 3. 4. Ad Juba●● . 5. 〈…〉 6. Hist. compend . fere in initio , pag. 25. 7. 8. Epist. 58. 9. Juven . Sat. 2. 10. Ad Pomp●● , 11. 12. Orat. de vita S. Gregor . Thaum . Annal. A. D. 44. § 88. & A. D. 58. §§ . 76 , 77. & in Martyrol . ●ebr . 2. a De inventor . rerum lib. 5. cap. 2. b Lib. 2. cap. 9. & lib. 5. de origin . dignit . Gall. cap. 17. c Lib. de religione Romanorum in fine . d In lib. 1. & 2. de Roma triumphante . e Lib. 1. de purgatorio cap. 7. §. Tertia ratio . f Adv. Regem Jacobum in prima instantia cap. 1. 13. a De divinis Offic. b De offic . Eccles . c De consecrat . 14. Deuter. 7. 5. & 12. 4 De orat . cap. 12 Concil . Antisodor . c. 1. Concil . Turon . 2. Can. 13. 15. Can. 34. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1 Joh. 3. 2 , 3. Notes for div A63844-e140600 1. 2. 3. 4. Lib. 1. Rule . 1. 5. 1 Cor. 7. 23. 6. 7. 8. 9. 10. 11. Prov. 8. 15. Wisdom 6. 3 , 4. Rom. 13. 1 , 2. John 19. 11. a L. 2. retract . c. 9. & ep . 105. ad Sixtum . b Cap. 20. lib. contr . collatorem . 12. 1 Pet. 2. 13. Rom. 13. 5. c In Rom. 13. c In Rom. 13. c In Rom. 13. d Ep. 54. ad Maced . Vide etiam S. Hieron . in c. 3. ad Titum . e Cap. placuit 16. q. 6. & in l. extat . ff . quod metus causa . f Gl. in cap. Jus gentium dist . 2. verbo Sedium . Capp . 1 , 2 , 23. q. 2. l. ait praetor . §. si debitorem . ff . de his quae in fraud , Creditorum . 13. 1 Cor. 7. 12. Lib. 5. Ethic. cap. 7. 14. 15. Unum necessarium Chap. 3. p. 101. 16. Lib. 2. de Baptis . c. 6. John 20. 17. 18. De Sepultur . cap. corripiantur . c. 25. q. 3. gl . ad verbum [ Major . ] Lib. 10. ep . 83. 19. * Numb . 16. 20. 21. 22. Lib. 1. de praecept . & dispens . c. 11. Cap. 12. Lev. 26. 15. Lev. 26. 15. Gloss. in cap. Metropolitanum 2. quaest . 7. 23. 24. 25. 26. 27. 28. Isai. 33. Luc. 1. Apoc. 1. & cap. 19. * 1 Pet. 2. 15. * See the Doct. and Pract. of Repent . chap. 4 p. 173. Galat. 5. 13. 1 Cor. 7. 20. 21 , 24. Lib. 3. instir . cap. 19. § 10. James 1. 25. Rom. 8. 12. Rom. 8. 1 , & 14. 1 Cor. 8. 9. Rom. 8. 22. Acts 13. 33. 1 Cor. 7. 23. Verse 24. Vide etiam Francisci de Silvestris opusculum de Evangelica libertate . 29. If a man have but a right understanding that it is all one before God to eat flesh o● 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 Calvin [ lib. 3. cap. 19. §. 10. instit . ] 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 . 1 Pet. 2. 19. De benefic . 3. 2. 2 ae q. 104. art . 5. 30. 31. 32. 33. 34. 35. Col. 3. 23. 36. 37. 38. 39. 40. 41. 42. 43. 44. Vide Rule 6. of this chapter . Rule 4. of this chapter . 45. 46. Orat. 17. Apolog. 2. pro Christ. Lib. 1. de praecept . & dispens . c. 11 , 12. * Videat lector Latomi librum [ de Ecclesia & legis humanae obligatione ] & Claudium Carninum [ de vi & potestate legum humanarum ] Cajetanum verb ▪ praeceptum , Navarrum , Card. Toletum de hac materia in libello de 7. peccatis mortal . 1. 2. 3. Lib. 1. Offic. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Lib. de bono conjug . cap. 16. 15. 16. 17. 18. 2. Clement . Exivi de Paradiso , de verb. signif . 3. * L. in causae . § ▪ idem ●omponius . ff . de minoribus . & l. item si precio . §. quemadmodum . ff . locati & conducti . Levit. 19. 1 Thes● . 4. 4. Cap. at si Clerici . in princip . de Judi ▪ Rom. 14. 5. Cap. 10. Epist. 91. Claudian . ad Honor. L. 1. ff . de legibus . In Hippia . Lib. 3. cap. 3. Ethic. lib. 8. c. 10. Lib. 4. Eth. cap. 1. Ubi suprà . De Clemen● . 1. 6. 7. 8. 9. 10. 11. 12. 13. 14. Lib. 3. de legib . cap. 30. ● . 11. 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. De Poenit. 7. 8. L. 18. ff . de poenis . l. fugitivus . ff . de verbor . signific . 9. Novel . 135. 1. Vide etiam Authent . ut factae novae constit . De benefic . q. 22. n. 14. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. Lib. 2. Polit. c. 6. § leges dist . 4. l. dequibus ff . de legibus . Apolog. c. 4. 6. 7. 8. 9. * Rule 3. Panormit . c. cum olim . de cleric . conjug . 1. Cap. 2. de constitut . n. 6. L. omnes populi de justitia & jure . 2. 3. 4. 5. L. Qui non facit ff . de regulis juris . 6. 7. 1. Vide A. Gellium lib. 1. cap. 13. 2. 3. 4. 5. 1. * Nemo sibi putabit turpe quod aliis fuit fructu●sum . Patercul . lib. 2. in princ . 1 Chron. 29. 12. 1 Tim. 6. 15. Psal. 82. 6. 2. Rom. 13. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. See the Doctr. and Practise of Repentance , chap. 5. sect . 5. p. 280. 17. ●hilippi● . 8. 18. Gen. 9. 6. Lib. 4 Lib. 4. Etymol . c. 21. & habetur . dist . 4. can . factae sunt leges 1. 2. Exod. 21. 25 , 26. 3. Lib. 2. chap. 2. Rule 3. n. 8. 4. Levit. 22. 14. 5. Num. 5. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6. 1 Cor. 11. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. De superstitione . Lib. 2. Ennead . 1. 18. 19. 20. 21. 22. 23. Lib. 1. Offic. 24. 25. 26. 26. Lib. 2. ordinat . Regal . tit . 9. l. 1. Ibid. tit . 15. 27. 28. Cap. Caeterum , & cap. Nonnulli de rescriptis . cap. Novit . in fine de his quae fiunt à praelato . 29. Lib. 17. cap. 7. Noct. Attic. 30. Virgil. lib. 4. Aeneid . & lib. 4. Geor. Alph. à Castro lib. 2. de leg . poen . cap. 7. 31. Lib. 1. de Divinat . Epist. ad Attic. Cap. in poenis de reg . ju● . lib. 6. 32. 1. 2. Lib. de mendac . c. 13. 3. 4. Vide Diogen . Laert. in Zenon . Alexander Aphrodisaeus in 2. de anima . Lucian . in Macrob. Galen . 5. de loc . affect . Plutarch . in Pericle . Suidas . ●lin . l. 1. ep . 12. * Lib. 15. a In Phaedon . Platon . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 4. c Annal. 6. Vide Front. Ducaeum Tom. 1. S. Chrysost. n. 628. Lib. 3. de Virgin. In cap. 1. Jonae , in haec verba , Mittite me in mare . §. quod si ff . quod metus causâ . 5. Hii●or . Sep●entr . Exposit. in Johan . tract . 52. Et lib. 19. de Civit. Dei. Bell. Judaic . l. 3. c. 25. Lib. 3. Ethic. cap. 7. & lib. 5. cap. ult . Metamorph l. 7. fab . 25. Ubi suprá . 7. Lib. 1. cap. 20. de Civit. Dei. Eth. Nic. li. ● . cap. 11. 8. 9. Lib. 3. Instit. cap. 18. 10. Lib. de Senect . Somn. Scip. Vide Platonem in Phaedone . Lib. 1. Tuscul. Ad Carm. aur . Pyth. Jamb . 18. 11. In 12. Aeneid . 12. Lib. 5. c. 11. Eth. 13. 1 Macc. 6. 43. 14. 15. 16. Orat. de Provinciis consularibus . Adv. Jovinian . Lib. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gal. 1. 4. Gothicor . 4. Lib. 6. c. 70. Aeneid 6. a Lib. 1. de civit . Dei , c. 20. 21 , 26. ep . 61. ad Dulcit . & l. 11. contra 2. ep . Gaudent . c. 23. b Excid . Hieros . 3. c. 17. c Epitom . log . c. 4. d Aethiop . 2. 1. 2. Exod : 22. 1. Ibid. Can. Miss . de consecrat . dist . 1. * Tacitè per●issum est quod sine ultione prohibetur . Tertull. 