The Dangerous Rule: OR, A SERMON Preached at Clonmel in the Province of Munster in Ireland, Upon Aug. 3. 1657. Before The Reverend Judges for that Circuit. By S. L. Master in Arts, and lately Fellow of C.C.C. in Oxon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. London, printed by J.C. for Tho. Newberry over against the Conduit in Cornhill, 1658. To the Right Honourable Richard Pepys, Lord Chief Justice of the Upper Bench, & Counsellor of State in Ireland. And John Bysse, Esq Recorder of the City of Dublin; Judges of Assize, For the Province of Munster. My Lords, IN Obedience to your Lordships, I do here present you with a Copy of that Discourse which was so lately preached before you. I dare not quarrel with it now, lest that should implicitly Question your Lordship's Judgements, and the Judgements of several other persons of Quality, who have been pleased to approve of it: Yet this I must say, That I was so far from thinking it might become the Press; as that in such an Auditory, and upon so solemn an occasion, I judged it unworthy of the Pulpit. But since your Lordships have thought otherwise, & because it scarce savours of good manners to contradict either your Thoughts or Commands, I have thus submitted it to your Lordship's Pleasures; though I am not altogether insensible what sundry prejudices will attend it. 'Tis suited to a particular Season, and therefore, like musical notes, harmonious in their due time and place, but nothing less when disjoined from these: nor dare I wish, that it might again become fashionable, since that were to imprecate public mischiefs. 'Twill be distasted by some, because it seems to derogate from the deserved worth of a good Conscience; though its Author was so far from this, that he could more gladly have pleaded against Laws without this Balance, then against Conscience without their Conduct: only men were leaning rather towards the later extreme; and if he seems to bend a crooked Tree too much on the contrary hand, his intent is no other but to make it strait in the close. 'Twill be censured by others, for preferring Achitophel before David; for advancing carnal Reason too highly, & too much slighting the assistance of God's Spirit: but this was as far from my thoughts, as to speak of it, had been besides my purpose. That the Lord doth thus eminently help those, who by prayer and faith, wait upon him, is a most comfortable and precious truth: yet I humbly conceive, that such assistance can be expected only in those Undertake, to which God calls men, not to which they call themselves: And then too, in the diligent use, not in the slothful & supercilious neglect of lawful means: for this lesson the Creator hath taught us by his own practice: If Omnipotency design the restauration of a languishing Hezekiah, Isa. 38.21. Joh. 9.6. or his sight who was born blind; a lump of figs, clay, & spittle must be applied: And as diseases in the natural body are not curable without Physic; so neither those in the Politic without Laws. Nor have I pleaded for what's amiss in these: 'tis true, I have compared them to the sweetest Music; and do, I confess, judge known Laws the beauty and harmony of a Commonwealth; yet if this Harp be out of tune, or want a string, let some skilful ear, and cautious hand be entrusted with its Reformation. But to vote Laws redundant and unnecessary, as too many have done; to break these bands in sunder, & cast these silken Cords of Reason from us, were to antedate Divine vengeance in one of its most terrible threaten; even with our own hands to stretch out upon these Nations the line of confusion, and the stones of emptiness. This Discourse is yet subject to a farther disadvantage; 'twil fall, no doubt, into the hands of many, whom obscurity or non-observation of our late Exorbitancies, may render strangers to its just ground and plentiful occasion; though this was not only the over-jealous surmises of some, nor the discontented and secret mutterings of others; but things visibly acting both in our Native Country, and here: Nor could the utmost care of our Honourable and pious Governors (their Excellencies the Lord Deputy Ireton, whose memory is still precious; the Lord Deputy Fleetwood, a person so eminently gracious, that this Age hath scare paralleled him; the Lord Henry Cromwell, whom God hath furnished with wisdom & conduct even to admiration:) I say, the utmost care of these, and of those other worthies, who were still drawing in the same yoke with them, could not suddenly redress this: for when once a Distemper hath seized the blood & vital Spirits, the head may more easily condole then cure it. And really we, in this phlegmatic climate, grew strangely infected with that State-malady, this following Sermon declares against: some Persons of very considerable Quality, were not ashamed to tell you, that they expected are long to carry all the Law of England in their pockets. Nor were these esteemed such Lovers of Books, as to make that Pocket-Companion very bulkish neither. I cannot but smile, (and the Lord grant it may be with a thankful heart) when I call to mind how neatly we were courted by the smooth and still voice of plausibility, into a consent to our own ruin. And that design goes on most dangerously, which makes least noise: for the screaking wheel is more interrupted than the silent. But I must humbly crave your Lordship's pardon for this tedious diversion from your more serious Employments; and I shall here break it off, the rather because 'tis no less than a public Injury. That the weighty Undertake now recommended to your care, may be managed in the fear of that God, before whose more dreadful Tribunal yourselves with the meanest of those whom you are now to sentence, must ere long appear; shall be his earnest request at the Throne of Grace, who is, From my Study in Clonmel, August 5. 1657. Your Lordship's most unworthy Servant, Sam. Ladyman. The EPISTLE to the READER. Courteous Reader, THis ensuing Discourse is adapted to the temper of the times, & smartly militates against the wildness of irregular Decisions and Determinations; and was therefore deservedly courted to come forth, and appear upon a public Stage: that so in it, as in a Glass, the World might behold the Monstrosity, & rugged deformity of Conscience, when seated upon the Throne, as Queen Regent; whilst standing Laws are constrained to lie gasping under her Imperious Feet, and are sullied unto the reproach of useless and absurd. The declared Design is to make Conscience a Court of Chancery, to mitigate the rigour of the Laws, as if they were a Torrid zone, under which there were no living. The following Hints and Observations, are in order to thy satisfaction. 1 There are many in the World, who appearing before the Bar of Conscience, have gone away complaining, that her little Finger hath lain heavier on them, than the dreaded Loins of the Law. None have been more miserably hampered, perplexed, and injuriously oppressed, than such, who (if we would be so simple as to believe some men) have been most conscionably dealt withal. 