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A53733 Truth and innocence vindicated in a survey of a discourse concerning ecclesiastical polity, and the authority of the civil magistrate over the consciences of subjects in matters of religion. Owen, John, 1616-1683. 1669 (1669) Wing O817; ESTC R14775 171,951 414

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his but is antecedent to his coming or any power given unto Him or granted by Him pag. 40. Magistrates have a power to make that a particular of the Divine Law which God had not made so p. 80. and to introduce new duties in the most important parts of Religion So that there is a publick conscience which men are in things of a publick concern relating to the Worship of God to attend unto and not to their own And if there be any sin in the command he that imposed it shall answer for it and not I whose whole duty it is to obey p. 308. Hence the command of Authority will warrant obedience and obedience will hallow my actions and excuse me from sin ibid. Hence it follows that whatever the Magistrate commands in Religion his Authority doth so immediately affect the Consciences of men that they are bound to observe it on the pain of the greatest sin and punishment And he may appoint and command whatever he pleaseth in Religion that doth not either countenance Vice or disgrace the Deity p. 85. And many other expressions are there of the general Assertion before laid down This therefore seems to me and to the most impartial Considerations of this Discourse that I could bring unto it to be the Doctrine or Opinion proposed and advanced for the quieting and composing of the great tumults described in its entrance namely That the supream Magistrate in every Nation hath power to order and appoint what Religion his Subjects shall profess and observe or what he pleaseth in Religion as to the worship of God required in it provided that he enjoyneth nothing that countenanceth Vice or disgraceth the Deity and thereby binds their Consciences to profess and observe that which is by him so appointed and nothing else are they to observe making it their duty in Conscience so to do and the highest Crime or Sin to do any thing to the contrary and that whatever the precise Truth in these matters be or whatever be the apprehensions of their own Consciences concerning them Now if our Author can produce any Law Usage or Custome of this Kingdom any Statute or Act of Parliament any authentick Record any Acts or Declarations of our Kings any publickly authorised writing before or since the Reformation declaring asserting or otherwise approving the Power and Authority described to belong unto to be claimed or exercised by the Kings of this Nation I will faithfully promise him never to write one word against it although I am sure I shall never be of that mind And if I mistake not in a transient Reflection on these Principles compared with those which the Church of England hath formerly pleaded against them who opposed her Constitutions they are utterly by them cast out of all consideration and this one notion is advanced in the room of all the Foundations which for so many years her Defenders as wife and as Learned as this Author have been building upon But this is not my concernment to examine I shall leave it unto them whose it is and whose it will be made appear to be if we are again necessitated to engage in this dispute For the present be it granted that it is the duty and in the power of every supream Magistrate to Order and Determine what Religion what Way what Modes in Religion shall be allowed publickly owned and countenanced and by publick revenue maintained in his Dominions That is this is allowed with respect to all pretensions of other Soveraigns or of his own Subjects with respect unto God it is his Truth alone the Religion by him revealed and the Worship by him appointed that he can so allow or establish The Rule that holds in private persons with respect to the publick Magistrate holds in him with respect unto God Illud possumus quod jure possumus It is also agreed that no men no individual Person no Order or Society of men are either in their persons or any of their outward concerns exempted or may be so on the account of Religion from His Power and Jurisdiction nor any Causes that are lyable unto a legal political disposal and determination It is also freely acknowledged that whatever such a Magistrate doth determi●● about the Observances of Religion under what penalties soever His Subjects are bound to observe what He doth so command and appoint unless by general or especial Rules their Consciences are obliged to a Dissent or contrary Observation by the Authority of God and His Word In this case they are to keep their Souls entire in their spiritual subjection unto God and quietly and peaceably to bear the troubles and inconveniencies which on the account thereof may befall them without the least withdrawing of their Obedience from the Magistrate And in this state of things as there is no Necessity or appearance of it that any man should be brought into such a condition as wherein Sin on the one hand or the other cannot be avoided so that state of things will probably occurr in the world as it hath done in all Ages hitherto that men may be necessitated to Sin or Suffer To winde up the state of this Controversie we say that antecedent to the Consideration of the power of the Magistrate and all the Influence that it hath upon men or their Consciences there is a superiour determination of what is true what false in Religion what right and what wrong in the Worship of God wherein the Guidance of the Consciences of men doth principally depend and whereinto it is ultimately resolved This gives an Obligation or Liberty unto them antecedent unto the imposition of the Magistrate of whose command and our actual Obedience unto them in these things it is the Rule and Measure And I think there is no Principle no common presumption of Nature nor dictate of Reason more evident known or confessed than this that whatever God commands Us in his Worship or otherwise that we are to do and whatever he forbids us that we are not to do be the things themselves in our eye great or small Neither is there any difference in these things with respect unto the Way or manner of the declaration of the Will of God Whether it be by innate common light or by Revelation all is one The Authority and Will of God in all is to be observed Yea a Command of God made known by Revelation the way which is most contended about may suspend as to any particular Instance the greatest command that we are obliged unto by the Law of Nature in reference unto one another as it did in the precept given to Abraham for the Sacrificing of his Son And we shall find our Author himself setting up the Supremacy of Conscience in opposition unto and competition with that of the Magistrate though with no great self-consistency ascribing the preheminence and prevalency in obligation unto that of Conscience and that in the principal and most important duties of Religion and
the Principles here asserted and contended for either express or represent the supremacy of the Kings of this Nation in matters Ecclesiastical as it is stated and determined by themselves in Parliament but rather so as to give great offence and scandal to the Religion here professed and advantage to the Adversaries thereof for after there appeared some ambiguity in those words of the Oath enacted 1 Eliz. of testifying the Queen to be supream Governour as well in all Spiritual or Ecclesiastical things or Causes as in Temporal and many doubts and scruples ensued thereon as though there were assigned to her a power over the Consciences of her Subjects in spiritual things or that she had a power Her self to order and administer spiritual things In quinto Elizab. it is enacted by way of Explanation that the Oaths aforesaid shall be expounded in such form as is set forth in the Admonition annexed to the Queens Injunctions published in the first year of Her Reign where disclaiming the power of the Ministry of divine offices in the Church or the power of the Priesthood here by our Author affixed to the supream Magistrate her power and Authority is declared to be a Soveraignty over all manner of persons born within this Realm whether they be Ecclesiastical or Temporal so that no foraign power hath or ought to have any superiority over them And so is this supremacy stated in the Articles Anno 1562. namely an Autho●ity to Rule all Estates and Degrees committed to the charge of the supream Magistrate by God whether they be Ecclesiastical or Temporal and to restrain the stubborn or evil-doers Of the things contended for by our Author the Authority of the Priesthood and power over the Consciences of men in matters of Religion there is not one word in our Laws but rather they are both of them rejected and condemned I have yet laid the least part of that Load upon this Principle which if it be farther pressed it must expect to be burdened withal and that from the Common Suffrage of Christians in all Ages But yet that I may not transgress against the design of this short and hasty Discourse I shall proceed no farther in the pursuit of it but take a little Survey of what is here pleaded in its defence Now this is undertaken and pursued in the first Chapter with the two next ensuing where an end is put to this Plea For if I understand any thing of his words and expressions our Author in the beginning of his fourth Chapter cuts down all those Gourds and Wild Vines that he had been planting in the three preceding for he not only grants but disputes also for an obligation on the Consciences of men antecedent and superiour unto all humane Laws and their obligation his words are as followeth pag. 115. It is not because Subjects are in any thing free from the Authority of the Supream Power on earth but because they are subject to a Superiour in Heaven and they are only then excused from the duty of Obedience to their Soveraign when they cannot give it without Rebellion against God So that it is not originally any Right of their own that exempts them from a subjection to the Soveraign Power in all things but it is purely Gods right of Governing his own Creatures that Magistrates then invade when they make Edicts to violate or controll his Laws and those who will take off from the Consciences of men all obligations antecedent to those of Humane Laws instead of making the Power of Princes Supream absolute and uncontrollable they utterly enervate all their Authority and set their Subjects at perfect Liberty from all their Commands I know no men that pretend to Exemption from the Obligation of Humane Laws but only on this Plea that God by his Law requires them to do otherwise and if this be so the Authority of such Laws as to the Consciences of men is superseded by the confession of this Author Allow therefore but the Principles here expressed namely that men have a Superiour Power over them in Heaven whose Laws and the Revelation of whose Will concerning them is the Supream Rule of their duty whence an Obligation is laid upon their Consciences of doing whatever is commanded or not doing what is forbidden by him which is superiour unto and actually supersedes all Humane Commands and Laws that interfere therewith and I see neither use of nor place for that Power of Magistrates over the Consciences of men which is so earnestly contended for And our Author also in his ensuing Discourse in that Chapter placeth all the security of Government in the Respect that the Consciences of men have to the Will and Command of God and which they profess to have which in all these Chapters he pleads to be a Principle of all Confusion But it is the first Chapter which alone we are now taking a view of The only Argument therein insisted on to to make good the Ascription unto the Magistrate of the power over Religion and the Consciences of men before described is the absolute and indispensable necessity of it unto publick Tranquility which is the principal and most important End of Government In the pursuit of this Argument sometimes yea often such expressions are used concerning the Magistrates power as in a tolerable Construction declare it to be what no man denyes nor will contend about But it is necessary that they be interpreted according to the Genius and tenor of the Opinion contended for and accordingly we will consider them This alone I say is that which is here pleaded or is given in as the subject of the ensuing Discourse But after all I think that he who shall set himself seriously to find out how any thing here spoken hath a direct and rational cogency towards the establishment of the conclusion before laid down will find himself engaged in no easie an undertakeing We were told I confess at the entrance so as that we may not complain of a surprizal that we must expect to have Invectives twisted with Arguments and some such thing seems here to be aimed at but if a Logical Chymist come and make a separation of the Elements of this Composition he will find if I mistake not an heap of the drossy Invective and scarce the least appearance of any argument Ore Instead of sober rational arguing crimina rasis Librat in Antithetis great Aggravations of mens miscarriages in the pursuit of the Dictates of their Consciences either real or feigned edged against and fiercely reflected upon those whom he makes his Adversaries and these the same for substance repeated over and over in a great variety of well placed words take up the greatest part of his Plea in this Chapter especially the beginning of it wherein alone the Controversie as by himself stated is concerned But if the Power and Authority over Religion and the Consciences of men here ascribed unto Supream Magistrates be so indispensably necessary to
