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A79437 The Catholick hierarchie: or, The divine right of a sacred dominion in church and conscience truly stated, asserted, and pleaded. Chauncy, Isaac, 1632-1712. 1681 (1681) Wing C3745A; ESTC R223560 138,488 160

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spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
But it 's not all kinde of Intelligence but some only in particular 1. Not a Theoretick Knowledge but a Practick and therefore always referring to some Action or Omission And 2. It is not referred to another mans affairs but his own whose it is And lastly it is not a mere apprehension or suspicion but a knowledge always at least of the fact and often determines by the Rule known of the Legality of the fact and so passeth Judgment and thence is called Judicium but sometimes Conscience is doubtful here and thence it is called a weak doubtful and scrupulous Conscience § 4. It may be therefore thus described Conscientia est modus Intellectus Judicialis practicus Conscience is the Vnderstandings Judicial manner of proceeding concerning our selves and actions A man in Conscience as God's Substitute or Deputy sits in Judgment upon himself first inquires as Jury of the matter of fact whereof according to Self-evidence he is found Guilty or Not-guilty and according to the Law manifested is acquitted or condemned This Judgment of Conscience may be considered in the power and act a man may have a Conscience-power which doth not exert and put forth act as a Man in Infancy or in Sleep Ergo it may be called Potestas intellectiva Intellectual Power reducible into act Again Intellectual Power is either Intuitiva vel ratiocinativa that is the intuitive which is the Vision or Understanding of a Truth Axiomatically or in the Abstract Ratiocinativa which is looking on several Truths compared together and one Truth being laid by another by way of Collation produceth a third Truth which we call a Conclusion or Inference The first and general truth that comes to the knowledge is the Law of God which is brought to us by the light of Nature or by the Word of God which way soever it comes it 's enough to give it a throne in Conscience that it be certainly known to be God's Law Nextly that our actions are laid by this Rule or brought before this Judgment-seat which two being solemnly brought together a third necessary Truth or Judgment according to truth doth result and is accordingly pronounced the certainty of which depends on the certainty of the Premises or at least the exact and just comparing them together The Understanding thus behaving it self puts on the nature of actual Conscience or Conscience in act bringing the habitual or potential Conscience into acts in this manner either concerning a mans state or actions Concerning a mans state The Soul that sins shall die I have sinned Ergo. Or concerning his particular actions He that committeth Idolatry or Adultery c. breaketh God's Law but I have committed such and such an act which is so Ergo § 5. Hence Conscience ruled by Christ's Prerogative is the practical reasoning Vnderstanding or Modus intellectus practicus in man whereby a judgment may be passed concerning a mans self by himself according to his apprehension of the revealed Judgment and Will of God its divine Authority that rules in mans Heart as to the approbation or condemnation of himself or actions The Conscience of the very blinde Heathens admit of no other power to acquit or condemn in this kind but either the convincing light of the moral Law written in them or some supposed false Divine light which by reason of the blindness of their Hearts seduceth them to false Worship and Idolatry § 6. The method of Conscience his acting is thus first there is the general undoubted truth known or assented to as such and it 's either that which is really so or supposedly so only and not so really if it be the latter it 's the main foundation of an erring Conscience It is the prospect of some apprehended Divine Truth or other Moral Levitical or Evangelical which obligeth us to acts of Obedience and this law-Law-obligation laid by God on man is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the Proposition of a practical Syllogisme made by Conscience 2. There is the Application of this Truth to our selves either as to our state or particular actions according to our own knowledge together with God's to judge of our Conformity or Non-conformity to the said law-Law-obligation and therefore concerning the goodness or evil of our Actions and here we take the Candle of the Lord in our hands to search out and examine our condition and actions in relation to good or evil and herein doth the chief nature of Conscience consist because it 's a submitting ourselves and actions to the judgment of God's Law and is therefore the Assumption of this practical Syllogisme and is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and is an Index Record Testimony Witness 3. There is the Crisis Inference or Conclusion necessarily deduced from the Premises and this is called the Judgment passed upon our state or actions Thus we have the whole Syllogisme which the understanding makes in this way of acting The Proposition is de Jure the Assumption de Facto the Conclusion is either a justification of person or action or it 's a condemnation of any of them found guilty § 7. The Synteresis is the light of Truth contained in the Law N●eticè recepta sive practicum Axioma cum assensu intellectivo perceptum A light received into the understanding with assent thereunto or acknowledgment thereof as such A Law may be understood as to the matter of it but not believed as a Truth it may be known as a Truth but not owned as a Law yea it may be acknowledged as a Law but not yielded to as divine and authoritative enough to binde to Obedience yea it may be owned as a Law of God binding some people and at some times but not ourselves or at all times But unless the Truth taken for a Law be thus circumstantiated and so received by us it hath not force enough upon Conscience as a Law binding to Obedience So that Synteresis differs but ratione from the Law itself for it is the Law of God understood and yielded to as obliging unto practice and it 's not only the Law in its Letter and first Principles in its Original positive nature but in its aptitude to particular Cases and in its just Inferences and Consequences deducible from generals thereof all practical Truths pleading Divine Authority justly obliging us to belief § 8. That which stirs up the Understanding to compare Conditions and Actions with the divine Law in the assumption by a practical enquiry is a certain obligation which this Law-light hath the Heart of man under that it doth by a kinde of natural instinct act in the manner above-rehearsed which obligation is a necessity laid on the Understanding of owning and assenting to every known Law of God and thereby to make a practical disquisition and judgment accordingly The reason of this obligation lieth much in the necessity of the object And first the natural inclination the Understanding hath to every known truth as such but this is not
to the manifested will and intendment of the Law-giver Therefore the power of Execution is always a secundary and derived Power in respect of the Power of Legislation because it supposeth a Law made and the will of the Law-giver to put it in practice which Will is the ground of Execution but is not actually begun till the promulgation and a positive injunction binding unto practice and is compleated either in performing acts of obedience and receiving the Law-encouragements this is chiefly on the part of the Subject or in case of disobedience by executing the vindicative part of the Law which belongs to the substituted Executioners to do and the Subject to submit unto So that all Laws are satisfied in obedience and giving the stated reward thereunto which satisfaction Ergo partly depends on the Subject partly on the Ruler executing or they are dissatisfied in disobedience therefore righting themselves in executing the minatory part on Offenders Hence all Laws are capable of being satisfied or fulfilled as to their whole intent and purpose one of these ways in Active or Passive Obedience on the part of the Subject and the faithful discharge of the executive Power by Governours in the due distribution of rewards and punishments § 10. Hence Executive Power is Obediential or Judicial Obediential is an executive ability in the Subject bound for by his obedience unto the Law he executes and fulfills the will of the Law-giver most properly as to the first intentions for the first end of the Law and designe of its Maker is actual Obedience and both in the Command and Penalty annexed And in this sence the meanest Subject doth put in execution the Law of his Soverain at l●●st in administration of commutative Justice towards the Magistrate in rendring him his own as well as towards his Fellow-subjects in doing justice to them § 11. Judicial executive Power is when the Law-giver or his Substitutes judging of Obedience or Disobedience as to matter of fact do judicially determine the same by and according to the true intent and meaning of the Law and finding Obedience distribute the due rewards and encouragements thereunto and judging of Disobedience omissive or commissive do inflict all penalties in such cases by the Law provided The faithful discharge of which Trust belongs to Governours and is rightly called Distributive Justice CHAP. III. Of Christ's immediate Legislative Power § 1. THough Christ be King of Kings and Lord of Lords in respect of all the Rulers and Principalities in the world visible and invisible yet there is a special Dominion reserved to himself as peculiar in many respects so in this that he hath not committed the management thereof to others in juridical affairs in two respects viz. in Legislation and in Deputation of executive Ministers This is a Diamond in the Crown of his Prerogative as Mediator and sole head of Conscience and Church which he purchased and cleansed with his Blood § 2. That unlimited Supream Power which is every where ascribed to God is Christ's not onely as God the second person in the God-head but as Mediator God-man constituted by the Father Head over the Church and over all things to the Church see Ephes 1.21 22. Matth. 28 c. Ergo he exerts this power not onely as Creator but as Mediator and as such a Legislative power belongs to him not onely properly and primarily as being the political Head of his Church but secundarily for its sake he exerts such a Power over all Societies in the world and having this supream Legislation in his hands he can make what Laws he please and substitute others to what Law-making-power he pleaseth to entrust them with or determine how far in that kinde they may act at their discretion or arbitrement So that Christ rules his Kingdomes either by his own immediate Legislative administration or mediately by inferiour limited Law-givers he rules by himself or by others § 3. His immediate rule is especially to be considered as more General or more Special as he is Creator or as he is Redeemer God as Creator of all natural Agents he onely can command his Creature what it must do in order to those ends for which it was created and this government of natural Agents is in a sense of a Spiritual nature proceeding in a spiritual manner from a glorious Spirit for spiritual ends viz. the glory of Gods Soverainty Power Wisdom Goodness c. all the Creation praising him and ascribing Glory and Honour unto the Lamb which Glory is subordinated to that which shines forth more resplendidly in his Church and he disposing all things in order to his advancement therein to the highest honour and dignity this Government of Christ may be said to be a spiritual Rule and Government § 4. This General Government may be consider'd as he rules intelligible or non-intelligible Creatures these he rules by the Instincts of Nature which may be and are called his Statutes and Ordinances which are no other than the impression of the Will of him that made them As in a Watch or any piece of curious Mechanism the minde of the Workman is plainly read in all the parts thereof He ruleth intelligible natural Agents such as Angels and Men by higher Laws What the Law of Angels is we shall not discuss now nor determine but that they are Govern'd by a Law I doubt not but may be proved both from the sin of them that fell and otherwise for where there is no Law there is no Transgression The Law ruling Men as rational Agents is a Law of Manners ruling all humane motions that are cum electione for some natural motions in man are per necessitatem Naturae as the running of the Blood in the Veins c. but these are under the Gubernation of natural Instinct And as God fastens his Law of Nature by instinct on the unintelligible Agents so on Agents per electionem he fixeth his Moral Law by Natural Conscience which is a kinde of rational moral Instinct whereby the very Gentiles that have not the written Law are in a great measure convinced of the nature of it and their Duty in obedience thereunto Rom. 2.13 14. and in this sence he enlightneth every man that cometh into the world Joh. 1. and from this Law of moral Light closing with natural Conscience ariseth accusation or excusation according to the obedience or disobedience yielded thereto whereby Christ in a manner rules in all men at least laying a claim to his right of Dominion so much disowned and rejected by the prevailing Law of sin and this may be ascribed to Christs spiritual rule it being his peculiar Prerogative to govern in Conscience and notwithstanding sins rebellion in all natural men yet Christ there retains his seat of Judicature and as he judgeth and condemneth now so he will by the same Law prove them unexcusable at the last day § 5. The more special immediate jurisdiction of Christ is his most proper
all for truth that obligeth to credence from the evidence of it obligeth not to Practice and Obedience having not a sufficient authority from whence it comes or not laying on us a necessity of obeying and therefore it must binde as a Law-truth challenging its ends by promises of rewards or threats of punishment Again 't is from a principle of self-love and preservation Seeing our selves liable to a Law and such a Law that can do us good or hurt we are bound by this first principle of nature to make an impartial enquiry into our conformity that we may be satisfied of our own safety and danger every one being desirous in this case to know the worst of himself Moreover seeing that all Law that bindes is backed with sufficient power to put it into vigorous and impartial execution and that which prevails so much with Conscience is the Law-givers absolute power to save and destroy He can punish the whole man Body and Soul which no humane Power can So that the Penalty being great and the power of the Law-giver infinite it must needs lay the Conscience under a very strict bond of enquiry Likewise if we consider that 't is not onely a sufficient power for Execution but an unlimited power of law-making wherein his Soverainty doth chiefly consist which Soverainty as it is most supream so it is most just and good and therefore this obligeth because God can make what Law he will and he cannot will to make any Law that is not fit for his Creature to obey Hence his Laws have always a necessary innate goodness in them because they flow from him who is primarily absolutely and independently good Ergo must be cannot but be holy just and good Laws Wherefore the impression of the goodness of a Divine Law is firmly fixed on mans natural Conscience however corruption may attempt the blotting it out it cannot totally do it but those who are renewed by Grace must needs see anotherguess lustre in it seeing not onely Divine goodness stamped on God's Law but Gospel-goodness Not onely the suitableness of his Commands to his Creature but to a sinner viz. the love of God so evidenced in giving and requiring his Law in such a way of Grace and compassion that it engageth them in the highest measure to Obedience yea new Obedience and their Consciences to a diligent and narrow disquisition thereof accordingly Lastly there is an innate reverence unto Divinity which the Creator hath placed in the Heart of man whereby the Law of God hath more command than any Laws in the world besides because there can be no greater distance than between the Creator and the Creature and Creation or giving us being is such an obligation as none but a Creator can lay upon the Creature and consequently our greatest good either in being or well-being is certainly hazzarded by the displeasure of our Creator Thus much of the practical propositions of Conscience from which of necessity follows the particular Conclusion as hath been said § 9. It remains to speak something of the diversities of Conscience which admits of no difference from Divine Law simply considered but from the Information or Illumination which the Understanding receives more or less therefrom The less enlightned Conscience is either the mere natural Conscience illuminated onely by the Light of Nature without a written Law such as the Apostle speaks of Rom. 2. Or the legal Conscience though enlightned by the written Law yet tasting nothing of Gospel-freedom and delivery by Jesus Christ and therefore in bondage to Moses and not yet subjected to the mediatorly Authority of Christ in Justification Sanctification or rules of spiritual walk The more enlightned Conscience is that which hath received Gospel-light and subjected thereunto from a true sence of the love of God in Christ hath submitted his self and ways to the guidance and conduct thereof in his whole progress to Life and Salvation The Conscience admits also of Magis Minus the more evangelically enlightned Conscience is that which is firmly ratified and confirmed in Gospel-truths and a due application thereof by Faith for comfort and practice and this is a firm stable Conscience and of such an one is rightly said that he is a strong Christian one that is rightly informed in his Duties and Priviledges by the Law of Christ The less Evangelically-enlightned Conscience is one that hath but a small information in the Minde and Will of Christ hath a sincere faith but little knowledge is not so well acquainted with the rules of Gospel-obedience nor with his Priviledges purchased by Jesus Christ and hence ariseth a doubting and scrupulous Conscience a doubting Conscience or Opinans is in respect chiefly of the will and minde of Christ is not fully resolved concerning it and therefore at best acts but from Opinion is unsetled and unresolved whether the Light directs him this way or that way and therefore is unstable in all such ways is not carried on with a Plerophory and full resolution to persist and this may be according to some Truths and Duties but not according to others A Christian may be strong in respect of some Truths but weak in respect of others so that the same Conscience may be strong or weak as it is clearly informed in some things and darkly in others yea it may be weak at one time and strong at another as it receives more or less Light A scrupulous Conscience is chiefly in respect of action concerning which he is needlesly and frivolously doubtful and therefore fearful and starting upon all occasions § 10. Thus far of the differences of Conscience taken from Synteresis briefly a few words of its differences also from Syneidesis Conscience may be distinguished from Syneidesis into a good or a bad Conscience The good Conscience is that which makes a diligent just and impartial enquiry into our condition and actions by a due application of them to the Rule or Law-light received by us An evil Conscience is such an one as from its enslavery to a lust doth not perform its duty aright towards the Law of God or ourselves but is either sloathful and will not take pains to search and examine our Hearts and ways Or it is partial and will be more strict in some respects and less in others of the same weight and concernment Or it is fallacious and deals not plainly and fully concerning the matter of fact but mincingly and equivocally feigning it to be better than it is in substance or circumstance or 't is stupid and blockish not valuing the weight of the Law or inspecting the nature of the Action It may be also troublesomely evil as well as negligently c. when it brings in too aggravating a Testimony in accusing beyond the nature of the Transgression representing the matter of fact more hainous and heavy than it ought to be represented Such a Conscience may be Honestè bona but Molestè mala § 11. Lastly we distinguish Conscience
