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
saith he leaue vntied of the knots of their sâ—â—nes Lumberd the popish master of sentences The Lord saith he hath given to priests power of binding and loosing that is of making manifest that men are bound or loosed Againe both Origen Augustine and Theophilact attribute the power of biuding to all Christians and therefore they for their partes neuer dreamed that the power of binding should be an authority to make lawes Lastly the place Matt. 23. 4. overturnes the argument for there the Scribes and Phanses are condemned because they laid upon mens shoulders the burdens of their traditions as meanes of Godâ— worship and things binding conscience Arg. 3. Act. 15. It seemes good vnto vs the Holy Ghost to lay no more burden on you theâ— these necessary things that yee abstaine from things offered to iâ—ols and blood and that which is strangled and foâ—nication Here say they the Apostles by the instinct of the holy ghost make a new lawe not for this or that respect but simply to binde consciences of the Gentils that they might be exercised in obedience And this is prooued because the Apostles call this lawe a burden and call the things prescribed necessary and S. Luke tearmes them the commandements of the Apostles and Chrysostome calls the Epistle sent to the Church Imperium that is a lordly charge To this they adde the testimonies of Tertullian Origen Augustine Answ. Though all be granted that the law is a burden imposed a precept of the Apostles a charge againe that things required therein are necessary yet will it not follow by good consequent that the lawe simply bindes conscience because it was giuen with a reseruation of Christian libertie so as out of the case of scandall that is if no offence were giuen to the weake Iewes it might freely be omitted And that will appeare by these reasons First of all Peter saith that it is a tempting of God to impose upon the Gentiles the yoke of Iewish ceremonies hee therefore must needs be contrary to himselfe if he intend to binde mens consciences to abstinence from strangled blood and things offered to idols A reply is made that this abstinence is prescribed not by the ancient law of Moses but by a new Ecclesiasticall or Apostolicall authority I answer againe that a Mosaicall ceremony is still the same thing though it be stablished by a new authority And wheras Christ by his death put an end to the ceremoniall lawe it is absurde to thinke that the Apostles by their authority revived some part of it againe and bound mens consciences therto Secondly the Church of god in all places suffered this coÌ„mandement to cease which the faithful seruants of God would neuer haue done if they had bin perswaded that this law had bound conscience simply It is answered that this law ceased not because the giuing of offence unto the Iewes ceased but because it ceased vniuersally yea but it could not haue ceased universally if it had bound conscience simply specially considering it was propounded to the Church without any mention or limitation of time Thirdly Paul was present in this counsell and knewe the intent of this lawe very well therefore no doubt he did not in any of his Epistles gainsay the same This being graunted it can not be that this law should bind conscience out of the case of offence For he teacheth the Corinthians that things offered to idols may be eaten so be it the weakeâ— brother be not offended Here it is answered that when Paul writ his first Epistle to the Corinthians this coÌ„mandement of the Apostles touching things strangled bloode was not come unto them Well to grant all this which can not be prooued let it be answered why Paul did not now deliuer it why he deliuerethâ— doctrine contrary to that which he had 〈◊〉 〈◊〉 Hierusalem which was that the Gentiles should absolutely abstaine from things oâ—…d to Idols As for the testimonies of the fathers they â—…bused Indeed Tâ—…liâ—◠〈◊〉 plainly that christians in his daies abstained 〈◊〉 of blood and he persvvades men to 〈◊〉 〈◊〉 so doing because he is of opinion being indeed farre deceiued that this very law of the Apostles must lâ—st to the end of the worlde â—which conceit if the Papists hold not what meane they to build vpon him Origen saith that this law was very necessary in his daies and no 〈◊〉 For by Idolithyâ—â—s he understands not things that haue bene offered to idols are afterward brought to priuat houses or to the market as other common meates but he understands things that remaine consecrated to idols are no where els used but in their temples which we grant with him must for euer be avoided aâ— meanes and instruments of Idolatry wheras the law of the Apostlesspeaks only of the first