2 They who are against Law, are usually such as are ignorant of the Laws, and understand not the Profundity and Equity of them; and how they are with much mysterious wisdom, contrived and accommodated to the state and condition of the people, whose obedience to them is exacted. 3 They who would lay aside the use of Humane Laws, are usually such as speak undervaluingly of the Law of God, and reject it as a Rule. 4 They who would have their own Consciences Judges in other men's matters, will hardly be persuaded to run the hazard of standing to the Verdict of another Man's Conscience, especially if the Law be for him. 5 Conscience is wont to favour the Cause of such as are of corresponding Principles. Sameness of Opinion often turns the Scales. How often hath a dissent in Judgement, though mixed with abundance of tenderness, made men dance attendance, for a just Dispatch? which great Inconveniency had been prevented, if prescribed Rules had been observed. 6 It's observable, that many who are invested with a Military Capacity, are no great Friends to the Laws of the Land. A Justice of Peace is looked upon with an evil Eye, by a Man of War. Colleges are accounted dangerous Citadels, which must therefore be assaulted; and Courts of Justice, strong Holds, possessed by men of dangerous imposing Principles, which must therefore be demolished. Books and Records are the Enemy's Ammunition, which must be seized on, that so the Adverse Party may be weakened. Laws have been so accustomed to deep silence in times of War and public Contest, that Men cannot endure they should ever after be heard to speak out, and declare their Mind freely. 7 Where Conscience bears the sway in the Commonwealth, it would likewise be Supreme in the Church; abhorring all Forms and obliging Rules, but it's own: and what hath been the Product of this, let our present Confusions testify. Liberty in Opinion, will quickly resolve into a Liberty in Practice. Thus are Men's Souls destroyed, under pretence of preserving their just Liberties from being invaded 8 Their acquaintance with Ireland is but very slender, who have not known it a place abounding with Civil as well as Sacred Antinomians. How refreshing is that Wind to the disconsolate Inhabitants of a weary Land, which frowningly blows in the Faces of such as have approved themselves to be keen Enemies to Ireland's Peace and Settlement? so that Law as well as Religion, gins to lift up the Head out of a Deluge and Inundation of boisterous Discouragements, with which it was overwhelmed; which is unto us as a Resurrection from the Dead, and as Light breaking forth out of Obscurity. This small Tract hath in it much reason; which, if attended, may serve to convince Gain-sayers, and confirm the Orthodox: which, that it may do, is the Prayer of him, who is a Friend to the Laws both of God and Man, J.E. A SERMON preached at Clonmel in Ireland. 2 SAM. 19.29. I have said, Thou and Ziba divide the land. WHere the word of a king is, there is power. If David said it, who durst contradict it? The Son's Precept, Eccles. 8.4. was but a Transcript of the Father's Practice: though the Verdict he here passed be ever so unreasonable, yet may not Mephibosheth say unto him, What dost thou? I know there are some learned and worthy Authors, (as you may read in their Comments upon this Scripture) who would have this Text to speak no more, than David's ratifying his former princely Act of Grace and free Donation, recorded, chap. 9.9, 10. But we must beg leave at present to descent from these, and to side with such as differ from them; the rather, because the Context seems to warrant our so doing. I did lately in this place, and upon the like occasion, lay down the Nature, Bounds, and End of an Oath: and as the Subject of that Discourse, did principally concern the Witnesses; so shall this, the Judge. In the words now read unto you, there are these Branches. 1. A Controversy decided betwixt Ziba and Mephibosheth. 2. The matter both of this Decision and Controversy; the Life, good Name, and whole Estate of Mephibosheth: for had the Treason Ziba charged him with, been made good; he had forfeited all. 3. The Judge, and 'twas David, a wise and holy Man, one after God's own Heart, Act. 13.22. one deeply engaged, both by Friendship and Covenant, to Jonathan and his Seed, 1 Sam. 20.15, 42. 4. The Definitive, though most unjust Sentence, That the Plaintiff and Defendant should part stakes: the Land must be equally divided, betwixt abused Mephibosheth, and his perfidious Servant. 5. Lastly, A double Cause of this untoward Decree: the one appears in open and public view; the other lies more close in David's Bosom. The latter of these we call, Proegumena; the former, Procatarctica. 1. The Causa Procatarctica, was Ziba's Treachery, Bribes, and Falsehood; together with his plausible management of those his Calumnies: and probable Slanders, 2 Sam. 16.3. if subtly ordered, with over-credulous Judges, do very easily pass for Truths. 2. The Causa Proegumena, was that Arbitrary, yet lame Rule by which David proceeded; this not being, what it ought to have been, the known Laws of that Commonwealth; but either his Princely Pleasure, or Private Conscience; for both seem lapped up in the Prologue prefixed to his Decision, Why speakest thou any more of thy matters? thou knowest we have more weighty Affairs now in hand, which would not be thus interrupted: Besides, I have said, Thou and Ziba divide the land; that is, I have heard, as his Accusation, so thy Defence; and do think it very unconscionable for thee to forfeit all, yet loath am I that Ziba should have nothing: wherefore 'twill not be amiss to divide the Estate; however, I am resolved to have so, nor will I reverse my Sentence. Though each Branch of this Text would afford us several pithy Observations, yet we must wave them at present; and from the Judge, his Sentence, and the Rule by which he proceeded, raise only this Doctrine: That without the guidance and superintendency of known Laws, Doct. the Consciences, even of wise and good men, are but an unsafe Rule in matters of Judicature. Were the Scripture silent in all other places, yet is this one Example to prove this Doctrine abundantly sufficient. The lest David could have done in this Case, had the Equity of that known Law, recorded in these words, Life for life, eye for eye, tooth for tooth, Deut. 19.21. had this, I say, been his Control and Guide, he could not have done less, then restored Mephibosheth to his whole Estate, and hanged up Ziba for his slanderous Accusation: for since, Psal. 101.5. if that had been true, the Master had deserved to lose his head; it being false, 'twas but equal that the Servant should forfeit his. And even at this day, among the Turks, the false Witness undergoes that punishment, which the Accused, had the Charge been proved, was liable to suffer. But no longer to insist upon this Example in the Text itself, our Saviour seems to