from the Crisis or Conclusion and 't is either just or unjust Just when it denounceth Sentence according to the true intent of the Law and the true nature of the Fact whereby it proves to be justly peaceable or justly troublesome and tormenting to us and when it acquits is pacatè bona Or it is Vnjust when the Sentence is pronounced otherwise than the premises do require and when it thus acquits it 's pacatè mala And when it thus condemns leading many to the very brink of Despair it is Iniquè crudeliter mala The former is often a bribed Conscience captivated and carried away with the favour of some base beloved Lust and Affection and a brutish blind heathenish Conscience Jud. 10.2 Pet. 2.12 Joh. 8.44 Or a judicially seared Conscience such as is spoken of 1 Tim. 4.10 If it be iniquè mala injuriously and cruelly evil it will condemn where Christ hath acquitted and this usually from too much embondagement to the Law which may be for a time in Saints and true Believers and is called the Spirit of bondage Rom. 8. A just peaceable Conscience makes a happy man A just tormenting or condemning Conscience makes a miserable man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Antiph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip. The greatest Pleasure he hath got That on his Conscience hath no spot What sore disease Orestes thee hath prest It 's wounded Conscience sure within thy brest CHAP. VI. Concerning the Dominion of Conscience THus far of the nature of Conscience next of the Dominion and Regiment who it is that hath the immediate Rule and Government of it I shall shew therefore that the Government of Conscience is the peculiar prerogative of God alone and that 't is Usurpation for any to enter into that Jurisdiction and the highest presumption to attempt it it belonging to none other by right nor possible for any other to attain There being none able effectually to enjoyn Conscience to do its duty in making judicial trials of our persons and actions but God alone If at any time Satan or humane Authority set Conscience on work it 's in nomine Dei sub praetextu divinae Authoritatis And all humane Laws conscientiously obeyed are obeyed for the Lords sake such obedience being commanded of God § 2. That it's Gods onely Prerogative to rule in Conscience doth appear by many reasons 1. God onely knows the Heart and Conscience and therefore is onely able to give a Law to it and rule in it if the one be his prerogative above men and Angels the other must be also 2. It 's in Gods power onely to inflict punishment on Conscience in case of transgression Men may punish the outward man but cannot touch the inward man Conscience is not within the reach of his stroak and they pretend in vain to a power of Law-making who cannot execute it on the Subject for whom it is made 3. The Conscience is accountable to none but God it being his immediate Substitute in man he is Creator of it and he never subjected it to any Law but for his sake all sin as such is against God and no trangression of humane Law becomes morally a sin but by its relation some way or other to Gods Law by vertue of some of his general or particular Precepts or Commissions 4. There is nothing but the most universal or chiefest good or evil can oblige Conscience to Obedience or deter from Disobedience which none can make us partakers of or sufferers under but God alone Mens Stipitulations are never more than temporal Rewards and Punishments these Conscience doth not will not it 's not in the nature of it to stoop to them The concerns of Conscience are principally fixed on the Spiritual and Eternal Estate which none but the God of Spirits can bereave it of Again as God onely can lay down the first Rules of Truth and Errour to the Understanding so he determines good and evil as a rule of the Will and limitation of man in his Election suitable to the nature of a free Agent having an arbitrary Power over the Arbitrium of mans will as well as over other things For as he hath created the Will so he hath determinated the Object that is most adequate to it and not onely in genere boni but in specie moralis boni Ergo God is the proper and immediate Ruler of the Understanding and Will of man in genere morali Likewise no trangression of the Laws of man brings any truely-enlightned Conscience under guilt without consulting the Minde and Will of God A Childes not doing a Parents command is not a sin as such neither will it lay the Conscience under guilt any farther than it is a transgression of Gods Law i. e. disobedience to them in those things that God hath enjoyned obedience in Childrens obedience to Parents is in the Lord so Subjects to Magistates for both Parents and Magistrates do sometimes command such things that it 's a virtue and not a vice in Children or Subjects not to obey so that their refusal be accompanied with all submission reverence and modesty towards their Superiours No man hath a moral Legislative power over another but all men in respect of moral Laws at least fundamentally understood are liable and subject to the same King and Governour and to his Tribunal will every Conscience appeal before it will lie under true guilt whatever the judgement of man is And though men may torment or kill the outward man and vex the Spirits because of temporal Sufferings yet the Conscience will stand or fall onely by the Judgement of God I may adde also upon what authority we receive a truth of a Spiritual nature so as to believe it by the same authority onely shall we suffer if we disobey it but Conscience believes no spiritual truth but upon Gods authority Ergo it's by his authority onely that we shall suffer in Conscience and this is the reason that when men would impose their usurpations they still bring a blinde along with them viz. a pretence to God's Authority Thus the Pope and his imitators in spiritual things as also Secular Powers will endeavour by casting a noose upon Conscience as it stands in relation unto God to make it serve their politick and carnal ends by tying men up by Oaths indefinite to all their lawless Laws and Constitutions in Church and State Lastly by the same authority and no other by which men shall be judged at last by the same is Conscience ruled now Those that shall be judged by the Light of Nature have God ruling and judging in them by the Light of Nature onely so those that shall be judged by the written Law and by the Gospel of Jesus Christ § 3. Now lest there should be any mistake of our true meaning about this Dominion of Conscience let us take notice of a few distinctions concerning Conscience Conscience is to be
if the Law be just and equitable a Christian is bound in Conscience to yield positive active obedience not onely for wrath i. e. fear of threat and punishment but for Conscience sake because the Law of God obligeth us to obedience to all the just Laws of men civil Government being his appointment as much as Oeconomical but it 's not mans Law that nextly and immediately bindes Conscience to obedience but Gods and mans Law bindes onely by vertue of and for the sake of Gods Hence a man that breaks the just Laws of man sins against God and eo nomine wrongs his Conscience As on the other hand he that obeys an unjust Law of man i. e. a Law no way warrantable by the revealed will of God breaks Gods Law and if his Conscience tell him so he sins against his Conscience which always aggravates any sin against God Hence if at any time he hath to do with any such Law he ought rather to run the hazard of mans displeasure than Gods God is to be obeyed rather than man if one must be disobeyed and obeying God indemnifies Conscience from the guilt of sin in our disobeying of man in the same act So if a Law of man lies before us which we doubt concerning the lawfulness of we are here at least to suspend active obedience while we seek for further information for whether the thing in it self be sin or no it 's not so much to us at present as whether we are satisfied of the nature of it and know what it is by the light of Truth shining in our Hearts it will amount to sin in us to do a doubtful action if the Apostles Doctrine be true But if the Precepts of men be found upon the best examination to be contrary to God's a Christian's Conscience is the most certainly disobliged his duty lies plain before him God's Law is to be observed and hence it is that some can joyfully suffer all wrongs from the hands of men in the case of refusal of active obedience unto their Laws because they are perswaded either from a truely-enlightned Conscience or from an erring which is binding as to present action for a man must walk by that light he hath or by none at all that such refusal of active Obedience and the sufferings of theirs is agreeable to the revealed minde of God and therefore most justifiable at God's and Man's Tribunal § 6. Here will fall in a great enquiry That although it be true that all Humane Power both Legislative and Executive be limited by a superiour Power yet there 's but few that have the felicity of keeping within prescribed bounds or having such Subjects that will not be excepting against the Laws of their Superiours as not agreable to God's Laws and this they will make the Plea for their disobedience Both Superiours and Inferiours will plead Conscience though never so unrighteously what should be done in this case Unto this Allegation many things may be said for it 's sufficiently known that though every Law primarily requires active Obedience yet upon a Transgression it is satisfied with the due execution of the Penalty but for the future expects active Obedience and a reiterated refusal of Obedience the Law looks upon as presumptuous and is really so if this continuation at enmity with the Law be voluntary and deliberate after sufficient Information and Conviction And if this refusal be conjoyn'd with resistance it is no better than Rebellion which we explode as unwarrantable for a Christian About Presumption we distinguish there is that which is really so and that which is onely called so by an unjust Law and mistaking Judge Persisting in refusal of obedience after conviction of our duty is presumption and a sin against God whoever the Law-maker is But if such persistance be justified by the light of God's Law in Conscience it is not a presumptuous sin or any sin at all against God however man may term it a presumptuous breach of his Law for a conscientious Christian can no more obey an unrighteous Law after suffering than before § 7. In all cases of voluntary deliberate refusal of active Obedience to a Law there is and must needs be a wrong done to the Law-giver or Subject To the Law-giver if his Power Law and Ends be good and they not answered for the first end of every Law is and ought to be active Obedience as beforesaid the Law of God first obliging us so to the just Laws of man and the end of the execution of punishment is for the reducing the sufferers to active Obedience and the exemplary restraint of others from Disobedience Hence it follows that a deliberate resolved and constant undergoing of Suffering in this way of refusal is a practical charging the Magistrate with the highest Usurpation and Tyranny in imposing Laws of that nature and therefore the greatest disparaging testimony born against his Law a great reputation in the judgement of the world to the Cause pleaded for let it be truth or errour and the most exemplary disappointment of the Magistrates Law-making ends whereby others are greatly emboldened to the same kind of refusal § 8. In all cases where Magistrates abuse their Power they do a wrong to the supream Judge in going beyond his Commission and intrenching on his Prerogative and do apparent injury to the Subject 1. In that an inferiour subordinate Law-giver hath bereaved him by a Law of those just Liberties and Priviledges granted to him by the Charter of his supream Law-giver 2. In afflicting and grieving his Subject by imposing an unjust Law and causing him to suffer by it when he pleads exemption by a Law in full force and a discharge from a higher Court and is praiseworthy for the said refusal not to be condemned no nor reproached as an evil doer or presumptuous for his permanency in non-obedience 3. In laying his Subject under a necessity of continued and reiterated sufferings he being obliged in Conscience or else to answer the default at a higher Tribunal constantly to persist in his refusal to yield such Obedience though he is to pass under renewed and reiterated penalties for a man to return to obedience after a deliberate suffering is a visible practical condemnation of himself for his former refusal which would greatly reflect on his honour both as a man or a Christian unless by the access of further light he findes his Conscience did erre and so be convinced of his duty then it becomes him both as a man and Christian to retract Humanum est errare beluinum in errore persistere § 9. Now seeing such inevitable wrong lights somewhere in cases of these deliberate refusals it will be enquired who or what must determine to the satisfaction of each party both standing highly on their Justification To which I answer An actual reconciliation is utterly impossible rebus sic stantibus because it will be as the greater overswaying earthly power will have it Deo
permittente on the commanding part his Will will carry it Sic volo Sic jubeo c. and the Subject is liable to errour on his part in Rashness Stubbornness Wilfulness Singularity c. But if both parties do notwithstanding all Imperfections and Frailties attending endeavour to approve themselves to the King of Kings there is a determination which to each party must satisfactorily binde and is thus manifest 1. Both are bound to the supream Law-giver the one to make just and equal Laws and righteously to distribute them the other to a free deliberate active obedience thereunto both or either of which failing in their duty shall be judged by the supream Law-giver according to the respective Laws whereby they are bound to the said duties 2. So long as darkness and corruption attends the mindes of men there will be different apprehensions concerning the Duties and Practices they are to walk in according to the degrees of Light received there will never be a perfect agreement neither is any one mans Conscience a Standard to another to walk by no further than there is a concurrent emanation of convincing light from the truth to both the Conscience of the Magistrate as such is no binding rule to the Subject neither ought the Conscience of the Subject to be swallowed up in the Magistrates and thereby seduced to an implicite Faith Every man is to see with his own Eyes to believe with his own Faith and act to the satisfaction of his own Conscience using all means for the right information of his own Minde and Understanding in the Will of God for his walking Whatever men say of a Publick Conscience and that commands of Superiours are enough to indemnifie Inferiours in all active Obedience thereto though the Laws be evil The Word of God knows no such thing neither will any man that is acquainted with conscientious walking in the approvement of himself to God in all his ways and actions ever give credence to any of those wilde assertions neither did I ever see any probable Argument produced to enforce those Sentiments on the mindes of rational men much less on such as have their Senses exercised in the knowledge of Truth 4. Hence it will follow that the present Conscience or practical Understanding impartially fixed must be the onely Expositor of Law and Duty by which every one is bound to walk in his respective place that God hath set him in whether Magistrate or Subject whether a man be in a publick or private capacity he is to be accountable to God for all his absolute and relative duties he shall not be judged for either of them by another mans Conscience The Spirit of a man is the Candle of the Lord c. to this determination must the Law-giver stand as to the righteousness or unrighteousness of his Law and the Subject as to his active or passive obedience And here we speak not by what measures Children in nonage and Fools are from infirmity of nature necessitated to walk but of such as have the due use of reason and understanding neither can it be helped if some men will surrender themselves and Consciences from slothfulness interest or flattery to be slaves to men they shall sufficiently smart for it here and severely answer for it hereafter But if any plead that men of Reason Vnderstanding Judgement and Conscience ought to quit and abandon all light and dominion of their own Consciences being inferiours and be at the disposition wholly of their Superiours this we say can have no ground in Nature Politicks or Beligion It 's just as if all Subjects were bound to pluck out their Eyes and see onely by their Governour 's A Childe is to obey his Parent but it is in the Lord he is not bound to obey him in unlawful things and so a Servant his Master If such obey their Superiours in such things as the Law of God makes unlawful in so doing they must needs disobey God Now it 's most absurd to think that Gods Law should require it 's own violation if this Command Children obey your Parents be taken without limitation and the Parent commands the Childe to commit Idolatry or to steal and the Childe by that Precept is bound to active Obedience then God's Law here overthrows it self for by yielding obedience to one Precept another is necessarily broken We have Joseph's practice and Scriptural commands to justifie us in this Assertion § 10. Moreover if Conscience is to determine after the best information that we can have between God and us as to our present practice much more it 's to determine in case of difference between subordinate Law-givers and us Though there is a difference in the determination i. e. supposing it be God's Law his authority to make such a Law is not to be disputed by the Creature but the question or case of Conscience is usually of the meaning and extent of his Law as to variety of practices referrable thereunto Whereas mans Law may be disputed whether he may de jure by vertue of his Commission from God make and enjoyn such a Law yet the Argument holds good that in case of doubt about Practice and Dispute between God and us if he requires us to be regulated by the verdict of Conscience enlightned from the Word then much more in such cases of dispute betwixt Man and us and although we may sin in obeying the dictates of an erring Conscience guided by the Word of God misunderstood yet that sin after our impartial endeavours for information appearing to us to be a Duty though it ceaseth not therefore to be a sin in its own nature it would be a greater sin in us to disobey the Dictate of the present supposedly enlightned Conscience because it must be ranked amongst the sins against Light and Conscience whereas now the Act is but a sin of ignorance at worst Again God will at the last day judge according to the Verdict of Conscience rightly informed If our Conscience condemn us God is greater c. 1 Joh. Rom. 2. but if our present Conscience be erring either as to the meaning or nature of the Law or Fact and brings in an impartial Verdict according as it hath found upon its best information and enquiry but not true as after it appears according to Law or Fact its duty is to pass again and again upon the same inquisition till it speaks as it shall speak before Gods Tribunal So the last Verdict called present Conscience stands binding to us till by further light in the Law or Evidence concerning the Fact another be brought more agreeable to Law and Justice And if upon frequent and impartial search the same return be still made after earnest and sincere seeking of God to discover our errours it is a great confirmation unto us that it's truth that hath been spoken and that we should greatly sin against God to swerve from it what ever the Edicts and Precepts of men say
so therefore is to make a double reflexion on Christ First that his Laws are defective for the accomplishment of those ends for which they were established and that the liberty granted by Christ unto his Members in indifferent things hath too great a latitude to be consistent with that exact Gospel-worship which we should honour him by And if it be said that which Christ hath left Evangelically indifferent may be unlawful in respect of other Laws we say that all the true jus of other Laws must be founded on Christ's and his is precedaneous to them and therefore as in authority or practice it must take place before them Moreover we say that Christ hath not so ill establish'd Christian Liberty as that thereby we are licensed to violate any natural or civil bonds § 4. Argum. 3. That which by Christ's Authority hath left a Character impressed on Conscience cannot by any authority be abrogated without removal of the said Character but as the Laws so the Liberty by Gospel-Charter granted by Christ hath left such a Character impressed indelibly on Conscience as cannot be removed by any other Authority therefore Christian Liberty cannot be abrogated c. Ergo a religious Gospel-indifferency cannot be taken away or cease by the determination of mere humane Laws i. e. humane Laws that Christ never allowed man to make The Major is evident in that the revealed will of Christ when it shines into the Heart fixeth an indelible Character upon Conscience for positive obedience and also as to indifferent things for he that knows not one by the Law knows not the other nor can never tell when he sins and when he doth not and if any other could interpose and make a Law to binde Conscience sub reatu by new Laws or release it by new Liberties either to make additional Characters or delete Christ's Christian Religion would thereby become no other than an undigested heap of uncertainties and confusions It 's true Characters are sometimes removed from Conscience as in case of Justification of a sinner by Faith Rom. 8. So in case of an erring Conscience that supposeth this to be his duty which is not and that to be indifferent which is necessary all errour when entertained lays hold on Conscience Sub pretextu authoritatis Christi under pretence of Christ's Authority and so do all humane usurping Laws when they insinuate themselves into Conscience and when by a farther informing light the Errour is expell'd from the Judgement and Conscience the Authority of Christ still remains expelling the Errour which no humane Authority could do and confirming the Conscience in the truth maugre all the opposition of any humane power so that where Christ's Laws hath once prevailed so far as to fix his Authority there it was never known that whatever mens external practices or conformities were that ever any humane Power could blot out the Characters of Christ's Prerogative and fix another Supremacy there for that is but a vain Law in religious things that cannot binde the Conscience under guilt in case of transgression I shall never conscienciously observe that for my duty the omission of which doth not make me conscious of a Transgression As to the Minor that the liberty granted by Christ leaves a Character on Conscience as well as the Laws of Christ is manifest 1. Because Laws are the bounds of Liberty and one must be known and acted as well as the other as hath been said before 2. Because their liberty is not the will of Christ permissive onely but in some measure positive i. e. so far as that Christians should walk in it he having but two paths to walk in either of positively directed obedience or of Liberty under the judgement of discretion regulated by the rules of Expediency for either in matters of instituted Worship Christ hath by a manifestation of his will limited our Actions or hath left Churches and Christians in the Equilibrio of indifferency to poise themselves according to Conscience-Light as to respective differencies by discretion and where there is an equality to chuse pro arbitrio Again our assurance is not onely negative but positive that it is Christ's will that we should maintain our liberty in Religious things stand fast in that liberty c. Neither can any take it away without intruding on Conscience and entrenching on his Prerogative which for us to yield to were to betray his Crown and Scepter § 5. Argum. 4. Hence if such a Law be made it ought not to be made and ergo the thing retains its pristine nature That Law which directly puts a Christian on a necessity of sinning in obeying it ought not to be made but a Law that changeth Evangelical indifferencies into necessities doth directly put a Christian on a necessity of sinning if he obeys Ergo it ought not to be made That the Major may be universal I adde directly because many good Laws are occasions of sinning indirectly but when the Law requires such obedience which in the very substance of it is sin because the obedience directly aimed at is the formal reason of the Law such a Law must needs be sinful The Minor doth thus appear because such a Law bindes a man up in obedience to it in one part of the indifferency whereas that part of the indifferency according to Christ's rules of expediency may be unlawful to be done and then the humane Law and the said Gospel-rules contradict one another Expediencies altering daily as to attending circumstances at some times it 's lawful to do that thing which at another is more agreeable to the honour of Christ and the good of others to avoid As for Example the Apostle reckons eating this or that sort of meat sold in the Shambles as an indifferent thing if I make no question whether it be Jewishly unclean or Heathenishly sacrificed to Idols 1 Cor. 10.25 27. but if I am enforced by Law to eat this or that sort of meat in the Shambles which is sacrificed to Idols I am necessitated to sin 1. I offend my Brother that makes this Law confirming him in sin for the sake of whose Conscience I ought by the Apostles rule to forbear this act and therefore sin against all such as idolatrously eat this sacrificed meat For what can tell me more plainly than the Law that this or that meat by its attending circumstances is sacrificed to Idols Again to hear the Word of God in this or that publick place is an indifferency to hear it to my edification as near as possible is the Precept of Christ but if I am bound by a humane Law to hear always in my own Parish-church and thereby debarred of my liberty of hearing there where I can most profit and whereas the Parish-minister is ignorant prophane or erroneous whom to hear constantly must needs be sin to me I am certainly by this Law put upon a necessity of sinning in yielding active obedience unto it § 6. Argum. 5. That Indifferencies
