higher powers Rom. 13. 1. or Honour father and mother Exod. 20. which commaundements binde vs in conscience to performe obedience to the good laws of men As S. Peter saith Submit your selues to euery humane ordinance for the Lord 1. Pet. 2. 13. that is for conscience of God as he saith afterward v. 19. wherby he signifieth two thing first that God hath ordained the authority of gouernours secondly that he hath appointed in his word and thereby bound men in conscience to obay their gouernours lawfull commandements If the case fall out otherwise as commonly it doth that humane laws be not inacted of things indifferent but of things that be good in themselues that is commanded by God then are they not 〈◊〉 properly but divine lawes Mens laws intreating of things that are morally good and the parts of Gods vvorshippe are the same with Gods laws and therfore binde conscience not because they were inacted by men but because they were first made by God men beeing no more but instruments and ministers in his name to revive renew and to put in exequution such precepts and laws as prescribe the worship of God standing in the practise of true religion vertue Of this kind are all positiue lawes touching articles of faith the duties of the morall law And the man that breakes such lawes sinnes two waies first because he breaks that which is in conscience a law of God secondly because in disobaying his lawfull magistrate he disobâ—… the generall commandement of God touching magistracie But if it shall fall out that mens lawes be made of things that are cuill and forbidden by God then is there no bonde of conscience at all but contrariwise men are bound in conscience not to obay Act. 4. 19. And hereupon the three children are commended for not obaying Nabuchadnezzar when he gaue a particular commandement vnto them to fall downe and worship the golden image Dan. 3. Moreouer in that mans law binds onely by power of Gods law hence it follows that Gods law alone hath this priuiledge that the breach of it should be a sinne S. Iohn saith 1. epist. 3. Sinne it the anomie or transgressioÌ„ of the law vnderstanding Gods lawe When Dauid by adulterie and murder had offended many men that many waies he saith Psal. 51. against thee against thee haue I sinned And Augustine defined sinne to be some thing said done or desired against the law of God Some man may say if this be so belike then we may breake mens laws without sinne I answer that men in breaking humane lawes both may and doe sinne but yet not simply because they breake them but because in breaking them they doe also breake the law of God The breach of a law must be considered two waies First as it is a trespasse hinderance iniurie damage and in this respect it is committed against mens lawes secondly the breach of a law must be considered as it is sinne and so it is onely against Gods law The second point namely How farreforth mens lawes binde conscience I explane on this manner It is all that the lawes of God doe or can doe to binde conscience simply and absolutely Therefore humane laws bind not simply but so farre forth as they are agreeable to Gods word serue for the coÌ„mongood staÌ„d withgood order and hinder not the libertie of conscience The necessitie of the law ariseth of the necessitie of the good end thereof And as the end is good and profitable more or lesse so is the law it selfe necessarie more or lesse Hence it followeth that a man may doe any thing beside humane lawes and constitutions without breach of conscience For if he shall omit the doing of any law I. without hindrance of the ende and particular considerations for which the law was made II. without offence giuing as much as in him lieth III. without contempt of him that made the law he is not to be accused of sinne Example In time of warre the magistrate of a citie commands that no man shall open the gates the end is that the citie and euery member thereof may be in safetie Now it falls out that certaine citizens beeing vpon occasion without the citie are pursued by the enemie and in daunger of their lifes Herupon some man within openeth the gate to resâ—…e them The question is whether he haue sinned or no. And the truth is he hath not because he did not hinder the ende of the law but rather further it and that without scandal to men or contempt to the magistrate And this stands euen by the equitie of Gods word God made a law that the priests onely should eate of the shewbread now Dauid being no priest did vpon vrgent occasion eate of it without sinne If this be true in Gods law then it may also be true in the lawes of men that they may in some cases be omitted without sinne against God Neither must this seeme strange For as thâ—re is a keeping of a law and a breaking of the same so there is a middle or meane action betwâ—â—ne them both which is to doe thing beside the law and that without sâ—â—â—e To proceede further mens laws be either civill or ecclesiasticall Civill laws are for their substance determinations of necessarie and profitable circumstances tendâ—â—â— to