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A94173 Ten lectures on the obligation of humane conscience Read in the divinity school at Oxford, in the year, 1647. By that most learned and reverend father in God, Doctor Robert Sanderson, Bishop of Lincoln. &c. Translated by Robert Codrington, Master of Arts. Sanderson, Robert, 1587-1663.; Codrington, Robert, 1601-1665. 1660 (1660) Wing S631; ESTC R227569 227,297 402

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it like a nose of wax and to inforce it to an interpretation for their own profit according to their own sence And as that Lacedemonian said that all things at Sparta were honest which were profitable these sparks of Sparta think nothing is filthy enough nothing is to be avoided that may be subservie●t to their advantages But fie on this mad Divinity let it be f●r from our Schools Pulpits and Brests The holy Apostles of our Saviour have far otherwise instructed us who would give no place to that question Is it expedient or not 1 Cor. 10. 23. before they were fully satisfied in that other question is it lawfull or not Nay the more sober sort of the Heathens themselves were of another judgment who as often as Honesty did seem to disagree with profit they so always have made the reconcilement that they have pronounced that the same is not profitable which is not also honest XXIII But to make no long digression St. Paul in this verse doth altogether deny that any evil is to be done that good may come thereby than which words what can be spoken more plainly or effectually to prove our conclusion But not long since I heard with these ears when those words of the Apostle were urged and some then present could not otherwise defend what they so much desired to maintain they made use of this distinction that it was not lawfull indeed for a private man to do evil at his own pleasure that good may come thereby and this was only that which St. Paul in these words did prohibit but it was lawfull notwithstanding for the common-Council of a Nation to whose care it doth belong that the Common-wealth should receive no detriment to do it if the publick necessity and the safety of the people do so require What and how much is to be done for the safety of the people I shall hereafter God willing examine and determine In the mean time it is in the first place to be observed that this is but an extravagant suggestion and that there is nothing in the whole discourse of St. Paul on which that distinction may rely Secondly If we shall mark the force and the scope of St. Pauls argument in this place we shall perceive that all such limitations and ridiculous inventions of deceitfull men for the Apostle here meets with the objection for promoting the glory of God by the sins of men he denyeth that evil is to be done for that end to render the glory of God more illustrious It followeth therefore a fortiori from the stronger that no evill things are to be done for any thing that is inferiour to the glory of God And seeing the glory of God is infinitely to be preferred to all humane good whatsoever whether publick or private and it is not lawfull notwithstanding to do evil for Gods glory certainly it is not lawfull for a private man or for the Representatives of a whole Commonalty for the redresse of any publick or private inconvenience to do evil themselves or to commend it to be done by another XXIV Let us meditate I beseech you my hearers on these things with our selves and that most seriously and the worse that the dayes are and the more that the snares of temptation are and the assaults more violent let us walk the more exactly and look unto our steps with a greater circumspection let us not suffer our selves by any machinations of the Devills or allurements of flesh the world to be led aside though never so little from that right that streight path of the Commandments of God carrying allwayes in our memoryes that the evils which wittingly and willfully we have committed shall find no excuse in that day when God shall be our Iudge and our Consciences our witnesses And thus much concerning the pretence of a good Intention what remaineth to be spoken concerning the examples placits of men so far as it appertaineth to the regiment of conscience I will God willing proceed to give you a full account of it in my following Lecture THE THIRD LECTURE In which is declared that neither in the examples of good men nor the judgment of experienced men there is protection enough to secure the Conscience GAL. 2. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the other Jews dissembled likewise with him insomuch that Barnabas was brought into their dissimulation also HAving propounded to my self to examine and discover to you the adaequate rule of Conscience which is to be the certain and safe Law how to lead our lives I conceived it in the first place most necessary to declare unto you in what a grievous dangerous errour they are who think in the things they do they provide well enough for the security of their own Consciences if either by the flattering intention of some good end or the example of some holy man or the authority and judgment of a man famous for learning and piety they can any ways defend themselves and what they have done And truly how little protection there is in a bare good intention either as to the benefit of the Conscience or the confidence of any good work without the other concomitants of it I think hath been sufficiently declared by me in my former Lecture where by many reasons I have convinced that no evil is to be done that good may ensue thereby It remaineth that this day I do represent unto you that neither the example nor the judgment of any man ought to be of so great authority with us that our Consciences may securely rest in either of them and neither from that alone can we duely conclude that all things which are passed are rightly done or those things for the time to come are simply lawfull to be done which another man indued with never so much learning and sanctity hath either done himself or hath judged lawfull to be put into practice by another II. Moreover how unsafe it is to frame our lives and actions to the examples of other men and how unsatisfying it is to the security of the Conscience to defend our selves by alledging that whatsoever we have done or are about to do hath been done already by some pious man before us may by a most cleer argument appear by the words of the proposed Text especially if we shall go a little higher and derive the ground and the occasion of them from the History of the thing performed St. Peter the Apostle living at Antioch amongst the Gentiles converted to the Christian faith who were not bound inconscience to the observation of the Law of Moses did freely eat with them and did partake of whatsoever meats were set before him as well prohibited as permitted to the people of the Jewes without the least scruple according to the liberty which he had in Christ But when some Christians of the nation of the Jewes came to Antioch from Jerusalem whither they were those false brethren 〈◊〉 〈◊〉 〈◊〉
