whatsoever he does according to his conscience yet he requires not in every thing that is according to his conscience he should act His conscience may be Erroneous or the thing not expedient if lawful to be done Again the Magistrates conscience and his are two He may think he is bound in conscience to act suppose in preaching seditious Doctrine yet if upon restraint he acts not his conscience cannot accuse him of sin because he cannot help it and the Magistrates restraining him is good and thereupon the does it for avoiding the evil that would follow if he should suffer him As to the latter question which is the case of constraint viz. the constraining of men to do any thing which is against their conscience I say the Magistrate hath in that case no Authority and that for this one reason which is to be insisted on to the last breach of these Papers viz because this is manifestly against his Office or work who being to see Gods Will performed does hereby directly endeavour the contrary His will is the man should never act against his conscience whatsoever comes of it he is forcing him hereunto Let me add Either the conscience of a man is in an error or it is in the right If it erre not a mans conscience is as God to him who can say a word against it If it be erroneous I say Gods will lyes in both these things that a man should not do against his conscience because it is his conscience and that he should not do according to his conscience because it erres but that he should lay down his error and so act And this is the meaning of that which Divines do say that such a conscience does ligare not obligare The Magistrate accordingly may not compel him to that which is positive to act against his conscience but to that which is negative viz. not to act according to it and if he do and do wickedly no doubt but he may punish him for it And so having offered you my Determination I am glad I can confirm it and that with two testimonies likewise most of sufficient credit The one is St. Austin in his second Book and Chapter 83. against Petilian who pleading the unlawfulness of compelling them to Religion Austin answers Ad fidem quidem nullus est cogendus invitus sed per severitatem solet perfidia castigari Si quae erga vos leges constitutae sunt non eis benefacere cogimini sed malefacere prohibemini nam benefacere nemo potest nisi elegerit The other is Grotius who letting nothing almost escape him which is momenâ— us in any Author hath fallen in upon this very quotation Suspenso pede hic incedendum ut illi qui Divinae Humanaeque ordinationi resistant non tam cegantur benefacere quam malefacere prohibeantur Quae duo in hoc ipso argumento Augustinus olim provide distinxit De Imperio summarum potestatum circa Sacra C. 6. S. 10. There are two Notes I must leave farther The one is that when I have laid down my two distinctions for the determining this point you must take beed of going away with one of them I know S. Augustins seventeenth Chapter in his second Book against the second Epistle of Gaudentius hath this Title quod ad veritatem cogendi sint etiam inviti which he makes good with these two instances of the King of Ninives commanding his people to repent and the Servants compelling them to come in to the Feast under the Gospel But neither of these Commands I hope and as I have said are to be supposed against the consciences of the one or the other but only they were unwilling and negligent and so had need of importunity and enforcement I deny not therefore but the Magistrate hath power N.B. of Constraint and Restraint in the matters of Religion but I say he hath not power of Constraint in matters Religious or other matters which are against a mans conscience The other Note is that when I have distinguished between Restraint and Constraint in the matter of Conscience not in the general matters only of Religion it does not seem to me safe to descend to particulars what is and what is not to be restrained but in general the Magistrate may use a due restraint when he hath reason and it is not fit he should restrain any when he hath none There is reason the Magistrate should restrain a John of Leyden and Knipperdoling when he hath indeed none against a peaceable Owen and honest Kiffin The Roman Emperour may have cause in general to take heed of innovation and yet have no cause to disturb the Christian of whom Pliny wrot to Traian By this means shall it not follow either that Christianity should be ever kept out of the World or that when Religion is established it must be overturned again by faction but that such a liberty only be allowed to conscience as is consistent with the Articles of Faith a good Life and the Government of the Nation SECT 10. Suppose we now then a Magistrate desirous to bring his People to a Religion or to a Uniformity in that way of worship he himself best approves What may he do therein The first thing he may and is to do is doubtless to take care that the people have Instruction that the Word be preached and such means used which are proper to convince their understandings and satisfie their consciences that they may submit to it This is the chief I count he is to do In the next place he may and is to cause all those impediments to be removed which may obstruct them in the reception of this Religion So Cyrus by his authority repressed the Jews enemies and made the way open for their return and rebuilding Jerusalem In the last place the Magistrate may tender all the encouragements and advantages with a restraint of the same to the refusers that he can possible to win them over to the way he conceives good for them When he hath gone thus far he must make a stand and consider in good earnest whether that which he would impose be against their Consciences or no. If it be not he may proceed to lay his Injunctions upon them whereby an obligation does fall upon the conscience supposing the thing reasonable and for the common good to do what his will is and if they do it not hereupon he may by the infliction of punishment that is by his Temporal Sword enforce them to a due obedience In summ He may do all and the very same in the concerns of Religion as he may do in the other concerns of his Kingdom upon that supposition But if it be against their Consciences he can proceed no farther He cannot lay any obligation on the Conscience which is contrary to that wherein it stands bound already and where he can lay no obligation on the conscience he cannot ex imperio command and where he cannot
