l-9t^0 ^001-0 31-01. I- jejqn J9Sds- O N: Printed for S. Billingsley, at the Judges Head in Chancery- Lane. 1725. THE PREFACE. m mw^M ^^^^^^'^^ Character of ^^'^ the Writings and Genius ^Ir^^^fe o( Bi/Jjop Taylor^ to which ^ I Ihallnotprefiimeto add anything, has been given in the Preface to the firft Volume of this Abridgment, by another Hand. But the Readers of the Abridgment it felf, being properly the Judges of it; it may be convenient for me to acquaint them with the Method in which I have proceeded in the preparing it. The Method I propofed to my felf, waS;, in the firft Place, to pre- A ferve The Pre f a c e. ferve all the Rules of the "Du^or Tfu^ bitantmmj in the fame Order^ and almoft in the lame Words^, wherein the Bifhop has prcpofed them. As I could not my lelf> diicover any Cpnfulion or. Irregularity^ in the Difpofition he had made of them, nor had any Inftances of that Kind^ pointed out to me, by thofe Gentle- men who were privy to my Defign^ and for whofe Judgment I have the higheft Regard : I am the lefs appre- henfive, that I fhall incurr Cenfure, for not taking upon me to make Al- terations., where I could difcover no good Reafons for making any. But, I am not fo eafy with Regard to another Article, which I am now going to mention ; and for my Er- rors^ in refpedt to which. If 1 have been guilty of any, I ani principally, and indeed, wholly accountable. As The Preface. As loon as I had endeavoured to inake- my felf acquainted with the Manner and Defign of this excellent Prelate^ in his 'I)u6lor ^DuUtmtium ; 1 confidered the Rules at the Head of each Seftion-, as fo many general Meafures, for examining and deter- mining the particular Cafes of Con- fcience, as they Ihould relpedively fall under fuch Rules. For this Reafon, wherever I thought one particular Cale was fufficient to explain the Bifhop's Meaning, in the Rule under Confide- ration ; I generally omitted the other Cafes ; and for the fame Reafon^, I have likewife commonly omitted his Embelliflhments of Learning, and numerous Quotations from other Writers, wherever they appeared unneceflary, to prove or explain the Rule which he defigned to eftablifh. I made thefe Omiffions the more boldly, becaufe his Reafoning ge- nerally The Preface. nerally appeared to me convincing, and fufficient to carry his Point, without the help of any Foreign Au- thority : And as to the Oxnifiion of occafional Differtatlons^ made under fome particular Rules ; I hope I Ihall be excufed, if each Rule has been competently explained, without tak- ing in fuch Diflertations, which would plainly have been inconliftent with a Defign, of bringing the A- bridgment into a moderate Compafs. This is what 1 think my felf con- cerned to advertife, in Regard to my Method of Abridging this excellent Work. Whether 1 have obferved my own Rules, or whether they are fuch as ought to have been laid down, muft be fubmitted to the Reader's Judgment. R. B. The Titles of the CuA'^r vais^ and the Rules in each Chapter of the third and fourth Books. BOOK III. Chap. I. Of human IjAJVS in General. Rule I. THE Confcience is properly and direEi- hy a^iveh and pafjively^ under Tains of Sin and 'Ttmifhmenfy bound to obey the Laws of Men, a 3 Page I Rule The Contents. Rule II. HufTtan Laws do not bind the Confcience to an aElive Obedience^ "uvhen there is an - imminent "Danger^ or aii intolerable or "very grievous evil in the Obedience, 19 Rule III. The Laivs of our Superiour which are not jiijl and goody do not bind the Confcience, 16 Rule IV. ^ Law that is founded on a falfe T^refiimp- tion, does not oblige the Confcience. 3 o Rule V. Human Laws do bind the Confcience to, or from, an AEt^ in fecret as Will as in TublicL 3 2 Rule VI. Human L aws before fufficient prornulgati- 071 do not bind the Confcience, 3 7 Rule VII. That a Law fhould oblige the Confcience^ doth not depend upon the acceptation of the Law by the 'People, 38 Rule VIII. Human Laws of indifferent Matter^ do not bind the Confcience of the Subjects out of the Tiominions of the Super iouK. 41 Rule IX. Obedience to Laws is to be paid according to what is commanded^ not according to what is befl, 44 C H .\ p. The C O NT E N T s. ^>*S/-/AA h»s Wii /MS 5/A 5/«^ //„s5v«>- 5/A< • 5/.VS ^y/>N 5>/.\ 5v.> *r ^' a ?>«% ^/«'?^ Chap. IT. Of Laws Penal and tributary. Rule L It is lawful for Chrijlian Magi fir at es to make penal LawSy not only pectiniary and t>f reftrainty but of lofs of Member and Life itjelf Page 46 Rule II. TPenal Laws do fometimes btn& the guilty Terfon to the fujfering the Tunijhment even before the Sentence anh "Declaration of the Judge. 52 Rule III. Penalties impofed by the Judge muft be fubmitted tOy but may not after fuch Sentence be infjEted by the hands of the Condemned, 66 Rule IV. He who hath fujfered the "Tunifhment is not difcharged in Confciencey nnlefs he alfo repent of the l^ifobedience, 7 3 Rule V. It is not lawful for a guilty Terfon to defend himfelf by Calumny or a Lie, from the penalty of the LaWy tho it be the fen- lence of Death. 74 a 4 Rule The Contents. Rule VI. It is not lawful for private Chrijtians.with- out publick Authority y to pmifl) Male- factors, but they may require it of the Magiftrate in fome Cafes, Page 97 Rule VII. It is not lawful to punijh one Man for the Offence of another ^ merely and wholly, 107 Rule VIII. ^ The laws of Tribute are moral Laws^ and not Tenal, except it be by accident j and therefore do bind the Confcience to an a£tive Obedience. 112 Rule IX. The Laws of Tribute have the fame Condi- tionsy CaufeSy lowers arid MeafureSy with other Laws of Government. 1 1 5 R u L E X. Tribute and Cujlomy which are duCy are to bepaidy whether they be demanded or not, 116 Ch A P- The C O H T E N T s. Chap. III. Of Kings J Princes y imd all fup'eme Civil powers J and their Laws in f fecial. Rule I. The fupreme Tower in every Repiiblick is univerfal,abfolute and unlimited. Page 1 1 s Rule IL The fupreme Tower is fuperiour to the civil LawSy but not wholly free from them. 122 Rule III. It is not lawful for SubjeBs to rebel, or to take up Aryns againfl the fupreme Tower of the Nation^ upon any pretence what- foever, 1 3 2 Rule IV. The fupreme civil Tower is alfo fupreme over all TerfonSy and in all Caufes Ecclefiafli- cal. 145 Rule V. Kings have a legifative Tower in the Af- fairs of Religion and the Church. 157 Rule VI. The fupreme civil Tower hath jurifdiBion in Catifes not only Ecclefiafitcal but In- ternal and Spiritual. 1 6 1 B.ULE The Contents. Rule VII. The fupreme civil Tower is to rule in Caufes Ecclejtaftical, by the means and me a fur es of Chriji's Inftitution, that tSy by the ajjijlance of Ecclejiajtical Terfons, 1 74 Chap. IV. Of the Tower of the Church in Canons andCenfureSj with their Obligations and Towers over the Conjcience* Rule I. The whole Tower which Chrift has left in ordinary to his Church, is merely fpi- rituaL Page 183 Rule 11. The Church has power to make Laws and give Commands, obliging the Confcience, that isy tying the Siibjetls to Obedience, under the Tenalty of committing or incur-- ring the "Divine T>ifpleafure, 1 9 1 Rule III. The Church hath power to make Laws in all things of 7iecejfary. Duty, by a direct Tower and a divine Authority, 1 94 ' Rule The Contents. Rule IV. The Church hath power to make Laws in thofe things which are Helps ^ and apt MintftrationSy and Advantages of necef- fary T>uty, Page 1 9 5 Rule V. JVhen the Canons of Eccleflaflical Rulers are confirmed by the fiipreme civil ToweVy they oblige the Confcience by a double Obligation. 1 9 S Rule VL Kings and Princes are botind by the ties of Religion, not ofTower^ to keep the Laws of the Church, ipp Rule VII. Is it not lawful for the Ecclefiaflical ^Power to excommunicate Chriftian Princes^ or the fiipreme civil Tower. 200 Rule VIII. Ecclefiaflical Cen fares are to be infliEied by the Confent and Concurrence of the fii- preme civil Tower. 204 Rule IX. Excommunication infixed upon a light Caufe, obliges externally, but not inter- nally : But if it be infilled upon an un- juji Caufe it binds not at all. 20 S Rule X. It is not lawful to communicate with thofe, whom the Church hath by ajufl Sentence excommunicated. 212 R i: L E The Contents* Rule XI. The Canons of the Apo files, '■juhkh are of Order ayid external Government^ do bind the Confcience by being accepted in feve- ral Churches^, not by their fir jl Efiablijh- ment. Page z 1 5 Rule XII. All thofe Rituals vjhich 'were taught to the Apofiles concerning MiniJirationSy which were of divine Infiitution, do oblige all Chrijlendom to their Obfervation. 218 Rule XIII. In the Rides which the Apofiles gave to the Churches, as Things indifferent, the Church had a Liberty j but it is not to be fifed but for great Reajon, great Necejfi- ty, and for the Edification of the Teo- pie committed to their Charge. 22 2i Rule XIV. The Canons of the ant lent general and pro- vincial Counce Is are then Laws to the Con- fidence ^ when they are laid upon us by th6 Authority ofi the refipe£live Governors ofi Churches, 230 Rule XV, The laudable Cuftoms ofi the Catholick Church, which are inprefient Obfervationy do oblige the Confidence ofi all Chnflians^ 232 Rule The Contents. Rule XVI. The "Decrees and Canons of the Bifljops of Rome, do bind the Confcience of none but his own SubjeBs, Pa2;e23 9 Rule XVII. Ecckjiafiical Laws, which are merely ftdch, cannot be Univerfal and TerpetuaL 24 r Rule XVIII. Ecclefiaftical laws of Ceremonies and exter- nal Obfervances do not bind the Confci- ence beyond the cafes of Contempt and Scandal, 249 Rule XIX. Ecclefiaftical Laws mtifi be charitable and eafy ,- and when they are not foj they oblige not, 252 Rule XX. pcclefaflical Laws muft ever promote the fervice of God and the good of Souls , hut muft never lay a Snare or Stumbling-block for Confciences. 256 Rule XXI. ^he Catholick Church is a JVitnefs of Faith ^ and a Record of all necejfary Truths ; but not the Mifirefs and Ruler of our Creed j lihat is^ it cannot make any Laws of Faith. z6j Rule XXII. The T^ecrees of general Councils are of gredt ufe in the Condu£l of Confcience , but not the The Contents. the proper meaftire or lafi deter?tiination of Matters of Belief. Page 269 Rule XXIII. Siibfcriptton to Articles and Cojifeffions in any particular Church, is wholly of politi- cal Confideratian, zj\ C H A P. V. Of Lavus ^omcflick ; or^ the Tawer "which Fathers oj Families have^ to bind the Confciences of their Rela- tives. Rule I. Children are obliged to Obey the Laws and Commandments of their Tarents, in all things "Domeflicaly and in all anions, "Perfonal, relating to the Family, or done within it. Page 273 Rule II. Fathers have a Tower to chaflife their of fending Children, but not a power of Life and T)eath. 27 > RuleIII. A Father has power over the Goods and Ter- fons of his Children^ fo as to be maintain^ edby them, 277 Rule IV. The Father s Tower doth not extend to mat- ters of Religion and perfwajtons of Faith. 279 The Contents. R U L E V. The Father s Tower over the Children can forgive an Injury done them without their leave ox confent. Page 281 Rule VI. A Father's Authority cannot remain after his ^eath, but the Sons Tiety to his Fat her ^ fnujl and may pafs upon him^ an indirect Obligation, 283 Rule VII. Neither the Father s Authority nor his Son^s Tiety can bind them to do an A£iion againfi the Laws of Gody or of the Fat hers ^ or ourjujl Super iours, 285 Rule VIII. It is not lawful for Children to enti^r into any lafting Courfe of Life^ againft the Will or Approbation of their Fathers or Barents. 28S Chap. VI. Of the Interpretation^ Diminution^ and Abrogation of Hitman Laws. Rule I. When the Letter of the Law is burdenfome and unjujl, the Meaning and Charity of it does only oblige the Confcience. 289 Rule The Contents. Rule II. JVhen the Tcjuer that made the Law does interpret it, the Interpretation obliges the Confcience as much as the Law^ dnd can releafe ths bond of Confcience fa far as the Interpretation extends ^ as much as if the Law were abrogated. Page 294 Rule III. A Law made for a particular Reafon, when that Reafon wholly ceafes^ does no longer oblige the Confcience, 297 Rule IV. The Legifator hath Tower to difpenfe in his own Laws for any Caufe that himf elf pru- dently foall judge to be reafonable, fo that 710 dtfiinci Inter eft be prejudiced or injured. 310 Rule V. The fame Tower that can difpenfe^ can alfo commute a "Duty^ and as in the fir ft it eafesy fo in the latter it binds the Confid- ence, 315 Rule VI. A Cufiom may interpret a Law, but can ne- njer abrogate it without the confient ofi the fiupreme Tower. ^ 315 Rule VIL Abrogation ofi a Law by a Competent y that is, the fupreme Tower, may be juft and redfionable, tho the Law it fielfi be neither unreafionable nor unjuft. ii9 The Contents. B O O K IV. Of the Nature and Gaufes of Good or Evil. W -i^ -^ -^ -^ W ■'^ -^ -^ r^ <^ -i;^ 1^ C H A P. L Of the efficient Caufcs of all human AiHionSy Good or Evil. R U li E I. AN Action is neither Good nor Evih ''j:jhen it is voluntary and chofen. Page 3 2^ Rule II. The virtual andinterpretative Confent ofthd fFilly is imputed to Good Or Evil, 342 Rule III. The aEl of the Will alone y alt ho no exter- nal Action or Event does follow y is impu- ted to Good or Evil by God and Man. i6z Rule IV. An involuntary Effe£i proceeding from d voluntary Caufe^ is imputable to the A- genty as if tt were voluntary and dtreB- ly chofen, b iji The Contents. RUL^E V. Nothing is good or bad but what we know^ or concerning which we are able to delibe^ rate. Page 375 Rule VI. Ignorance does always excufe the FaEty or lejfen the Malignity ofit^ or change th^ Kind or Nature of the Sin. 3 79 Rule YU. Fear, which makes our Reafon ufelefsy and fuffers us not to confidery leaves the AEii- ons it caufes free from Crime ^ even tho* itfelf be culpable, 384 ^^^^•^^^^^:^^^^ Chap. II. Of the final Caufe of Human A^ions^ and its Influence or Cafuality of Good and Evil, Rule L Jn every good ABion the Means and the End ought to befymbolicalyfothat agoodASH- on done for an evil End^ and an evilAiii- qn done for good End^ are alike crimi- nal 3S7 Euz*]? The Contents. Rule 11. To do an A6iion in it fe If lawful, for tempd- ral Regards, for Ends ofTrofit, Tlea- ' fure, or Honour ', is not un lawful, unlefs it be accidentally. Page 393 Rule- III. The End and Intention of a Law is under the Commandment, as much as the A^i^ on it [elf enjoyned, in Order to the End. 40Q bl ALifi y^ List of Juch Suhjcrihefs Names as have come ta the Undertaker's Hands. A. JOHN Andrews, Efq; John Anftis, Efq-, Garter King at Arms, Mr. Alleync, A, M. Fellow of Emanuel College. Mr. Edward Atkinfon, ^^/^ Chrift Church., Mr. Addington. Mr. Robert Arthur. Mr. George Archer. Mr. James Anderfon. B. Samuel Barnard ifton, Efq-^ Bartholomew, E/qi of Univcrfity College, Oxon. b 3 Reve- William Bickford, Efq-y Reverend ©r. Bcnnet, ReSior of Si. Gfiks's Cripple Gate. Reverend lAx, Browne, Re£ior of ^t^iMoxA^ Devon. Reverend Mr. George Baron. Rev, Mr. Tho. Burrington, (?f Exininftcr. Mr. Blackwell, A, B. ^Emanuel College, Mr. Rob. Barnard, e?f Chrift Church, Surrey. Mr.JohnBafmg, ^' Chrift Church, Surrey. Mrs. Anne Boy field, d^fChriftChurch, Surrey, Air. Thomas Brown, T>rapeT. Mr. Thomas Burton. Mr. Edward Brigden. Reverend Mr. Baiiy. Mr. Samuel Brent. Mr. Thomas Bifhop. Mrs. Anne Budgell. Mr. Budsen. Mr. Bowen, of Chrift Church, Surrey, Mr. Henry Buck, T>raper, Mrs. Elizabeth Browne. Mr. Richard Banbury, of St, Saviours. Reverend Mr. Broughton, Redior ^Barrow, Reverend Mr. Browne, 4- M. of Baliol College, Oxon. Mr. John Browne, three Books. Mr. John Bofwortb. Mrs. JaneBayley. Mr. Thpmas Purwell. Mr. Samuel Burdett. Mr.JohnBriant. v Mr. tfcnry BridgeSf. 7*^^ c. The Right Honourable Hugh, L^ri Clifford. The Right Hon, the Lady Anne Carew. *y/>John Colleton, Bar, ^/Exmouth, Devon. Shilflon Calmady, Efyy Reverend Mr. Casbcrd, Vicar of St. Tho- mas's, Southwark. John Conant, Efqy of Sidmouth, Devon. Reverend Mr. Crofts ^/Fulham. Mr. Herman Collin, Merchant. Mr. Edward Cookfey. Mrs. Anne Cummins. Mr. Chilvers. Reverend Mr. ]ohn Coppinj]^. Mr. Cock of Chrift Chinch. Mr. jofcph Cheeke of Exon. Mr. Shingsby Creily, Apothecary. Mr. Samuel Clark, Schoolmajter. Mr. Chriftopher Crooks. Reverend Mr. Carter, Re£tor of Culford. Reverend Mr. Cowper, Re^or of Bradley Magna. Reverend Mr. Cobb, ReBor of Wixoe, Suffolk. Reverend Mr. James Cox, A. M. Mr. Giles Clutterbuck. Mr. John Charrington, b 4 Sif ^/r William Drake, Bar. of Afh Devon. Richard Duke, Efq^ of Exeter. Reverend Mr. Davis of Carmarthen. Reverend Mr. Jofcph Drake, Fellow of iy^. Johns, Cambridge. Reverend Mr. Roger Da vies, A\ M, Reverend Vit, Docker, C«r/^/^ r, Hutchinlbn, ReBor of Ha- merfmith. Reverend Mxi. Halflead, ReBor ^j/'Stansfield, Suffolk. ReverendKt.VLzAti LeEturerofSt, Georges, Southwark. Reverend Mr. Hunt, A. M. of Hart Hall> Oxon. Reverend Mr. Hatchinfon, A. M. of Hart Hall, Oxon. Reverend Mr. Jz.mcs Horton. Reverend Mr, Humphreys. Reverend Mr. David Havard, A, M. Reverend Mr. Harvy. Reverend Mr. Walter Howell. A. M. Mr. John Hill. Mr. Holn^s, A.M- Felkw of Emanuel Col-' " lege. '' Mr.Hayc, ^Chifwick, thr^e Books ^ Mr. Hurft, of St. Saviours. Mrs. Dorothy Hicks.. Mr. Benjamin Hodges. Mr. Tho. Hurdman, Mr.Ed ward Hobday. ^ Mr. Edward Harradca. -~^[^^^ I. Jennings, Efqy J^everend Mr. Jenkin, A. M. Fellow of «yr. Johns, Cambridge. JLewrend Mr. Jcnks, A. M. ReEior of St. Dunftans. Jleverend Mr. Johnfon, . Rector of Long Melford. Reverend yix. George Jones. Reverend Mr. Ives. Reverend M.T. Anthony Jones, A. M. Mr. Richard Jones. Mr. William Jackfon, ^Chrift Church, Mrs.Jackfon, t?/' Chrift Church. K. Sir Arthur Kaye, Bar. James Kingfmell, Efq-y Collonei King. J??^^^^rf»/^Mr. Kinnerfley, A, M. Reverend Mr. Kerie, Re£ior of Iflington. Reverend Mr. Matthew Kayh. Mr. Kinder, of aS*^. 'Saviours. Reverend Mr. K^ipling, A, M. Reverend Mx, James King, Mr. Edward Knight, of Chrift Church, Surrey. Mr. Edward King, of Oxon. Mr. David Ketchci^cU, of London^ Merchant. Mr. Wil- Mr. William Knipc. Mr. Kingsford. Mr. Kina(lon. Mr. John Kindnefs. Mr. William Kelly. Mr. Daniel Kew. L. Laying, Efq^ Reverend Mr. Lithgold, ReEior of Rcw^ Devon, Reverend Mr. Law. Reverend Mr. Leake, Fellow of St, Johns, Cambridge. Mr. Henry Layng, A, M. Fellow of Kind's College, Cambridge. Mr. John Lodge. Mr. William Lediard. Mr. JohnLoyde. M. John Morley, Efq; of South Halftcad, Effcx. William Meare, Efq; Humphry Milward, Efq; Reverend Mv. Maltiward, Re^or of H^wkc- don, Suffolk. Reverend Mr. Merriman, Reverend IAtl. Morton. Reverend Mr. Mofs. Reverend Vlx., Walter Morgan. Reverend Mr. Martin, C«m/^^Cockfield. ^eve- Reverend Mr. Middlcton, LeBurer of St. Brides. Reverend Mr. Mickleborough, Fellow^/ Bennct College, Cambridge. Reverend Mr. Manning. Mr. John Mills. Mr. Meare. Mr. Morris. Mr. Mawbrcy. Mr. Maftcrs. Mr. Thomas Matfon. Mr. Ifaac Mackay. Mr. John Maih. Mr, James Manby. Mr. Samuel Mann. Mr. Charles Mofclcy, Fellaw of Mertiii College. Mr. Maynard, ^/ Chrift Church, Surrey. Mr. Edward Man^ of Exeter. Mr. Richard Maunder, _///w. Mrs. Amy Michel, ^Exeter. Mr. Thomas Mangles. Mr. Timothy Maintrue, of Chrift Church. Mr. John Mumford. Jvlr. Henry Mountney. Mr. Will. Mawbrey. N. John Ncale, Efq\ (t/" Chrift Church, Surrey^ two Books. Rev€rendT)r. Newton, ^/Hart Hall, Oxon. Jix Books. Reve- Mr. Thomas Nicholas.^ Mr. John Nixon. Mr. Neviil. Mr, Newhurft. Reverend Mr. Nobk. Mr. William Nclfon. M r. John Napp. O. Reverend yii.O%\\h^, Reverend Mr. Orton, Reverend Ml. O^itcsy Reiior of Wii\iQihiit\di SufFolk. Mr. William Oaklcyj Mr. John Oxcndcn. P. Sir Thomas Peyton, Bar. Adam Pierce, Efqi Reverend Mr, Prichard, A. M. iJfr. Peers, ^/Hart Hall, Oxon. Mr. Robert Plum, ^/Chrift Chuj^ch. Mrs. Elizabeth PoUexfen. Reverend Mr. Thomas Powell> A. M. Captain Vincent Pearfc. Reverend Mr. Vki;[Qn^ A.M. (?fRotherith. Robert r; Robert Robinfon, Efq-, Recorder of Scar. borough. Jonathan Rafhlcigh, Efqi Reverend Mr. James Rowe, Re£tor of Idcford. Reverend Mr, Ring. William Rutty, M. ©. Mr, John Rowe, 1>ruggiji, iWr. Rigby, ^/Chrift Church. Mr, Rofc, of St, Saviouri. Reverend Mr, Rant. Mr. Alexander Rayncr, Fellow of Oriel College. Reverend Mr, Robifhaw. Reverend Mr. Richardfon, Curate of Pof- lingford. Mr. Racket, of St. Saviours, Southwark. Reverend Mr. Richard Rowe. Reverend Mr, William Rogers. Mr, George Robinfon. Mr, Edward Richards. Mr. Jeremiah Roe, 6 Books, Mr, Thomas Ruffcl, ^/Loudon, Merchant. Mr, Michael Ruffel. iWr, George Roberts. The The Right Honourable General William Stewart. -Sanderfon, Efq-, Reverend Mr, Sutton, Trehend of BriftoL ReverendT>r. Smith, Re^or of St. D\oms Back Church. Reverend Mr, Spatcnian, ReEtor of Great St. Bartholomews. Mr. Simpfon, Fellow of St, John's Collegc> Cambrid2;c. Reverend Mr, John Serjeant, r. Watfon, ReSfor of Wait brook, London. • ^ Reverend Mr. Warren, plied, it would have been a Renouncing their Religion, and a Contemft of their Law, But this could not be fippofed in the Cafe of the Princes; not oily becaufe it cannot be imagined that the Princes and the whole Army were Contenners of the Law% but becaufe that very traffgreiling of the Law, was in fighting in Eefence of it and the whole Nation. ' |uft thus it is in human LaVs : The Sa- crednefs of the Authority my be main- tained md their OUigation, 25 tamed with the Hazard of our Lives ; and fmce to dcfpife then, is always criminal > we muft, tho' the Matter of them appear \z(^s momentous or confiderable, rather die than do it: But this is to be underftood with fome Limitation 5 for tho' it be true, that we muft rather die, than contemn the Laws 5 yet he, who tranfgrefies them for no other Reafon than to fave his Life, is not a Contemner of the Law in doing that for which he hath great Reafon and great Neceffity. 3. In cafe of Scandal or Injury offered to Religion, or the Confeifion of our Faith, we are rather to die, than tranfgrefs a po- ' fitive Law of God or Man relating to them. We are upon no Account to do thofe Things which fhall be interpreted a Renun- ciation of our Religion, or of the Laws of our Superior, or is a Scandal to a weak Bro- ther : And this is what St. 'Paul faid, / will eat no Fkfb fo long as the JVorld Jland<^thy rather than caufe my Brother t§ offend. But the Rule teaches, that not only the Danger of Death,but the avoiding a very great and intolerable Evil, may be fuiScient to excufc Difobedience to human Laws from being a Sin.j and this fhall be particularly con- fidcred in the following Rules. RUL E a 6 Of Human Laws in General^ Rule III. The Laws of our Superior , 'which are not juji and goody do not bind the Con- fcience. Laws are no better than publick Mif- chiefs, if they oblige to injuftice. To ap- point any Thing therefore, which is unjuil or criminal, is againft the Nature of Laws, and cannot proceed from a due Exercife of Power in the Superior. Now a Law may be unjuftupon many Accounts; i. if it be made by an incompetent Peribn, or by one who hath no Authority. 