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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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said to be unjust either as it is unfit or grievous to be born or unlawful to be done In the first Interpretation if it be unjust what by the Law is commanded that is if it be unequitable and not dishonest yet if it be done it is the fault only of him who doth command it He that obeyeth the Command is so far from fault that he should be a great Transgressor if he did not obey it But in the latter sense if any thing what is commanded be unjust that is not only grievous to be born but also shamefull to be done and notwithstanding it is done the Sin lyes heavy on both First on the Magistrate who commanded an unjust thing Secondly on the Subject who acted an unlawful one The sense of the Conclusion is this Wheresoever the Law by its Command doth forbid any thing to be done which is so necessary that it cannot be omitted by the Subject without Sin or wheresoever the Law doth Command any thing to be done which is so unlawful that i● cannot be put in execution without Sin that Law doth not oblige in Conscience IX My first reason is De jura praelec 2. Because as elsewhere I have fully explaned there is no obligation for an unlawful Act. Sect. 13. Secondly because as there also I have expressed the first Obligation doth prejudge the following insomuch that a new obligation contrary to the former cannot be superinduced Now any Law commanding a thing unlawful as homicide Perjury Sacrilege or forbidding a necessary duty as the worship of the true God or the performance of our Dutyes to our Prince or Parents c. doth exact that of us which is contrary to our former obligation by the vertue of which divine Precept we were before obliged therefore that humane Law cannot induce any obligation on us The third Reason is Because that no man can at the same time be obliged to Contradictories but if that Law were obligatory it would oblige to the performance of that thing which the Law of God at the same time doth oblige to the not performance of it Now to do and not to do are Contradictories The fourth Reason is deduced from the examples of godly men who have been always so instructed by the principles of their Faith that with a cheerfull spirit they have undertaken and performed the grievous but not dishonest Commands of the Emperours But if any thing though by the authority of Law was required of them which was against Faith or good manners or any ways repugnant to common honesty they openly and couragiously did deny the Command and for the fear of God despised all humane Laws and institutions The Decree being made at Babylon that the concent of musick being heard they all should worship the great golden Image which the most mighty monarch had set up and a most severe punishment threatned to those who should do otherwise the three young men of the Hebrews would not suffer themselves to be obliged by that Law Dan. 3. Because an unlawful thing the worshiping of an Idol was commanded In the Law again of the Persians it being commanded that no man for certain days should make a Petition to any God or man for any thing but to the King of Persians only Daniel did not obey that Law but as his Custom was at his set houres he prayed unto God Dan. 16. And Peter and John being forbidden to speak any more in the Name of Jesus they not only disobeyed the Command but confidently answered Whether it be right in the sight of God to obey you rather than God judge yee Acts. 4. The Reason indeed was because the things that were forbidden were necessary viz. The worship of the true God and the preaching of the Gospel committed to their Chatge X. The second Conclusion The Law of man prohibiting a thing simply evil as Theft Adultery Sacrilege or commanding a thing good and necessary as the worship of God the discharge of Debts the Honour of Parents doth induce a new obligation in the Conscience My first reason is because the proper Cause being given the necessary effect of it will follow unless it be hindred by some other means But an obligation is so necessary an effect of the Law that some have thought that the very Name of the Law hath received its derivation from it as already I have men●ioned And nothing seems to be here assigned which may hinder the consecution of its effect The second reason is a Minori ad majus from the Less to the Greater By the confession of all men a Law prohibiting a thing otherwise Lawful or commanding a thing otherwise free doth oblige therefore much more prohibiting a thing unlawful or commanding a thing free But something there appears that may be objected to both these reasons viz. Non esse multiplicanda Entia sine necessitate Beings are not to be multipled without necessity For every man by the power of the Divine Law being obliged to the performance of what is necessary and the eschewing of what is unlawful the same obligation doth exclude that which we think to obtain by humane Laws as superfluous as water praeexistent in a full vessel doth hinder the infusion of new moysture And it seemes that two obligations to the same thing can no more be admitted in one Conscience than can two Accidents of the same Species in one Subject To this I answer that it is usu●ly spoken and indeed truly enough Obligationem priorem praejudicare posteriori The former obligation doth prejudice and take place of the posterior which Argument we our selves have even now made use of for the confirmation of the former Conclusion But this Saying hath place only amongst those obligations which are Destructive to one another and whose effects have so great a Contrariety and Repugnancy amongst themselves that one being admitted the other of necessity must be taken away Notwithstanding this doth not hinder but that another and a new obligation may come unto the former provided it be of the same reference and can be consistent with it Neither in this consideration is that of any moment as is alleged of water in a full vessel for the impediment why the full vessel admits of no more liquor doth not consist in the part of the liquor but proceeds from the incapacity of the vessel and the nature of the place which cannot at once receive more bodies And nothing hindreth but there may be many Accidents of the same Species in one and the same Subject provided they be Relative and not Absolute as suppose that Socrates had ten Sons there must be in Socrates ten Paternities for relations are multiplied according to the multiplication of their Terms And we said but even now that the Law did oblige according to the manner of the Term. Therefore seeing that every Law according to the nature of it and as it is a Law is an Inductive to an obligation there will be so