the preservation of publick Tranquility as is pretended a man cannot but wonder how the world hath been in any Age past kept in any tolerable peace and quietness and how it is any where blessed with those ends of Government at this day For it will not be an easie task for our Author or any one else to demonstrate that the Power mentioned hath ever been either claimed or exercised by any Supream Magistrate in Christendom or that it is so at this day The Experience of past and present Ages is therefore abundantly sufficient to defeat this pretence which is sufficiently asserted without the least appearance of proof or Argument to give it countenance or confirmation or they must be very charitable to him or ignorant in themselves who will mistake Invectives for Arguments The remembrance indeed of these Severities I would willingly lay aside especially because the very mention of them seems to express an higher sense of and regret concerning them then I am in the least subject unto or something that looks like a design of Retaliation but as these things are far from my mind so the continual returns that almost in every Page I meet with of high and contemptuous Reproaches will not allow that they be alwayes passed by without any notice or remark It is indeed indispensably necessary that publick Peace and Tranquility be preserved but that there is any thing in point of Government necessary hereunto but that God have all spiritual power over the Consciences of men and Rulers Political power over their Actings wherein publick Peace and Tranquility are concerned the World hath not hitherto esteemed nor do I expect to find it proved by this Author If these things will not preserve the publick peace it will not be kept if one should rise from the dead to perswade men unto their duty The Power of God over the Consciences of men I suppose is acknowledged by all who own any such thing as Conscience or believe there is a God over all That also in the exercise of this Authority he requires of men all that obedience unto Rulers that is any way needfull or expedient unto the preservation of the ends of their Rule is a Truth standing firm on the same Foundation of Universal consent derived from the Law of Creation and his positive Commands to that purpose have an evidence of his Will in this matter not liable to exception or controll This Conscience unto God our Author confesseth as we have observed in his fourth Chapter to be the great preservation and security of Goverment and Governours with respect unto the ends mentioned And if so what becomes of all the pretences of disorder and confusion that will ensue unless this power over mens Consciences be given to the Magistrate and taken as it were out of the hands of God Nor is it to be supposed that men will be more true to their Consciences supposing the Reiglement of them in the hand of men than when they are granted to be in the hand and power of God for both at present are supposed to require the same things Certainly where Conscience respects Authority as it always doth the more Absolute and Soveraign it apprehends the Authority by which it is obliged the greater and more firm will be the impressions of the obligation upon it And in that Capacity of preheminence it must look upon the Authority of God compared with the Authority of man Here then lyes the security of publick peace and tranquility as it is backed by the Authority of the Magistrate to see that all outward Actions are suitable unto what Conscience toward God doth in this matter openly and unquestionably require The pretence indeed is that the placing of this Authority over the Consciences of men in the Supream Ruler doth obviate and take away all grounds and occasions of any such Actings on the Account of Religion as may tend unto publick disturbance For suppose Conscience in things concerning Religion and the Worship of God subject to God alone and the Magistrate require such things to be observed in the one or the other as God hath not required at least in the Judgements and Consciences of them of whom the things prescribed are required and to forbid the things that God requires to be observed and done in this case it is said they cannot or will not comply in Active Obedience with the Commands of the Magistrate But what if it so fall out Doth it thence follow that such persons must needs Rebell and be Seditious and disturb the publick peace of the Society whereof they are Members Wherefore is it that they do not do or observe what is required of them by the Magistrate in Religion or the Worship of God or that they do what he forbids Is it not because of the Authority of God over their minds and Consciences in these things And why should it be supposed that men will answer the Obligations laid by God on their Consciences in one thing and not in another in the things of his Worship and not of obedience unto Civil Power concerning which his Commands are as express and evident as they can be pretended to be in the things which they avow their obligation unto Experience is pretended to the contrary It is said again and again that men under pretence of their Consciences unto God in Religion have raised Wars and Tumults and brought all things into confusion in this Kingdom and Nation especially and what will words avail against the evidence of so open an experience to the contrary But what if this also should prove a false and futilous pretence Fierce and long Wars have been in this Nation of old upon the various Titles of persons pleading their Right unto Supream Government in the Kingdom against one another so also have there been about the Civil Rights and the Priviledges of the Subjects in the Confusions commonly called the Barons Wars The late Troubles Disorders and Wars amongst us must bear the weight of this whole charge But if any one will take the pains to review the publick Writings Declarations Treaties whereby those Tumults and Wars were begun and carried on he will easily discern that Liberty of Conscience in practice or the exemption of it from the power of the Magistrate as to the Rule and Conduct of it now ascribed unto him in the latitude by sober persons defended or pleaded for had neither place in nor influence into the Beginnings of those troubles And when such confusions are begun no man can give assurance or conjecture where they shall end Authority Laws Priviledges and I know not what things wherein private men of whom alone we treat have no pretence of Interest were pleaded in those Affairs He that would judge aright of these things must set aside all other Considerations and give his instance of the Tumults and Seditions that have ensued on the account of menskeeping their Consciences entire for God alone without any
instituted Ceremonies come to be significant and what it is they signifie and whether it be lawful to assign a significancy to them in the Worship of God when indeed they have none of the kind intended To free us from any danger herein he informs us p. 108. That all the Magistrates power of instituting significant Ceremonies amounts to no more than a power of determining what shall or what shall not be visible signs of honour and this can be no Vsurpation upon the Consciences of men This is new Language and such as we have not formerly been used unto in the Church of England namely That of the Magistrates Instituting Significant Ceremonies It was of old the Churches appointing Ceremonies for decency and Order But all the Terms of that Assertion are now metamorphosed The Church into the Magistrates Appointing which respects exercise into Institution which respects the nature of the thing and hath a singular use and sense in this matter or let them pass for the same and Order and decency into Ceremonies significant These things were indeed implyed before but not so fully and plainly expressed or avowed But the honour here intended in this matter is the honour which is given to God in his Worship This is the honour of Faith Love Fear Obedience spiritual and holy in Jesus Christ. To say that the Magistrate hath power to institute visible signs of this honour to be observed in the outward Worship of God is upon the matter to say that he hath power to institute new Sacraments for so such things would be And to say what neither is nor can be proved nor is here either Logically or any way regularly attempted so to be The Compiring of the Ceremonies and their signification with words and their signification will not relieve our Author in this matter Some things are naturally significant of one another so Effects are of Causes so is Smoke of Fire and such were the Signes of the Weather mentioned by our Saviour Matth. 16. 2 3. Thus I suppose Ceremonies are not significant they do not Naturally signifie the things whereunto they are applyed for if they did there would be no need of their institution And they are here said to be instituted by the Magistrate Again there are Customary Signes some it may be Catholick many Topical that have prevailed by Custome and Usage to signifie such things as they have no absolute Natural Coherence with or Relation unto such are putting off the Hat in sign of Reverence with others innumerable And both these sorts of Signs may have some use about the Service and Worship of God as might be manifested in Instances But the Signes we enquire after are voluntary arbitrary and instituted as our Author confesseth for we do not treat of appointing some Ceremonies for order and decency which our Canons take notice of but of instituting Ceremonies for Signification such as neither naturally nor meerly by Custome and Usage come to be significant but only by Vertue of their Institution Now concerning these one Rule may be observed namely that they cannot be of one kind and signifie things of another by vertue of any command and consent of men unless they have an absolute Authority both over the sign and thing signified and can change their Natures or Create a new Relation between them To take therefore things Natural that are Outward and Visible and appoint them to be Signs not Natural nor Civil nor Customary but Mystical of things Spiritual Supernatural Inward and Invisible and as such to have them observed in the Church or Worship of God is a thing which is not as yet proved to be Lawfull signifie thus naturally they never can seeing there is no natural Relation between them Civilly or by Consent they do not so for they are things Sacred which they are supposed to signifie and are so far from signifying by consent that those who plead for their Signification do not agree wherein it doth consist They must therefore signifie so Mystically and Spiritually and Signa cum ad res Divinas pertinent sunt Sacramenta sayes Austin these things are Sacraments And when men can give Mystical and Spiritual Efficacy to any of their own Institutions when they can make a Relation between such Signes and the things signified by them when they can make that teaching and instructing in spiritual things and the Worship of God which he hath not made so nor appointed blessed or consecrated to that end when they can bind Gods Promises of Assistance and Acceptance to their own Inventions when they can advance what they will into the same rank and Series of things in the Worship of God with the Sacrifices of old or other parts of instituted Worship introduced into the Church by Gods Command and attended with his promise of gracious Acceptance then and not before may they institute