2. If it be made in an incompetent or undue Matter ; as when Saul commanded the Amalakite to fall upon him and kill him : He was indeed a Prince, but in that Cafe could make no Law, and therefore ought not to be obeyed. 3. Human Laws may be unjuft, when a juft Power in a competent Matter, goes on to excefs, or trangrefles its proper Bounds. He who Excommunicates a Perfon not of his Diocefe, does not bind the Perfon ex- communicated by that Sentence : And P/- late had nothing to do^vith the holy y^i", till Herod had fent him back to him. 4. Human Laws may be unjuft by a Defed in the juft and regular De%n of them i that is. and their Ohligatlon. 07 rs, when the Law does not contribute fo much to the publick Benefit, as to the pri- vate Advantage of him who enaded it : But if the Law be apt to ferve the publick Good, whatever the fecret Intereft and Dcfign of the Prince may be, it may only hurt the Man, but ought not to render the Law ufelefs. It has been faid of King Henry the 8th. of England y that he deftroyed the 'Popes Authority in Englandy only upon the Motives of Luft and Revenge : Be it fo i yet fo long as he did Good, tho' for evil Ends, it is the worfe indeed for him, but not for us. Indeed, fince Power is in- ^ trufted in the Hands of the Magiftrate, on- ly for the common Good ; the common Good fiiould be his ^rand Motive for niak- ing any Laws. If therefore a Prince paf- feth a Law, calculated for his own Benefit, rather than the publick Good, he is a Tyrant, and his Lav/s have no Sanction, but fear, nor do they lay any Obligation upon the Confciencc. And in Fact, the Law it felf declares that fuch Things as are paffed into Laws againft the Good of the Subjed, are properly no Laws j bccaufe it is no where granted to the Superior to exercife his Power \x\ what Manner he pleafes. 5, Kence it is, that when a Law, by an Alteration of Things or Cafes, fhall be- come hurtful to the Publick, it is, faith Aqtiinas^ Of Human Lazvs in General^ Aqtiinas, no longer to be obferved , for vaich he gives this Inftance : A Law is made that during the Time of the Siege, the Gates of the City be always kept fhut y but the Guards are not obliged to ob- fcrve this Law, when the Citizens fly to- wards them, from the Purfuit of the Ene- my : And the Reafon is plain; for the Prince is to be prefumed good and gentle, at Icaft he is confidered fo in Lawj whatever Cafe therefore, happens in which the Subjeds are aggrieved, we are to fuppofe that it happens contrary to the Intention of the Law, and was not forefeen by the Law-giver : This therefore we may depend upon, that he, who is fogood and genie, and a Father of his Country, would, if he prefent and beheld this Evil, free us from our Obedi- ence to the Law 5 butfince he is not here, and we have fomuch Reafon to know what he would have done in this Cafe 5 we may prefume upon his Permifllon, to break this Law. 5. In making Laws of Burden, there ought to be a near Proportion between the Burden and the Reafon for impofing iti for excefs in thefe Cafes, Refleds upon the Charity and Equity of the Prince, and looks too much like Rapine and Impiety : And therefore, tho' it may opprefs the Sub- jed, who hath no Remedy but Prayers and Tears i yet the Conference is at Liberty, and and their OhUgation. a 9 and may endeavoui* to procure a Remiffioa by any Methods of Peace and Piety. But in putting this in Practice, thefc Cautions ought to be obferved. I. The Inconvenience and Injuftice muft be very plain and vifibie, before it can be made ufe of as a Rcafon for break- ing a Law. I can never juftify my Difobc- dience by fancying only the Law is unjuft. 2. When there is a favourable Cafe for breaking a Law, if we have Time and Op- portunity, we ought to get the Permifllon of the Superior j for thereby we do him Honour, and exprefs our Value for his Laws : But where the Danger is imminent, and we have no Opportunity, we may there prefume upon his Leave. 3. But this is feldom to be done, but when the Law interferes with the publick Good. For if it be ftill confiftent with the common In- tereft, tho' it affeds the Welfare of a par- ticular Perfon, the Law hath left a Power of ditpenfing in the Hands of proper Mini- flers : But a private Perfon may not fo eafily tranfgrefs the Law 5 at lead he is tied to other Conditions, is obliged to more Caution, and a fcvcrer Conduct, of which I (hail give fome farther Account in the Chapter concerning the Diminution of Laws. Rule 50 Of Human Laws in General y Rule IV. ji Law founded upon a falfe Trefumption^^ does not bind the Confcience. When a Law is founded upon a bare Sup- pofition, if that fhould fail, it is to be pre- lumed that the Law-giver does not intend to oblige. Thc(:^yEgmetes in a War with the Athenians, made it Death for an Athe- nian to be found in their Country 5 but when Tlato, then a Slave, was forced thi- ther by a Storm, one of the Citizens of t^Egina preferved his Life by an Artifice, and did it according to the Intent of the Law : For this Law being made upon a Pre- fiimption that any Athenian, who came among them, Ccirne with an ill {De/ign 5 they could not fLfped that Tlato, when they knew his Cafe and Misfortunes, came among -them with any fuch View; and therefore it was rightly judged, that he ought not to fall under the Penalty of that Law. In like Manner a certain Spa- nijh Gentleman walking one Night in Se- vily was apprehended by an Officer, and found to have Arms about him, contrary to Law : As they were conveying him -to Prifon, at the End of a^ Street, they found a Man ncwJy murdered. The Law pre- fumed and their Olligation. 3 I fumcJ him to be the Murtherer, upon the Circumftancc of his walkiiig Armed at fuch an unfeafonable Time. He was accuied, but by the Means of powerful Friends, his Life was favcd ; but he was fentcnced to maintain the Widow and Children of the dead Man. He knew his own Innocence, and therefore was not obliged in Confci- ence to fupport them, becaufe the Law de- pending upon a wrong Prcfumption, could not bind. But that wc may not err in the Pradice of this, wc muft diflinguiih between two kinds of Prefumptioui the one relating purely to Matters of Fad 5 the other, to fome Dangers which may be fuppofed to arifc. The one is of Jujlicey the other of Caution, The Examples above-mentioned, are properly Prcfumptions oiFaEi^ in which the Rule holds without Exception. But in the Prcfumptions of CautiaUy the Cafe is fomewhat different. The Law does vacate the Contrads entered into by Minors^ be- caufe they being hitherto weak and indif- creet, it is fuppofed that almoft whatever they do, is done weakly and indifcreetly : And it is highly proper that the Law fhould be their Guard, againft the Evils of their ^^ Ignorance. Now the reafon of the Diffe- rence in thefe two kinds of Prcfumptions, is this: In Prcfumptions of Fa£iy if the Truth 51 Of Human Laws in General^ Truth of the Fad fails, the whole Founda- tion of the Law fails iikewife. But in Pre- fumptions of Qautioriy or of pre fuppofmg Danger, which does ufually happen, it is quite otherwife. For though it fhould fail in fome Inftances, yet it would hold in xnofl: 3 and that is fufficient to fupport a Law, which provides rather for the more common Emergencies, than for thofe which very feldom happen. In this Cafe there- fore, the Law ftcms to be founded rather upon a certain Judgment, than on a Pre- fumption. Rule V. Human Lai2:s do bind the Confcience to or from an AH in Secret y as well as in TiwlicL Some Things are in their own Nature fo fecret, as to fall under the Knowledge of God only. Such are the Thoughts of the Heart, the particular Inclinations of the Mind, and the Ads and Judgments of the Underftanding. Thcfe God only can cer- tainly know 5 nor can any but he punifii ► for them. Other Adions indeed may be fe- cret, but that is only for want of Proof. Some of thefe are obferved by one Witncfs^ and fome by more than oVie i and thofe which " are and their Obligation. ^^ are obfcrved, are either brought or not brought into Judgment. Now according to the different Parts of thefe Diftindions, the Rule holds good feveral Ways. I . Thofe Adions, which are done privately, and under the Obfervation of a few, change their Nature in beins brought into luds:- ment, and become Publick: And therefore are as much under the Power of the Law, as if they were aded in the Face of the Sun. 2. Other Adions may be fecret, be- caufe they can be proved but by one Wit- nefs. Indeed, in fome Cafes one Wit- nefs fhall be fufficient, as in Cafe of Trea- fon 5 but if the Adion be fo fecret, that it cannot competently be proved j it is true, the Law does not punifh it, but it fain would punifh it ; and therefore declares the private Adion to be a Difobedience and Tranfgref- iion. 3. But if the Adion were altogether fecret, then indeed he Judge takes no notice of it. Unknown Tranlgreffions of the Law, fall not under his Cognizance : But that an Adion be known or unknown, it alters the Cafe indeed, as to the Punifhment, but not at all as to the Offence, excepting only the Scandal, and the Example. Now that the Law defigns to forbid fuch Adions, is plain from the fevere Scrutiny and ftcoceedings againft fuch as are accidental- ly brought to Light. Sufpicion, Probability, Vol. IL D FamG, ^4- Of Human Laws in General ^ Fame, or Rumour, are fomctimes enough to make the Law begin her Procefs and her Search, which ihe carries on Ibmelimes by Examination upon Oath, and fonietimes by Torture. Now if it (liould be here rephed, that this is the beginning of Publication, and that the Law proceeds only in Propor- tion to the Adions being publick ; I anfwer, that it is true, and flic cannot proceed other- wife : And therefore if the Qiieftion here had been, whether fecret Actions might be puniflied by human Laws, I fhould have an- fwercd otherwife, and fo the Lawyers dif- pute it. But the Queftion here being, whe-* thcr or no the Confcience be bound, I am only to fay, that the bare Publication of an Adion, does not make it a Sin : It indeed reveals the Adion, and the Law declares it, or makes it to be a Crime. For a Man is not to die for Theft unlefs he be found out 5 and when he is found out, it is for his Theft he dies, and not for his Difcovery. From hence therefore it follows, that a Thing done in Oppofition to the Law, be it done never fo fecretly, is a Sin: And here is the Bene- fit and Advantage of the Wifdom and OEco- nomy of God, in the Verification of hu- man Laws i he confirms the Laws of Men, he ratifies in Heaven w^iat they bind on Earth, and he fees likewife what is dBne in the laioft fecret CoriVer of the Earth, and -i Judges arid their OhUgation. 55 judges accordingly. 4. But as to thofc Acll- ons, which are (o fccrct in their own Na- ture, that they cannot poilibly fall under the Cognizance of human Laws and Judi- catories, the Cafe is much more difficult; it being generally the Opinion of Divines, that no human Power can prefcribc inter- nal Ads : And that therefore whatever we think or dcHre, upon Condition we do what is commanded, the Law of Man is fatis- fied. I fhall therefore in few Words confidcr the Qiieftion, Whether human Laws can prefcribe, or prohibit inward Atts. Now, it being generally confcfled, that human Laws have Power to contfitute Ani- ons of themfclves indifferent, into the Or- der of Virtue and Vice, making that to be Inceft or Theft, which before the Law was neither Theft nor Inceft 5 if this Law doth only fo far alter the Action as to make it an Inftance of Obedience, or Difobedience only, then it has no Power over our inward Aftions : But if human Laws have changed an Aftion, not only to an Inftance of Obe- dience or Difobedience, . but have likcwife placed it in the Order of fome Virtue or Vice ; then thefc Law have Power over the Coni^i.encc, even in our moll fecrct Acli- ons; not indeed "dircdly, and from the na- tural Extent of their own Power, but indi- D 2 rectiy, 36 Of Human Laws in General ^ reftly, and in Confequcnce of the Laws of God. And the Reafbn fccms plain, for fmce it is not lawful to commit Adultery, or Murder, or Incell, in our Hearts i the Law therefore which conftitutes this Adion, and makes it to be Murder, &c. docs confe- quently oblige the Confcience not foniuch as to defire it. That Law which inflids Punifhment upon the Criminal before he hath done the EviU does, no doubt, punifh only for the internal Adion : For when a guilty Defign is difco- vered before it be put in Execution $ if the Author of it be puniflied, it is not for the Adion, but for the Thought. Cicero lias a fine Obfervation to this Purpofe in his Oration, Tro T. Annio Mtlone^ Niji forte quia perfe£ta res non efty &c. Not to pu- nifh the Fault becaufe the Mifchief was not donCy is as much as to fay^ that the Laws are not to punifh wicked "Dejigns, but wicked Events only. But that human Laws may command or forbid internal Aftions, is abfolutcly cer- tain, from the Cafes of Chance-Medley ^ Man-Jlaughter, and wilful Murder : Where the Adion being wholly differenced by the Intention of the Heart, docs inconteftably prove, that even the Thoughts of Meiyvhen they are difcovered, are punifhed by numan Laws, And though' a ManV Thoughts arc not and their Obligation. ^7 not punifhed 'till they arc laid open by fomc outward Adion, becaufe othcrwife they arc not known ; neither could they be punifhed when they are difcovered, if they were not puniiliablc in themfelves, and Criminal againft the Laws of Men; Rule VL Human Laws before fufficient Promulga- tion do not oblige the Confcience, ! As the Faults of Subjefts cannot be known unlcfs they are publifhed, fo neither can the Wills of Princes : Thus much is certain ^ but the Difficulty is, to determine the fufficiency of the Promulgation 5 and, perhaps, it'is impoffible to affign it 5 but as far as Confcience can be concerned in it, the following Propofitions are fufficient to Inftrud us. I. It is not neceflary that Laws in their Promulgation, fliould be fo particularly divulged, as to reach the Ears of every Sub- )ed 5 not only becaufe in moft Laws all are not concerned, but becaufe it is abfolutely impoffible that the Knowledge of each Law fhould reach to all. 2. Be the Pub- lication of Laws fufficient, or not fuffici- cntj it is evident, that the Confcience can- not be obliged by any Law till it be known. D 3 I do 5 8 Of Human Laws in General ^ .1 do not fay, that in this Cafe, to Act againft them, is never punifliable, becaufe the Law may be promulged as carefully as is poffible, or as is prudently, or civilly re- quired, but yet fome may inculpably be ignorant of it: However that be, it is im- pollible that they who know it not, fhould obey it 5 and if they cannot obey, nothing is more certain than . that they cannot be obliged. 3. The Gare and fufficicncy of the Promulgation of Laws, lies wholly upon the Law-giver. The Subjedt is not obliged to feck after the Law, but only to take Care that he turns not his Ear from it, nor in- duftriouily declines the Knowledge of it. Indeed, if a. Subjed hath an imperfed No- tion of a certain Law, he is then bound to enquire after it, becaufe it is then fuflici- ently promulged to render him Guilty, if he afterwards Ads in Oppofitionto it. PvULE. VII. That a Law fhonU oblige the Confciencey doth not depend upon the Acceptation of the Law J by the Teople, This Rule hath- fuffered much by the contrary Opinions of the Civilians and Canonijis about it, and has been generally difputed by thofe \^ho live under popular Govern- and their Gbltgatton, 39 Governments. Let us endeavour to find out the Realbn of it. And I. Let it be oblervcd, that all Go- vernments in the World began either Right or Wrong. If Government began Right, it was of divine Appointment, or by the Multiplication of the Pofterity of a Patriarch, and the Increafe of paternal Government. This Teems to be the natural Way, and is founded upon a natural Reafon, and a di- vine Command. 2. But if Government commences not this Way, it comes in wrong. It begun either from Tumults, from the Neceflity or Expediency of Government, or elfe by War and Violence. Thefe and other Difordenrs have given Rife to fe- vera! Republicks and Principalities. And when it happens that any famous Govern- ment commenced the wrong Way, they became exemplary to others, by the Fine- ncfs of their Policy, and eafily made their Aftions a Rule to others. Thus the Roman People preferving the legiflative Power in their own Hands, made Kings and Confuls at their Pleafure 5 but their Confent was always asked to any Law, previous to the palling it. A View of the Glory and Power of this famous People, did naturally raife in other Nations the fame Difpofitions, who wanted but little Inftrudion to bridle the Power of their Princes, to which they D 4 were 40 Of Human Laws in Generalj were ftrongly tempted by that Luft of Power which poflefles the greatefl: Part of Mankind. Befides all this, fome good na- tured Princes have given Way to, and en- couraged this Ambition in the Multitude, in being unwilling to put a Bridle upon fuch an untamed Beaft, without its own Con- fent, hoping that they would obey the more willingly, and thinking it better for them to obey juft as they have a Mind, than not obey at all. It is, I fay, for thefe and the likeReafons, that in manyPlaces Laws receive their binding Power, merely from the Con- fent of the People. Having thus endeavoured to difcover the Reafon of this Opinion, that Laws do not bind the Confcience, but by the Confent of the People, and thereby obviated the Objedlions that are commonly made; the Rule is now certain and eafy. The Con- fent of the People can give no Authority to the Law, nor is it any Way neceffary to the Sanftion of it, unlefs to prevent Vio- lence, Rebellion and Difobcdicnce. If the Legiflative Power, be in the Prince, if he be the Supreme, he is to decree the Law : But in whomfoever the^ Authority licsy that Authority is from God, and is only lefs than him. In popular Governments indeed, the Peo- ple have their Voices in the Legiflature; .but and their Obligation. ^i but then it is, becaufc they Govern s but when they have no Share in the Legiflaturc ; he who has Poffeflion of it, is not to ask them leave to cxercifc the Power which God hath given him. They indeed who take the Prince to be- only a Truftee or Minifter for the People, haye fome pretence, if they fuppofed right, for aflerting theCon- fent of the People, to be neceflary ^ and yet, if they did fuppofe right, this would, after all, be a Pretence, and no more. (For when the King is once chofen, and is by the People invefted with the legal Power, and the legiflative s he, by himfelf, or his Senate, according to the particular Con- ftitution of the Country, is to decree Laws, to puniih the Tranfgreflbrs of them, and not to ask them if they are pleafed to obey. Rule VIIL Humen Laws whofe Matter is indifferent ^ do not oblige the Confcience of the Sub- jects out of the "Dominions of the Su- perior, Lex eft jus- fropr turn Civitatts, faith the Law J the Law hath no Tower beyond its own City. Strangers muft live by the Laws of thofe Countries wheiw they fojourn; it 4^ Of Human Ld'ws in General^ it is therefore certain, that they cannot be obliged to obfervc the Laws of their own Country 5 bccaufc they may polllbly in- terfere with thofe Laws which they arc obliged to coniirm to in another Country. But here are feveral Limitations to be obferved under this Rule. i. It does not hold good in the fubftantial Matters of Re- ligion, where the Religions of each Coun- try differ. Thus the genuine Members of the Church of England, who believe Epif- copacy neccffary to the regular Govern- ment of the Chriftian Church, cannot law- fully communicate w^th thofe foreign Churches who believe it to be Anti-chrifti- an and unlawful : For this Opinion of theirs implies fome evil, or detriment to thofe Laws, and that Authority to which we think our felves ncceifarily obliged to fub- mit. But in thofe Parts of Religion which are purely ritual or ceremonial, we are left at greater Liberty. We may ftand at the Communion, or eat it in leavened Bread, if we communicate with any foreign Church- es, v/here it is cuftomary fo to do ; and the Reafon is, becaufethe contrary would give Scandal, to v/hich our own Laws nei- ther do, nor can oblige us in foreign- Coun- tries. 2. This Rule fails likewifc in thofe Laws which are Specifications of the di- vine Laws. "If an Englijh Subjed, fhould in and their Obligation. 45 in S/fain fee his Daughter diflionoured, or his Wife confentingto her Shame, and Ihould take her in Adultery, he may not kill his Wife or Daughter, tho' in the fame Cir- cumftance a Spamar^^ mi^j^ht kill his: And the Reafon is, beeaufe -fhe is not a Subject of Spam J but of England -y and therefore it is murder, if Ihe be llain by an Englijlo Subjed. But if a Spaniard fhould de- bauch the Wife of an Engli^ Subjed, in Spahj it may be lawful to kill him j be- eaufe he is condenmcd by the Law of his own Prince, which in this Cafe, permits the injured Perfon to be the Executioner. 3. This Rule is of no Force, when tho' the Subjed be abroad, yet the Adion bears a Relation to his own Country. Thus it cannot be lawful to counterfeit the Money of his own Country, to defame or violate the Honour of his Prince 5 to betray his Defigns, or in any kind to prejudice his Subjeds: Por thefe. Evils, tho' done abroad, . being a real Injury to his own Country, do as ' neceflarily fender him Guilty, as if he had done them at home. Under thefe Limitations, the Rule cer- tainly holds good, and Men are certainly bound by the Laws of thofe Countries, thro* which they pafs, or in which they Trade : And the Reafon, why Men, unlefs in the Cafes abovefaid, are not bound abroad to obferve ij./j. Of Human Lazvs in General^ obfcrve the Laws of their own Country, is, that the Jurifdidion of their own Prince reaches not into the Dominions of another, to whofe Laws they are now obhged to fubniit. Rule IX. Obedience to the Laws is to be obferved, according to what is commanded, and not according to what is bejL Aulas Gellius informs us of one Lacony who, when Viftory began to incline to his Side, having lifted his Arm to ftrike a confiderabJe Enemy, on a fudden flopped his Blow and retired. To one, who asked why he did not ftrike, he gave this Anfwer^ That it was better to obey^ than to kill an Enemy, And though the Son of Manlius TorquatuSy at that Time Conful, won a glorious Viftory ; yet, as he did it not, but by breaking the Orders of his Father, he loft his Head. * It is not often Good to be wifer than the Laws. We feldom underftand the pri- vate Reafon of our Prince's Command j and obedience may be better taken, than a Good turn, which is fometimes ill recei- ved, when it is not required. And thus it is, with the Regard "to the Command of God and their ObUgation. 