such where the Superiour commands what he ought I will express it if you will in other words When the Superiour commands any thing which he ought we are obliged for conscience sake and the fifth Commandment requires us to do the thing or else we break that command because this thing bears in it the authority of both Commanders when he commands any thing which he ought not we are obliged for wrath's sake and the fifth Commandment requires only that we do not resist so that if we resist not we give that honour and pay that duty to the Magistrate which we owe in this case If we suffer with submission or obey rather then suffer or avoid both the grievance and suffering with prudence neither bringing contempt on his Authority or inducing our Brethren to sin we are to account that we answer the intent of this Commandment I must add still that this is as much too as the Magistrate himself need desire in the Earth seeing if he be strict upon it and the thing be not sinful he may take any body do what he please upon this account As for our Prefacer it must be yet a greater reproof to his undertaking that in this endeavour of his to set up an Authority in the Magistrate over the Conscience in all matters External he is certainly fallen in with Mr Hobs whom yet to avoid the odium he is fain himself to confute For when that more considerable person according to his principles of Government makes all men by nature before they come into society to be in a state of War that gives every man right to every thing which right upon their agreement into a Common-wealth is given up he counts into the hands of the Soveraign to determine Propriety so that his will thenceforth becomes the measure of right and wrong to the Community he proceeds so far upon the conceit as to condemn these two positions That every man is judge of good and evil Doctrine That whatsoever a man does against his conscience is sin See his Leviathan C. 29. Now let us compare this ingenuously as we ought seeing else it is so bad with other places in his Book That Subjects owe to Soveraigns simple obedience in all things wherein their obedience is not repugnant to the Laws of God I have proved C. 31. Again It is manifest enough that when a man receiveth two contrary commands and knows that one of them is Gods he ought to obey that and not the other though it be the command of his lawful Soveraign or his Father C. 43. It does appear then when the Ecclesiastical Polititian does confine the authority he gives the Magistrate over the conscience to external and indifferent things allowing the authority of the conscience over the Magistrates in things intrinsecally sinful and expresly forbidden by God he does but the same which Mr. Hobs does also if you compare them equally taking one place with another But herein are they wicked companions both that they should once offer to take away from reasonable Agents a judgement of private discretion in any concernment of conscience whatsoever One may easily indeed perceive what the Contents of this young mans papers do amount unto He dare not take off all obligations of good and evil from mens consciences antecedent to humane Laws as Hobs in that one place though otherwhere as it seems he intended not so far hath done because this were not only the way to ruine Religion but his name and to bring all Government also to ruine which he engages to assert But he would take off all obligations from mens consciences in the whole business of Conformity antecedent to the will of the Parliament and Bishops so as their Acts must be the rule of good and evil to us as to these matters He does tell us indeed of a liberty to our Judgments and to our Faith but when he will allow us to judge and believe of these things as we do and would yet have us account that the publick conscience the Laws and not the private dictates of our own must govern our outward actions it does bring to my mind one passage more in his Friend What if a Soveraign forbids his Subjects to believe in Christ I answer says Mr. Hobs it is no effect because belief or unbelief never follow mans Commands But what if we be commanded to confess with our Tongues It is an external thing and no more then any other gesture whereby we signifie our obedience and a Christian holding firmly in his heart the Faith of Christ hath the same liberty herein with Naaman Leviathan C. 42. There are no passages but this and that one before cited that in my reading over that Book I observed to be so extream bad as folks ordinarily talk but this I noted for a Devilish Doctrine seeing it is offered thus indefinitely for it is directly contrary to all the Holy Martyrs belief and practise and the express institution of our Lord that he that confesses him before men he will acknowledge and he that denieth him he will deny before his Heavenly Father Yet if any will be so kind to the old Gentleman as I have been before to produce some passages otherwhere that may confine hâ—s meaning here to such compliances of the Tongue and Knee only as are required in the impositions of Vniformity and no other but such then shall the old Leviathan and the young Leviathan agree very throughly in their opinion And why the young one should fall upon his Sire so foully as he hath done whom above all men being alone of his side he should have rather endeavoured to excuse unless out of shew onely and for a coulour or out of invenility and vanity he shall for me have the Tripos or be the eighth man who can give me a good reason I perceive indeed that two points and both of which I have had long in my thoughts are harled together through the skein of this Prefacers Discourse that is the Magistrates Authority in Religion and the Obligation of human Laws It will be expedient for me to dispatch the one quite out of my hands being already done in another Book to be at liberty to attend the other presently altogether By what hath been then laid down it may appear that the right and relation of a Subject to his Soveraign may be held good when yet there are it may be some of his Laws not obeyed Some Laws there are which a man must rather suffer or dye then obey as the Roman Emperors commanding Sacrifice to their Gods Some we are to obey out of conscience such are all the wholesome Laws of a mans Countrey Some there are that we obey out of prudence rather then suffer which yet we do not judge our selves bound to obey for fear of sin or of Gods displeasure The great question then arises what is that rule according to which the Laws of men are to be measured that we may