NEMO ME IMPUNE LACESSIT SERO SED SERIO The Most honble William Marquiss of Lothian 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. LONDON Printed by Tho. Leach and are to be sold by John Martin James Al●stry and Tho. Dicas at the S●gn of the Bell in St. P●uls-Church Y●rd 1660. SEVERAL CASES OF CONSCIENCE Discussed In Ten Lectures IN THE DIVINITY SCHOOL AT OXFORD By that most Learned and Reverend Father in God Doctor Robert Sanderson now Lord Bishop of Lincoln LONDON Printed by Tho. Leach and are to be sold by John Martin James Allestry and Tho. Dicas at the Sign of the Bell in St. Pauls-Church-Yard 1660. To the most Noble Robert Boyle Son to the Right Honourable Richard Earl of Cork deceased and Brother to Richard Earl of Cork now living Honourable SIR THis small present whatsoever it is coveteth to preferre it self to your Trust and Patronage and to come abroad into the world under the protection of your name Most willingly therefore I do here make a tender of it unto you who as I understand by Fame and in Subjects of worth Fame is seldom found a Liar are not only Illustrious by the splendor of your Birth but far more Illustrious by the nobility of a generous mind by your love to Learning your Humanity Piety and all manner of Virtue howsoever to me living privately and contentedly in a smal Cottage and not much solicitous what is done abroad especially as the times noware never known by your face nor by your name until within these few Months no nor as yet known unto me but only by your MUNIFICENCE Nevertheless I hope this poor gift will find some acceptance with you because having already obtained my Rod of Liberty you endeavour to enclose me again in my antient circle and to draw me back to my discontinued exercise by proposing to me some honest Salary by the excellently learned Mr. Thomas Barlow chief Keeper of Bodleys Library in the famous University of Oxford It is indeed well●done that in this deplorable state of Civil and Ecclesiastical affairs if we may call 〈…〉 and a hideous confusion of all things there are peradventure found one or two of a more refined clay who either by their encouragment or their bounty are careful to comfort the sad Muses and the Retainers to them of whatsoever condition those especially who being Professors of true and Christian Philosophy are every where neglected and dispised as the refuse of the world I● any thing therefore by the permission of the Almighty shall hereafter be undertaken and published by me in this kind of writing which pertaineth to moral Philosophy that may be either profitable to the Publick or useful to any private man for the better Institution of his life and the framing of his manners by the prescript of the Divine Law and Gospel whether it be in the Latin tongue or in the English which I perceive to be more acceptable of to many of our Nation I do here willingly acknowledge and freely professe that for the greatest part it is due unto you who were both the Author to me to undertake it and an Assistant cheerfully to proceed in it And do you most w●r●hy Sir proceed to do good that is to do that which you do already to adorn Learning to favour learned men to advance Piety to procure you faithful friends at the charges of unfaithful Mammon that so ou● of the abundance of good works sowed in this world there may redound unto you a most fruitful Harvest of eternal blessednesse in the world to come Amen From Botheby Pannel● 〈◊〉 Lincolnshir● 10 Cal. Decemb. 1659. To the Courteous READER Friendly Reader whosoever you are BEfore you advance into the House it self you are ●ere in the first entrance to be encountred and desired in some few things to suffer your self to be informed of the cause that chiefly compelled us to the publishing of these papers which here we represent unto you I had rather indeed if others had been of the same mind with me that they should never have seen the light for the proof whereof this may be one Argument and of force enough that part of these Lectures written by me some y●ars since were never for the space of ten years and more reserved in any Desk but lay in corners up and down amongst my rejected as m●ch as neglected papers had I not another Argument of far greater force than the former viz. The Imperfection of the worke which of it self doth betray it self For a Writer that understands himself and makes provision for his Reputation and Dignity m●st carefully finish the work he hath begun Lib. 2. de Natur. deorum and not so much as think of sending it abroad before to speak with Cicero it be every where apt and polished and made compleat and perfect in all the parts and numbers of it For in vain from thence you may look for Praise where you may think you come off very handsomely if for Praise you deserve Pardon What ●h●●…fore Were friends the cause of it Who are accustomed to encourage and give more rains to those who of their own accord are running into those hazards and to spur on others who draw back I will not affirm this neither for although I may grant that the exhortations and desires of friends the common refuge of the greatest part of Scriblers may serve oftentimes for an honest excuse yet they could never seem to me to be the just and allowable grounds for such a Cause Nevertheless as most frequently it is seen there were not wanting some ergodioctists some Brain-Exacters who demanded of me and that I may use the words of Fabius with daily and reproaching Importunities did efflagitate that I would present those things to the eys of all men to be read which heretofore in reading were so grateful to their ears but I who was not ignorant how acuter was the judgement of the eye than of the ear did constantly deny it They on the other side were more instant with me and more vehemently did urge me and as oft in like cases it comes to pass they did gently chide me But I who was resolved to be obstinate stood fixed to my self for whatsoever they could object unto me I was ready always to answer them that a work begun and not half of it nor the third part of it peradventure hardly accomplished was not rashly to be communicated to the publick But they again were as ready to reply Why cease you then Why do you not set your self close unto your study and put your last hand unto that work which your first hand hath so happily begun What shall I say for my self in this case I am ashamed to confesse and I may not be