4.5 God. When he hath made known his Will, and limited our Duty to Circum- ftances and Particulars, we are not to an- fwcr him, by doing what we take to be more proper : We arc not to run after Sermons, at thofe Times when we ought to labour for Bread for our Family : That which we may think better than a Com- mandment, is not better ; and thus much God declares in the Cafe of Sau/, when he faid. Obedience is better than Sacrifice. But this Rule is to be taken according to the Intention, and not according to the Letter of the Law : For if there be any Thing plainly better in the Defign, than is cxpreflcd in the Letter of the Law, no doubt that is to be done. But of this, in the Chapter concerning the Interpreta- tion of Laws. Chap. 4^ Of LazvSy . Chap. II. Of Laws £enal^ and tributary. R U L E I. // is la'-jDJid for Chrijlian Magiflrates to make penal Lawsy not only ^uamiarj and Reftraining, but of the Lofs of Member ^ and of Ltfe itfelf WHatfoevcr is abfolutcly neccflary, is juft; for that muft be done, which cannot be avoided. And therefore the Power of the Magiftratc in puniiliing thofe who tranfgrcfs the Laws of Peace, Order and ^ Intereft, is highly juft: For without a Power of Coercion, there can be no Government; and witiiout Government there can be no Communities of Men. There is more Peace and Unity among an Herd of Wolves, than there can be in any Number of Men, who are not governed by one and the fame Rea- fon, or fubmit not to the fame Power. But I fhall here take it for granted, that Magiftracy is an Ordinance of God, there being fo many Places in Scripture, which plainly prove it; and particularly, it being affirmed by St. Taul^ That he beareth not the Sword in vain^ and that they who have done Tend and Trihutary. 47 done Evil ought to fear. I fhall therefore only obiervc, that the Precept of Charity, which Chrift fo frequently, fo ftrongly, and fo-ievcrely Inculcates, ought not to vacate the Power of Princes. For the Pre- cept of forgiving Offenders, docs not rc- ftrain a Father from correcting a faulty Child, nor a Mafter from chaftifuig an unruly Ser- vant, nor the Church from excommunica- ting thofe who walk Diforderly. It is plain therefore, that fomc Punifhment is confi- ftent with the Precept of Forgiving ; and if the injured Man be not allowed to pu- niih without breach of Charity, yet iome one elle may. And that the Magiilrate hath this Power, is certain from the Pradice of the Apoftles, and of the primitive Churches, who delivered over great Criminals to the Power of Satarij to be bujfettedy even to the T)eJlru6iion of the Flefb, that their Souls might be fervedin the 'Day of the Lord, Here therefore lies the great Cafe of Confcience> Tho'-all Punifhments on this fide Death, may, like the Corredionsof a Parent, which are defigned for the Child's Amendment, confift with Charity 5 yet in Death there is no Amendment. Therefore to give a Man over to Death before he hath attoned for his Sin ; that is, before it is par- doned, and thereby to fend him to Hell, is 48 Of LawSy is highly againfl: Charity; and therefore no Man can have Power to do it. To this it may be anfwered 5 i. That it is very true, that whatfoever is inconfiftent with Charity, could not proceed from Juftice. But when the Follies and Diforders of Men, have dangeroufly embarraffed their own and the publick Affairs, they may make that neceflary to be done, which in the firft Order and Defign of Things was not to be endured* The Magiftrate who is con- ftituted to provide for the Happinefs of the Subjed, and to fecure his Rights, miift pull down the Houfe even of an honeft Man, if it fhall appear to him neceffary to preferve a Town or Street. And in Cafes of Guilt, he who introduces the Evil, is really the Caufe of the Punifhment, and not lie who is obliged to inflid this Punifliment, as his beft Remedy againfl: Evil ; which, as far as he is able, he is bound to prevent. 2. Tho* it be true, that Charity is the Du- ty of every Chriftian, yet all Chriftians are not to cxprefs it in the fame Manner. There are fome Expreffions of Charity, which in fome Perfons may be real Duties, and yet in others (hall be breaches of Duty. The Charity of a Prelate is very different from the Charity of a Prince ; and when the Mi- nifler of Religion takes Care of the Soul of the poor condemned ^Man, the Prince takes care ^cnal and Trlhutary. 4.9 care that his Body lliail enable him to do no more Mifchief, and incrcafe his fiid Ac- count with God. The Magiftrate therefore, when in the prefent Cafe he does Jufticc, ' certainly docs not ad againll Ciiarity. For in the Capacity and Office of a Magiftratc, he ferves the proper Ends of Charity ; he ads with a View to the publick Good, which is, in the trueft Senfe, not only the Duty^ but the Charity of the Magiftrate. 3. That which is abfoiutely nccefiary to be done, is not inconfiftent with any Man's . Duty, or with any Chrifdan Precept. Now that fome forts of Perfons fliould be punirti- cd with Death, is fo neceifary, that w^ere it not done, the Magiftrate would make him- felf guilty of a greater want of Charity, than in putting to Death an Offender. For Thieves and Murderers, 'till they are taken, barbaroufly cut off many who little think of Death 5 who tho' they may not have of- fended againft the Magiftrate, may yet be very guilty before God; for whofe Souls, and the fpace of whofe Repentance there is but poor Provifion made, if They were to live, who thus cruelly, and thus fuddenly difpatch them into the other World. And if it be unlawful to put a Criminal to Death 'till he have fufficiently Repented, then no Villain will ever die by the Hand of Jufticc 5 and the viler the Man is, the longer iliall Vol. II. E he 50 Of LazvSj he live, and the better fhall he efcape. For if he doth but relolve never to repent, he blunts the Edge of the Sword, and forever diiarms the Arm of ]uftice. 4. Bcfides, no Man can fay, that the un- happy Criminal, who makes the beft ufe of his Time after Sentence, or after his firft Apprehenfions of it, llhall be certainly dam- ned for want of more Time for Repentance. For as no Man canpretend to fay how much Time is neceifary s fo neither can he know how, and how real the Repentance may be, nor how foon God may look merci- fully upon him. There are indeed fome wife and pious Perfons, who in this Cafe, exprefs great Fear and Diftruft : But their Fears would be much more regularly exer- ted, when they engage them rather in ob- flrudingthe Courfeof Vice, than the Courfe of Juftice. 5. Each Man who lives under any Go- vernment, is fuppofed to know the Condi- tions of it, its publick Laws, and the Man- • ner of putting them in Execution. And he who is apprized of this, if he will defpife the Danser when he falls into it, ousht not to complain of the Juftice of the Law, but of that Folly of his which engaged him to negled his Life, and chufe Death and De- ftru(aion. It Venal and Trllutary. 51 It may appear from thcfe Confiderations, that the Pretence of Charity ought not to vacate that Judice which hath given Com- milfion to all lawful Magiftratcs, and War- rant to all capital Sentences. Yet this Power of infliding capital Punilliment, ought not to be exercifed in trifling Cafes, or for every little Difobedience to Command. In fhort, it ought never to be recurred to, but in thegrcat Exigenciesof the Common wealth. Nothing can recompence or make neccfiary the lofs of a Man's Life, but the prcferving the Life of a better Man, or the Lives and Happinefs of great Numbers in the Com- munity. When any of thefe is at Stake, it is highly neceflary that the Innocent be fecured by the Punlfnment of the Guilty. Cicero hath fet this Point in a very clear Light, in his Argument againft C^/^^^/zj up- Philip. vL on this very Queftion. Cicero would have no Citizen deferve to die j but Calenus would have none put to Death, tho* they deferved it. But Cicero thought that as in the Body natural, we cut off an Arm to fave the whole I fo in the Body politick we do the like, that nothing remain alive which will make the other die. It is an hard Sen- tence it is true 5 but this is an hardier : jLet the IVicked live^ and let the Innocent y the Good, the Jtifl, let the whole Common- wealth be deftroyed. This, we fee, is natu- E 2 xal 5^ Of LawSy ral Reafon ; but it is likewife fomething more 5 it is alio a Law exprefied and ap- Gen. b\ Pointed by God himfelf : He who p^eddeth Mans Bloody by Man fDall his Blood be Jhed. Rule II. Tenal Laws do fometimes oblige the Guil- ty Terfon, to the fujfering, the Tunifh- ment^ even be fore, the Sentence and de- claration of the Judge, That this holds true, in regard to divine Laws, is paft difpute ,- for we may fee it ^ aftually verified in the Laws and Conftitu- 25"", 26!^''^^^"s> both M§faical and EvangelicaL He who ftruck out the Eye orTooth of a Servant, was obliged to give him his Liberty : Now it is very probable, that the Matter was to do this of himfelf, without any Compui- fion from the Judge. For God, who de- figned a Remedy for the injured Servant, feems not to have provided any, if he left the Matter to the Judge, to whom the Ser- vant could not apply without his Mailer's Leave: God therefore obliged the Confci- cnce of the Mailer, under Pain of his Dif- pleafure to fee that a proper Remedy be given i and that the Penalty here pronoun- ced^ Tend and Tributary. 5^ ced, be fuffcred under the proper Sentence of the Perlbn thus obliged. And, indeed, the very Expence of Sacri- fices, to the bringing of which, Offenders were fentenccd by the Law, does fufficicnt- ly prove the Truth of "this Enquiry : For it could be no fmall Burden to themfclvcs and their Fortunes, to take long Journeys, and bring fat Beafts, and burn them to the Lord. But to this they were obliged of themfelves, without any Injunftioa from the Prieft, or Sentence of thejudgei as is plain >jum'). v, from their being tied to a diftind Punifh- ^» ment, if the Matter came under the Judge's Cognizance. God's Laws denounce Evil to him that does Evil : If therefore we make our felves the Executioners of his angry Sentence, and his Law, we prevent the greater Anger of God. According to the Advice of St. ^aul, Judge your felves Brethren^ that ye be not judged of the Lord, If we humble our felves, God will exalt usi if we pu- nifh he will fparcj if we repent, he will repent like wife. So that in thefe Cafes, be- tween God and us, our becoming the Exe- cutioners of his Sentence againil us, is fo far from being a Grievance, that though it be an Ad of Juftice in God, to oblige us to it, yet it is likcwife a Mercy and a Privilege. For as in the Mofaical E s Law, Of LawSy Law, a voluntary Punifhment turned from the Offender, the heavier Hand of the Judge ; fo in the Evangelical Law, it takes him from under the ftill heavier, and more ter- rible Hand of God. Prom what hath been faid, it appears, that with regard to human Laws likewife, a vo- luntary Suffering the Punifhment appoin- ted by the Laws of a juft Superior, is not naturally uujuft. For, I. Whatfoevcr is not againft the Lav/ of Nature, nor the Divine Law, may be enjoined by the Laws of Men : For the Power of the Magiftrate is the next great Thing to God and Nature. Now in this Point we are fecured not only from the foregoing Inftances, but from the Law of Chrift relating; to Divorces in the Cafe of Adultery: The offending Perfonlcfes his or her Power refpectively over the Body of the other, and cannot lawfully require conju- gal Rights. The injurious Perfon may beg Pardon, but cannot demand any Thing as Duty. Where the Man and Woman are adulterous, the one lofes his Right of Su- periority, and the other of Society. They are therefore to quit their Right,' and fit down under the Lofs/ or they Sin a new. The Attempt to refume them, as it is now an Ad of unlawful Dominion, is Iniqui- ty and Injuftice. They a^e therefore volun- tarily Tenal and Tributary . 55 tarily to bear their Burden, fince it is a new Crime to lay it afide. 2. A Man may in- flid Punifhment upon himielf. Thus^^r- cheus, for the Expiation of his Sins, gave the half of his Goods to the Toor, and re- Jiored four fold to any Pcrfon whom he found he had injured. This was more than he need have done j his Confeffion and Reftitution were voluntary 5 and he chofe to inflidon himfelf a Punifliment more fc- vere, perhaps, than the moft rigorous Judge would have condemned him to. Now whatever a Man hath Power to do of him- felf, that the Law hath likewife a Power to command him to do ^ efpccially when there is a Reafon or neceffity in the Law, which bears fome Proportion to the In- junftion, and is, of it felf, a fufficient Caufe, why a Man in certain Circumftances fhould be bound to conform to it. 3. In the Court of Confcience every Man is hisown Accufer, and his ov/n Executioner j and every penitent Man is judge upon himfelf: God entrufts him with the infiiding hard Sentences, and feverc PuniQimcnrs upon himfelf, which if he fails to do, both God and the Law will judge him to worfe Pur- pofes. And as the Impenitent are kind to themfelves, to their own Hurt, fince their very forbearing to condemn and punifn their Sin, is a new Offence againft God 5 E 4 fo 56 . Of Laws^ fo do they difobey the Law, when they re- fufe to inflia on themfelves thofe Punifh- anents, to which That may at any Time oblige them i for the Confcicnce is bound in both Cafes. But for the better clearing up of this Matter, we fhali confider thefe two Que- ftions. *i. In what Cafes the Confciencc of the Subjeds can be obliged to inflid Punifli- ments upon themfelves, without the Sen- tence of the Judge > 2. By what Marks we may know when the Law does fo intend to bind ? We are firft to examine in what Cafe the Criminal is to be his own Execu- tioner ? I . When to the Execution of the Punifh- ment appointed by Law, there is no Adion required on the Part of the guilty Perfon i The Confcicnce of the Man is bound to fub- mitto that Sentence, and voluntary to fuf- fer it in its full Force; as in the Cafes of Excommunication, Sufpenfion, Ir-regulari- tjy and the like. Thus, for Inftance, if the Ir-regularity be ijifo FaSio incurred, the Offender is obliged in Confcicnce not to ex- cept a Benefice, or enter upon an Office for which he is incapacitated by that Cenfure. And were a Law made that every common Swearer fhould be t^fo F^(?^ infamous j the guilty Tcnal and Trihutdry. 5y guilty Pcrfon is bound in Confcicnce, not to offer Teftimony in a Caufe of Law : But this is not true in all Cafes, but is to be under- ftood under the following Mcafures. 2. If the Law impofes a Penalty to be incurred ipfo Fadto 5 yet if the Penalty be moderate, juft, and tolerable, the Confcicnce is obli- ged voluntarily to undergo it, even before the Sentence of the Judge, tho' there fhould be fomething to be adedby the guilty Man upon himfelf. So if Excommunication be incurred ipfo Fa&o, he who is Guilty of the Fad v/hich defcrves it, and is fallen un- der the Sentence, is not only obliged to fubmit to thofe Eftrangements, thofe Se- parations, thofe Alienations of Society which are thereby appointed ; but if he be in a Place, where neither himfelf, nor his Guilt is known, and fhould be prefent when divine Service begins, he is, notwithftanding, obliged in Confcience to abfent himfelf from that Duty, which cannot be his Duty, whilft he remains under that Sentence: And the Reafon is, becaufe, 'in his Cafe, every Ad of Communion, is, he knows a rebelling againft the Sentence of that Law by which he was bound. This Man is confidered as one who hath the Plague 5 all Men, who know it, avoid him : But, becaufe all Men do not know it, he is to avoid them, and, whether they know him, or know him not, is not to 58 Of Laws J to thruft himfcif into thofe Societies, from which he knows, his Sentence prohibits , him. But becauie this docs not oblige to all kinds of aciive Execution of the Sen- tence, the following Meafures are the Li- mits of it. 3. The Law does not bind the guilty Perfon to fuch a^ive Executions of the Sentence, as are merely and entirely adive. Thus, if a Traitor be fentenced to a Confifcation, and this be ipfo Jure in- curred i yet the guilty Man is not obliged to carry all his Goods to the publick Trea- fure, but is only bound not to alienate or diminifh them, ortoapply them otherwife than the Law permits j otherwife he would ad in Oppofition to the Law, which in his Cafe, is diiobediencc and Rebellion. 4. In corporal Punifhments, the Laws do not proceed without the Punifhment of the judge, uhlefs it be in the Court of ConTcience, which is wholly voluntary, and by Choice. No Man therefore, is ipfo Jure y fentenced to be hanged, or to be whipped i nor is any Man, by any Law obliged to in- Aid on himieJf fuch Punifhments. There is a natural Abhorrency to fuch Adions 5 and this is that ungrateful and odious Part of the Law, of which none but the vileft Part of Mankind are hardly ever made the Executioners. Among fome Nations in- deed the contrary has been pradifed j and it Teml and Trihttary. 59 it might, no doubt, be ftill pradicable, did it not appear too lliocking and cruel to the general Judgment and Opinions of Mankind. But what was laid above, holds true, not only with regard to aclive Exe- cutions, but to pailivc Penalties, when they are very cruel and extreme. So, if a. Man were juftly fentenced to be immured and ftarved to death ; he is fo far obliged to fubmit to his Sentence, as not to extricate himfelf by Violence, but he is not obliged to abftain from Meat, if it be brought him. And we find in Story, an Account of a Ter- fian Lady, who preferved the Life of iier father, who was condemned to be flarvcd to death, by feeding him with her Milk ; and he was fo far from being thought in- famous, for not dying, that his Life was given him as a Reward of his Daughter s Piety. 5. Perfons under Condemnation are not obliged to put themfelves to death, nor are they to cut off a Member with their own Hands, or ,do Execution by doing, or refraining from doing any Adion which fhall be the principal, the immediateAdof kil- ling or difmembring.Thus far, indeed, a Cri- minal is to be adive in his ov/n Punifhment, that he is obliged to refign hitpfelf up to Execution, quietly to afcend the Ladder, or lie down under the Heads- Man's Axe. And if what is faid of Biron^ a French Mar- fhal. 6o Of LawSy Ihal, be true ^ that great Man never beha- ved more indecently and abfurdly, than at his Death, when he endeavoured to fnatch the Weapons from the Soldiers, in order to reilft his Fate, and obliged to Officers to kill him, as they would have killled a furious wild Beaft. But a condemned Perfon is to drink his Poilbn, if that be the Punifh- jment appoinied by Law : And though this be the immediate Ad of killing, to which Criminals are not ordinarily obliged 5 yet, becaufe it cannot well be adminiftred by the Executioner without his Confcnt, or extreme Violence, the guilty Man is obli- ged to drink it 5 and the Rcafon is, becaufe the Law muft be obeyed even in the feve- red of her juft Sentences. 6. When Pu- nifhments are merely flUutary and medici- nal, the Confcience, if the Law requires it, is obliged to fubmit voluntarily to the Sen- tence." The Law therefore may oblige us to fail, or to put ourfelves under any whole- fome Difciplincj and in thefe Cafes, we arc to expedno other Procefs but the Sentence of the Law, no Judge but our own Con- fcience, and no Executioners but our felvcs, 7. But thefe Particulars are to be undcr- ftood under this Reflridion 5 that a Man is not bound to fufFer the Penalty of the Law, before the judge's Sentence, though the Fad ^enal and Tributary. 6i Faft fhould be i/>fo Jure fentenced and con- demned, if the Fad be made publick, and brought before the Judge: For he taking it into his Cognizance, fufpends the for- mer Obligation, and impofcs a new one. Thus he who fhould ftrike a Bifhop or a Prieft, was, by fome antient ccclefiaflical Laws, which are not yet repealed, /j)fo Jure excommunicate, and to this Sentence the guilty Man is obliged to fubmit : But if he brought before the Judge, and he be folemn- ly and formally proceeded againft, he may fufpend his Obedience to that Lawj be- caufe the Judge here calls him to attend to the Sentence of a Man. But it muft be ob- ferved here, that though in this, and fomc other Circumftances, our Submillion to the Sentence of the Law may be retarded j yet it muft: on no Account be thought unne- ceftary : Therefore, if the Judge meddles not in the Affair, the Man is left to the Sentence of the Law. Thefe Confidei-ations, and this whole Queftion is of confiderable Ufe in Relation to fome Parts of Repentance, and parti- cularly in the Cafe of Reftitution. For when a Law is made, that if a Clerk, with- in a Year after the Collation to a Parifh- Church, be not made a Pricfl:, he fhall tpfo Jure forfeit his Benefice % if he does not fubmit to the Sentence, and quit his Prc- tenfions 6i Of ILazvs^ tendons to the Benefice, he is obliged itl Confcicncc, to reftorc all the After-Profits which he receives or confames. But for the better reducing, this to pra- ftice, we are to confider, by what Marks we rrray know, when the Criminal is to at- tcnd'the Sentence of thejudge, and Punfh- ment appointed by himj and when he is to infiidl it upon himfelf by his own Ad, ot voluntary Subniiffion to the Sentence of the Law ; and the fureft Meafures are thefe. Thofe Laws oblige the Criminal to a voluntary undergoing the Punifhment, when. I. The Law^ cxprellly declares that the guilty Man does ipfo Facto incurr the Sentence, without any further Procefs, ot? Sentence of the Judge. 2. When the Law declares that the Tranfgreilbr fhall be bound in Confctence to pay the Fine, or undergo the Penalty contained in the Sandion of the Law. It were an Abfurdity in the Law to charge the Confcience with this, if the Confcience were not hereby intended- to fc^ that the Penalty be undergone; but that could not be, if the Sentence of the judge were likewife to be expeded i for that is a Work of Time, and might be done with- out troubling the Confcience. But the Confcience being here entrufled with the Charge of the Executi9n, the Man muft fuppofe the whole Affair to be his owa private ^cnal and Trihittary. 63 private Duty. 3. In Church Cenfures, it hath foaictimcs being cuftomai-y for the Legiflator to impole a Penalty, adding the Words/ dojiec fatis facerit 'y until iuch or fuch a Thing be done, the offender fhail not be abfolved. Now this is another Sign, that the Sentence is made by the Law, and is ipfo Fa^o incurred by the Deliuguent, becaufc it leaves a private Tie upon his Confcience obliging him to it, which were wholly needlefs, were he to incurr the Pe- nalty only in Confequence of the Sentence of the Judge. 