of the question with some more mature thoughts and peculiar notion which affording me a ground work for further disquisition hath given me both the rise and ability to carry the point on to a full Determination And this Gentleman I count hath given too little to the Magistrate on the other hand in the matters of Religion but hath gone to make it up with giving him too much in Moral and Civil matters I must be forced to tell this to my ordinary Reader who else would perhaps hardly believe that it is I who stand for Liberty of Conscience that grant the Magistrate his due power in things Sacred as well as Civil and it is he is not tender enough of it when denying him what is his due the use of his Sword or power in things Religious he hath left him without a rule or bounds to his commands in other matters If I appear to drive on my purpose in this and other of my Books more dryly and scantily then in a Subject or Subjects so capacious might be expectted let not the Judicious Reader impute that to me as a fault which is a thing so much to be wished in the writings of others that I do single out the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the main thing altogether which is to be sought and I do by no means deflect from it leaving whatsoever else the matter may lead to as more copious and where none of the knot lyes to the Volums of others Sect. 8. The first of these Books then is A Discourse of Ecclesiastical Polity the design whereof as to the substance consists in the giving a Superiority to the Magistrate over the Conscience that in all doubtful or disputable cases viz. in all matters in their nature indifferent he means according to his Scope in all matters now in difference between the Conformist and Non-Conformist a man must account according to that Authors opinion that if he act against the dictates of his conscience out of obedience to the lawful Magistrates commands he does but as a Christian and is justifyed by him in the doing A Doctrine that I take to be not only new and Heterodox but dangerous to Religion and the opening a door to the pleasing of man and seeking preseâ—ment above keeping a good conscience before God In things apparently and intrinsecally evil he grants that the Magistrate is not to be obeyed But how can this stand on its foundation if conscience had not certainly an authority over the commands of the Magistrate and the authority of the Magistrate not over conscience as he speaks There need no more proof that conscience must have the superiority in every thing then to yeild it in any thing seeing it is the conscience of every particular person is the judge to him of what God has forbidden and the command of God must take place of the command of men in all things alike whatsoever If this eminently accomplished young Divine then be not too proud to take it kindly I would help him out here according to the best that I think can be done There is the conscience of the universality and of particular persons When he says the Magistrates Authority is over the conscience let us understand his meaning to be onely as to the conscience of such particulars which in some sense may be granted while he passes any Law upon the account that it is according to the consciences of the Generality notwithstanding it proves against theirs And then whereas he speaks often to this purpose that the conscience being in doubt a man should in all matters indifferent make the Law or will of the Magistrate his rule Let us understand him favourably that he means onely when a man is satisfied in the main of the thing that it is lawful and there remains only some scruples that are fit to be shaken off in which case Divines I think do ordinarily advise it to be safest to obey the Law But this is to be known also that the conscience is not to be accounted doubtful in this case but satisfied and troubled only as the Travellour is with the Scrupuli the gravel in his Shooe which he throws out and walks on whereas if his feet be really wounded and he does so he may be undone That this may be the better relished I will entreat this person to take good heed onely to a certain Book which is another such a one as his and came out then and I suppose he likes well a Book entituled Toleration discussed where he may read these passages for his instruction Am I to believe every thing to be indifferent which the Magistrate tells me is so though it be wicked No he answers Sect. 21. You are bound there by a Superiour Law and to your self you are Judge Again I am so far in another place from advising you to renounce your reason that on the contrary I would have you absolutely guided and concluded by it and only to obey for quiets sake so far as you can possibly obey in conscience Again The Magistrate is a publick Minister and his Commission reaches not to particular consciences On the other side there is as little reason for any ones private opinion to operate on a publick Law So that if I mistake not we are upon accord thus far That every particular is to look to one and the King to the whole Again The King is accountable to God for the welfare of his people and you are accountable to God for the good of your little particular If you cannot obey the Law do not but abide the penalty And finally when he hath balanced all the interest he can for the Law with this alone of Conscience he hath the same cloze And yet I say stick to your conscience I do cite these passages with pleasure to see a reverence to conscience in the heart of the Gentleman who wrot that Book and that meerly out of conviction when the Divine who wrot this Discourse of Ecclesiastical polity hath so carried it as if in the whole matters which are now in agitation between all parties in the Nation the Magistrates Authority alone should satisfie every body When the Dictates of a private conscience says he happen to thwart the determinations of the publick Laws they in that case loose their binding power with several passages to that purpose which is certainly a fair beginning as is intimated for the making the Rulers favour and a mans own advancement very quickly all his Religion The Magistrate then which I offer as what himself and this Gentleman intends in the passing any Law the matter whereof is against any of his Subjects consciences is to be conceived to go by a Judgement on the Generality and those Laws to be supposed according to conscience because they are according to his own and those of the generality when else they could not be passed without sinning against God In the mean time every particular man for himself is