be the better or the worse As if a man should partake of the Supper of the Lord to that end to put himself in remembrance of the death of Christ the more entirely that he applyes the mind to the remembrance of his death the better he performes the duty of a true Communicant Again if a man should slander his neighbour intending the ruine of him by how much the more violently he intends it by so much the worse is his Act of Calumnation The quantity therefore of a good or an evil Act is correspondent to the quantity of the goodnesse or the evilnesse of the Intention and is commensurate with it if the Intention be understood according to the Act of intending and not as to the thing intended But the intention taken either way doth not suffice to prove this that any Act which otherwise is evil should be made good V. This conclusion is proved by many and most strong arguments first by the words of the sacred Text in the third Chapter of the Romans where the Apostle not without indignation doth detest that grievous slander by which it was said to be taught That evil may be done that good should come thereof That the sence the scope and the force of this place may be the better understood that St. Paul amongst all the Apostles was abundantly the most copious in asserting every where the mercy of God by Grace making a Covenant of grace with sinfull men and faithfully fulfilling the Evangellical promises notwithstanding all that unrighteousnesse and unbelief of men which lyeth within their hearts and openly and abundantly doth declare it self in their dayly lives and conversations which he professeth to be so far from making these promises of God by Grace to be in vain that on the contrary they do render the glory of his grace and truth to be far more illustrious Rom. 5. 2. for where that the offence abounded there it is manifest that Grace superabounded From hence the Sophisters and Imposters took on one side to themselves an advantage to slander and to diminish if they could the authority of the Apostle On the other side the Hypocrites and profane did take an occasion to live more licentiously and to sin more securely For if that be true said they which is preached by Paul that the sins of men do redound to the greater glory of God there is no reason that God should punish sins or be angry with sinners There is no reason that a man or woman should abstain from sinning nay they should sin more abundantly that God might receive the more abundant glory and evil things are altogether to be done that good things may come thereby The other objections the Apostle confuteth but to this let us do evil that good may come of it he doth not vouchsafe any answer at all he only cryeth out that it is a manifest slander and near of kin unto blasphemy and unless they repent the just judgment of God is threatened to such importunate slanderers as if this Sophism was of that kind of arguments which Aristotle adjudged not to deserve an answer but rather a reproof It is hence manifest and all Interpreters do acknowledge it that the Apostle most constantly denyeth that any evil ought to be done for any intention be it never so good It much availeth saith St. Augustine to consider what Aug. contra meudaciam what end what intention such a thing is done but those things which are manifest sins ought not to be done under any pretence of a good cause or a good end or of a good Intention This is the first argument VI. The second it is taken from the nature of evil or of sin which of its own nature is not first to be chosen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hiercl pag. 78. neither is it secondly ordinate to a good end neither is it thirdly apt of it self to produce any good first it is not eligible or it is not to be chosen by reason of its own nature qua tale as it is of such a nature for there is nothing eligible which is not also Expitible and all things that are desired are desired under the account of good Neither is evil of its own nature ordinable to any good end for if it were it were also to be desired for the appetite in Philosophy is not only carryed to the end propounded by the Agent but to those things also which seem to conduce for the obtaining of that end If you object God doth dispose of our evils into a good end of his own and therefore it is not against the nature of evil to be ordinated to a good end I answer in the first place that the ways of Almighty God who is the Lord of Nature and according to his good pleasure can produce good out of evil are farre different from ours who have not the same right or the same power neither is it for us either too curiously to enquire or too magisterially to pronounce any thing of the Providence of God concerning evil In the second place I answer that God indeed is able and accustomed to make use of our sins to serve his Glory Grace and Providence and that it is lawfull for us also as opportunity shall serve to follow his example and to make use of the sins of other men for our spirituall or temporall advantage Notwithstanding as God although he maketh use of the evil of others and produceth Good out of it yet he never doth evil himself that from thence he might abstract good so neither is it lawfull for us to do evil that good might proceed from it It is one thing to make use of the evil of others and turn it into good and another thing to do evil with an intent of good Thirdly I answer a thing may be said to be ordinated in a twofold respect either improperly in the same manner as a thing which way soever it is made use of by the Agent doth notwithstanding tend to its end being so done by the wisdome and power of the supremer Agent contrary to the will and intention of him that did it or it is taken more restrictly and properly and so that only is said to be ordinated to its end which antecedently is chosen by the Agent as a medium that by the nature of it is convenient and conducible to such an end In the first sence that is to be understood when we say that God doth ordinate and dispose of evil to a good end that is when God Non co●venire homo viro Vitiis uti Quint 6. Instit 1. out of his infinite mercy and power either abstracts good from evil or turneth evil into good But we must above all things take heed that these expressions be not understood in the latter and proper sence as if God antecedently did well approve or make choice of any evil as a medium convenient by the nature of it to the assecution of