4. ^ anormit ait gwcs us this Rule i that if a Sentence be fet down in the Law, in Words of the prefent or pre- ter Tenfe, it makes the Sentence to be ipfo . Fa£to incurred J for that which is ipfo Jure decreed, is ipfo Fa^o incurred: And of this Decree, fays the Abbot, the prefent and preter Tenfe are a fufficient Mark. But this is chiefly to be underilood, if the Words themfelves be damnatory, as exc^mrmmi' camus^ Anathemate innodamus^ and the like. For if a Judge, in ufing the like Words, pafTes a Sentence by virtue of thefe Words \ io likewife does the Law : There being the fame E^eafon, the fame Authority, the fame Purpofe, intended by the fame Words. But then, if the Words be of the prefent or preter Tenfe, and yet not immediately damnatory 5 fuch as decernimus, definivi- muSy 64 Of LavDSj mm, declaramus, and the Jike , they imply that the Sentence is to be made afterwards. And yet even thefe Words, when they Jignify Minifteriallr, and not principallyy that is, if they be joined to other Words, in the prefent or preter Tcnfe, they then declare the Sentence paft, and ipfo Fa£to to be incurred, as is evident in fuch Words as thefe, declaramus eum privatum "Dominio Bonorum, 5. Whenever it may reafonably be doubted, whether the Sentence of the Law is to be incurred forth with, or that the Sentence of the Judge is to be exped- cd; then we may fafely prefume on the Side of Favour, Eafe and Liberty. Bur- dens are not to be impofed upon the Con- fcience, but on great Evidence, and great Necellity. And if Men, learned in the Law, differ in their Opinions, whether the Sentence of the Law is to be incurred immediately, or that the Sentence of the Judge is to be waited for 5 let them firft cometoaDecifion, and then let the Con- fcience do as fhe (qqs Reafon : Therefore, if the Word MoXy by and hjy be ufed in a Sentence of the Law j fmce it is certain that in fome very good Authors, it figni- fies with fome interval of Time 3 we may Jay hold of it to our Advantage, and fup- pofe the Confcience of the Delinquent at Liberty from a fpontaueous Execution of thQ T^enal and Tributary, 65 the Sentence of the Law, if for that Sentence he have no other Reafon, than that the Word Mox is ufed in that Law. 6. After all, as there is fome eafe allowed to the Criminal, fo there mail be much Care had of the Law. And therefore when the Law de- clares a Punifliment, which would be of no Ufe, were it not inflicted- immediate- ly upon the Commifuonof the Crime j we are to fuppofe that the Law intends to obli«:e the Confcience of the Tranfgreflbr - to undergo it forthwith. For it is not to be imagined that the Law fhould do a Thing to no Purpofe, as it would do, if • it intended not fo to oblige, as that the Sin bepunifhcdj and therefore, were there a Law made that a Man (hould not marry that Woman whom he had polluted in her Husband's Life Time : This muft be un- derftood to be a nullifying the Contrad before it was confummated $ that is, it is a Sentence which the Offender is to execute upon himfelf i which, if he does not, but marries the Adulterefs, and confummates the Marriage, it will be too late to apply to the Judge, who has no Power to annul the Contrad afterwards. Vol. IL 66 Of Laws J KVLE III. Tenalties impofedby the Judge mtift be fuf- fered midjubmitted to, but may not after fuch Sentence, be infixed by the Hands of the Condemned, There is very little Difficulty in the firft Part of this Rule, for there is in it only this Variety: In thofe Punifhnients which are tolerable, that is, in thofe wherein neither Death, Difmembring, intolerable Scourgings, or grievous Imprifonmcnts, are not implied, we owe to the Laws not only . Obedience, but Reverence and Honour. For whatfoever is Icfs than thefe, we may without Sin, without Indecency, without greatly vioating our natural Love, and na- tural Rights be inflidcd andfuffered. But the Evils abovcfaid are fuch as are intolera- ble upon a civil and a natural Account. Every Creature fhuns Death and the Ad- dreffes and Preparations to it, with fo much Earneftncfs, that it would be highly unna- tural and inhuman, not to permit to con- demned Perfon a civil and moral Power of hating and fhunning Death, ajid of lay- ing hold on any juft Opportunity or Occa- fion of cfcaping it : Any Man therefore, may do any Thing in his natural Capacity to » avoid *Penal and' Tributary. 67 avoid that terrible Evil, provided at the fame Time, he does nothing againft a mo- ral Duty. And this fcems to be a tacit PeraiilTion of the Law it fclf j for in Sentences given by the judges, the condemned Man is not trufted with his own Puniihment, which is always put into the Hands of other Perfons. The Law therefore plainly confidcrij obedience. This Rule is defigncd principally for thofc, who, when they have tranfgrefled the Law, and fufFcred Puniihment, are apt to think theniiclves difcharged from any further Obli- gation. Whereas, if barely fuffering the Punifhment were full fatisfadion, then the Subjed is obliged to obey, not for Confci- ence fake but for JVrath only, dircdly a- gainft the Apoftle's Advice 5 and then Laws would quickly grow Contemptible. For then the great Flies, which break through the Cobweb of Penal Laws, would be both Innocent and Unconcerned : Innocent, as they arc not obliged in Confcicnce, and Unconcerned, as having many Ways to elude the Penalty. Therefore, what St. Atijlin heretofore obferved, hath generally prevailed i ^'^^^y \jxh. i. 'penalty relates to an O [fence, and is calledKti^2i\.6. "I^unif^oment, There cannot be afligned any 9* Rcafon why in Laws there are different Punilhments appointed, but that they may bear fome Proportion to the Greatnefs of the j^ Of Laws J the Faiilt : It follows therefore, that who- ever is obliged to undergo the Puniihment of the Law, is like wife obliged to ask God's and the King's Pardon for having commit- ted a Sin, by which only he could be oblig- ed to Punifhment. Rule V. It is not lawful for a guilty Terjon to de- fend himfelf by Calumny or by a Lie^ from the Tenalty of the Law^ though it be the Sentence of T)eath. All the truly wife among Mankind, have ever buficd themfclves in difcovering and adorning Truths as it is that in which we are to endeavour to be like God, who is Truth effentially. This mTiAzTythagoras^ in <:_y^lia?ty fay, that the two greateft and nobkft Works which God. gave Man to do, were the Purfuits of Truth and Charity ^, for thefe are Excellencies and Perfeftions for which God himfelf is glorious before Men and Angels. ThiSj no doubt, is very true; but the Queftion here, is, whether Truth can be praclifed at all Times ? God fpeaks Truth from the Ncceflity of his Nature; he ftands not in fear of Mei|, and has Power fuffici- cnt Tend and Trihitary. 75 cnt to bring about all his Dcflgns : But it is not thus with Men; their Affairs arc cx- pofcd to infinite Embarraffments, their Peribns to Infirmities, their UnderftaDdings to deceit, and they have Ends to fervc which are juft, good, and ncceflary, and yet they cannot always be Icrved by Truth 5 becaufe in fomc Circumftances it fliall be iaipoffible to bring them about, but by Error and De- ceit. This then will be the Enquiry. 1 . Whether it may be lawful in any Cafe to tell a Lie ? 2. Whether it may be la\2;ful to ufe Re- ftri£iionSy or mental Refervations, fo that ^ohat we fay, is of it felf falfe, but joined to fomething within our Minds, is true '^ 3 . Whether and in what Cafes it may be lawful to equivocate, or ufe Words which Jigyiify doubtfully, in Order to deceive, or knowing that they will deceive ? 4. Whether it may be law fid by ABionSy or Tretences of AttionSy to deceive others for any End, and in what Cafes it is fo ? I am firft to enquire, whether or no it be lawful in any Cafe to tell a Lie ? It may be anfwered, that the Scriptures of the old and new Teftament, do indefinitely and fevercly forbid Lying. A righteous Man^ faith Solomon, hateth Lying, And our blefled Lord condemns it infinitely, when he declares every Lie to be of the Devil 76 Of Laws J Devil. Lie 7iot one to another, faith St. Taul. And iu the Book of the Revela- tions, it is faid, that all Liars fhall have their Tart in the Lake which burneth iz^ith Fire and Brimftone \ After thefe Things no- thing new can be faid to heighten the Guilt of Lying. But it muft be obferved, that by Lying is meant fomething which is faid or writ- ten to the Damage of our Neighbour, which cannot be underftoodothcrwifc, than to differ from the Intention of him who fpcaks. In this Scnfe therefore, a Lie is naturally and intrinfecally Evil 5 not be- caufe it is different from an eternal Truth i for every Thing which differs from an eternal Truth, is not therefore criminal for being fpoken, that is, it is not an evil Lie 5 and a Man may poffibly be a Liar^, tho' he fays that which does no"t differ from the eternal Truth: For wc are not to fup- pofe that a Man fpeaks Truth, barely be- caufe the Thing fhall happen to be true 5 and we always take him to be a Liar, who fpeaks and alferts a Thing, when he thinks it falfe. There is in Mankind an univerfal Con- trad implied in all their EntcrcourfeSi and the true and ori2;inal Defi^n of Words beins; to declare the Mind, he who hears me fpeak, has a Right to exped, that as far as lean Tcml and Tributary. 77 I can, I fpeak nothing but what is true. God, indeed, can judge of our Word;?, by th€ Heart, but Man judges of the Heart only by the Words: We are therefore obli- ged to fpeak in fuch a Manner, that our Neighbour do not iofe his "Right, which by our Speech we give him, to the Truth that is in our Heart. However, we may here obfcrvc, that tho' this Right be regularly and commonly be- longing to all Men J yet it may be over powered by a fuperior Right intervening^ or it may be loft, or it may be obftrufted, or it may ccafe upon a greater Reafon. I. Upon this Account therefore, we may confider it as lawful for the Ifraelites to borrow Jewels of the ^iyEgyptians^ which fuppofes a Promife of Rcftitutiou tho' they defigncd not to perform it. God commanded them to fpotl the <:_yEgjptians^ who were here diverted of their Rights, and w^ere to be treated as Enemies. 2. It is lawful to tell a Lie %o Children or Mad- men j who, bccaufe they have no Capaci- ty forjudging, have a lefs Right to Truth: But then the Lie muft be charitable andufe- ful 5 for as they are defended by the Laws from Injury, they mufl not have a Lie told them that would do them Mifchief : To tell therefore an injurious Lie to a Child or a Madman, is not a Sin, becaufe it deceives, but VDS^ 78 Of Lav but becaufe it hurts him. No Body thhiks It any hurt to feign things, to affcd and improve the tender minds of Children 5 nor was the Behaviour of thofe Phyficians ever thought unjuftiiiable who iqipos'd upon the Fanciful and Hypochondriac, in order to give them fuch a turn of Mind, as was neceffary to facilitate their Cure. 3. To tell a Lie upon a charitable Motive, as to fave a Man s Life, the life of a Friend, an Husband, a Prince, or of any confiderable and ufeful Perfon, hath not only in all Times been practisVI, but even applauded by great and good Men. Thus the ^^gyptian Mid- lives have been commended for the Lie by which they faved the Ifraelitipo Infants O magnum Hiimanitatis Ingenium ! O pi- um pro faint e Mendacmm ! Says St. y^ujlin of them. And he further tells us, that all the Philofophcrs, as T/ato, Xcnophon, &c. with the Lawyers, Phyficians, and Divines, unanimoufly thought that it was fome times lawful to tell a Lie 5 that is, when it did Good and no Evil. Notwithftandingthcrc have been fome In- fiances both oiChriftians^wd TaganSy who tho* they wanted not Charity, ^ yet their love of Truth has been too ardent to allow them to exert their Charity, if they cou d not do it but by telling a Lie. Thus we retold oi Efamimndof znxdjri/lides, that thcj Tenal mid Tributary. y^ they would not lie, Co much as in jcft. This Refolution of theirs, no doubt, was very commendable, and may fitly be re- commended to the Imitation of Chriftian^ to whom not only Purity and Simplicity, Sincerity, and Ingenuity are commanded, but all vain and idle Talk is forbidden. But then, fuch a Behaviour.is not fo plainly commendable, when wc refufe to do a greac Charity, rather than give up a Truth of no vifible Moment or Importance. Who would not prefervc the Life of his Fathcr^^ or of his King, atthe expcnceofau ii;aoccnt Lie, from the unjuft Rage of Murderors > God indeed fo difpofes the events of things in this World, that Trials of this Kind do very feldom happen ; but when a Man is adually under this Difficulty, unlcfs he is abfolutely certain, that in fuch a Cafe it is a great Sin to tell a Lie ;; he may be fure it will be imputed to him, as a very great Sin, to betray his Father, or his Prince. For when in thefe or the iiTs;e Difficulties, the Mind is only doubtful which would be the Sin, to tell the Lie, or deliver Up the Man ; he may fafely determine, rather for the Charitable Action, than for the Truth, which here does no Body any Good, but does the greateft Injury to a I?crfon, who ought to receive none ; and if it can poffi- bly be a Crime to deliver him up, it mud So Of LawSy ^ be a greater CrimC; than to tell a Lie iit order to prevent it. But (lili we are here carefully to obferve that this does not hold, but when we fuppofe it juft to iave the Man; for we are under no fuch Obligation, to prc^fervea Malefador, an Highway-man, or one who has fled from Juftice. And indeed, if we would confider things with a little lefs Regard to popular Opini- ons j tho' it be faid, to tell truths is an Ad of Juftice 5 yet we fhall find, that this can- not hold in all Propofitions, but in thofe Truths only which concern a Man, only as they derive upon himibmc real, or ima- ginary Good. But when by telling the Truth we neceflarily expofe the Man to Mifchiefi tho' he have much Right to Truth, yet it muft not be given to him to his Hurt. It is like giving a Madman his own Sword, when you might as cafily have given him a wooden One for it, and made it pafs for his own. Solomon bids us be not righteous overmuch. In fuch Exigencies as thefe, the Pretences -of little juftice, cer- tainly ought to give Way to the great End of Charity. A Perfecutor hath a Right to Truth, but no Right to be undone: And therefore he is not injur'd by that Lie, which hinders him from doing a wicked Adion, and his Brother from fufFering by his Wick- cdnefs. Now, if he be not wronged then no Tenal and Tributary, 8i no Man is ; and Confequently that Lie which fo happily ferved the Ends of Chari- ty, is not contrary to Juftice. But if it (hould be faid, that fince we may not lie for God, much Jcfs may we for our Bro- ther i I anfwer, that the Confcquence does tnot hold. For God needs not our Lie in a- ny Cafe 5 but our Brother may. And be- Udes there can be no Service be pretended to be done to God unlefs it be in the Mat- ter of Juftice or Religion,- in both which Cafes it is utterly unlawful to Lie for either of them : But a real Service may be done our Brother by fuch a Lie, as offends nei- ther againft Juftice nor Religion i in which Cafe only, I fay, it feemstobe allowable. However, from what has been faid, the Truth in the Inftanceof the Rule is eftabliih- edi for it cannot be lawful for a guilty Prifoner to fay not guilty ^ when he isjuft- ly examined. Andtho' it be faid, that no Man is bound to accufe himfelf, and tho* the Laws of Men do not oblige him to do it, yet this hinders not the Conclufion in the Cafe before us ; for he is accufed al- ready, and is not called upon to be his own Accufer, but to confefs the Fad, if the Law has juftly accufed him. For why doth the Judge interrogate hicn, but to be anfwered truely? Indeed, when a Guilty Mans Life is at Stake, he lies under an ugly Neceffity, Vol. n. G and 8 2 Of LawSy and Men are wont to make fome favoura- ble Allowances to his denying his Guilt : But there is no Poifibility of excufing it, unlefs the Law permitted fuch Perfons to fay what they would, which cannot be fup- pos'd in any good Government, as is plain from the Tortures which are fometimcs ap« plied to make Men fpcak the Truth. 4. It is not lawful to tell a Lie to fave our Fame. We are rather to accufe our felves than tell a Lie, or commit any other Sin. Indeed the CanoniJlSy and Direftors ofConfciencc in the Church of i? As to himfelf, he is no farther concerned in this Cafe, than to fpeak Truth j but the o|:her is. If therefore, without a fecret Refcrve it would be a Lie to himfelf, (o it will remain to him to whom he fpeaks with fuch aReferve, that is, it will be a Lie to him to whom it ought to be a Truth. If a Man therefore be obliged to fpeak Truth to the Magiftrate, let him fpeal: it : But if he be not obliged, let him tell a dired Lie s for this private Supplement is nothing bet- ter than a confeffing in Confcience, that it is a Lie. I would not, from w^hat has^cfn faid> infinuatc, that it is unlawful in all Cafes to ufe mental Rcfcrvations. For i . St. Gre- Lib. 5. in gor/ mentions a Cafe, in which he affirms ^^^^' it may be lavuful : As»when they are applied in order to elude and difappotnt the Trea- chery and Cruelty of Tyrants, But then * he adds this Caution, that we are not to do this by faying any Thing that is falfe, but by concealing fomething w^iich is true. 2. Conditional Pvcftrictions may lawfully be ufed 5 that is, a Thing may be promi- fed or threatened, without mentioning the Condition, when the concealing it is not meant as a Snare. Thus God command- ed Jonah to preach againft the Nine- vites 50 Of LawSy 'vUes, Tet forty T>ays, a7id Nineveh fhall be defiroyed', that' is, unlefs the People of it repent. 3. If the Refcrvatjon be not purely mental, but may be un- derftood by Accidents and Circumftan- ces, it is lawful. Thus Ifaiah faid to Hezekiah in his Sicknefs, Thou [halt die^ and not live ^ meaning, that the Strength of the Difeafe was fuch as to be mortal, and that fo it flood m the order of Nature : And yet, when *e afterwards delivered a more comfortable Meffage, he was not thought a Liar in what he faid at firft, bc- caufethey knew his Meaning, and his Sen- tence came to be altered upon an higher Account. 4. When Things may be true in fevcral Senfes, the not giving the par- ticular Senfe in which I underftand the Words, is not always Criminal. Thus our Lord knew his own.Mj^anin§, though he did not cxprefs it, when he fkid he knew not the Day when he fhould come to judge the World. As God, he certainly knew all Things 5 but as Man, he knew not that Day. But then this Liberty is to be taken by Superiors, not Inferiors j by thofe who fpeak upon indifFerent Occafion, and not by Men under Examination; nor by thofe who fpcakin relation to any neceffary Duty. But after all, St, Gregory's Obfervation is belt worth our Notice, Th^ithe fVifdom of Tcnal and Tributary. yi Jujl Men iSy to make no Tretences for de- ceptions but by their Words to lay open the Secret of their Hearts, The third Qiieflion is, Whether it be law- ful to equivocate or ufe Words of doubtful Signification^ with a defign to deceive, or knowing that they will deceive i and in what Cafes tt is lawful ? I anfwcr to this as to the former Enqui- ry 5 where it is lawful to Lie, it may be . lawful to Equivocate, which may be fome- thing lefs than a plain Lie : But where it is not lawful to tell a Lie, there the Equi- vocation muft be Innocent j that iS;, it muft not deceive a Man to his Hurt, nor be in-, tended fo to deceive. If by an Artifice of this kind, you impofe upon him who trufts you, and whom you ought not to deceive 5 it is ftill done by a Lie, which you have only drefled another Way. In the folution of this Queftion therefore, we are only to confider what kinds of Equivocation may be ufed, or which of them are no Lies : As for the reft, they are lawful or unlaw* ful by the Meafures of the firft Queftion. For fometimes to equivocate is really to Lie ; and is equally deftrudive of all civil Commerce. I. It 9^ Of Laws^ I. It may be lawful in Cafes of great Chanty and Ncceffity, to give our Anfwer in Words of different Meanings, tho' they may deceive him who asks us. Thus we read of a Greek, who hid his Brother in a Wood-pile, in order to fave his Life i and to the Inquifitors who asked him where his Brother was, he anfVered, ei^ -r^ Ja?^, fomewhere in the Wood. Now in fuch ' Cafes where there is no Obligation to tell the Truth, any Man may conceal iti efpecial- ly, when in this Cafe it is not a Lie: For here, it is with an Equivocation as with a, dark Lanthorui if I have juft Reafon to hold the dark Side of it to you, you are to look to that, not I. But 2. If I intend to deceive a Man, I muft be fure he is fuch a one whom I have juft Power to deceive. As a Child, a Mad-man, for Inftance, or any other Perfon who is under a natural In- capacity of knowing what is his own Good, or who cannot by any other Means be pre- vailed upon to embrace it. For unlefs I have, for thefe Reafons, a Power or Right to deceive him, I muft not iritend to deceive him bf any Ad of mine direftly. And 3. If it be fit that a Miin be deceived, tho' I have no Right to deceive him, \^\. him de- ceive himfelf : Let it be done by his own Acl 5 to which yet I may give occafion by any fair or innocent 'Means. It is highly proper. Tctd and Tributary. 93 proper, that he who by Violence and In- jury intends Mifchief to an innocent Man, be hindered from it. By this Means^ there is much Good done to the Innocent, and no Hurt to the Tyrant if he be diverted, nor is there any Wrong or Injuftice if he deceives himfelf. Thus, if fuch a Man en- gages himfelf in the Error I dcfigned by my concealing fome certain Truth 5 if thro' a Weaknefs I have obferved in him, I find him apt to miflake my Words, if his Ma- lice inclines him to turn all ambiguous Words into a Senfe that will deceive him; If I know he will liften to my Whifpers, and enquire into my fecret Talk with ether Men : I am not obliged to fay what will inform him, but what will become my En- tercourfe with the other. Herein I only ufe my own Liberty i I do Injury to no Man. For in fuch a Cafe, I do but minifter Occa- fion to him who is miftaken^ like a Man who reprefents artificial Sights before the Eye, or as the Rain- bow gives occafion to the Vulgar to think it really full of Co- lours. But then 4. It (hould be obferved that this is chiefly to be done where there is juft Caufe. For if a Magiflrate (hould fend Officers to enquire ^;^ TttiusfitT^omi^whe- ther he beat Home \ it may not be anfwered, Titius non eft T)omi^ Titius doth not eat at Home. We may not equivocate upon the 94- Of LawSy the Word efi, to deceive him who ought not to be deceived : But in other Cafes, to lave a Man's Life from Violence and Injury, it certainly may be done. 5. There is only this difference between Equivocating and Lying, that this may upon lefs Neceffity, and in more Cafes be ufed, than Lying. For provided that theMeafuresnow defcrib- cd, which are the negative Meafures of Lying, beobferveds if a Man fpeaks Words of doubtful Signification, and intends them in their true Senies, he may ufe his Liberty ; efpccially, if he ufcs it with Care, and with a due Regard to the Reputation of Chriftf- an Simplicity. In Arts and Sciences, in Mirth and the Entertainments of Wit, equi- vocal Words may be ufed with more Free- dom 5 and they become faulty, only when they arc uied againfl Juftice and Charity, under which Simplicity is to be placed. The fourth Enquiry is, Whether it be lawful by falfe Signs , by AEtions or fbews of A£iions, to deceive others for any good End':, and in what Cafes it is fo? To this it may be faid, that fince it is pofllble to Look, - to Nod, or to Smile a Lie, as well as to tell one 5 it is high- ly neceflary for him who would impofe ^ upon Tend and Tributary. 