the significant Ceremonies here contended for Words it is true are Signs of things and those of a mixed Nature partly Natural partly by Consent But they are not of one kind and signi●ie things of another for say the Schoolmen where words are Signs of Sacred things they are Signs of them as Things but not as Sacred A Survey of the Fourth Chapter IN the fourth Chapter we have no concern The Hypothesis whose Confutation he hath undertaken as it is in it self false so it is rather suited to promote what he aims at than what he opposeth And the principles which himself proceedeth on do seem to some to border on if not to be borrowed from his and those which are here confuted And thence it is that the foundations which he layes down in the entrance of this discourse are as destructive of his own pretensions as of those against which they are by himself improved For it is granted and asserted by him that there are Actions and Duties in and about which the Consciences of men are not to be obliged by humane Authority but have an antecedent Obligation on them from the Authority of God himself So that disobedience unto the contrary commands of humane Authority is no sin but an indispensible Duty And although he seems at first to restrain things of this nature unto things natural and of an essential Rectitude that is the prime dictates of the Law of Nature yet he expresly extends it i● Instances unto the belief of the truth of th● Gospel which is a matter of meer and purr Revelation And hereon he adds The formall and adequate reason of this exemption of Conscience from humane Authority and i● obligation unto duty before its consideration without it and against it which is not because Subjects are in any thing free from the Authority of the Supream power on earth but because they are Subject to a Superiour i● Heaven and they are then only excused from the Duty of obedience to their Soveraign when they cannot give it without rebellion against God so that it is not originally any right of their own that
House to his Son or Neighbour whereby what is just and lawfull in it self is accommodated to the use of political Society He determines also how Persons guilty of death shall be executed and by whom and in what manner whence it must needs follow that he hath power to assign new particulars of the Divine Law to declare new bounds or hedges of right and wrong which the Law of God neither doth nor can limit or hath power over the Consciences of men with respect to Moral Vertues which was to be demonstrated Let us lay aside these swelling expressions and we shall find that all that can be ascribed unto the Civil Magistrate in this matter is no more than to preserve Property and Peace by that Rule and power over the outward Actions of men which is necessary thereunto Having made some enquiry into the termes of Moral Vertue and the Magistrates power it remains only that we consider what respect this case hath unto the Consciences of men with reference unto them And I desire to know whether all mankind be not obliged in Conscience to the Observation of all Moral Vertue antecedently to the command or Authority of the Magistrate who doth only inspect their observation of them as to the concerns of publick peace and tranquility Certainly if all Moral Vertue consists in living suitable to the dictates of Reason as we are told and in a sense rightly if the Rule of them all and every one which gives them their formal Nature be the Law of our Creation which all mankind enter the World under an indispensable obligation unto it cannot be denyed but that there is such an antecedent obligation on the Consciences of Men as that inquired after But the things mentioned are granted by our Author nor can by any be denyed without offering the highest outrage to Scripture Reason and the common consent of Mankind Now if this Obligation be thus on all Men unto all Vertue as Vertue and this absolutely from the Authority of God over them and their Consciences how comes an inferiour Authority to interpose it self between that of God and their Consciences so immediately to oblige them It is granted that when the Magistrate commandeth and requireth the exercise of any Moral Duty in a way suited unto publick good and tranquility he is to be obeyed for Conscience sake because he who is the Lord of Conscience doth require Men to be obedient unto him whereon they are obliged in Conscience so to be But if the things required of them be in themselves Moral Duties as they are such their Consciences are obliged to observe and exercise them from the command of God and other obligation unto them as such they neither have nor can have But the direction and command for the exercise of them in these and those circumstances for the ends of publick Good whereunto they are directed belongs unto the Magistrate who is to be obeyed For as in things meerly Civil and which have nothing originally of morality in them but secondarily only as they tend to the preservation and welfare of humane Society which is a thing Morally good the Magistrate is to be obeyed for Conscience sake and the things themselves as far as they partake of Morality come directly under the command of God which affects the Conscience so in things that have an inherent and inseparable Morality and so respect God in the first place when they come to have a civil Sanction in reference to their exercise unto publick political Good that Sanction is to be obeyed out of Conscience but the antecedent obligation that was upon the Conscience unto a due exercise of those Duties when made necessary by circumstances is not superseded nor any new one added thereunto I know what is said but I find not as yet what is proved from these things concerning the uncontroleable and absolute power of the supream Magistrate over Religion and the consciences of men Some things are added indeed here up and down about circumstances of Divine Worship and the power of ordering them by the Magistrate which though there may be some different conceptions about yet they no way reach the cause under debate But as they are expressed by our Author I know not of any one Writer in and of the Church of England that hitherto hath so stated them as they are by him For he tells us pag. 85. That all Rituals Ceremonies Postures and Manners of performing the outward expressions of Devotion that are not chargeable with countenancing Vice or disgracing the Deity are capable of being adopted into the Ministeries of Divine Service and are not exempted from being Subject to the determinations of humane power Whether they are so or no the Magistrate I presume is to judge or all this flourish of words and concessions of power vanish into smoak His command of them binds the Consciences of men to observe them according to the principle under consideration Hence it must be absolutely in the power of every supream Magistrate to impose on the Christian Subjects a greater number of Ceremonious observances in the Worship of God and those of greater weight than ever were laid upon the Jews For who knows not that under the names of Rituals Ceremonies Postures manners of Performing all Divine Service what a butrdensome heap of things are imposed in the Roman Church whereunto as far as I know a thousand more may be added not chargeable in themselves with either of the crimes which alone are allowed to be put in in Barr or Plea against them And whether this be the Liberty whereunto Jesus Christ hath vindicated his Disciples and Church is left unto the judgement of sober men Outward Religious Worship we know is to be performed by natural actions these have their circumstances and those oft-times because of the publick concernments of the exercise of Religion of great importance These may be ordered by the power and according to the Wisdome of those in Authority But that they should make so many things as this assertion allows them to make to belong unto and to be Parts of the Worship of God whereof not one is enjoyned or required by him and the Consciences of men be thereby obliged unto their observance I do not believe nor is it here at all proved To close this Discourse about the power of obliging the consciences of men I think our Author grants that Conscience is immediately obliged to the Observation of all things that are Good in themselves from the Law of our Creation Such things as either the nature of God or our own require from us our Consciences surely are obliged immediately by the Authority of God to observe Nor can we have any dispensation for the non-performance of our Duty from the interposition of the commands and Authority of any of the sons of Men. For this would be openly and directly to set up men against God and to advance them or their Authority above him or his
confusion in all government But what is this to the present enquiry whether Conscience lay an Obligation on men as regulated by the word of God and respecting Him to practise according to its dictates It is true enough that if any of its practices do not please or satisfy the Magistrate their Authors must for ought I know stand to what will follow or ensue on them to their prejudice but this frees them not from the Obligation that is upon them in Conscience unto what is their duty This is that which must be here proved if any thing be intended unto the purpose of this Author namely that notwithstanding the judgment of Conscience concerning any duty by the interposition of the Authority of the Magistrate to the contrary there is no Obligation ensues for the performance of that duty This is the Answer that ought plainly to be returned and not a suggestion that outward Actions must fall under the Cognizance of the Magistrate which none ever doubted of and which is nothing to the present purpose unless he would have them to fall under the Magistrates Cognizance as that his will should be the supream Rule of them which I think he cannot prove But what sense the Magistrate will have of the outward Actions wherein the discharge of mans duty doth consist is of another consideration This therefore is the state of the present case applied unto Religious Worship Suppose the Magistrate command such things in Religion as a man in his Conscience guided by the Word and respecting God doth look upon as Vnlawful and such as are Evil and Sin unto him if he should perform them and forbid such things in the Worship of God as he esteems himself obliged in Conscience to observe as commands of Christ If he may practise the things so commanded and omit the things so forbidden I fear he will find himself within doors continually at confession saying with trouble enough I have done those things which I ought not to have done and I have left undone those things which I ought to have done and there is no health in me unless this Author can prove that the Commands of God respect only the minds of men but not their outward actions which are left unto the Authority of the Magistrate alone If no more be here intended but that whatever Conscience may require of any it will not secure them but that when they come to act outwardly according to it the Civil Magistrate may and will consider their Actions and allow them or forbid them according to his own judgement it were surely a madness to deny it as great as to say the Sun shineth not at noon day If Conscience to God be confined to Thoughts and Opinions and Speculations about the general Notions and Notices of things about True and False and unto a liberty of judging and determining upon them what they are whether they are so or no 〈◊〉 the whole nature and being of Conscience and that to the Reason sense and experience of every man is utterly overthrown If Conscience be allowed to make its judgement of what is good or evil what is Duty or sin and no obligation be allowed to ensue from thence unto a suitable practice a wide door is opened unto Atheism and thereby the subversion of all Religion and Government in the world This therefore is the summ of what is asserted in this matter Conscience according to that Apprehension which it hath of the will of God about His worship whereunto we confine our discourse obligeth men to act or forbear accordingly if their Apprehensions are right and true just and equal what the Scripture the great Rule of Conscience doth declare and require I hope none upon second thoughts will deny but that such things are attended with a right unto a Liberty to be practised whilst the Lord Jesus Christ is esteemed the Lord of Lords and King of Kings and is thought to have power to command the observance of his own Institutions Suppose these Apprehensions to be such as may in some things be they more