Subordinate Churches 2. It is not in the capacity of any one or few Supreme Magistrates to convene an Oecumenical Council because no Magistrate can by any civil Authority much less by any Ecclesiastical of which he hath none call forth the Bishops of another Nation to such a Council Whereas an Oecumenical Pastor whose Authority reaches equally to all National Churches and to Magistrates as Members thereof may Authoritatively command the presence of any Reverend Father whatsoever and demand the consent of the Magistrate thereto under the pain of Church-censures and to permit his Bishops to assemble in or out of his Dominions whereas there is no one or more Supreme Magistrate hath any universal tye Ecclesiastical or Civil of other States and Dominions to his Jurisdiction so that they are necessitated under any Law to submit thereunto unless such which they have reduced unto Homage and Vassalage by dint of Sword or such as by voluntary Subjection have yielded themselves 3. Magistrates have not then a Power to call an Oecumenical Council when they please or if there were such an Emperour there never was or will be that could in respect of his civil power do so yet they have no Ecclesiastical power to do it authoritatively but onely by concurrence or consent whereas all Church-Assemblies are authoritatively to be called by the Officers of the said Church or else they cannot act so when called by Assembled unless we reduce Church-government unto a Democracy § 18. Obj. It may be also said that an Oecumenical Council may be convened by the consent of Patriarchs and Bishops among themselves Answ 1. This is no Authoritative way of assembling such as Bishops will always contend for but onely precarious 2. If they assemble this way either it must be no Council till all be agreed which may be long enough first or any few agreeing to assemble and give notice of such resolutions to others who are averse to such Proposals may gather together and call themselves an Oecumenical Council undertake to make Decrees determine matters of consequence and impose on the dissenting Churches And what dangerous consequence would this be of in the Church especially where Heretical Pastors abound as in the times of the Arrian Macedonian and Nestorian Heresies 3. If National Pastors may convene by consent to constitute an Oecumenical Council why may not Bishops and Archbishops convene by consent to make up a National Synod without the Authoritative Call of the Primate which will by no means be allowed 2ly and lastly By whose authority shall a Catholick Assembly have its Sanction if not by the Catholick Pastor for it 's not every Council that calls it self Oecumenical that can or may be allowed to be such neither ever was there or ever will be any so General that all the Pastors were assembled But it is in this as in all other Church-Assemblies if they be called by the Pastor and publick notice given to all the Members of the time and place the absence of some alters not the nature of it Ergo there should be an Oecumenical Pastor for these ends and purposes CHAP. XV. Of the Magistrates Power in matters of Religion § 1. THe power of Magistrates in matters of Religion hath been very much controverted and variously determined by men of Learning and Conscience I shall not fill up these sheets with transcribing other mens Sentiments I shall onely propound what seems to me to be agreeable to Scripture and Reason with as much perspicuity and brevity as I can There are three things for enquiry that will principally lie before us 1. Whether the Civil Magistrate may exercise a Legislative power in matters Evangelically indifferent 2. Whether in the execution of Ecclesiastical Justice the sword of the Magistrate may be used 3. What are the true bounds and limits of the Magistrates power in matters of Religion The first Question is thus to be understood Whether the Civil Magistrate may or can change things religiously indifferent into necessities by a competent Law i.e. by a Law binding Conscience primarily or secundarily by Christ's authority for we have shewed that no authority can reach Conscience so as to binde it or loose it but Christ's alone that being no competent Law that answers not the true nature of the obedience required which is always expected here to be conscientious All Christ's Laws flowing from his peculiar Legislative prerogative over his Church have an immediate influence on Conscience and do primarily binde as such All just humane Laws do secundarily binde Conscience i. e. not quatenus humane but they so far binde Conscience as men have derived such authority from the Lord Christ for the composing and enacting the said Laws Now if the Magistrate cannot make a Law in one of these kinds to binde Christians in matters indifferent he cannot do it by a competent Law § 2. Having thus explained the true meaning of our Enquiry we determine in the Negative and that for these following reasons Arg. 1. It 's Christs peculiar prerogative to be the Lawgiver to his Church i. e. to make such Laws as immediately concerns it He never gave this power to any or commissionated any to exercise a humane authority in this kind as hath been abundantly shewn He onely can do it 1. He is the onely Spiritual King there is no other mediate Spiritual King between him and his Church 2. He knows onely what is fit to be the matter of such a Law He knows onely which way he will be worshipped and no way can be acceptable to him but that which is of his immediate appointment it 's high presumption in any other to prescribe 3. It 's his Glory to reserve this to himself and he gives to Magistrates that power which they have it 's but reasonable he should reserve to himself what he pleaseth 4. If Magistrates can exercise any such power it must be by deputation from Christ If there be any such let them produce their Commission which cannot be pretended to in the New Testament and what is said of Magistrates power from the Old Testaments authority will easily be refuted if the particular cases be duely considered which I shall not now stay upon 5. If Christ hath given such a power to a Christian Magistrate it belongs to him as a Magistrate or as a Christian it doth not belong to him as a Civil Magistrate for then 1. As many sorts of Magistrates as the Church doth militate under so many sorts of Lawgivers in Spiritual things she should be subject to whether Christian Heretical Prophane or Heathenish and as the government of State alters in the Supream Magistracy so the Laws of the Church must according to the several interests and corrupt designes of the sons of men 2. The number and certainty of Ecclesiastical Laws could never be known for as he may make Laws he may repeal Laws where they are of the same kind So that there would be no certain standing Rule for the
are as liable to the Judicial proceedings of Magistrates as any others be but in these Evangelical parts of Worship annexed by Christ in substance or ceremony which distinguisheth the Oeconomy of the Church from that of the Commonweal here the Magistrate cannot execute by himself or depute another to administer the Executive part of Christ's Laws The reason is because all such Laws changing Indifferencies into Necessities in the Worship of God are of a Spiritual nature and Ecclesiastical and therefore must be executed spiritually in foro conscientiae or Ecclesiastically in foro Ecclesiae but he cannot do either of these for the first he cannot because Christ hath absolutely reserved Conscience to himself nor the latter because Execution in the Church is peculiar to the Officers of Christ as his Deputies and Officers of his own appointment § 6. Arg. 4. They that are not to make Laws for the terrour of them that do well are not to make such Laws as change Evangelical Indifferencies into Necessities at Ergo. The Minor is undeniable The Major appears thus to be true because to make such Laws is to terrifie Christians in the use not onely of their lawful liberty but also to shake them from their standing in that liberty that Christ hath purchased and commanded them to stand fast in besides the abridging them the free use of Christian discretion which is good from which they should not be terrified § 7. Arg. 5. The Magistrate cannot take away the Rights and Priviledges granted to the Church by Jesus Christ which he purchased for it c. by last Will and Testament bestowed and is his peoples right of Inheritance But the liberty of the use of the judgment of Discretion in matters of Indifferency is a great and valuable priviledge so granted and bestowed on his Church and People Now the Magistrate should be so far from bereaving the Church of these that 1. He is to maintain and defend the Church in the free use of its Liberties and to be as a Nursing Father to her therein 2. The Magistrate should be ready to punish the bereaving of the Church of her just Rights as Sacriledge which is robbing a Church a Sacred Body politick under the Civil Magistrates jurisdiction The Magistrate should be far from doing that action which he is to punish in another as Sacriledge and if a Christian's Liberty be a Sacred thing the taking of it away is Sacriledge That it is Sacred I prove thus That which is of sacred use and peculiarly related to the Worship of God and to the Members and Church of Christ as their Priviledge allotted to them by Christ's special procurement and appointment is Sacred and the taking it away is no better than Sacriledge As for other lawful Liberties common to them with others in Morals and Civils others may use them that are not related to the Gospel but a Christian Liberty is in things pertaining unto Christ and his ways of Worship and Service § 8. Arg. 6. He that can make those things necessary to the Worship of Christ which Christ hath onely made indifferent can make the Kingdom of Christ to consist in those things that he never did the Kingdom of God stands not in meats c. and the Kingdom of God stands in that which is necessary to it and if the Magistrate will make things necessary which Christ never did he goes about to make the Kingdom of God stand in that which Christ never did And this is a great usurpation of a power not belonging unto him for Christ never empowered the Magistrate to determine what his Kingdom should consist in and make it to consist in that which he never did § 9. Arg. 7. A Magistrate is not capable of exercising such a Coercive power as will make me believe in my conscience that to be necessary for the Worship of Christ which I am convinced that he hath left indifferent onely that Law for the Worship of Christ that lays no obligation on Conscience is of no concern therein Now Christ having bound Conscience by his Law as far as is necessary there is no room left for Man to come in with his Laws Whatever is Evangelically necessary to the Conscience of a Christian is so because he is convinced it is the Will of Christ that it should be necessary Now can the mere Coercive power of any one on Earth make a man believe that is not necessary which Christ hath made Conscience to submit to as necessary If so then may the same authority make a man believe that to be necessary which Christ hath made us believe not to be necessary but onely indifferent for as no Law of man can absolve a Christian from the conscientious observation of any one Law of Christ so no Law of Man can binde a Christian in Conscience to the practice of that in religious matters which Christ never bound him to but he will be still perswaded that Christ hath left it to him as an indifferency and it 's his duty to walk in it by discretion and that must be a Churches or Christian's own as the matter requires relating to a Community or private Person Obj. But the Magistrates Judgment can best determine of Expediency being greatest and wisest Ans In matters of that nature men may advise and the greater and wiser men are its likely the more forcible Arguments they may produce but there is no force to be in the case men are not to be forced by a Law to do that which is most expedient in the Worship of God For 1. the Magistrate may be mistaken and that which is expedient to him may not be to another 2. That which is expedient one time may not be another therefore in the doing Expediencies we are not to be determined to act always one way by a Law Object But the Magistrate may punish for not practising Answ None is to be punished for not practising what they believe unlawful CHAP. XVI Of the Vse of the Magistrates Sword in the Execution of Ecclestastical Justice § 1. THe Second Enquiry propounded about the Magistrates power is this Whether in the Execution of Ecclesiastical Justice the Sword of the Civil Magistrate may or ought to be used i. e. Whether for the punishing and reforming Offendors against Church-Laws the Magistrate may inflict such penalties on the outward Man as he and the Church shall agree upon as Pecuniary Mulcts Scourgings Imprisonments Confiscations yea death it self in some cases as in matters of Heresie and Seduction And to prevent mistakes we shall premise these things 1. That Church-Members offending Civil Laws may and ought to suffer the penalties thereof from the hands of Magistrates as such as stand subjected to them in a civil capacity equal with other Subjects 2. That a Church-Member as of the Church of England or any other may justly suffer for the same Offence from the Church and Civil Magistrate as for Drunkenness Swearing Fornication c. Moral
Indifferency which a weak Christian thinks according to his best light from Gods Word to be necessary than the other part which Authority lays a stress upon by a Law the reason is because I must chuse Suffering rather than indanger any Souls salvation in the least Now if I refuse active obedience to the Magistrate I onely run the hazard of suffering the penalty which it may be I can bear and comfort my self under but in case I wrong a Soul by my action I cannot free my self from sin and am an occasion of anothers too either of which are but especially both much heavier than the greatest suffering Lastly if I suffer the penalty of the Law I both fulfil the Law and save my Brother too § 2. Now these Obstacles being removed out of the way I proceed to determine the Question That in case any power Civil or Ecclesiastical shall presume so far as to enact Laws in the concerns of divine Worship so as to change Christian Indifferencies into Necessities that a Christian is bound to refuse active obedience thereto And I make good this Assertion by the following Arguments 1. To yield such obedience is to serve God according to the Will of Man but no Christian ought to serve God according to the Will of Man Ergo. The Major is true because it 's a serving God in such a way as is devised by man and to the obeyer is no other for he in his conscience believes so that it is not the Will of God The Minor is true because that is Will-Worship which is the product only of mans Will Gods Will being the onely Rule of Gods Worship and we must be sure of that Will in all matters of his Worship or else we bring vain Oblations unto him 2. The goodness determined by a humane Law for the sake of mans Will ought not to be preferred before the goodness of Expediency determined by a conscientious Christian for God's sake for such a goodness of Expediency is approved of by God and the contrary to it pro hic nunc is unlawful therefore from this closing with such goodness we are not to be deterred by any humane Law for an expediently necessary action according to the Will of God is to be of far more force with us than an action made absolutely necessary by the Will of man Yea it is to do a thing contrary to the Will of God to do that as necessary which God hath revealed his Will concerning that we should always do in a way of Indifferency and Expediency determinable by the judgment of discretion for to do things by way of Necessity and to do by way of Indifferency is to act by way of Contrariety and therefore to obey such Laws is to act contrary to the Will of God 3. To be brought under the power i. e. a necessity by a Law of any thing religiously indifferent is unlawful 1 Cor. 6.12 but to be brought to constant active obedience to mans Law commanding a necessary performance of an indifferent action is to be brought under the power of a thing i. e. into bondage i. e. under a Yoke which Christ never put us under Now Christ would not have us to make our selves slaves where he hath made us free 4. A Christian is to use his liberty purchased by Christ and to stand fast in it Ergo to practise it constantly notwithstanding all ensnaring and embondaging Laws of men and is bound to use his judgment in all his actions and where there is an Indifferency to chuse by the Rules of Expediency and not walk by an implicite Faith The wise mans eyes are in his head the fool walketh in darkness 5. Such active obedience is a betraying the Prerogative of Christ for if a Legislative power be Christ's Prerogative as hath been proved then the yielding active obedience to an usurping Law is the doing Homage to another Lawgiver in that kind and giving up the power of the Lord Jesus It 's like a Subjects introducing the power of a forreign Prince and doing all that lies in him to subvert that Law and Soveraignty to which he is naturally related and what can be greater Treason to any State 6. If a Christian here obey it must be for Christ's sake or Conscience sake Rom. 13. It cannot be for Christ's sake because it robs him of his Prerogative or betrays it neither can it be for Conscience sake to embondage it self where Christ hath left it free whatever tends to the captivity or slavery of Conscience is not for the good of Conscience for in this they are not Ministers to me for good for the Law tends not to my good in active obedience which if I see and yet yield I become a Minister of evil to my self 7. If it be a sin in the supream Powers to command and impose their said Laws it is a sin in a Christian to obey at Ergo. The consequence is manifest because the most formal reason of an evil Law is the evil obedience required The Minor hath been proved that such a Law is sin in Superiours to make but to confirm the consequence further to be a copartner with another in sin is sin but if the Magistrate command and I obey I am copartner with him A thing commanded can be evil but two ways either materially or circumstantially if it be materially evil there is no pretence for doing it whatever humane power command and if it be circumstantially it must be in the Commanders usurping a false power or there is some circumstantial relation pro hic nunc that makes it unlawful unto me or another It may be the thing may be materially lawful but under both these sorts of circumstances it may be unlawful as that I give away hereby Christ's Prerogative I rob my self of the use of my judgment of discretion by which every Christian is to walk and I it may be offend my brother I do not say a man may never do that part of the Indifferency that is commanded by a humane Law a Christian hath the use of his liberty as well after as before a humane Law and he is to walk by the Rule of Expediency still When he finds it most for Gods glory and his or anothers edification he may take that part of the Indifferency which is commanded sed non ratione praecepti humani but from that Expedient or convenient Goodness which pro hic nunc he finds in it But that obedience which we here declare against is the doing it as a duty constantly or conscientiously sub paenâ reatus by virtue of such a Law 8. A Christian cannot yield the aforesaid obedience but he must offer violence to his Conscience i. e. practically to contradict the dictates and light thereof for every moral action must be approved or reprobated thereby But he must needs know that that which is not commanded or approved by Christ as indifferent things are though not commanded by him