long use and Custome which is as it were another nature Fourthly by reason of the depraved affections which do ecclipse our judgments and do hinder the right use of them From these and many other causes it is so obvious unto men to erre to fall and to be deceived that it hath been long agoe a proverb Humanum est errare It is the property of a man to erre XXVI Adde to this in the second place that not we our selves do not alwayes sincerely judge of their piety and wisdome whose Judgments we do desire to follow it being very customary with those men who permit themselves to be governed by the arbitration of other men to make choice of such Conductors whom they before are confident will lead them in that way in which before hand they had determined to go themselves Thus doth Satan hold fast unwary men being as it were inclosed in his circle If you demand of them why they suppose such a thing to be true and right they answer Because this or that wise and godly man hath so taught us If you again shall demand of them how they do know their Teacher to be a pious and a prudent man they answer or at least would so answer if they would speak according to their hearts because he thinketh as we do think Et sapit mecum facit Jove judicat aequo The man is wise and doth as I intend And judgeth rightly having Jove his friend Many there are indeed who do measure the piety of other men not according to the practice of the duties of a Christians life and by the works of righteousnesse Mercy Charity and Devotion but by an affection to that faction to which they have bequeathed themselves and by the hatred to another party to which they professe themselves to be Enemies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Apostle 2 Tim. 4. 3. They shall heap up unto themselves Teachers according to their own desires The Metaphor following is most proper 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when their ears do itch they seek those that will tickle them and thus the same doth befall them which in the old proverb is expressed Muli se mutuo scabunt One Mule doth scratch another XXVII Thirdly the word of God doth expressely forbid us to subject our Consciences to the judgment of any other or to usurp a Dominion over the Consciences of any one Ne vocemini Rabbi unus est enim vester 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magister Praeceptor Doctor Unctor Christus Be not ye called Rabbi for one is your Master who is Christ the word in the original signifies as well School-master Tutor Leader as Master And my brethren be you not many masters saith St. James Chap. 3. verse 5. To this purpose is that of St Peter in his first Book Chap 5. verse 2. Feed you the Flock of God which is committed to you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding forth a light before them that is the Doctrine of the true faith and the example of a godly life but not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not as excercising a domination and an uncontrouled empire over the Clergy or the people of God And again 1 Cor. 7. 23. Emp●i estis pretio nolite fieri servi hominum You are bought with a price be you not made the servants of men that is do not submit your Consciences to be governed by the Authority of any man according to his pleasure and command XXVIII From these things which are thus stated and proved to give you now some few Corallaryes and those in a few words it followeth in the first place that the insupportable pride and tyranny of the Pope of Rome ought most deservedly to be hated by every true Christian who by arrogating an infallible judgment to himself and to his chair doth by that name exercise an usurping power and domination over the Consciences of men and pretendeth so much right thereunto that if he should say virtues were vices and vices virtues all Christians are bound under the penalty of mortal sin to submit to his judgment without the least doubt or scruple We are therefore with all thankfulnes to acknowledg the great and Singular goodnes and mercy of Almighty God who for these many years hath freed us and our fore-fathers and the Church of England from so unconscionable a Tyranny and hath again restored us to our just liberties XXIX But we must all of us and every one of us take heed that being freed now from that Tyranny we do not stoop our necks to a new bondage least we be found not so much to have shaken off our yoak as to have changed it Quae bellua ruptis Quùm semèl effugit reddit se prava catenis Horat. Like to the Beast who having broke his chain Fondly returns to have it on again 2 Satyr 9. It doth indeed concern us highly if seriously we would provide for the peace of our own Consciences or of the Church and Common-wealth to take care least what heretofore was spoken of the Church of Corinth I am of Paul I of Apollos and I of Cephas be not heard of us I am of Luther I of Calvin I of Arminius and I of Socinius No let God be true and every man a Lyar He is not worthy to be Christs Disciple who is not the Disciple of Christ alone The simplicity and sincerity of the Christian Faith hath suffered a great prejudice since we have been divided into parties neither is there any hope that Religion should be restored to her former vigour and purity until the wounds made wider by our daily quarrels and dissentions being anointed with the Oyl of Brotherly Love as with a Balsome shall begin to close again and to grow intire into the same unity of Faith and Charity XXX In the third place we are to take heed lest being too indulgent to our depraved affections we do suffer our selves to be so drawn aside into the admiration of some men that we wholly depend upon their Authority Jude 1● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which words the Apostle with a finger pointeth at the very Fountain of all this evill For this perverse admiration of Names hath no other Spring from whence it floweth but from this desperate self-admiration viz. whiles every man studyeth his own profit is ambitious of Honour and pursueth vain-glory and esteemeth no otherwise of all other men than according to the advantage he may receive from them And his Judgement being corrupted with these sordid affections he is most ready to admire those persons whom he thinks will be most ready to advance his Profit Honour Glory and his other inordinate desires And the very same thing another of the Apostles whom already I have cited doth expressely intimate they did choose unto them Master 2. Tim. 4. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to their own desires XXXI Neverthelesse that due Authority may be given to the Catholick Church