95 epon another Innocently, to obfcrvc, i. That all diffcmbling from bad Princi- ples and to wicked Purpoics, is crimi- nal. Hence TertuUian bitterly exciaimsLih.de againft thofc Women, who being taught by ^^^^'^\ the apoftate Angels , give a falfe Colour to yirg. ' their Eye-brows^ andjlain their Cheeks with a lying Red, who change their Hair into a fpurious Colour, and drive away all the Truth mid Ingenuity of their Faces. Such a Be- haviour arifing from Pride and Vanity, and lerving the Ends of Lufr, is not only in- confiftent with Humility and Sobriety, Cha- flity and Charity, but even with Truth ; iince People come into it with a view to Deceive, and by Deceit to ferve the moft infamous Deiigns. 2. There are indeed other kinds of Counterfeits, as the gilding of Wood or Brafs, falfe Stones, counterfeit Diamonds, and the like, which may very innocently be ufed j efpecially, when they are confidered only as Beautiful and Or- namental, and arc4iot thus fet oiF with a Dcfign. to make a Property of the Buyer. 3. But the main of the Enquiry here is, whether Signs not vocal, which are plain- ly ambiguous, and may fignify feveral Things, may be ufed with an Intent to deceive. And to this the Anfwcr may be the fame with the former, in the Cafe of Equivoca- tions, only with this Difference ; that as there 96 Of Laws., there is greater Room and Liberty for equi- vocal Words than for a iimple Lie,- fo there is yet more Liberty for equivocal Adions than for Words equivocal 5 becaufe there are probably more Reafons for fuch dubious Adions than for doubtful Words, fince they are not fo ordinarily underftood to be the Significations of our Minds, or the chief Inftruments of Commerce and Society. But when they are fo underftood, they are to be governed by the fame Rules, with the ftrideft regard to Chriftian Simpli- city and Ingenuity. After all, the Refult is this : He whode-' Clares his Sentiments to another, or is obli- ged to declare them either by Words or Adions, ought to declare them according to the Mind of him with whom he con- vcrfes : That is, he is to behave in fuch a Manner, that he does not guiltily deceive the other, againft his Right, againftjufticc, and againft Charity. Rule Tenal and Trihutary, 97 Rule VI. It is not lawful for private ChrijlianSy vjtthoiit publish Authority y to pMntfl) Ma- lefaEiors ; htU they may require their Tu- nijhment from the Magijirate in fome Cafes. In the Law of Nature indeed this was allowed of: But as the World grew older, better experienced, and more fully inftrucl- cd, it was made unlawful. Becauie when a Man is in Pain, or has received an Injury, he generally ftrikes unjuftly and unequally, and judges incompetently in his own Gale ; therefore Laws were made to reftrain Men from their firft Liberty, and to put it in- to the Hands of Princes to puniih Crimes, who being the Common Fathers of their People, were thought the moil: likely, e- qually, and wifely to diftribute Juftice. And yet in fome Cafes, God allowed private Perfons to punifh Malcfaflors; asDeut.xiii. when a Jew fhould tempt his Child, his "^^ Brother, or his Neighbour to Idolatry, ei- ther of them might Kill him, without bring- ing him before the Judges and in a Gaufc of Blood, the next of Kin might Hied the Blood of the Murtherer, if he could reach Vol 11. H him 98 Of LawSy him before he took Sanduary. The pri- vate Pcrtbn hero^ was not Judge, but by Permiflion from God, became Executioner, upon the Notoriety of the Fad : For tho' the neareft Relation of the Dead Man might with his ov/n Hand take Vengeance s yet if himfelf were wounded, he might not do it, fay the Jewiih Dodors, but by the Sentence of the Judge j for he ought not to be Judge in a Cafe, wherein it is al- nioft impollible for him to be., moderate. In fuch Places and Circumftances wherein it is impoffible to make any appeal to Judges 5 every Man may put in Execution the Sen- tence of the Law of Nature. Thus the wild Arabs J or any other fuch rude People v/ho never live under any Government, and. are the Publick Enemies of Mankind, may be deftroy'd by any Man, who has been injured and fpoilcd by them. But we are to underfland this only of the Permiffion in the Law of Nature : For Chriftianity docs not fo eafily allow Men to Hied Blood. This Chriftians are to do with the utmoft Caution, upon the loud- eft Call, and the greateft Neceffityi be- caufe there are two mighty Obftacles a- gainft the doing it in any other Circum- ftances $ the one is the Duty of Mercy, which is feverely exaded of every Difci- pie Qf Cluiftj and the other, that there is a Soul Tcnal and Tributary. 99 a Soul at Stake when Blood is to be fhcd, and that as they judge they ^all be judged, and that as they mete, it jhall be mefured to them again. That which is permitted to private Men by Chriftianity, is i.' The Punifliment of Reprehenfion, For every wife and good Man has Power to punilhabafcand wicked Man, as far as Reproof will go. 2. It is notin- confiftent with the Laws of Chriftianity, for Parents, Tutors, Madcrs, and Govern- ours to punifh Criminals, that is, thofe o- ver whom they have an immediate Autho- rity, with fuch Punifliments as are allowed by Law, and by fuch Meafurcs as arc agre- able to the juft and charitable Ends of their refpedive Powers, and by the Proportions ofChriftian Mercy and Clemency j to the due inflifting of which Puniihments, no other Laws are ncceffary, than what arc dic- tated by the Mind of a generous, difpafii- onate, goodxMan. 3. When the Law hath given Sentence, aiid hath permitted any Subjed to put it in Execution, he who is injured may do it. But we arc to under- ftand this only in one Cafe, which concerns the Subjeft, and in one that concerns the Prince. Ifthe Prince commands, that who- ever difcovers fuch a Man, fliall kill him, if he can 5 ^very Man is bound to do it if the Law\bejuft, as it hath fometimes beende-t V^^ H 2 creed lOO Of LawSy creed, particularly in the Cafe of Treafon.' The other Cale, relating to the Advantage of the Subjed, is, when the execution of the publick Sentence is to be performed J^°^^^^"^* forthwith, in order to prevent further Mif- liceat k chiefs- Thus Juftinian permitted every Man j"^ l^" ^^ kill the Soldiers who attempted to Plun- dicate. ^^^^'- Vejlrum igitur vobis per mittimus Ul- tionem, &c. That which the Law here calls ReveiigCy is properly nothing more than Defence, or guarding againfl; the Mifchief before it becomes Intolerable. If it be law- ful to inflid Punilhments, then certainly it is lawful to come into the Meafures of Self- Defence, where a Man is injurioufly at- tacked. But here we are charitably to take Care, that the Means of defending our felves prove not fatal to the injurious Man, unlefs the Evil we fhould otherwife inno- cently fuifcr, would probably be fatal to our felves. And therefore it was well ob- ferved by Ulpian, Fur em noEiurnum fi quis occiderit, dec. Tho' the Law permits a Man to kill a Night-Robber, yet he ought not to do it if he can prefervc himfelf with- out it j but when to fpare the Thief will probably be his own Ruin, then he iiiay kill him. 4. But when an Evil is adualiy done, if the Law allows the Execution of her Sentence to be in the Hands of thein- (urcd Pcrfon 5 it is to^be fuppofed that this is Tend and Trihutarj. loi is done out of Indulgence to the Grief of him who has received the Wrong : So that if he kills the injurious Man, he is indeed indemnified in Point of Law, but perhaps cannot be acquitted ia Point of Confci- ence. The Spanijh Laws at this Day, per- mit the wronged Husband to kill the Adul- terer, and it is certainly lawful ; that is, it not being againft Juftice, their Laws will not punifh it : But becaufe fuch an Adion is extremely againft Charity, fuch a Man's ConfelTor ought not to abfolve him without Repentance, fince the Golpel does no where approve it. And the Reafon fcems plain ; becaufe after the Injury is done, thePuniih- ment of it in this Cafe, is mere Revenge, and perhaps the Man had not any one good ^om. Defign in infliding it; the Apoll:Ies forbid- ^^^- ^' ding us to avenge our felves, cannot well be reconciled with fuch Executions. 5. Some arc of Opinion, that Princes are not to be cfteemed private Perfons, when they proceed according to the Intent of the Law, tho' they fhould proceed, as the Law ftiles it, brevi Manu, without the common Forms and Solemnities of Law, by reafon of fome Difficulty, or Impollibility of doing it. Thus if a Man cannot be proceeded againft by the ordinary Forms, if his Guilt be no- torious, the Prince may fend Soldiers after hiai inftcad of Serjeants ; and the Lord Mayor H 3 of loi Of Laws^ of London Juftly fmote Wat Tyler ^ tho'he was not convided by the ulual Methods, nor had received Sentence from the Judge. Upon this Account likcwife, the King of France offered to juftify the killing of the Duke of Gtiife: In which Affair it cannot be eafy to come to a Determination, for want of knowing the fecret Motives to that Adion. But if in this Procedure of his, there wanted nothing but the Solem- nities of Law i if he wanted Power to fup- prefs him openly,* if itwas juft and necef- lary he Ihould, and the Law would have condemned him had he fubmitted to it : If there was any Thing wanting which ought to have been done 5 he who died was the Caufe of it, and to him it ought to be imputed. But fuppofing all this, and what thefe Men affirm, to be true ; yet this is very 4'arely to be practifed, becaufe it is feldom, if ever lawful, and may be abufed to the vil- eft Purpoles 5 as it was in that horrible, and inhuman Maffacre at Taris, which all Ge- nerations fhall fpeak of, with the utmoft Horror and Deteftation. 6. It hath beea permitted in fome Ages of Chriftianity it- ic\^, but in maiiy Ages of Paganifm, to fight faigle Duels, in order to clear up Innocence, and to deted Guilt. I need not fay much to this, becaufe this Cuftom hath been l6ng laid afide by all Chriftiaa States, and hath been Penal and Trllutary^ 103 been condemned by all Churches/ as very Criminal, upon thefc two Accounts. Firfl, that it is a tempting God by Ways which he hath no where allowed j and iecondly, becaulb the innocent Man is expokd to equal Danger with the Criminal, and hath been many Times overcome. And upon this the Spedators have frequently confi- dered the Event, as a divine TcPdmonyi which in this Cafe being given on the guilty Side, cannot but reflect infinite Difhonout upon God, and is therefore highly Criminal.. And here it may not be amifs to obferve occafionally, that, if thefe which are pro- perly judicial Duels are fo wholly unlawful ; then private Duels are fo unjuft, fo unrea- fonable, fo uncharitable, fo much againft all the Laws of God and Man, fo infinite- ly againft the Piety of him who furvives it, and fo infinitely againft the Hopes of him who dies in it, that they muft be wholly Inexcufable. There is indeed another kind of Duelling, which has been reckoned law- ful among Men, and is indeed infinitely more tolerable than either of the Kinds a- bove-mentioned j which, is, when a Duel is rrrade a Compendium of War, when it is dcfigned to prevent a greater EfFulton of Blood. ThvLSxht Romans ^nd Albans agreed to determine their Wars by a Duel of three H 4 Cham- 104- Of LawSy Champions on each fide : And the Cariatii Ipfing the Day, the Albans became fubjcft to Rome. I have thus far endeavoured to lay down the Prohibitions of private Executions, to- gether with the Gircumftances in which they have been, or may be allowed of The next Enquiry relates to the latter Part of the Rule 5 and it is this : Whether it he Uwfulfor a ChriftUn to require of the Ma- gifirate, that his amending Brother be pu- nifbed ? And to this it may befaid, i. If the in- jured Man demands the Punifiiment of the Offender with a view to nothing but the Gratification of his own Anger and Re- venge j it is, no doubt, very unlawful. Ren- der not Evil for Evily with many other prohibitive Words of our Lord, cannot mean lefs than the Prohibition of all Re- venge, tho' required and obtained from the Hand of Juftice. But, 2. it is lawful for a Chriftian to require of the Magiftrate that he punifli the injurious Man, if hehasRea- fon to fear a future and heavy Evil from him: For this is nothing more than the applying to the Law for a juft Defence,, without which, the -Magiftrate would hear the Sword in vain, 3 . In the aflcrting and determining Mens; Rights befoic the Chri- ftiaa Tenal and Tributary. 105 ftian Judges, it is not lawful for Chriftians to infift upon any Reftitution beyond their leal Damages : For that is in ciOFeft, a Re- tribution of Evil, which a Chriftian is not to be guilty of. The J^ws might in fuch Cafes receive four fold 5 but Chriftians are to be fatisfied with bare Reftitution. 4. It is unlawful for Chriftians to go to Law, but upon very great Reafons. A Man may be under fuch Necellitics, fuch particular Relations, fuch natural Obligations, that he maj^y nay, in many Cafes, that he mujl dc* fend his Goods, his Life, his Reputation, by the Protcftion of the Laws : But he mufl: never under the Pretence of finding Pro- teftion from them, feck to vex his Neigh- hour, or to gratify any unchriftian, unman- ly Paflions. The frequent Commands in our moft holy Religion, relating to the fufFering Injuries, the Patience, Longani- mity, Forgivencfs, doing Good for Evil, will not fuffcr this. When a Man difco- vcrs in himfelf an Inclination to profecute his Neighbour 5 he would behave like a Chriftian, if he would calmly confider the Rewards promifed to the above-mentioned Virtues, and to every Aft of Charity ; if he would confider farther, whether the Things of this World cannot poffibly be dcfpifcd by a Chriftian ^ and whether Peace and Forgivencfs do not render us more like to io6 Of LawSy to God, and the moft Holy Jefus. But if after all it fhould be highly expedient for him to affert his Right before a Judge, he muil induftriotifly avoid all the little Arts of Vexation ; he muft not be Greedy, Paf- fionate, and Revengeful j he may be defi- rous of righting himfelf, but muft not take Pleafurc in the Breaches made upon his Neighbour. Thcfe Mifcarriages would be in great Mcafure prevented, many acciden- tal Evils removed, and many Cafes of Con- fcience be either eafily determined or re- duced to a lefs Number, if vile and rapacir ous Advocates, who make a Trade, not to minifter Juftice, but to heap up Riches to themfelves, were not pcraiittcd in any Government to plead in behalf of vicious Perfons, and manifcft Oppreflbrs, or in Caufes which are notoriouily unjuft. Rule Tenal and Tributary. 107 Rule VII. It is not la'u:fHl to pttnijh one for the Of- fence of another 5 merely and wholly. This is fo plainly the Voice of God, and Nature, and is fo agreeable to the general fenfe and Opinions of all wife Men, that it would be fuperfluous to go about to prove it. But there are fome Cafes, which it may be very proper to explain, under this Rule. i. Concerning Perfons conjunct by Contrad. 2. Concerning others con- jund by Nature. 3 . Concerning thoft^ who are conjund by the Society of Crime. ' For in all thcfe Cafes one is puniihed for the Pault of another : But how far this Proce- dure is juft and lawful, will be an ufeful Enquiry in order to the Condud of Con- fciencc. I . The firft Enquiry relates to thofe who arcconjund in Contradj liich are Pledges in War, Sureties for Debt, and the like. As to Pledges in War, it hath been fome- times pradiced to put them to Death, when their Parties have broke their Word. And this feenis to have been juftifiable by the Law of Nations, fince the contending Parties have, without Reproach or Infamy, pradiced it on the other fide. But then it cannot io8 Of Laws^ cannot be lawful by the Laws of God and Nature, unlcfs the Pledges be equally guilty of Breach of Promife, or any other Crime, with their Parties. When RegukSy coming upon his Parole to Rome^ adyifed xht Romans not to rcleafc the African Vn- foners ; the Carthaginians had fome Pvea- fon to imagine him as guilty as his Country : But when this is not the Cafe, it muft be againft the Law of Nature to put to Death thofe who we arc perfwaded are innocent. And this feems to be one Reafon why the Laws in criminal Caufes, where Corporal Pu^ niihments are inflifted, does not permit one Man to be Surety for another. Befides it is plain; that he who is Surety for another, can- not engage for that of which himfclf is not Lord, and over which he has no Power ; and therefore he cannot engage to give up his Life or hisLimb. It is not in the Power of any Man, to engage his Soul for the Soul of another, fo as to pay it, in Forfeiture of that of another 5 It is not properly his own : For as the Apoftle tells U5, our felvesy our Bodies, zwA our Spi- I Cor.vi. rits are God's, and are bought with a Trice. ^^* In pecuniary Punilhments, ^ the Cafe is very different ; for here a Man is certainly Lord of his Money, may give it away as he pleafes, and therefore may engage it s and he who is Surety for another's Debt, gives or lends it to him, who is principally obli- ged Tend and Tributary. 109 ged. By the way, it may be obferved, that the Surety can oblige his Money, or Him- felftothe Payment of his Ivloney. But when the Creditors were impowered to torment the Debtors, as it was permitted by the Laws of the XII Tables among" the Romans, no Man could dircdly give himfelf a Surety for that Torment 5 but by making himfelf a Debtor, he confequently made himfelf guil- ty if he did not pay, and therefore might bepunifhed with as muchjudice as the prin- cipal Debtor. But after all, to allow of corporal Punifhments, in Cafe of Infolvency, is wholly unlawful, not only in Relation to the Surety, but alfo to the Principal. If he jiias. reduced himfelf by his Prodigality, let the Law punifh that as it pleafcs j or if he attempts to defraud his Creditor, let him fuffcr: But if he is fallen into Poverty, by unavoidable Misfortune, it is utterly incon- fiilent with Juflice and Charity to punifh him. 2. Butthefecond Enquiry relates to thofe who arc conjunft by Nature,- whether for Inftance, Sons or Nephews can be punifhed for the Offences of their Fathers and Grand- father > It is certain, that the Heir is not bound to fuffer the corporal Punifhment, to which his Father was Condemned, becaufe the Father had no Dominion over his Son's Body, or his own 5 but over his Goods he had no Of LawSy .had Dominion, and therefore might make them over as he had obliged himielf to do. And in this Senfe, the Heir may fufFer for the Fauhs of his Father, fince lie may be made liable to pay the Fine, to which his Father was Sentenced, or to pay his Father's Debts : ■But then if the Father fuffer Torment, or Imprifonment for Infolvency, the Son is no Way obliged to either of thofe j becaufc whether the Father's Infolvency arofe from his Fault, or from his Misfortune, the Son is no way concerned in either, and therefore cannot be obliged. For as he is not bound by his Father's Offence, to fuffer perfon'al Punilhment, fp neither can the Father's Misfortunes oblige him to fuffer any thing beyond the Poverty to which he leaves him. If the'Father became Infolvcnt by his Crime, the Punifhment was to defend no farther than the Offence, and therefore no Tor- ment ought to be entailed on his Pofterity i but if he became Infolvent by pure Misfor- tune, neither Father nor Son could, for that dcfervc any further Milery ; and if the Father made over no Goods, no Advanta- ges to his Son, there is noReafon helhould tranfmit a Burthen to him. ^Nemo fiat de- ter ior per quern me-lior fastis non eft, fo fays the Law. 3. As to the third Enquiry ; they who are conjund in Crihic, are equally obnox- ious Tend and Tributary. 1 1 1 ious to Punifhment. If in this Cafe there- fore one be punifhed for another's Fault, there is no Injuftice Ihewn to him who is punifhed, but much Mercy to thofc who are fpared. For when all are guilty, all are liable to Punifhment.' In many Cafes it is highly ncceffary, thatafew only ihould be punifhed for the Guilt of the Reft. Thus in Cafe of Tumults, Riots, or Rebellions, the People arc to be terrified, and admo- nifhed, but the Ringleaders only fhould be punifhed. There are fome other Queftions and Ca- fes of Confcicnce relating to penal Laws, which becaufc they may more properly be confidered under other Titles, 1 fhall there- fore refer them to their feveral Places : But I lliall here fubjoin fome Rules relating to the Meafures and Obligations of Confci- cnce, in the Matter and Laws of Tribute, RULE 11^ Of Laws, Rule VIII. The Laws of Tribute are moral Law s^ and not penal, unlefs it be by Accident -^ and therefore do bind the Confcience to an jd£tive Obedience. Rom.xiii. We owe Obedience to him, to whom wc pay Tribute. It was St. "Paul's Argu- ment to prove, that we ought to obey the Powers fet over us, becaufe to them we pay- Tribute; and this Tribute was not intro- duced by Tyranny, but is a Part of tiiat oeco- nomy, by which God governs the World by his Deputies, the Kings and Princes of the Earth. It was obferved by Tacitus^ nee ^ties Gentium fine Armis, &c. With- out Laws, there is no Peace \ without a Power of Coercion noLawsj without Guards and Soldiers no Power 5 and without Pay no Guards. For thefe, or the like Reafons, no doubt it was that our Lord Argued for the paymg Tribute to C^efar. Chrift does not there enquire by what Means he came by his Power? butashe was then their Ru- ler, as he Proteded them in Peace, deter- mined their different Rights, relieved their . Opprcflions, ftamped their Money, gave Value to that, and Protediontothcmfelves, they were bound in CJonfcicnce to pay their Tribute 'Penal and Tributary. 