or less be judged not to correspond exactly with the great Rule of Conscience yet supposing them also to contain nothing inconsistent with or of a disturbing nature to civil Society and publick Tranquillity nothing that gives countenance to any Vice or Evil or is opposite to the principal Truths and main Duties of Religion wherein the minds of men in a Nation do coalesce nor carry any politick entangle●ments along with them and add thereunto the peaceableness of the persons posses● with those Apprehensions and the impossibility they are under to devest themselves of them and I say Natural Right Justice Equity Religion Conscience God himself in all and His Voice in the hearts of all unprejudiced persons do require that neither the persons themselves on the account of their Consciences have violence offered unto them nor their practices in pursuit of their Apprehensions be restrained by severe prohibitions and penalties But whereas the Magistrate is allowed to judge and dispose of all outward Actions in reference to publick tranquility if any shall assert Principles as of Conscience tending or obliging unto the practice of Vice Immorality or Sin or to the disturbance of publick society such principles being all notoriously judged by Scripture Nature the common consent of Mankind and inconsistent with the fundamental principles of Humane Polity may be in all instances of their discovery and practice coerced and restrained But plainly as to the commands of Conscience they are of the same extent with the commands of God If these respect only the inward man or the mind Conscience doth no more if they respect outward Actions Conscience doth so also From the Liberty of Conscience a Proceed is made to Christian Liberty which is said to be a Duty or priviledg founded upon the chimaerical Liberty of Conscience before granted But these things stand not in the Relation imagined Liberty of Conscience is of natural Right Christian Liberty is a Gospel-priviledge though both may be pleaded in bar of unwarrantable Impositions on Conscience But these things are so described by our Author as to be confounded For the Christian Liberty described in this Paragraph is either restrained to matters of pure Speculation wherein the mind of man is left entirely free to judge of the Truth and falsehood of things or as it regards things that fall under Laws and Impositions wherein men are left intirely free to judge of them as they are objects of meer Opinion Now how this differs from the Liberty of Conscience granted before I know not And that there is some mistake in this description of Christian Liberty need no other Consideration to evince but this namely that Christian Liberty as our Author tells us is a Priviledge but this is not so being that which is equally common unto all mankind This Liberty is necessary unto Humane Nature nor can it be divested of it and so it is not
and Rest such as our Author excellently displayes in all their hideous colours and appearances and which are really pernicious to Humane Policy and Society Were it not much better that all these inconveniencies had been prevented in the first Instance by taking care that the Faith Thoughts Perswasions and Judgements of all Subjects about the things of God should be absolutely bound up unto the declared conceptions of their Rulers in these matters Let it not be pretended that this is impossible and contrary to the natural liberty of the minds of men as rational creatures guiding and determining themselves according to their own reason of things and understandings For do but fix the declared Will of the Ruler in the room and place of Divine Revelation which is no hard matter to do which some actually do universally and our Author as to a great share and proportion and the obligation sought after to prevent all Inconvencies in Government falls as full and directly upon the minds thoughts and judgements of men as upon any of their outward Actions And this for the substance of it is now pleaded for seeing it is pretended that in all things dubious where men cannot satisfie themselves that it is the Will of God that they should do a thing or no the Declaration of the Magistrate determines not only their Practice but their Judgement also and gives them that full perswasion of their minds which is indispensably required unto their acting in such things and that faith which frees them from sin For he that doubteth is damned if he eat But it will be said that there will be no need hereof For let men think and judge what they please whilst they are convinced and satisfied that it is their duty not to practise any thing outwardly in Religion but what is prescribed by their Rulers it is not possible that any publick evil should ensue upon their mental conceptions only We observed before that the condition described is exceedingly uneasie which I suppose will not be denyed by men who have seriously considered what it is either to judge or practise any thing that lyes before them with reference unto the judgment of God And that which should tye men up to rest perpetually in such a restless state is as it seems a meer conviction of their duty They ought to be and are supposed to be convinced that it is their duty to maintain the liberty of their minds and judgements but to submit in their outward practice universally to the Laws of men that are over them And this sense and conviction of duty is a sufficient security unto publick tranquility in all that contrariety and opposition of Sentiments unto Established Religion and Forms of Worship that may be imagined But if this be so why will not the same conviction and sense of duty restrain them who do peaceably exercise the Worship of God according to the Light and Dictates of their Consciences from any actings whatever that may tend to the disturbance of the Publick Peace Duty nakedly considered is even as such the greatest obligation on the minds of men and the great security of others in their Actings ariseth from the●c● 〈◊〉 more it is influenced and advantaged by outward considerations the less it is assaulted and opposed by things grievous and perplexing in the way of the Discharge of it the more efficacious will be its operations on the minds of men and the firmer will be the security unto others that thence ariseth Now these Advantages lye absolutely on the part of them who practise or are allowed so to do according to their own Light and Perswasion in the Worship of God wherein they are at rest and full satisfaction of mind and not on theirs who all their dayes are bound up to a perverse distorted posture of mind and soul in judging one thing to be best and most pleasing unto God and practising of the contrary Such an one is the man that of all others Rulers have need I think to be most jealous of For what security can be had of him who hath inured himself unto a continual contradiction between his Faith and his practice For my part I should either expect no other measure from him in any other thing nor ever judge that his profession and wayes of Actings are any sufficient Indications of his mind which takes away all security from mankind or fear that his Convictions of Light and Knowledge as he apprehends would at one time or other precipitate him into attempts of Irregularity and violence for his own relief Hic nig●r est hunc tu Romane caveto It will be said perhaps that we need not look farther for the Disturbance of publick peace from them who practise outwardly any thing in the Worship of God but what is prescribed established and enjoyned seeing that every such practice is such a disturbance it self I say this pretence is miserably ridiculous and contemptible and contrary to the common experience of mankind If this were so the whole World for 300 years lived in one continual disturbance and tumult upon the account of Christian Religion whose Professors constantly practised and performed that in the Worship of God which was so far from being established or approved by Publick Authority that it was proscribed and condemned under penalties of all sorts pecuniary corporal and sanguinary or capital But we see no such matter ensued nor the least disquietment unto the World but what was given unto it by the rage of bloody persecutors that introduced the first Convulsions into the Roman Empire which were never well quieted but ended in its dissolution The experience also of the present and next preceding Ages casts this frivolous exception out of consideration And as such a practice even against Legal Prohibitions though it be by the transgression of a penal Law is yet in it self and just consequence remote enough from any disturbance of Government unless we should suppose that every Non-observance of a penal Statute invalidates the Government of a Nation which were to fix it upon such a Foundation as will not afford it the steddiness of a Weathercok so being allowed by way of exemption it contains no invasion upon or intrusion into the rights of others but being accompanied with the Abridgement of the priviledges of none or the neglect of any duty required to the good of the Common-Wealth it is as consistent with and may be as conducing to publick good and Tranquility as any order of Religious things in the World as shall be elsewhere demonstrated It remains therefore that the only answer to this consideration is that men who plead for Indulgence and Liberty of Conscience in the Worship God according to his Word and the Light which He hath given them therein have indeed no conscience at all and so are not to be believed as to what they profess against sinister and evil Practises This Flaile I know no fence against but this only that they
it cannot be effected without the destruction and death of multitudes they also are not to be forborn Now how this ensues from the fore-mentioned Principle I know not For a supream Magistrate finding that the minds of very many of his Subjects are in their judgements and perswasions engaged in a dissent unto the Religion established by Him or somewhat in it or some part of it especially in things of practical worship though he should be perswaded that he hath so far a power over their Consciences as to command them to practise contrary to their judgement yet knowing their minds and Perswasions to be out of his reach and exempted from his Jurisdiction why may he not think it meet and conducing to publick tranquillity and all the ends of his government even the good of the whole Community committed to his charge rather to indulge them in the quiet and peaceable exercise of the Worship of God according to their own light than alwayes to bind them unto that unavoidable disquietment which will ensue upon the conflict in their minds between their judgements and their practices if he should oblige them as is desired Certainly as in truth and reality so according to this Principle he hath power so to do For to fancy him such a power over the Religion and Consciences of his Subjects as that he should be inevitably bound on all occurrences and in all conditions of affairs to impose upon them the necessary observation of one form of Worship is that which would quickly expose him to inextricable troubles And Instances of all sorts might be multiplyed to shew the ridiculous folly of such a Conception Nay it implies a perfect contradiction to what is disputed before For if he be obliged to settle and impose such a form on all it must be because there was a necessity of somewhat antecedent to his imposition whence his obligation to impose it did arise And on such a supposisition it is in vain to enquire after his Liberty or his power in these things seeing by his duty he is absolutely determined and whatever that be which doth so determine him and put an obligation upon him it doth indispensably do the same on his Subjects also which as it is known utterly excludes the Authority pleaded for This Principle therefore indeed asserts his liberty to do what he judgeth meet in these matters but contains nothing in it to oblige him to judge that it may not be meet and most conducing unto all the ends of his Government to indulge unto the Consciences of men peaceable especially if complying with him in all the Fundamentals of the Religion which himself professeth the liberty of Worshiping God according to what they apprehend of his own mind and Will And let an application of this Principle be made to the present state of this Nation wherein there are so great multitudes of persons peaceable and not unuseful unto publick good who dissent from the present establishment of outward Worship and have it not in their power either to change their judgements or to practise