Legislative Power Chap. 5. Concerning the nature of Conscience Chap. 6. Concerning the dominion of Conscience Chap. 7. Of the strong and weak Christian Chap. 8. Of Scandals and their natures Chap. 9. Of Necessities and Indifferencies Chap. 10. Certain Propositions concerning Necessities and Indifferencies Chap. 11. Of Christian Liberty Chap. 12. The first Question handled about things indifferent Chap. 13. Of the Power of the Church in things indifferent Chap. 14. A Digression concerning Subordination of Pastors in the Church Chap. 15. Of Magistrates power in matters of Religion Chap. 16. Of the use of the Magistrates Sword in the execution of Ecclesiastical Justice Chap. 17. Of the limits of the Magistratical power in matters of Religion Chap. 18. Of a Christians duty in case of humane Laws in matters religiously indifferent Chap. 19. Of Humane Constitutions in the Worship of God besides the Word Chap. 20. Of the united Power Legislative of Church and State Chap. 21. Of Decency and Order Chap. 22. Of Imposition of Ceremonies Chap. 23. Of Obligation to a Form of Prayer ERRATA PAge 12. line 3. for when he by his Law read when man by his Law P. 13. l 3. for immediately r. mediately Ibid. l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 31. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 24. l. 9. for obedience r. such obedience Ibid. l. 26. for Masters r. Master P. 25. l. 37. dele The in the most certainly P. 35. l. 13. dele They. P. 36. l. 4. for our r. your P. 44. l. for just and equal r. justly charged P. 45. l. 3. dele thereof P. 48. l. 20. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 53. l. 27. for duty r. guilt Ibid. l. 12. for in religious service r. religious service P. 85. l. 24. for c. r. and. Ibid. l. 39. for Co-ordination r. Subordination P. 88. l. 35. for Nation r. Nations P. 93. l. 8. for by Assemblies r. assembled P. 100. l. 21. r. unlawful in the Worship of God P. 112. l. 33 dele therefore that P. 114. l. 16. r. and sound in his principles P. 125. l. 19. r. of what hath been said is Ibid. l. ult for consequentially r. consequential P. 128. l. 11. for thught r. taught P. 140. l. 2. for and Christ hath r. and hath Christ P. 152. l. 17. for prophane use of them r. prophane manner CHAP. I. Of the Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto § 1. THat there is such a thing as Christian Liberty none pretending to a true information in the Doctrine of the Gospel of Christ I suppose will deny neither need I make it my present task for to prove But the great Contest for many Ages hath been about the true Nature and Extent of this Liberty Some stretching the bounds thereof larger than Christ ever did intrenching on Civil and Moral Laws opening thereby a gap to Licentiousness and the violation of the bonds of Humane Societies in Magistratical Rule and Government Others curtalizing and abridging the said Liberty not allowing it those lawful extents allotted thereto by Christ audaciously depriving his poor Members of many Gospel-Priviledges and Advantages granted them by Charter from the Supreme King and Lawgiver Civil and Antichristian Powers still making it their business to spy out this Liberty and their great designe to bring them into Bondage § 2. Calvin observes Duplex esse Regimen in Homine alterum Spirituale quo Conscientia ad pietatem cultum divinum instituitur alterum Politicum quo ad Humanitatis Civilitatis officia quae inter homines servanda sunt homo eruditur Jurisdictio Spiritualis Temporalis i. e. There is in Man a twofold Government the one Spiritual whereby the Conscience is instructed unto Piety and the Worship of God The other Political whereby a man is taught the Duties of Humanity and Civility which are to be observed between man and man a spiritual Jurisdiction and a temporal Which Observation hath Moral foundation and an Evangelical ratification the whole of a Christian being comprehended under these two Heads of Duty charged upon us by the Old and New Testament towards God and towards our Neighbour On the first of which Christ hath by his peculiar Legislative Power over his Church established the whole Oeconomy thereof On the latter he hath chiefly raised the edifices of Civil States and Humane Societies where he hath allowed a latitude of Legislative Power unto the Sons of men as unto his Delegates and Substitutes in earthly Rule and Government Unto both of these Jurisdictions he hath laid on man a firm Obligation by planting his Moral Light in Conscience so that he cannot start from either of these Duties without starting from himself as our first Parents did in their Transgression and all others in putting forth the poyson of that original blot in actual sins of Omission or Commission all which are but irregularities or nonconformities to this Moral obligation laid on Conscience either manifestly so or easily reducible thereunto For whatever is a trespass against the revealed Will of God for Duty in Moral Obedience or instituted Worship is a sin not but that Instituted Worship is fundamentally Moral Obedience but is therefore in some sense distinguished from it the serving of God according to his own appointment being the principal part of the Moral Law because God hath according to the several states of his Church altered the mode and manner of his Worship as he hath thought it best in his Wisdom and as hath bin most suitable to the several ages and states of his Church which alterable or altered Circumstances being the product of Christ's Prerogative alone are called his Instituted Worship § 3. Hence both these Jurisdictions are Primarily and Morally subjected to the King of Kings he orders disposeth of and rules in the Kingdoms of men as well as in his Church and hearts of men yea by ruling Heart and Conscience as well as by disposing Providence he rules Civil States and subordinate Societies but the manifest difference is here that God's political Rule in the Kingdoms of the Earth and humane States is more remote and mediate but that of Church and Conscience being Spiritual is more proximate and immediate He only gives general Laws to Civil Societies and leaves a limited Legislative Power as to particular collateral and incident cases to humane Governours substituted providentially by him To these he leaves the immediate administration of Rule and Government as to an Executive Power altogether and as to a Legislative Power in a great measure but hath reserved the immediate administration of Rule in his Spiritual Dominions to himself alone as to Legislation in his Church and both Legislation and Execution as to Conscience § 4. These two Modes or Degrees of Administration must not be confounded together Man must have no greater share in Rule and Government than
God hath deputed him to he is not to rob Christ of one jot of that Glory which he hath reserved to himself under any pretence whatever neither doth Christ permit that by a plea of being under his more spiritual and immediate Jurisdiction we should exempt ourselves from the equal Laws and Jurisdiction of man for by Christs Laws all his Members are firmly bound upon both accounts Give unto Cesar the things that are Cesar's and unto God the things that are Gods Fear God Honour the King § 5. Lest we should be mistaken in the true nature of either of these it is needful that they be both distinctly spoken unto first of Christ's immediate Jurisdiction and then of his more mediate called Regimen Politicum vel Temporale to which a Christian is subjected the other Spirituale But to make way to them we shall speak briefly first to the nature of the two Administrations of Power that will be so often mentioned Legislative and Executive CHAP. II. Of Legislative and Executive Power § 1. DIvine Power is exerted either in giving being which is Creation or disposing of that being suitable to the ends of Creation and that is Providence This latter consists in Preservation or Gubernation of created Beings to their respective ends The latter of which being a ruling of the Creature by certain Laws according to the Will of God the Creator is either Legislative or Executive § 2. A Legislative Power is a Power of making and giving a Law To compose and draw up a Law is not enough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potestas Legislativa vel Legislatio Rom. 9.4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Legislator Jam. 4.12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Leges sancire Act. accipitur Pas Heb. 7.11 cap. 8.6 though with the greatest exactness and holding proportion with the ends designed yet here the glorious Wisdom of God is most resplendent but to give a Law is to stamp an authoritative obliging Impression upon it whereby it tyes up the Subject to Duty and upon his failure unavoidably lays him under guilt § 3. A Legislative Power is either Sovereign and Vnlimited or Subordinate and Limited A Sovereign unlimited Legislative Power is a Power in making and giving a Law pro placito vel arbitrio Legislatoris both for the matter and manner of it In this there is nothing but Placitum Legislatoris which gives him any Limitation he doth whatever he will in constituting the nature and parts of this Law and ordaining the Subjects to it and how far obliged by it So that here the Legislators Will and Pleasure is a Law unto himself and nothing else Hence it must be supposed that this Lawgiver must have as much Power over the Subject as it 's possible for a Creator to have over a Creature else he cannot put him under what Law and Limits of Obligation he pleaseth And thence it is that this Lawgiver must not be accountable to any other for his doings he is Supreme to all Subordinate to none renders no account of his matters and therefore most irresistible So as none can demand an account of him nor none can oppose him he hath strength to impose this Law where he sees good For those Laws are very insignificant that have not some kinde of imposing force going along with them to fasten on the inward man a Conscience of Duty or on the outward man by respect to Rewards or Punishments § 4. Hence he must be most wife to will such a Law as is most suitable to his own nature and agreeing to that way of Government which is determined by himself as to the created nature of the Subject to be governed And that it may be so it is requisite he should be most good and that not only in himself but relatively so i. e. to have the greatest obligation to distribute Bounty and Goodness to his Subjects of which there can be none greater than of the Creator to the works of his own hands Neither must this Distribution flow from any other than a Fountain of freedom and liberty to act more or less this way or another as he shall please for the manifestation of his fore-determined Glory And then lastly which way soever the glory of this best being Legislative Executive or other be demonstrated on the Subject so much at his disposal it must needs be granted that this is the best and wisest way for the manifestation of that Glory fore-intended in the disposal of the Creature His will and pleasure being certainly the most exquisite and absolute prime Rule of all goodness therefore as it is unquestionably the most absurd and irrational presumption in man to assume to himself or lay the least pretended claim to this Supremacy or Soveraignty of Law-giving so it may not be attributed in the least to any but God alone the first absolutest wisest best and most independent Being § 5. A Legislative Power may be also such as is limited by and subordinated to the will of a superior Legislator and therefore the power of such an one is not of himself and primitive but derived from some other Neither is it bounded by his own Pleasure but by that of another to whom he is accountable because he himself is liable to a Law which Law he may transgress in giving such Laws to his Subjects which he is not commissionated by his Superior Law-giver to give and Ergo must not make Laws Pro arbitrio sine limitibus his arbitrium being received from another and the bounds allotted it as to all Jus agendi pro beneplacito he may act indifferently this way or that way in such a compass but if he pass the Line of his Circumference he becomes a transgressing Ruler He sins against his Superiour and wrongs his Subject § 6. Hence this subordinate Legislator thus trangressing the Subject being conscious and clearly convinced thereof he is disobliged from all active obedience unto any such usurping or transgressing Laws A Christian's first and greatest obligation being to the Supream and Soverain Power as a Citizen in a Town-corporate is first bound in obedience to his Prince before he is to the Mayor or Bayliff of the Town An Officer substitute by the Prince and removable at his pleasure it 's not so in natural and contracted Relations knowing his obedience to the King will sufficiently justifie his non submission to the will of the Mayor § 7. Again the Subject is obliged to obey the Laws which the inferiour Law-giver makes lawfully i. e. according to his deputation not Simpliciter gratiâ illius but primarily and most properly for the sake of the supream Law-giver whose Substitute and Representative he is Rom. 13.1 4. 1 Pet. 2.13 and they are so far to be obeyed but no farther to be owned as lawful Governours § 8. Thus much of a Legislative Power in general An Executive Power is a Power of putting in Execution a Law made or the practical Application thereof according
and discouragement of Evil-doers 4. That in the faithful discharge of this trust they are Gods Ministers attending his work § 3. As the King of Kings hath given Magistrates their power so he hath set them their bounds of Government insomuch that they be not Plenipotentiary but are liable to the Law of the supream Law-giver which they may transgress in respect either of the Laws themselves or of persons subjected to them In respect of the Laws two ways in Law-making or Executing In Law-making these ways 1. When they presume to enact such Laws as directly cross any of Christ's Laws either the Law of Nature to enjoyn unnatural things or when he by his Law shall contradict the Moral Law or any Appendix thereunto Or lastly controul the Laws of Christ for the Oeconomy of his Church i. e. in making any Laws to obstruct the execution of Christs Laws according to his revealed Will. 2. He may transgress in Law-making by entrenching on the Legislative Prerogative of Christ either in respect of Moral Obedience or Instituted Worship or any Forms or Rites thereto belonging 3. In failing to Enact such useful and necessary Laws as are needful and requisite for the right ordering or management of the Common-weal or particular Subjects under his Dominion He may fail and transgress in Law Executing either in a slack or careless execution of good Laws or undue application of them or partial distribution of Justice by them all which is Injustitia or he may fail in too vigorous and extreme prosecution and so be guilty of Summum Jus which since the Fall is Maxima Injuria because there is no allowance or abatement for the natural failings and weaknesses of the Subjects obeying § 4. As he is liable to transgress as to Laws so also as to persons 1. By a partial Execution of Justice with respect of persons 2. In pressing the power of his Law further on persons than Christ ever permitted as in endeavouring to impose on Conscience and bring it into thraldom by forcing men to ambiguous Oaths Declarations or Subscriptions 3. When he useth his Power for the obstructing and hindering the Members of Christ in the use of those Priviledges or lawful Liberties granted them by Christ himself § 5. Whence it appears That the Civil Magistrates Jurisdiction is limited to the Civil State and to all persons and things considered in a Civil capacity And thus far he hath Power over the persons of Christians and particular Churches whilst Militant so far as they are persons and Societies laying claim to Civil Rights and Priviledges or capable of doing or receiving wrong and injury being men subject to Passions and Failures with the rest of Mankinde A Christian is subjected as hath been said to a twofold Jurisdiction Internal and External Internal respects the Jurisdiction of Conscience or God's ruling man by it and here is an impossibility of any third persons interposing between God and us The External Regiment to which a Christian is subjected is Political and that by God's Ordination is twofold viz. Of the Body Civilly Politick and Spiritually or Ecclesiastically Politick this is subjected immediately to the Ecclesiastical and Spiritual Gubernation of Christ alone the other i●mediately under the Rule of the Civil Magistrate Now the contest between these two Polities hath been the Original of most of the Trouble in the Christian World Since Christ's presence here on Earth it hath always been mans presumptuous Ambition to sit in his Throne more or less Sometimes Secular Dignities assuming to themselves Legislation in matters of Divine Worship whence hath arose so great Persecutions from Magistrates because Christ's Followers refused to betray or deliver his Prerogative into their hands and judged themselves bound to obey God rather than man Again sometimes usurping Officers in the Church pretending to a derived Power from Christ have assumed the place of Christ himself in and over his Church justling him as much as in them lay out of his Throne hence hath arose the Antichristian Vsurpation tyrannizing not only over Bodies Politick but over Conscience it self and as a just Judgment on Civil Powers which will not kiss the Son but break his bonds and abuse his Churches and Members have bin permitted by Christ to set their feet on the necks of Kings and Governours of the Earth the intolerable burthen the Earth groans under and hath done for many Ages and were they but removed each into its proper sphere i. e. were but the Churches of Christ eased of Civil Usurpations in some Nations and Commonwealths from Ecclesiastical in other and Conscience delivered from the rapes wrongs and injuries insolently offer'd to it from both the Christian World would become such a Paradise of Felicity that scarce yet hath bin since the Infancy of the Gospel-Church and without such reducement of the World to the due Liberties of Church and State we cannot enjoy that worldly Felicity which a good man is capable of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand A good man aiming at Felicity Would either dye or at his home live free CHAP. V. Concerning the Nature of Conscience § 1. Having thus far briefly enquired concerning the Jurisdictions a Christian is bound in Duty to submit unto viz. Christ's and Caesars and though he is conscientiously to subject himself unto both yet Christs Authority is to be preferred and he is to have his due in the first place because all others who derive all just and rightful Authority from him are limited by him and must give an account unto him Therefore we say with the Psalmist Give unto the Lord O ye mighty give unto the Lord the Glory due unto his Name And as commanded by Christ Seek first the Kingdom of God and the righteousness thereof c. § 2. The first thing then here to be done is to vindicate the Soveraignty of Christ both in the persons of particular Christians and in Ecclesiastick Bodies Politick in both which he hath reserved the Legislative Power to himself and never yet committed it to any other And first of his Power in Conscience and that it may the more clearly appear that Christ only rules in Conscience it is needful we a little explain the Nature of Conscience and then proceed to prove that the Jurisdiction of it belongs to Christ alone § 3. Conscience taken strictly secundum notationem nominis is a Knowledge together i. e. A mans knowledg of himself and his actions together with another who knows the same with him or as some think the knowledge of his Actions together with the Rule by which they ought to be squared and directed which knowledge must be placed in the Understanding of a rational Creature Mr. Perkins saith It 's a part of the Vnderstanding I had rather say it is Modus Intellectus for the Understanding acts per totum non per partes This is that Spirit of a man which knows the things that are in a man 1 Cor. 2.11
considered according to its internal and its external acting It s internal acting is its believing assenting concurring judging between fact and fact or disbelieving dissenting condemning c. and these are those that are Actus eliciti and they are not without doubt under any humane Law or Power in the world either to force them where they are not or to obstruct them where they are As men may not presume to do it by any external compulsion so there is an impossibility in the nature of the thing that it can never be accomplished 'T is onely God's Prerogative to charge us to believe under a penalty and the light of Truth carries demonstration with it to challenge our assent and call forth our understanding to a free acting unless we be inveloped in the darkness of corrupt nature or captivated in slavery to any Lusts Neither is it in the power of man to remove this vail it 's God onely by the light of Truth working by its prevailing evidence and the mighty operation of the divine Spirit which way it pleaseth that can effect this Hence he that makes a penal Law that this or that thing is a truth and to be believed by me to be assented and consented unto and doth endeavour to compel me to such a belief and assent by the threats and punishments of this Law doth usurp a power that was never given unto him by God neither was ever practicable to effect the end pretended to § 4. Secondly There are external acts Actus imperati of Conscience as professing subscribing declaring doing but these are not properly acts of Conscience but from Conscience as they ought to be under the Rule and Dominion and direction of Conscience and will come to be duely considered in this place whether any man may be thus compelled by any subordinate Power and doubtless there is none that can compel a man to act from Conscience no more than he can compel him to understand or will what he pleaseth for though the acts are external and may be compelled de facto and in some cases de jure the principle of good or evil actions viz. from Conscience cannot be compelled the relation it hath to Conscience is internal as if a man be brought and forc'd upon his Knees before an Idol c. it is no formal act of Conscience for that still resists and opposeth the action though it 's improperly called a forcing of Conscience when a man is thus forced to an action against his Conscience Indeed he is forcibly induced through fear or sense of some evil to do or omit something against his light and conviction and the choice is also free he being attended with such circumstances yet it is said to be compelled because the argument of a Penalty to be incurred upon refusal is very strong to reach flesh to prevent the suffering of which the Will is carried away to chuse that as a comparative good which the enlightned Understanding allows not as lawful nor the Will as absolutely good and this is that compulsion of Conscience which is most usually found in the world And here it will be enquired whether any Subordinate power can lawfully compel us to such imperate acts Ans 1. I say men may make and execute de jure such a Law as many cannot in conscience submit unto by way of active obedience so that it be really such as the great Law-giver hath allowed them to make and it be agreeable to the rules and limits of power committed to their charge and the reason of refusal be the weakness and ignorance or prejudice of the Subject or else no Laws could be made or executed in the world for one or other that should obey would be pretending Conscience against it and here the Subject is to submit either actively if after sufficient illumination he findes the goodness and justness of the Law-giver If he doth not he is to refuse to act if he is perswaded it 's utterly unlawful but if it be doubtfully so he is to suspend his acts till he is better informed and patiently submit to the Magistrates will and pleasure in the Penalty-execution but if any Power endeavour to enforce obedience that no Power enacting may lawfully do and require us and force us with penalties it 's questionless very great Usurpation We must also consider the matter about which this compulsion may be conceived to be No Magistrate may compel to any thing against Conscience quatenus such Scil. under the formality and notion of being against Conscience that were the greatest Tyranny in the world Or we may understand it of compelling under the notion of Truth and so a Faith must be enforced which no man is capable of accomplishing this way Or Thirdly under the notion of Duty not respecting how the Consciences of persons stand affected in relation to it on whom it is urged And thus the Magistrate may compel to the doing of good or avoiding of evil by penal Edicts though accidentally it may be against the Consciences of some on whom it is imposed for the Magistrate being not a competent Judge of mens Consciences he cannot make other mens Consciences the rule of his Laws and Executions but the will of the Lord whose Ministers he is and the good of the Commonweal that is committed to his trust The Magistrate is not to command or forbid any thing under the formality of being with or against Conscience but he supposing that the Consciences of his Subjects are convinced being sufficiently pre-informed may command any thing to be done or forborn according to that latitude of Rule and Government which he hath received from the Lord whose Minister he is for the right knowledge whereof he ought sincerely and impartially to consult the Word of God and his own Conscience and so to take the measures of his own Duty and Actions Neither is his Conscience the Standard to his Subjects for every one must give an account of himself to God the Magistrate for himself as a Magistrate and the Subject for himself as such and therefore the Conscience of the Magistrate doth not binde the Subject to active obedience though his relation to him as such bindes him to Subjection which is abundantly shewed in his quiet and peaceable submitting himself to the Law-penalty if he cannot satisfie himself that the Magistrate acts in his place according to the revealed Minde and Will of God in such cases provided which cases also are always to be of a civil and politick nature for here he hath power compulsory of the outward man mandatory or prohibitory though the Conscience of the Subject is or may be pretended to be against it § 5. And now that all cause of exception may be removed on all hands it will be requisite more explicitely to shew how far a Christians Conscience hath to do with humane Authority and we grant that humane Authority in civil and politick affairs is an Ordinance of God 2. That