Christ The Scripture therefore as supernaturally it is to be believed is the only and Adaequate Rule of our faith and according to our actions and performances so far as they are spiritual and pertain to a spiritual end it is to be the only and Adaequate Rule of our Manners and by consequent the principal and as I may so speak it the Architectonical Rule of all our actions But seeing it doth belong to Conscience to look back on things that are done not only upon this account as they are spiritual that is to say whether they are done out of Charity and directed to a supernatural end but as they are moral that is whether they be good or evil lawfull or unlawful free or necessary that a right judgment may be passed on these things we are not only to seek unto the holy Scriptures but to make our seasonable addresses unto other helps XVI In the third place this is proved again by the Form the Character and the Temperature of the Scripture which seeing it containeth in it very many precepts but not all of one kind some of them pertayning to Manners some to Rites and some indifferently common unto all and some peculiar only to some Nation and some again to some one order or person Some of them induring only for a time and others of a perpetual obligation some by way of Counsel of things expedient according as the exigence of the affairs requireth and some again in the way of mandate or command of things simply or absolutely necessary in themselves if there were not some other rule besides the Scriptures for the discerning of moral from ritual precepts and of things temporary from perpetual and of things peculiar from common the Conscience would oftentimes labour in a Labyrinth of doubts and know not which way to turn especially when precepts of diverse kinds being delivered as it were in one the same breath in the same Phrase and in continued connexion of words do immediately follow and tread on the heels of one another For examples sake Levit. 19. 18. An example is there given to love thy neigbour as thy self And in the verse immediately following there is a command that two Beasts of a several kind might not be suffered to mingle in generation with one another and that one Field be not sowen with diverse sorts of seeds nor any garment made of Linnen thread interwoven with Woollen The first command herein is moral and universal the other but Ceremonial and judicial and peculiar only to the Nation of the Jews But when these things are read in the Churches it cannot by the Text appear what so great a difference there is betwixt them And in the 30th verse of the same Chapter the Sanctification of the Sabbath the reverence of the Sanctuary are equally commanded and in a continued course of words and even in the very same solemn sanction of the Law given Ego Jehovah I the Jehovah yet I doubt not but that most men are of opinion that in one of the Precepts the Consciences of men are at this day obliged to the performance of it and that in the other they are not Now what the reason is that their opinion is such the precepts in the Text being all alike and no distinction nor the least apparence of so great a difference there can certainly no other reason be given but that it proceedeth from the judgment of reason and prudence which being excluded obligatory precepts cannot so be known from those which are not obligatory but that the Conscience will be oftentimes in a suspence and not able to know or judge what is commanded to be done or what to be left undone XVII It is proved in the fourth place by an argument drawn from the inconvenicies which do arise from the contrary opinion that is from the most grievous calamities which have a long time afflicted the church of Christ by reason of the misunderstanding of the perfection of the holy Scriptures from whence a most dangerous error hath possessed some men of great estimation that they have declared that nothing can be lawfuly done or commanded which is not authorized by God in the Scripture or at least there approved by some laudable example This foundation being once laid not a few men of a hot spirit being transported to judge charitably of them with a zeale to God but not according to knowledge did begin to raise unnecessary strifes and disputation concerning the Ceremonies of the Church they did declare that all Ceremonies not expressly mentioned in the word of God were to be thrust out and for ever to be banished from the Church of Christ that Laws ordained by men concerning things Indifferent were to be cancelled that all the Churches throughout Europe were to be reformed all things to be reduced to the Evangelical purity and Simplicity The unruly rage of these men did hete for a while make a stand but it did not stand here long but as commonly it commeth to passe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one absurdity being granted a thousand will insue their boldnesse derived from his fountain did flow at last into an open rage and brake forth into an Anabaptistical fury And although the growing mischief hath gon so far that it can scarce rise higher yet every day it swels and more and more doth inlarge it self by bringing into the world new monsters of opinions that were we not assured by the word of God that the foundation of God doth continue firm and that the Gates of Hell shall never be able to prevail altogether against the Church it were much to be feared lest the universal Church of Christ overwhelmed with a Deluge of Atheism should utterly be swallowed up by it throughout the world XVIII And let no man think that in vain Rhetorick I do complain of this with more enuy than truth for I am most confident that he whosoever he is that is strongly prepossessed and infected with this errour shall never be able in his daily controversies any ways to satisfie the importunate arguments of the Anabaptists Socinians and other Sectaries whose names I am ashamed to mention For to passe by the established form of Ecclesiastical Government which now adays our Political Divines would either referr to the Civil Magistrate or quite take them away upon no other account but this only that they think it is no where expressed in the word of God they must take away with it the observation of the Lords day the Ordination of Ministers of the Gospel the Baptism of Infants the Sprinkling of water in Baptism for the dipping of the whole body the Sacramental reverence and many other things with all Ecclesiastical Rites and Laws or else having reformed their judgements they must confesse they may all of them be retained without or sin or scandal XIX But this you will say is to derogate from the perfection of the Scriptures which all the Divines of the reformed