doing or does a thing which is evil or destructive to the Government and common good though it be according to his own Conscience or judgment but what he ought to do I think the Magistrate may punish him with comfort and may restrain him more comfortably from what he would do but I do not think he may punish him with any such content for not doing that which yet were good so long as it is against his Conscience My reason I give is this Because in the one the man does what God would not have him in the other he does what God would have God would not have him do evil because of his erroneous Conscience but that he should lay down his error and do good but God will have every man so regard his Conscience though erroneous that he must not do any thing against it for any fear or advantage in the world Again as for what cause I will ask For what end could you punish him Is it for the most ordinary end of punishment the parties amendment that is the making the man do what he now leaves undone I answer Then your distinction here becomes void when you say you would not force him to any thing against his Conscience but you can punish him for the Magistrates forcing a man to any thing against his Conscience is to punish him for not doing the thing to make him do it Or is it only for example sake to others If so Then must these others be either such as the thing is also against their Consciences and then I say you are no more to punish one man to enforce others thereby to do against their Consciences than to force himself to act against it Or these others must be such as it is not against their Consciences though against his and in such a case if their be indeed a punishment can be inflicted so as will not be inductive either to the man himself or others to do the thing which is against their Consciences but will only induce others who can do it according to theirs to the doing I am not careful though it be executed upon any yet cannot say steadily that you may execute it because the very nature of punishment is such as unless it be for a fault and that wich deserves it there is no other end without this can justifie the infliction of it You see at last still unto what all will be reduced Things are or things are not against mens Consciences And there is a forcing positively or negatively Understand these terms as I have unfolded my self and so judg of the weight or insufficiency of my Undertaking SECT 14. I remember in the life of Josephus when some of the Trachonites came in for rescue to the Jews where himself was Governor and the Jews would thereupon constrain them to be circumcised or else let them not abide with them he would not permit that injurious zeal alledging That every man ought according to his own mind and not by mans compulsion to serve God In our English story to suit this when Ethelbert the first Prince that received Christianity of the Sexon Heptarchy was converted by Austine sent hither by Gregory and many thereupon came into the Church it is said He specially embraced those that came in but compelled none for he had learned that the faith and service of Christ ought to be voluntary and not of constraint It helpeth much to establish the publick Tranquility says the Imperial Edict of Constantine and Licinius for every man to have liberty to use and choose what kind of worshipping himself pleases And for that intent is this done of us to have no man enforced to one Religion more than another A Prince who would draw his Subjects divided into Sects and Factions to his Religion should not in my opinion use force says Bodin Which he enhaunses more particularly from the example of Theodosius toward the Arrians John Barclay not William that wrote adversus Monarchomachos hath a Discourse on purpose to this effect about the Calvinists as it is thought under the name of the Hyperephanians in one Chapter of his Argenis It was observed by the Popes Councel says Guiccardine that the prosecution of Luther since it was not accompanied with their own Reformation did encrease his Reputation and that it had been a less evil to dissemble the knowledg of such a matter which would perhaps have dissolved of its self than by blowing at the brand to make the fire burn the more There may be some Notes conferred with this out of Davilah upon the deliberations of the Politick Katharine Regent of France about the Pacification in her Son Henry the Thirds time I will rest in one after Henry the Fourth succeeded That great Prince thought good to declare himself Catholick but gets that same Edict for Liberty to the Hugonats to be renewed and passed the Parliament of Paris By which means endeavouring to remove suspition from their minds and confirming them by good usage together with some gifts and promises to the chief Heads he insensibly took away says the Historian the pulse and strength of that Party so that those that are versed in the Kingdom believe that a few years of such sweet poyson if he had not been disabled in this course through want of money would have extinguished that Faction which so many years of desperate War had not with the effusion of so much blood been able to weaken Violent courses says my Lord Cook are like hot waters that may do good in an extreamity but the use of them doth spoil the stomack and it will require them stronger and stronger and by little and little they will lessen the operation They that love this Commonwealth says Judg Jenkins will use means together with the restitution of the King to procure an Act of Oblivion and tender Consciences a just and reasonable satisfaction else we must all perish first or last I will crown the rest of these Testimonies with that experienced advice of our late King to his Son our now consenting Soveraign Beware of exasperating any Faction by the crosness and asperity of some mens passions humours or private opinions employed by you grounded only upon the differences in lesser matters which are but the skirts and suburbs of Religion wherein a charitable Connivance and Christian Toleration often dissipates their strength whom a rougher opposition fortifies and puts their despised and oppressed party into such combinations as may most enable them to get a full revenge on those they count their Persecutors who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion I set down these passages which my self occasionally have noted I may add many more out of others It is not like in the three first Centuries of the Church that any thing is to be found in the Christian Writings for the use of the Sword in Religion while themselves