â—â—hold and maintaine the commandemâ—… of the 〈◊〉 〈◊〉 More specially they prescribe what is to be doâ— and what is to be left vndone touching actions both civill criminal touching offices and bâ—rgines of all soâ—â—â— c. yea they conclude inioyne commaÌ„d not onely such affaires as be of smaller importaÌ„ce but also things actions of great waight tending to maintaine common peace civill societie and the very state of the common wealth Now such laws binde so farre forth that though they be omitted without any apparanâ— sâ—â—ndal or contempâ— yet the breach of them is a sinne against God Take this example A subiect in this lande vpon pouertie or vpon a couctous minde against the good law of the land coines money which after ward by a sleight of his wit is cunningly conuaied abroad into the hands of men and is not espied Here is no euident offence giuen to any man nor open contempt shewed to the lawgiuer and yet in this action he hath sinned in that closely otherwise then he ought to haue done he hath hindered the good of the common wealth and robbed the soueraigne prince of her right Ecclesâ—sticall lawes are certaine necessarie and profitable determinations of circumstances of the commaundements of the first table I say bâ—â—e 〈◊〉 because all doctrines pertaining to the foundation and good estate of the Church as also the whole worshippe of God 〈◊〉 〈◊〉 downe and commaâ—nded in the written word of God and cannot be prescribed and concluded otherwise by all the Churches in the world Aâ—â—or the Creedes and Confessionâ— of particular Churches they are in substance Gods word and they binde not in conscience by any power
wherein God would be worshipped Arg. 3. God hath giuen a liberty to the conscience whereby it is freed froÌ„ all lawes of his own whatsoeuer excepting such lawes doctrines as are necessary to salvation Col. 2. 10. If yee be dead with Christ ye are free froÌ„ the elemeÌ„ts of the world Gal. 5. 1. Standye in the liberty wher with Christ hath freedyou and be not againe intangled with the yoke of bondage Nowe if humane lawes made after the graunt of this libertie bind conscience property then must they either take away the foresaid libertie or diminish the same but that they cannot doe for that which is graÌ„ted by an higher authority namely God himself cannot be reuoked or repealed by the inferiour authoritie of any man It is answered that this freedome is onely from the bondage of sinne from the curse of the morall law from the ceremoniall and iudiciall lawes of Moses and not from the lawes of our superiours And I answer againe that it is absurd to thinke that God giues vs libertie in conscience from any of his owne laws and yet will haue our consciences stil to remaine in subiection to the laws oâ— sinnefull men Arg. 4. Whosoeuer bindes conscience commaunds conscience For the bonde is made by a commaÌ„dement vrging conscience to do his dutie which is to accuse or excuse for euill or well doing Now Gods laws commaund conscience in as much as they are spirituall commaunding bodie and spirit with all the thoughts will affections desires and faculties and requiring obedience of them all according to their kinde As for the laws of men they want power to commaund conscience In deede if it were possible for our gouernours by law to commaund mens thoughts and affections then also might they command coÌ„science but the first is not possible for their lawes can reach no further then to the outward man that is to bodie and goods with the speaches and deedes thereof and the ende of them all is not to maintaine spirituall peace of conscience which is betweene man and God but onely that externall and ciuill peace which is betweene man and man And it were not meete that men should commaund conscience which cannot see conscience and iudge of all her actions which appeare not outwardly and whereof there be no witnesses but God and the conscience of the doer Lastly men are no fitte commanders of conscience because they are no lords of it but God himselfe alone Argum. 5. Men in making lawes are subiect to ignorance and errour and therefore when they haue made a law as neare as possible they can agreeable to the equitie of Gods law yet can they not assure themselues and others that they haue failed in no point or circumstance Therefore it is against reason that humane laws beeing subiect to defects faults errours and manifold imperfections should truly bind conscience as Gods lawes doe which are the rule of righteousnes All gouernours in the world vpon their daily experience see and acknowledge this to be true which I say by reason that to their olde lawes they are constrained to put restrictions ampliations modifications of all kindes with new readings and interpretations saving the Bishop of Rome so falsly tearmed which perswades himselfe to haue when he is in his consistorie such an infallible assistance of the spirite that he can not possibly erre in iudgement Argum. 