any good end VIII Moreover it is opposite to the nature of sin to produce of it self any good effect as an evil tree cannot bring forth good fruit Mat 7. 18. nor darknesse produce light of it self 2 Cor. 4. 6. but the same great and glorious God who out of his omnipotence brought forth light out of darknesse can also out of our sins take an occasion to illustrate his infinite wisdome his righteousnesse and his goodnesse But these are the effects of a divine power as of a cause working properly and of it self to the production whereof there needs no assistance nor strength from our sins which as to those effects are but meerly contingent and but by accident Those words therefore of David Psalm 5. which St. Paul alleageth Rom. 3. 4. I have sinned against thee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that thou mayest be justified when thou speakest are not so to be understood that David for that end committed murder and adultery or that it was lawfull for him so to do that God might be justified in his words but the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and some other Greek particles of the same signification in many places of Scripture are to be understood according to the interpretation of St. Chrysostome not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to denote and inferre the event only and not the true cause of the thing For as he who is in a serious argumentation can inferr a true conclusion from the false praemises which before were granted by another and yet the same Disputant would show himself ridiculous if to prove a true conclusion should willingly make use of some salse assumptions for Truth doth not stand in need of the patronage of Falshood so Almighty God and we also in some respect may do the like can dispose of things that are ill done into good but it is neither congruous to the divine Justice and Goodness neither is it any ways lawfull for us to will and to do evil that good may come thereby IX The third argument is taken a naturâ boni Actus from the nature of a good Act to the complement whereof the concurse of all requisite conditions is so necessary that if one be but absent amongst so many of them although all the other be present and subservient yet that Act shall not be morally good Most remarkable is that Axiom Bonum ex causa integra malum ex quolibet defectu Good proceeds from an upright and an entire cause but evil from any defect And it is besides manifest in all kind of things that there are more required to raise up than to throw down or to destroy The defect of a good Intention is enough to prove any Action evil for that the end whereof is evil must of necessity be evil it self but it is not enough it is not sufficient that a good end or a good Intention should prove the Action good unless all the other requisite conditions be conjoyned Now that any Action whether the internall of the will or the externall of the work may approve themselves to be good we are to understand that there are three distinct goodnesses viz. the goodness of the object the goodnesse of the end and the goodness of the circumstances The quality of every Act doth first of all and principally depend on the quality of the object or of the matter about which it is conversant so that from thence every Act may indefinitely and according to the whole species of it be denominated either good or evil in this respect we affirm that Theft and Adultery are evil in the whole Species of them and that Prayer and the giving of Alms are good in all their severall respects and the acceptations of them but with this difference that things which in themselves are simply evil are so evil that neither upon the account of the end although good nor yet on the account of their circumstances although never so promising they can ever be made truly good But things which are good in their own nature may yet be so corrupted by the end or by undue circumstances that they may leave off to be good and become evil The pravity therefore of the object being presupposed we are altogether to abstain from the Acts of Theft or of adultery as being simply evil in themselves But the goodnesse of the object being presupposed it is not safe for any one at the first either to undertake to do it or to approve it being done unless he hath diligently weighed before hand the end to which it is directed and the severall circumstances with which it is attended and cloathed In these things therefore in which it is said that the Goodness of the Act doth depend on the end and that the end doth discriminate and crown the actions they may be said so for to be true if the Acts be good in consideration to the object or the matter or at the last if they be of a middle nature and indifferent but not if they are evil For the goodness of the object being supposed the Act doth chiefly take its goodness or its evilnesse from the end For examples sake the Act of giving a poor man an alms though it be a good Act in respect of the matter or the object yet if it be done for vain-glory it is morally an evil Act because it is not ordinated to a good end The same Act if it be to relieve the necessities of a neighbour is an Act so far good that it hath a lawfull matter and a right Intention and so partaketh of both the goodnesses above mentioned to wit of the object and the end but it cannot yet be affirmed to be simply good unlesse it be moreover duely circumstanced for to this complement of a good work besides that goodness of the object and the end there is required the goodnesse of circumstances And from hence it is that commonly it is spoken that the goodnesse of the Act doth depend upon its circumstances not primarily and principally but ultimately and for the accomplishment of it the goodness of the object and the end being first laid down seeing therefore these three things are required to the goodness of every moral Act and they are all to be conjoyned to wit the matter lawfull the intention right and the circumstances due it is most manifest that a right intention cannot alone suffice by it self and by consequent that nothing can be performed out of a good Conscience whatsoever the Intention be that is either unlawfull in the object or defective in the circumstances X. But some there are who peradventure will object unto this those words of our Saviour Mat. 6. 22. If thy eye be single thy whole body shall be full of light but if thy eye be evil thy whole body shall be full of darkness Where if the intention be undesstood by the eye which is the judgment of almost all the Interpreters upon