justify the Truth of this Proposition, Proof while he refuses to act by so Arbitrary a Rule, as his own Will or Conscience: for me thinks we may so understand him, Luke 12.13, 14. Who made me a Judge or a Divider over you? As if he had said, You know I am not entrusted with the management of those Laws, by which Controversies about Meum & Tuum ought to be decided; and to determine these Differences by a Rule so boundless, as men's own private Judgements, is not safe; nor shall I do it. I believe there were other Inducements, which persuaded Christ to wave, what this importunate Suitor would have put upon him: Perhaps, lest intermeddling with Temporals, should interrupt that more necessary & spiritual work for which he was sent: Perhaps, that he might not cherish the then-almost Epidemical mistake concerning the Messiah, of his coming a Temporal Prince: Or, perhaps, that he might not give his Adversaries an occasion to charge him with an affection of Jurisdiction or Magisterial Power over the People. But as these wise and holy Ends had their Influence upon him, so might that also which we first assigned. The last Proof I shall trouble you with at this time, shall be that rash and rigorous Sentence denounced against the Samaritans, by James and John, Luk. 9.54. how do the Consciences of these men, though Christ's own Disciples, like Sulphurous Aetna, belch our flames? how gladly could they have transformed that Samaritan Village, into another Sodom? yea, what satisfaction to them, for those Clouds which dropped Fatness upon other places, to rain Fire upon this? But to draw nearer our own Times, we may remember when Conscience sat as a Queen upon the Supreme Seats of Judicature in this Commonwealth; when she acted without Control, and advanced herself above all we called Law: did she not then give sufficient proof what a dangerous Pilot we were like to find her? In what an insolent and furious manner began she to invade our Rights, both as Christians & as Men? Had her Magisterial Dictates stood, our two standing Ordinances must have fallen; our Laws had now lain buried in that heap of confusion, which had been but the unavoidable consequence of their own subversion; our Teachers had been driven into corners; our Gospel-Sun had been wrapped up in a plenary Eclipse; our Eloquent Orators, and Learned Councillors, had been numbered among unnecessaries: in England, our Books, our Colleges had been burned; in Ireland, drowned: here a Deluge; there a Flame, had been their Executioner. Had the Decrees of Conscience stood, our Charity had been as cold as our Zeal was hot; men not only straitning their Bowels, and refusing to give; but widening their Arms with resolution, to take away what our pious Ancestors had bestowed. Never could Dionysius applaud himself more in his Sacrilege, when he spoiled Aesculapius of his Golden Beard, and Jupiter Olympius of his costly Robe; then we ourselves in our Religious Plunder: the Alms of the Sick and Lame, the Fatherless and the Widow, were by Conscience voted a wellpleasing booty, even by some reputed both judicious and godly. And thus both by Scripture and Experience, we have proved our Doctrine: That without the guidance and superintendency of known Laws, the Consciences, etc. The Grounds or Reasons of this Point, are several: I shall demonstrate it by a fivefold Argument. The first is taken from known Laws, Arg. 1. what they are. And why may I not call them the very Heart and Soul of a Commonwealth, the Hinges upon which it turns, and the Basis up-upon which 'tis built? These licked the Civil Body (which otherwise had been but Rudis, indigestaque Moles, a confused Lump, an heap of Rubbish, a mere Chaos) into that comely shape which now adorns it. A Kingdom without Laws, Isai. 34.13. is rather a Den of Thiefs, a Court for Owls, Isai. 13.21. an Habitation for Dragons, a Place much fit for Satyrs to dance, and for Monsters to hid themselves, then for Men to dwell in. So highly did the Agathyrsi prise their Laws, that in Aristotle's time, for remembrance sake, they sang them; as others did also before Letters were invented: whence some will have the Rules of Music called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and doubtless the ravishing Melody of Orpheus his Harp, was no other than the harmonious murmur of wholesome Laws, by which he drew Beasts, or Men as rude as they, into Humane Society. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Known Laws are for the most part, but so many commendable Customs in black and white; the Wisdom and Experience of former Ages, bundled up, and transmitted to Posterity: and what a folly to place Conscience, which is but of yesterday, and knows little, in the room of these? Nor may the narrowness of humane Understandings, the weakness of men's Judgements, derogate from their just Repute; for though there be but a little Light in a Glow-worm, a little Heat in a Spark; yet many of these together, will afford a moderate-Lustre, a convenient Warmth. And suppose there be but a small pittance, but a single beam of Light, but a spark of Knowledge in a single Intellect; yet doth not this reflect upon those Laws, which were the Products of Concentricated Beams; of sundry Sparks laid together, and blown into a Flame: I mean, of many well-informed Consciences and Understandings, united in a glittering Constellation; and sitting in Council for their Good, who live under their Influence: For, what more proper Periphrasis, than this of a Parliament? what was the Roman Senate, but such? Now to trample under our feet the serious and unbyass'd Deliberations of these Assemblies; to contemn the twisted strength of known Laws, those well-compacted Combinations of Conscience and Judgement; and above these, to exalt the shallow capacities of single men; were to complain of going to Jerusalem, and to erect Calves at Bethel: to call Law, a burdensome piece of Exuberancy; to cry against this Political Structure, saying, Raze it, race it, even to the foundation: what is this but to remove the ancient Landmark, placed by Prudence and Necessity? to pluck up the Hedge, and lay all in Common: and then the Nimrods' of that Age, the mighty Hunters, would divide the Spoil. I never think of this Design, and its Promoters, how handsomely they laboured to cheat us of our Laws, (the only Guardians of our Estates and Lives) but it minds me of the Wolf in the Fable, who advised the Sheep to dismiss their Dogs, that he at pleasure might devour them. If any should here object those mischiefs which too often have attended Laws; that, Object. like the Bramble, they tear the Fleece, rather than shelter the Sheep: that they serve only to perplex poor men; and are themselves wrested by the wealthier; or, as Spider's Webs, catch lesser Flies, while the greater escape: We might in part deny this charge. Answ. But suppose 'twere true; There is one Maxim which fully answers it: Abusus non tollit usum; the abuse of a thing, can neither null its use, nor in Justice lessen its credit: for if so, what shall we think of the choicest Blessings, which are abused to Gluttony and Drunkenness? yea, of that Manna, and Food of precious Souls, the Scripture itself, which some wrist to their own and others destruction, 2 Pet. 3.16. Besides, the Evils before alleged, cannot in Equity be charged upon the Rule; but upon those who so wickedly managed it: and if their actings were so enormous, while they had a just and righteous Law to guide and check them; how much more irregular would these have been, had they been a Law unto themselves? This is the first Argument. The second is taken from Conscience, Arg. 2. what that is: and under this Head, we have five Reasons: for we shall by and by show you, that Conscience, even in wise and good men, is, 1. a subordinate; 2. a flexible; 3. a defective; 4. an uncertain; 5. an arbitrary Rule: and each to these are enough to prove it (without the guidance of known Laws) a most dangerous Pilot in matters of Judicature. Conscience is but a subordinate Rule; Reas. 1. 