contrary unto them and as it is in the power of the supream Magistrate to indulge them in their own way so it will prove to be his Interest as he is the spring and center of of publick Peace and Prosperity Neither doth it appear that in this discourse our Author hath had any regard either to the real principles of the power of the Magistrate as stated in this Nation or to his own which are fictitious but yet such as ought to be obligatory to himself His principal Assertion is that the Supream Magistrate hath power to bind the Consciences of men in matters of Religion that is by Laws and Edicts to that purpose Now the highest and most obligatory way of the Supream Magistrates speaking in England is by Acts of Parliament It is therefore supposed that what is so declared in or about matters of Religion should be obligatory to the Conscience of this Author but yet quite otherwise p. 59. He sets himself to oppose and condemn a publick Law of the Land on no other ground than because it stood in his way and seemed incompliant with his principles For whereas the Law of 2 and 3 Ed. 6. which appointed two weekly dayes for Abstinence from flesh had been amongst other Reasons Prefaced with this That the Kings Subjects having now a more clear Light of the Gospel through the Infinite mercy of God such canting Language was then therein used and thereby the Kings Majesty perceiving that one meat of it self was not more holy than another c. yet considering that due Abstinence was a means to vertue and to subdue mens bodies to their souls and spirits c. And it being after found it should seem by a farther degree of Light that those Expressions meeting with the inveterate Opinions of some newly brought out of Popery had given countenance to them to teach or declare that something of Religion was placed therein thereon by the Law made 5 Elizab. adding another weekly day to be kept with the former for the same purpose the former clause was omitted and mention only made therein of the Civil and Politique Reasons inducing the Legislators thereunto and withall a Penalty of inflicting punishment on those who should affirm and maintain that there was any concernment of Conscience and Religion in that matter This provision hath so distasted our Author that forgetting it seems his own Design he reproaches it with the Title of Jejunium Cecilianum and thinks it so far from obliging his Conscience to acquiess in the Determination therein made that he will not allow it to give Law to his tongue or pen But vexet censura columbas it seems they are the Phanaticks only that are thus to be restrained Moreover on occasion hereof we might manifest how some other Laws of this Land do seem carefully to avoid that imposition on Conscience which against Law and Reason he pleadeth for For Instance in that of 21 Jacob. touching Usury and the Restraint of it unto the summ therein established it was provided that no words in this Act conteined shall be construed or expounded to allow the practise of Vsury in point of Religion and Conscience And why did not the supream Magistrate in that Law determine and bind the Consciences of men by a declaration of their duty in a point of Religion seeing whether way soever the determination had been made neither would immorality have been countenunced nor the Deity disgraced But plainly it is rather declared that he hath not Cogni●●●ce of such things with reference to the Consciences of men to oblige them or set them at liberty but only power to determine what may be practised in order to publick profit and peace And therefore the Law would neither bind nor set at liberty the Consciences of men in such cases which is a work for the supream Law-giver only Neither as it hath been before observed do
run into Principles and practices inconsistent with the safety of Humane Society and such as will lead them to Seditions and Tumults And hence if I understand him a matter I am continually jealous about from the loosness of his expressions though I am satisfied I constantly take his words in the words in the sense which is received of them by most intelligent persons he educeth all his reasonings and not from a meer dissent from the Magistrates Injuctions without the entertainment of such Principles or an engagement into such practices I cannot I say find the Arguments that arise from a meer supposition that men in some things relating to the worship of God will or do practise otherwise than the Magistrate commands which are used to prove the inconsistency of such a posture of things with publick Tranquility which yet alone was the Province our Author ought to have managed But there is another supposition added that where Conscience is in any thing left unto its own liberty to choose or refuse in the Worship of God there it will embrace sure enough such wicked debauched and seditious principles as shall dispose men unto commotions rebellions and all such evils as will actually evert all rule order and policy amongst men But now this supposition will not be granted him in reference unto them who profess to take up all their Profession of Religion from the command of God or the Revelation of his Will in the Scripture wherein all such Principles and Practices as those mentioned are utterly condemned and the whole Profession of Christianity being left for 300 years without the Rule Guidance and conduct of Conscience now contended for did not once give the least disturbance unto the Civil Governments of the World Disturbances indeed there were and dreadful Revolutions of Government in those dayes and places when and where the Professors of it lived but no concerns of Religion being then involved in or with the Civil Rights and Interests of men as the Professors of it had no Engagements in them so from those Alterations and Troubles no reflection could be made on their profession And the like Peace the like Innocency of Religion the like freedom from all possibility of such imputations as are now cast upon it occasioned meerly by its intertexture with the Affairs Rights and Laws of the Nations and the Interests of its professours as such therein will ensue when it shall be separated from that Relation wherein it stands to this world and left as the pure naked tendency of the souls of men to another and not before But what sayes our Author If for the present the minds of men happen to be tainted with such furious and boysterous conceptions of Religion as incline them to stubbornness and sedition and make them unmanageable to the laws of Government shall not a Prince be allowed to give check to such unruly and dangerous perswasions I answer That such Principles which being professed and avowed are in their own Nature and just Consequence destructive to publick peace and humane Society are all of them directly opposite to the Light of humane nature that common Reason and consent of Mankind wherein and whereon all Government is founded with the prime Fundamental Laws and dictates of the Scripture and so may and ought to be restrained in the practises of the persons that profess them and with reference unto them the Magistrate beareth not the sword in Vain For humane Society being inseparably consequent unto and and an effect of the Law of our Nature or concreated principles of it which hath subdued the whole race of Mankind in all times and places unto its observance Opinions perswasions principles opposite unto it or destructive of it manifesting themselves by any sufficient evidence or in overt Acts ought to be no more allowed than such as profess an Enmity to the Being and Providence of God himself For mens Inclinations indeed as in themselves considered there is no competent Judge of them amongst the Sons of men but as to all outward Actions that are of the tendency described they are under publick Inspection to be dealt withall according to their Demerit I shall only add that the Mormo here made use of is not now first composed or erected it hath for the substance of it been flourished by the Papists ever since the beginning of the Reformation Neither did they use to please themselves more in or to dance more merrily about any thing than this Calf Let private men have their Consciences exempted from a necessary obedience to the Prescriptions of the Church and they will quickly run into all pernicious fancies and perswasions It is known how this Scare-crow hath been cast to the ground and this Calf stamped to powder by Divines of the Church of England It is no pleasant thing I confess to see this plea revived now with respect to the Magistrates Authority and not the Popes for I fear that when it shall be manifested and that by the consent of all parties that there is no pleadable Argument to botom this pretension for the power of the Magistrate upon some rather then forego it will not be unwilling to recur to the fountain from whence it first sprang and admit the Popes plea as meet to be revived in this case And indeed if we must come at length for the security of publick peace to deprive all private persons of the Liberty of judging what is Right and Wrong in Religion in reference to their own practice or what is their duty towards God about his Worship and what is not there are innumerable advantages attending the design of devolving the absolute determination of these things upon the Pope above that of committing it to each supream Magistrate in his own Dominions For besides the plea of at least better security in his determinations than in that of any Magistrates if not his Infallibility which he hath so long talked of and so sturdily defended as to get it a great reputation in the world the delivering up of the Faith and Consciences of all men unto him will produce a seeming agreement at least of incomparably a larger extent then the remitting of all things of this nature to the pleasure of every supream Magistrate which may probably establish as many different Religions in the World as there are different Nations Kingdoms or Commonwealths That which alone remains seeming to give countenance to the Assertions before laid down is our Authors assignation of the Priesthood by natural Right unto the supream Magistrate which in no alteration of Religion he can be devested of but by vertue of some positive Law of God as it was for a season in the Mosaical Institution and Government But these things seem to be of no force For it never belonged to the Priesthood to govern or to rule the Consciences of men with an absolute uncontrollable power but only in their name and for them to administer the holy things which by
Consciences of men as the Scripture the Nature of the thing it self and the right of the L. Christ to introduce his spiritual Kingdom into all Nations do require That which seems to have imposed on the mind of this Author is that if the Magistrate may make Laws for the regulating of the outward profession of Religion so as publick peace and tranquillity may be kept added to what is his Duty to do in the behalf of the Truth then he must have the power over Religion and the Consciences of men by him ascribed unto him But there is no privity of Interest between these things the Laws which he makes to this purpose are to be regulated by the Word of God and the good of the Community over which in the name of God he doth preside and whence he will take his Warranty to forbid men the exercise of their Consciences in the duties of spiritual Worship whilest the Principles they profess are suited to the light of nature and the fundamental Doctrines of the Gospel with the peace of mankind and their practices absolutely confistent with publick welfare I am yet to seek and so as far as I can yet perceive is the Author of the Discourse under Consideration It will not arise from a Parity of Reason from the power that he hath to restrain cursed Swearing and Blasphemies by penal Coercions For these things are no less against the Light of Nature and no less condemned by the common suffrage of mankind and the persons that contract the guilt of them may be no less effectually brought to judge and condemn themselves than are the greatest outrages that may be committed in and against humane Society That the Gospel will give no countenance hereunto he seems to acknowledge in his assignation of several reasons why the use of the power and exercise of it in the way of compulsion by penalties pleaded for by him is not mentioned therein that Christ and his Apostles behaved themselves as Subjects that he neither took nor exercised any Soveraign power that He gave his Laws to Private men as such and not to the Magistrate that the Power that then was was in bad hands are pleaded as excuses for the silence of the Gospel in this matter But lest this should prove father prejudicial to his present occasion he adds p. 42. the only reason why the Lord Christ bound not the precepts of the Gospel upon mens Consciences by any secular compulsories was not because Compulsion was an improper way to put his Laws in execution for then He had never established them with more enforcing Sanctions but only because himself was not vested with any secular power and so could not use those methods of Government which are proper to its jurisdiction this in plain English is that if Christ had had power he would have ordered the Gospel to have been propagated as Mahomet hath done his Alcoran an Assertion untrue and impious contrary to the whole spirit and Genius of the Gospel and of the Author of it aud the Commands and Precepts of it And it is fondly supposed that the Lord Christ suited all the Management of the affairs of the Gospel unto that state and condition in this world wherein he emptied Himself and took upon Him the form of a Servant making Himself of no reputation that He might be obedient unto Death the death of the Cross He layes the Foundation of the promulgation and propagation of it in the world in the grant of all power unto him in Heaven and Earth All power saith he to his Apostles is given unto me in heaven and earth go ye therefore and Baptize all Nations teaching them to observe all things whatever I have commanded you Matth. 