it it seemeth that the goodnesse of the Act doth altogether depend on the goodness of the Intention that adaequately so that what power an evil intention hath to corrupt an Act although otherwise good the same power a good intention hath to approve and to render an Act good which otherwise is evil for a good or a single eye is as efficatious to inlighten the whole body as an evil eye is to infuse darkness on it To adde more strength to this opinion much may be alledged from the Fathers and other Divines of this nature is that in the Glosse As much good as you do intend so much you do perform And that verse in the mouth of every Scool-boy Quicquid agunt homines Intentio judicat illud It is th' Intention judgeth true Of whatsoever things we do XI But in the way of answer as to that place in the 6 of St. Mat. I am not ignorant in the first place that some learned men of this age do give an interpretation to it far different from that of the antient Fathers and not consonant to that we have now in hand But in reverence to those antient Doctors be it granted that those words of our Saviour had a proper relation to the Intentions of men I make answer that the intention when it is a motion of the Will tending to some ends by certain mediums is taken into a twofold consideration first whether it be for the intention of that good into which the Will is finally and precisely carryed being taken from all consideration of the mediums to attain it As if a man should say he intends the glory of God or his own profit and pleasure or secondly whether it be for an entire ordination of the whole progresse of the work from the beginning of the work unto the end including also the mediums or the means to attain it As if a man should say that he intends the glory of God by building a Temple or staining an Idolater or that he intends his own profit by getting riches by his honest labour or by theft and plunder And as he may be said that he intends a journey to Rome who only thinks of going thither and hath not yet resolved with himself which way or upon what accounts he will go as well as he who hath resolved with himself when to go which way and upon what occasions We speak in this whole discourse of the Intention taken the first way viz. on the intention which looks altogether upon the end and not on the means which is so taken in the common use of speaking but those words of the Fathers and other Divines which seem by the intention alone to measure the goodness or the badnesse of mens actions and which are grounded on those words of our Saviour in relation to a single eye and to an eye that is evil do receive their intention in the latter signification as they include the means with the end observable is that of St Bernard That the eye saith he be single two things are necessary viz. that truth be in the election and Charity in the intention That is that our intention be absolutely right both are required that so we may not propound unto our selves such an end which is averse unto the love of God and of our neighbour and that we make not choice of any means that are not joyned with honesty righteousness In every work therefore we must not only look to propound unto our selves a good end but we must withall endeavour to the end so propounded by apt lawful honest means for seeing that the election of the means or the mediums do arise from the intention of the end is so necessarily joyned to it that in the respect thereof it hath the place of an accident inseperable or a necessary circumstance Animum laudô Consilium reprehend●● Cic. 9. ad Attic 11. the School-men do almost all of them conclude that an evil election doth corrupt an intention that is otherwise good by rendring that evil which before was good in the very same manner as evil circumstances do corrupt those Actions to which they are retayners XII The fourth argument is taken from the perfection and obligation of the Law of God For there is a Law propounded from God to men a most perfect Law which commandeth things to be done and forbiddeth those things which are not to be done It hath shewed unto thee O man what is good what the Lord requireth of thee Mich. 6. 8. This is the Law which we must obey if we will fulfil our duties by this Law we are commanded as the Scriptures every where do declare to do good and to eschew evil But if we on the contrary without the least regard to the law of God shall measure out unto our selves things to be avoyded or performed according to our own profit and as we shall think good and shall either omit those good things which God commandeth to be done for the fear of some following evil or shall commit those evil things which God forbiddeth for the vain hope of some good to come what is this but worms as we are to preferre our own Counsels above the expresse will of Almighty God and the wisdome of the flesh above the Authority of the most holy Spirit Farre otherwise did that holy man David By thy precepts saith he have I gotten understanding therefore have I hated all unjust wayes Psal 119. 104. As if he should say being instructed by thy Law which both night and day is in my heart my mouth before mine eyes I do plainly understand what I have to do and what I have to eschew wherefore I do not only decline but hate every way which is not consentaneous to thy Law whither soever it may seem to lead me Therefore since every sin is forbidden by the Law of God and that Law of his containeth not the least exception of any good Intention or Event and we ought not to distinguish where the Law maketh no distinction nor to except where the Law maketh no exception it is most manifest that he whosoever he is who for what Intention or what cause soever it be doth knowingly and willingly do that which is evil he doth sin against the Law of God XIII The fifth argument followeth drawn from the examples of those who under the pretence of a good end being so bold as to disobey the express Commandment of God have satisfied his anger by the just punishment of their rashness and disobedience The Prophet Samuel being sent to Saul the King of Israel who saved some of the cattle of the Amalekites which God had commanded should be totally destroyed for no other end as he pretended than by the bulk and fatness of his sacrifice to make it the more acceptable the said Prophet did lay before his eyes the grievousness of his sin and for the punishment of so great a disobedience did prophesy