kind As for things strangled and blood hee takes them to be the deuils foode and for this cause hee approoues abstinence from them And whereas Augustine saith that it is a good thing to abstain froÌ„ things offered to idols though he be in necessity 〈◊〉 must be understoode of the first kind of Idolithyâ—â—â— which â—re yet remaining in the idol-temples still consecrated unto them and not of the second of which the Apostles law as I haue said must be understood Arg. 4. Ioh. 21. Christ saith to Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my 〈◊〉 that is as the word importeth 〈◊〉 and rule my sheepe Answ. This feeding and ruling stands not in making new lawes but in teaching and gouerning the Church of God according to the doctrine which they had receiued from Christ. And this action of feeding is ascribed to all Christians Revelat. 3. 27. who can not therupon chalenge a power of making lawes to the conscience Argum. 5. Ioh. 20. As my father sent me so I send you but Christ was sent of his father not only with power of preaching and ministring the sacraments but also with authority of commanding and giuing iudgement Answ. Is this kind of reasoning may stand all the Apostles shall be made redeemers for they were all sent as Christ was and hee was sent not onely to preach the redemption of mankind but also to effect and worke the same It this be absurde then it is a flat abusing of scripture to gather froÌ„ this saying of Christ that the Apostles had power of binding conscience because he had so It is true indeed that there is a similitude or analogie betwene the calling of Christ and his Apostles but it wholly stands in these points Christ was ordained to his office before all worldes so were the Apostles Christ was called of his father immediatly and so were they of Christ Christ was sent to the whol worlde so were they Christ receiued all power in heaven and earth as beeing necessary for a mediatour and they receiued an extraordinary authority from him with such a plentifull measure of the spirit as was necessary
not see what is in the heart of man It remaines therefore that there is a spirituall substance most wise most holy most mighty that sees a I things to whom conscience beares record and that is God himselfe Let Atheists barke against this as long as they will they haue that in them which will convince them of the truth of the godhead will they nill they either in life or death Secondly we learne that God doth watch ouer all men by a speciall prouidence The master of a prison is knowen by this to haue care ouer his prisoners if hee send keepers with them to watch them and to bring them home againe in time convenient and so Gods care to man is manifest in this that when he created man and placed him in the worlde he gaue him conscience to be his keeper to follow him alwaies at the heeles to dogge him as we say to pry into his actions to beare witnesse of them all Thirdly hence we may obserue Gods goodnesse and loue to man If he do any thing amisse he sets his conscience first of all to tell him of it secâ—edy if then he amende God forgives it if not then afterward conscience must openly accuse him for it at the barre of Gods iudgement before all the saints and angels in heauen The second worke of conscience is to giue iudgement of things done To giue iudgemeÌ„t is to determine that a thing is well done or ill done Herein conscience is like to a Iudge that holdeth an assize and takes notice of inditements and causeth the most notorious malefactour that is to hold up his hand at the barre of his iudgement Nay it is as it were a little god sitting in the middle of mens hearts arraigning them in this life as they shall be arraigned for their offences at the tribunall seate of the euerliuing god in the day of iudgement Wherfore the temporary iudgement that is giuen by the conscience is nothing els but a beginning or a fore-â—unner of the last iudgement Hence we are admonished to take special heed that nothing past lie heavy upon vs that we charge not our coÌ„sciences in time to come with any matter For if our conscience accuse us god will much more condemne vs saith S. Iohn 1. Ioâ— 3. 