not my knowledge of a thing and that I am to do it but my knowledge that it is God will or my knowledge of his judgement of the thing to be the same with mine that makes it Conscience I think I am full enough now You may then object that I sometimes seem in that Book to make the obligation of the outward man to be negative not to rebell and another time to be positive also to some act I answer 't is true that from the beginning I do make the obligation of the outward man to lye in both these a necessity never to resist and upon that necessity to act rather then suffer But interest of fear or self preservation binds the reason as well as the sense I say true and that there is the reason then of the outward man which is one and the reason of the conscience which is another When my reason is the fear of suffering because I may not resist and therefore I will it is my outward man is bound but when my reason is that the thing hath Gods Authority and it will offend him if I do it not and therefore I will then am I bound in conscience A human Law which is for the common good binds me from reason of conscience a Law which is unprofitable or against it binds me only from the outward mans reason There is Candour indeed to be allowed to this distinction which I have intimated as to most terms of Art but they are not therefore to be left both because of their constant use and also for their profit in the shorter cut which we get to what we would have by the use of them Onely they are verily to be at once first throughly understood and then shall all that which we signifie by them be as compleatly represented with a word as if it were drawn out in the full expression That which I have to offer upon this against the Prefacer and Debater who are companions in this cause is this that whereas they see no more but to think that the stability of Crowns and Scepters and so of all Government does lye in the Ministers especially the Episcopal Divines preaching such Doctrine as theirs which is to lay an obligation upon the conscience of the subject to obey them in all things indefinitely unless they be apparently forbidden in the Word of God they are exceedingly mistaken for if there were nothing else to support Soveraignity but that the Kings Crown might perhaps stick no longer on his Head then till the Parliament sits again seeing we may then very likely have more Laws that we shall make no conscience to obey and yet we shall make conscience God willing of our Loyalty to his Majesty and must do while we live by the command of the Aâ—mighty It is not the point of Obedience then it must be inculcated upon which the Government of Kings is established but upon the point of Subjection Let me say it over again It is not on the point of obedience out of Conscience but on the point that we must obey because the Magistrate beareth the Sword and that not in vain that the whole World is kept in Order And also upon this point of Conscience that whether we have cause to obey or not obey we must however never resist upon pain of damnation Let the Book before mentioned be herein further consulted And after this there will be little reason for our Prefacer to talk any more of exceptions levelled at the Power it self by any Pretences of the Non-Conformist against the Soveraign right of the King in the matters of the Church any more then of the State for we own no such no more then he though the way of his expressing himself by putting a restraint upon his Subjects consciences is so feat and grating till it be digested and withal so wayward that I cannot but point it to the Readers correction by what will hereafter follow If he hath any thing then to charge us with it must be in regard to the matters of the command unto which therefore he proceeds But then they say there are some particular things exempted from all humane cognizance which if the Civil Magistrate presume to impose upon the consciences of his Subjects He should say upon his Subjects not upon the consciences of his Subjects for the Magistrate imposes nothing but upon the outward man requiring the external act and the inward acts follow onely so far as they are necessary to the external as he ventures beyond the Warrant of his Commission so he can tye no Obligation of Obedience upon them seeing they can be under no subjection in those things where they are under no Authority Now this pretence resolves it self thus that they do not quarrel his Majesties Ecclesiastical Supremacy but they acknowledge it to be the undoubted right of all Soveraign Princes as long as its exercise is kept within due bounds of modesty and moderation Which being granted all their general exceptions Very fine when we have indeed none at all against the sufficiency of the Authority it self are quitted and they have now nothing to except against but the excess of its Jurisdiction So that having gained this ground Mighty to gain what never was with held the next thing to be assigned and determined is the just and lawful bounds of this Power which may be summed up in this general rule That Governours take care not to impose things apparently evil and that Subjects be not allowed to plead Conscience in any other case This is the safest and most easie Rule to secure the Quiet of all that are upright and peaceable and all that refuse subjection to such a gentle and moderate Government make themselves uncapable of all the benefits of society It is well we are come now at last where the water â—…cks The Non-Conformist differs not from the Conformist in the main point that secures all Government that is Subjection but it is in the point of Obedience only we differ And here are two questions The one is about the matters of our obedience in general what is the rule or the bounds that must be set to the Magistrates commands that we exceed not our duty to God while we are obedient to our Governours The other is about the particular matters of it whether the present impositions of Conformity do keep within that compass and consequently are lawful or unlawful The latter of these is the pitcht Field between the Conformist and Non-Conformist and neither of us have a mind to enter into it Only I will offer thus much by the way The Conformists generally do hold that the things we differ about are indifferent and consequently thae they may be removed out of the Church by Authority without sin The Non-Conformists say generally they shall sin if they obey them What then is to be done in the case but if my friend be weak and cannot indeed come to me I must go to my