1. adv . Marc. 3. 4. 5. Lib. 1. Retract . c. 9. A. Gellius , lib. 20. cap. 1. 6. 7. 8. 9. Lib. 1. Offic. 1. Lib. 12. variar . hist. Lib. 6. de Rep. Clem. Alex. lib. 6. cap. 4. 2. 3. Prov. 13. 5. 30. 8. Psal. 5. 7. Col. 3. 9. Revel . 21. 8 , 27. 4. 5. S. Gregor . lib. 26. Moral . cap. 7. Epist 8. ad Hieron . Eurip. in Phoeniss . Lactant. 6. instit . 16. 6. 7. 8. Luc●● . Niceph. 16. c. 35. 9. 10. Homil. 5. de poenitent . Natali 5. S. Felicis . In Philopseu . Lib. 5. Constit. cap. 37. Lib. 3. Epist. 16. Quaest. 68. in Levit. 11. Ovid. 3. 〈◊〉 . 12. Sophocl . in Creusa . Caus. 22. qu. 2. c. Nequis . Lib. de pudicit . De mendacio , ad Consentium . 13. Lib. de mendac . cap. 13. 14. Num. 16. 15. 16. Habetur in compendio Navarri per Petr. Guivar . edit . Antverp . 1595. pag. 93. Pagina 82. Vide Compen . impress . Lugd. 1641. pag. 335. 17. S. Aug. lib. de bono viduit . cap. 22. 18. De verbi Apost . Dorotheus doctr . 2. n. 11. Eth. lib. 4. c. 7. Evagr. lib. 1. c. 15. hist. Niceph. lib. 14 c. 55. 19. Pindar . 2 Kings 6. 19. Lib. 1. de Sacerdotio . Livius l. 3. 29. Val●● . Max. Iliad . 8. De offic . l. 1. c. 29. Epist. 1. ad Bonifac. Hi●ius , Bell. Gallic . 8. c. 3. Cicero , lib. 3. Offic. Vide Orat. Cicer pro C● Rabirio . Appian . bel Civil . 1. Stromat . l. 1. c. 13. 20. Qu. 10 , & 11. in Josu● . Virg. L. 1. ff . de dolo male . Lib. 17. 21. a 5 Politic. c. 17. b Lib. 10. Pol. c. 38 , & 46 , 47. Sanazar. 1. Epig. 22. Lib. 2. Antiquit . 23. Lib. 3. de rep . 24. 25. 26. 27. 28. 29. Lib. 6. in 1 Reg. c. 3. 30. 31. Isa. 38. 32. Theophylact. in 24. Matth. Moral . lib. 10. c. 27. 33. 34. S. Aug. de conflictu virt . & vitiorum . 35. 36. 37. 38. 39. 40. 8. l. Hist. c. 22. 41. 42. 43. ● . 2● . q. 3. art . 1. 44. Lib. de discipl . & habitu . virg . Orat. 21. 45. Vide Senecam epist. 115. 46. Epist. 99. 47. * Vide Aq●inat . in 3. ● . dist . 38. art . 3. ad 5. 48. Lib. 4. Eth. c. 7. 49. Vide in fine li. 1. de Sacerd. Serm. of Christian simplicity . 50. 1. 2. 3. Deut. 13. 9. 4. 5. 6. 7. * Jubet Deus ut manus nostras super minores semper habeamus , hoc est , ut peccantes eos assiduis verberibus corrigamus , n● amore inuili & indulgentia nimi● e●u●entur ad malum , & ad vitia nutriantur , Lactant. lib. 6. instit . 8. C●d . rubr . quando liceat se sine judice vindicare . 9. Rom. 12. 19. 10. 11. 12. Caus. 2. qu. 5. c. 22. monomachiam . Decret . tit . de vulgari purgat . 6 Stows Annals . 25. of Henry 13. 14. Lib. 5. hist. Ital. in Dobunis . Bald. 5. conf●● . 493. Horat. epist. l. 1. ep . 2. a De lingua Latina . b in verb. Duellum . c Amphitruo . d in lib. 1. Annal. Enn. e de Rep. lib. 1. cap. 26. f lib. 1. c. 3. g lib. 2. c. 8. h de Singul. certam . c. 3. i de Rep. c. 4. l. 7. k conclus . 76. l de Jure belli , lib. 1. c. 3. 15. Juvenal . De amicitia . 16. 17. 18. Vide Great Exemplar , part . 2. p. 363. * apud Lysiam . Serm. 2. 19. 20. 1. 2. 1 Cor. 6. 20. 3. 4. 5. Lib. 20. cap. 1. 6. Oratione pro Quintio , apud Livium , l. 6. 7. L. 1. C Theod. Vide Raevardum ad Ll. 12. Tabul . c. 8. Lib. 1. Cod. Theod. qui bon . ex leg . Jul. ced . & l. si victum . ff . de re judic . l. 2. C. de exact . tribut . l. 10. 8. In Rullum . In Catilin . 9. Lib. de Nabuthe , cap. 5. Offic. lib. 1. 10. Lib. de Tobia cap. 10. 11. Lib. de Tobia cap. 8. 3. p. q. 41. in 4. a. 4. Corol. lar . 3. in 2. 22. q. 108. a. 4. ad . 2. 12. Livius l. 38. Sueton. in Julio , c. 69. in August . c. 24. Livius l. 36. Lib. 45. a Lib. hist. 6. b Lib. 14 , & 17. c In Crasso . d Civil . 2. e Lib. 48. f In Opilio Macrone . 13. 14. 15. 1. Rom. 13. * Ad hoc tributa praestamus , ut propter necessaria militi stipēdium praebeatur . S. Aug. lib. 22. c. 74. c. Faust. Manich . Cicero prolege Manilia . 2. Lib. 5. Eth. cap. 8. 3. Matth. 22. 21. Rom. 13. 7. In Apolog. In 1. Reg. 14. 11. q. 1. c. 28. * Vectigalia sine Imperatorum praecepto , neque Praesidi , neque Curatori , neque Curia constituere , nec praecedentia reformare , & his vel addere , vel diminuere licet , ff . de Publican . l. 10. Vectigalia nova nec decreto civitatum institui possunt , Sever. C. de vectigal . nov . instit . non post . l. 2. & Gallien . l. seq . ait , Non solent nova vectigalia inconsultis principibus instituti . 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 solemniter sanciente , vel epistolis praecedentibus , Constantin . l. 8. C. de excusat . mun . lib. 10. a Deuter. 20. b Tacit. hist. l. 4. c Lib. 1. ad Quintum fratr . ep . 1. 2. 3. 4. d Pra●crea cum pedagia , gui lagia , salinaria tibi legatus interdixerit , authoritate Apostolica duximus declarandum , illa esse pedagia , salinaria , guidagia interdicta , quae non apparent Imperatorum , vel Regum , ●el Later an●nsis Concilii largitione concessa , vel ex antiqua consuetudine à tempore cujus non extat memoria introducta . Innocent . 3. de verb. signif . c. super quibusdam , § 1. 5. L. Universi . C. de vectig . & l. omnium . C. eod . 1. 2. 3. 4. 5. 6. * Quid est publicanus ? N●nne caput rapinae , & lex violentiae ? Quid est publicanus ? Praedo sine pudore , medius exterminii . Nónne immanior furibus publicanus ? 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 , & armis innocentiae spoliat , vulnerat , occidit Innocentes ? lege utique legem per●ertit , & dum urget ad legem , exlex est , Laurent . Episc. Mediol . in Homil. Juvenal . Sat. 8. 1. 2. 3. Lib. 53. In Arg. trag . supplic . Decad. 1. l. 9. 4. 5. De Magistrat . August . 53. Tacit. in Agric. Lib. 7. De benef . cap. 4. Ibid. cap. 5. Cap. 6. 6. 4. ad Herennium . 7. 1 Sam. 8. Deuter. 17. 8. Contr. Christian . 9. 1 Consil. 245. 10. 11. 12. Illust. Quaest. 1. 1. 2. Instit. d. tit . 2. 3. 4. 5. * Vestri consilii , vestrae prudentiae est spectare quid deceat vos , non quantum liceat . Cic. pro Rabitio . Hieron . Muscornus tract . de Jurisdict . & Imp. Principes qui Superiorem non habent , plus puniuntur à Deo , & itaque caveant sibi , ne peccent . Castr. 11. C. de jud . * Vindicta certè maxima in nobis siua est . Cogunt timere ? odisse rursum possumus : jus●a odia superant omne vindictae genus . Meursi . 6. 〈◊〉 . 4. 〈◊〉 . Lib. de regno Apud 〈◊〉 . 7. In Eph●● . 6. 8. In Martyrol . Rom. 9. 10. 11. L. 3. C. de r●sta . L. 6. C. qui test . ●●c . po . 12. Lib. 20. 13. 14. Cassiod . var. l. 10. 16 , 17. 15. Authen : si q●is de eden . 16. L. 1. ff . de constitut . Princip . & § sed & quod Principi . instit . de Jure Natur. & praef . pandect . l. 1. ff . de offic . praef . praet . & Cod. de vet . Jur. enucleand . l. 1. § sed & hoc . * Lib. 8. * Fodder . 17. Comm. Pii 2. lib. 3. Lib. 20. de Civit . Dei , c. 26. Nov. 105. 