18. because he seeth all our actions more clearely and iudgeth them more seuerely then conscience can It shall be good therfore for all men to labour that they may say with Paul 2. Cor. 4. I knovv nothing by my selfe that they â—ay stand before God without blame for euer Hâ—â—st we must consider two things first the câ—â—se that makes conscience giue iudgement secondly the manner how The câ—use is the Binder of the conscience The Binder is that thing whatsoeuer which hath power authority ouer conscience to order it To bind is to vrge cause and constraine it in euery action either to accuse for sinne or to excuse for well doing or to say this may be done or it may not be done Conscience is said to be bound as it is considered a part by it selfe from the binding power of gods coÌ„mandement For then it hath liberty is not bound either to accuse or excuse but is apt to do either of them indifferently but when the binding power is set once ouer the coÌ„scieÌ„ce theÌ„ in euery actioÌ„ it must needs either accuse or excuse eueÌ„ as a man in a city or town hauing his liberty may go vp down or not go where when he will but if his body be attached by the magistrate imprisoned theÌ„ his former liberty is restrained he can go up and downe but within the prison or some other allowed place The binder of conscience is either proper or improper Proper is that thing which hath absolute and soueraigne power in it selfe to bind the conscience And that is the worde of God writteÌ„ in the books of the old new TestameÌ„â— Reason I. He which is the Lord of 〈◊〉 by his word and lawes bindes conâ—… but God is the only Lorde of conscience becâ—â—se he once created it and he alone gouerâ—… 〈◊〉 none but he knowes it Therfore his word and lawes only bind conscience properly II. 〈◊〉 which hath power to sâ—â—e or destroy the 〈◊〉 for the keeping or breaking of his lawes â—ath absolute power to bind the soul and consâ—â—ence by the same lawes but the first is true of God alone Iam. 3. 12. There is 〈◊〉 lawgiver which is able to save and destroy Isaâ— 33. 22. The Lorde is our Iudge the Lord is our lavvginer the Lorde is our King and he will save vs. Therefore the worde of God alone by an absolute and soueraigne power binds conscience Because this point is cleare of it selfe further proofe is needlesse HeÌ„ce we are taught sundry points of instruction I. Such as are ignoraÌ„t amoÌ„g us must labor to get knowledge of gods worde because it binds coÌ„science Neither wil the plea of ignoraÌ„â—e serue for excuse because whether we know gods laws or know them not they stil bind us And we are bound not only to do them but wheÌ„ we know them not we are further bound not to be ignorant of them but to seeke to know them If we had no more sinnes our ignorance were sufficient to condemne vs. II. Gods word is to be obeyed though we should offend all men yea loose all mens fauour and suffer the greatest domage that may be euen the losse of our liues And the reason is at hand because gods worde hath this prerogatiue to bridle bind restraine the conscience III. Whatsoeuer we enterâ—…se or take in hand we must first search whether God giue vs liberty in conscience and warraâ—â— to do it For if we do otherwise conscience 〈◊〉 boâ—nd presently to charge vs of sinne before god Lastly we do here see how dangerous the case is of all time-seruers that will liue as they list and be of no certen religion till differences and dissentions therein be ended and they haue the determination of a generall counsell for whether these things come to passe or no certen iâ— is that they are bound in conscience to receiue and beleeue the ancient Propheticall and Apostolicall doctrine touching the true worship of god and the way to 〈◊〉 euerlasting which is the true religion The same is to be said of all drowsie protestants and lukewarme-gospellers that use religion not with that care and conscience they ought but only then and so far forth as it serues for their turnes commonly neglecting or despising the assemblies where the word is preached and seldome frequenting the Lords table vnles it be at Easter Like silly wretches they neither see nor feele the constraining power that gods word hath in their coÌ„sciences Gods word is either Law or Gospel The law is a part of Gods word of things to be done oâ— to be left vndone And it is threefoldâ— morall iudiciall ceremoniall Morall law concernes
obstinate that Lent fast was not commaunded in the Primitiue Church but was freely kept at mens pleasures in seuerall Churches diuersly both in regard of space of time as also in respect of diversity of meats Ireneus in his epistle to Victor â—…ed by Eusebius saith Some have thought that they must fast oâ—… day some two daies some more some 40. houres day and night which diversitie of fasting commendeth the vnitie of faith Spiridion a good man did eate flesh in Lent and caused his guest to doe the same and this he did upon iudgemeÌ„t because he was perswaded out of Gods worde that to the clean all things were cleane And Eusebius recordes that Montanus the hereuke was the first that prescribed solemne and set lawes of fasting And whereas this fast is called an Apostolicall tradition it is no great matter for it was the manner of the ancient Church in former times to tearme rites