1 1 ^ Tribute. Since therefore we ovv''c Tribute to thofc to whom we owe Obedience j \^o we likewiic owe Obedience to tlioie to whom wc owe Tribute : That is if the Go- vernor have any Right to demand Tribute, we are then obliged in. Conicicncc to pay it him. Rule IX. The La'jus of Tribute have the fame Con- ditionSy Caufes^ Towers, and Meafures^ "with other La'isjs of GovernmerU. This Rule requires^ that the Authority which demands it, be Supreme 5 that the * End of it be Publick, that the good be ge- neral, and that tiic Subjects receive Advan- tage. But this is to be underllood of fuch Tribute, as is not Penal or Compenfatory. For fometimes Tributes are impofed upon a vanquiOicd People, as Fetters upon a Fugi-' live, to hinder him from running away any more, or to make up for tlie Expences of the War. But in other Tributes, which are; legal publick and univerfaU the Tributes ought to be proportioned to the Neceffity and Caufe of it $ it muft be equally laid> and employed for the bringing about that End for which it was inopofed; always ma- king fome Allowances to the unavoidable Vol. II. I Errors 114 Of Laws, Errors in publick Affairs, where there are fo many Particulars to be confidcrcd and provided for. I obferve this with a view to ilich Tributes as are impofed, with re- gard to the ufe of the Community : For in thole others which are intended for tiie Ufe and pcrfonal Expcnces of the Prince, the Subjed is no farther concerned, than that according to LaW and Cuftom, he pay& it. In thcfe laft kinds of Tribute tiie fu- preme Power is a fupremc Lord 5 in the other, he is only fupreme Steward and Dif- penfcr. And as the Laws of Tribute, like otlier Laws, have their Original and Obligations fo likewifc, for competent Reafons, they may ccafe to oblige: Only with this Diffe- rence, that the Laws of Tribute, when the Rcafon of them ccafcs, if they are continu- ed by Cuftom, are ftill binding to the Sub- je£b 5 it being Reafon enough, that the fu- preme Power receives Advantage by it, which cannot be fo confined to his Perfon, but that it will, like the Splendor of the Sun, reflefl: Light and Heat upon the Subjed. But in levying and impofuig Tribute, when it is done by the Voice and Confent of a Majority, thofe Things are ufually ex- cepted, which are'fpent in our perfonal wants. It is certain, that the Generality of the Canoniftsand^ Civilians, with many great Teml and Trilutarj. 115 great Divines, are of Opinion, that it is Unlawful to ]Ay Taxes upon what Men cat and drink . And the Reafons which arc com- monly urged againft fuch ImpofitionS;, are thcfe Two. Firfl:, that to pay Tribute for our Meat and Drink Ipoks too much like Slavery. The other is, that the Poor, or he who has mofi: Children, or is mod hof- pitable to Strangers or to the Poor, fhall be the moft burthencd, who for thcfe very Reafons, of all Men, ought to be moft cafed. However this be, yet it is often found, that learned Men, when they talk- of thelntereft of Princes, and lay down the Meafurcs of their Income and Neceffitics, rather fpeak plaufibly and prettily, than to any great Purpofe. For in all Cafes of this Nature, Kings and Princes will do as they plcafe : And, let us fay what we will, ic is very fit they Ihould, provided that they remember, that they arc to account with God fortheir whole Condud, and that they take their Meafurcs from the Laws of God and their Country, 'and from the Opinions of thofe of their Subjeds, who are skilled in both. Iz RlTLB 1 1 6 Of Laws^ Rule X. Tribute y and Cufioms which are dtiey are to be paidy whether they are demandedy or no. This plainly follows from what wasfaid above. For if a Tribute be juft, it is a real Debt, and is to be paid like any other. Our Duty mufl: not depend upon the Diligence of other Men ; and if the Minifters of the King be negligent, we mufl: not therefore be unjufl:. But this is to be underilood of fuch Cufl:oms and Tributes as are juft : In which Number, thofe of immemorial Time, of long ufe, are always to be prcfumed. He who pays not Tribute, upon Pre- tence that it is m:ijufl:, that is, that it was impofed by an incompetent Authority, in an ir-regular, or an unec^ual Meafure, muil be fure that it is unjufl:, and not barely think it fo. His Doubts or Ignorance cannot juftly prejudice the Princes Rights : For if he only doubts, the Prcfumption ought to be for them; becaufe the Prince is to be confi- dercd as the more publicly, and more im- portant Pcrfon i and therefore his Rights are rather to be fecured, than thofe of a Man, Ms pablick, Icfs ufeful and impor- tant. ^ I fliall ^enal and Trilmtarj. I fliall only obferve one thing more in regard to Pradice. Let no Man imagine, that becaufe fome Subjcdts from the Cu- ftoms, and the Portion which he conceals from them does not injure the Prince^, there- fore it is lawful to hide all he can from them, for the Farmer has what he gets in Right of the Prince 5 and the Husband- men in the Gofpel^ who would not pay to the King's Stewards the Fruits of the Vine- yard, which were demanded in the King's Rights were caft out into outer Darknefs, 13 HAP, Of Supreme civil Towers^ Chap. IIL Of Supreme civil Tower Sj and their Laws J m f^cciaL KVLE I. The Supreme Tower in every Repuh- iick, is miverfal, abfolute, and un- limited, THAT in every Common-wealth, there is a fupremc Power, is out of all doubt. There can be no Government where there is iio Superiority 5 and where there is a Superior there is likewife a Supreme 5 for he is fb who hath none above him. It is here of no Moment, whether this fupreme Power be placed in one, or many. In- deed, this would be a material Confidera- tion, in regard to the Goodnefs or Badnefs of a Government i but it does not relate to the Rule before us, which confiders on- ly the Power, and the Abfolutenefs of it. It is therefore a Very .weak and ufelefs Di- ilindion, when we fpeak of Kings and Princes, and by them mean the fupreme Ppwer; to fay, that fome are abfolute in their jind their Laws in Special. their Power, and fomc limited. Some Princes indeed arc limited i but then they are not the iupreme Power. It is nonfcncc to lay that the Supreme Power can be li- mited or rcftrained^ for that which reiljains itmuftbc fuperiorto it, and then it would not be Iupreme i even in an abfolute Mo- narchy, where one Peribn is ma(^e Lord of all, there is yet no greater Power, thanthere is in all mixed Governments ; for howxver the Power be divided, fome where or other it muft be, even abfolute and unlimited. And that this is true, will appear from the fame Reafons, by which we ordinarily in- fer the Neceflity of Government it felf. It is nccefiary that it fhould be io, becaufe there arc fome certain ftates and condition* of things, for which nothing can effedually provide, but this fupreme and unlimited Power. The great End of Power is to do -all things, which are any ways neceffary to prefervethe Common-wealth j which,likc an helplefs Orphan, muft be expofcd to Chance and Violence, unlcfslhe hath Power fuffici- cnt to ufe all imaginable Means for her fafety. This Supreme Pov/er is commonly expreffed by Toteftas regia^ Kingly Tower s and becaufe Kings have been, and arc fu- preme in their own Dominions ; (and thofe always are fo, and are fo acknowledged, to I ^ whom I 70 Of Supreme civil Towers^ whom the Subjeds have bound themfelves by the Oaths of Allegiance and Supremacy) by this Exprefllon is commonly meant the Supremacy or the Majefty, So Suetonius fpc^kin^ oi- Cal^gulay fays, hewas very near Speciem Trinapaius in Regnum converterCy to turn the Government into a Kingdom i that is, to make it Abfolute and Supreme. And 'Fifo, when hddiidofGermanicusTrin- cipis, Romanoruniy non ^arthorum Regis eJfeFilium, meant that the Tarthian Kings were abiolute, but that the Roman Princes governed in Conjun£tion with the Senate. And C^far {ays, that Vereingetorix was put to Death, becaufe being but a Prince of the Gauls, he affeded to become their King. But in order to the affair of Confcience, Kings and Princes, or in other Words, all Supreme Powers are to diflinguidi 'Rotejia- tern Imperii ab Officio Imperantis. That is to be confidered by the Subjecl, and /^/V by the Prince. Supreme Princes have always an abfolute Power, but then they may not always ufe it : For it is to be confi- dered, that the abfolute Power of a Prince is an abfolute Power of Government, not <^f '^^ffi^ffio^' It is a Power to do Right, but not a Power to do Wrong i and at the worfl, it is but a Power of committing private Violences for the fafety of the Publick, T};,e Supreme Power thp'cforc muft defend every And their Laws in SvcciaL III every Man's Right, but muft ufurp no Man's. He may indeed ufe what is the Property of another Man, for the common Necellitics, but it muft be where the Exigencies of Go- vernment may juftly oblige him to it, and not otherwife. If it fhould be demanded, who is to be judge of this Exigency or Ne- ceflity ) It is certain, that it would be better if it were fo notorious that every Man might judge 5 but yet he who is to provide againft "it, is certainly the moft proper Perfon, as he hath the Authority, jlhab had no right to take Naboth's Vineyard from him, but if the Syrian Army had invaded the Ifrae^ liteSy he migiit have laid an Ambufh in it, or to have preferv'd his Army, might have deftroyed the Vines. Thefe Refledions are fufficicnt, to prove the Rule it felf ; fo that we may depend upon the truth of thefe following Points, i . That in all Governments, there is fomewhere or other, lodged a Supreme Power. 2. That this Power can excrcife all Acts of Government j fothat nothing is fo great, but that if it be ne- ceflary, it is like wife juft, and may be done. Eor were there any Time, or any Cafe in which Evil might happen, and no Provifi- ons might be madefor itj at that time, and in that Cafe, all is Anarchy, and there is no Government at all. 3. That this Su- prcnip Power, being a Power of Govern- ment, m 0] Slip' erne civil Towers^ nient, muft likewife be the great Prefervcr and Minilkr of Juuicc, and muft therefore fuppofe every particular Man's Right, to be fixed, diftind, and fepcrate 5 and confequent- Jy, that it hath nothing to do with Men's Properties, but is to prefcrve them in Peace, or apply them in War, fo as it fhall be nc- cdflary or unavoidable. There are fomc fudden Emergencies, againft which there can be no regular Provifion in Laws, to pro- vide againft them therefore in the Inftant, is within the Power of the Supreme. And in this Scnfe it is, that the faying of fi^?/- dus is the beft Meafure of the Confcienccs of Princes, the Plenitude of Power, ought of all things in the World, the leaft to be dreaded, becaufe it is always fuppofed to be ufed to the moft ufeful and moft commend- able Ends. Rule II. The Supreme Tower is fuperior to the Civil LawSy but not wholly free from them. Trinceps Legibus Solutus eft, fays Jufli- ^^^l\^''ntan the Trince is not hid to Laws, For it fecms abfurd, that he who hath Power o- ver the Law, who gave it being, afod can if ' he pieafes lay it afide, fhould be inferior to that which is of no confideration, but as it is derived j4nd their Laws in Special. i a 3 derived from him. Indeed, if the Prince, when he made the Law had divefted himfclf of his Power i he had tlien been Subject to it : But then he had given up all Power to abrogate itj which becaufe it is infcperablc from the Legiflative Power, it follows that the very Being of the Law hath a depend- ance upon his Power, and is Subjed to it. It hath however been cuftomary among Divines and Lawyers, to fay, that Princes are at leafl fubjed to the dire6iiv€ Power of the Laws. But this is not fufficiently clear, fince a directive Power fecms to be np Pow- . er at all. For if it can only dired, it can- not beaLaw^ fuice a Law not only dircd» but obliges. But to explain what they mean by a directive Power, that which is menti- oned in Scripture concerning juft Men may be urged , and there we are told, that the Law was not made for the Righteous but for the Wicked i which only means thu^ much, that the Compulibry of Laws is not defigned for thofe >vho obey without Com- pulfion. Men truly juft and good, obey fo willingly, and fo love Order and the Virtues enjoined by Laws s that the Laws feem to be of no further Ufc to them, than to point out the particular Inftanccs of Duty, which are required of them. Now, in this Senfe^ Men arc under the direEiive Power of Laws iniproperly fo called 5 but Princes, are not I a 4. Of Supreme civil Tqwcvs^ not thus far Subjed to them. The Supreme Power may Obey if he pleafcs, as the juft Man does ; but this juil Man muft Obey, or he fliall be PuniOicd i not fo the Prince. The Laws indeed may dired the Prince, but it is becaufche wiii have it fo : But then they ditcct the juft, becauie they have Au- thority to command and punifli^ only the trucly juft will not give them an Occafion to proceed fo far. It is plain therefore that the Cafes here mentioned between the juft Man, and the Supreme Power, arc widely different, (fince the Law is in no Senfe a Commandment to the Prince) and fince that which is properly Counfel or Advice, cannot be underilood to be Law. And yet on the other hand, we may find good Princes of a different Opinion s who tho' in other Points they fuificiently pro- vide againll any Diminution of their Pow- er, are here willing enough to acknowledge their Power to be lefs than the Law 5 that is, that themiclves are bound to obferve it. So (aid the Emperour, 1>igna vox eji Ma- giftatis regnumis, 6cc. It is an ExpreJJion not beneath ike Majefty of a'^Prtncej to own himfclf fubje^i to Laws. Now, there is but a feeming Oppofition between thefe different Perfwafions, for both are true, and may be made confiftent by the following McalWts. I. The ^nd their Laws in Sj^eciaL 115 I, The Supreme Power is not under the fear ofLawi, but is to love the Virtue and Order commanded by them. It is indeed no more lawful for Princes than for their Subjedls to do unjuft Adions : But they arc invited to do worthy AdionS; not bccaufc they ftand in fear of the Laws, but becaufc they are to love Jufticc, and there is the fame Neceffity for their loving it> as there is for their being great and honoured. A King is rather to regard his Duty, than the greatnefs of his Power, and ihould lay a iefs flrefs upon his Impunity, than upon his. Reputation : And becaufe he is not to dread the publick Rods and Axes, let him have the higheft Reverence for publick Honeily ^ and it is the Opinion of moll La Vv vers, and particularly of AccurjinSy 'Principemj etji Legibus foluttis fit, Honeftatis tamcn Ne- cejjitate otnntno teneri opportere^hat a'^Prince ought to he obliged to certnin Acitons in Point of Honefly at leaji. Other Lawyers how- ever have obferved that, Hone ft as non videtur inferre Neceffitatem, that a Regard to Ho- nefty lays the Prince under no Necefity, This indeed does not make inch or iuch Adions, fimply neceflary to the Prince, but it perlwades him to them vehemently, and where the Prince has ^ny fenfc of Confci- ence, or his ownlntereft, it diifers but little from it. However the Prince ij> free only from 1 a 6 Of Supreme civil 'Powers ^ from one Compulfoiy which lies upon his Subjeds, but is under many which will never affed them : .God obliges him to greater Duty, exads it with greater Severity, and will more fharply punifh his Delinquen- cies. And confidering how feldom he hears Truth, that he fcarce ever meets with a bold and wife Reprover s that he hath many Flat- terers, and but very few Friends s that he hath Power and Opportunity of doing the greateft Evils, and that his very being Supe- rior to Laws, leaves his Spirit unguarded, and robbed of one of theftrongefl: Securities of Virtue ; and that when Virtue is only coldly advifed and recommended, and not made neceflary by Laws, a Man had need of the firmeft and bed Refolutions to make Virtue ncceffary by Love and Choice 5 con- iidering this I fay, it is no real Privilege to Kings, that they are above the reach of their Laws, but is rather, the worft Evil of their Condition. Only it is neceffary to others that thefe fhould dwdl in Danger, but as for their Subjedion to the Laws, they are not obliged to it by the Reafons upon which their Subjedsare obliged, but by others, Of an higher Nature, as has been fliewn.. 2. But then, thefe Supreme Compulfo- ries being guided only by the Hand of God, do plainly fhew, that the Supreme Power i^ obliged by al.l the LawsOf God> of Nature, ' '' and j4nd their Laws in Special. 12J and of Chriftianity. A King hath no Pow- er to govern, but agreeably totkeLawsof God; if he does other wife, tho' he have no Compulfory upon Earth, there are enough above, and to God's Laws the mighticft Pow- er upon Earth is wholly Subordinate. A Prince therefore may fiot Conimand his Subjedsto fight in anunjuft Caufe, accord- ing to that faying of St, Jerome, Cum'Vo'^^f^^^ minus Carnis, &c. PFe are not to obey the Riders of this IVorldy the Lords of our Flefljy "iz^hen their Commandments interfere isijith thofe of the God and Lord of our Sftrits, But then we arc to take Care not to let a- ny little, idle fancy or Perfwafion make us difobey the juft Laws of our Prince : x\nd we cannot be fafe in our Difobedience in the Cafe now liientioned, unlefs we are ve- ry certain, that to obey would be inconfi- ftcnt with fome Law of God. 3. As to the civil Laws of a Country, there are fome which concern the Sub- jed, and fome the Prince, and fome are common to botlv. Thofe which concern the People, are fuch as relate Tribute, Trade, Habits and the like; but thofe which con- cern the Prince alone, are all Ads of Grace 3iid Eafc to the People, all that he hath thought fit to prpmife, the Forms and Laws of Government, and whatfoever himfelf hath confcnted to $ by all thcfchc is obliged 5 for in laS Of Supreme civil lowers: ^ in fuch Cafes it is true what TUny faid in his Panegyric to Trajan^ tho no Laws were impofed i^ipojj him, yet he became a Law to hmjfelfy and when he had once obliged him- Jelf, he laid him felf under an equal Necef- Jity with his SubjeBs. There are other Laws yet, which concern both King and People i fuch as are all Contrads and Bargains ; and generally all thofe things which are eftablifhed by the Law of Nature and which rather concern him perfonally, than in the Capacity of a King. 4. The great Laws of the Kingdom y do bind all Princes tho' they are Supreme. Such are the Golden Bull of the Empire, the Sa- lic Law m France, and Magna Charta in England, This is owned by all, and is na- turally juft, the King having confcnted to it. 5. A Prince is obliged to what he hath Sworn, not only as he is a Man, but as he is a King : For tho' he be Superior to the Laws, he cannot be above his Oath, be- caufe he is under God* And therefore, tho' he be above all the Penalties of the Lawi yet he is fo far obliged by all the Laws of the Kingdom, to which he hath Sworn, that the' he cannot be punifhed by them, yet he fms if he breaks them. Not that the Law can bind him, for that it cannot do without a Compj^fory, which here it ~ ' ^ hath And their Laws in Special. 1^9 hath not but yet he is bound to the LaWy tho' not by the L aw j for the Obligation arifes from other Caufes, from his Promi- izs, his Oath, his Contraft, his Religion, his Reputation, and efpecially from God Himfclf. And here it fliould be obferved that tho' a Promife give a Man a Right to that which is promifcd, it does not always give a Right over the Perfonwhd promifes. A Prince is like him who pro- niifes a thing under a Curie : If he fails in his Promife, the difappointed Perfon is not to Curfe, or inflidl the Curfe upon him ; for that is wholly to be left to God. If therefore a Prince fwears to his People to make no. Laws without their Confent^ he is Obliged no doubt to perform his Word 'y but if he does not, God, and not the People are to puniihthe Perjury. The King's Promife, or Cellion, or Ads of Grace, do never leffen or divide his Pow- er, tho' they oblige his Perfon. And if an Aft of Parliament. in England were made with this Claufe of Perpetuity, that if an Adtfliould hereafter be made, to refcind it, it fhould be void \ the firft Aft would then be of it felf invalid. Hitherto we have iczw how far Kings are obliged by Laws. Let us now enquire how far they are freed from them, -or are Superior to them. Vol. II. K Now% I ^o Of Supreme civil Towers^ Now, in the Enquiry from what Laws Kings, or the lapreme Powers are freed $ or what is the Right of the Supreme Power more than of the Subjeft, it may befaid. r. It confifis in that, which \vc in Eng- /and call ibe Kings Prerogative 5 and in the civil Law is the Lex Regia, or Vef- pajians Tables: The Particulars of which arccithcrlaid down in the refpedive Laws of every Nation, or are contained in their Cuftomsj orotherwife, it is the Power of doing- every thing he pleafes, which is not contrary to the Laws and Cuftoms of his Subjcds, without being obliged to give any Reafon for it. 2. It confifts in the King's Immunity from any Obligation to certain Forms and Solemnities of Law, to which the Sub- jeds are obliged. And what Jufiinian , faid, is not only true in the Matter of Co- ercion, but likewife with regard to the or- dinary Forms and Solemnities 5 Omnibus a NobisT)i£iis Imperatoris excipatur For- )v. cy.tuna, cui et if fas T)eus Leges Sttbjecity The Fortune of the Emperour muft he ex- ceptedfrom the Edge and from the Forms t>f LaWi becaufe God hath made the very Laws fiibjeB to the Emperour, Befides, 3 . The Supreme Power is Solutus Legi- bus fieefrom Laws, in that he can pardon •a condemned Crimincfl. For the Supreme Power And their Zjaws in Special. 121 Power is not fo ftridly bound to the Cb- fcrvation of its own Laws, but that upon juft Rcafonsit may interpofc between the Sentence and the Execution of it. The Stoicks indeed would not permit any wife Man to ad thus, as fuppofing it inconiiftent with Juitice, to remit a due Puniflimenr. It is certainly very true, that Offenders ougiit to be Punifhed, and Punilhment is due, that is, they ought to undergo it : But 'T^ £71 a debit a ex 'Parte Reonimy It is their Debt, not the King's 5 they are obliged^ not He : And yet it is Juft in him to ex- zQt it, that is, he may exaft, but is not in all Cafes obliged to inflid it. Were, it otiK:rwife, then God, and the Magiftratc ,' his immediate Vicegerent, would in the palling any Law, take from themfelvcs fome proportion of their Power, whereas fitice that Law derives its Being and its Power from their Authority i it is certainly flill in their Power to difpenfe in it, and may therefore upon fome Occafions par- don Offenders. This I fay, is part of his Royalty, or another Inftance, wherein the Supreme Power is freed from Laws. But then, this is never to be done, but when it is plainly confiftent with the great Ends of Government, that is, when the Publick Intcreft will not be hazarded, and when K i the OfSiiJ)rem€ civil Towers^ the private Injury may be fome Way or other recompenccd. But the Supreme Power is not only freed fromLawSjbut is alio above them; becaufe he can difpenfe in them, he can interpret them, he can abrogate them, he can in neceffitous Times or on great Emergencies govern by theLawsof Reafon, witiiout any writ- ten Law, and he is properly the Judge of what is to be done in thofe Exigen- cies and Emergences. Thus in fome Cafes, the Kings of Ifraet had Power o- ver the Judicial Laws, tho' they received their Sanction from God. He commanded that the Corpfe of a Malefador fhould not hang aft ex Sun-fet, upon the accurfed Tree, and yet Maimonides tells us, (that to dif- courage the growing Impiety of wicked Men) the King fufpendtty et reltnquit fufpenfos^ &c. hangs them and leaves them hanging many "Days, Rule IIL It is not lawful for Subjects to rebel, or to take up Arms agamji the Supreme Vower of the Nation^ upon any Pre- tence whatfoever.' If it be true of the Supreme Power in every Govcrnmenmcht that it is Totejlas "Dei j4nd their Laws in Special. 