knowledge whereof hath hitherto shined into our minds whether internally imprinted by the light of Nature or externally revealed by the Word or whether by our own meditation or by the institution of others is now more excellently and more illustriously made manifest unto us The chief Helps or Mediums thereunto are the Discourse of Reason and Authority the last of which is the Judgement and the Practice of the Church of which neither doth the time permit to speak much neither doth it self require that many things should be spoken of it From the Law of Nature many partic●lar Propositions of things to be done like so many Conclusions from their Principles are deduced by the discourse of Reason to the use of the Conscience In which unless we orderly proceed from the first unto the last we shall be apt to erre as already I have expressed we must therefore be very carefull that in every part of the Discourse the proceeding be legitimate that those things that follow may aptly depend upon those which go before and that the consequence be necessary lest the Conscience being mis-led do not dictate this or that or otherwise to the will than what it ought to do It is again to be feared lest we erre also in applying the holy Scripture unto the use of the Conscience unless a due regard of Reason be had unto Reason and of Authority unto Authority The Papists while they bestow all their studies that nothing be taken away from the Authority of the Church they give but little unto Reason The Socinians on the other side whiles rejecting all Authority they do measure Faith by Reason onely they do onely attain unto this that they grow mad with reason Both have the same errour but it variously deceiveth And both rocks shall not more easily be avoided than if Authority with Reason and Reason with Authority shall handsomely and prudently be conjoyned XXXVI What place either of them ought to have in the right and orderly unfolding and applying the holy Scripture it is not for this time or my present purpose to represent unto you I shall touch upon it in few words There is especially a twofold Use of Reason in relation to the Scriptures Collative and Illative Collative diligently to compare those divers places of Scripture especially those which seem to bear a remarkable correspondence or repugnancy amongst themselves Illative the propriety of the words the context and the scope being found out effectually and artificially to infer Doctrines being in the mean time not forgetfull that we must attribute so much the more to humane Reason in things to be done than in things to be believed as the mysteries of Faith do more exceed the capacity of natural understanding than the Offices of Life XXXVII The chiefest use of Authority is to beat down the boldness of Hereticks and Impostor who indeavour to cast a mist over the clearest testimonies of the Scripture and to elude the force of them with their subtilties and distinctions whose mouths you can no better stop nor more effectually preserve your selves and others from the contagion of them than by opposing unto their Sophisms and Deceits the Judgement and Practice not of one or of a few men not of one Age or of one corner of the Church but of the whole Catholick Church of all places and all times spread over the whole face of the Earth so heretofore those great Advocates of the Christian Faith Irenaeus Tertullian Vicentius and others judged it to be their safest course to deal with their Adversaries by the right of prescription which how advantagious it hath been to Christendome the event hath taught But those things which deserve a larger consideration I am now forced to omit being mindfull of the time of you and of my self and to defer unto another day what remaineth to be spoken concerning the Obligation of Humane Laws THE FIFTH LECTURE In which the Question is thorowly handled concerning the Obligation of Humane Laws in general ROM 13. 5. Wherefore you must be subject not because of anger onely but for conscience sake HAving begun the last Term to treat of the passive obligation of Conscience I proceeded so far that having discovered and disclaimed those subterfuges in which a seduced generation of men do vainly fl●●ter themselves that there is some excuse or protection either for the fruit of their Consciences as to things already done or some security for things that remain to be done for the Intention of a good end or by the authority of another mans example or judgment I have proceeded I say so far as to examine and represent unto you that proper and Adaequate Rule of Conscience to which absolutely and simply it ought to conform it self where in the first place I shewed you that God only hath an absolute and direct command over the Consciences of men Secondly that the next and immediate Rule of Conscience is the light with which the mind at that present is endued or to speak after the Schoolmen Ultimum judicium Intellectus practici The last judgment of the practical understanding Thirdly that the written word of God is indeed the supreme and primary 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not the Adaequate Rule of Conscience * 4. Fourthly that the proper and Adaequate Rule of Conscience is the will of God which way soever it be revealed or which is the same again the Law imposed by God upon the reasonable Creature Moreover that more fully and more distinctly we may understand what this will of God is I made manifest unto you that Almighty God did lay open his Will unto mankind by a threefold means First by the Law of Nature which consisteth of certain practical Principles known by themselves which is called the Law of God written in our hearts Rom. 2. 15. Which is with an inward light and of the same o●iginal as our minds Secondly by the written word of God which is contained in both the volumes of the holy Writ and is an external light supernaturally revealed and infused into our minds Thirdly by a knowledge obtained from both the former either by our own meditation or from the Instruction and Institution of others and this as it were by an acquired light the chief helps and introductions whereunto are the Discourse of Reason and the Authority that is to say the Judgment and the practice of the universal Church II. I also did advertise you to make some way to this following Treatise that besides the Law of God which absolutely by its self and by its own peculiar power doth oblige the Consciences of all men and that in the highest Degree there are also many others which do carry an obligation with them but inferiour to the former and do oblige the Conscience not primarily and by themselves but secondarily and by consequence not absolutely but relatively not by its own power but by the vertue of some divine precept or Institution on which they