18. Sen. Herc. Fur. Senec. De clement . Variat . 11. 19. 20. 21. 1 Kings 2. 26. 22. 23. 24. 25. * Vani capitis est existimare superiorem non posse evocare sine causae cognitione . Innoc. in c. ad aures de Temp. Ord. 1. 2. 3. Eccl. 10. 20. Eccles. 8. 2 , 3. Prov. 30. 31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4. 5. 6. 1 Pet. 2. 13 , ad 17. vers . 7. Jude 8. 8. Biblioth . PP . Tom. 8. edit . Binian . Orat. 1. in Julian . * Et in 1 Timoth . c. 2. v. 1. * Et Epist. 54. ad Macedon . & tract . 6. in Johan . 9. 10. Orat. in obit . fratr . Satyri . apud Simon . Scard . lib. 5. de Civit. Dei. c. 21. 11. Polit. 7. c. 13. 1 Tim. 2. 2. lib. 3. Confess . cap. 8. 12. 13. 14. Dion . Cassius . 15. 16. Bell. Jugurth . lib. 1. Fam. ep . 9. 17. 18. 19. Eurip. Claudian . 1. 2. a De pontif . Rom. l. 2. c. 17. b Annal. Eccles. c Contr. Apol. Eccl. Angl. d Contr. Episc. Eliens . e in Comment . in Esther . f in Theatr. g de Justa abdicat . Henric. 3. h De jure Magistratuum . i De potestate Papae . k De temp . et spirit . Pontif. potestate . l Of the broken succession . 3. m de Presbyterio n in his last Reply o Christian. poli●iâ . p lib. disciplinae q loci comm . Theol. r Observat. in Psal. 1. s De jure regni apud Scotes . t treatise of Obedience u De jure magistratuum w Francogallia x Dial. 2. p. 65. 4. lib. 5. Annal. Boior : Epist. ad Perimannum Epis. Metens . 5. 6. 7. * Cum jus conferendi opi ●a sacerdotia ab Henrico Imp. vi fuerat extortum , ea res ( inquit Paulus AEmilius lib. 5. ) multum virium Imperatoriae Majestati detraxit in animis popularium , plus enim quam dimidium suae jurisdictionis perdidit . Auson . l. 4. Eutrop. l. 2. L. Flor. lib. 8. 1 Cor. 6. 8. Lib. 2. de Divinat . Horat. Orat. 5. in Ver●em . in Bacchis in Supplic . Novel . 42. * Eorum imperiis remp . amplificuam qui relizionibus paruissent , dixit Cicero , de Nat. Deor. l. 2. † Orat. de arusp . resp . contra Colot . 9. * Solo sacramento inclyti principes tuti sunt , Symmach . 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 , & dissoluto dissolvitur . Appius lib. 6. in fin . Omnium primum , rem ad multitudinem imperitam , & illis seculis rudem efficacissimam , Deorum metum injiciendum ratus est . Livius lib. 1. Primum enim militiae vinculum est religio , & signorum amor , & deserendi nefas . Senec. epist. 96. 10. 11. Matth. Westmonast . in Henr. 3. lib. 8. Rerum Gallicar . Aventin . lib. 7. Annal. in Sertorio . Diod. Sicul. lib. 6. c. 10. Florus lib. 3. c. 16. lib 2. De bello Judaic . cap. 12. 12. 13. lib. 2. cont● . Applon . Liv. lib. 15. Liv. lib. 39. 14. Liv. 5. dec . 3. & lib. 10. dec . 4. in Augusto , c. 31. Joseph . lib. 13. Antiq. Judic . c. 6. * Novel . 103. c. 2. 15. lib. 1. Paedag. c. 1. apud Cassiodorum , lib. 2. Variar . ep . 27. lib. 10. ep . 26. 16. Marsil . Ficin . in praefat . lib. Trismeg . Strabo lib. 5. In bell . Alexandr . Diod. Sicul. l. 6. c. 10. lib. 10. Aeneid . Fastor . lib. 2. De nat . Deor. 17. Festus Pompeius , lib. 17. Dionys. Halic . lib. 4. A. Gell. lib. 10. cap. 15. Liv. lib. 2. 18. Annal. lib. 3. 19. Hebr. 1. 2. Revel . 1. 5. 11. 17. 17. 14. 19. 16. 1 Tim. 6. 15. Matth. 28. 18. * Serm. de B. Virg. Synes . Matth. 20. 25. 20. 21. in Sent. c. 51. Epist. 75. S. August . Ep. 166. 22. 1. Contr. Crescon . l. 3. c. 51. 2. 3. 4. a 3. q. 6. c. 16 , 17. & 2. q. 8. c. 4. b 2. q. 3. c. 3. c 3. q. 6. c. 1. * 3. q. 9. 35. q. 6. 25. q. 2. c. 1. Ext. de juram . calum . 5. Novel . 133. C. de feriis . l. 3. & Cod. Theod. de fer . l. † Epist. 31. 1. Leo. 6. Novel . 54. * Ep. 2. ad Nepotian . 6. tom . 7. A. D. 541. 7. apud Radenon . in Frider. lib. 1. cap. 15. Epist. 166. l. 2. ind . 11. ep . 61. Epist. 10. c. 14. lib. 2. Cath. Concord . c. 40. 1. Homil. 23. in Epist. ad Rom. 2. Hist. l. 4. c. 15. Apolog. 2. Epist. ad Mauritium . Comm. in Tit. 1. de Privileg . c. super specula . c. innotuit , de Arbitr . c. 1. de No. oper . nunc . c. constitutus de In integr . restitut . c. authoritate , de Concess . praeb . in 6. 3. Vide Athan. de Synod . Socrat. l. 1. c. 25. Sozom. l. 2. c. 28. Theodor. l. 1. c. 20. id . ibid. c. 31. Athanas. Apol. 2 Socrat. l. 2. c. 14. Sozom. l. 3. c. 9. l. 2. Quorum appel . Cod. Theod. Socrat. l. 6. c. 16. * Vestra pia genua protensis manibus attingimus . Anastas . biblioth . in Symmacho . Epist. Hormisdae 56 , 57. Novel . 42. et ponitur in Concil . Gen. 5. Act. 1. Liberatus in Breviat . c. 22. 4. ad Can. 12. syn . Antioch . 5. 6. 7. 8. 9. 10. 11. 12. Orat. 15. ad subd . tim . percul . 13. 14. 15. 16. 17. 18. Isai. 43. 4. 19. 20. Ora. post reditum . in 5 tâ Synod . Act. 1. Tom. 2. Concil . Herman . in Chron. 21. tom . de Vinc. an●them . apud Baron . tom . 10. A. D. 904. ● . 17. Dist. 10. c. de capitulis . 2. q. 7. c. Nos si . 11. 9. 1. c. sicut enim . §. ex his . 2. q. 2. §. item . 22. 23. 24. 25. 26. De communi Apost . R. 6. 27. * A. D. 1040. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Epist. 64. ad Theodorum medicum . 1. Polit. l. 3. 2. 3. 4. Vide Luitpran . lib 6. c. 6. Cuspinian , & Theodoric . à Niem in vita Othon . 3. lib. 4. Chron. 5. 6. lib. 39. ●pud Cyril . ep . 17. 7. de vita Constant . lib. 4. c. 24. Epist. 166. 8. In Concii . Roman . sub Martino l. lib. 4. cap. 41. 9. 10. a de vita Constant . l. 7. c. 6. b lib. 1. hist. c. 1. c lib. 1. c. 16. d lib. 2. hist. c. 5. * apud Athanas. apol . 2. apud Athanas , ibid. Theodor. lib. 2. c. 16. in dial . & Liberius in Epist. ad Hosium Cordub . apud Baron . Tom. 3. A. D. 353. n. 19. * Synod . constit . libell . apud Cy●il . Ep. 4. Epist. 17. apud Cyrilium . In Concil . Chalced. act . 1. scribensad Dioscorum Alex. Leo Epist. 21. Tom. 1. Epist. RR. PP . de Concord . l. 3. c. 16. 11. Vide etiam Baron . Tom ▪ 5. A. D. 441. n. 103. Theod. l. 2. c. 19. 20. * fine 6 tae act . 12. Apol. ad . Ruffin . lib. 2. apud Baron . A. D. 590. to . 8. n. 40. 13. Novel . 146. 14. Vide l. nemo . ff . de summa Trinitate . Nicet . Choniat . 23. q. 5. c. principes . 15. * Imperator , ut communis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 existens & nominatus , Synodalibus praest sententiis & robur tribuit , Ecclesiasticos ordines componit , & legem dat vitae politiaque ●orum qui altari serviunt . Et rursus ut uno verbo dicam , solo sacrificandi excepto ministerio , reliqua Pontificialia privilegia Imperator repraelentat ? Demetr . Chomaten . in resp . Orien . F●agrius Leonis Imp. Concilii Chalced. approbarionem vecat decisionem de fide , lib. 3. c. 4. &c. 5. videat lector totum hujus re● processum ex l. 1. Heracl●● , 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●aiem atque energiam affirmarent palam unam quoque natur●● statuere , eique Johannes Papa Romanus assensus esset , Imperator edictum proponit , Neque singularem , neque duplicem in Christo energiam esse asserendam , 25. q. 1. c. Saragendum . Novel . 