friend if ever I and my friend come together Nay if he be my friend there is something too I must do else I must part with something if he need it and which I can-spare to accommodate him with it to accommodate with him by it I wish heartily I might live to see a Law that no man should have any more then one Cure of souls so long as there are others no less able then they who may take the burden off their hands It was upon this account because they wanted men of ability that Pluralities were allowed in the Church at first and when such men do abound it is wicked to continue them There is one dispensation only should be authentick for a Minister that fears God to have two Livings and that is when he hath two Tongues It is this damned hard Argument at the bottom the Priests covetousness and corruption and not their dispute about the Ceremonies that really hinders our Accommodation I know these sons of the Horseleech will never be contented with a single portion whose voice still is give give A Dignity therefore with a Living may be allowed to answer their double give but one Dignity and one Cure of Souls should be all If there be any will yet cry give give and give they may be the sons of the Aspe or the Adder for the Horseleech her self must say she never had any such sons as these who enlarge their desire as Hell and are as Death and cannot be satisfied The former is the question to which we must return and we are indeed beholding to the Gentleman for comprising his Books into the Compendium of this Rule The Governour must not impose things apparently evil and the Subject must be allowed to plead Conscience in no other case For the examination of this position I will ask in the first place who shall be Judge whether a thing be apparently evil or not The Magistrate judges it good the Subject holds it notoriously evil Shall the Subject take upon him now to controul the judgement of his Soveraign and tell him that is evil which he calls good Who shall say to his Prince Thou art wicked I am not sure what he will first say to this In the next place suppose a thing not to be apparently evil but thought indifferent by the Prince and his Subjects generally and yet some person hath his reasons upon deep consideration that prove it evil He is convinced in his own conscience upon these reasons What will this Author judge now in this case must he indeed forsake his own judgment and apprehensions and acquiesce in the determination of his Governour I know this Author speaks after this rate in his first Book but I am out of doubt that he may never forsake his conscience which is that present judgement for any fear command or advantage in the World Again suppose a thing be really indifferent in its nature and it is so to me in my Absolute judgement yet there are cases in regard of the circumstances or accidents that make it in my Hypothetical judgement to be sinful what will he have us to do now For instance There are things to me indifferent which yet are hainous in others and I may scandalize them in my doing them by my example It was indifferent to the strong Christian to eat of meats offered to Idols who knew that an Idol was nothing but to him that made conscience of the Idol it was Idolatry now for a man to whom this thing was lawful to eat before him to whom it was Idolatry becomes unlawful and he may not do it for conscience sake Conscience I say not thy own but of that other God commands thou shalt not do that thing whereby thy self or others will be lead to sin if it be done The Magistrate commands thou shalt do such a thing Who must be obeyed God or Man When a thing is evil by accident and not intrinsecally evil if we can seperate the accident from the thing we must do it But if we cannot remove if from the accident that accident makes it evil and we cannot be obliged unto sin by the commandment of man In the last place And why must a man be allowed conscience in no other case is it because he hath or is to have no conscience in any cases but such Does not the Apostle require of every one in the case of indifferent things that they be perswaded fully in their own minds that they act not but in Faith Does he not tell us that if they eat before they are so perswaded they are damned and that to him who esteemeth the thing unclean it is unclean Does not the Apostle speak directly and purposely about things here that are not intrinsecally and apparently evil but matters of that nature which are good and evil according to the diversities of mens perswasions How bold is this man then to offer us such a rule which is directly to lead us if we follow it against these plain Texts of Scripture upon the hazard of damnation The just and lawful bounds says he of this power have been already described viz. in his former Books as to the most material cases that can occurre in human life which may be summed up in this general Rule before mentioned If this Rule then be the sum of what he hath offered in his former Books it follows that he being out in this rule the substance of his Books must fall with it But if this then be not the rule you may ask what is It is easie to throw down but the difficulty is to build I answer it is this is the work and business of my discourse that ensues and to be presented best by degrees upon the occasion of what is offered also by another yet seeing the Gentleman hath engaged me with this sum of his thoughts which is I count ingenuously done though he be out I will requite him with the like though I do some thing prevent my own intentions I say then that this Author is so far mistaken in proposing this rule to the Magistrates power over mens consciences that it is Conscience it self is the Rule even the conscience which is in every particular subject is the bounds and rule to him of what he must and must not do how far and no farther he must go in all the commands of Man whatsoever One would wonder to see what obscurity is cast upon Truth by words and Disputes There are no Divines but will tell us that it is the will of God or the Word of God that is the rule of conscience and the adaequate rule of it as Dr Sanderson upon this subject That it is Gods Seat with the like expressions And what is the meaning of this but that Conscience is not and cannot be under any authority that is human but is subject to God only and yet when we come to this point and ask how far the Magistrates Authority does reach