to the contrary Magna est vis Conscientiae in utramque partem ut neque timeant qui nihil commiserint poenam semper ante occulos versari putent qui peccaverint Cic. Orat. pro Milione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sophoc Egregious Witness Conscience To good men is of innocence CHAP. VII Of Strong and Weak Christians and how far they are obliged to submit to each other § 1. HAving evidenced that the Jurisdiction of Conscience belongs to the Lord Christ as his peculiar Prerogative it follows that doubting weak scrupulous Consciences may challenge this priviledge as well as the knowing confirmed strong Consciences and neither the weak subjected to the strong nor the strong to the weak And because the Spirit of God hath distinguished Christians according to their Consciences into strong and weak and shewed how they ought to walk in love towards each other under one and the same Law-giver and Law though diversly apprehended especially as to some circumstances and consequences thereof by them and that they ought not to judge justle wrong and despise each other It will be very requisite in this Conscience-abusing age to speak something distinctly on this subject § 2. The whole revealed will of Christ for the Government of his militant Kingdom and management of all affairs therein as to publick Ecclesiastical concernments so to all particular Duties Relations and Behaviours conscientiously to be performed to God and man is fully and sufficiently manifest under the notions of things necessary and indifferent under which two Heads all Christian Duties positive and negative are comprehended Although there is a supposition of a third because of our blindness ignorance and weakness of Judgement and Affections as to a clear discerning and determining between Gospel-necessities and indifferences how stated by Christ and that is of dubious controverted matters between Church and Church Christian and Christian whether they be absolutely enjoyned or prohibited or indifferently lawful and unlawful called by the Apostle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 § 3. This supposed Third causeth a distinction of two sorts or rather degrees of Believers both one in Christ the Head and in conscientious ender respect to his Glory The one is the weak scrupulous doubtful Christian not so fully informed in the revealed will of Christ for his walking but because of his great love to Christ and tender respect to his Glory is very zealous thereof and suspitious of himself and his ways and it may be doubts and questions many things which are not doubted of nor need not by the strong because they are clearly enough revealed but the weak by reason of the great darkness of his Understanding is at a loss about them such are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. he wants that due light and information that the Conscience ought to have in the truths of the Gospel especially of such as are usually of a more disputable nature so Beza and Piscator * Fides hoc loco declarat Christiandm ipsam Doctrinant in quâ sit adhuc aliquis rudu ac proin●è discrimen ciborum dierum nondum in elligit Christi beneficio puisse sublarum Bez. Fides hic significat de usu rerum indifferentium per synecdoch generis to distinguish between things necessary and indifferent but accounts some things indifferent which are necessary and some necessary which are indifferent and therefore doth not rightly distinguish between his duty and liberty The stronger Believer is he who hath a clearer and fuller discerning of the minde and will of Christ revealed touching things absolutely or relatively necessary by the Law of Christ and things left in indifferency and this is the Christian that hath least doubt and scruple in Conscience Circa agenda non agenda necessario agenda indifferenter and therefore of licita non licita and hath that plerophory of Judgement spoken of Rom. 14.13 § 4. The Apostle in that Chapter and elsewhere doth fully shew the difference between these Believers the one sort are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 weak in Faith The other sort are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 strong and confirmed in Principles Knowledge and Judgement All indeed have some Knowledge which have any Faith of a true nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all have knowledge 1 Cor. 8.1 but all have not such a degree of Knowledge as to denominate them strong 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v. 7. this eminent knowledge is not in all therefore some are weaker in Faith and Conscience and therefore have not a good judgement of discretion or of determination of doubtful points to which he is not to be taken by other Christians for he having a zeal to the honour of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is rendred by Steph. Certamen disceptatio by the Vulgar to which Beza adheres but by Erasmi●s D● judicaiio whom Grotius and Hammond follow and seems to me to be most genuine For though 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is sometimes taken for Doubting yet it is oftener taken for Discerning and Judging and besides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Noun is elsewhere still taken in this sence of Discerning 1 Cor. 12.10 Heb. 5.14 and but little knowledge is superstitiously observant of many things which the strong looks not upon himself at all obliged in conscience to The Apostle gives an instance v. 2. One believeth that he may eat all things another that is weak eateth Herbs i. e. the strong knoweth his liberty that Christ hath not confined him in so narrow a compass for the sober and convenient use of any creature-comfort whereas the weak he looks upon himself bound to Ceremonies to observe many things as to meats drinks days c. and this was the great dispute between the Professors in the Apostles times whether all the Jewish Observations were abolished or not by Christ The strong Professors said they were according to Peter's Vision the weak said they were yet to be observed And as there were weak Jewish Christians so there were weak Gentiles Professors who did eat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 8.7 which doth eat with Conscience i. e. of respect towards the Idol this is illustrated v. 10. for the weak seeing the strong eat things sacrificed to Idols or sitting in the Idol-Temple he saith the Conscience of the weak 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 edified to eat things sacrificed unto Idols as such Whereas the strong hath no such respect at all but the poor indiscreet weak Believer judges so and therefore encourageth himself in his own Superstition he walks by a dimmer light therefore his Conscience is more apt to be defiled The stronger hath a greater degree of light and knowledge and therefore is not so apt to trip and stumble in the way that he walks his Conscience is more clean and free from pollution The Apostle Heb. 5.14 opposeth these two sorts of Believers as Children and grown men v. 13. every one that useth Milk is unskilful in the word of
no place by subjection i. e. yielding to their imposition no not for an hour that the truth of the Gospel i. e. true Gospel-liberty might continue with you whereas before he yielded to the Circumcision of Timothy to gratifie the weak real Believers Whence it plainly follows that whoever they be that endeavour to enthral our Consciences and Practices though in matters in themselves indifferent are not to be yielded to as weak nor subjected to as strong but rejected as false Brethren 2. The strong sincere Christian is not to violate any positive Law of Christ that he is in his Conscience perswaded of to gratifie the weak or any persons whatever Inferiours Superiours or Equals all the concession must be onely in matters in themselves indifferent neither should the weak offer violence to his Conscience in any thing to please the strongest and wisest Christian in the world CHAP. VIII Of Scandals § 1. HAving spoken of the strong and weak Christian and how they should walk one towards another inoffensively it will be necessary to understand a little the nature and kinde of offences which the Gospel gives us so frequent and strict warning to take heed of The Apostles great inference from the advice that he had given to the Strong and weak was by way of advice Rom. 14.13 Let us not therefoee judge one another any more but judge this rather i. e. determine that no man put a stumbling-block or an occasion to fall in his Brothers way 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inter se differunt sed non semper 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 leviorem offensam significat quā tamen aliquis non corruat ut supra 11.11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vero graviorem declarat ex quā quispiam prolapsus claudicet Beza and most Interpreters go this way but Estius who saith Non disting inter offendiculum scandalum sicut inter lapidem offensionis petram scandali Rom. 9.33 nam hujusmodi repetitiones ad inculcationem eyusdem rei Scripturis familiares sunt Estius There is two words used but both seem to intend the same thing though some make them differ in degree A Scandal is any impediment or obstruction that lies in a mans way over which he may stumble or fall So that we take a Stumbling-block or occasion of falling for the same thing any thing that doth grieve trouble distract or turn aside carries the nature of a scandal with it and those we must distinguish according to degrees There are the greater and more dangerous that hazard falling and there are those of a lesser nature that hazard stumbling onely They differ onely in degree or in respect that they have to our state or particular actions and concerns Some of more dangerous consequence and some of less Some are more easily removed out of the way some more permanent and lasting As if there be any difference in those expressions a stone of stumbling and rock of offence it lieth in that the offending Stone is easily put aside but the Rock is immovable § 2. Offences are said also to be either such as are given and not taken and in this sence some places must be taken as Matth. 16.23 when Christ said to Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou art an offence to me in endeavouring by thy advice and evil counsel to turn me out of the course of exercising my Mediators office Not that Christ was stumbled but there was such a thing in the nature of Peter's advice in relation to Christ's work that he had to do Some offences are taken and not given i. e. it 's not in the nature of them to be offences but by reason of the corruptions of men by their abuse of the greatest good it often becomes a scandal to them so Christ himself was a scandal to the Jews and a Rock of scandal as well as a Stone of stumbling Rom. 9.33 1 Cor. 1.23 How many when he went preaching about were scandalized at him and at his Doctrine Matth. 11.6 ch 15.12 ch 26.31 This is a supposed scandal to him that is offended Thus the doing of the most justifiable action may undergo the disreputation of an offence when men will either perversly call good evil or interpret it as evilly intended or by reason of ignorance and weakness of judgement judge it so and thus Christ himself and no marvel if the best of his Members be not a scandal many times in their most commendable ways of walking unto the men of the world yea unto many weaker Believers their liberty becomes a Stumbling-block to the weak 1 Cor. 8.9 and a mans good is blasphemed or evil spoken of Rom. 14.16 there are many that will be offended captiously and deliberately and they are the profane men of the world that call Christ Beelzebub and his Disciples no better or the pharisaical Professors The Disciples told Christ Knowest thou not that the Pharisees were offended when they heard these sayings Matth. 15.12 Christ answers That every plant that his Father had not planted should be rooted up Let them alone they are blinde c. therefore no marvel if they bark at the Sun c. These unjust and unreasonable offence-takers are the greatest offence-givers who do truely offend Gods Children in all sences more than the prophane world so Joh. 6.60 61. § 3. An offence given is when a man or thing hath an innate just ground of scandal by relation to the moral Law and is no other than sin or sinful per se in se whatever other mens opinion of it be and therefore works objectively upon others by way of stumbling and scandalizing and they are two sorts on whom it operates this way Either those that behold this action with approbation and they stumble or rather fall in the worst manner thereby for they thereby are encouraged to fall into sin or to remain in sin by reason of it because of the great inducements that they take up from the person committing it his Holiness Wisdom Authority Age c. or those that behold it are grieved at it and at the person offending so as to censure his Person or Religion and provoked by some ways or means to manifest their great disgust not onely to the person offending but even to the world Hence I distinguish Offences into Grieving and Sinning or Grief-causing offences or Sin-causing offences § 4. Of the grieving Offence first and it 's that which tends to the afflicting and troubling the Mindes Hearts and Consciences of the Faithful in their Christian course and the offending party either wrongs and injures by acts of violence and oppression whereby he grieves the oppressed or else he does and persists in such actions as the offended judge unlawful And therefore from true principles of the love of God and his Brother and the hatred of sin he is much grieved and walks heavily to see his Brother walk disorderly and complains of this block laid in the
by the occasion or example of it shall thy weak Brother perish so far as he is concerned in thy actions for whom Christ died and so far as thou knowest he being fallen into or confirmed in sin by thy means and when ye sin so against the Brethren and wound their weak Consciences you sin against Christ The Apostle enlarges further and very plainly upon this point 1 Cor. 10.23 to the 9th c. which I shall not detain the reader upon but onely refer him to distinct reading and consideration of the Text and shall conclude this point with that eminent place of John the Apostle 1 Epist ch 2.10 He that loveth his Brother abideth in the Light i. e. the truth of the Gospel and there is no occasion of Stumbling the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in him that is no active scandal i. e. he gives no occasion of falling unto his Brother and there is no passive scandal he is so far enlightned and informed in the truth that he doth not easily take offence at his Brothers actions so as to start from the truth or walk in any ways of sin or errour neither is he soon offended and prejudiced at his Brothers person or profession as to start from the communion of either But he that hateth his Brother i. e. hath little regard to the welfare of his Brothers Soul is in darkness and walketh in darkness and knows not whither he goes because darkness hath blinded his Eyes Ergo will both stumble and fall and lay Stumbling-blocks and Scandals in the way of others that they may fall also CHAP. IX Of Necessities and Indifferences § 1. IN the next place it will follow to consider the things wherein the Consciences of the strong and weak are mostly concerned about the doing or not doing of which Scandals and Offences do arise amongst Christians and those are things necessary and indifferent § 2. The things wherein Conscience is bound to doing or avoiding by some Law are things necessary and if by Christ's Law they are religiously necessary if by Man's Law they are civilly necessary if by the Law of Nature then naturally necessary all things whatever antecedaneous to a Law are in a possibility to necessity or indifferency those things that are doubted of supposing them under a Law or relating to it not appearing to us whether necessary or indifferent are scruples and these are not so much in the nature of the thing as in Conscience § 3. An indifferent thing is generally known by this description Est medium quod ita se habet ad duo extrema ut non magis ad unum quam ad alterum inclinat It 's a middle thing that respects both extreams alike as that which is indifferent in respect of Morality 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sine discrimine aut differentiā b. e. ratione boni mali determinati ul●â lege it 's in it self neither morally good nor morally evil it is as it were the middle of a Line that leaveth so much on both sides Est bonum malum physicum morale civile that it is equally separated from both in that as it is not the one so it is not the other and though good and evil are properly opposita per se sine ullo medio vel adversa for there is nothing in the world but is good or evil in some respect or other but because moral or civil good or evil is additional after the determinations of Nature in genere suo by some further Law there are some things or actions not concerned in the said Laws which things therefore can have no moral or civil goodness or evil in them but remain adiaphorus and so in this consideration necessary good and evil and indifferent are disparata and not contraria those things or actions which directly fall under the Law by positive Command or Prohibition are said to be absolute good and evil though it 's but secundum quid viz. properly in relation to the Law and those things or actions which are not directly concerned in the Law but onely circumstantially indifferent in themselves those are relatively necessary and respectively onely good or evil § 4. Though Good and Evil and Indifferent are disparata yet Necessary and Indifferent are adversa and there is no medium betwixt them for all things in the world are or may be ranked under these two Heads in respect of any Law of God or man whatsoever For either they are concerned in the Law or not if they be concerned they receive a relative constituted good or evil from the said Law if not concerned as to Command or Prohibition they remain indifferent and their indifferency also must be respective as to this or that Law for a thing may be indifferent and unconcerned as to one Law when it 's concerned in and made necessary by another Law § 5. By Laws of Nature in distinction from morality I understand more than meram artem Physicam here must be understood the rules of all Arts which are as so many Laws to direct every thing in its various respects unto its right end and all conformities and agreement of the things or respects to the said rules in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is good and all Irregularities and Falsities are evil though bonum malum is most proper in the moral acceptation yet we must allow it to be in other Arts besides Divinity in Logick there is good and evil consequence reasoning c. verum bomem though they be morally contra-distinct yet they are in Logick convertible terms so there is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of every Art which is its veritas leading to its right end and this is the bonitas thereof There is also a necessity in them and Necessarium quando semper verum est nec falsum esse potest when the Axiome affirmed is always true and never can be false to this is opposed a contingency which indeed is a medium between Truth and Falshood as Indifferency is between Good and Evil and is an Axiomatical indifferency properly as the other is moral and those things that are contingent are indifferently concerned in the rules of Art to Truth or Falshood Sic vera sunt ut aliquando falsa esse possunt sic falsa ut aliquando vera esse possunt § 6. All Necessities respecting Conscience and religious practice are moral and have their good and evil determined by a moral Law and these are of two sorts Absolute or Relative Absolute when the principal substance of the thing or action is determined as to good or evil the moral Law looks directly upon it the duty is called perfectum officium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a perfect or absolute throughout Duty A Relative necessity is when an indifferent thing in itself by a circumstantial respect to another thing falls under some Law and becomes good by way of expediency or evil by way of non-expediency it 's call'd commune