'tis dependent upon, and acted by something above itself: it both hears and sees with the eyes and ears of another faculty: 'tis not a guide to the Understanding; but the Understanding a guide to it: 'tis methinks the Understandings Echo; it only repeats what that dictates, and adds to it a commanding fiat. Conscience is but the reverberation of intellectual Beams: its actings are little other than a chewing over of that Light which it borrows from this Fountain. But Laws are the more immediate Products, and direct Emanations of sundry united and mature Judgements. Now to draw a Curtain before some splendid Light; and to examine matters of weight and intricacy, (and that matters of Judicature are such, we shall show anon;) by some feeble Glimmerings, and faint Reflections; what were more imprudent and pernicious? Philosophers have called the Will, caeca Potentia; and without the Understanding, Conscience is but mera impotentia. Indeed, there is no such distinct faculty in the reasonable Soul; though Theology treats of it, yet Philosophy is silent concerning it. It's two most proper and principal Operations, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, what are they, but the intellectus practicus, recoiling upon itself? It's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, what is that, but an applicatory contemplation of those Rules by which it esteems itself obliged to act? Nor can Conscience thus look forward upon its Law, or backward upon itself; unless the Understanding lend it Light: which Truth (besides the present occasion we have for it) doth in some measure detect the groundless scrupulosity of this age; in which we are afraid of compelling Children and Servants, (and with these you may rank the ignorant Natives of this Country) to hear publicly, and learn the Principles of Religion; lest we should force Conscience: as if there could be a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, without a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an excusing or accusing ourselves, without the knowledge of those divine Truths, which must measure our actions: even Paul himself must see the Law, before he could see his sin, Rom. 7.7. But this is beyond my purpose. This is the first Reason drawn from Conscience. Conscience is a very flexible Rule, Reas. 2. 'tis pliable to every passion; 'tis easily tainted with prejudice; 'tis biased by self-interest: and therefore without Laws a most dangerous guide, etc. 1. Like a broken Bow, every passion is able to make it start aside, and forget its business: Diis proximus ille quem ratio, non ira, movet. 'Tis a rare thing to find that man, whom, not Rashness, but Reasons governs. How easily is Conscience biased with foolish pity? then which, in a Judge, scarce any thing is more dangerous: both the Truth and sad Effects of this, he that runs may read, in Eli's carriage to his Sons: his gentle Reproof, how ill did it become their horrid and notorious Practices? 1 Sam. 2.23 how far was it beneath the just rigour of those holy Laws, which they had transgressed? what dishonour brought it to the Name of God? Vers. 17. what Judgements upon his people? The vilest Miscreants, what Encouragement would they take in their wickedness, were Conscience only to be their Judge? how would base Natures presume to bribe it with their tears? and how apt were it to be so dealt with? I have often observed, (and do think it is not the least Ground of that experimented Maxim, Sanguis Martyrum est semen Ecclesiae) that Misery will extract Compassion towards our most bloody Enemies, our greatest Opposites: nay, the very pains and charge, which, even wicked actions expose men to, were Conscience the Judge, must be looked upon. 'Tis pity Ziba should lose his Asses, his Journey, and his Good Will too. Were this the Rule, the cry of Justice against a Thief, an Adulterer, would scarce be heard, amidst the sad and loud Complaints of Wife and Children: but such foolish pity would destroy a Commonwealth: though this Affection be most commendable in others, yet is it blame-worthy in a Magistrate. But more of this in the Application. And since Envy, Malice, with several other of the Passions, do more violently prosecute their Ends, than this of Pity; what hath been said of it, might with advantage be spoken of them. 2. This flexible Rule, is easily infected with prejudice: while Conscience sits Judge, those have a singular advantage, (if I may use that vulgar saying) who cry Whore first, who are the Plaintiffs. This poor Mephibosheth knew, to his cost. David is so biased by the Servants precedent Information, that the greatest satisfaction his Master, whom he had slandered, can expect, is to come off with loss: half his Estate he must forfeit; and 'tis well he escapes so. How were that Prince's eyes stricken bloodshot with Ziba's false Gloss? nor did this prejudice, like Paint upon Church-Windows, only keep out Light; but, as he that looks through a coloured Glass, thinks all Objects of that dye; and knows not how to undeceive himself, unless he change his medium: so doth David's Conscience, being thus tainted, judge Mephibosheth's righteous Cause of its own colour. Thus known Laws would not have done: they are not so easily stained, but keep their native complexion. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they are deaf as well as blind; they scorn to lend an ear to men's secret whisper; but approve much better of Solomon's Rule then David's Practice, Prov. 18.17. He that is first in his own cause-seemeth just; but his neighbour comes and searches him. 3. This flexible Rule is easily bended by self-Interest. Did those that sit in Judgement lie under only the controls of Conscience, how readily might they say, The Case is altered, when they perceive it either to concern themselves, or any who could but purchase their Favour? Have you read that story concerning Judah and Tamar? Gen. 38. and did you observe how suddenly his Judgement varied? self-centriety drew Conscience to two opposite Points in an instant: in the 24 verse, he commands her, without farther deliberation, to be burnt. But good men will be partial towards themselves. When he understands by whom she was with child, though this aggravated her Crime also, (for what before he thought Whoredom, now proved Increst) how easily did this Judge remit the punishment? Were Conscience ever so quicksighted; (though we shall anon prove its eyes to be but dim) could it, like some well-touched Needle, point exactly where it ought; yet as Iron would that, so would Gold draw this aside: as the juxta-position of the smallest Loadstone would put the Needle into a quivering posture; yea, make it dance the Round, not knowing in what part of the Compass of settle: even just thus is every selfish Respect, apt to deal with Conscience. And how dangerous were it in the midst of a troubled Ocean, to sail by a Weather-cock-Needle? How impossible for the most skilful Artist to work exactly by a Leaden-Rule? This is the second Reason drawn from Conscience. Conscience is a defective Rule; Reas. 3. 'tis too scant to measure out Justice in its due and full proportion. We have already proved it to be but a reflected Light; and 'tis a known Maxim, Quòd Radii reflexi sint semper imbecilliores, that reflected Beams are more feeble than direct ones. If with a strong Hand you strike a Ball against the Floor, visible Experience will show you, that it makes not its Rebounds with so forcible a motion as it was carried thither. Nay, the Light by which Conscience proceeds in its work, is but a Reflection of a Reflection: for even the Understanding itself sees but with borrowed eyes. Stars have no Native Lustre of their own: but that which sparkles in them, they derive from an higher Fountain; and so doth the Intellect. Conscience receives its Light, but at the second or third Rebound. And how impotent are the Moon-Beams, when compared with the Sun's more powerful and active Rays? But besides this, even Reason itself, which holds the Candle, while Conscience reads, is but a poor contracted thing. Homer's Wisdom might have been abbreviated into as narrow an Epitome as his Works: a Nutshell would have held them both. How few are there that understand what recta ratio means? Do not the Wisest see weakness enough in themselves to make them blush? How easily doth the next plausible Author, or able Disputant turn us from what but now we thought, a well-resolved Judgement? Did not the Wise Philosophers bathe themselves in the dirty Puddles of Error? Aristotle votes the World Eternal. Plato places rational Souls in fixed Stars. Heaven must be their Mansion-house; while earthly Tabernacles are fitted for them. Pythagoras thwarts at once both Scripture and Reason: though that asserts, The Spirits return to God that gave it, Eccles. 12.7. Yet this Philosopher, upon its parting with its Body, eclipse its Wings, and keeps it here; and rather than fail, even Bruits of the most ignoble species, must give it Entertainment. In his Opinion, Actaeon's Dogs, having eaten their Master's Body, might drink up his Soul. We must confess, (for the Word of Truth hath spoken it, Gen. 1.27. compared with Col. 3.10.) that the Image of an Infinite Wisdom, was once imprinted upon the Soul of Man: and the Stoics gazed so long upon, but the ruins of this beautiful Object, till, like Narcissus, they grew enamoured of their own Pictures. 'Tis true, Reason was once a most bright and glorious Torch: but alas! being confined to the dull and dusky Lantern of humane Bodies, this Candle of the Lord, (for so the wise Man calls it) is waxed dim, Pro. 20.27. and shines but weakly. And if the Window be grown so darksome, which should let in Light to direct the Conscience in the ways of Equity, Truth and Peace: if Reason, which is the only Guide to its feet, and Lamp to its paths, be thus overcast with the shades of Error, without the assistance of known Laws, it can be but an unsafe Rule in matters of Judicature. This is the third Reason drawn from Conscience. Conscience is a most uncertain Rule, Reas. 4. I mean not only incertitudine Objecti; for its flexibility hath proved that in part already; but incertitudine Subjecti: even those who were to walk by it, could never be acquainted with it. Whence would ensue an impossibility of obedience; the disjointing of a Commonwealth; with a continued fear and diffidency in the minds of Subjects. And 1. these, though innocent, would always be in a trembling posture, always in fear of the Revenger: for unless Consciences were all cast in the same mould; those very Actions which please themselves, as being correspondent to their own Light, might incense their Rulers. 2. And since Obedience is nothing else but the correspondency of men's Behaviour to the Laws of their Magistrates; which cannot be without a knowledge of those Laws; this, where the Rule were so unsearchable and hidden a thing as Conscience is, would be impossible. Not without just cause therefore, hath the Prudence of all Ages, made Promulgation, de essentiâ Legum, this must ingredi Definitionem. Suarez and Aquinas dare not venture upon the description of a Law without it: 'tis the publication of Acts and Ordinances, which stamps upon them their commanding power. Subjects till then, are neither bound to own them, nor submit unto them. Some do thus expound Paul's circumcising Timothy, that notwithstanding this Ordinance were long before abrogated, yet was not that so publicly declared till Paul afterwards did it himself, Gal. 5.2, 3. I want time to show you how the Supreme Legislator hath still divulged his Will and Pleasure to his Subjects: Rom. 2.14, 15. first by the silent voice of Nature's secret Dictates: then, by the louder noise of Thunder upon Mount Sinai: and since, in a more Gospel-strain, Heb. 1.1, 20 Mat. 5, 6, 7 cap. by the milder blasts of Sion's Silver Trumpets: And to what end was all this? but that the rebellious Sons of Adam might not think with an ignorantia invincibilis, to palliate their Disobedience. But 3. the uncertainty and variableness of this Rule would disjoint a Commonweal: 'twould suddenly speak it; yea, of necessity make it an Heterogeneous Body: for according to the indifferent capacities of those Men who were to judge, 'twould be partly Hay, and partly Stubble; partly Gold, and partly Dirt. Laws were always esteemed the very form of the Politic Body; and the compositum cannot be unum quid, where the form is multiplex. I remember an Exercitator in these times, hath urged this Argument against the erecting of Judiciary Courts in each County; That the various Constructions, which would be made in these Courts, though upon one and the same Law, must needs breed great confusion; and in a short time make the Commonwealth strangely unlike itself. Then how much greater confusions must our Constitution beget? in which the Laws will be as various as the Minds of Men; among which there is such disparity, that these words, Quot homines, tot sententiae, have