in the matters of Religion they are not able to say Thus far as far as Conscience even to these Confines and it must go no farther It is Gods Authority must be first That of the Conscience next and then the Magistrates So long as the Magistrates commands trespass not upon conscience they are within his proper Territories but if they require any thing against that they are gone beyond their bounds and their Authority ceases The truth is there is but Gods Authority and Mans in all and the conscience hath Gods Authority which must therefore be over mans There is no Determination almost in any point which hath been held of difficulty which in the vertical turn is so plain clear and perfect as this The Magistrate I say hath power over his Subject in all things N.B. even in all things whatsoever in the Earth that he can do as to the external acts I have said and the Subject may or is to obey him in them so far as his conscience will let him Lo here the true rule or bounds of Gods own setting in this business In short The Magistrate shall command me in any thing but my conscience And who will not be ready to say now that this is indeed that which they knew and must wonder that they themselves did not make the Determination Indeed how shall a man be subject to the Magistrate for conscience sake if the command of conscience had not in it a Superiour and more prevalent Power than his it would be for his own sake and not for conscience sake if his authority was greater than it I know I have something here anticipated what is to follow in giving my notion so soon and at once but I do it for this reason because I know also it is the dry light at last and that alone that must be of force for conviction of those that will receive any by controversie Sect. 6. I must not yet leave this There are things in their nature indifferent and things apparently forbidden or required of God There is no difference between us in the last God must be obeyed in such things beyond question Duo sunt genera actuum imperii qui ad jus imperantis non pertinent Deo vetita jubere Deo jussa vetare For the other there is a double case The case of meer indifferency and the case of doubt That is there are things which are indifferent in their nature and appear so to us and there are things indifferent in their nature and yet appear to us unlawful In the one case the resolution is plain To do a thing whereof I am in doubt that is whereof I am not sufficiently perswaded it is lawful to do is forbidden Whatsoever is not of Faith is sin But the Magistrate hath not power to command me to sin You may say I had better obey doubtfully then disobey doubtfully I answer my doubt in the one refers unto God in the other unto Man and I must prefer God before Man If I disobey I doubt that I do ill onely because of Mans command but if I obey I doubt I do ill because of Gods I must be resolved that God forbids not the thing before the command of man can take place I obey then doubtfully but I forbear in saith I believe and am assured that God hath not commanded the thing I forbear but I am in doubt whether he hath not forbidden what I obey In the other case the resolution in general is that we are bound to obedience but it must be offered not indefinitely but with the distinction of a Political and Moral Obligation When Samuel tells the people the manner of their King that he would take their sons for his Charrets and Daughters for confectionaries their Fields and Vineyards to give unto his Servants Here is a political obligation on this people to deliver their Children and Estates for the Kings use upon his command because the Government was such in the Constitution that if he did so they might not resist him for all that when yet if any of them could save their sons and daughters or goods without violence or offending the King no doubt but they might and have a good conscience to God A political obligation then is to be bound to the thing so as to do it rather then resist a moral is to be bound to it so as if we do it not we sin We are bound to obey the King in all his commands of things indifferent with a political we are not bound to obey them with a moral obligation onely when they are for the common good I have used other terms to the same sense in my other Book and I am free in them being explained but it may be these are less obnoxious to cavil The Ecclesiastical Polititian therefore and the Debater both so far as he goes along with him hath made a very grievous young Determination in this business while he so confoundedly asserts that the Magistrate must be obeyed in all things not intrinsecally and aparently evil without any discrimination else whatsoever whereas the holding this is manifestly impious in one of these cases and tyrannous or intolerably oppressive to the conscience in the other There are some things indifferent I say in their nature that yet to us are unlawful while we suppose them unlawful or are in doubt of it and to do them in that doubt is sin and there are some things lawfull but so inconvenient so unprofitable so grievous that we should be loath always when then outward man is to have the conscience also charged with them I know upon the whole matter what it is that can mainly be urged God commands that we honour and obey our Superiours This is the duty of the fifth Commandment When the Magistrate then does appoint this or that particular thing an obligation to it arises upon us as part of that duty and so the conscience is obliged by God and that indefinitely in all Laws I answer the Reader who hath read my other Book with this thus far I will receive this instruction as one use of the whole viz. how the duty which God requires of us the fifth Commandment is to be understood and it is to be understood thus When our Superiour commands what he ought we are obliged by the Authority of that particular command so that if the thing be not done we sin when he commands what he ought not as when a Law is not for the peoples good we are obliged only by the Authority which is in his person and so if that be preferred otherwise we sin not though the thing be left undone And this is but what is ordinarily affirmed though not ordinarily so well understood by our Divines in their saying that the commands of men do oblige onely so far as to avoid Contempt and Scandal A determination I must say to be received onely in such commands which ought not to be commanded but not in