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or medium off cium quod cur factum sit ratio probabilis reddi potest Cic. off 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 10.23 an indifferency may become a necessity per accidens pro hic nunc and this is an expediency or non-expediency which cannot be properly a medium between a necessary thing and indifferent because every moral expediency is necessary in genere boni moralis pro hic nunc though not pro semper ubique § 7. Things have a Necessity of nature in them when they are so ordained of God the Creator of all things that they should be or do this or that to the compleating their being or welbeing in order to the accomplishment of that end for which he first introduced them and his command unto them the proper catholick rule of every art so to be and do is the law of nature which all natural agents under the conduct of respective Arts and Sciences do receive viz. what they should be what they should do and to what end they should tend all which are undispensable rebus secundum natucam aut regulas artis positis and unalterable by any but God alone and they are his Ordinances for the rule of Sun Moon and Stars c. given by God and cannot depart from before him Jer. 31.35 36. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if these Statutes be removed from before me hence all Creatures and things should according to their first constitution have kept their regular Motions to the best ends Supream and Subordinate and so all good though since the breaking in of the Curse upon the Creature for mans moral transgression there 's entred thousands of natural evils into the world so that nature hath swerved from its primitive course in many things and run in the crooked channels of disorder and confusion Hence natural indifferencies are such natural Actions Modes and Tendencies of the created beings which may be or not be without any prejudice to the common course of nature without any destruction to the esse bene esse or last end of the Creature As a man may be Tall or Short Fat or Lean of a fair or black Complexion So a Sheep black or white It may Rain or be fair Weather on this or that day The fuel of Fire may be Hay Straw Coal or Wood The Eye may look on this or that Object The Understanding contemplate this or that truth The Will chuse this or that good and infinite other varieties that nature sports itself in without any distraction or so much as wrong to the necessities of nature or breach of any of the Laws or Rules thereof § 8. Things or Actions are politically necessary or indifferent when they become necessary by subjection to some Law of Polity or indifferent by being void of limitation by that Law Political Necessities and Indifferences are either Civil or Ecclesiastical Civilly necessary are either when the things or actions themselves have an innate tendency to the order of civil Societies or the exercise of distributive or commutative justice flowing from the influence of the moral Law diffusing itself through all natural Consciences and becoming the very Veins and Sinews of Societies or when according to the discretion or prudential arbitrament of the civil Magistrate agreeing to the constitution of the Government a civil Law is enacted where it bindes is civilly necessary and that which it leaves unbound is civilly indifferent and neither good nor evil in respect of that Law Unto this Head may be referred Oeconomical necessities and indifferences of which we may have some such analogical understanding which I shall not now stay upon § 9. Some things and actions fall under a spiritual political consideration and are Ecclesiastical pertaining to instituted Worshp to the Government and Discipline of Christ's Body-politick which is his Church and these are Levitical or Evangelical Levitically necessary where such things which were commanded by the Ceremonial Law the revealed Will of God for the order and manner of his instituted worship in the Jewish Church under the Pedagogy of Moses Levitically indifferent where those things that were left undetermined by the ceremonial Law might be lawfully done or not be done according to discretion § 10. Things or actions Evangelically Ecclesiastical are also necessary or indifferent Necessary when they have a determination of political good or evil laid on them by the Law of Christ for the management of the affairs of his Church under the Gospel Things in respect to the Church-constitutions are also indifferent when they are not declared by the Law of Christ to be of any necessary concernment to the being or well-being of the Ecclesiastical Polity All Ecclesiastical Institutions are founded on the Moral Law but are distinguished from the Moral Precepts by the name of Instituted Worship because God ordained the Moral Law to be a rule of Obedience under all the ages of his Church but Christ hath reserved to himself the prerogative of altering instituted Worship at his pleasure as it shall appear to his wisdom to be more agreeable to those several ages and great ends that he designes the attaining of by the Oeconomy of his Church Militant in the world and the great and principal change that he thought good to make was when he changed his Church-discipline from Oeconomical to National and from National in one Nation to particular Congregations in all Nations whither his Gospel should be dispersed This last change of instituted Worship we are under and it stands constituted by the Laws of his own promulgation by himself immediately when here on earth and by his Apostles after his Ascention inspired with his Spirit extraordinarily commissionated by his Authority From under this last Ecclesiastical Constitution we must not we dare not start till his second coming the date of its continuance being fixed by himself CHAP. X. Some plain Propositions concerning things Necessary and Indifferent § 1. HAving thus briefly described and unfolded all sorts of Necessities and Indifferences requisite to our purpose and ranked them to several Heads that we might not be mistaken in the following Discourse when we speak of any of them distinct from the other We judge it now convenient in the first place before we come to argue the matter in controversie to lay down a few general Propositions to the intelligent Reader whereby the nature of these things will further and more clearly appear 1. No created beings or actions had any thing of moral necessity or indifferency antecedent to a moral Law for where there is no Law things cannot respect it as good or evil and if the two extreams cannot be without a Law neither can the middle be in respect to the said Law and if some things are not made morally good or evil by commanding or forbidding other things cannot be morally indifferent as to good or evil 2. Though things have no indifferency antecedaneous to a Law and without respect thereto
yet they have a possibility of necessary goodness evil or indifferency and those things that are good or evil by one Law may be left indifferent by another vice versa 3. The same Law that ordains things or actions necessarily good or evil doth exclusivè implicitè determine things indifferent in reference to its self for such things as are neither commanded or forbidden are neither good or evil and therefore may be done or not done without sin being indifferent 4. There is none can loose or absolve from a binding Law but he that hath the Legislative power or one superiour to him men may by alteration of Statutes change their necessities into indifferences vice versa or God by his supremacy may do this in mans Laws but no man can abolish God's Laws or make new ones of the same kinde by changing things that he hath left indifferent into necessities it is his Prerogative onely 5. All appearances of things to be what they really are not by the several respects they have to the Law they are under are errours and hallucinations of the Understanding for good sometimes appears evil and evil good necessary things indifferent and indifferent things necessary And though our walking must be and can be but according to the illumination of our Understanding yet doth not our Judgement or Consciences alter the true respect that things have in themselves 6. All religious actions as such practically circumstantiated whether moral or ceremonial are good or evil and cannot be called indifferent unless in an abstract consideration from all religious respects 7. Absolute good and evil are not of the same extent with lawful and unlawful for an indifferent action is lawful which hath no determination by a Law to good or evil because not onely the Precept but even the permission of the Law makes a licitum but it 's onely the Prohibition that makes it unlawful Hence indifferent things are not media inter Licita illicita for they are contradicentia and indifferent things are licita and upon that account referred to the Law and confirms that indifferent things cannot be said to be so but in reference to some Law lawfulness being an essential property of an indifferent thing 8. To say that an indifferent thing is a mean between commanded and forbidden is all one as to say it is a mean between good and evil for there is nothing good or evil but by vertue of something carrying the force of a Law in it that by a Command or Prohibition puts the nature of good or evil upon it correspondent to the said Law As the Law of the Creation makes things naturally good or evil the Law moral makes them morally so c. and that which is prohibited as not answering the ends of the one or other is necessarily evil That which is commanded as answering the ends and requisite is good necessarily That which in itself may or may not answer and is not absolutely commanded or forbidden is neither good nor evil in respect of that Law though it may be in respect of another and therefore indifferent CHAP. XI Concerning Christian Liberty § 1. UPon the true stating of Necessities and Indifferences depends the right understanding of Christian Liberty concerning the genuine meaning and extent thereof it 's needful that something be subjoyned That there is such a thing as Christian Liberty many places in the New Testament will evince we shall briefly explain how the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is taken 1. For freedom from the impurities of sin because the ways of sin are bondage so the Word of God directing to holiness is called the Law of Liberty Jam. 1.25 ch 2.12 2. Sometimes taken for Liberty or freedom from the Curse due to sin or lying upon the Creature for it in its effects Rom. 8.21 3. It 's taken for Freedom from the darkness of and bondage to the Mosaical Vail of Ceremonies 1 Cor. 3.17 4. For a free use of indifferent things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Cor. 3.17 Gal. 2.4 In all places I finde Liberty hath a respect to some Law whereby men are bound either under duty or unto punishment We are freed from the punishment of the moral Law by Christ but not from duties required by it Gal. 5.1 It is a freedom purchased for us Christ having satisfied the Law in respect of 〈◊〉 1. It 's taken for a Liberty from sins dominion which is a transgression of the Law Rom. 6.18 22. Joh. 8.32 2. It 's opposed to the bondage of expectation of Justification by the works of the Law Gal. 4.22 to the 30. Rom. 7.3 Now Christian Liberty as it respects indifferent things it flows from the Law of Christ two ways either by way of release from the bondage of some Law by the repeal of it as of the Ceremonial Law which consisted in many observations of Days Meats Habits and many Rites and Ceremonies and is liberatio or by allowing us and entrusting us with a Latitude in the use of many things notwithstanding all supervening Laws and impositions and therefore this is that Liberty which we are commanded by Christ to maintain Gal. 5.1 2 3. we are to take heed that we be not entangled again in the Yoak of bondage that place is comprehensive of all the Liberty purchased for us by Christ in respect of the moral and all ceremonial Laws and so far as we have a Liberty by Gospel-charter we are to stand fast in it avoiding all re-intanglements of Conscience by the Children of men that spy out our lawful Liberties and would deprive us of them Ye are bought with a price be ye not the servants of men 1 Cor. 7.23 which place must be understood in religious service such as is done in obedience to the immediate commands of Christ as appears v. 22 and 24. for Christ doth not prohibit service to men in Domestick and Civil affairs but a flavery to the wills of men in the matters of Religion and instituted Worship be ye not time-servers or men-servers So that by Christ's Law we are bound to refuse homage to mens Usurpations in matters of Religion § 2. As what Christ's Law to us determines for our practice to good and evil in all things and actions comprehended under that Law is definite so what he hath not there determined some way or other either explicitely or implicitely is indefinite and a Christian hath therein his Liberty to do or to forbear without sin as in such matters as relate to religious observations in Meats Drinks Days and Circumstances attending instituted Worship not commanded or forbidden by Christ but are left by Christ to our Liberty to do or not to do by the judgement of discretion as it hath most tendency to the glory of God and edification of our selves and others As for example to sit or stand in hearing the Word to kneel or stand or lie prostrate in Prayer for a man to turn his face to the East or
West or wear this or that Colour in the Worship of God c. thousands of instances may be given We speak not here of natural civil or moral Liberty there 's no doubt but a Christian as a man may claim as much of that as another and hath as much Law-obligation as to precepts of practice but the matter under debate is what the Evangelical Liberty of a Christian is in the transaction of the affairs of Christ's Kingdom § 3. A Christian's Liberty is not a boundless and lawless Liberty in those things wherein he is most free but hath its special limits and bounds set unto it by Christ in certain Rules and Precepts generally prescribed by him to which all his actions may be reduced either as to the substance of them and so fall directly under that Law or to the general circumstances and so are subject more remotely Hence there are no actions that a Christian doth of religious concernment that are compleatly indifferent but hath aliquatenus rationem boni aut mali § 4. The Spirit of God if I mistake not sets a double bound to Christian Liberty viz. Moral and Evangelical 1. Moral in that Christs Law allows none the liberty of committing moral transgressions it owns ratifies and confirms all moral Precepts Prohibitions or Permissions and none may use Christian Liberty as occasion of licentiousness Gal. 5.13 1 Pet. 2.16 2. The Evangelical bound to Liberty in matters left by Christ indifferent is Expediency by which a thing that is substantially indifferent may be relatively and circumstantially necessary pro hic nunc and becomes bonum aut malum contingens aut respectivum and that is medium officium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a thing lawful in itself becomes unlawful the rule is plain 1 Cor. 10.23 28 29. therefore 1. All actions and therefore indifferent must be directed to the great and general moral end of Gods Glory 1 Cor. 10.31 Rom. 14.6 a man may eat or drink or wear this or that thing indifferently so that it be to God's glory keep a day or not keep it chuse this or that time to pray in for the same ends And hence Election is to be made of indifferencies according to their more or less tendency or aptness to accomplish that great end 2. A second end but subordinate in expediency to be respected is edification of our selves or others 1 Cor. 10.23 and that which respects neither of these ends with at least some tendency is religiously vain as wearing one colour more than another religiously in the worship of God and in one part of worship more than another what doth this conduce to edification by which way if any it should be sublimed to God's glory and to bring vain oblations to God in his worship is abominable to him in all ages of the Church § 5. God hath not by Laws determined particularly all the cases of a Christians Conversation but left many to the management of the judgement of discretion by the rules of expediency which is a skill of discerning between good and evil Heb. 5.12 and between good and better Discretion is the highest pitch of practical Judgement which although it be guided by general rules for attaining the great end yet it takes its particular measures very much from former experiences and the sight of various circumstances and occurrences and accordingly it judgeth what may be more or less expedient in all actions and though in themselves they are indifferently referrable this way or that way yet by that time they are reduced into practice by a Christian's spiritual Reason and Discretion acting from senses exercised Heb. 5.12 there is manifest good or evil at least relative discovered in them or at least put upon them by the said general ends and rules of walking § 6. As strength appears most in the management of a man's self according to the rules and observances of discretion so weakness in the failure hereof is most discoverable and by an accumulation of these little failures a Christian doth exceedingly miscarry and Profession becomes very much disparaged § 7. Hence indifferent actions may become offending grieving and scandalizing unto others by reason of some external accident temporal or local respect and so may be unlawful by the rules of expediency for that which certainly is not expedient is unlawful though degrees are to be admitted in this case § 8. As the scandalizing others is a mischief that makes an indifferent action unexpedient so also the betraying our own Liberty Paul in his acting kept a watchful eye here when he found that some designed by an indifferent thing to bring him into bondage he gave not the least place to them as in the matter of the Circumcision of Titus Gal. 2.3 4. We are to stand fast in our Liberty and not to be enthral'd in bondage though it be but by the doing an action in itself adiaphorous § 9. Whatever is not of Faith is sin and the necessity of every action or forbearance must appear to every mans Conscience that he may do or forbear believingly in all religious concernments therefore all absolute necessities must be bound on his Conscience by the knowledge of some Law positively commanding or forbidding And all relative necessities i. e. indifferencies circumstantial must arrive at Conscience with their Expediencies which must be the ballance of Election in things equally good in themselves their comparative goodness must be respective or evil must make some appearance to the judgement of discretion and a Christians freedom in the exercise of the said judgement according to the several cases he meets withal is his Liberty which Christ hath purchased and a Christian cannot be deprived of jure by any Exotick Law § 10. Where things are absolutely indifferent and there is no apparent respective difference between adiaphorous things it 's a Christians liberty to take the one or the other he sins not against any rules of Expedience in taking either for both are lawful and expedient enough neither do I know why any additional Law should make him a Transgressor in chusing or refusing of either in matters of Religion for an action or thing may be equally lawful and expedient morally which for some other reasons may not arising from Nature his own inclinations or some other small attending circumstances of which it may not be fit to give an account to any humane Authority as the Transgressor of any Law § 11. As particular persons by the rules of Expediency may judge of things indifferent to prefer one before another according to their respect to know precepts or to chuse one before another arbitrarily where there is no difference in compared respects So particular Churches and Congregations have the liberty of using their judgement of discretion in matters of indifferency and are to walk by rules of Expediency for Time Place and external Accommodations but cannot make any binding Law to themselves or others because those things are alterable
