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conscience_n humane_a law_n obligation_n 1,134 5 9.8189 5 false
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A59095 Table-talk, being discourses of John Seldon, Esq or his sense of various matters of weight and high consequence, relating especially to religion and state. Selden, John, 1584-1654. 1696 (1696) Wing S2438; ESTC R3639 74,052 204

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has Stone whipt Stones cries I might have called my Lord of Salisbury Fool often enough before he would have had me whipt 3. Speak not ill of a great Enemy but rather give him good Words that he may use you the better if you chance to fall into his Hands the Spaniard did this when he was dying his Confessor told him to work him to Repentance how the Devil tormented the wicked that went to Hell the Spaniard replying called the Devil my Lord. I hope my Lord the Devil is not so cruel his Confessor reproved him Excuse me said the Don for calling him so I know not into what Hands I may fall and if I happen into his I hope he will use me the better for giving him good words Excommunication 1. THat place they bring for Excommunication put away from among your selves that wicked Person 1 Cor. 5. Cha. 13. Verse is corrupted in the Greek for it should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 put away that Evil from among you not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that Evil Person besides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the Devil in Scripture and it may be so taken there and there is a new Edition of Theodoret come out that has it right 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 'T is true the Christians before the Civil State became Christian did by Covenant and Agreement set down how they should live and he that did not observe what they agreed upon should come no more amongst them that is be Excommunicated Such Men are spoken of by the Apostle Romans 1. 31. whom he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Vulgar has it Incomposit sine faedre the last Word is pretty well but the first not at all Origen in his Book against Celsus speaks of the Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Translation renders it Conventus as it signifies a Meeting when it is plain it signifies a Covenant and the English Bible turned the other Word well Covenant-breakers Pliny tells us the Christians took an Oath amongst themselves to live thus and thus 2. The other place Dic Ecclesiae tell the Church is but a weak Ground to raise Excommunication upon especially from the Sacrament the lesser Excommunication since when that was spoken the Sacrament was instituted The Jews Ecclesia was their Sanhedrim their Court so that the meaning is if after once or twice Admonition this Brother will not be reclaim'd bring him thither 3. The first Excommunication was 180 Years after Christ and that by Victor Bishop of Rome But that was no more than this that they should Communicate and receive the Sacrament amongst themselves not with those of the other Opinion The Controversie as I take it being about the Feast of Easter Men do not care for Excommunication because they are shut out of the Church or delivered up to Satan but because the Law of the Kingdom takes hold of them after so many Days a Man cannot Sue no not for his Wife if you take her from him and there may be as much reason to grant it for a small Fault if there be contumacy as for a great one In Wectminster-Hall you may Out-law a Man for forty Shillings which is their Excommunication and you can do no more for Forty Thousand Pound 4. When Constantine became Christian he so fell in love with the Clergy that he let them be Judges of all things but that continued not above three or four Years by reason they were to be Judges of Matters they understood not and then they were allowed to meddle with nothing but Religion all Jurisdiction belonged to him and he scanted them out as much as he pleas'd and so things have since continued They Excommunicate for three or four Things Matters concerning Adultery Tythes Wills c. which is the civil Punishment the State allows for such Faults If a Bishop Excommunicate a Man for what he ought not the Judge has Power to absolve and punish the Bishop if they had that Jurisdiction from God why does not the Church Excommunicate for Murder for Theft If the Civil Power might take away all but three Things why may they not take them away too If this Excommunication were taken away the Presbyters would be quiet 't is that they have a mind to 't is that they would fain be at Like the Wench that was to be Married she ask'd her Mother when 't was done if she should go to Bed presently no says her Mother you must dine first and then to Bed Mother no you must dance after Dinner and then to Bed Mother no you must go to Supper and then to Bed Mother c. Faith and Works 1. T Was an unhappy Division that has been made between Faith and Works tho' in my Intellect I may divide them just as in the Candle I know there is both Light and Heat But yet put out the Candle and they are both gone one remains not without the other So 't is betwixt Faith and Works nay in a right Conception Fides est opus if I believe a thing because I am commanded that is Opus Fasting-Days 1. WHat the Church debars us one Day she gives us leave to take out in another First we fast and then we feast first there is a Carnival and then a Lent 2. Whether do Humane Laws bind the Conscience If they do 't is a way to ensnare If we say they do not we open the Door to Disobedience Answ. In this Case we must look to the Justice of the Law and intention of the Law-giver if there be no Justice in the Law 't is not to be obey'd if the intention of the Law-giver be absolute our Obedience must be so too If the intention of the Law-giver enjoyn a Penalty as a Compensation for the Breach of the Law I sin not if I submit to the Penalty if it enjoyn a Penalty as a future enforcement of Obedience to the Law then ought I to observe it which may be known by the often repetition of the Law The way of fasting is enjoyn'd unto them who yet do not observe it The Law enjoyns a Penalty as an enforcement to Obedience which intention appears by the often calling upon us to keep that Law by the King and the Dispensation of the Church to such as are not able to keep it as young Children old Folks diseas'd Men c. Fathers and Sons 1. IT hath ever been the way for Fathers to bind their Sons to strengthen this by the Law of the Land every one at Twelve Years of Age is to take the Oath of Allegiance in Court-Leets whereby he swears Obedience to the King Fines 1. THe old Law was that when a Man was Fin'd he was to be Fin'd Salvo Conteneniento so as his Countenance might be safe taking Countenance in the same sense as your Country-Man does when he says if you will come unto my House I will shew you the best Countenance I can that is not the best Face but the best Entertainment