13^ 2?^/ njicaria, that it is the Miniftcr of God, that it is appointed by him, and let in his Place, that it is invcfted with a Ray of his Majcfty, intruded with no Power but his, reprefents him only, and receives the Sword, the Power of Life and Dcatii, by his Commiffion ^ then it muft neccffa- rily follow, that he who lifts up his Hand agalnft that Supreme Perfon or Authority, which God hath fet over him, impioufly rcfifts and fights againft God. And there needs no other Words to prove this, than thole of the Apoftle, He that rejtfieth the Vo'u:er^ refijleth the Ordinance of God. He does not fay, that he who doth not obey, is difobedient to God j for that is not always true. For in fome Cafes it is neceffary not, to obey, as in thofe of the Jews under Nebuchodonofor, and of the Apoftles under the wicked Commands of their Princes. But tho' they could not o* bey in fome Inftances, they could die. Tho' therefore it may, in fome Cafes be lawful not to obey > yet in all Cafes it is very neceffary not to refift. There is no Propofition in all Chriftia- nity more clear and more certain than this Rule. And therefore one can fcarcc think of any ftronger Inftance of Human Infirmity, than that fome wife Menlhould doubt of it, or entertain a different Per-? K 3 fwafion 154- Of Supreme civil Td'wers^ fwafioo : But this fliews us to what Lengths of Error, Intereft, or Paffion will hurry us, when they are taken into our Reafon* logs. A Man would have an hard Task writing Cafes of Confcience, if he muft be put upon the laborious Proof of fo plain a Point as this. For there arc few Cafes in which we may be To cafily fatisfied, as in the Article before us ; and were there no Cafes to be determined, but upon fuch numerous and plain Reafons as the Rule before us may be aflerted 5 a Man might defpair of ever doing any tolerable Ser- vice to the Interefts of Wifdom or Peace, Juftice or Religion. However, fince the Maxims and Manners of the World have made it ncceffary 5 it may not be impro- per to infift more largely on the Proofs of the Rule, and occafionally to reply to the Objedions which are more common- ly urged againft it. And r. The Scripture is very full and Ecci. X. plain to this Purpofe. Curfe not the Kingy 20' no not in thy Thought 5 and I cotmfel thee Ecci.viii. to keep the Kings Commandment ^ and that 2, 3- in Regard of the Oath of God. Where the Word of a King is^ there is, Power ; 2,, " ' and who may fay unto him-, what doflthou'^ againft him there is no rifing up. There are in the Old Teftament many other PaHa- gcs to the fame purpo(e $ but nothing can more And their Laws in Special, 1^5 inorc fully Eftablifii the Dodrinc of the Rule, than thofe already cited. No Man therefore can queftion him i no Man ought to rife up againft hini; for he hath Pow- er, he hath all Power, and by the Law or Oath of God, we ^re bound to obferve his Commandments :' Nor muft we even reproach him in our mod fecrct Thoughts. If therefore we may not even fpeak or think difrefpedfully of a King, we may not certainly do that which is much worfe. In the New Teftament thcfe Words of our Lord fecm fufficient i refi[i not Rvily that is, we are not fo to rcfift it as to oppole Evil to Evili by which all Chrifii- ans arc obliged to return no Evil to inju- rious Perfons, but by the Hands of the Ma- giftratc. No Man therefore is ordinarily to be his own Avenger, for Vengeance belongeth unto God, who hath delegated the Adminiftration of it to none but the Magiftrate, who is God's Mmifier to be a Revenger of Wrath under him. Now, if no Man muft retaliate Evil to his Offend- ing Brother, but by the Hands of the Su- preme Power, how canit poflibly be law- ful to render Evil for Evil x,o the Supreme Power it felf? By whofe Hands fhall that be done \ certainly by the Hands of hiy Superior only, by God alone, who will take fufficient Care to punifh Evil Kings. K 4 The 156 Of SuOreme civil Towers^ The Apoftles Vv^ho arc the Expounders of the Words of Chrift and the Meaning of his Spirit, fecm to put this Matter be- yond difputc, when they tell us, that \vc mull be fubjedto the Supreme ^owerSy or to the King as Supreme^ in St. Tetefs Language. And the Reafons why we are iiot to refift this Supreme Power, are thus cxpreffly given by St. TauL Firft, be- caufe this Supreme Power is ordained by God. Secondly, bccaufe he who rcfiftcth, refifteth God in refifting his Minifter. Third- ly, becaufc God hath armed the Powers which he hath ordained, with a Sword of Power and Revenge. Fourthly, becaufe it is for our Good, that we do not refift Iiim : For he is Gods Minifter for Good, for the common Good in which every particular Man s is comprehended. Fifthly becaufe it is neceffary j which fufficient- |y appears in the nature of the thing, and h'om the divine Command. Sixthly, be- caufe God hath obliged our Confcicncc to it. And, laftly> becaufe he who doth not obey when he may lawfully, and who does in any Cafe refijiy fhall receive to himfelf 'Damnation. It were eafy to produce many more Ar- guments, from the Writings of the New Tcdament; but thefe are fwfficient. Only, I ihall here obferve, that the Apoftles * th^nifelv^s And their Laws in Special. 1 37 themfelvcs ufed that very Argument which i before took from the Writings of Solo- mon, that we are not fo much as to /peak Evil of the King, Por St. Jude giving the Charaftcr of the worft of Men, in the Detail of their Crimes, mentions this among the reft that they defpife ^Dominion andfpeak Evil of dignities. Were it neceffary from the plain and^ , .^ exprefs Words of God, to defcend to the * Dodlrine and Behaviour of Chrift's Church in this Point; wc fhould find, that the primitive Chriftians, wh(5 at leaft knew the Mind of their Lord and his Apoftics as well as we, when they were under the grcateft Temptations, when they were op- preffed and perfecuted i fpoiled of their Coods, tortured and flain, did not rebel when they had fufficient Power and Num- bers, but profefled Refiftance to be utter- ly unlawful. But there is a lefs Neccflity of running out into a laborious Proof of this ; becaufe it being but a Point of Fad, and the Scripture being of it fclf fo full and dccifive as to need no Interpretation in the Cafe before us ; the Pradice and Dodrine of the Church, which indeed in moft Points is the beft Commentary, would here be but of little Ufe. But the Doftrine here contended for, ipay likewife be urged from every Man's' Rc4fou 138 OfSupeme civil lowers ^ Reafon, and from the very Law of Na- ture.- By tiieLaw of Nature, lunderftand that great Law of God, impofed upon all Men at their firft Creation, that by Rea- fon and Wifdom they fhouJd direct and govern thcmfelves in order to that End which is perfedive of human Nature and Society. The Law of Nature is pro- perly the Law of God, which is reafona- ble and necefiary to Nature : Now, .by this Law, this necefiary Reafon, we find it very convenient, that we fhould give lip the Claim and Exercife of fome Rights and Liberties v/hich we naturally have. Now, Nature having allowed every Man* to defend liimfelf againfl Violence as well as he can, did by an early Experience ea- fily difcGVcr, that few Men might have Power enough to guard them againft the Attempts of every violent Man. Hence jMcn came into Society, and delivered up their disjoyned ftrength into the Hands of thofe who by this new Acquifition of Power fhould be able to defend them cffedually, and who by their Promife and their Intereft were likewife obliged to do it. Now from hence it naturally follows, that if Men have thus given up their natu- ral Power, and have miited and intrufted it in the Management of one Perfon, we muft not keep it our own Hands 5 for the * rcfuming j4nd their Laws in Sj:cciah i ^ (^ reruming it, muft neccffarily throw Men back into that State of Diibrder, which they thought fit to' rclinquifh, for the Be- nefit of Government and Society. If the Supreme Power therefore be the Avenger we muft not meddle ; if he be Judge, we muft fubmit; othcrwife we are as far from Peace and Safety as ever. If Government be neceflary, it is alfo ncceffary that we obey it j if we muft obey it, wc ought not to judge iti ifwc ought not to judge it, we muft in no wife endeavour to pu- nifli it : And in Faft, no one Defign ever proved fo deftrudive to it felf, as the re- iifting and rebelling againft Government has always done. All this, may fome fay, is very true ; but fince Kin^s are dcfi2;ned for Defence and jufticc. For Edification and not for ^efiruBion i Good Kings no doubt, ought to be obeyed : But fuppofe they are wicked and unjuft, cruel to their Peo- ple, and Enemies to Mankind,* what arc we to do then > Wliy even what we fhould have done, had he been good and gracjous. For 'let him be what he will, if he be the Supreme, he is Superior to me 5 and I have nothing to do, tho' perhaps fome* thing to liifFcr. Here let God take Care^ if he fees fit, I Ihall loon be remedied i till then I muft do as well as I can : For if f 4-0 Of Sup' erne civil Towers^ if there be any Cafe wherein Subjed'S may refift, whofhall be Judge ofthat Cafe? Can it poffibly be evident and notorious ? And docs it always confift in indivijibili ? If it does not, then other things may rc- femble it 5 and who can anfwcr for the Subjcfts judging right ) Andif they could, who will anfvver for their not doing amifs? What Security can we have againft the Am- bitions, the Paffions, thclntcrefts, ofthofe who take upon them to reform the Su- preme Powers ) Is it not better to fufFer Ibme Inconveniencies from One than from every One, who fhall think fit to ruin us, under a common and formal Pretence of making us more happy? If you allow of one Cafe, youmufl likcwife allow of as ma- ny as are like it ,• and who is not witty and penetrating enough, to invent new Reafons for leflening or taking away the Power of any Governors ? Thefc wild Cafes therefore, are not to be put in Oppofition to that which natu- ral Reafon, and natural Ncccflity have c- flablifhed. Befides, we cannot imagine that a King fhould endeavour to deftroy his Kingdom. We might as well fuppofe a father would Murther his Children j and that therefore in fom'c Cafes, it might be lawful for Children to rebel againft their Parents, turn them out of Doors, and as they \And their Laws in Special. 1 4. i they fiiall fee Occafion, cut their Throats that the Inheritance may be theirs. Whom can we imagine worfe than Nero? Yet as bad as he was, when he was flain, he was quickly miffed. In the fpace of a few Months, he was fuccccded by three Prin- -ces i and in thofe few Months there was more Citizens Blood flicd than in the whole Tyrannical Reign of Nero, which lafled fourteen Years. The curious may confult Cardan s Encomium xx'fov^ Nero up- on this Subjed 5 and there he will fee Reafon to believe, that the word ot Prin- ces do much more Good^ than they do Harm. But fuppofe it could pollibly hap- pen, that a King Ihould intend to deftroy his People : By whom could he do it > He cannot do it by Himfelf; nor would •he eafily arm his People againtl thcmfclves. But fuppofe he could do this ; what could he get by it ? He cannot behave fo ^mrcafonably. But only fuppofe it ^ what will be the, Confequence ? Why, faith Solomon, OppreJJion will make a wije Man Mad, There are fome Temp- tations which a Man may not have ftrcngth to bears and this poffibly would be one of them : The People would be vexed in- to the Sin of Rebellion, and it may be God would cut off the King, but at the fame time punifh the People. But we are not 1^1 Of Supreme civil Towers^ not to imagine, that a Prince can be worfc than Cruel and UnjufI:, or that his Cru- elty and Injuftice can fall upon great Num- bers. If he be Luftful, he cannot ravifh the Common-wealth. If he be Bloody, he cannot Murther it 5 if he be Covetous^ he cannot feize all Men's Eftates : Eut if a W^r be raifed againft him, thefe Mif- chiefs will be infinitely more general than he could have made them. But it may be demanded, are there no Perfons from whom if we receive any In- jury, we muft not be avenged of them > It had better become the Mouth of a Chriftian to have enquired, whether there be any Perfons of whom we might be a- venged? This is certain, that we are not to avenge our felvcs of any, without the Permiffion or Aid of the Supreme Power, •which in this Cafe we can never have. But after all, can a Chriftian lofe by his Patience ? Is there no Reward for it ? Is not any Degree of Patience acceptabley e- Tcn where it is not neceflary > And fliall we not be rewarded for this Virtue, if we carry it to a greater Height than we are ftridly obliged to do ? If therefore this un- neceflary Patience, as it is here fuppofed, can entitle us to a Reward; then it is certain, that whatever we fuffer un- der unrighteous Fringes, it is infinitely better And their Laws in Special, \^i better to be patient and fubmiffive, than to relUh But let it be confidered further 5 does every Subject, who is a Wicked Man, for that Reafon, lofc iiis Pvight to his Eftate, otherwife than the Law appoints ? Is Do- minion really founded in Grace > Or is ic founded in Law and Labour, in Succelli- on and Purchafe? And is it not juft thus with regard to Princes ? Only with this Difference, that their Rights of Govern- ment arc derived from God immediately ; fuice none but he can make over to ano- ther, the Power of Life and Death. Can any one therefore take from another what he did not give him ? Or can a Supreme Prince forfeit his Right by his Vices, when he got it not by his Vcrtues, but only by the Gift of God ? Indeed if a Law were made to diveft a Prince of his Power, in Cafeof Malc-Adminillration, fuch a Prince would not be the Man I here mean; he would not be Supreme, but Subordinate, his Power would be precarious, and would lad no longer than his Superiors law pro- per. But the Power of him who is really Supreme, is facred and inviolable, unlefs it could be proved, that any Power bu» that of God, was Superior to his. If he does not his Duty 5 I cannot juftify the Breach of mine j and if Obedience and Patience 144- ^f Supreme civil Towers^ Patience are our Duty 5 then the one is very necefiary, and the other ftill more neceflarvj when he does not do as he ought. After all, the Supreme Power in every Chriftian Government hath no Power to kill a Subjed without Law, or to robiiim of his Goods : But for the fame Reafon, a Subjed can neither kill nor deprive the Supieme Power, fmce there is no Law for that. We muft therefore either lay afide all Pretences againft this inviolable Power, or we muft admit all. If you admit any Cafe in which the Subjed may rebel againft his * Prince, you muft allow of every Cafe which he will pretend, who has been the Judge of one. But fince Government is conftituted by God to redrefs the intole- rable Evils of Confufion, and the Vio- lence and Oppreffion of every powerful wicked Man, we muft keep our felves there. For if we take the Sword, the Power, the Legiflation, the Judicature, or the Impunity from the Supreme i we then return to that State of Mifchief and Dif- order from whence we were brought by Government. For it is certain in Fad, that all the Pcrfonal Mifchiefs done by a Wicked Prince, are infinitely more to- lerable, than the neceflary Diforders of a violent Remedy againfl him. If there be not And their Laws in Special. not a dernier Refort, a laft Appeal fixed fomewhcrc, Confufion will be infinite, whereas the Evils which arife from that one Place, will foon be numbered, and more eafily be born and redrefled. It were eafy here to fuper-add the Sen-' timcnts of the wifcr Heathens, in this Point 5 for tho' Religion fpeaks Condcft in this Ar- ticle, yet the Nature fpeaks clearly enough. But I (hall only give you an Expreffion of Tacitus^ which feems to give the fenfe of the wifeft Romans in this Cafe, Impera- tor is Bonos Voto expentendoSy quale s-cunque tol&randos. Rule IV. The Supreme civil Tower y is alfo Supreme Governour over all Terjons, and in all Caufes Ecclejiajlical. Were not this Rule very neceffary for the Condud of the Confcience, as it is a Meafure of determining all Qiieftions re- lating to the Sandion of, and Obedience to all Ecclefiaftical Laws, the Duty of Bi- Ihops and Priefts, to their Princes, the nc- ceffity of their paying Tribute, and contri- buting to leffen and difcharge the neceffi- ties of the Publick : I fhould have been unwilling to have meddled with it 5 but Vol. IL L the Of Supreme civil Towers^ the violent Oppofition it has met with from Scotland and Rome^ from the Tref- byterian z.\\^x\\zTapi(t, whofe greatcft In- tercdj;, and firongeft Paffions, are concern- ed in this Queftion, makes, it highly ne- ccdary. The Learned among the Roman Catho- iicks contend, that to the Pope belongs all Ecclcfiaftical Government ; that he only can make Laws in Religion ; that Kings are his Subjc6ls, and are to be commanded by him in Matters of Religion j to which all Temporalities are fo far Subordinate, that, In Ordine ad Bonum Spirituale, For the Good of the Church and Religion, they are wholly at his Difpolril. On the other Hand, the Presbytery makes as high Pretenfions to the Scepter of Jefus Chrift, as the Pope does to the Keys of St. Teter^ 5 and contends, that all Kings are to fubmit to that, as indeed there is all the Rcafon in the World they ihould; but by this Scepter, they underftand only their own claflical Meetings, and the Go- vernment but toother Day fet up by tham- felves. As to the Pretenfions of the Church of Rome^ they are as weak as can be wifhed. The PalTages of Scripture, commonly urged by them in Favour of thefe extravagant Claims, as Tibi dabo^ Claves^ Ecce duo Glad'tj ^nd their Laws in Special. 1 4.7 iSladij.^ndpafce Oves : Befides that,they were not for many Ages after the Apoftles, pro- duced to any fuch Purpofc, are in the O- ' pinion of their bcft Writers fo very infuf- ficient, to prove the Superiority of the Pope over Kings, that .they chufe rather to prove this great Article from prudential Motives, and great Examples. Thus they urge, and glory in the Depofition of C^/7- ^/erk, King of Fra72ce, by Pope Zacharj/i in the Year 750, and in the placing 5P^/m the King's Marfhal in his Room. From this Example, Gregory VII, endeavoured to juftify his Proceedings, againft the Emperor Henry IV. Now, in Order to make the beft of this Fad, they ilifiy deny that the Nobility or Commonalty of France^ had the leaft Hand in this Depofition : Not that they wanted any Inclination to it, buc as they had no Authority, they applied themfelves to the Pope, as the Ordinary judge, who declared for Tepitiy and God feemed to ratifie that Judgement, in the Bleffings that follovVed upon itj for Tepi7t profpered, Charles the Great, became a mighty Prince, Religion and the Churck received greater Advantages, than it had ever found before or fince. But to fliew the Fallacy of this Argu- ment, let it only be confidcred, that when Men judge of Adions by Events, they L 2 lliew 1/1.8 Of Supreme civil Towers^ fhcw thcmfclves too willing to be impofed upon by Profpcrity, and unwarily become Advocates for great and glorious Villany, Titles which it could not have had, had it been unprofpcrous. We can never fafely judge of lawful or unlawful, from the £- vent, till the laft Event be tried; and the Argument from the Event of things, will never be fufficiently clear, till it is deter- mined at the Day of Judgment. Bcfides, there is no Difficulty in accounting, in a natural Way, for the profperous State of the Church upon that Charge, ^epin and Zachary, affifted each other, and divided the Spoil. And Tepin and his Son Charles, having no other Claim to the Crown, than what they laid hold on from the Opinion the World then had of the Bifhop oiRome i it very much concerned Charles^ to advance the Papacy, that the Papacy might the more cfFedually fupport him. As for the Pretenfions of the Presbytery to this exorbitant Power i thefe Men have not yet proved, that they have received _ from Chrift any Power at all, to govern in his Church 5 much Icfs in Virtue of fuch Power that they have a Superiority over Kings. Thefe Gentlemen are therefore l^fs concerned in this Qiieftion, becaufc they fecm wholly incapable of making Claim. Por they have not only none of that And their Laws in Special. 1 4.9 that Power which can pretend to Govern- mcntj but it does not yet appear, that they have any Power at all 5 nor will it ever ap- pear, till they have proved Epilcopal Pow- er and Government unneccQary, which be- ing one of the Words, stnd Works of Chrift, mufl: needs be as firm and laflingas Heaven and Earth. The Reafons therefore upon which a Su- periority in Matters Ecclefiaftical, is af- fcrted to the civil Powers, arc thefc. i. If the civil Powers were not Supreme in thofe Matters, Kings would be but half Kings at belt j for the Affairs of Religion, are at leaft one half of the Intercft of Man- kind. And therefore the Laws of the twelve Tables, provided as well for Reli- gion, as for the Publick Intercft. 