them but say the Commanders of those Jews and those Soldiers might have compelled them in those cases I say if any of them could they ought and they should not have been said then to dye in their innocency I say again if they might then can a Magistrate command and force a man to act against his conscience then can he command him to sin then can he command what God has forbidden then must man be above God The earth it self methinks can as soon be moved as this foundation SECT 12. What shall we say then to these things Shall we complain that God Almighty hath put in man such a sturdy thing as Conscience is which makes him so often to become refractory to the commandments of his Superiors whensoever they do but require any thing against it No there is good reason God should maintain to himself an Authority above any mortal in the earth and that his name should be glorified by his servants in the confession of it to be world Or shall we complain of Government desiring to be rid of it as that which is so uneasie to our Consciences that we cannot hardly serve God but we must disobey man and incur danger about it Shall we rise up therefore in rebellion and acquit our selves God forbid It is the will of Heaven who hath put into the heart of man an awe to his invisible being as our supream Lord to constitute the Magistrate to bear his Image and representation in the earth that in his person himself may be honoured so long as we obey only with subordination to his will and the common good which is the end of his appointment If neither of these what then Shall we be e'en content in this state of corruption and imperfection when the Fall hath brought so much difficulty upon all things else as well as Government to offer the best composition we can between the duty the Magistrate owes to God and his people and the obedience the people owe to him and their consciences so that we may not put off any truth which stands irrefragable by the pleading inconvenience when these inconveniences are by prudence to be prevented and if we do it but as well as we can that is as the state of mans corruption or human frailty and infirmity will allow it suffices and the rest must be born Shall we agree upon this if we shall I have but a little more to say hereunto and I have done The Office of the Magistrate is to make the Laws and to see to the execution In all things as well Religious I have said as Civil which are for the peoples good he may pass and execute any Laws so long as they be agreeable to the Word of God and mens Consciences but he can command or inforce nothing which is against mens Consciences This is delivered already Those things now which are against mens Consciences let us consider in the last place which hath been intimated also from one or two occasions before are either such as are against the Vniversality or against so many of their Consciences as the Magistrate is to take Cognizance of them or against the Consciences only of so few as is not meet for him to take cognizance of them In the first case he is not to pass such a Law I count upon any terms if he do he sins against his Charge and he hath no authority to sin himself or cause any to sin In the second we may suppose that the Consciences of a few particular persons only are not sufficient to put an obstruction to any law really good for the Community but it is to be accounted for the universalities sake to be according to the subjects Consciences and not against them But when I have said thus as to the passing of the Law I must say also that in the execution of such Laws I hold that even those particular persons ought to be regarded In order hereunto There are some that pretend conscience of a thing when indeed they make none of it Understand not this so as if all that could not give a reason sufficient for what they hold did not make a conscience of it which hath cause a great prejudice and false reckoning of this business but when they believe not the thing really in their heart to be so as they pretend When men pretend they make a Conscience of a thing and indeed do not I would have the Magistrate above all men to execute the Law upon such supposing they judg that Law righteous and make them an example If you will say But how shall a Magistrate know this seeing no man can judg of anothers heart I acknowledge readily this is a difficulty and the chief thing which requires the Magistrates prudence and faithfulness Yet this I say That every man for all that being judg of his own acts and the punishing of forbearing a person being what the Magistrate does he must go and can but go according to his judgment He uses the Mediums as a wise man does and lawfully may take his conjecture the tree is known by his fruit and it is not necessary it should be certain but only that it be certain he so judges and if he be convinced in his Soul and indeed judges the mans profession only to be pretence it is his own judgment and nothing else can determine him Although where the person is serious in what he declares and not under any publick note of perfidiousness the rule of Charity which hopeth all things and believeth all things and thinketh no evil must encline him to the best construction When men do truly make the conscience they pretend let the Justice take heed and see that he likewise reverence Conscience no less than they do If the penalty be such only as the man is like to endure it without scruple rather than do that which is against his Conscience the Magistrate may be the bolder in executing that Law upon him But if it be such as he is like rather to do the thing against his Conscience than suffer it I would not be that Magistrate who should put such a Law in execution upon any In the mean time every particular man for himself is to look to his Conscience as his Judg in the business of his Soul and account that authority void to him whatsoever it be that commands any thing contrary to what that dictates And the supream Authority is to conceive that those that act under it will use prudence upon that account Which prudence I fear me really in this case can hardly be Christian but it must come to this That either they must totally forbear and not so much as threaten prosecution of the Law upon such a person or else perswade him first to resolution to bear the penalty and not do the thing against his conscience They must in effect say thus to the man If this thing be against your Conscience we advise you not