6. If mens lawes by inward vertue binde conscience properly as Gods lawes then our dutie is to learne studie and remember them as well as Gods laws yea ministers must be diligent to preach them as they are diligent in preaching the doctrine of the Gospell because euery one of them bindes to mortall finne as the Papists teach But that they should be taught and learned as Gods lawes it is most absurd in the iudgement of all men Papists themselues not excepted Argum. 7. Inferiour authoritie can not binde the superiours no we the courts of 〈◊〉 and their authoritie are vnder conscience For God in the heart of euery man hath â—rocted a tribunall seale and in his stead he hath plâ—â—â—d neither saint nor angell not any other creaâ—… what soeuer but conscience it selfe who therefore is the highest iudge that is or can be vnder God by whose direction also courts are kept and lawes are made Thus much of the popish opinion by which it appeares that one of the principall notes of Antichrist agrees fuly to the Pope of Rome Paul 2. Thess. 2. makes it a speciall propertie of Antichrist to exalt himselfe against or aboue all that is called God or worshipped Now what doth the Pope els when he takes vpon him authoritie to make such lawes as shall binde the conscience as properly and truly as Gods lawes and what doth he els when he ascribes to himselfe power to free mens consciences from the bond of such lawes of God as are vnchaungeable as may appeare in a canon of the councill of Trent the words are these If any shall say that thâ—se degrees of consanguinitie which be expressed in Leviticus â—â—e 〈◊〉 hinder 〈◊〉 to be made and breake it beeing made and that the Church cannot dispense with some of them or appoint that more degrees may hinder or breake â—â—â—â—age let him be accursed O sacrilegious impietie considering the lawes of affinitie and consanguinitie Lev. 18. are not ceremoniall or iudiciall lawes peculiar to the Iewes but the very laws of nature Whâ—â—â— this canon els but a publike proclamation to the world that the Pope and Church of Rome doe sit as lords or rather idols in the hearts consciences of men This will yet more fully appeare to any man if we read popish bookes of practical or Case aivinitie in which the common manner is to binde conscience where God looseth it and to loose where he bindes but a declaration of this requires long time Now I come as neare as possibly I can to set downe the true manner how mens lawes are by Diuines and may be said to binde conscience That this may be cleared two things must be handled By what meanes they binde and How farre forth Touching the meanes I set downe this rule Whole some lawes of men made of things indifferent binde conscience by vertue of the generall commaundement of God vvhich ordaineth the Magistrates authoritie so as vvho soever shall wittingly willingly with a disloyal mind either breake or omit such lavves it guiltie of sâ—â—â—e before God By whole some lawes I vnderstand such positiue constitutions as are not against the law of God and withall tend to maintaine the peaceable estate and common good of men Furthermore I adde this clause made of things indifferent to note the peculiar matter whereâ—… 〈◊〉 lawes properly 〈◊〉 〈◊〉 〈◊〉 things 〈◊〉 are neither 〈◊〉 commanded or forbidden by God Now such kinde of lawes haue no vertue or power in themselues to constraine conscience but they bind onely by vertue of an higher commandement Let euery soule â—e subiect to the
men to this ende no doubt that they might beleeue the accomplishment of the promise in themselues Secondly we learne that it is not presumption for any man to beleeue the remission of his owne sinnes for to doe the will of God to which we are bound is not to presume now it is the will of God to which he hath bound vs in conscience to beloâ—ue the remiâ—â—ion of our owne sinnes and therefore rather 〈◊〉 to doe it is pâ—…ous disobedience Thirdly we are here to â—â—rke and to reâ—…ber with care the foundation of the 〈◊〉 certenâ—e of mans saloâ—ion For if man be bound in conscience first to giue assent to the Gospâ—t and secondly to applie 〈◊〉 to himselfe by true faith then without doubt a man by faith may be certenly perswaded of his owne 〈◊〉 and saluation in this 〈◊〉 without any extâ—ordinarie reuelation Gods commaundements beeing in this and the like caseâ— possible For commaundements are either Legall or Evangelicall Legall shew vs â—â—t disease but giue vs no remedie and the perfect doing of them according to the intent of the law giuer by reason of mans weaknes and through mans default is impossible in this world As for Evangelicall commandements they haue this priuiledge that they may and can be performed according to the intention of the Lawgiuer in this life because with the commandement is ioyned the inward operation of the spirit to inable vs to effect the dutie commaunded and the will of God is not to require absolute perfection at our hands in the Gospel as in the law but rather to qualifie the rigour of the law by the satisfaction of a mediatour in our steads and of vs we beeing in Christ to accept the vpright will and indeauour for the deede as the will to