123. c. 10. 16. 1. Tortur . Tort. 2. 3. Sozom. l. 7. c. 12. in 5 ta Synod . Constant. 4. 5. apud Acta Concil . Ephes. in liter . Theod. ad Synod . apud Surium die 5. Jun. Epist. 164. 6. lib. 5. Epist. 32. lib. 1. Cod. Theod. de relig . Novel . Valen. de Episc. Jud. l. graviter . ibid. Novel . 89. Cicer. lib. 1. de leg . 7. Concil . Latersub Leon. 1. lib. de Myster . sign . in Biblioth . SS . PP . 1. Hom. l. 4. ex verb. Isaiae . 2 Kings 9. 4. 2. 3. 4. 5. in l. 1. in verbo Potest . FF . de jurisdict . Orat. in Verrem 4 ta . Cap. 33. 6. 1 Cor. 3. 2 Cor. 5. 2 Cor. 6. Act. 26. Luke 12. lib. 5. contr . Parmen . Homil. 35. in Matt. apud Chrysost. ibid. 1 Cor. 9. 7. in Apologet. in Epitaph . Nepot . Ep. 3. Homil. 3. in Acta Apost . * Homil. 3. in Tit. Hom. 3. in Acta . Hebt . 13. 17. 1 Thess. 5. 12. v. 14. 8. Deuter. 17. 8. contr . Appi●● . l. 11. c. 6. 9. a 1 Corinth . homil . 15. b de Poenit. l. 1. c. 17. S. August . contr . Epist. Parmen . l. 3. c. 1. 2 Cor. 13. 2. 1 Cor. 11. 30. Epist. 75. 10. 2 Cor. 12. 12. Homil. 14. in 1 Cor. Homil. 29. in 2 Cor. Homil. 5. in 1 Tim. 11. 12. Homil. 13. in 2 Tim. 13. 14. Orat. pro Cluentio . 15. 16. 17. 1. Epist. ad Florent . Pupian . lib. 4. ep . 9. Homil. 61. in Matth. 2. 3. 4. 5. 1 p●●t . Clem. 1. in a●e . 6. Epist. ad Trallian . Epist. ad Magnes . 7. in Apologe . 8. Ep. ad Cornel. Papam lib. 1. ep . 5. 9. in Regul . Monachor . cap. 17. * Episcopacy asserted Sect. 34 , 35. 1. ad Trallian . ad Magnes . Epist. ad Ephes. 2. 3. lib. de Praecepto & dispensation● 4. ad Rusticum Monach. 5. 1. In regul . brevior . cap. 14. 2. Homil. 6. in Genes . 3. Lib. de jejunio in psychicos 4. 5. 6. 7. l. cum aurum . 19. §. perveniamus ff . de aur . & argent . leg . 8. 9. 11. 12. * c. cum contingat . extr . de jurejur . 14. 15. 16. 17. Hebr. 13. 17. 18. Philem. 8. vers . 19. 20. 21. Hebr. 13. 17. 22. 1 Thessal . 4. v. 2 , 3 , and 6. 23. 24. 25. Philemon . 8 , ● . 26. 27. 28. 1. 2. 3. * in act . Concil . C. P. † Vide Chapt. 3. Rule 8. hujus libri . 4. * Vide Concil . Tolet. 6. 5. 1. 2. 3. Leunclav . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 4. Annal. 3. Declam . 4. de Clementi● 5. 6. lib. 6. de civit . Dei. de Divinat . 2. 7. Levit. 7. 20. 2 Chron. 30. 28. Levit. 1. 5. 2 Chron. 29. 24. & 30. 17. 1. 2. 3. 4. 5. 6. * Epist. 171. 1 Timoth. 5. 1. 7. Homil. 4. de verbis Isai. Vidi Dominum . 8. Euseb. lib. 6. c. 27. Chrysost. adv . Gentes . Basil. Ep. 47. Paulin. apud Baron . A. D. 387. Theod. lib. 5. c. 17. Leo Aug. orat . de vita Johan . Chrysostom . Niceph. lib. 13. c. 34. Aug. Epist. 6. in append . Greg. lib. 2. Ep. 36. Anastas . Biblioth in Greg. 2. 9. * ultrò à communione abstinuisse Theodosium aiunt Ruffinus lib. 2. c. 18 ▪ & Waremund . ab Ere●b . c. 2. 〈…〉 reg . n. 35. et seqq . lib. 2. Ep. 36. 10. 1 Sam. 15. 25. 11. 12. ad Can. 12. Synodi Ancyranae 13. 14. Claud. in Paneg. Mallii . 15. 16. Amos. 7. 10. Amos 7. 13. 2 Chron. 25. 16. 17. 18. de Maledic . c. 1. tit . C. Si quis Imper maled . 1. 2. Hom. 50. in Psal. 101. 3. Can. 10. Vide distinct . 18. cap. placuit . &c. si quis autem , & cap. si quis Episcopus . 4. 5. 6. 7. Contr. Epist. Parmen . l. 3. c. 2. 8. S. Cyril . Ep. 18. ad Caelestinum . Paulus Diacon . degest . Longob . lib. 3. c. 12. 9. Theodoret. lib. 4. c. 14. Baron . A. D. 795. 10. in Josu . Hom. 7. 11. 12. 13. 14. Cap. 3. Epist. 62. 15. * Chapt. 2. Rule . 2. Num. 15 16. Act. 10. Cod. de summa Trinit . l. 17. in Psal. 5. poenit . in it . Tract . 27. in Johan . ubi suprà 18. Matth. 18. 15 , 16 , 17 , 18. 19. * Numb . 1. of this Rule . 1. in Jerem. c. 23. De vita spirit . an . lect . 2. ad em . 2. 3 Tract . 6. in Matth. In Evange . Homil. 26. In Josue . Homil. 21. 6. In 5 Penit. Psal. 7. Lib. 1. ep . 11. Epist. 1. 8. 9. De vita Spirit . anim . lect . 4. corol . 7. 10. 11. 12. Lib. 5. de Rep. Eccles. cap. 9. n. 23 , 24. * Chap. 2. Rule 2. 13. 14. Cap. 24. 1. 2. lib. 1. Ep. 4. Rom. 1. 29 , 30 , 31. 3. Cap. 2. Can. 10. a●● 11. a Cap. 7. b Cap. 73. c Cap. 15. d Cap. 39. e Cap. 33. f Cap. 8. & 21. g C. 9. 4. Epist. 93. 5. 6. in Hecuba . 7. de verbo Domini , Homil 15. 8. Levit. 25. 47. Matth. 21. 9. 10. 11. 12. 13. 14. 1. 2 Cor. 2. 9. 2. 3. 4. Consult . Art. 23. Novel . 123. c. 12 , 13. Lib. 32. contra Faustum Manich . c. 13. * Lib. 2. Chap. 2. Rule 2. 5. 6. Reginald . prax . fori poenit . l. 4. c. 12. sect . 3. p. 148. n. 133. 1. 2. 3. a Apol. 2. ad Anton. b lib. 4. Ad. haer . c. 34. c lib. 8. contr . Celsum . d Mystag . Catech. 3. & 4. e in . Johan . lib. 10. c. 13. f lib. De spir . S. cap. 27. g lib. 2. Contr. Par. h in 2. Tim. Hom. 2. Serm. de prodit . Jud. i de Sacram. lib. 4. c. 4. k Ep. 1. & Ep. 85. ad Evagrium , & in Sophon . c. 3. l de Trinit . lib. 3. c. 4. contra Faust. Manich. lib. 20. cap. 13. & Serm. 28. de verbis Domini . m Dial. 1. n Serm. 5. de Paschate . o Dial. l. 4. ● . 58. p de Fide. l. 4. c. 14. q in 1 Cor. cap. 10. r lib. de Corpore Domini . 4. 5. 6. Epist. 85. Panormitan . in capit . Majores in princip . in 5 10 Notab . 7. 8. 9. 10. 11. 1. 2. * 1 Cor. 7. 40. 3. 4. 5. Epist. 54 , ad Marcell . Serm. 6. de 40 ma Serm. 9. Origin . l. 6. c. 19. p. 83. a. Biblioth . PP . Graecolat . T. 1. p. 839. 6. 7. Epist. 119. ad Januar. in Psal. 110. in Isai. l. 16. c. 58. in Jonae cap. 3. 8. Vide Bellar. lib. 1. de cleric . c. 28. §. quinta propositio . S. Aug. in Psal. 90. Homil. in Matth. 47. 9. lib. 5. cap. 22. Grae. 21. Latin. de vita contemplat . lib. 2. cap. 24. lib. De jejun . cap. 13. Cap. 2. Cathemet . hymn . 8. in Marc. cap. 2. Epist. 68. ad Casulanum . 10. Collat. 22. c. 30. Cap. 9. in Vet. Test. T. 5. Hom. in eos qui Pascha jejunent . Epist. 119. ad Januar. apud Euseb. lib. 5. cap. 26. in Galat. l. 2. * de Offic. Eccles . l. 1. c. 36. † de Instit. Cleric . lib. 2. cap. 20. * Homil. 10. in Genes . 11. * ubi suprà , cap. 34. † de Divin . offic . l. 4. c. 9. 12. Sozom. l. 7. cap. 19. Petav. in not ● ad Epiph. p. 361. Tertull. de jejun . c. 15. Cap. 14. Dissert . ad Ignat. cap. 12. de Verbo Dei lib. 4. c. 11. 13. lib. 5. c. 22. Hist. lib. 12. c. 32. lib. de Orat. c. 14. Vide lib. 2. Chapt. 2. Rule 6. Numb . 55 , 56. 14. 15. apud Socrat. lib. 2. Hist. cap. 3. lib. 5. Haeretic . fabul . cap. 29. lib. 5. Hist. cap. 26. lib. de Jejun . c. 14. lib. de Jejun . cap. 2. 16. Epist. can . ad Basil. lib. 3. Exp. fidei & hae●●s . 75. 17. Epist. 