many obligations as there are Lawes being correspondent to them as to their Terms Neither is this Multiplicare entia sine necessitate to multiply Beings without necessity for the causes being multiplied it is necessary that the effects of those causes should be multiplied also And that it may seem incredible to none we may behold it or something very like unto it to come to passe every day both in things natural and moral It is evident to the sense that a man may be tyed to a Pillar with two or three cords as Peter Acts 12. 6. He slept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bound with two chains And it is to be doubted by none but that a man having obliged himself to the performance of such a duty which by the Law of God was incumbent on him he notwithstanding that first obligation may again oblige himself by Vow or Oath or Promise to render that obligation the more effectual Thus Jacob the Patriarch vowed that Jehovah should be his only God Gen. 28. 21. And David swore that he would keep the righteous Judgments of God Psal 119. 106. And all of us who are Christians when we were sprinkled at the Fount did by a new Covenant of Baptism bind our selves to Faith in Christ to renounce the Devill the World and the Flesh and to keep the commandements of God to the performance of all which duties most sure it is that we were obliged before XI The third Conclusion Humane Lawes whether things unlawful or necessary or things indifferent be commanded being made by a single Person or by a Commonalty not having a lawful power do not oblige in Conscience As if the Mayor of this City should impose Laws on this University or my next Neighbour should command my servant to yoak my Oxen to bring in his harvest c. Or as if a company of seditious Persons being met in some one County of England as they did heretofore under the conduct of Ket in Norfolk and many times in other places should demand of the inhabitants a certain Sum of money or should publish Edicts to exact a servitude of their persons not due unto them and by force of Armes should compel them to obedience although it peradventure were lawful for them to do as they were commanded it being found they were unable to make resistance yet certainly their commands should oblige no man in Conscience to the observation of them Aquin. 1. 2. quaest 96. art 4. First because the said Laws are Laws only in name and aequivocally But in deed and in earnest they are rather violences than Laws and an aequivocal Cause doth inferr no effect as a sentence spoken by one who is no Judge doth not oblige the Parties And Secondly Because the Power of obliging as already hath been mentioned is not effectively derived from the Law it self but from a will joyning with the power of the Law-maker therefore where Power is wanting the Cause that is properly the efficient of that obligation is wanting also and the proper Cause being defective it is necessary that its Effect should be deficient also And this is easie to be collected by the words of the Apostle in this place who deduceth the Duty of obedience on the part of the Subject from the Power of Jurisdiction in the Magistrate from whence it is no man is bound to obey him who hath not the Right of Commanding XII If you shall object that an un●uly multitude of factious persons such as before I have made mention of have the Power of Commanding because they can compel those to the performance of their commands over whom they exercise their Tyranny I answer that the Power of which I speak and on which Obligation doth depend is not that Power which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Might or Puissance which by most is used in this sense by which a man is potent to give such an effect to his Intention that it finally cannot be hindered but that Power which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a lawful Power which cometh by some Right of Nature or of Nations or by a Civil Right in respect both of the person who bears it and of those who are any wayes substituted under him This Power in this present Argument the Apostle doth so much presse that in the space almost of three Verses he names it five times and makes not the least mention of the other XIII But you will allege that those who in the time of the Apostles were the supreme Governors did ascend unto the height of the Empire not by any Right of Inheritance nor by the free Suffrages of the people or any lawful Authority but by Force and Treachery or military Tumult and yet the Apostle notwithstanding doth expressly attribute an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a lawful Authority to them as unto legitimate Magistrates and imposeth on their Subjects a necessity of obeying them and that not for fear of Punishment but for Conscience sake We must confesse indeed that the first Emperors of Rome after the eversion of the Common-wealth did not attain unto the Empire by any great lawfulnesse of Right yet withall we must confess that they were invested with the Right of the Sword and a legitimate Jurisdiction to which all whosoever were under the Roman Power ought to be subject for there was not then any single person that could challenge it as due unto him by more Right and the Senate and People of Rome in whose Power not long before and for many Ages also was the chief Command what by fear and what by obsequiousness did give way to the losse of their Privileges and acknowledged those for their lawful Princes who had obtained the Empire by unlawful Acts. This being granted which certainly in my opinion can no wayes be denyed there can remain no other doubt concerning the necessity of obeying But in a dubious case what is the duty of a Christian whether and how far he is obliged in the Court of Conscience to give way unto the Times and to accommodate himself to the present manners and be obedient to the Lawes the Edicts and the Commands of one who in his Judgment at least hath attained to the Soveraignty de facto that is by Power and by no Right at all it is no easy thing to judge neither is it the part of a wise man to determine any thing on so great and so high a Point XIV I here therefore do conclude on nothing positively but that I may not be censured to be wanting in my duty or at least to your expectation if I should make mention of a Question and give you not the least satisfaction in it I will in a a few words expound unto you what seemeth to me having been very serious hereupon to be most consentaneous to true reason unless peradventure some circumstances as oftentimes it comes about in such deliberations shall grow too much upon