repent and the will to beleeue for repentance and true faith indeede Now then if things required in the Gospel be both ordinarie and possible then for a man to haue an unfallible certaintie of his owne saluation is both ordinary possible But more of this point afterward Lastly all such persons as are troubled with 〈◊〉 distrustings vnbeleefe dispaire of Gods mercie are to learne and consider that God by his word bindes them in conscience to beâ—â—â—ue the pardon of their owne sinnes be they neuer so grieuous or many and to beâ—â—â—e their own Election to saluation whereof they doubt Mâ—â—â—â—hat are but civill haue care to auoid robbing and killing because God giues commaundements against stealing and killing why then should not we much more striue against our manifold doubtings and distrustings of Gods loue in Christ hauing a commandement of God that calls vpon vs and binds vs to doe so Thus we see how Gods word bindes consciences now conscience being thus bound againe bindes vs. The bonde of conscience is called Guiltines Guiltines is nothing els but a worke of the conscience binding ouer a man to a punishment before God for some sinne Thus much of the propet binder of the conscience now follows the improper The improper binder is that which hath no power or vertue in it selfe to binde conscience but doth it onely by vertue of Gods word or of some part of it It is threefold Humane lawes an Oath a Promise Touching humane lawes the speciall point to be considered is In what manner they binde That this may in part be cleared I will stande a while to examine and confute the opinion that the very pillers of the popish Church at this day maintaine namely that Civill and Ecclesiâ—sticall Iurisâ—â—ction haue a coactive povver in the conscience and that the 〈◊〉 made thereby doe as truly and properly binde as they speake to mortall and venial sinne as Gods law it selfe The arguments which they commonly vse are these Argum. 1. Deut. 17. That man that vvill 〈◊〉 presumptuousâ—y and not obâ—y the auâ— horitie of the priest or Iâ—dge shall 〈◊〉 and thâ—â— shalt take away euill from Israel Here say they the precepts of the high priest are Imperia not â—dmonitions or exhortations and they binde in conscience otherwise the transgressours thereof should not haue bin punished so seuerely Answ. The intent of this law as a very child may perceiuâ— is to establish the authoriue and right of the highest appeales for all matters of controversie in the Synedrium oâ— great court at Ierusa lem Therefore the words alleadged doe not giue vnto the priest a soveraigne power of making lawes but a power of giuing iudgement of controuersies and that according to lawes alreadie made by God himselfe from which iudgement there might be no appeale Nowe this power of determining doth not constraine conscience but the outward man to maintaine order and peace For what reason is there that that sentence which might be either a gainsaying of Gods law or a mistaking of it should binde the conscience to a sinne Againe not euery one that refused to subiect themselues to the sentence of this court were straightway guiltie of sinne for this did Ieremie the Prophet and Christ our Sauiour when they were condemned for wicked persons but he that presumptuously despised the sentence and by consequent the authoritie it selfe which was the ordinence of God was guiltie Lastly the seueritie of the punishment which is temporall death doth not argue any power in the iudge of binding conscience this they might haue learned of their owne Dâ—ctâ—◠〈◊〉 who holdeth that they that binde any man to mortall sinne mâ—st be able to punish him with answeâ—rable punishment which is eternall death Argumâ—… Math. 16. What soeuer ye shall bind vpon 〈◊〉 shall be 〈◊〉 in heauen Here to binde is to make lawes â—…ning conscience according to Matth. 23. 4. They binde 〈◊〉 burâ—â—ns and lay theâ—◠〈◊〉 mens 〈◊〉 Ansvver The 〈◊〉 power of binding and sooâ—… is not belonging to any creature but is pâ—opâ—â— to Christ who hath the keyes of heauen and hell he openeth and no man shâ—… h◠〈◊〉 â—â—d no man openeth Râ—… 3. 7. As for the power of the Church it is nothing but 〈◊〉 ministerie of seruice whereby men publish and proâ—… that Christ bindeth or Idoâ—eth Againe this binding stands not in the power of making lawes but in remitting and retaining of mâ—n's sinnes as the words going before declate v. 18. If thy brother sinne against thee â— and Christ â—â—eweth hâ— owne meaning when he â—â—ith Whose sinnes ye remit they are remitted and â—â—hose sinnes 〈◊〉 retaine they are retained Ioh. 20. 23. 〈◊〉 before in the person of Peter promised them this honour in this forme of words Math. 16. I vvillgiue vnto thee the keyes of the king dome of â—e 〈◊〉 what soeuer thâ—â— shalt binde vpon earth shâ—â— be boâ—… in â—e 〈◊〉 This which I say is approoued by consent of auncient Divines August Psal. 101. ser. 2. Remission of sâ—… saith he is loosing therefore by the law of contraries binding is to hold sinne vnpardoned Hilar. vpon Math. cap. 18. Whome they binde on earth that is