54. ad Marcel . lib. de jejun . c. 15. lib. 4. de offic . Eccles. c. 37. a lib. 4. de instit . ●●●ic . c. 1. b lib. 6. Rational . de 1ª 40 mae Dominic . c Hist. lib. 5. c. 22. d lib. 7. cap. 19. in notis ad Tertull. de jejun . * A. D. 460. Can. 50. 18. Collar . 21. cap. 28. ubi suprà 19. Collat. 21. c. 27. lib. 40. Homil. Hom. 16. * Hac clausula inseritur in loco non suo : oportuit enim p●st narrationem de Ecclesiis Grac● & Alexandrina interseri . Videat lector Hugonem Menardum in notis ad Gregor . Sacram. qui etiam aliter emendat hunc locum satis mendosum . * lib. 5. c. 22. Homil. 16. ad pop . Antioch . lib. 7. c. 19. lib. 12. c. 34. Epist. 118. ad Januar. Serm. 4. de 40 ma 20. 21. contr . Faustum Manich. l. 30. cap. 5. 22. * de j●juniis & 40 ma 23. Stromat . 7. Co●●a ●●ych . ● 2. 13 , 15. 24. 1. 2. Vide Surium in Epist. ad lectorem , ante Concil . Ferrar. tom . 4. Concil . * in Tract . de Concil . Basil. circa princ . n. 6. Vide etiam Nicolaum de Clemangiis Vide prooemiū pragmat . sanct . Guil. Benedict . in repetit . cap. Raynutius . * Chapter 3. Rule 7. and Chapter 4. Rule 5. 3. 1. Epist. 76. ad Casulanum Presbyter . 2. lib. 3. c. 9. lib. de Virg. veland . * see the Divine institution of the order and offices Minister . sect . 4. Disput. 18. in 1 Cor. 11. in solut . 8 vi . dub . 3. lib. 3. Paedagog . cap. 3. lib. 8. Registri , Epist. 10. 4. Epist. 86. Epist. 118. 5. lib. 5. Hist. cap. 21. 6. Plaut . Trinum . Baldus in l. observare , §. proficisci , circa fin . ff . de officio proconsul . & leg . * See the VIth Rule of the last Chapter of this Book . 7. 8. C. si Judex laicus desent . excommunicat . lib. 6. 9. lib. 8. Epigr. 48. * Vide Liliú Giraldum Syntag. 1. Deorum , titulo de Diis ex humanis actionibus : & Chartarium lib. de Deorum●maginibus . a lib. 2. Paedag. cap. 10. b Orat. 3. sub finem . * ubi suprà , & lib. 3. cap. 11. † sub finem vitae Aedesil . An. Dom. 57. n. 77. Epist. 146. lib. 2. de Legib. Videat lector , si , placet , Plutarchum lib. de Iside sub initium , & 26. Rom. quaest . & Theodor. orat . 2. de Provid . & Eliam Cretensem in Nazian . orat . 4. in initio , Arrianum lib. 3. cap. 1. & Philon. Jud. lib. de plantat . Noae . 10. 11. Epist. 11● . cap. 1. Homil. de Rogat . 12. Resp. 2. cap. 4. * Lib. de Eccl. Hi●●●●ch . cap. de Baptismo . Apud Euseb. lib. 6. c. 43. Epist. 76. De Poenit. c. 6. De rebus Eccle. cap. 26. In illud 3. Johan . Nisi quis renatus &c. 13. Adv. Praxeam c. 28. De corona milit . c. 15. Lib. 2. de Sacram . cap. 7. in Dictis & interpret . Script . qu. 91. Vide August : Homil. 4. & apud Gratian . de Consecr . dist . 4. cap. 76. * Can. 49. Lib. 4. Har●t . fabul . 14. 15. Can. 5. aliàs 6. 1. 2. Cap. 20. Lib. 2. c. 11. 3. a Ubi supra . b In Defens . pacis part . 2. c. 23. c L. 7. Annal. Boiorum . d In ● . Bene à Zenone , C. de quadrien . praescript . e In Confut. Primat . ● apae 2. consider . princip . f In Henrico 3. g In parte 2. A. D. 1247. h Lib. de ruina & reparar . Eccl. i In Praefat. libri de sacris Ecclesiae Ministeriis , impres . 1551. k Alliacens . de Reformat . ●ccles . consid . 2. See also the Vergers Dream made in Latine in the time of Charls the fifth , and translated into French. 4. 5. Baron . A. D. 499. n. 36. Lib. 4. Epist. 2. Lib. 4. Epist. 3. Lib. 1. Fp. 3. Epist. 5. Cyprian de unit . Eccles. Vide S. Cypr. l. 1. ep . 3. & lib. 5. ep . 6. S. Ambrose in 1 Cor. 11. In Quaest. Vet. & N. Test. q. ult . & ad fratres in Eremo , cap. 37. 6. * Lib. 2. Cap. 1 , 5 , 6. Epist. 288. 1. 2. 3. Galat. 5. 1. 4. 5. 6. * Rule 13. n. 9. Vide etiam c. 13. & 15. 7. 8. 9. 10. 11. 12. 13. 14. Mark 7. 4. 15. 16. Epist. ad Epis. Basil. 17. Lib. 2. de bonis operib . c. 9. § tertio addit . Rom. 14. 17. Coloss. 2. 16. 18. * Beliar. ubi supra c. 11. § item . Lib. 2. Senten . cap. 44. Epist. 14. Homil. 3. ad pop . Antioch . & hom . 4. & hom . 16. L. 3. de vita contemplat . cap. 10. 19. Lib. 2. de vit . contempl . cap. 23. Lib. 1. hist. 11. Lib. 17. cap. 32. hist. Theodoret. hist. relig . in Marciano . 20. 21. Lib. 5. hist. cap. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 1. 2. Contra Celsum lib. 7. 3. 4. 5. Coloss. 2. 6. 1. L. Prospicit . ff . qui & à quibus . 2. 3. 4. Lib. 14. Hier. 5. C. quadragesima . de consecr . dist . 5. & cap. 2. §. cum autem de observ . jejun . 6. 7. Lib. 1. Fast. 8. lib. 1. Aphor. 13. a de Victus 〈◊〉 in acut . b in Specim . m●d . Christ. lumin . 2. c lib. 1. Var. lect . c. 18. d libell . de Esu carnium . e Comm. in Isaac de di●●a particul . Horat. serm . lib. 2. Sat. 2. 9. Horat. Serm. l. 2. sat . 2. * C. non dico . &c. non me●●ocriter . de cons●●cer . dist . 5. Pseudol . Act. 3. Scen. 2. Mantuan . 10. Mostell . Act. 3. Scen. 2. Casina , Act. 2. Scen. 8. * Vide Paul. Zacchiae Quae. medico-legal . lib. 5. tit . 1. quaest . 2. Lib. 2. de Conviv . cap. 25. vide Athenaeū lib. 1. Deip. cap. 25. * lib. 3. Saturnal . cap. 13 15. Metamorph. de Re cibar . lib. 8. cap. 1. 11. Horat. ubi supr●● . 12. 13. 1. 1. Cor. 14. 26. Ephes. 4. 29. 2. Vide ult . caput 2. libri . Can. 29. Lib. 3. cap. 17. 3. Ephes. 4. 16. 2 Corin. 10. 8. 2 Cor. 13. 10. 4. Rule 1 , 2 , 3 , 4 ▪ of this chapter . 5. 6. 7. Lib. 1. contr . Ma●cion . Dial. adv . Luciferianos . Cap. 1. In Can. 82. Synod . 6. in Trullo . 8. Epist. 119. cap. 19. * S. Cypriande lapsis : & epist. 56. 9. 10. 11. 22● . q. 91. art . 2. Quaest. 107. ad Orthod . in Psalm . 150. lib. 1. Ep. 457. ubi suprá in Psalm . 12. 13. Juven . Sat. 6. 14. 15. 16. Platina in vita Pii 2● . & Sabellicus Ennead . 10. lib. 6. in c. cum olim . de cleric . conjugat . Vide etiam Sleidan . lib. 3. A●t . 23. De Planctu Ecclesiae lib. 2. art . 73. a Cap. 20. lib. 4. de Eccles. b Controvers . 15. sub initio . c Lib. 7. de just . & jur . q. 6. art . 1. d Gravam . 75 , & 91. e De vita spirit . animae , sect . 4. corol . 14. prop. 3. f De invent . ●erum lib. 5. c. 4. g Lib. de conversione ad cl●ricos , cap. 20. h part . 2. tit . 46. i 183. lect . in Sapient . k De corrupto Eccles. statu . l De reformatione Eccles. m Opusc. contr . Clericos concubinar . concl . ult . 1 Cor. 7. 17. In actis concil . Nicen. Paris . impress . cap. 3. p. 170. Acta ipsa è Vaticana Bibl. prodierū● ; latina facta sunt ab Alfonso Pisano & Rober. Balforeo Scoto . a Hist. l. 1. cap. 4. b Lib. 2. cap. 14. c Verb. Paphnutius . d Lib. 8. c. 19. e Cap. Nicena , dist . 31. f Hist. Eccl. lib. 1. cap. 6. g Cap. 122. h Cap. 41. Haeres . 67. they were their gallants , * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Epiphan . haeres . 63. Epist. 62. Orat. 17 , & Orat. 18. edit . Savil. * Videat lector qui velit plura de sensu hujus vocabuli & Canonis , Gabrielem Vasquiū in 3. disp . 