God and my Duty towards Man What care I to see a Man run after a Sermon if he couzens and cheats as soon as he comes home On the other side Morality must not be without Religion for if so it may change as I see convenience Religion must govern it He that has not Religion to govern his Morality is not a Dram better than my Mastiff-Dog so long as you stroke him and please him and do not pinch him he will play with you as finely as may be he is a very good moral-Mastiff but if you hurt him he will fly in your Face and tear out your Throat Mortgage 1. IN case I receive a thousand Pounds and mortgage as much Land as is worth two thousand to you if I do not pay the Money at such a day I fail whether you may take my Land and keep it in point of Conscience Answ. If you had my Lands as security only for your Money then you are not to keep it but if we bargain'd so that if I did not repay your 1000 l. my Land should go for it be it what it will no doubt you may with a safe Conscience keep it for in these things all the Obligation is Servare Fidem Number 1. ALL those mysterious things they observe in Numbers come to nothing upon this very ground because Number in it self is nothing has not to do with Nature but is meerly of Humane Imposition a meer Sound For Example when I cry one a Clock two a Clock three a Clock that is but Man's division of Time the time it self goes on and it had been all one in Nature if those Hours had been call'd Nine Ten and Eleven So when they say the Seventh Son is Fortunate it means nothing for if you count from the Seventh backward then the First is the Seventh why is not he likewise Fortunate Oaths 1. SWearing was another thing with the Jews than with us because they might not pronounce the Name of the Lord Jehovah 2. There is no Oath scarcely but we swear to things we are ignorant of For Example the Oath of Supremacy how many know how the King is King what are his Right and Prerogative So how many know what are the Priviledges of the Parliament and the Liberty of the Subject when they take the protestation But the meaning is they will defend them when they know them As if I should swear I would take part with all that wear red Ribbons in their Hats it may be I do not know which Colour is Red but when I do know and see a red Ribbon in a Man's Hat then will I take his Part. 3. I cannot conceive how an Oath is imposed where there is a Parity viz. in the House of Commons they are all pares inter se onely one brings Paper and shews it the rest they look upon it and in their own Sense take it Now they are but pares to me who am none of the House for I do not acknowledge my self their Subject if I did then no question I was bound by an Oath of their imposing 'T is to me but reading a Paper in their own Sense 4. There is a great difference between an Assertory Oath and a Promissary Oath An Assertory Oath is made to a Man before God and I must swear so as Man may know what I mean But a Promissary Oath is made to God only and I am sure he knows my meaning so in the new Oath it runs whereas I believe in my Conscience c. I will assist thus and thus that whereas gives me an Outloofe for if I do not believe so for ought I know I swear not at all 5. In a Promissary Oath the mind I am in is a good Interpretation for if there be enough happen'd to change my mind I do not know why I should not If I promise to go to Oxford to Morrow and mean it when I say it and afterwards it appears to me that 't will be my undoing will you say I have broke my Promise if I stay at Home certainly I must not go 6. The Jews had this way with them concerning a Promissary Oath or Vow if one of them had vow'd a Vow which afterwards appear'd to him to be very prejudicial by reason of something he either did not foresee or did not think of when he made his Vow if he made it known to three of his Country-men they had Power to absolve him though he could not absolve himself and that they pick'd out of some Words in the Text Perjury hath only to do with an Assertory Oath and no Man was punisht for Perjury by Man's Law till Queen Elizabeth's time 't was left to God as a sin against him the Reason was because 't was so hard a thing to prove a Man perjur'd I might misunderstand him and he swears as he thought 7. When Men ask me whether they may take an Oath in their own Sense 't is to me as if they should ask whether they may go to such a place upon their own Legs I would fain know how they can go otherwise 8. If the Ministers that are in sequestred Livings will not take the Engagement threaten to turn them out and put in the old ones and then I 'll warrant you they will quietly take it A Gentleman having been rambling two or three Days at length came home and being in Bed with his Wife would fain have been at some thing that she was unwilling to and instead of complying fell to chiding him for his being abroad so long Well says he if you will not call up Sue his Wife's Chamber-maid upon that she yielded presently 9. Now Oaths are so frequent they should be taken like Pills swallowed whole if you chew them you will find them bitter if you think what you swear 't will hardly go down Oracles 1. ORacles ceas'd presently after Christ as soon as no body believ'd them Just as we have no Fortune-Tellers nor wise Men when no body cares for them Sometime you have a Season for them when People believe them and neither of these I conceive wrought by the Devil Opinion 1. OPinion and Affection extreamly differ I may affect a Woman best but it does not follow I must think her the handsomest Woman in the World I love Apples best of any Fruit but it does not follow I must think Apples to be the best Fruit. Opinion is something wherein I go about to give reason why all the World should think as I think Affection is a thing wherein I look after the pleasing of my self 2. 'T was a good Fancy of an old Platonick The Gods which are above Men had something whereof Man did partake an intellect Knowledge and the Gods kept on their Course quietly The Beasts which are below Man had something whereof Man did partake Sense and Growth and the Beasts lived quietly in their way But Man had something in him whereof neither Gods nor Beasts did partake which gave