28. 19 20. He is confidered in the dispensation of the Gospel as He who is head over all things to the Church the Lord of Lords and King of Kings whom our Author acknowledgeth to be his Vicegerents On this account the Gospel with all the Worship instituted therein and required thereby is accompanied with a Right to enter into any of the Kingdoms of the Earth and spiritually to make the Inhabitants of them subject to Jesus Christ and so to translate them out of the power of darkness into the Kingdom of the Son of God And this Right is Antecedent and paramount to the Right of all earthly Kings and Princes whatever who have no power or Authority to exclude the Gospel out of their Dominions and what they exercise of that kind is done at their peril The penalties that he hath annexed to the final rejection of the Gospel and disobedience thereunto are pleaded by our Author to justifie the Magistrates power of binding men to the Observation of his Commands in Religion on temporal penalties to be by him inflicted on them unto that is the Discourse of this chapter arrived which was designed unto another end I see neither the order method nor projection of this procedure nor know Amphora cum cepit institui cur Vrceus exit However the pretense it self is weak and impertinent Man was originally made under a Law and constitution of Eternal Bliss or Woe This state with regard to his necessary dependance on God and respect to his utmost end was absolutely unavoidable unto him All possibility of attaining eternal happiness by himself he lost by Sirr and became inevitably obnoxious to eternal Misery and the wrath to come In this condition the Lord Jesus Christ the supream Lord of the souls and Consciences of men interposeth his law of Relief Redemption and Salvation the great means of man's Recovery together with the profession of the way and law hereof He lets them know that those by whom it is refused shall perish under that Wrath of God which before they were obnoxious unto with a new Aggravation of their Sin and Condemnation from the contempt of the Relief provided for them and tendered to them This He applyes to the Souls and Consciences of men and to all the inward secret actings of them in the first place such as are exempted not only from the Judicature of men but from the cognizance of Angels This he doth by spiritual means in a spiritual manner with regard to the subjection of the souls of men unto God and with reference unto their bringing to Him and enjoyment of Him or their being eternally rejected by Him Hence to collect and conclude that Earthly Princes who whatever is pretended are not the Soveraign Lords of the Souls and Consciences of men nor do any of them that I know of plead themselves so to be who cannot interpose any thing by their absolute Authority that should have a necessary respect unto mens Eternal condition who have no knowledge of no acquaintance with nor can judge of the principal things whereon it doth depend from whose temporal jurisdiction and punishment the things of the Gospel and the Worship of God as purely such are by the nature of them being spiritual
and not of this World though exercised in it having their respect only unto Eternity and by their being taken into the sole disposal of the Soveraign Lord of Consciences who hath accompanied His Commands concerning them with His own Promises and Threatnings plainly exempted should have power over the Consciences of men so to lay their Commands upon them in these spiritual things as to back them with Temporal Corporal Restraints and Punishments is a way of Arguing that will not be confined unto any of those Rules of reasoning which hitherto we have been instructed in When the Magistrate hath an Arm like God and can Thunder with a Voice like Him when he judgeth not after the sight of his eyes nor reproveth after the hearing of his ears when he can smile the Earth with the Rod of his Mouth and slay the Wicked with the breath of his Lipps when he is constituted a judge of the Faith Repentance and Obedience of men and of their Efficacy in their Tendency unto the pleasing of God here and the Enjoyment of Him hereafter when Spiritual Things in order to their Eternal Issues and Effects are made subject unto Him in brief when he is Christ let him act as Christ or rather most unlike Him and guide the Consciences of men by Rods Axes and Halters whereunto alone his power can reach who in the mean time have an express command from the Lord Christ Himself not to have their Consciences influenced in the least by the consideration of these things Of the like Complexion is the ensuing Discourse wherein our Author p. 43. having spoken contemptuously of the Spiritual Institutions of the Gospel as altogether insufficient for the Accomplishment of the Ends whereunto they are designed forgeting that they respect only the Consciences of men and are his Institutions who is the Lord of their Consciences and who will give them power and efficacy to attain their Ends when administred in his name and according to his mind and that because they are His would prove the necessity of Temporal coercions and penalties in things Spiritual from the Extraordinary Effects of Excommunication in the primitive times in the Vexation and punishment of persons Excommunicate by the Devil This work the Devil now ceasing to attend unto he would have the Magistrate to take upon him to supply his place and Office by punishments of his own Appointment and Infliction and so at last to be sure of giving him full measure he hath ascribed two Extreams unto him about Religion namely to act the part of God and the Devil But as this Inference is built upon a very uncertain conjecture namely that upon the giving up of persons to Satan in Excommunication there did any visible or Corporal Vexation of them by his power ensue or any other effects but what may yet be justly expected from an Influence of his Terrour on the minds of men who are duly and regularly cast out of the visible Kingdom of Christ by that censure and whereas if there be any truth in it it was confined unto the dayes of the Apostles and is to be reckoned amongst the miraculous Operations granted to them for the first confirmation of the Gospel and the continuance of it all the time the Church wanted the Assistance of the Civil Magistrate is most unduly pretended without any colour of Proof or Instance beyond such as may be evidenced to continue at this day supposing it to be true the Inference made from it as to its consequence on this concession is exceeding weak and feeble For the Argument here amounteth to no more but this God was pleased in the dayes of the Apostles to confirm their Spiritual Censures against Stuborn Sinners Apostates Blasphemers and such like hainous Offenders with extraordinary spiritual Punishments so in their own nature or in the manner or way of their Infliction therefore the Civil Magistrate hath power to appoint things to be observed in the Worship of God and forbid other things which the Light and Consciences of men directed by the Word of God require the observation of upon ordinary standing corporal penalties to be inflicted on the outward man quod erat demonstrandum To wind up this Debate I shall commit the Vmpirage of it to the Church of England and receive her Determination in the words of one who may be supposed to know her sense and Judgement as well as any one who lived in his dayes or since And this is Doctor Bilson Bishop of Winchester a Learned man skilled in the Laws of the Land and a great Adversary unto all that dissented from Church Constitutions This man therefore treating by way of Dialogue in answer to the Jesuites Apologie and Defence in the Third Part p. 293. thus introduceth Theophilus a Protestant Divine arguing with Philander a Jesuite about these matters Theoph. As for the Supream Head of the Church it is certain that Title was first transferred from the Pope to King Henry the eighth by the Bishops of your side not of ours And though the Pastors in King Edwards time might not well dislike much less disswade the style of the Crown by Reason the King was under years and so remained until he dyed yet as soon as it pleased God to place her Majesty in her Fathers Throne the Nobles and Preachers perceiving the words Head of the Church which is Christs proper and peculiar honor to be offensive unto many that had vehemently refelled the same in the Pope besought her Highness the meaning of that word which her Father had used might be expressed in some plainer and apter terms And so was the Prince called Supream Governour of the Realm that is Ruler and Bearer of the Sword with lawful Authority to command and punish answerable to the Word of God in all Spiritual or Ecclesiastical things or Causes as well as in Temporal And no Forreign Prince or Prelate to have any Jurisdiction Superiority Preheminence or Authority to establish prohibit correct and chastise with Publick Laws or Temporal Fains any Crimes or Causes Ecclesiastical or Spiritual within her Realm Philand Calvin saith this is Sacriledge and Blasphemy Look you therefore with what Consciences you take that Oath which your own Master so mightily detesteth Theoph. Nay look you with what faces you alledge Calvin who maketh that style to be sacrilegious and blassphemous as well in the Pope as in the Prince reason therefore you receive or refuse his Judgement in both If it derogate from Christ in the Prince so it doth in the Pope Yet we grant the sense of the word Supream as Calvin perceived it by Stephen Gardiners Answer and behaviour is very blasphemous and injurious to Christ and his Word whether it be Prince or Pope that so shall use it What this sense is he declares in the words of Calvin which are as followeth in his Translation of them That Jugler which after was Chancelor I mean the Bishop of Winchester when he was at Rentzburge neither would