247. c. 4. & Micha●lem Medinam lib. 2. de continentia , c. 21. & Georgium Calixtum de conjug . Cleric . p. 174. * De vita spirit , animae u●● supra . Epist. 43. ad Chromatium * 1 Cor. 7. 7. Matth. 19. 11. Ad Demetriad . virg . In Jeremiam lib. 2. cap. 7. Philippicâ 18. Epist. 8. Lib. 6. haeres . 60. In Levit. l. 15. Lib. de agone Christian. cap. 31. Contra Jovin . lib. 1. De convers . ad Clericos cap. 29. Epist. 15. Extrem . libro de vera Virgin. Baptista Mantuan . in vita Divi Hilarii . In Matth. tract . 24. 18. 19. De S. Virginit . c. 16. Ad Philadelph . Lib. 7. Strom. Lib. 1. c. 11. Greg. Naz. verba ex transl . Volaterrani . S. Chrysost. hom . 21. in Gen. 20. 1 Cor. 7. 34. Auson . In fun . Gorgō . In fun . Gorgō . Stromat . 3. * Inter Epist. Augustini . Epist. 27. & 29. ●uaest . Ve● . & N. Test. qu. 127. In 1 ep . Tim. hom . ●0 . in 1 Cor. 7. Ad 14. Annal. n. 74. a lib. de Planctu Eccl●s . 2. art . 15. A. D. 1330. b in Johan . 16. c 4. dist . 27. art . 1. q. 3. d hist. lib. 100. e lib. 5. de Provident . Dei. 21. 26. qu. 2. cap. Sors . de Cleric . conjug . cum olim . 22. dictinct . 31. c. Aliter . dist . 28. cap. 8. 23. de Offic. lib. 1. cap. ult . 1 Cor. 7. 2. Baron . A. D. 1059. & A. D. 1065. apud Baron . A. D. 1075. Matth. Paris Hist. Anglor . A. D. 1125. * O bo●e Calixte , nunc omnis elerus edit te . Nam olim Presbyteri solent ●xoribus uti . Id praevertisti quondam cum Papa fuisti : Ergo tibi festum nunquam celebrabit honestum . Sic non nimis facunde , sed vere nimis questus est olim non nemo . † Lib. 6. Hist. Angl. A. D. 970. Vide 27. q. 1. cap. ut lex . & Clem. cap. li●eras de filiis Presbyter . & Innocent . c. ut clericorum . de vita & honestate cleric . 24. lib. 6. const . Apost . cap. 17. 25. 26. in quodlib . contr . Lutherum . 27. Cap. 10. Tripart . hist. lib. 6. cap. 14. Orat. contr . Arianos . Dist. 31. C. aliter 28. 27. q. 1. cap. ut lex . Epist. 200. Epist. 201. Epist. 321. ad Johan . Fontem . Lib. 7. de Just. & jure q. 6. art . 2. Justinian . Nov. 123. cap. 13. Carm. de sua vita . Habetur 1. Dist. 3. c. Quoniam . 29. Alexand. 3. cap. sanè de Cler. Conjug . Vide Cajetan . opusc . tom . 1. tract . 27. Lib. 1. ep . 11. Haeres . 60 , & Haeres . 61. Epist. ad Demetriad . Lib. de Bono conjugal . & habetur dist . 27. c. quidam . De Monogam . Epist. ad Ocean . a Glossa in Dist. 34. can . Fraternitas hanrem exhorruit . Ecce casus , ubi plus juris habet luxuria quam castitas : quia castus repelleretur , si contraxisset cum secunda ; sed fornicator non . Vide etiam S. August . Epist. 64. in locum Apost . 1 Tim. 3. b ad Ocean . tom . 2. Lib. 3. cap. 2. Spalat . l. 2. cap. 10. n. 75. Tertull. ubi suprá . Serm. 66. in Cantica . Halach I sho●● . cap. 15. a Quodl . 4. Art. 13. b in Sent. 4. dist . 27. q. 4. c in 3. part . tom . 3. disp . 24. cap. 5. Mantuan . 1. * lib. 2. Chap. 3. Rule 14. 2. 3. 4. 5. 6. 7. a Lib. 3. cap. 40. & lib. 5. c. 20. lib. 4. cap. 63 , & 43. b Lib. 3. cap. 12. c de Praescript . & contr . Marcion . l. 4. d In prooem . l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . e Epist. ad Pompei . f Ad S●rap . de Spir. S. g Serm. cont . Sab. & Arrium . h Haeres . 31. i Adv. Lucifer . k Contr. Faust. Manich. lib. 11. cap. 2. l Cap. antepenult . * Rule 14. 1. 2. lib. 3. de vi●a Constant. c. 6. de Synod . 3. 4. S. August . Epist . 48. & Epist . 111. Vide Gratian. dist . 9. Cyril . Hier. Catech. 4. S. Hieron . Ep. 19. & Ep. 76. * Praefat. in comment . de Locis com . l. 7. c. 3. concl . 3 , & 4. † Concion . in Epist. ad Rom. cap. 14. pag. 606. 5. 1. lib. 3. cap. 7. de Rerum inventor . l. 4. cap. 12. 2. 3. in Epist. & Consiliis theologicis . 4. 5. apud Stobaeum 6. 7. Epist. 124. ad Alipium . ubi suprá . 8. 9. 10. 1. Hugo de S. Victore lib. 1. de Sacram. c. 7. lib. 2. de Legib. Seneca l. 3. de Benef. c. 1. in lib. 2. Georg. * In verbis per totam vitam parentes venerari maximè decet , levium enim volatiliumque verborum gravissima imminet poena . Plato . l. 4. de repub . 2. l. 1. in fi . C. si rect . provi . in 2. lec . 3. Ecclus. 3. 10. Ephes. 6. 2 , 3. Ezek. 22. 7. Orpheus . Plato lib. 11. de Leg. 4. 5. Trinum . Act. 3. 6. 7. Plaut . Trinum . Act. 3. 8. Trinum . ubi supr . Terent. Adelph Act. 1. Scen. 1. ibid. Prov. 28. 24. 9. 1. * Si quis in●●●●● fuerit in parente 〈◊〉 Magistratuum s●● incapax Xenoph. l. 2. 〈◊〉 & fact . 〈◊〉 2. Deater . 21. 18. 3. § final . inst . de noxa . l. Divus . ff . ad leg . Pomp. de parricid . & toto tit . C. de his qui Parent . vel fil . occid . Hebr. 12. 9. Ecclus. 3. 8. Ephes. 6. 4. Coloss. 3. 21. Adelph . Act ▪ 1. Sc. 1. lib. 5. Epist. 20. lib. 1. c. 14. de Clement . Declam . 259. Orat. pro Rosc. Amer. 1. Sebast. Monticul . de Patria potest . 2. * Matth. 15. 6. 1 Tim. 5. 17. Offic. 1. in l. Si libertis : §. manumissis : ff . de alim . In Luc. 18. l. Unic . C. de ingrat . liber . in vita Solon● 3. 4. Metamorph. 8. Iliad . 4. 5. 1. lib. 2. de Legib. Alciat . lib. 1. praeterm . in verb. sacra . * Panormit . in cap. 2. de convers . infid . & Baldus in l. item in potestate . ff . de juperson . 2. Tit. 3. Comment . in Genesin . 3. 4. 1. 2. 3. 4. 1. 2. lib. 10. de Anima c. 57. lib. 16. c. 5. 3. lib. 10. 4. 1. 2. lib. 2. cap. 7. idem ibid 3. A. Gell. ibid. 4. Plutarch . lib. de Vitios . verecund . 5. 6. 7. 8. 9. 1. 2. 3. 2. 2● . qu. 88. art . 9. Bellar. l. 2. de Monachis , c. 36. 4. 5. advers . Marcion . Can. 16. 6. a lib. 1. de Virgin . b Epist. 109. 110. ● Aug. Epist. ●d Bonifac. Comit. in quaest . fuse explic . q. 15. libr. de Providentia . lib. 5. cap. 95. * tit . de iis qui pueros vel puellas occiderint , vel totonderint . 7. Terent. 8. lib. 6. de Asino a●reo . ad Uxotem . Ibid. l. 2. in fi . ff . de statu hominum . Genes . 24. Judges 14. 2 , 4. Exod. 34. 16. Deuter. 7. 3. 1 Cor. 7. Andromach . Eurip. lib. de Patriarch . 9. Xenoph. lib. 8. in Stich. Andria , Act. 5. Scen. 3. in respons . Matrimon . Matth. Monachi . 10. & habetur 30 q. 5. Can. 38. in Can. Patrum . in Graecor . Nomocan . et habetur 32. q. 2. in tit . de foemin . non consecrat . cap. 33 , 36. q. 2. placuit . 11. Ibid. Vide etiam Concil . Paris . 36. q. 2. 27. q. 2. nullus . 12. 13. Declam . 257 , & 376. lib. 3. in Laconic . in Erato , l. 6. 14. c. tuae . de Spons . extr . vide Ascanium Clement . Amerin . de patria potest . cap. 6. effect . 6. l. Divi fratres . ff . de jure patron . l. Filius 25. ff . de ritu Nuptiarum . l. 3. §. Emancipatus . ff . de cont . tab . * Phalar . Epist. 143. cap. 9. Cap. 9. * Ulpian . l. 3. §. si emancipatus . ff . de bonor . possess . contr . tabulas . Hoc observant Giaeci ad l. 10. de sponsal . l. 