and orders Ecclesiasticall not set downe in scriptures Apostolicall orders that by this meanes they might commend them to the people as Ierome testifieth Every province saith he may thinke the constitutions of the ancestours to be Apostolicall lawes And whereas it is said to be a sinne not to fast in Lent as Augustine speaketh it is not by reason of any commandement binding conscience for Augustine saith plainly that neither Christ nor his Apostles appointed any set time of fasting Chrysostome that Christ neuer commanded vs to follow his fast but the true reason hereof is borrowed from the ende For the Primitiue Church vsed not the popish fast which is to eat whitmeate alone but an abstinence from all meates vsed specially to morufie the flesh and to prepare men before-hand to a worthy receiuing of the Eucharist And in regarde of this good ende was the offence And whereas it is said that auncient fathers taught a necessitie of keeping this fast euen Hierome whome they alledge to this purpose saith the contrary For confuting the errour of Montanus who had his set times of fast to be kept of necessity hee saith We fast in Lent according to the Apostles tradition as in a time meete for vs and wee doe it not as though it were not lawfull for vs to fast in the rest of the yeere except Penticost but it is one thing to doe a thing of necessitie and anothing to offer a gift of free-vvill Lastly excommunication was for the open contempt of this order taken vp in the Church which was that men should fast before Faster for their further humiliation preparation to the sacrament So the 29. canoÌ„ of the councill of 〈◊〉 must be understood As for the Canons of the Apostles so falsely called and the 8. councill of Toledo I much respect not what they say in this case Arg. 14. Gods authority binds conscience magistrates authority is Gods authority therefore magistrates authority binds conscience properly Ans. Gods authority may be takeÌ„ two waies first for that soueraigne and absolute power which he useth ouer all his creatures secondly for that finite limited power which he hath 〈◊〉 that men shall exercise ouer men If the minor 〈◊〉 that Magistrates authority is Gods authority be taken in the first sense it is false for the soueraigne power of god is mooueâ—…ic able If it be taken in the second sense the 〈◊〉 〈◊〉 false For there be sundry authorities ordained of God as the authority of the father oner the childe of the master over the servant the authority of the master ouer his scholler which doe not properly and 〈◊〉 bind in conscience as the authority of gods lawes doth By these arguments which I haue now answered by many other being but lightly 〈◊〉 it will appeare that necessary obedience is to be performed both to ciuil ecciesiasticall iurisdiction but that they haue a constraining power to bind conscience as properly as gods laws do it is not yet prooued neither can it be as I will make manifest by other arguments Arg. 1. He that makes a law binding conscieÌ„ce to mortal sinne hath power if not to saue yet to destroy because by sin which follows upon the transgressioÌ„ of his law comes death daÌ„nation But God is the only lawgiuer that hath this priuiledge which is after he hath giueÌ„ his law vpoÌ„ the breaking or keeping thereof to save or destroy Iam 4. 12. There is one lawgiuer that can saue or destroy Therfore God alone makes laws â—inding coÌ„science properly no creature caÌ„ do the like Answer is made that S. Iames speaks of the principall law-giuer that by his own proper authority makes lawes doth in such manner saue destroy that he need not feare to be destroied of any that he speaks not of secondary lawgiuers that are deputies of god make laws in his name I say again that this answer staÌ„ds not with the text For S. Iames speakes simply without distinctioÌ„ limitatioÌ„ or exceptioÌ„ the effect of his reason is this No maÌ„ at all must slander his brother because no man must be iudge of the law no man can be iudge of the law because no man can be a law-giuer to saue and destroy Now then where be those persons that shall make lawes to the soules of men binde them unto punishment of mortall sinne considering God alone is the sauing destroying lawgiuer Arg. 2. He that can make laws as truly binding conscience as gods lawes can also prescribe rules of Gods worship because to bind the conscieÌ„ce is nothing els but to cause it to excuse for things that are well done and therefore truely please God to accuse for sinne wherby god is dishonoured but no man can prescribe rules of gods worship humane lawes as they are humane laws appoint not the seruice of God Esai 29. 13. â—â—â—ir fear towards me was taught by the precept of 〈◊〉 Mat. 15. 