unto him that his Kingdom should be taken from him If any man shall think this example not congruous to prove this truth because it doth not appear that Saul did this with any good intention neither was the end which afterwards he pretended fixed and grounded in his resolution when he did it but it is more likely that he looked after his temporal advantage and commodity both because it was objected to him by the Prophet and laid unto his charge that he obeyed not the commandment of God and because which is common with Hypocrits he did make an excuse for his disobedience That this exception may be waved create no more trouble or scruple it is to be observed that where Hypocrisy is joyned to disobedience the crime is not so much increased as it is doubled There is no man doubteth but that Saul was guilty of a double fault of disobedience and dissimulation not to make mention of the third crime which was the root of the two former viz. a mundane affection and a desire of gain and of his own glory The sins of disobedience and of dissimulation were distinct in Saul neither conjoyned by nature or by time not by nature for one of them can be in any man without the other nor by time for disobedience had the precedency to w ch afterwards upon another occasion was added Dssiimulation which not obscurely may be collected from the very words of Samuel himself who making no mention of the dissimulation of the King did only sharply and securely reprehend him for his disobedience obedience saith he is more acceptable than sacrifice as if he should have said What do you tell me of sacrifices which if you did in earnest before intend them or now to excuse your disobedience you do pretend them it is all one in relation to your duty You ought to have obeyed the commandment of God and without the least murmuring or dispute to have fullfilled that which he prescribed But whatsoever this miscarriage of Saul was most certain it is that Uzzah whose History is written 2 Sam. 6. did put forth his hand to the holy Ark not deceitfully but devoutly and with a most pious Intention that the Ark of the Covenant should not fall on the ground which at that time under the ●economy of the old Testament was a dreadfull Symbol of the Divine presence when the Cart in which it was carryed being violently shaken it seemed even ready to slip down out of it By this slight as some have thought but importunate temerity although he had not the least ill intent yet he merited a multitude of people beholding it that he should suffer the punishment of a sudden death w ch God then did inflict upon him Num. 7. 9. Indeed the Lord Jehovah had before declared that the Ark of the Covenant should not be carryed in a Cart but on the shoulders of the Priests neither was it lawful for any who was not of the order of the Priesthood of the Family of the Koathites to carry the Ark or to touch that sacred vessel Numb 4. 15. he that should presume to do it was to perish by an evil death Therefore by this severe punishment on the first violator of that Law God did strike into the hearts of men a reverence to the more strict observation of the Law and preserved its Authority that no man under any pretence whatsoever should boldly presume to do or to attempt against that which he had ordained And the anger of the Lord was kindled against Uzzah and God smote him there for his rashnesse and he dyed by the Ark of God 2. Sam. 6. 7. XIIII The last argument is taken from the inconveniences that do attend the contrary opinion And they are many I shall only urge but one instead of all and it is often mentioned by St. Augustine which is that the restraint of the Law being taken away all things would be carried at random as the barrs being broken when once the waves of the Sea do exceed their banks they will not endure to be contained within any bounds but will grow upon all places by an unruly usurpation that are farre or near them He who hath once transgressed the bounds of modesty will quickly grow into a heighth of impudence saith Petronius But let us rather be attentive to St. Augustine Quod seeleratissimum facinus quod turpissimum flagitium quod impiissimum sacrilegium non dicatur fieri posse recte atque juste si semel concesserimus in omnibus malis operibus hominum ideo non quid fiat sed quare fiat quaerendum ut quaecunque propter bonas causas facta obtendantur nec ipsa mala esse judicentur What abom nable act what most filthy wickednesse what most impious sacriledge Ah do you not guesse that he prophesyed of this our age and of our affairs may not be said to be done justly and uprightly if we shall once grant that in all the evil works of men we are not to demand so much what is done as wherefore it is done that so those things which are pretended to be done for good causes may not at all of themselves be judged to be evil And again Cum concesseris admittendum esse aliquod malum ne aliquid gravius admittatur non ex regula veritatis sedex sua quisque cupiditate aut consuetudine metietur malum et id putabit gravius quod ipse amplius exhorrescit non quod ampliùs revera fugiendum est When you grant that some evil is to be admitted that a greater one may be omitted every one will be ready to measure that evil not by the Rule of truth but by his own desires or by Custome and will think that to be most grievous which he doth most abhorre and not that which indeed is most to be avoyded The strength of the argument is in this If evil things are to be done that good things may come thereby when most sure it is that all things evil are not to be done and not for all things that are good we must put some limitation or rule to both these doubts as first to know what evil is to be done that good may come thereof and what not and Secondly for what good things some things evil are to be done and for what they are not to be done or it must be left to every mans judgment to arbitrate according to the nature of the thing and as himself shall think good what is to be done and what is not to be done and for what it is to be done If any of which be granted there will be nothing safe amongst men nothing sacred nothing free from injuries perjuries deceits rapine slaughter and destruction Those things without which Common-wealths and the societies of men cannot be preserved must all be banished from the earth in which number are Religion Justice Righteousnesse Faith and Peace XV. The conclusion which I undertook to