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . tit . 1. in Can. Pasil . 38. in Can. PP . C. 1. extra . de conjug . servor . Gen. 26. 35. 15. 16. C. cum causam . de rapt . extra . Deuter. 22. lib. Sentent . 2. tit . 19. Idem dixitvetus Scholiastes ad Paulum . * Exod. 22. 16 , 17. * O sententiam necessitate confusam● parcit & s●vit , dissimulat & animadver●it . Tertull. 18 , 9 , 10 , 11. Exod. 22. 17. Quintilian . declam . 376. 18. ●jus autem potestatis . Inst. de potest . Patr. & l. nam in civium . & l. item in potestate . ff . de his qui sant sui & alieni juris . 19. 20. in Encomio . 21. Homil. 11. in Levit. In Basi●ico . 22. Vale. Max. l. 2. c. 2. 23. Cap. 81. 24. 25. l. oratione 16. §. 1. ff . de rit● nuptiar . l. 3. D. eod . 26. 27. de clandest . Matrim . impress . Paris . 1556. in Burchard . & in decretis . Idem dixit Lucius 3. in C. cum causam de rapt . extra . 28. Seneca controv . l. 3. c. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ismeniae & Ismen . 5. Epist. ad Paulum . Orat. 2. in Genes . l. 4. 29. Epist. 233. l. filia . 20. C. de inoffic . testam . & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. 28. c. 4. Constanti●n . Harm●nopul . Epitom . l. 4. tit . 7. §. 12. Liv. lib. 4. lib. 3. tit . 1. §. 7. in Abramio . lib. 1. de Sacerdot . Origen . ubi supra . 30. 31. Andria , Act. 1. Scen. 5. ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Eclogis legationum . 32. Tacit. Annal. 3. Manuel Palaeolog . orat . 7. a ● . §. 1. de his qui sui vel alien . jur . Dec●am . 10. 33. Senec. controv . 1. 6. lib. 2. c. 7. * Matthaus Monachus legit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ut filiū etiam compre● 〈…〉 malè , quia eo loci JC. 〈…〉 quitur de filio & filia , & de filio controversia non erat . Harm●nopalo a. conscntiunt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 28. tit . 1. in dial . Meretr . 34. in Charidemo . l. D. Adrianus . ff . ad legem Pompeian . de partic . Advers . Marcion . 35. apud A. Gell. lib. 11. c. 4. Eurip. in Archelao . 1. Cicero lib. 2. de Invent. 2. Horat. l. 3. od . 24. 3. Cap. in his . de verb. signif . l. 4. ff . de legib . lib. 4. de Trinit . 4. l. 19. ff . de legibus . Orat. pro Gaecin . Zonar . l. contra . ff . de legib . & l. Non dubium . C. de legib . 5. l. Nominis . ff . de verb. signif . 6. l. non aliter . ff . de legat . 7. 8. 9. * Dialecticorum verba nulla sunt publica ; suis utuntur : & id quidem commune omnium fere est artium . Cice● . lib. 1. Acad. 10. 11. Thucyd. l. 4. l. 67. ff . de reg . jur . l. ex conducto . §. Papinianus . ff . de usur . l. 66. de Judiciis . lib. 7. cap. 9. Orat. l. perspexit . ff . Qui & à quibus . l. cum filiofam , ff . de legat . 12. l. cum quid . ff . de reb . credit . l. 9. ff . de regul . jur . 13. l. inter stipulantem . & l. si ita . ff . de ve●b . signif . cap. 2. §. sed neque . de translat . Episc. 14. l. cum servus , §. scio . ff . de legat . & l. unum ex familia , §. si rem tuam . ff . cod . 15. l. Titia . 38. §. fin . sup . de auro & argent . leg . Libertas omnibus rebus favorabilior est . l. 38. ff . de re judicat . 16. l. interpretatione . ff . de poenis . * Habet aliquid 〈◊〉 iniquo omne ●agnum exemplum , quod cont●a singulos util●●●te publica re●enditur , dix●● C. Cassius apu● Tacitum . 17. l. 168. ff . de reg . jur . Philipp . 9. Claudian . apud Guicciard . l. 16. Gall. Proverb . Qui trop embrasse , mal estreint . * lib. 4. ad l. pen. ff . de poenis . apud Tacit. l. 14. 18. 1. 2. * c. cum quidam . §. illi vero de jure . c. authoritatem . 15. q. 6. Gloss. magn . verb. absolvimus . 3. lib. 3. de Offic. l. jus a. §. de just . & jure . c. proposuit . de . concess . praebend . 4. lib. 1. de Offic. 5. lib. 3. lib. 3. Confess . c. 8. Cassiodor . lib. 3. var. ep 46. l. Cum salutatus . C. de sent . pass . 6. l. ult . C. de legib . 7. pro Ligario . Gunther . lib. 4. l. ult . ff . qui satisd . cog . * lib. 1. Chap. 4. 1. 2. 3. 4. 5. 6. 7. 8. l. nulla . ff . de legibas . 9. 10. 11. 12. 13. 14. 15. Ethic. l. 5. c. 10. ●●aut . Stich. ubi supra . 16. 17. 18. 19. Vide lib. 1. cap. 5 , & 6 20. 21. 22. 23. 24. 25. Gloss. in cap. in poenis . 49. de reg . jur . in 6. 26. l. non possunt . ff . deleg . l. nam . ff . eod . Glossa in legem praedict . 27. Albertus Bologneti Bonon . in Tract . DD. 28. in declam . Patris . 29. 30. * See Chapter 1. Rule 8. of this book . * See Chapter 1. Rule 8. of this book . * See Chapter 1. Rule 8. of this book . l. haeredes . §. 1. ff . de Testam . l. Cum lex . ff . de legib . 31. 32. 33. ff . de leg . 1. 2. 3. 4. 5. l. fin . C. de legib . 6. 1. q 7. 1. 2. 3. 4. 5. 6. 7. 1. Book . 2. Chap. 3. Rule 29. & Book 3. Chap. 4. Rule 15. 2. de Coron . milit . c. 1. de constitut . in 6. 3. l. si de interpret . ff . de legibus . Vide Burgos de Paz. in l. 1. Tauri , num . 247. l. nam Imperator . ff . cod . l. 1. C. quae sit longa consuet . cap. super eo . de cognat . spirit . 4. l. 2. C. quae sit long . consuet . * Non posseprascribi contra obedientiam . cap. cum non liceat . de praescript . 5. cap. cum causa . de re judicata . glos . in cap. ad nostram . de consuet . verb. canonicis . 6. l. de quibus . ff . de legib . ibid. Chap. 1. Rule 7. 7. 8. 1. 2. 3. 4. 5. 6. 1. habetur 15. qu. 1. in princip . lib. De duabu● animabus cap. 11. ibid. ubi suprá . cap. non est . 2. lib. de fide contra Manichaeos cap. 10. 3. 4. Ovid. Trist. lib. 4. El. 3. Sil. Ital. l. 9. 5. 6. S. Augusti 〈◊〉 lib. 2. de peccator . merit . cap. 18. Vide etiam Prosper . lib. 1. de vocat . g●●tium cap. 8. & ad capitula Gallor●●● Sent. 6. & contra Collatorem , cap. ●● . & carmen d● ingratis capp . 26 , 2● . & ult . Vide etiam & Fulgent . lib. de incarnat . & gratiâ Christi . cap. 20. Gregorii lib. 18. moral cap. 21. & lib. 33. cap. 25. & V. B●●●m in Gen. 4. super verbis Domini ad Cain . Sed super omnes videatur 〈◊〉 . Bernardi liber de gratia & liber● arbitrio : vide eundem serm . 81. in Canti●a . 7. 8. Hose . 9. 10. 1 Cor. 6. 17. 9. Job 21. Psal. 35. 10. 11. 12. 13. 14. 15. 16. 17. 18. de Peccator . merit . & remiss . c. 18. 19. Epist. 11. ad Augustin . homil . 27. in Evang. tom . 7. l. 3. 20. Matth. 12. 36. in libr. Timoris . In comment ad hunc locum . in Regul , brevior . resp . ad interr . 23. Epist. 20. lib. 5 Phaedr . fab . l. 2. 36. 21. 22. 23. 24. 25. Gen. 48. 16. * Isai. 4. 1. James 2. 7. 26. Matth. 12. 30. Luk● 11. 23. 27. * Marc. 9. 40. Luke 9. 50. 28. 29. 30. 31. 32. 33. 34. 35. John 15. 1 , 2. Quintil. l. 8. 6. S. Greg. Homil. 7. in Evang. 36. 1. 2. ff . de reg . ju . l. 152. 3. 4. 