the duties of Divine worship but at what hour the people shall meet and in what place what form of words are to be used and what must be the gesture of the body the several parts of the service and other things of the same nature are all of them to be determined by Humane constitutions In the same manner the Law of God forbiddeth Theft to be commited but what kind of Theft is to be animadvertised against with such a punishment and what with another punishment is from the Laws of man From this determination of a general thing and undetermined by the Law of God the Law of man hath this privilege that it can induce a new obligation on the Conscience of the Subject not only different from the first obligation in number and in respect of the Term because it is of another dependency but also diverse in the Species and in respect of the matter because it is exercised on another object for the first obligation which ariseth from the Law of God is to the thing it self as it is a substance but this obligation which the Lawes of men do super-induce is to the manner of the thing or to the circumstance of it X. The fourth Doubt is of a thing that is foul and unlawful which is indeed a Doubt of great moment and containeth many cases for almost all the Conditions which are required to the right Constitution of Lawes a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot 5. Ethic. 3 are reduced to Justice alone And not only for that reason that universal Justice doth in her Circle comprehend all Vertues but especially for this reason that particular Justice and more specifically that Justice which is called Legal Justice is above all other Vertues the chief and the only Pillar of Common-wealths and all humane Societies Concerning this Doubt In the first place it is questioned Whether an unjust Law ought to be made for the publick profit Of which opinion was Nicho. Machiavel who affirmed that the due matter of Laws whether just or unjust was that which was most commodious for the preserving the encreasing of a politick State for when in his opinion the end of Civil Power is the preservation of it self and the encrease of Soveraignty which Power cannot vigorously be preserved much less the Soveraignty enlarged if all the Lawes and Councils of Princes were examined according to the exact Rule of Justice and Honesty It concerned those who sate at the Helm so to bend as occasion should require the Rule of Honesty as to make it subservient to the publick advantage for the end in all things is to know how best to measure those things that are of a middle nature what so ever was the opinion of Machiavel this was certainly the Judgment of a personage of great account amongst the Lacaedemonians who openly pronounced that was most honest to the Spartans which was most profitable to them To confirm this opinion that of Horace is alleged Ipsa utilitas justi propè mater et aequi Hor. 1 ●a●yr 3. Profit almost the very mother of Justice and Equity And how thriving a Principle this is may be proved by the Example and successe of the Turks who relying on this Foundation most happily have far and near extended the bounds of their Empire throughout Asia Africa and Europe And to speak the truth had not some men who above all others do professe themselves to be Christians nay the only Christians and delight to be called the Reformers and the Restorers o● the purer Religion made a great use of this most wicked principle the Christian World had not every where groaned under so many Sacrileges Perjuries Seditions Warrs Tumults and Tyrannies XI But on the other side Princes on earth ought not to abuse that power which they have received from God against his will or otherwise than he intended for this power is not given them so much as to Lords as it is intrusted to them by God as his Ministers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. 4 6. It is intrusted to them upon that account that they should work righteousnesse and not exercise Tyranny and an unjust Domination And this is manifest by the very words of the Text By me Kings Reign and Princes decree just things As if to Reign and truly to be a Prince were nothing else but to decree those things which are just and righteous And the Prophets do every where denounce the most severe anger Esai 10. 1. and vengeance of God against those Kings Princes who had decreed unjust Judgements Psal 94. 20. and had meditated iniquity as a Law Neither is the inlargement of Empire the ●nd of Civil Power as the Politicians of this world do affirm but the preservation of the people in Tranquillity and peace with all Godlinesse and Honesty 1 Tim. 2. 2. For Justice if there be any other is the best preserver of the publick peace And as the Righteousness of Faith doth procure and conserve the inward peace of the Conscience so legal Justice doth preserve the outward peace of the Common-wealth Esai 32. 17. the fruit of Justice saith the Prophet Pinda● shall be Peace and the Theban Poet calleth Quietnesse the Daughter of Justice Neither is that the meaning of Horace as if Honesty were meerly to be measured by profit the scope of his sense is far otherwise to wit that men wild at first and wandring by the observation of the publick profit and the common good were brought at the last to draw together into one Body and maintain Societies and by just Laws and Punishments to restrain injuries and wickednesse The Arguments drawn from the Turks whom it appears that God especially had raised up and made them as his Scourge to correct the great perfidiousnesse and other Sins of the Christians or from any others to maintain a bad Cause by the prosperous successe that did attend it do favour rather of the Alcoran of some abhominable miscreant than of the Purity of the Gospel of our Saviour Christ XII The second Question is Whether an unjust Law though it ought not to be made yet being made may oblige the Conscience of the Subject so far as to be bound to observe it For many things there are which ought not to be done yet being done are valid And it may so come to passe that what could not without sin be commanded yet without sin may be performed as abundantly we have confirmed in our fore-going Lectures The reason of this doubt is Because that true obedience is no Disputresse for the practice of obedience doth properly consist in this to subject ones self to the will of another without the least murmur or dispute Nimis delicata est obedientia saith Bernard quae transit in genus causae deliberativum That Obedience is too delicate when it comes once to be so deliberate as to inquire after the Cause thereof But I answer briefly the Conscience of the