of the Divine Attributes which I suppose they are not whose Rules and formes are alterable upon accidents and occasions And we are taught also pag. 68. that the practice of Vertue consists in living suitable to the dictates of Reason and Nature which are Rules not variable and Changeable There must be some new distinction to reconcile these things which I cannot at present think of That which I would enquire from hence is whether the Magistrates have power over the Consciences of men in reference unto those things in Morality whose Rules of good and evil are of an Eternal obligation That he hath not is evidently implyed in this place And I shall not enter into the confusion of the ensuing Discourse where the latter sort of Rules for Vertue the other member of the distinction are turned into various Methods of executing Laws about outward acts of Vertue or Vice and the Vertues themselves into outward expressions and significations of Duty for I have at present no contest with this Author about his manner of writing nor do intend to have It is enough that here at once all the principal and most important Vertues are vindicated to their own unalterable Rules as such and the Consciences of Men in reference unto them put under another jurisdiction And what then becomes of this Argument That the Magistrate must have power over the Consciences of Men in matters of Divine Worship because he hath so in things Moral which are of greater importance when what is so of importance is exempted from his power Hence it sufficiently appears that the Authority of the Magistrate over men with reference unto Moral Vertue and Duty doth not respect Vertue as Vertue but hath some other consideration Now what this is is evident unto all How Moral Vertues do belong unto Religion and are parts of it hath been before declared But God who hath ordered all things in weight and measure hath fore-designed them also to another end and purpose For preparing mankind for Political Society in the world among themselves for a time as well as for Religious Obedience unto himself he inlayed his nature and composition with principles suited to both those ends and appointed them to be acted with different respects unto them Hence Moral Vertues notwithstanding their peculiar tendency unto him are appointed to be the instrument and ligament of humane Society also As the Law of Moses had in it a typical end use and signification with respect to Christ and the Gospel and a political use as the instrument of the Government of the Nation of the Jews Now the Power of the Magistrate in respect of Moral Vertues is in their latter use namely as they relate to humane policy which is concerned in the outward actings of them This therefore is granted and we shall enquire farther whether any more be proved namely that the Magistrate hath power over the outward actings of Vertue and Vice so far as humane Society or publick Tranquility is concerned in them and on that account Secondly It may be enquired what is the Power and Authority over Moral Vertues which is here ascribed unto the Civil Magistrate and over the Consciences of men with respect unto them Is it such as to make that to be Vertue which was not Vertue before or which was Vice and oblige men in Conscience to practise it as Vertue This would go a great way indeed and answer somewhat of what is or as it is said may be done in the Worship of God when that is made a part of it which was not so before But what name shall these new Vertues be called by A new Vertue both as to its Acts and Objects will as much fly the imaginations of men as a sixth sense doth It may be our Author will satisfie us as to this enquiry for he tells us pag. 80. That he hath power to make that a particular of the Divine Law that God hath not made so I wish he had declared himself how and wherein for I am afraid this expression as here it lyes is offensive The Divine Law is Divine and so is every particular of it● and how a man can make a thing Divine that is not so of it self nor by Divine Institution is hard to find out It may be that only the subject matter of the Law and not the Law it self formally is intended and to make a thing a particular of the Divine Law is no more but to make the Divine Law require that in particular of a man which it did not require of him before But this Particular referrs to the Nature Essence and Being of the thing or to the acting and occasion of it in particular And if it be taken in the latter sense here is no more ascribed unto the Magistrate than is common with him to every man in the World For every one that puts himself into new circumstances or new Relations doth so make that unto him to be a particular of the Divine Law which was not so before for he is bound and obliged unto the actual performance of many Duties which as so circumstantiated he was not bo●●● unto before But somewhat else seems to be intend●● from the ensuing discourse they are fully empowred to declare new instances of Vertue and Vice and to introduce new duties in th● most important parts of Religion And y●● I am still at the same loss For by his declaring new Instances of Vertue and Vice suppose he intends an Authoritative declaration such as that they have no other foundation nor need none to make them what they are They are new Instances of Vertue and Vice because so declared And this suits unto the introducing of new Duties in the most important parts of Religion made Duties by that introduction I wish I could yet learn what these new Instances of Vertue and Vice are or mean Whether they are new as Vertues and Vices or as Instances For the first would I could see a new practice of old Virtues but to tell you the truth I care not for any of the new Vertues that I have lately observed in the World nor do I hope ever to see any better new ones If it be the Instances that are new I wish again I knew what were more in them than the actual and occasional exercise of old Duties Pag. 79 80. conduce most to extricate us out of these ambiguities There we are informed that the Laws of every Nation do distinguish and settle mens rights and properties and that distinctly with respect whereunto Justice that prime Natural Vertue is in particular Instances to be exercised And pag. 84. It is further declared that in the administration of Justice there may be great difference in the constitution of penalties and execution of men This it seems is that which is aimed at the Magistrate by his Laws determines whteher Titius have set his hedge upon Caius's ground and whether Sempronius hath rightly conveyed his Land or
Things evidently deduced and necessarily following the first Principles and Dictates of Nature are of the same kind with themselves and have the Authority of God no less enstamped on them than the other and in respect unto them Conscience cannot by Vertue of inferiour commands plead an exemption Things of meer Revelation do remain and concerning them I desire to know whether we are not bound to observe and do whatever God in his revealed Will commands us to observe and do and to abstain from whatever he forbids and this indispensably If this be denyed I will prove it with the same Arguments whereby I can prove that there is a God and that we are his Creatures made to serve him For the Reason of these things is inseparable from the very Being of God Let this be granted and ascribe what ye will or please or can to the Supream Magistrate and you shall not from me have the least contradiction A Survey of the Third Chapter THe third Chapter entertains us with a Magnificent Grant of Liberty of Conscience The very first Paragraph asserts a Liberty of Conscience in Mankind over all their Actions whether Moral or Strictly Religious But lest this should prove a Bedlam Concession that might mischief the whole design in hand it is delivered to the power of a Keeper who yet upon examination is no less wild and extravagant than it self is esteemed absolutely to be This is That they have it as far as concerns their judgements but not their practice That is They have Liberty of Conscience over their Actions but not their practices or over their Practices but not over their pratices For upon Tryal their Actions and Practices will prove to be the same And I do not as yet well understand what is this Liberty of Conscience over mens Actions Is it to do or not to do as their Consciences dictate to them This is absolutely denied and opposed in the chap. it self Is it to judge of their Actions as done whether they be good or evil This Conscience is at no liberty in For it is determined to a judgment in that kind Naturally and Necessarily and must be so whilest it hath the Light of Nature and Word of God to regard So far as a Rule is capable of giving a measure and Determination to things to be regulated by it That is its moral actings are morally determined What then this Liberty of Conscience over mens actions should be where they can neither Act freely according to their Consciences what they are to do nor abstain from what they are not to do nor are at liberty to judge what they have done to be good or bad I cannot divine Let us search after an Explication of these things in the Paragraph it self whose Contents are represented in the words mentioned Here we are told that this Liberty consists in mens thinking of things according to their own perswasion and therein asserting the freedom of their judgements I would be loth to think that this Liberty of mens Consciences over all their moral Actions should at first dash dwindle into a Liberty in Speculations That men may Think what they will opine as they please in and about things that are not to be brought into practice but yet as far as I can perceive I must think so or matters will come to a worse issue But these things must be a little farther examined and that very briefly Here is mention of Liberty of Conscience but what Conscience is or what that Liberty is is not declared For Conscience it is called sometimes the Mind sometimes the Vnderstanding sometimes Opinion sometimes described by the Liberty of Thinking sometimes termed an Imperious Faculty which things without much discourse and more words than I can now afford to use are not reconcilable amongst themselves Besides Liberty is no proper●Affection of the Mind or Understanding Though I acknowledge the mind and its Actings to be naturally free from outward Compulsion or Coaction yet it is capable of such a Determination from the things proposed unto it and the manner of their proposal as to make necessary the Elicitation of its Acts. It cannot but judge that two and three make five It is the will that is the proper seat of Liberty and what some suppose to be the ultimate determination of the practical understanding is indeed an Act of the Will It is so if you speak of Liberty naturally and morally and not of state and condition which are here confounded But suppose what you will to be Conscience it is Moral Actions or Duties that are here supposed to be the Object of its actings Now what are or can be the thoughts or actings of the Mind of Man about moral Actions but about their Vertue or their Vice their moral good or evil nor is a conclusion of what is a mans own duty in reference to the practice of them possibly to be separated from them That then which is here asserted is That a man may think judge or conceive such or such a thing to be his Duty and yet have thereby no Obligation put upon him to perform it for Conscience we are informed hath nothing to do beyond the inward thoughts of mens minds To state this matter a little more clearly let us take Conscience in the most usual Acceptation of it and that which answers the experience of every man that ever looks into the Affairs and Concerns within and so it is The practical judgment that men make of themselves and of their Actions or what they are to do and what they are not to do what they have done or what they have omitted with reference unto the Judgement of God at present declared in their own hearts and in his word and to be fully executed at the last day For we speak of Conscience as it is amongst Christians who acknowledge the Word of God and that for a double end First as the Rule of Conscience it self Secondly as the Declaration of the Will of God as to his Approbation or Rejecting of what we do or omit Suppose then that a man make a judgment in his Conscience regulated by the Word of God and with respect unto the judgement of God concerning him that such and such a thing is a duty and whose performance is required of him I desire to know whether any obligation be upon him from thence to act accordingly It is answered that the Territory of Conscience is confined unto mens thoughts judgements and perswasions and these are free yea no doubt but for outward actions there is no remedy but they must be subject to the Cognizance of humane Laws pag. 9. Who ever doubted of it He that would have men so have Liberty from outward Actions as not to have those Actions cognoscible by the civil power as to the end of publick Tranquility but to have their whole station firmed absolutely in the world upon the plea of Conscience would no doubt lay a foundation for