Subject is not bound by that Law It was my first Conclusion in the former Lecture and confirmed by many Arguments and if any man be yet unsatisfied it may be further proved For no inferior power can oblige against the will of the superior power therefore the power of God being above all the power of Men there is no power of any man whatsoever that can oblige against the will of God who by his Law hath forbidden all wicked and filthy things from whence is that of Saint Augustin There can be seen no Law which is not just And by this reason the Argument drawn from that of obedience is answered by granring that the Subject ought to submit himself without dispute to the will of his Superior to wit the supreme superior into whose will all obedience is ultimately resolved Quod jubet homo prohibet Deus ego audiam hominem surdus Deo Be●nard Epist 7. and not of the subordinate Superior if it appeareth that his will is averse to the supreme superior Now God is absolutely the chief Commander the bare signification of whose will is sufficient to induce an obligation of Obedience especially since it is most certain that his will cannot be unjust Therefore Abraham obeyed God commanding those things which if God himself had not given him the charge might seem not only to be hard and unjust but impious and full of wickednesse To wit that his Father his Country and kindred being all abandoned he should become a poor banished Man and travel into a remote and an unknown Country nay that with his own hand he should cut the throat of his own Son in whom alone was not only all the Comfort and the Succour of his Age but all the Hope of the Promises of God and that he should lay him on the Altar and offer him as a Sacrifice to that God who commanded of him such cruel things He did rightly indeed and as it became a man who deserved to be called the Father of the Faithful and to be the singular Example of an unshaken Faith to all the world without the least haesitation and with a most willing obedience he made himself ready to put in Execution the Commands of God But as for the Commandments of men seeing that every man is lyable to Errour and sin and his Will may be depraved it is very lawful nay where there is a just Cause of suspition it is needful also to examine and to try them That admonition of the Apostle 1. Thess 5. 2. Try all things and keep that which is good may with great right and as fitly be applyed to the commands of the Superiors as to the Instructions of Teachers of whom notwithstanding St. Paul in that place doth especially speak Away then with the haughtiness and proud commands of over-lording Spirits sic volo sic jubeo This will I have This I do command Away with the base flattery of the Papists who think it a sin for any man in any manner whatsoever to suspect the Dictates of their Lateran Jove Away with their blind obedience by which those that enter into their Religious Houses do by a vow oblige themselves to obey their Superiors in every thing and in all things without distinction XIII In the third place it is propounded Whether it be Lawful for a Subject to depart from his own right Pura mala ut nunquam justè juberi sic nec licite possunt fieri Bernard Epist 7. and although he be not obliged yet of his own accord to obey such an evil Law I answer it is not lawful for the law of God doth simply oblige to the not doing of any thing that is evil or unlawful Therefore an unjust Law I understand unjust in that sense in which we now speak as unjust in relation to the matter cannot lawfully be kept because God cannot lawfully be offended For whatsoever is repugnant to the Law of God or to the light of Nature known and written in our hearts or revealed in the written word is not to be admitted by a Christian either to avoyd any particular detriment whatsoever or the scandal of our Neighbours or to promote the favour or to decline the hatred of our Superiors Daveniam Imperator tu Carcerem ille Gehennam were the words of the primitive Christians Excuse us Emperor you can only condemn us to prison but God unto Hell And so before them said the Apostles of our Lord Jesus Christ Whether it be right in the sight of God Act. 41. 9. to hearken unto you rather than unto God judge yee And before them the three young men of the Hebrews in the third of Daniel Dan. 3. 18. Be it known unto thee O King that we will not serve thy Gods nor worship the Golden Image which thou hast set up XIV In the fourth place it is demanded What Law is to be thought so unjust that it is not only not obliging but moreover it is unlawful to obey it I answer a Law may be said to be unjust for manifold considerations First if it be made by one who is not invested with a lawful power and so it is unjust Proper defectum Justitiae Commutativae for the defect of Justice commutative because the Lawgiver assumeth more than is due or by right doth belong unto him it doth not therefore oblige the Subject to obedience neverthelesse the Subject if it seems expedient to him and he be not otherwise hindred may depart from his own right and obey that Law Secondly in consideration of the Final cause if it doth not tend to the publick good nor preserve the rights due unto the Commonalty And this Law is unjust by reason of the defect of that Justice which they call Legal which alwayes intendeth the common good and that the republick may receive no detriment a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer 〈◊〉 ad ● But this Law howsoever it be unjust doth notwithstanding oblige the Subject for the Subject is no competent nor fit Judge of Legal Justice and if by his obedience any thing doth follow which is either incommodious or noxious to the Commonwealth it is not to be imputed to him who performed his part well enough but to the Supreme Magistrate whose duty it was to provide for the preservation and advancement of the publick good Thirdly in consideration of the Formal Cause if the Law by an unequal proportion and not by merit of the Citizens doth dispence and distrbute Burdens and Favors P●nishments and Rewards This Law is unjust by reason of the defect of Justice distributive which commandeth to give all things by equity to every one as every one hath deserved And this Law howsoever it be unjust doth notwithstanding oblige as well as that of which but now I spoke of and for the same Cause for the dispensation of these things doth not belong to the office of a Subject but of the Supreme Magistrate Fourthly in consideration of