in their circumstances and therefore cannot be determined but pro hic nunc and must be liable still to no other judgement than that of Discretion Those things that Christ hath left under it cannot by humane Laws be removed from it therefore indifferent things may be agreed on by common consent in Congregations or by the Officers thereof according as the expediency or conveniency appears unto them and for so long and no longer Hence they cannot undergo the Title or Denomination of a Law but onely of prudential Rules which have no binding reason for observation but the continuance of the agreeing circumstances as it may be judged most convenient by the Church to assemble at such an hour so long as the days are of such a length but when that circumstance alters then it may be more convenient at another Many such instances may be given and no Church can walk comfortably as long as any Authority undertakes to prohibit them of this liberty of their Prudentials in all such matters of circumstance and alterable appendixes to the worship of God CHAP. XII Wherein is handled the first Question about things Indifferent § 1. THe first Question that seems to offer itself to be so this Whether a religious Gospel-Indifferency ceaseth to be so when any thing is positively and certainly determined as to its practice by humane Authority Explic. By religious Gospel-Indifferency I understand as before-mentioned any thing or action which circumstantially adheres to the worship of God and may be used or omitted or altered according to the judgement of discretion without any transgression of a Law of Christ Again this we acknowledge that a thing may be determined as to Expediency by a Society or lawful Authority but not imposed as a standing and binding Law but being commended by the judgements of many concurring conscientiously studious of the minde and will of Christ it carries the more force along with it to perswade us at least to present acting till by further and greater illumination we be otherwise enclined Nay if any thing be determined by those that are in Authority and proposed as their judgement according to their light received not Magisterially but Demonstratively onely convincingly enough as to the Expediency it carries with it the force of a Law unto Conscience not of man but of God man being a Candlestick onely to hold forth that Light and binds it to submit thereunto But otherwise if men in authority undertake to make a Law that a thing in itself by Christ's Law left indifferent i. e. to Christian discretion to do or omit shall become an absolute necessity or an expedient necessity and according to their will and opinion binde Inferiours to the constant practice of this by a penalty We affirm that a religious Gospel-Indifferency notwithstanding all humane authoritative determination changing it into a necessity keeps its pristine indifferency and remains the same to a Christians Conscience and practice The proof of this Assertion follows § 2. Argum. 1. That power that can change Gospel-indifferencies into Gospel-necessities can also change Gospel-necessities into Gospel-indifferencies but no humane Authority can do the latter Ergo not the former The Assumption will not be denied by any Protestant it being a presumption of the highest nature for humane authority to pretend to dispense with or null any of the manifest Laws of Christ The Major is also evident because it must be an Authority of the same kind to make and null a Law of the same kinde If it be said a humane authority may make a Gospel-indifferency necessary genere civili the Answer falls far short for we speak of Laws of the same kinde having equal force upon the Conscience for a Civil Legislative power can as well null any Law of a civil nature onely as it can make it So if Man could make Moral Laws he might as well null those which he hath made or dispense with them at pleasure as make new We must always allow a Soveraign Prerogative to Supream Law-givers in any kinde as to promulgate so to abrogate or dispense with their own Laws at pleasure And if it be said that those Laws that man makes concerning the use of indifferent things necessarily in the worship of Christ are civil onely being onely for decency splendor c. I reply that it cannot be so in the nature of them for it 's the respect and end of a thing that gives it its specifical denomination when it hath none such absolutely considered that which respects and aims at the Gospel-worship of Christ or pretends so to do is or should be a part of Gospel-worship as kneeling is an indifferent gesture a man may kneel when he doth other things besides acts of Worship or according to the Law of Christ he may kneel or stand or use another posture in Worship but when this or that gesture is applied to Worship it 's religious by its Respect Vse and Application but still of an indifferent nature under the Laws of Christ till by some binding Law the Conscience becomes bound up to the use of it in this or that part of Worship Now he that undertakes to binde Conscience here undertakes to make a Law for Christ and to entrench upon the Prerogative of Christ and that such that make such Laws do claim such a power is manifest because they make obedience unto such Laws necessary by vertue of a Law of Christ Let every Soul be subject to the higher power § 3. Argum. 2. If the nature of an Evangelical Indifferency may be changed jure into an Evangelical Necessity by any power besides Christ's then it must be because it 's Evangelically evil that this or that should remain indifferent which Christ hath left so or at least better for the honour of Christ and good of his Church that it should become a necessity i. e. a commanded good or prohibited evil than indifferent to be disposed by the discretion of particular Churches or Christians but there is no true Evangelical Indifferency that hath such a reason for the change of it into a necessity Ergo the reason of the Consequence is this because whatever is altered by a Law is supposed to be altered from worse to better and what is altered by a Law for Christ is or should be made more for the honour of Christ and therefore far better than it was before but it cannot be supposed that any thing that this wise Law-giver left in indifferency to practice or omit according to the judgement of discretion should be more for his honour if it were converted into a necessity by a Law for to say so would be a high impeachment of the wisdom of Christ as it is of a King and Parliament when any shall presume to say they have not made such Laws as are needfull to be made and have left the Subject under a greater liberty than is for the good of the Commonweal or honour of the King To say
will upon false supposition allow the Popish Constitution or something like it As for Oecumenical Councils we see what insuperable difficulties have attended the calling of them in all Ages the just grounds of Exceptions in many things of the Determination of doubtful cases in Doctrine and in almost all they have done in their pretences to a Law-making Power in matters of Church-Order and Discipline We have not any ground to believe that Christ hath entrusted any Officers of his Church with a Catholick Power since the Apostes days and such as have pretended to it have always bin opposed by the purest and most reformed part of the Church and whatever mens attempts be or may be they will never finde a Catholick Ecclesiastcal Power here on Earth without a new manifestation of the Son of Man which can exercise such a power of changing Indifferencies into Necessities by a Law wherein the Minds and Consciences of particular Churches and Christians will or may rest satisfied to submit unto in active Obedience It 's as irrational to affirm that Christ hath committed such a power to particular Churches i. e. of making binding Laws Sub poenâ for other Churches or for their own Members or Churches subordinate to them not for other coordinate Churches will they say Christ never gave coordinate Churehes a coercive Power one over another for then all would aspire to Rule and none be Ruled for the power would belong to one as well as another And if any say as the Papists do that Christ hath advanced one Church in Dignity and Jurisdiction over all the rest let them prove it to the conviction of any intelligent Christian and they will do more than the Papists have done ever since their pretence thereunto But it will be pleaded by the Protestant party that Christ hath entrusted every particular Church with this power whereby it may determine of indifferent things of her own practice To which we answer 1. That Christ hath given no Legislative Power to any Church 2. A Judgment of Discretion to walk by the Rules of Expediency is no more to be denied to particular Churches than to particular Christians But for all this Judgment of Discretion Indifferencies loose not their nature though they may be necessary pro hic or nunc in these or those circumstances and are and must stand capable of dayly Alterations as the case shall require and a particular Church may determine of this or that part of the Indifferency as most expedient and so long as the Reasons thereof last it may be in some measure binding unto particular mens consciences but the Reasons ceasing the continuance of the Canon in force in foro Ecclesiae will binde no mans Conscience yea every one will complain of it as a needless Imposition neither will any noble-minded Christian be a Servant to the Wills and Humours of Man or sell the Birth-right the Liberty that Christ hath purchased for Pins and Points neither is it a sufficient Rule for Discretion to walk by because the Church commands and gives no Reason from the Law of Christ for it Besides What Church hath this power committed to them a Parish a Diocess a Province No 't will not be granted of either of them The great Assertors of this Power will say That it belongs to every National Church to make Laws in matters of Indifferency and so ordain their own Ceremonies This is an Assertion that introduceth a whole herd of Absurdities with it For first What is the great end pretended of such Laws but the making of Vniformity in the Church What is more destructive to it than this that every particular Church should be Independent and make Laws within themselves whereas one will ordain Ceremonies of one kinde and another of another and there will be as many sorts of Ceremonies as there are particular Churches Is not this the great exception against the Dissenters from Prelatical Churches that the particular Pastors of each Congregation set up for themselves and Exercise Jurisdiction within themselves without dependence upon any Superiour Power There is no avoiding it upon this Hypothesis but National Churches must be reckon'd Independent Churches 2. Did Christ commit any such power to any such Churches on Earth 3. Again If National Churches may exert such a power then they may make binding Laws to all Subordinate Churches viz. Provincial Diocesan Parochial and if so then for this Reason because they are more comprehensive Churches including the less Then by the same Reason the most comprehensive Church viz. the Catholick should give Laws to the National and for a greater and more eminent end viz. to promote an Vniformity Catholick for if a National Vniformity be so splendid and so much conducing to the bene esse of the Church then a Catholick much more § 4. Argum. 3. To make a Law contrary to the revealed Will of Christ is unlawful and Sinful But for the Church by a Law to change Indifferencies into Necessities is to make a Law contrary to the revealed Will of Christ Ergo. The Major is granted for these Law-makers say they do not by their Laws establish any thing contrary to the revealed Will of Christ for hath he any where forbidden such Ceremonies We proceed therefore to the proof of the Minor If all Necessities in the Worship of Christ be made so by Christ's Will revealed and all Indifferencies become such because they are not restrained under Christ's Law then they are so because Christ would have them to be so For a Christian can take no measure of Indifferencies but by the Law of Christ for he cannot know them but by knowing the Law binding unto Necessities by Commands or Prohibitions So that Indifferencies are made so by the revealed Will of Christ as well as Necessities and the same Law that makes the one thing a Necessity makes another an Indifferency and Christ in his Wisdome sees it best for his Gospel-church that it should be so and he that undertakes to make these indifferent things necessary enters upon a high presumption no less than the altering the moral Nature of a thing constituted by the revealed Will of Christ and what is this less than making Laws contrary to the said Will of Christ That is only necessary in the Worship of Christ which he hath made so and that indifferent which he hath left so by his Will an Indifference in his Worship is no other than something not necessary in his Worship for there is no medium they are adversa Therefore he that wills something to be necessary which Christ willed not necessary doth will something contrary to the Will of Christ by all Rules of Logick and right Reason in the world I know it will be answered That they do not alter the nature of the thing it remains as it was but this or that determination for practice is to be obeyed when it is commanded as the Father commands a Child to take up a Pin it 's an
indifferent thing to take it up or let it alone but because of the Fathers command he is bound to do it Ans It 's true because there is a command of Christ that enjoyns the Child's Obedience in all lawful things and therefore upon the Fathers command it becomes necessary that the child yield Obedience but this is but a command for one particular action and therefore under Expediency If the Father should make a Law that one child should pick straws all his days and another play at push-pin such Laws would become null in the nature of them but there is nothing more absurd than to affirm that they alter not the nature of the thing for what can alter it more than to lay it under a Law when a thing was indifferent unto practice before to make it necessary as to practice when it was lawful before to make it unlawful We have shewed that Necessities and Indifferencies are but relative in respect of the Law and he makes a Law that gives things contrary relations and respects to what they had before alters the nature of the thing as much as a Law can and makes one Law contrary to another Men do but trifle that plead that things are not made necessary in the Worship of God when the practice of them are enjoyn'd under the greatest Church-penalties what 's greater than Excommunication yea pecuniary Mulcts Imprisonments Deprivations c. yea and Offenders against the Laws persecuted with greater rigour than those who live in the constant and open Transgression of Moral and Gospel-Precepts § 5. I may take another very plain medium to prove the Minor thus He that makes a thing unlawful either to be done or left undone which Christ hath made lawful by his Law doth that which is contrary to the Word of God but he that changes Indifferencies into Necessities doth so There is nothing more plain than the Major for to make a thing unlawful c. Lawful and unlawful being contradicentia and he that by a new Law renders that unlawful for my practice which Christ's Law hath rendred lawful doth a thing e Regione contrary to the Law of Christ For the Minor it s as evident for by the Law of Christ the indifferent action was lawful for me to do or omit as to eat such a sort of Meat or keep such a day or wear such a garment but there is a new Law of the Church comes which now makes it unlawful for me either to do or not to do those things for he that makes a Law binding always to the practice of either part of the indifferency makes the other part unlawful which antecedaneous to this Law was lawful Now the Church of Christ cannot make that unlawful which he hath made lawful for they may as well make that lawful to do or omit Again If the Church may make that unlawful which he hath made lawful then she may take away the Relative Goodness that is in any part of an indifferent action by the Rules of Expediency and stamp upon it a positive evil which is contrary to what Christ hath done c. Again Nothing can be Ecclesiastically and therefore Religiously unlawful which is not made Ecclesiastically and Religiously Evil and nothing can be so Jure but by the Will of Christ no more than any thing can be Ecclesiastically good and necessary without the said revealed Will of Christ § 6. Argum. 4. The Church is not capable of a Law-making Power Ergo. I prove it thus He that cannot jure or de facto annex a Punishment in some measure correspondent to the nature of the Offence that will be committed against that Law cannot make such a Law as if a Corporation under the King makes a Law to hang or burn in the hand for some Offence which they have no power to do then that is null The Major is very plain But the Church cannot de facto or at least de jure Execute such penalties as are correspondent to her Laws for they being Ecclesiastical are of a Spiritual nature belonging to the Worship of God and therefore the Lawmaker will still have the first stroak of his Law fall upon Conscience by binding it under guilt where was ever any truely enlightned Conscience ever bound under guilt for transgressing a mere Church-Law in matters of Ceremony Secondly They cannot de Jure annex and execute the Penalties of Exclusion from communion as Christ never made a mere Ceremony the condition of communion so he never threatned the Non-observation with Non-communion Let any Precept or any Instance be given of this nature that any suffer'd Church-censures under the New-Testament for Non-observation of a Ceremonial Law Thirdly As for other Penalties which we call Secular as Whipping Imprisoning Fining Confiscating we know the Church hath nothing to do with them they were never in the power of the Church nor never will be § 7. Argum. 5. That Law which directly and unavoidably hinders much good and causeth much evil in the obediential Subjection thereto ought not to be made by the Church but to change religious Indifferencies in the worship of God into Necessities doth so Ergo. The Major is undeniable for though a good action may per accidens hinder some other good and cause some evil yet it doth not so directly and in its true constituted nature but good actions produce good effects as evil actions evil So the Tree is known by its Fruits The Minor that such a change works such ill effects is thus proved 1. Because it hinders the most expedient use of an action left by Christ indifferent to be determined by the Judgement of Discretion whereas the Expediency by Christ's prescript may lye in the contrary part of the action wherein a goodness is placed by the Churches Law and an evil placed in that part of the action wherein there is a goodness by Christ's So that the Churches Law cannot have universal Obedience yielded to it without sin because when Christ's expediency falleth on the part contrary to the Law it will be sin to obey the Church As for Example It 's an indifferent thing which way we turn our Faces in the worship of God East West North or South the Church makes a Law the Minister must turn his Face toward the East in such a part of Worship this hinders the expedient use of that posture 1. It hinders from turning that way which is most for Edification and causeth the Minister to turn his back to the people which is very unexpedient It may confirm a Jew Pagan or Papist in their Superstitious Observances to observe us to do thus de industriâ out of a strict observation and therefore then unexpedient 2. It hinders much Good because it frustrates Christs Ends in the management of Religious and Ecclesiastical Affairs For Christ manageth all those by Necessities and Indifferencies in willing and requiring a necessary Obedience to his positive Laws and an indifferent use of indifferent things
it is not to be doubted but that a Christian professing people gathered together in the Name of Christ injoying the Ministry of the Word and Sacraments in purity are a Church of Christ and uniform with all the Churches of Christ without any distinction by this or that Name of Singularity or any Ceremonial Appendixes § 12. And whereas it is pretended that a full and free Conformity in Ceremonies would be the only cure of all our Differences and Divisions Let all Ages witness if any will but impartially enquire what hath been the Grand Cause of all the Factions Breaches Divisions and Schisms in the Church yea and Ecclesiastical Persecutions ever since the Primitive Times it will be found to be the Usurpation of this aforesaid Legislative Power of Christ by some or other and still all the excuse that is made for it is that they assume this Power only in matters of Indifferency and what pretence can any make to a Legislative Power in things necessary already determined by Christ to one part there is no place for a Law in such things unless it be to ratifie or to null the Law so that what Legislative Power is exercised of this kinde must be in matters of Indifferency only i. e. which are so in relation to Christ's Law antecedently to man's Law but by the supervening of such a Church-Law it becomes in kinde Ecclesiastically necessary it being enjoyn'd as to practice under Penalties annexed and it 's no new thing with some sort of men to call necessary things indifferent and indifferent necessary and thereby take occasion to justifie their presumptions when they make Laws even abrogatory to the known Laws of Christ And if weak Brethren as they are apt in derision to call them either take any just exceptions against them pleading their Liberties or it may be from a mistaking judgment are apt to call indifferent things necessary and therefore out of tenderness of Conscience refuse to yield acts of Obedience they are so far from having compassion on their tenderness that they exact the said Law-penalty with greater violence and rigour than they do any that doth directly concern the Glory of Christ established by himself § 13. The greatest Plea that I know can be made for matters of this kinde is the power that Oecumenical Councils have taken upon them especially in the Primitive Times even in the Apostle days and in the first second and third Centuries of the Church especially To which I answer First If the Foundation of this Authority lie in Oecumenical Councels let never any of these Church-Statutes be made and imposed on the world but by them and let not every particular National Independent Church take upon her to make Penal Laws and gull the World into a submission to her Authority by her saying she is The Church as if she were the Catholick Church and Mother-Church Secondly I question whether there were ever any true Oecumenical Council at all much may be said against the best that is pleaded for since the Apostles days and it is easie to prove that Assembly at Jerusalem held by the Apostles and Brethren to be none in the sence intended which is that the chief Officers and Representatives of every particular Church in the World meet together with a determinating Power in matters of Doctrine and with a binding Legislative Power in matters of Discipline and Ceremony Now it will appear that that Assembly was not so though there were more reason for its being so than for any other Assembly being so neither ever was there any Assembly so impowred in the world of that nature § 14. That that Assembly Acts 15.28 was no Oecumenical Council is easie to judge for there were but the Representatives of two Churches Jerusalem and Antioch and they of Antioch came to ask counsel and to be resolved in matter of doubt of the Apostles residing most of them at present in Jerusalem 2. The case in question was argued in foro Ecclesiae particularis and the Apostles making the minde of Christ manifest to that Church have the consent of the Brethren to their determination and sent it forth in and with the Authority of the Holy Ghost 3. The Apostles and Church of Jerusalem changed no Indifferencies into Necessities but enquired after and found out the Will of Christ concerning the present Infant-state of the Gospel-church in some matter of things necessary of two sorts some Absolutely and Morally so others expediently so for that time First Absolutely such as Abstinence from Fornication and things offered to Idols Secondly Respectively only and that in the behalf of the believing Jews coming lately from that Pedagogy that they might not be scandalized or grieved at the freedom of the Gentiles and therefore that the Gentiles should then abstain from things strangled and Blood Now no sound Interpeter will say that this Canon was binding to the Church semper ubique but in behalf only of th Jews who could not so easily at present be brought off from the whole of Judaisme and 't is likely by this concession the Apostles got off the Jewish Believers from many Ceremonious Observations which they stood upon besides or at least abated their edge towards them And therefore the Decree was but as to a necessary Expediency for a time which the Apostle Paul fully explicates who was well acquainted with the Minde of Christ and the Judgments of the Apostles Elders and Brethren in these matters § 15. As we have little evidence for an Oecumenical Council exercising a Legislative Jurisdiction in the Church so we have as little ground for such sorts of Officers as are contended for in the Church of which such Councils as they are pleaded for should principally consist which are Patriarchs Metropolitans Archbishops Bishops Priests and there being not such Officers in the Church by Christ's Institution there is no such Power to be exercised in the said way and manner of Legislation neither may they jure proceed so far as to Execution of any Laws established by Christ being not lawfully commissionated with a Gospel-power If this Assertion be proved I doubt not but it will be granted that there is no Legislation to be exercised in the Church the present Assertors whereof challenging this Power only on the behalf of the said Officers I lay down two things by way of proof 1. That there is no such Officers to be found in the Gospel of our Lord and Saviour as a Pope a Patriarch a Metropolitan an Archbishop a Diocesan Bishop a Parish-Priest no Dean Prebends Canons c. the Scriptures are altogether strangers to all those Ecclesiastical creatures Christ and his Apostles knew nothing of them but prophetically in the foresight of the rise of the Kingdom of Antichrist In this Point I should deal with two sorts of men the Papists and the Protestants As for the Papists the case hath been fully managed over and over against them that there is no such Supreme Officer in