now for some hundred years been thought to spell a Truth. Were Conscience the Rule in matters of Judicature; what commends a Man in this City, in this County, might hang him in the next: what this Magistrate enjoins as a Duty, another, living perhaps in the same Town, whose Conscience is of a larger or more contracted size, shall forbid as a Vice: what Monsters would Cities, Kingdoms, Commonwealths be, were this project set on foot? This is the fourth Reason drawn from Conscience. Conscience is most arbitrary Rule: Reas. 5. were a Judge confined to no other Bound, since this and the Will lie cloistered up in the same Breast, he might pretend the one, and yet be acted by the other: his private sic volo, sic jubeo, would quickly supplant it, and supply its place. Nor can any thing be more dangerous, then for the Wills of some few, though good Men, to become Laws unto all others. Did I say, their Wills? yea, their vilest Corruptions. David's Lust must be Joab's Law, and Uriah's Death, 2. Sam. 11.15. The Envy of some, and the Ambition of others, would be the poor Plaintiff's non ultra, like the Decrees of the Medes and Persians, unalterable. And what insufferable enormities would this of necessity produce? To enthrone Conscience in the Seats of Judicature, were to put so unlimited a Power into the hands of ordinary Men, as hath always make Kingdoms and Nations to groan under it, when executed by the wisest and best of Princes. Though Joab, Shimei and Adonijah, died justly, and their Blood let it rest upon their own Heads; yet the manner of their Condemnation, were enough to make the most innocent Subjects tremble. Were Conscience the only Rule in matters of Judicature, the description of an Heathen Tyrant, and Christian Magistrate, would be one and the same: this Motto, Stat pro Ratione Voluntas, would indifferently serve them both. And have you read their Pressures who live in the Torrid Zone of the Turkish Empire, who sweat and sigh under the weight of that Iron Sceptre, which is wielded by the Ottoman Race, where the Sultan's Nod is enough to strangle the Greatest Persons in his Dominions? why know, that to invest Conscience with the forementioned Authority, were to place a Monarch equally absolute in each petty Jurisdiction. This is the fifth and last Branch of the second Argument drawn from Conscience. The third is taken from our Judges, Arg. 3. or the Managers of this unsafe Rule, What they may be: And although we have hitherto supposed them to be david's for Piety, and solomon's for Wisdom, (and many such we presume this Age affords) yet in time they may be, the weakest and worst of Men. Any, who can but draw the specious vail of an high Profession over the most notorious Actings; any whom Estate or Cunning, can usher upon the public Stage, & render conspicuous among the vulgar: yea, some perhaps, no less forlorn in Practice and Principles, than those foretold by Christ, John 16.2. who shall think the Blood of God's faithful Servants, a wellpleasing Sacrifice: and whether to trust these with the wielding and forging of a Civil Sword; whether to put so sharp a Tool into such mad men's hands, be not dangerous, let any judge. This is the third Argument. The fourth is taken from matters of Judicature, Arg. 4. what they are: And they are sometimes matters of intricacy, and always matters of weight. 1. They are sometimes matters of intricacy; and we have already demonstrated a scantness in Conscience to measure such: men's single and indigested thoughts, without the assistance of known Laws, are seldom able to dis-entangle them: for omnis festinatio caeca est, they are the words of Seneca: He cannot describe a Country, who rides Post; nor those Judges search an intricate Cause to the bottom, who make haste. And 'tis not imaginable, that our conscientious composers should dwell long upon what is brought before them, if their labours be not well rewarded: for though the novelty of such a Trust may make them Zealous for a season; yet this without Oil will soon decay. They'll read, and quickly learn to construe so much Latin, Propter Officium datur Beneficium, That Pains and Profit ought to be Concomitants. And now, though the Grand Pretence in the Infancy of this Constitution, must be the Subjects Ease, and the greedy Lawyers deserved Ruin; yet the event will prove, that the fairest proportion of Justice, may be purchased by the heaviest Purse. Nor are the best of Men secured from this Temptation; for, a gift blindeth the wise, and perverteth the words of the righteous, Exod. 23.8. But 2. they are always matters of weight. Solomon's Observation, touching the terrible effects of a Prince's wrath; that 'tis as Messengers of Death, Pro. 16.14.20.2. and his Fear like the roaring of a Lion; are chief grounded upon this Truth: not only Men's trifling Concerments; but whatsoever is most dear unto them, falls under the Jurisdiction of their Magistrates: and that Fence will not become our Closets, which may yet secure our Gardens: what speaks our Lumber sufficiently safe, would render our Plate and Jewels hazardous. Though it were but a pardonable oversight, to adventure the disposal of some supernumerary Enjoyments, without the Conduct of known Laws: Yet since our Estates, our Lives, our Liberties do all depend upon the Breath of a Judge: and (to let pass what we have spoken in the third Argument) since the Mercies of Men are Cruelties, (for so much may be inferred, as the Antithesis will evince, from the Reason of David's choice:) I say, 1 Chr. 21.13 it being thus; 'twill be dangerous leaving this Breath arbitrary or subject to no other Check but that of Conscience, a Rule which cannot be measured by any other above, or without itself. But more of this in the next. This is the fourth Argument. The fifth and last Argument to prove Conscience without Laws an unsafe Rule, Arg. 5. etc. is taken from some grand Inconveniences which would follow upon this (I mean, besides those which may be rationally drawn from what we have said already) and they are among many others these three. 