from our own meditations or the Institution of other men II. I affirmed that all these and every one of them do oblige the Consciences of men and only these absolutely and primarily by themselves and by their proper virtue for all these and these alone do exhibite to us the will of God who alone of himself hath an absolute and a direct command over the Consciences of men But I gave you to understand that there were many other things which Secondarily and relatively and by Virtue of the Law or the Divine will in which they are founded do in their manner oblige the Consciences And all of them do agree in this that they owe all the force of obliging which they have to the Divine will for otherwise the Divine Law would not be the Adaequate Rule of Conscience nevertheless they do all differ among themselves both in the Species by reason of the diversity of the matter and also in the degree according to the power of obliging Moreover there are three degrees of those who do thus oblige The first is of those things whose obligation doth arise from the Authority of another having a right or power in which number are Humane Laws The second is of those things whose obligation doth arise from a free act of the proper will such as are Vowes Oathes Promises and Spontaneous Contracts The third degree is of those things whose obligation doth arise from the intuition of brotherly Charity in which classis is ranked the Law or the Consideration of Scandal or offence III. As for the obligation of Humane Laws I have spoken much more than at the first I propounded to my self yet it may be much less than the weight of the thing deserved of which in our dayly Conversations there is a most frequent Use or the Abundance and Variety of those Doubts required which might cast a scruple into the minds of men In the resolution where of I proceeded so far in the former Terms that having gone over those difficulties which I thought could not improperly be reduced to the material efficient and formal Causes of Laws in my last Lecture I came to treat of those which more properly did pertain to their final Cause where at first having laid this foundation for the whole following Discourse That the good of the Commonalty or which is the same that the publick Peace and Happinesse is the End of Humane Laws with what brevity and perspicuity that I could I answered to the six following Questions First Whether there be any Use or at least any necessary Use of Humane Laws in a Common-wealth in order to the Common Good Secondly It belonging to the Common-wealth that Vertue be reverenced and Vices restrained whether a Law-maker could command all the Acts and Offices of all Vertues and prohibit all Vices and Enormities whatsoever Which if he were not able to perform whether he were at least bound to command and prohibit as many as he could of either kind by Laws which might oblige his Subjects in their Consciences Whether and how far it be required to the effect of the obliging of the Subjects that the Intent of the Law-maker be carryed to the publick Good Fourthly If the Laws made already shall appear less profitable to the publick whether and how far the change of them is either to be attempted by the Prince or to be urged by the Subject Fifthly The Common good being the end of Laws and even of Government it self whether it be lawful and how far lawful for the said Common good to change the form it self of the whole Government or to attempt the change thereof Lastly how that common saying The safety of the People is the supreme Law is to be understood IV. These things I thought necessary to repeat more fully to you that after so long an interruption of Academical exercitations my whole proceedings in these Lectures and the order I have observed therein might better appear unto you and that I might recall into your memory the heads of those things which having heard before with so much humanity I justly do believe that in so long an interval of time you have almost forgotten You will expect I conceive and not undeservedly that I should now proceed in my intended course and go directly on to those next Doubts which yet remain to be resolved As of those of Privileges of Dispensations and to others which some ways do belong to the final kind of a Cause I do confess it indeed and I ought to do it But my friends do interrupt me they advise me that the stubborn and intolerable boldnesse of some men do rather efflagitate that seeing so precisely and so impudently they abuse the Aphorism to the publick ruine although I expounded it but in my last Lecture in the former Term yet that I would take it under examination again and open the genuine sense thereof more clearly and fully than before I had done This in my Construction was nothing else but in a new pomp of words to do over that which I had done before and to the loathing of your Stomacks to give you that meat you before were cloyd with This desire was not pleasing to me but they did grow upon me with new importunities to take it in hand again It will be your humanity to resent and excuse that modesty which I granted to my persisting friends especially having used such a prevalent Argument to overcome me to it not doubting but it would be grateful to the most of you if I should again undertake it V. It is therefore my present businesse to declare unto you what is the meaning of that common Axiom The safety of the people is the supreme Law and how it is to be understood Some men within these few years not well imployed have invented and brought at last into the Common-wealth a new state of Government as before they had brought into the Church a new Religion and as they have earnestly endeavoured under the pretence of Conscience or of Christian liberty to overthrow all the force and frame of the Ecclesiastick Government so under the pre●ence of Civil liberty or the liberty of the Subject they labour in this confusion of times and with incredible heat of spirit and military terrour to shake and from the very foundation of it to pluck up the whole Fabrick of the Government of State These as often as they are accused of the Royal Dignity trod under feet of the despised Authority of all holy Laws of the disturbance of the publick peace of an unbridled and horrible tyranny exercised on their fellow Subjects all barrs of Right and Justice being broken down of an affected parity in the Church and in the Common-wealth all difference of birth and honours and States being taken away and many more such Anabaptistical impieties they presently defend themselves and their manners with this safety of the people as with a Buckler and think this alone to be preferred