in a threefold consideration And first of all the worship of God properly so called and the chiefest is that inward wordship of the mind which consisteth in the exercise of inward Vertues as of Faith Hope Love Invocation Confidence c. Secondly those outward Acts by which that inward worship of the mind is partly expressed and partly helped and fostered such as are publick Prayers Singing of Psalms the Hearing of the word and the participation of the Sacraments c. may reducibly and lesse properly be called and oftentimes are called the worship of God as they are the outward Testimonies and Helps of that worship which so properly is called Thirdly Seeing it is impossible that any outward action especially if it be a solemn one should be performed without some Circumstances either more or lesse of Time Place and Gesture from whence it comes to passe that the very same Circumstances which if established by Laws or Customes are called also Rites do sometimes receive the appellation of worship although very improperly and only for that Concomitancy which they have to that outward worship which it self also is improperly called a worship It is therefore to be affirmed That the inward primary worship properly so called doth only so acknowledge God to be the only Author of it that it is not lawful for any man either to institute a new worship or being instituted by God to exhibit it to any other besides God himself We are to affirm also That the outward worship according to its substantials is instituted only by God but there is a far different account to be made of the circumstances which are accessary to this outward worship and those which do accompany it If there be any who will Honor them also with the Name of worship For seeing that the outward worship of God cannot be performed without Circumstances and God in the Gospel hath not given any certain particular Circumstances perpetually to be observed in sacred Assemblyes but only hath lay'd down some Generals as may conduce to Order Honesty and Edification it must necessarily follow that the Determination of the said Circumstances which are but Accidental to the worship it self and mutable according to the respect of Times Places and Occasions must pertain unto those who under Christ have a Right and Power of Governing the Churches which that they may be imposed by those who in the several Churches are invested with publick Authority and being imposed may Religiously be observed by all the Members of the said Churches the nature of Holy worship doth not forbid but Solemnity rather Decency doth require We observe also that even those Men themselves who so Lordly bitterly do inveigh against the Canons and Ecclesiastical Constitutions yet as often as they please do use those Rites in the outward worship of God no where prescribed by Christ or his Apostles as the lifting up of their hands in the taking of an Oath the uncovering of the Head in the Holy Conventions and many other things which because we dayly observe to be done it is unnecessary to rehearse them XXX In the fourth place they object that Moses the pattern of the old that is of the Jewish Church who was given by God to the people of the Jews to be their Lawgiver did not only by his Law define the Substantials of the Jewish worship but according to that fidelity which was in him he omitted not the least Circumstances and in building the Tabernacle which was to be a Type of the Christian Church he most compleatly and perfectly finished all things according to the Idaea of the Example which was propounded to him in the Mount And now if Christ the-Lawgiver of the new Testament should not have prescribed all things and every thing even to the least Circumstances which are to be performed in the Ecclesiastical worship it may justly be believed to suspect which is near to Blasphemy that he was lesse faithful in the House of God than Moses and thereupon there is a remarkable injury and contumely done unto Christ if any new Rites never instituted by him should by humane Authority be brought into the Church or be received by the Christian common people But they who do object these things ought in the first place to have considered that by this Argument all humane political Laws are no lesse everted than Eclesiastical for Moses by the commandement of God did give unto the people of Israel a certain and a defined Law not only of those Rites which belonged to the worship of God but also of those Decrees and Judgments which belonged to the Administration of Civil Government XXXI In the second place it is a wonder moreover that they observed not that by this comparison of that fidelity which was in both Law-givers Moses and Christ that they could not more importunately have alleged any thing that could bring a greater dammage to their own Cause or more strongly have confirmed ours For as from that that Moses both in rituals and judicials did give many Laws unto the people of the Jews we do truly collect it was the will of God that the people of the Jews should be so restrained in their duties under that paedagogy and Mosaick Discipline as under a Yoak of servitude so that very few things should be free unto them so from that also that Christ the most faithful Interpreter of his Fathers Will did give unto the Christian Church but a very few Laws of Ceremonies we do truly collect that it is the will of God that the Magistrates and Christian people should be permitted in those things to their own Liberty so that it is now free for any private Man of his own accord no command or prohibition of a superior intervening to do as shall seem in his own Judgement to be most expedient and to the several Churches and their Governors to prescribe those things which according to the condition of the time and place shall seem to them to be most subservient to Order Honesty Edification and Peace XXXII Moreover Those who do make use of this Argument ought in the third place to have considered that under that Paedagogy of Moses the Jews themselves had not all the Liberty of Rites in things pertaining to the worship of God so take away that it was not lawful for them by their own Authority to observe and to institute those things which it is manifest were never commanded either by God himself or by Moses his Servant Of many take these few instances First the solemn feast of the Passover which by the Law of Moses was commanded should be observed but seaven dayes was by a special Law of Hezekias who received a singular testimony of his piety from God himself and by the consent of the people continued seaven dayes longer The History is extant 2. Chron. 30. Secondly Esther and Mordecay did institute that the seast of Purim should be yearly celebrated in memory of