9. they worship me in vain teachâ—â—â— doctrines which are the commandements of 〈◊〉 Papists here make answer that by lawes of men we must understand such lawes as be unlawfull or unprofitable being made without the authority of God or instinct of his spirit It is true indeed that these commandements of men were unlawfull but the cause must be considered they were unlawfull not because they commanded that which was unlawful against the will of God but because things in themselues lawfull were commanded as parts of gods worship To wash the outward part of the cup or platter to wash hands before meat are things in respect of civill use very lawfull yet are these blamed by Christ no other reason caÌ„ be rendred but this that they were prescribed not as things indifferent or ciuill but as matters pertaining to Gods worship It is not against Gods worde in some politike regards to make distinctions of meats drinks times yet Paul calls these things doctrines of deuils because they were commaÌ„ded as things
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
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
the Church hath but because they are the word of God The lawes then which the Church in proper speach is sâ—â—de to make are decrees concerning outward order and comelines in the administration of the word and sacramâ—â—s in the meetings of the coÌ„gregation c. such laws made according to the generall rules of Gods word which requires that all things be don to edificatioÌ„ in comelines for the auoiding of offence are cessarie to be obserued and the word of God binds all men to theÌ„ so farre forth as the keeping of them maintains decent order and pâ—…s open offence Yet if a law concerning some â—…nall riâ—e of thing indifferent be at some time vpon some occasion omitted no offence giuen not contempt shewed to Ecclestasticall â—â—â—horitie there is no bâ—each made in the conscience â—â—d that appeares by the example before hanâ—â—â—â— The Apostles guided by the holy Ghost made a decree for the auoiding of offence necessarie to be obserued namely that the Gentiles should abstaine from strangled and blood and idoâ—ithyâ—â—s and yet Paul out of the case of scandall and contempt permits the Corinthians to doe otherwise 1. Cor. 8. 9. which he would not hâ—â—â— done if to doe otherwise out of the case of scandall and contempt had bin sinne Againe lawes are either mixt or meerely penall Mixâ— are such lawes as are of weightie matters and are propounded in coÌ„manding or forbidding â—eaâ—â—es and they binde men first of all to obedience for the necessary good of humane societies and secondly to a punishment if they obay not that a supplie may be made of the â—indrance of the common good In the breach of this kind of laws though a man be neuer so willing to suffer the punishment yet that will not discharge his conscience before God when he ofâ—…ds If a man coin moâ—y with this minde to be willing to die when he is conâ—icted yet that will not free him from a sinne in the action because Gods law binds vs not onely to subiection iâ—â—earing of punishments but also to obedience of his â—…e commandement it beeing lawfull though â—e should set downe no punishment A law meerely peâ—â—ll is that which beeing mâ—… of matters of lesse importance and not vtâ—…d preâ—isely in commâ—…ding tearmes doeth onely declare and shewe what is to be done or conditionally require this or that with respect to the punishment on this manner If any person doe this or that then he shall forfeit thus or thus This kind of law kinds especially to the punishment that in the very intent of the lawgiuer and he that is readie in omitting the law to pay the fine or punishmet is not to be charged with sinne before God the penaltie being answerable to the losse that comes by the neglect of the law Thus we see how farre forth mens laws bind conscience The vse of this points is this I. hence wee learne that the immunitie of the Popish cleargie whereby they take themselues exempted from civill courts and from civill authoritie in criminall causes hath no warrant because Gods commandements binds euery man whatsoeuer to be subiect to the magistrate Râ—… 〈◊〉 Let euery soule be sâ—…ct to the higher powers II Hence we see also what notorioâ—â— rebeâ—… those are that beeing borne subiâ—cts of this land yet choose rather to die then to acknowledge as they are bound in conâ—… the Qâ—… Maâ—estie to be supreame gouernour vnder God in all causes ouer all persons III. Lastly we are taught hereby to be readie and willing to giue subiection obedience reuerence and all other duties to magistrates whether they be superiou or inferiour yea with chearefulnes to pay 〈◊〉 and subsidies and all such lawfull charges 〈◊〉 appointed by them Giue to Cesâ—â— that 〈◊〉 〈◊〉 Cesars to God that which is Goâ—â— Rom. 13. 