1. Were the known Laws of a Nation cancelled, the Jus positivum laid aside, and Conscience seated in its Room; this would inevitably drive us to the Judicial or Moral Law, or else to the Scripture itself, as our final Umpire in all Contentions; for sin being only the swerving from some received Rule, 1 John 3.4. Rom. 5.13. these Judges, unless some such Rule stand by them, can pass no Judgement upon their own or others Actions. And should the Magistrate regulate his Conscience by the Judicial Law, how unsuitable were that in many things to the present state of these Nations? Were Theft among us only punished with a restoring fourfold; how many thousands may be found, who rather than work, or want, would venture that? If by the Moral Law, without some large and voluminous Comment, (too large, I fear, to be often read) even wise Men would be unable, by its sole Direction, to determine many, yea, most Controversies. And although the Word of God be a most Holy and Perfect Rule; yet the deplorable Experience of these Times, is Proof sufficient, that this also may be wrested to the indirect and collateral Aims of wicked men: How easily, how often is it abused by the Ignorance of some, and the Corruption of others? Were the Application of this Righteous Law left to Conscience, the Quakers Dreams might commence uncontrollable Edicts. Some would leave their Wives, their Children, their Families; and our Saviour's Words, Mat. 19.29. must both justify and commend them. Were this left to Conscience, Tarqvinius his Counsel would be practised in these Nations; our tallest Poppies, Men of Estates and Eminency, must be cut off: Community, that now exploded Levelling Principle, would resurgere è Sepulchro, rise out of its loathsome Grave, (where long may it lie buried) and tread, what hath hitherto opposed it, under its feet, unless you'll expunge Acts 2.44. which proves, that they parted their Goods, and had all in common. Were Conscience once commissioned, to expound and apply Sacred Truths to Civil Matters, how soon would some enlarge the Borders of this Paradox, Dominium fundatur in Gratiâ? Not only Power, but Possession; both a Right to Rule, and a Right to Enjoy, would be founded in Grace: this dangerous Tenent, That the Godly must have all, and others nothing, would march furiously with a Jus Divinum proclaimed before it; because the Lord hath said, that the meek shall inherit the earth; Psal. 83.11 and Paul tells the Corinthians, that all was theirs, 1 Cor. 3.22. 2. To appoint Conscience without the superintendency of Laws, our Rule in Matters of Judicature, would put the Legislative and the Executive Power, in one and the same hand. This is another grand Inconveniency, which the Prudence of our Ancestors hath carefully prevented, by causing these to run in different Channels. 'Tis a good Note of the Lord Verulam's, That Judges ought not, Jus dare, sed, Jus dicere: their Work is not to make, but to apply the Rule; whiles he that steers by no other Compass then his own Conscience, doth both. Which (to omit, that the Emphasis of Tyranny must needs attend it) would make Men and timorous, how they denounce the justest Sentence; and likewise cause much odium to reflect upon them, from such as fall within their reach; because the Law that punishes, shall be esteemed his that judges. We scarce ever observe, (which I speak not in disparagement of that way; so it be free, and not forced; for doubtless, 'tis a most commendable and Christian course, 1 Cor. 6.5.) I say, we seldom observe a Difference, though but in ordinary and petty matters, referred to Arbitrators; but those who undertake it, from one side or the other, shall contract ill Will, for doing but their Duty in it: while known Laws, standing in the room of a third Person, even he that feels the smart of these, cannot but applaud their Rectitude, with the faithfulness of his Judge, and quarrels only with the obliquity of his own Actions. 3. To leave Conscience thus independent in Judiciary Proceed, would render the most unjust Magistrates unaccountable, since no Sentence could be so horrid and villainous, but might take Sanctuary in the Bosom that pronounced it: for 'tis impossible to convict such of Irregularities, who may plead a Conformity to that Rule, which none can examine but themselves. If John of Leyden, the Prodigy of this last Century, will say, 'Tis his Conscience to have fifteen Wives at one time: to seize the Estates of all who dare not join with him in his wicked Projects: to convert heaps of learned and useful Volumes into a Flame: to murder his own Wife only for pitying the languishing Inhabitants of poor Munster, the miserable Scene, upon which were acted these Abominations. And if that Conscience be his Rule: these Practices need no further Justification; his ipse dixit must stand: 'tis not for Man to contradict it, since God alone can try the reins, Jer. 17.10. These are the three grand Inconveniences, and our fifth or last Argument. The Doctrine thus confirmed, will afford us these following Uses: viz. A Word 1. of Exhortation; 2. of Caution; 3. of Encouragement; 4. of Humiliation; 5. of Instruction. Are the Consciences of Wise Men an unsafe Rule? Use 1. Then hence let me speak one Word to those Honourable and Learned Persons, whom Providence hath appointed to sit in Judgement in this Place, and at this Time. And, my Lords, let this Text and Doctrine, persuade you to stick close to those Laws by which you are governed yourselves, and aught to judge others. That Magistrate is not fit to act, who is so shackled with the scrupulosities of his private Conscience, or rather overweening Fancy, as not to keep pace with the Rule he is sworn to walk by. We doubt not, (and let his Name be praised for it) but the Lord hath, in a high measure, bestowed upon you Solomon's Portion, even wise and understanding Hearts. And if Laws were only the free Ebullitions of Reason, there were some Pretence why that Wisdom without these, might be your Guide: But your Lordships know, That the Jus Proprium in most Nations, is little other than the Product of Experience and Necessity: for ex malis Moribus fiunt bonae Leges. And those that chase the Wild Boar, must not think to make their pursuit in a strait Line (though that were more beautiful and commodious) but must follow as they are led. Even so our Lawgivers in all Ages, (being to pursue the Vicious Humours of Unreasonable Men, through their untoward Mazes, and wild Maeanders) did sometimes step out of the Paths of Reason, 'cause what they followed was Irrational. Hence 'tis that Laws differ as much as Climates; what one Country explodes, the other applauds; while Reason is the same in all Places. That's the first Branch of this Use, Let your own private Reason strike Sail to known Laws. Secondly, As Judges may not rely upon their own Understandings; so neither listen to the Plead of their own Affections: for the Judge himself is condemned, when the Guilty is acquitted. As Prejudice must not persuade your Lordships to torture Laws; so neither Pity to gag them. These are the Sylla and Charybdis, the two Rocks your Lordships ought carefully to avoid: for he that justifieth the wicked, and he that condemneth the just, even they both are an abomination to the Lord, Prov. 17.15. And wonder not at this, since Lenitas erga malos est crudelitas erga bonos; when the Wicked are pardoned, the Righteous are punished. If any object, Object. That Mercy and Justice interwoven, is that Robe which best becomes a Judge; and that Magistrates, being called gods, aught to imitate the Lord in that, even as in other Attributes: We answer by granting the Allegation, Answ. but with this Difference, That God hath mercy upon whom he will have mercy; but they, upon whom they ought: for though it be his Glory to conceal a thing, yet is it their honour to search out a matter, Prov. 25.2. This is the first Use, A Word of Exhortation. Is our Doctrine a Truth? Use 2. Then take heed