a Priviledge that includes a specialty in it Every man cannot but think what he thinks and judge what he judgeth and that when he doth so whether he will or no for every thing when it is and as it is is necessary In the use of what means they please to guide direct and determine their thoughts their Liberty doth consist This is equal in all and natural unto all Now this inward freedom of our Judgements is it seems our Christian Liberty consistent with any impositions upon men in the exercise of the Worship of God with an Obligation on Conscience unto their use and practice A Liberty indeed of no value but a meer Aggravation of bondage And these things are further discoursed Sect. 3. pag. 95. wherein we are told That this prerogative of our Christian Liberty is not so much any new favour granted in the Gospel as the Restauration of the mind of man to its natural priviledge by exempting us from the yoke of the Ceremonial Lam whereby things in themselves indifferent were tyed upon the Conscience with as indispensable an obligation as the Rule of Essential Goodness and Equitys during the whole period of Mosaick Dispensation which being corrected by the Gospel those indifferent things that have been made necessary by a Divine positive command returned to their own nature to be used or omitted only as occasion should direct It is true that a good part of our Christian Liberty consists in our deliverance from the yoke of Mosaical Institutions but that this is not so much a new favour granted in the Gospel as the Restauration of the mind of man to its natural priviledge is an insertion that runs parallel with many others in this discourse This Priviledge as all others of the Gospel are is spiritual and its outward concerns and exercise are of no value where the mind is not spiritually made free by Christ. And it is uncertain what is meant by the Restauration of the mind to its natural priviledge If the priviledge of the mind in its condition of natural purity is intended as it was before the entrance of sin it is false If any priviledge the mind of man in its corrupt depraved condition is capable of be designed it is no less untrue In things of this nature the mind in that condition is in bondage and not capable of any Liberty for it is a thing ridiculous to confound the meer natural Liberty of our wills which is an affection inseparable from that faculty with a moral or spiritual Liberty of mind relating unto God and his Worship But this whole Paragraph runs upon no small mistake namely that the yoke of Mosaical Institutions consisted in their Imposition on the minds and judgments of men with an opinion of the antecedent necessity of them For although the words recited things in themselves indifferent were tyed upon the Conscience with as indispensable an obligation as the rules of essential goodness and equity may be restrained to their use exercise and observation yet the Conclusion of it that whatever our Superiours impose upon us whether in matters of Religious Worship or any other Duties of morality there neither is nor can be any intrenchment upon our Christian Liberty provided it be not imposed with an Opinion of Antecedent necessity of the thing it self with the whole scope of the Argument insisted on makes it evident to be the sense intended But this is wide enough from the mark the Jews were never obliged to judge the whole Systeme of their Legal institutions to be any way necessary antecedent unto their Institution and Appointment nor were they obliged to judge their intrincsik nature changed by their institution only they knew they were obliged to their constant and indispensable practice as parts of the Worship of God instituted and commanded by him who hath the supream Authority over their Souls and Consciences There was indeed a bondage frame of Spirit upon them in all things especially in their whole Worship of God as the Apostle Paul several times declares But this is a thing of another Nature though our delivery from it be also a part of Christian Liberty This was no part of their inward no more than their outward bondage that they should think believe judge or esteem the things themselves enjoyned them to be absolutely of any other nature than they were Had they been obliged unto any such judgement of things they had been obliged to deceive themselves or to be deceived But by the absolute Authority of God they were indispensibly bound in Conscience to the actual observance and continual use of such a number of Ceremonies Carnal Ordinances and outward Observances as being things in themselves low and mean called by the Apostle Beggerly Elements and enjoyned with so great strictness and under so severe penalties many of them of Excision or Extermination from among the people as became an intolerable and insupportable yoke unto them Neither doth the Apostle Peter dispute about a judgement of their nature but the necessity of their Observation when he calls them a yoke which neither they nor their Fathers were able to bear Acts 15. 10. And when St. Paul gives a charge to Believers to stand fast in the Liberty wherewith Christ hath made them fres it is with respect unto the outward Observation of Mosaical Rites as by him instituted and not as to any inward judgment of their minds concerning their Nature antecedent unto that institution His whole disputation on that subject respects only mens practice with regard unto an Authoritative Obligation thereunto which he pleaded to be now expired and removed And if this Christian Liberty which he built and proceeded upon be of force to free not our minds from the judgement that they had before of things in themselves but our persons from the necessary practice and observance of things instituted of God however antecedently indifferent in themselves I think it is at least of equal efficacy to exempt us from the necessary practice of things imposed on us in the Worship of God by men For setting aside the Inequality of the Imposing Authority which casts the Advantage on the other side for these Legal Institutions were imposed on the Church by God himself those now intended are such matters as our Superiours of themselves impose on us in Religious Worship the case is absolutely the same for as God did not give the Law of Commandment's contained in Ordinances unto the Jews from the Goodness of things required therein antecedent to His Command which should make them necessary to be practised by them for their Good but did it of His own Soveraign Arbitrary Will and Pleasure so He obliged not the people themselves unto any other judgement of them but that they were necessarily to be observed and setting aside the consideration of his Command they were things in their own nature altogether indifferent so is it in the present case It is pleaded that there is no Imposition
here pretended is that God in his Goodness Love and Care towards his Church hath determined all things that are needful i● or to his Worship and about what is not needful men if they please may contend but it will be to no great purpose The other part of the Objection which he proposeth to himself is laid down by him in these words If Jesus Christ hath not determined all particular Rites and Circumstances of Religion he hath discharged his Office with less wisdom and fidelity than Moses who ordered every thing appertaining to the Worship of God even as far as the pint or nails of the Tabernacle And hereunto in particular he returns in answer not one word but only ranks it amongst idle and impertinent reasonings And I dare say he wants not reasons for his silence whether they be pertinent or no I know not For setting aside the advantage that it is possible he aimed to make in the manner and terms of the proposal of this Objection to his Sentiments and it will appear that he hath not much to offer for its removal We dispute not about the Rites and Circumstances of Religion which are termes ambiguous and as hath been declared may be variously interpreted no more than we do about the nails of the Tabernacle wherein there were none at all But it is about the Worship of God and what is necessary thereunto The ordering hereof that is of the House of God and all things belonging thereunto was committed to Jesus Christ as a Son over his own house Heb. 3. 3 4 5. In the discharge of his trust herein he was faithful as was Moses who received that testimony from God that he was faithful in all his house upon his ordering all things in the Worship of God as he commanded him without adding any thing of his own thereunto or leaving any thing uninstituted or undetermined which was to be of use therein From the faithfulness of Christ therefore in and over the house of God as it is compared with the faithfulness of Moses it may be concluded I think that he ordered all things for the Worship of God in the Churches of the New Testament as far as Moses did in and for the Church of the old and more is not contended for And it will be made appear that his Commission in this matter was as extensive as that of Moses at the least or he could not in that trust and the discharge of it have that preheminence above him which in th● place is ascribed unto him Section 7. An account is given of th● great variety of circumstances which do a●tend all humane actions whence it is in possible that they should be all determine by Divine Prescription The same we sa● also but add withal that if men woul● leave these circumstance free under t●● conduct of common prudence in the in●stituted Worship of God as they are com●pelled so to do in the performance of Mo●ral Duties and as he himself hath le●● them free it would be as convenient fo● the Reasons and Consciences of men an attempt to the contrary Thus we hav● an instance given us by our Author in th● Moral Duty of Charity which is command●ed us of God himself but the times sea●sons manner objects measures of it are le●● free to be determined by humane pru●dence upon emergencies and occasions It may be now enquired whether th● Magistrate or any other can determine those circumstances by a Law and whether they are not as by God so by al● wise men left free under the conduct of their Reason and Conscience who are obliged to the duty it self by the command of God And why may not the same Rule and Order be observed with respect to the circumstances that attend the performance of the duties of instituted Worship Besides there are general circumstances that are capable of a determination such are time and place as naturally considered without such Adjuncts as might give them a moral consideration or render them good or evil these the Magistrate may determine But for particular circumstances attending individual actions they will hardly be regulated by a standing Law But none of these things have the least interest in our debate To add things necessarily to be observed in the Worship of God no way naturally related unto the actions wherewith prescribed Worship is to be performed and then to call them circumstances thereof erects a notion of things which nothing but interest can digest and concoct His eighth Section is unanswerable It contains such a strenuous reviling of the Puritans and contemptuous reproaches of their Writings with such Encomi●ms of their Adversaries as there is no dealing with it And so I leave it And so likewise I do his ninth wherein as he saith he upbraids the men of his contest with their shameful overthrows and dares them to look those enemies in the face that have so lamentably cowed them by so many absolute triumphs and victories Which kind of juvenile exultations on feigned suppositions will I suppose in due time receive an allay from his own more advised thoughts and considerations The instance wherewith he countenaunceth himself in his triumphant Acclamations unto the victory of his party is the Book of Mr. Hooker and its being unanswered Concerning which I shall only say that as I wish the same moderation ingenuity and learning unto all that engage in the same cause with him in these dayes so if this Author will mind us of any one Argument in his longsome Discourse not already frequently answered and that in Print long ago that it shall have its due consideration But this kind of Discourses it may be on second thoughts will be esteemed not so comely And I can mind him of those who boast as highly of some Champions of their own against all Protestants as he can do of any Patron of those Opinions which he contendeth for But it doth not alwayes fall out that those who have the most outward advantages and greatest leisure have the best cause and abilities to mannage it The next Sections treat concerning Superstition Will-worship and Popery which as he faith having been charged by some on the Church unduly he retorts the crime of them upon the Authors of that charge I love not to strive nor will I contend about words that may have various significations fixed on them It is about things that we differ That which is evil is so however you call it and whether you can give it any special name or no. That which is good will still be so call it what and how men please The giving of a bad or odious name to any thing doth not make it self to be bad or odious The managing therefore of those Appellations either as to their charge or recharge I am no way concerned in When it is proved that men believe teach or practise otherwise than in duty to God they ought to do then they do evil and when they obey his