〈◊〉 Giue to 〈◊〉 〈◊〉 their dutie tribute to 〈◊〉 tribute 〈◊〉 to whome custome Now follows the Oath which is either assertorie or promissorie Assertorie by which a man auoucheth that a thing was done or not done Promisserie by which a man promiseth to doe a thing or not to doe it Of both these I mean to speak but specially of the second And here two points must be coÌ„sidered the first by what means an oath bindeth the second when it bindeth An oath bindeth by vertue of such particuâ—… coÌ„mandements as require the keeping of oathâ—â— lawfully taken Num. 30. 3. Who soeuer sâ—… an â—ath to binde his soule by a bond â—e shall not 〈◊〉 his word 〈◊〉 shall doe according to all that 〈◊〉 〈◊〉 of his 〈◊〉 This being so â—questioÌ„ may be made whether the 〈◊〉 of insiâ—… biâ—d conscience by what vâ—… 〈◊〉 they â—â—ither know the Scriptâ—… noâ— the true God Aâ—s They doe bind in conscience For example Iacob Laban make a 〈◊〉 confirmed by oath Iacob sweares by the true God Laban by the god of Nâ—…or that i◠〈◊〉 his idols Now Iacob though he approoue not the forme of this oath yet he accepts it for a civil bond of the covenant no doubt though Laban beleeued not Gods word reuealed to the Pâ—…ks yet he was bound in coÌ„science to keep this â—th euen by the law of nature though he 〈◊〉 not the 〈◊〉 God yet he 〈◊〉 the false god of Nacâ—â—r to be the true God Gen. 31. 53. Againe if a lawfull oath by vertue of Gods coÌ„mandements bind conscience then it must needâ— be that the Romane Church hath long erred in that â—…ee â—…th and maintaineth that gouernours as namely the Pope and other inferiour Bishops haue power to giue relaxations and dispensations not onely for oathes vnlawfull from which the word of God doth sufficiently free vs though they should neuer giue absolutioÌ„ but from a true lawfull oath made wittingly willingly without errour or deceit of a thing honest and possible as when the Pope frees the subiects of this land as occasion is offered from their sworne allegiance and loyaltie to which they are bound not onely by the law of nature but also by a solemne and particular oath to the Supremacie which none euer deemed vâ—…full but such as carrie traytors hearts Now this erronious divinitie would easily be revoked if men did bâ—â— consider the nature of an oath one part whereof is Invocation in which we prâ—â— vnto God first that he would become a witnes vnto vs that we speak the truth and purpose not to deceiue secondly if we faile break our promise that he would take â—…ge vpon vs and in both these petitions we bind our selues immediatly to God himselfe and God againe who is the ordainer of the oath accepts this bond and 〈◊〉 it by his commendement till it be accomplished Hence it follows that no creature caÌ„ haue power to vâ—â—ie the bood of an â—â—th that is truly and lawfully an â—â—th vnles we wil 〈◊〉 the creatures aboue God himselfe And our Sauiour Christ gaue better â—…ell when he commanded vs to performe our 〈◊〉 to
the Lord for the pâ—…ting of periurie Matth. 5. 33. Next let vs consider the time when an oath bindeth or bindeth not An oth bindeth theÌ„ when it is made of things certen possible in â—â—uth iustice iudgemeÌ„t for the glory of God the good of our neighbour Question I. Whether doeth an oath binde conscience if by the keeping of it there followe losses and hinderances Answ. If it be of a thing that is lawfull and the domages be priuate to him that sweareth then doth it bind conscience For example A man makes a purchase of lande at the sea side his bargaine is confirmed only by oath and it falles out that before he doe enter possession the sea breakes in and drownes a part of that purchase Now he is in conscience to stand to his bargaine because the thing is lawfull the domage is priuate great reuerence must be had of the name of God which hath bin used in the bargaine making Dauid makes it the property of a good man to sweare to his owne hinderance and not to change Psal. 15. v. 4. Question II. Whether the oath which a man hath taken being induced thereto by fraud and guile doeth bind conscience Answ. If it be still of a thing lawfull and bring nothing but priuate losses it is to be kept When the Gibeâ—â—ites had by a fraud brought Iosua to make a league with them and to binde it with an oath hee and the princes of the people answer them thus Wee have sworne vnto them by the Lordâ— God of Israel now therefore wee may not touch them Ios. 9. 