any authority granted by Christ challenge to himself a Legistative power in religious matters touching Faith or Worship he cannot null or dispense with one of the Laws of Jesus Christ neither may he make any new Laws to binde us to believe any thing more concerning God than is manifestly by his Word revealed or binde us to practice any alteration or addition in the Worship of God more than what Christ himself hath enacted This we have sufficiently proved in handling the Doctrine of Indifferency § 8. Fourthly No civil Magistrate can by any deputation from Christ claim an Executive power of the Political Laws of Christ in his Church for as Christ hath his own proper Laws in his Church his militant Kingdom distinct from other Laws for the right and exact Gospel-management of all his Political affairs therein and is more faithful than Moses in that very respect so he hath set in his Church his own Ministers and Officers distinct from all other sorts of Officers and Ministers in the world As Christ's Ministers are no civil Magistrates as such so no civil Magistrate is a Church-Minister as such Hence as a civil Magistrate hath no power to execute Christ's Political Laws or Institutions in his Church so he hath no power to execute any moral Laws in the Church i. e. he cannot punish a criminal offence by Ecclesiastical censures The moral Law runs through all Societies as the natural fundamental Rule to discern Good and Evil and Political Laws of all sorts should mainly respect it as the Standard and Magna Charta of all Laws and Justice which in respect of it are derivative though every particular Polity hath its own proper way and manner of distribution of moral Justice The civil State by a civil political Administration and Magistracy Families Oeconomically by the Heads thereof the Churches Ecclesiastically by its Pastors and other Officers all endeavouring by their distinct way and manner of Administration to secure the honour and justice of the Moral Law but none of these are to intermix their governments and political way of distribution seeing the God of Order hath fixed each one to his proper station and limit of jurisdiction Hence the civil State can no more punish the breach of moral Laws Ecclesiastically than the Church can punish them civilly and the Church can no more use the Magistrates Sword than the Magistrate can the Churches and vice versa neither can the Church or civil State punish the breaches of the moral Law Oeconomically any more than a Master of a Family as such can punish them Ecclesiastically or Civilly and upon that account may take upon him to be Magistrate or Pastor And though there was a mixture or rather conjunction of these Authorities in the same person in the infancy of Polities yet they have been separated in distinct persons by God himself for many Ages neither do any persons bearing distinct Offices make the Offices the same or necessarily mingle them in the performance of their several Functions § 9. Fifthly It is not in the power of the civil Magistrate or any humane Laws to binde or loose Conscience As Magistrates cannot reach it directly to charge it with either duty or guilt so it 's the greatest piece of Tyranny to attempt it by Penal Laws whereby Christians may be drawn in to ensnare their Consciences in guilt by sinning against God for fear of Man and a Christian is to obey the just Laws of man for Conscience sake i. e. for the Lords sake It is extrinsick to the Laws of men to binde Conscience it 's God that by his authority gives them a mediate Sanction and binds them on Conscience but where God lends not to humane Laws his binding power they are of no more force unto Conscience than Wit hs to binde Sampson It 's not the wit or strength of all Men and Angels that can binde one Conscience under guilt without a Law of God or divine authority to give force to humane their Penal Laws i.e. corporal Punishments or pecuniary Mulcts are very indirect and vain Mediums to enforce Conscience and very sinfully applied by Magistrates or others for that end in matters of Faith or Worship § 10. Sixthly That the supream Magistrate hath not the determination of Causes meenly Ecelesiastical and these are of two sorts either controverted Doctrinals or Causes disciplinary controverted for by Causes are to be understood here things under dispute and they controverted Doctrinals or under debate and they controverted Causes disciplinary and those Ecclesiastical things which are of this nature fall under one of these heads Doctrinal or Disciplinary First In doctrinal Causes controverted the Magistrate is not appointed by Christ as Judge neither is he a competent Judge 1. If he be quatenus a Magistrate then every Magistrate is a competent Judge and then a Heathen Mahometan or Heretical Magistrate and then you 'll say the determination must needs be very sound and good 2. Again how few Christian Magistrates are studied enough in Polemical Divinity being not bred to that learning or having so many recreations and secular concerns to divert them from it so as to be fit to have the ultimate determination of the most difficult and weighty points that learned Scholars in Divinity yea such as are studious and conscientious Christians after long study scrutiny and prayer cannot attain to a right understanding of so as to demonstrate the truth to the full and clear satisfaction of themselves or others Is it fit to make an Assembly of Divines Judges of a great and difficult case in Law There is the same reason for one as for the other 3. What determination a Magistrate makes dogmatically it 's simpliciter but his private Judgment and Opinion though he be a publick person And why should any mans private opinion be he what he will in the world be a binding Rule to the Faith of another in matters of Religion 4. It 's impossible that it should be so for man cannot make a Law to bound Faith in such things as are not founded on the light of Understanding and where they are so founded no man believes because of the Law of man but because of the evidence of Truth What Law can make any man believe that two and three make six but if it be that we must believe that three and three make six we do believe it but not because of the Penal Law but because of the evidence the Truth carries with it Non lex penalis sed veritas est ratio formalis fidei 5. The Faith of a Christian or the Understanding of a Rational man can no more rest in the opinion or determination of a Christian Magistrate without a sufficient light of Truth to convince him than in the opinion and determination of another man for he that tenders the honour of God and loves Truth cannot receive that which he is convinced of or at least suspects in his most serious judgment to be
Christians are liable to such Laws then it 's lawful to erect a ceremonial Law under the Gospel for what is a Law of or for a body of Ceremonies but a ceremonial Law But Christ would never pull down one ceremonial Law by his death for man to erect another and pull down one Jewish and leave it lawful for man to erect one more heathenish would he abolish one ceremonial Law of divine Institution and leave it to man to establish a new one of his own devising yea a thousand ceremonial Laws of as many sorts as there are several Churches and Ages in the world It 's a most absurd and untheological conceit that a ceremonial Law is consistent with the state of the Gospel wherein all Vails whatever is removed from the Lord Jesus besides the vail of his flesh neither is the Spirituality of his Ordinances to be clogged with such a bulkie mass of fleshly Institutions § 5. Arg. 3. If we be not liable to an imposition and enforcement of Christ's own by a temporal Penal Law much less liable to such imposition of ceremonies by Ecclesiastick or other authority for all imposition is by a Penal Law but we know Christ never made any Penal Law to be Ecclesiastically administred thereby to enforce men to Baptism and receive the Supper His people that submit to his Ordinances must be willing and free whereunto they are brought by enlightning the Understanding and perswading the Will as the great end of the Gospel preached Those that will say otherwise must justifie the Spaniards in America in bringing the poor Indians to their baptism by force The claim that any make to the use of the Magistrates Sword or force of Arms to prevail with men to submit to any things pretended to be spiritual is of like nature and will fall under the like condemnation And how much worse by the Rule of Proportion must that needs be to enforce ceremonies of humane institution than those of divine Would not Christ give such a power to the Church to enjoyn his own institution under Corporal or Penal Mulcts how much less will he bear so great an usurpation for any to erect a body of ceremonial Laws with Penalties annexed thereby to enforce them on the Consciences and practices of others The Argument stands very fair and forcing from the greater to the less That power that cannot justifie the imposing any of Christ's own Ordinances on men even on unregenerate and no visible Members cannot justifie the imposing humane Ordinances on the visible Members of Jesus Christ but no Power can justifie the imposing any of Christ's Institutions by a Penal Law c. Ergo there is none can pretend to defend any such proceedings by any plausible Argument from Scripture or right Reason § 6. Arg. 4. If the Church is liable to the imposition of Ceremonies not instituted by Christ it 's either to the imposition of insignificant or of significant It 's not subjected to the imposition of insignificant i. e. of childish or irrational empty ceremonies of no signification for this were to mock God and imitate the Heathens in a gross manner to use antick gestures and actions in God's solemn Worship of which there can be no plausible reason pretended therefore such things are absolutely vain and unlawful 2. For significant Ceremonies Church-powers cannot impose them 1. Because none may devise and enact such into a Law at pleasure 2. None can pretend sufficiently to the signe and thing necessarily requiring signification thereby in Christ's Worship but Christ himself A significancy in divine service must be such as Christ would have no other he will not have such things signified as are heterogenious to his service and homogenious things onely may be represented by homogenious signes and who can determine such but the most wise Legislator and King of his Church 3. Significant Ceremonies are so by virtue of adaptation of a signe by some Law to the thing signified and they are either Moral or Instituted Moral and natural are such wherein there is a natural or moral relation between the signe and thing signified or at least acquired by use and custom as bowing the body and uncovering the head of reverence and subjection c. and there is nothing in this kind necessary to be done in the Worship of God which is not already done for if Christ had seen a necessity of any more ceremonies of that kind he would have annexed them Again ceremonies of limited Institution are not to be imposed for such are either Typical or Sacramental 1. There can be no Typical Ceremonies under the New Testament because the Body is come and the Shadows must flie away 2. Nor can there be any Sacramental Ceremonies instituted for herein lies the exercise of Christ's Prerogative to institute Sacraments neither doth he enforce the use of any by corporal or pecuniary Penal Laws 3. A Sacrament according to the Church of England is a visible signe of an invisible Grace in which sence all significant ceremonies should be Sacraments as the Surplice a signe of inward Purity but they that have not power to give the thing signified as well as the signe have no power to make a Sacrament which Christ does in all his 4. A Sacrament is not every significant sign in divine things but such a ceremony as is a federal signe and seal such was Circumcision and the Passover of old Baptism and the Lords Supper under the New Testament such though humane Innovatious is the Cross in Baptism and the Ring in Marriage for they are consecrated Ceremonies significant and federally obligatory which appears by the Churches institution of them But there may be no Sacramental ceremony instituted by the Church this would be a gross addition to Christ's Sacraments annexed to the New Covenant which must not be altered nor have any new ones superadded for if any humane power may increase the number of Sacraments viz. to three or four they may go to seven with the Papists and why not as well to seventy Those two additional which some Protestant Churches retain they are beholding to Rome for the institution of them Mr. Bradshaw and others hath sufficiently proved that no Church can institute ceremonies of Sacramental significancy and intent and therefore I need not enlarge here upon it CHAP. XXIII Of Obligation to a Form of Prayer § 1. HAving discussed that Question whether a Church or Christian is liable to imposition of Ceremonies it remains now to enquire How far a Church or Christian may be obliged to a Form of Prayer A Form of Prayer is such a Prayer as is premeditated and prescribed by our selves or others as to the matter and form of Petitions and Words constantly and unalterably to be used on times and occasions suiting the matter form and drift of the said Prayer The Question here will not be Whether a Christian may not use a Form of Prayer but Whether it be lawful for a Christian as much
The Catholick HIERARCHIE OR The Divine Right of a SACRED DOMINION IN CHURCH AND CONSCIENCE Truly Stated Asserted and Pleaded Put them in mind to be subject to Principalities and Powers to obey Magistrates and to be ready to every good work Tit. 3.1 Give none offence to Jews nor Gentiles or to the Church of God 1 Cor. 10.32 The spirit of a man is the candle of the Lord searching all the inward parts of the belly Prov. 20.27 LONDON Printed for Sam. Crouch at the Princes Arms in Popes-head-Alley in Cornhil and Tho. Fox at the Angel in Westminster-hall 1681. TO A WORTHY GENTLEMAN SIR WHen the mindes of men are blinded with Interest and Errour or vitiated with Prejudice and Partiality the wonted manner of opposing Truth is fortiter calumniari being not able any longer to defend themselves by subtile Sophistry and cunning Evasions from the convincing evidence and demonstration thereof Hence it must be either stigmatized with terms of Opprobry and Contempt or its right names exposed by a proverbial and malicious abuse to the scorn and derision of the Ignorant and unstable Vulgar most easily by artificial pious Fraud inspired with a fond Opinion and through the enchantment of that Opinion transported into a furious Zeal for or against such things as they never weighed in any balances of right Reason or duely examined the goodness or evil of and hence are carried this way or that way as designing men shall lead them or as the wind of Popularity raises the swelling Surges of boundless Passions and Affections verifying the Saying of the old Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand Opinion more than Truth impression makes On th' Vulgar and as more perswasive takes And truely Sir among good words perverted from the right meaning and abused to Reproach none have been more than those two which the Author of this small Treatise hath dignified his Title-page with A Catholick in our days is become as contemptible as a Puritan formerly or a Phanatick now whenas every good Christian is really a Catholick and doth approve himself so in his Principles and Practice is a Member of the Catholick Church hopes to be saved by the common i. e. the Catholick Faith exerciseth Catholick Holiness in his life and conversation holding a Catholick Communion with all visible Catholicks And this is the Christian that is likeliest to contribute most to the healing the manifold heart and Church-divisions among us And as for Hierarchy it 's well known how our Age hath delivered it up to the infamous usage of scurrilous Tongues and Pens notwithstanding its venerable and never-enough to be admired significancy that the very naming it calls for Reverence and Devotion yea it s very letters and syllables will be a Monument of Renown maugre all the designes of ill-minded men to abandon the Churches glory and to convert all Ecelesiastical Decency and Order into a confused Chaos of phantastical Imaginations or a miscelany of private Humours and Interests And do men know what Hierarchy is that speak so irreverently of it is it not a Sacred Jurisdiction and where is it seated and exercised is it not in the Church and Conscience seats of its dominion so sacred that no Secular Power can aspire unto without the highest usurpation And there is no true Church and sound Conscience in which the Hierarchy doth not exert its power and is not as freely submitted unto with all due homage and obedience And whatever some licentious Protestants may pretend to and raise so much dust of contention about or of whatever Churches of unquoth names and worse natures they profess themselves Members if ever they intend to be saved they must notwithstanding all their religious Huffs at last be found Members of the Catholick Church and be subjected to the Catholick Hierarchy thereof And till this professed subjection become more universal among Christians Religion will still be splitting on the Rocks of Faction Schism and Phanaticism Sir you will finde the principal designe of those few sheets submitted to your judgment is to recommend this Panacaea or Catholick Remedy for the sound healing of of our morbid Church which seems to labour under some Disease not unlike the Microcosmick Scorbet being according to the account of late Physicians a complication of all Distempers or transforming it self Symptomatically into the shapes of all diseases of the Body natural Without doubt our Remedy being prepared and applied S. Artem Spiritualem may contribute towards the recovery of our thrice-honoured but languishing Mother more than all the essential or golden purging Spirit of Cochlear in London can do to the restoring of one Scorbutick body neither is it prepared in every Elaboratory He saith there is one at Westminster can do more towards it than any in England besides He tells me also of one admirable Vertue that it doth wonderfully pacifie the disquieted Archeus of a Body Politick and if it be so I will assure you it 's to be preferred beyond all compare for the plain truth of it is the old Remedies of purging and bleeding do but scurvily agree with it and it 's very apt to Relapses after those rugged Medicines as we finde by sore experience Sir my Friend hath taken some pains out of love to his Country to clear up the nature and demonstrate the necessity of a Catholick Hierarchy though you must not expect to finde that word often mentioned the Vulgar being so apt to start at it as a hard dangerous word pregnant with a Pope Sir I had not obtained leave of my Friend to present these Papers to your view but upon condition that I would apologize on his behalf for the plainness of his Stile saying that he is naturally a stranger to the smooth dresses or high strains of Rhetorick indeed it 's my judgment that the plain truth especially when it acts polemically requires it not but is usually delighted in a garb most like it self and thereby is rendered most acceptable to every good man and solid judgment He likewise humbly desires that you will deliberately read and not suddenly censure any thing as dissonant to truth till you have duely weighed it in it self as in its dependencies and suppositions on which it is built Sir to conclude I humbly crave pardon for the trouble I have given you though I am fully satisfied the subject will not be unpleasant to you whom I know to be an Ecclesiastical Adeptus In respect of your Catholick spirit superlative love to the Church and singular devotion towards the Hierarchy That you may long live and continue in the same minde and practice and many follow your worthy Example is the devout Prayer of SIR Your most humble Servant Catholicus Verus The CONTENTS Chap. 1. OF a Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto Chap. 2. Of a Legislative and Executive Power Chap. 3. Of Christ's immediate Legislative Power Chap. 4. Of Christ's mediate