5. * lib. 2. Chap. 1. Rule 5. Vide Petrum Peckium ad c. 10. Ratihabitionem . de regul . jur . in 6●0 . 6. Phaedr . fab . 10. 7. de Bello civill ▪ l. 1. Avian . fab . l. 167. §. 1. Qui ju●●u . l. 207. ff . de reg . jur . & Ulpian . lib. 1. ad segem Juliam & Papiam . lib. 3. lib. 2. c. 7. 8. l. 157. §. ad ea quae . l. 11. is qui in puteum . §. 6. si Tutoris jussu . ff . quod vi a●clam . l. 17. sed si unius . §. si jussu Domini . ff . de injuriis . Ecclus. 4. 22. 9. 2 Sam. 24. Horat. Martial . Serm. 8. de Benef. 10. 11. 12. l. 142. ff . de reg . Jur. c. super eo . de cognat . spirituali . 13. 14. 15. 16. 17. 18. 19. l. quidam . ff . de re judic . & l. Barbarius . ff . de offic . praetor . 20. See Book 1. Chapt. 5. Rule 8. Numb . 17 , 18. 21. Plutarch . in apoph . Rom. 22. cap. si quis viduam . 50. distinct . c. 2. de cler . pug . in duello . c. sicut dignum ● . clericos . de homici . Claudian . lib. 1. in Eutrop. 23. Claud. ibid. 24. Ephes. 4. 28. Phil. 4. 8. 25. 26. See lib. 2. Chap. 2. Rule 6. Numb . 31. 27. Homil. 6. in Matth. * Quem Deum hujus mundi vocat Apostolus : quem Deum scil . hujusmodi ludorum auth●rem indigitat Hieronymus . Vida Cremonensis , Poeta non incelebris , Mox verò gratum ludum mortalibus ipse Ostendit Deus , & morem certaminis hujus . Namque olim , ut perhibent , dilectam Scacc●ida , quá non Inter Serialas praestantior altera Nymphas , Compressit ripā errantem , & nil tale putantem , Dum pascit niveos herbosa ad flumina olores . Tum bicolor●m buxum dedit , atque pudoris Amissi pretium , vario ordine picturatum Argentique auriq●c gravem tabulam addit , usumque Edocuit ; Nymphaeque etiam nunc servat honorem Et Nomen Ludus , celebrat quem maxime , Roma , Extremaeque hominum diversa ad littora gentes . a in Phaedro . b de alcatoribus Serm. de S. Mattkia . lib. 1. de Daemonol . Eurip. lib. 1. Origin . c. 67. 28. Polymath . l. 8. c. 3. De prob . vol. 2. conc . 13. 6. Horat. lib. 3. Cod. Justin. tit . 43. & in Authentic . tit . de Sacrosanctis Episcopis . §. interdicimus . Horat. Ep. 1. ff . l. 11. tit . 5. de alcator . vide etiam Wesenbech . ibid. de Vita beara c. 7. a de Alea. b praxis . p. 507. c. 126. & alibi . 29. Ovid. de r●med . lib. de Al●●●ribus . de Christian. milite . Can. 79. Vide etiam can . 41 , & 42. Apostol . de vita & honestate Clericor . cap. Cleric . L. 6. c. 200. Vide etiam Decretum dist . 35. c. 8. Episcop . & de excessu praelatorum , cap. inter dilectos . 30. Horat. l. 2. Sat. 1. lib. 3. c. 21. l. 8. c. 8. * Janus Rutgersius legit [ in scnilibus ] non [ in scurrilibus ] Pontanus [ in serotinis lusibus ] Scriverius [ inheroicis ] alii [ inseriis ] unico verbo . † Alex. ab Alex. in Caesarib . Polyc. lib. 1. c. 5. 31. 32. Phaedrus . LIII Petrus Follerius . Senec. de Brevit . vitae c. 13. 33. Teren. Andria . S. Hieron . ep . ad Gaudent . Plaut . Persâ . 34. Ovid. 35. apud Sucton . 36. lib. 3. Cod. tit . 43. Vide ibi Cujacium , & Wesenbech . ff . l. 11. tit . 5. Cicer. ad Atticum . Ep. 13. l. 1. ib. 4. Ethic. c. 1. Specul . anim . c. 2. & in Sent. lib. 1. dist . 25. part . 2. art . 2. q. 1. in conclus . ad 4. Epist. 54. ad Macedon . ibid. 1 Cor. 13. ubi supra . 37. Juven . sat . 13. Plutarch . in Reg. & Imperapoph . 38. Anton Gu●vata . horol . Prine . per Anton. Guevata . orat . pro A●chia ●o●t . 39. ad Attic. ep . 13. l. 1. in 2 â Philippic . 1. Vide Unum necessar . cap. 5. of Habitual sins . 2. 3. 4. Mart. Ep. 42. l. 9. 5. 6. 7. 8. 9. 10. 11. 12. * Lib. 3. Chap. 1. Rule 4. Quintil. Sententiar . 5. in Andria , act . 1. sc. 4. 13. 14. in Apologet. & in Exhortat . castit . & de Virg. velandis . 15. Exod. 21. 12. 1. Luke 21. 34. Unum necessar . cap. 5. 2. 3. 4. lib. 22. contr . Faust. cap. 44. 5. 6. 7. 8. Bartol . in l. ex facto . in princip . ff . de vulg . & pupilla substit . 9. 10. 11. Senec. Herc. Fur. 1. 1 Timoth. 4. Bo●th . lib. 3. de Consol. Philos . Seneca . 2. lib. 5. de Philosoph . cap. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. l. de Mendacio . lib. 6. Ethic. cap. 5. Epist. 98. a in l. 6. Eth. c. 5. b in Hippia minor . 17. Sleidan . lib. 4. 18. in Psal. 66. v. 18. 1. 2. l. 9. ff . de jur . & fact . ignor . & l. 20. ff . de aqua & aquae pluvi . l. 3. §. 2. ff . de injur . de Hippocrat . & Platon . placit . apud Stobaeu●● in Physicis Eclogis . a de Anima . b de Nat. Hom. cap. 2. 3. Lucret. l. 3. 4. de Placit . philos . 5. c. 24. Diog. Laert. in Zenone . tit . 26. in 8. Eclog. Virgil. * lib. 60. tit . 39. † tit . 71. 5. Vide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ubi supra . in Epit. leg . tit . ult . num . 21. lib. 10. de Genes . ad liter . cap. 13. lib. 11. cap. 18. lib. 18. cap. 3. l. 1. §. impuberi , ff . de Senat. Silan . habena . 6. Declamat . 21. Quaest. 84. Epist. 57. Cicer. pro Cluent . 7. l. 15. ff . de juris . l. Divus . ff . ad leg . Cornel. 8. l. 5. Epist. 9. Luke 23. 34. Acts 3. 17. John 9. 41. 1 Tim. 1. Gal. 1. 10. 11. Gemara Sanhed●in cap. 8. Ad Iliad . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Moral . l. 1. ad Eudem . c. 34. & Ethic. ad Nicom . l. 3. c. 3 , & 4. Vide etiam Politic . 2. cap. ult . & Rhetor. 2. cap. 27. Averroes in l. 3. Ethic. c. 5. ad Herennium 2. Tr●cul . Act. 4. Sc●n . 2. 12. Aulul . Act. 4. Scen. 10. Orat. 3. 13. 14. qu. 59. in Genes . in l. 6. de R● milit . 15. Aulul . Act. 4. Scen. 7. 16. Declamat . 22. 17. * See Rule 4. of this Chap. Num. 2. 18. Homil. 5. in Genes . Homil. 44. in Genes . lib. 2. contr . Faust. Manic . cap. 44. lib. de Patriarch . cap. 6. 19. 20. 21. 22. l. Dolo. 5. C. de inutilib . stipulat . & instit . de exceptionib . in initio . l. 13. ff . de actionibus empti . in princ . lib. 3. Offic. l. in causae . §. Idem Pomp. ff . de minor . & l. item si . §. ult . ff . loc . l. si voluntate . C. de rescind . vend . 1. 2. Ethic. lib. 3. cap. 1. ibid. * lib. 3. Chap. 1. Rule 2. 3. ubi suprá . & lib. 2. Chap. 3. Rule 11. 4. lib. 3 Metam lib. 5. Thebais . 5. Dial. Me●etrie . 6. 7. 8. lib● . singul . ad Marcellin . de Spir. & liter . in Epicte●um . lib. 11. Ep. 59. 9. Seneca . 10. Ethic. lib. 10. c. ult . 11. Declamat . 22. ubi suprá . 1. Matth. 6. 1. Lib. 5. Ethic. cap. 2. 2. 1 Cor. 10. 31. Coloss. 3. 17. 3. Hist. Lausiac . c. 20. 4. 5. Plin. lib. 3. ep . 11. Seneca ep . 82. 6. 7. Ubi suprá . 8. * Book 1. ch . 5. rule 8. 1. 2. In reg . brevior . reg . 196. 3. Vide Reginald . prax . lib. 12. cap. 3. n. 27. 4. * See Book 1. ch . 2. Rule 5. 5. 6. 7. 8. See Book II. chap. 1. rule 4. Epigr. l. 8. 54. 9. 10. Lib. 4. epist. 20. Lib. 5. ep . 14. Trinum . 11. Vide lib. 2. ch . 3. rule 4. 2. 3. Avian . fab . 4. 5. 6. Eu●t●th . in Iliad . 4.