19. And 300. yeres after when Saul slewe certaine of the Gibâ—onites against this othe the plague of 〈◊〉 〈◊〉 was upon the people of Israel three yeeres and was not staied till certaine persons of Sauls family for a recompence were put to death 2. Sam. 21. v. 7. Question III. Whether an oath made by feare or compulsion bind in conscience For example A thiefe disappointed of the boâ—â—y 〈◊〉 he looked for bindes the true man by solemne oath upon paine of present death to fetch and deliuer vnto him some portion of mony at one 100 or 200 crownes for the redeeming of his life Well the oath is taken and the question is whether it bind him or not to perform his promise An answer may be this some protestant diuines thinke it doth bind some againe thinke no but I take it the safest course to bolde the meane betweene both on this manner The oth seemes to bind and is to be perfourmed neither is it against the good of the coÌ„mon-wealth 〈◊〉 then it were unlawfull but it is rather a furtherance in that a member therof is preserued and the losses which follow are only priuate to the man rather to be endured then the losse of life Yet that a remedy may be had of this priuate iniury that a publike mischiefe may be preuented the party is to reueale the matter to the magistrate whose office it is to punish robbers and to order all things according to equity for the coÌ„mon good But if the case fall out that the maÌ„ through exceeding feare doe further sweare to keep silence I see not how his oth may be kept except he be sure that nothing will ensue therof but a priâ—… domage to himself For otherwise perpetuâ—â—â—â—…ence seemes to be a secrete consenting to the robber an occasion that others fall into the like danger and hazard of their liues Agâ—â—ne in six cases an oth binds not conscience at all I. If it be made of a thing that is flat against the word of God For all the power of binding which it hath is by the word of god therfore wheÌ„ it is against Gods will it hath no power to constraine And it is an old receiued rule that an oth must not be a bonde of iniquity Hereupon Dauid when he had made a rash oth to kill Nabal 〈◊〉 his houshold reioyced when he had an occasion offered by Abigail to break the same 1. Sam. 25. 32. And though he sware to Shemi that he would saue his life 2. Sam. 19. 23. yet afterward upon better consideration as it may seem he commanded his son Salomon to put him to death as one that had long agoe deserued the same 1. King 2. 9. And Herod was far deceiued that thought he was bound by his oth to giue to the daÌ„sell Iohn Baptists head in a platter Mat. 14. 7. II. Is it be against the good and wholesome lawes of any kingdome or countrey whereof a man is a member it bindes not at all because on the contrary Gods commandement bindes vs to keepe the good lawes of men III. If it be made by such persons as want sufficient reason and discretion as young children fooles madde men For the conscience can not indeed be bounde where the understanding can not discerne what is done IIII. If it be made of such as haue no power to bind themselues it bindes not because it is made against the lawe of nature which is that he which is ot in his owne power can not binde himselfe Hence it followes that papists erre grossely when they teach that a childe may enter into any rule or order of religion yea binde himselfe thereto by oath and the oath to be good flatt against his parents consent Num. 30. 4. If a woman vow vnto the Lord bind her selfe by a bond being in her fathers house in the time of her youth c. 6. If her father disallow her the same day that he heareth all her vowes and bondes they shall not be of value And an ancient councill decreed that all children that vpon pretence of Gods worship should depart from their parents and not doe them dâ—e reverence should be accursed Secondly they erre in that they teach that the promise made priuately by a childe in way of marriage without and against consent of wise and careful parents bindes them whereas indeede if this promise were further bound by an oth it could not stand because children under gouernment and tuition of parents can not giue themselues V. It bindes not if it be made of a thing that is out of a â—â—ns power as if a man sweare to his friend to giue him another mans goods VI. If at the first it were lawfull and afterwarde by some meanes become either impossible or vnlawfull it binds not conscience For when it becomes impossible then wee may safely thinke that God from heauen frees a man from his oath And when it beginnes to be unlawfull then it ceaseth to bind because the binding vertue is onely from the worde of God For example a king bindes himselfe by oath to a forraine Christian prince to find him men money to defende his people against all enemies This oath is lawfull Well afterward the prince becomes a professed enemy to him his religion people and then the kings oth becomes unlawful and binds him