of being again decoyed into the least Approbation of these, or the like Destructive Principles: That Commonwealths may be governed without the known Laws: That conscientious Men, without the guidance and superintendency of these, can steer a State. Recollect what hath been alleged, concerning the impossibility of this. What though thou art thyself raised above that Oppression and Mischief which would ensue upon it? yet remember, thy poor Neighbours are not, and thy Children may not be. There are some, who (like that traitorous Underminer of his Father's Kingdom, 2 Sam. 15.) do stand in the Gate, wishing that they were Judges in the Land; and that Men might bring their Suits to them, for they would do them Justice. But know, that there is much difference between Absolom on Foot, and Absolom on Horseback; he kisses in one posture, but kills in the other: He that's courteous in the Stirrup, is churlish in the Saddle. The Hedgehog is no sooner entertained in the Fox's Den; but he sets up his prickles, and tells his Host, If he like it not, he may leave him there. Can the grand and primary Projectors of this reformed Model, have accomplished their Ends, though they seemed before to want Fingers, yet would they then have found Claws. 'Tis dangerous tasting Poison, though wrapped up in Sugar. And this Design of Extirpating Laws, and Enthroning a pretended Conscience in their room, was too loathsome to be otherwise swallowed; too deformed to appear without a vail: for if the Wolf will enter the fold with the Sheep's consent, he must wear their Livery. Do any object, Object. That this Discourse and Caution are both out of season? My Answer is, Answ. That I could wish them more out of season, than I fear they are: for that Physician must love his Profit too well, who is quarrelsome because his Neighhours are not sick. Besides, though God hath blown this Cloud from off Men's Understandings at present; yet how soon its scattered parts may reunite, and a second time overspread us, we do not know. This is the second Use, A Word of Caution. Is the superintendency of Laws so requisite, etc. Use 3. Then let this encourage Magistrates, both in their Work, and in their Way. In their Work: For this Doctrine speaks it highly necessary. We cannot live; our Commonwealth cannot stand: but without it, sinks under its own unwieldy Bulk. And because, to have no Rule, and having one, to want Knowledge how to use it, is the same thing; This Doctrine doth commend their Way too: for our Magistrates are acquainted with this Rule; they are versed in the known Laws of these Nations, without which, Justice would be defective, even lame as well as blind; and Conscience but a feeble Reed, shaken with the Wind of every passion: Law is the Compass, by which our Magistrates direct their Course; and the want only of this Pilot, made David's Judgement so Oppressive, his Sentence so Injurious. This is the third Use, A Word of Encouragement. Is Conscience without Laws, etc. Use 4. Then let this humble the wisest and best of Men, while our Doctrine displays before them their own Frailties. Let them blush to see what poor contracted things they are; how easily turned aside with every slanderous Breath; how unable to judge, even the smallest matters. Nor may any object, what some have said concerning Natures Law, (from which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or primary act of Conscience, differs only ratione) that this Law is the clearest Light, the best Guide; for I have heard that already: and that those who act according to its Dictates cannot err; for I have heard that too. I have read these and other the like Encomiums of Nature: Idem beatè vivere & secundum Naturam, ad illius Legem Exemplumque formari sapientia est. But pray who was it that thus commended Nature, but some conceited Stoic; some purblind Heathens, who had lost their eyes with doting so fond upon so foul a Mistress? Doth not Scripture teach us, that Nature is brutish, blind and dark? Doth not Experience teach us, that Conscience is turned and Ignis fatuus, and leads us into the paths of Error? 'Twas once indeed a Star of the first Magnitude a bright and shining Taper: But alas! how is it now depraved? how surrounded with smoke and blackness? It receives its Light only from an eclipsed Sun, from a beclouded Intellect; and that Moon which doth so, will shine but feebly. This is the fourth Use, A Word of Humiliation. If the Consciences of wise and good Men be so unsafe a Rule, etc. Then, Use 5. 1. Hence we may learn, what pitiful work would wicked Men and Fools have made? what lamentable Stories would a little Experience have told of such? How many Innocents' must have groaned under the Pressure of their Ridiculous and Unjust Decrees? If a Sentence so Unreasonable, (as this in our Text) drop from David's Mouth, what may we expect from Saul's? Ziba so far prevailed with the Former, as to rob one Man of his Estate; but Doeg so far with the Latter, as to bereave some Hundreds of their Lives: Fourscore and five of the Lord's Priests may die their Ephods in their own Blood, 1 Sam. 22. He chose the better part, who desired, rather to Live under the most cruel Tyrant that acted by a Declared Rule, then under the best Prince without it. And if the Holiest Men in these Nations, without the Guidance of known Laws, be uncapable of so great a Trust; Then, doubtless for the Consciences of Malicious Selfish Hypocrites to be made the Standards of Right and Wrong, had been most sad, and dangerous. 2. Hence we may learn, to look back, with silent Admiration, upon that desperate Rock we have escaped; to review that Unavoidable Ruin, which so lately threatened us, with a thankful Astonishment. 'Tis not long since we saw some seated in the room of the Judge, who neither knew the Laws, nor pretended to act by them. 'Tis not long since Wise Men in a Distracted Posture, stood gazing upon each other, listening diligently what horrible Desolations their misguided Zeal would give Birth unto, whose Grand Consultations were, how to raze the Foundation of this Commonwealth, and Extirpate its Laws. Hath that Eye which neither slumbers nor sleeps prevented this? Break forth into praises for so great, so undeserved a Mercy. 3. Hence we may learn, To bless the Lord for that eminent Assistance and Direction he graciously vouchsafed his Servants lately assembled in Parliament: To bless the Lord for giving them Courage and Resolution to assert the known Laws of these Nations, the standing Rule by which they must be governed: To bless the Lord for putting into their hands that Ariadne's Thread, which hath been their Conduct to so hopeful a Settlement, through the thick Darkness of former and late Confusions: Yea, To bless the Lord that out Supreme Magistrate is now a second time engaged by Oath to Manage his Great and Weighty Trust, according to the Laws of this Commonwealth: And that in so good a Measure God hath restored our Judges as at the first, and our Counsellors as at the beginning. FINIS.