that Deliverance which God vouchsafed to the Nation of the Jewes under Ahasuerus King of the Persians Esther 9. Thirdly when Moses commanded but one day only in the year to be observed in the seaventh month for a solemn Fast the Kings and Magistrates of that people for what causes it is not known but likely in the remembrance of some remarkable Judgements of God did by their own Authority institute annual solemn Fasts insomuch that in the dayes of the last of ●he Prophets there were four solemn Fasts kept every year viz three others besides that of the seventh month in the fourth fifth and tenth month of all which mention is made Zach. 8. 19. Fourthly the Feast of the Dedication of the Altar called Encoenia was instituted by the Asamonians without any command of God The History is to be read Maccab. 4. 59. And by the Judgement of the most and best Interpreters Christ himself is thought not only to have approved of it but to have honoured it with his presence Joh. 10. 20. Fifthly we find it no where to be enjoyned by any Commandment of God that in solemn Fasts and penitential mourning they should put on Sack-cloth and strew Ashes on their hair but amongst the Jews for some Ages past the long custom was so received and so obtained the force of a Law that Christ himself did use that manner of Speech as from the custom of that Nation and showed not the least dislike of it Mat. 11. 21. Sixthly it is manifest by the writings of the Rabbins that it was the manner also of the Jews before the supper of the Passeover that the Master of the Family should stoop solow as to wash the feet of those of his own houshold which although commanded by no Law of God we find it to be observed by Christ as it is manifest in the History of the Gospel John 13. Why shall I here number up the Synagogues every where builded in so many Cities and Towns for the Conveniency of sacred Conventions and many other things a long Catalogue whereof the Jewish Commentaries doe afford us From all which this may be concluded If so many things pertaining to the worship of God were lawful for the Jews to alter under that yoak of Severer Discipline there can no probable Argument be derived from their Example to overthrow the force of Ecclesiastical Humane Laws THE SEVENTH LECTURE Concerning the obligation of humane Laws in relation to the Efficient Cause thereof PROV 8. 15. Per me reges regnant et Legum conditores justa decernunt By me Kings reign and the makers of Laws do decree just things IN the last Term we did treat of the obligation of humane Laws both in the Generality of them to wit that Laws rightly constituted do oblige the Consciences of the Subjects to obedience so also in the Species as to those doubts which seemed properly to pertain to the material cause to wit how humane Laws do oblige them First we treated of things impossible Secondly of things possible but very burthensome Thirdly of things necessary Fourthly of things unlawfull and dishonest Fifthly of Evils to be permitted Sixthly of Things of a middle Nature indifferent in general Seventhly of Ecclesiastical Rites in Special of all these things which have been spoken that I may not appear too tedious in repetition the Sum is this That Subjects are obliged to obey just Laws but they are not obliged to obey Laws that are unjust And so Solomon in this Text requireth of the makers of Laws that they do decree nothing but what is just I must now proceed to prosecute those things which are yet remaining to be spoken of In the handling of which I will use as much brevity as the subject will permit that so in its due time I may finish the whole work or at least so much of it as pertaineth to the obligation of Laws II. In the order of Causes according to the method which I have elsewhere observed the Efficient Cause doth follow next to the Material And the Formal next to that the Final Cause is the last of all and doth both head the Rear and shuts it up Concerning the Efficient Cause of Laws I have already sufficiently shewed in the third Conclusion of the fifth Lecture That humane Lawes do not oblige unless they are made by a person invested with a legitimate Authority This in the first place is now remaining to be considered of In whom is the just and lawful power of making of Laws or who are those makers of Laws to whom according to the mind of Solomon The Right of discerning righteous things belongeth To give a full Answer to this first doubt which is the chiefest of all by farr in this kind of Cause two things are to be supposed In the first place I suppose the legislative power to be the power of a Superior as to give a Command in which appellation I do also comprehend a Prohibition which is a proper Act of the Law to be the Act of a Superior You are to observe that in this consideration there is not a little difference betwixt these three A Promise A Petition and a Command Without the least distinction it is common to all Superiors Inferiors and Equals to promise For a Father may promise something to his Son and the Son to the Father and the Brother or a Neighbour to his Brother or to his Neighbour But to Crave or to Petition belongeth properly to Inferiors and sometimes in some respect to Equals As the Son beseecheth his Father or the Neighbour his Neighbour to excuse him or to receive the acknowledgment of his thankfulnesse but this belongeth not unto Superiors unlesse it be very improperly and by discending to a lower degree than their condition is But it is so peculiar to Superiors and of Men placed in a preheminence of Dignity to Command that he would be altogether ridiculous whosoever he is whether an Equal or an Inferior that seriously should command his Superior or Equal to the performance of any thing For every Act doth require a Beginning proportionated to it And an Equal hath no Command on an Equal III. Now as to an obligation concerning these three it is thus to be Stated He who craveth one thing of another man obligeth by that petition neither himself nor the party of whom he craveth it for it is a petition and a petition is an Act of Indigence and not of power whose effect because it depends on another and proceeds not from the Agent it self cannot induce any obligation But he who promiseth something to another man doth by his promise oblige himself but he obligeth not him to whom the promise is made for a promise being the Act of a free will every man as he is a free Agent and hath a power over his own will as the Apostle speaketh 1 Cor. 7. 37. can exercise on himself that Right and Power which he hath over his own will but