2. The Care of Religion muft belong to the civil Magiftrate, becaufe Religion is the great Means and Inftrument of Political Happi- nefs i which, unlefs he have Power to con- dud and manage, , he has not wherewith fufficiently to defend what is committed to his Care. 3. Without this Supremacy, the Magiftrate cannot in many Cafes go- vern his People. For befides that. Religi- on istheftrongeft Band of Laws, and Con- fcieuce, is the Princes greateft Security againft Treafons : It is alfo that by which the People may be led to any great, good, L 3 or OfSup'eme civil Towers^ or pernicious Defign. And therefore Lwy pbferves of Numa^ that in Order to eftablifh his Government, he firft fettled the Affairs of Religion, well knowing, that, nothing is more powerful to lead the Peo- ple gently, orto drive thernfurioufly, than to imprint on their Minds the Fear of God, and to awe them with the terrors of Re- ligion. A King therefore cannot fafely rule, unlefs he has the Supreme Manage- ment of it. He would otherwife be only the fhadow of a ICing, and might be made the Servant of his Priefts j who if they have Power to rule Religion, may foon find Means to make it fubfervient to any am- bitious traiterous Dcfigns againft him. And fuch Defigns as thefe, may be the niore eafily brouglu about, becaufefirft the Propofitions and Perrwafions of Religion, are diredly intended to influence the Lives and Actions of Men, and, in Fad, have a great Influence upon them. ^ Now, what are likely to be the FiFcds of thefe and the like Pcrfwafions, and which are really the religious Principles of Tome Men, that Do- minion in founded in Grace, that wicked Princes may be dcpofed^ that Sabjeds may be abfolved fi'om their Allegiance to fuch as are Heretical i thatKingsare but the Ex- ecutioners of the Decrees of the Presbytery -, f hat all things ought t^ be iii^ common, and the yl^id their Lavus in Special. i 5 i the like : I fay, what Mifchicfs may not eafily arifc from fuch Pcrfwafions as thcib ? What Government may not be overturned? And how can the Prince prefcrve either himfelf or his People, if he has not Power to Prohibit thefe or -the lii^e Dodlrincs? But, if the Prince had not the Power here contended for; then, fecondly, fince Re- ligion hath a great influence upon Perfons, as well as Adions, if a falfe Religion were H t on Foot, a Religion which proceeded not from God, and which only pretends to be de- rived from him J they who condud it, might lead on the People to moft defperate Defigns and Villanies. Examples of this kind are in- numerable 5 and few Men are fo wholly Stran- gers to Hiftory, as not to know, that wicked Minifters of a falfe Religion, have very often by that Means, got to themfelves Power fufHcient to do what they pleafe. It has therefore generally been the Care of wife Princes, Ancient and Modern, to prevent thefe Evils by Inch Remedies and Arts of Government, as were in their Hands. For this purpofe, three Remedies have been found out h two of them by Men, and the other by God. I. The Old Governments of the World, kept Themfelves and their Subjeds, to the Religion of their Country, that which ftruck in with their Government, and which they were furc would raife no Diilurbanccs, L 4 but 15^ Of Supreme civil Towers^ but of new and ftrange Religions, they were cxtreamly Jealous and Impatient. As the Supreme Power, by prohibiting the Intro- dudion of any fuch Religion, by their civil Laws, fecured the Intereft and Peace of the Community i fo it gave Demonftration alfo that the civil Power v/as Supreme in the Affairs of Religion. To prevent any Inno- vations in Religion, the Romans frequent* ly made fearch for Books of any flrangc Religion, and when they difcovered any, "wc are told by Livy and SuatoniuSy that they burnt them. Such Refolufions of Prohibiting new Re- ligions, is certainly very Prudent, Juft and Pious. Not that a Prince ought to Perfecute the Religion of any other Nation, or the private Perfwafion of any Man within his own 5 but only that he fufFcr no new Re- ligion to be fuperinduced upon the Religi- on of his Country, to the Hazard of the Publick Peace and Tranquillity. The Per- fwafions of Religion, are not to be treated Forcibly and Violently i but the Difturban- ces arifing from it, are to be reftrained by Laws. . 2. The other Method, invented by Men, to prevent the Mifchieyous Ufe, that might be made by defigning Men, of the Preten- ces of Religion, was, the annexing the Prieft-hood it fclf, to the Supreme Power. The And their 'Laws in Special. i 5 5 The zyEgyptians chofe their PricCls out of the Schools of Learning, and their Kings from the Colleges of their Priefts. It was a Law among the RomanSy Sacrorum om- nium Totejias, 6cc. that the Power of P^c- ligion, and all facred Things, was to be fubmmittcd to their Kings. And when they afterwards feparated the Prieft-hood from the civil Power, they appointed a Sa- crificing King notwithftanding, to infped and take Care of the Rites j but they would not fufFer him to meddle in civil Affairs : He could bear no Office in the Common- wealth, nor any Poft in the Army. Yetnot- withftanding all this Precaution, the Supreme Mzgiihztcw^sTontifex Maximus j and tho' he did not ordinarily concern himfelf in the Rites, yet it was he who made Laws concerning Religion, who punifhed the Angars and njeftal Virgins^ and was Supe- rior to the Rex Sacrorum^ and the whole College of Priefts. But when the Government became Mo- narchial, Augufltis annexed the great Pon- tificate to the imperial Dignity, and it defcended in that Manner, even to the firft Chriftian Emperors j who, becaufe it was an honorary Title, and implied nothing more than the Power of infpefting and or- dering Religion, did not refufe it. What I would infer from thefe Remarks is, that the I 54 Of Supreme civil 'Powers^ the annexing the Pri eft-hood to the Supreme Power, was an eifcdual Way, to obvi- ate any Dangei's that might arife from the Pretences of any new Religion i but then, this was more than was necefiary. For tho' it be very certain, that Religion in the Hands of the Supreme Power would never difturb the Publick 5 yet it is as certain, that the Publick Peace might be as well fecured if they intrufted the Miniftry of Religion in other Hands, referving to themfelves, nothing but the Management and Condud of it. 3. Now, this laft was God's Way, for he hath entrufted Kings with the Care of his Church, with the Cuftody of both Ta- bles of the Law, with the Proredion and Defence of all their Subjeds. The Chi^rge committed to them, is to preierve their People in all Godlinefs and Honefty, in Peace and Tranquillity. But how this can poilibiy be done, where the Care of Re- ligion is not properly his, is paft my Un- derftanding. Now, that this Care is com- , mitted to Kings, or to the Supreme Pow- er of every Nation, is plain from their be- ing the Vicegerents of Chrift,. who is the Head of the Churchy and Heir of all things ky whom Kings, reign. If our Lord, as Su- ' preme King, does rule his Church, and in this Kingdom gf his^ hath coaftituted the Kings. j4nd their Laws in Special. 155 Kings of the Earth his Vicars, then they are immediately under him in the Govern- ment of liis Church. Now, it being cer- tain, that he is the Fountain of all Kingly Pov/cr, fince the Government is upon his Shoulders^ and by him 'Kings reign ; it is alfo certain, that this Power is delegated to the Kings of the Earth. But it is as certain that none of this Kingly Power, was given to the Miniilers of Religion ; but that oa the contrary, it was exprefly denied to them. The Kings of the Earth exercife "Dominiony that is their Province ^ but it fjallnot be fo with yoii i hut he who is great among yoity let hi7n be your Minifter, This is yourBu- fineis, which you are to perform by Serving, by Humility, by Charity, by a guiklefs Behaviour, and the mildeft Exhortations. There feems therefore to be the lefs ne- ceflity of obferving from the Writings of the Old Teftament, that 2)^:^^^/^ ordered the Courfes of the Levites, that Solomon thruft Abiathar from the,High-Prieft-hood, that JehUy that Hezekiah, that Jojtah reform- ed Religion, deftroyed Idols, burnt the Groves, fet afide the Worfhip of 5W, and reftored the Worfhip of the God o^ IfraeL This Argument indeed, would be the more forcible, becaufe thefe Things were done at a Time when God indulged his Priefts in more fecular Greatne fs, and external Advantages, 156 Of Supreme civil Towers^ Advantages, than he has done ever fmce, and becaufe Jefm Chrift made no Altera- tions in the Kingdoms of the Earth, but left them as he found them, with regard to their Powers of Government. Befides, it is certain, that many of the ancient Writers of the Church, have ex- prefly contended for this Dodrine, that Chrift hath committed to Chriftian Princes the Government of his Church 5 and thofe which I fhall mention, ground the Argu- ment upon this Principle, tliat Chrift fhall call Princes to Account for the Souls of .Sent. Men. IJidore HifpalenJiSj thus expreftes' ^'•^* Himfelf: Let the Trinces of the Worldy knowy that they are to give God an Account for the Church they have received from Chrift y into their Vrote^ion, For whether the "Teace and T^ifcipli-ae of the Church be by faithful princes encreafed, or whether it be dtjfolved i he who hath entrufted his Church to their Tower ^ will exaUl an Ac- count of it from them. And in like Man- ner, Pope Leo obferved to Leox\v^ Empe- rour. Toil are diligently to remember that the Supreme Tower is committed to yoUy not only for the Government of the Worlds but principally for the Safety and "Defence of the Church. But let us defcend to a diftind Confi- dcration of the particular Charges and Offi- ces- ^r.i their Laws in Special. i^n ces of Kings, in Relation to the Church, which will not only occafionally verify the Rule, but will fcrve to clear up many Cafes of Confcience relating to Regal and Eccle- fiaftical Powers : This will be done in the following Rules, which are properly but Appendixes to this. R u I. E V. Kings have a hegijlative Tov)er in the Ajfairs of Religion:, and the Church. This St. Aufiin exprefly affirms, when hc^ fays, that Kings ferve God according to his crefcon Commands^ if in their refpeEiive Kingdoms^^^^^"^*^^* they commandgoodThings, and prohibit evil Things, not only in relation to human Society ^ kit in Order to Religion, There is no doubt to be made but that they have at leaft Power to permit the free exercife of Religion, to re- prove the Obftacles which lie in its Way, or to promote it by proper and publick Encouragements ; and it was never quefti- oned, whether Chriftian Princes had not fufficient Authority to fhut up the Heathen Temples. But they have certainly a far- ther Power than this, fmce they may by Punifhments, oblige their Subjeds to fear God, and keep his Command ments i and this Power reaches not only to fuch Duties as are 158 Of Supreme civil Towers^ are of immediate Confequence to the In- tercft of the Publick, but to fuch likewife as are purely Religious. Such are the Laws againft Swearing, Blafphemy, Drunkennefs, Fornication, and the like, in which the Interefts of Mens Souls are concerned, but not the Welfare of the Common-wealth. Nor is it any Encroachment upon the Pow- er of Chrift, nor any ways unferviceable to his Laws, that they are enforced likewife by human Sandlions ,• fmce with Proffli- gate Men, for whom the feverity of thofe Laws was intended, the Fear of Men is ge- nerally more forcible than the Fear of God. But farther i thofe things relating to the Church, concerning which God harh no where declared his Will, are certainly un- der the Supreme Power of Chriftian Prin- ces. And for this, there needs no other Proof than the very Laws made by them, which the Bifhops and Priefts them- felves profcffed they ought to obey. This may appear from the Examples of divers Popes, who in their Epiftles, commanded their Clergy to obferve thofe Laws, which themfelves had received from the Imperial Edids. And were it neceffary, it might cafily be fheWn, tjiat even in the Canon Law, which the fucceeding and more mo- dern Popes fo much infift on, as a Proof of j4nd their Laws in Sj}eciaL 159 of their independent Power in Church Af- fairs. There are very many Laws, which were originally made by the Emperors only, how artfully fgever they have been fince afcribed to the Bifhops of Rome. And Pope Honorius, when he fays, IniperatovQX'Eyit. Juftinianus decrevit, ut Caiiones ^atntm,^^^^'^^^^ &c. That the Canons of the Fathers^ ^^- ^'^''■•"^• came a Law in the Church, by the 'Decree of the Emperor Jtiftinian ; fcems fully to ' acknowledge, that the Popes, as Ecclefia- fticks, had no Power to make Laws in Ec- clefiaftical Affairs, which belonged only to the Emperor. They who defire to be fatisfied whether the Emperors, or Chridian Princes origi- nally, had the Power of making Laws in Church Affairs, may confult the civil Law, particularly the firft Book of the Code, th e Laws of the Goths and Vandals, and in- deed of all the Chriftian Princes in the World. But the firft Titles of the Code, de Summa Trinttate et fide Catholica, de SacrofanEits Ecclefiis, de Eptfcopis et Cle- ricis, 6cc. With many others, are Teftimo- nies beyond Exception. To thefe Proofsub. ii. I fhall only add the excellent Words ofC^i^'^i- Cardinal Cufanus. No Man ought to fay, ^f^^^ ' that the moft Sacred Emperors, who for the good of the Repuhlkk, made many Con ft it u- tions relating to the Ele£lion of Bifhops, Collation l6o Of Supreme civil Towers J Collation of Benefices &c. did err. Nay* we have read, that the Tope of Komc hath de fired them to publijh Laws for divine fForfhip, and againft the Wicked amongthe Clergy. But if it foould be faid that thofe Corftitutions of theirs^ derived their whole Force from the Approbation of the Apofto- lical or Synodic al Authority 1 ^ all only fay thisy that I have read and colleiied Four- fcore and Six Chapters ofEcclefiafticalRules of the ancient Emperors^ with fever al others of Charles the Great, and his Succeffors, in which many Conftitutions are to be found concerning the Tope of Rome and all Ta- triarchs, and the Confervation of Bijhops and others ^ and yet I never found, that any Tope was asked to approve of thofe Laws, or if his Approbation was got , that the Laws derived their Obligation from that : But it is read, that fome Topes of Rome have owned, that they had an high Veneration for thofe Imperial Laws. And in Fad, this is fo commonly known, that in the Council of Trent, the French' AmbafTadors openly faid, that by the Ex- amples of Conftantine, Theodofius, Valen- tiniany Juftinian, and other Chriftian Em- perors, their Kings made many Laws re- lating to Holy Things i and that the Bi- fliops of Rome were not only diipleafed at thcni And their Laws in Special. 1 6 1 them, but infertcd many ofthem into their Canons. Rule VI. The Supreme eivil To'yver, hath a Tower of Coercion over every Terforiy in the whole Order EcclefidjHcaL He who fays that all Men muft be Sub-* jeft, need not mention Particulars, and fay that Eiihops and Priefts are exempt from Subjection. However, in Oppofition to the Pretences offome againfl: the civil Sub- jedion of Ecclefiafticks, fjverai of the Fa- thers have thought fit to affert, that even they muft be Subjed to the civil Power. So St. Chryfoflome, explaining the Words of St.Homil. Taiil, fays, But Vz\x\ gives us fiich Reafons ^^:^^^ as command us in Toint of "Duty to obey Rom. the Towers i jewing thatthofe things are laid upon ally not only up on Secular Sy but e- ven upon Triefts and Monks ^ which he -proves in the very Beginning^where he faiths let every Soul be the Suhje^ to the higher Towers 5 even thd thou art an Apoftle, and Evangeltji or a Tropheti "Tliiat he here means the civil Powers, is evident from the whole Homily, as well as from the Words here tranfcribed. This Place is like wife fo underftood by St Jren^Hs, Lib. i . Vol. \\. M Cap, in ac Of Supreme civil Towers^ Cap. 24. by St, Bafily in Conftit. monafi. Cap, 22. by St.Ambrofe^ upon this Place i and by St. Aujiiriy Lib. de Catech, rud. Cap, 21. The moft plaufible Reafons, which arc commonly urged for the contrary Opini- on, arifing from a falfe Confequcnce drawn from a juft Eftimate of Religion ^ it may not be amifs occafionally to confider them under the following Qucftions j for it docs not follow, that becaufe Religion is of more importance than Politicks, therefore the Minifters of it are Superior, or not Subjed to Princes. I. In what Senfe the Service of God is to be preferred before any thing elfe ? It may be anfwcrcd, i. That if the Ser- vice of God be taken in a Senfe oppofitc to that which is not the Service of God ; no Doubt, it ought then to be preferred to every fuch thing i for the Point here would be no more than this ; v/hether we ought or ought not to ferve him. But 2. If by the Service of God, be meant the Ex- crcife of Religion in external Aftions, as faying our Prayers, vifiting Churches, Fad- ing and the like 5 then it is very certain, that we are to give Religion, the Preference to very many things, tho' not to all 5 not to many Adions in ordinary Life, or re- lating to civil Socictjj. To obferve an Holy-Day, And their haws in Seeded. Holy-Day, is a part of God's Service 5 but the obfcrVing it is not preferable to our bodily Labou'r ia our Calling, if that La- bour be neceflary to procure Suftenance for our Family. Contemplation is a moft ufcful part of God's Service 5 but Works of Charity are ftill more ufeful. It is one thing to enquire what is ia it felf more ex- cellent, and another thing, to know which vvc are to chufe. Extafies, and Raptures, and Converfation with bleffcd Spirits, are certainly Aftions and Paffions in themfelvcs of greater Excellence, than to drefs the Sores of die Sick ia Hofpitals ; and yet he who does this, fervcs his God, and really does Good 5 whilft he who attempts the others, may fall into the fnares of the Devil. That which is bed in it fclf, may not be beft for me 5 it is indeed beft for Beings, ia the beft ftatc, but not for thofe Beings who arc yet confined to a ftate of Imperfcdion. But 3. If it be demanded, whether is pre- ferable Prayers or Government, a Pulpit or Court of Judicature; we may fay, they are both beft in their refpedivc Seaibns. The Pulpit has its fway on Sundays ; Courts of Judicature, all the Week after. The Pulpit direds the Court, and the Court gives Laws to the Pulpit. There is how- ever this difference between them 5 that if the Pulpit fays amifs, we are not obliged M 2 by 164- Of Supreme civil Vovuers., by it : But if the Court miftakes in itsju(jg- nient, we may complain, but we muft fubmit. But to enquire wiiicli is prefera- ble, or which bcft defer ves our attention, when they are both calculated for the Ser- vice of God, is to embarrafs our felvcs to no Purpofe, fmce neither Reafon, nor Re- velation can give us the Refolution of this Point. 2. Whether are to be preferred. Spirt- tual or Temporal Terfons ? This Queftion will be beft refolved by confidering what is properly the Honour of Spiritual Perfons. Socrates complains, that the Bifhops q^ Rome d^nd j^/exa??dria, were fallen into Empire or dominion. That is not the kind of Preference proper to a Spiritual Perfon : He is then properly ho- noured when his Perfon is reverenced and cfteemed, when his Counfel is asked, when his Example is followed, when he is fup- portcd and defended by Princes and Laws, when he is preferved from Beggary and Contempt,when he is enabled to do his Duty, and* exert his Ecclefiaftical Power, and when his Perfon has fuch advantages, which as a Man he needs, and which adorn him as fuch a Man. Farther than this, he has a claim to no Honour, but fuch as the civil Power gives him, and which, the lefs he asks, he will receive in more Abundance. (JurLord indeed And their Laipjs in Special, indeed gave his Apoftles Power in an high Degree y but the greareft Honour he gave them, was; to fuifcr for his Name: But when Kings become the nurfing Fathers, and Queens the nurfing Mothers of the Church, then Spiritual Perfons, had Honours of another Kind, profufely heaped upon them. But flill thefe were not the proper Honours of thofc' Spiritual Perfons, but were derived upon them by the civil Power for the better and more advantageoufly promoting the Caufe of Religion, to which, whilft in the Hands of modeft and pious Men, they would certainly be duly applied. • Spiritual Perfons therefore are to be prefer- red to Temporal in Spiritual Honours only; and not in any Temporal Regards. They have no Claim to thofe in Virtue of their Order, or their Office 5 and thofe which they have received from the Favour of Princes, are of another Confvderation. 3 . Whether the Eminency of the Spiritual Calling, and the confequent Trelation of Spiritual Terfons, may exempt them from Secular Coerciony and make them Superior to Princes ? In what Senfe Bifhops have any Superi- ority over Princes, 1 fhall explain afterwards ;. for the Queftion here, is concerning. Se- cular Authority, or the Immunity from the temporal Power of Princes. What has M 3 been 1 66 OfSup'eme civil Towers^ been faid feveral Times before, may fervo for an Anfwcr to this. Thp Spiritual Or- der gives no temporal Power at all ; if therc- f6re the temporal Power be lodged wholly in the temporal Magiflrate, all Men, with- put Diftindipn, who can deferve to feel his Sword, are Subjeft to it. Every good Quality, every Commiflion, every worthy Employment, has a peculiar End and Dc- fign of its own; and therefore itcan-nevet be inferred, that becaufe Ecclefiafticks are made Minifters, to bring about an End thp btft and moil pcrfedive of Mankind, they have therefore a Claim to other Miniftra- jions, which are appointed for very diffe- rent Ends. When Origin complained of the Pride and Vanity of fome Ecclefiafticzks in his Time, no doubt they were bad enough ^ but their Pride had not yet carried them, in Confcquencc of their fpiritual 'Prelation, to aflumc .a temporal Power over Kings. And St. Gregory Naz,ianzen wifhed that there were in the Church, na Precedence in Epifcopd Sfes, no Eminence pf one Tlace above another^ nor any Tom- fous Trovifions and Solemnities, that we might be d(/iinguifhed only by our Virtue. Now, if Preference by Order and Ecclefi- aftical OEconomy was fo Pernicious, fo little neccllary, and fo very inconvenient, |hat the good Bilhop wifhed there were And their Laws in Sjfectal. ^o fiich thing 5 there is much Reafon to *^elicve, that he would have infinitely con- demned all Claims to a Power over the civil Govcrnour. But the Bifhopsof i?^;;?^ had not in his Time, railed their Preten- fions to that Height : For the Power of HcadOiip, or Supremacy over the whole Ecclefiartical Order, was acknowledged in the Church for feveral Hundred Years after, as might abundantly be proved. 4. IVhich is to be Obeyed^ the Prince or the Bijhopy if they happen to command con- trary Things ? There had been no neceffity for this Qiie- ftion, but when it is fuppofcd that the civil or ecclefiaftical Powers invade each others Rights. Now, if the Bifhop encroaches upon the Rights of the civil Power, he is not to be obeyed, becaufe in thofc Things he hath nothing to do. But if the civil Power invades the Rights of the Bifhop, they arc either fuch Rights of his as are granted him by poffitive Laws, or human Conceflion 5 or they arc fuch as are his by divine Appointment. Thole Rights ot his which he receives from human Laws, may be refcinded by the fame Power which granted them. If therefore, a King makes a Law againft thofe Rights of the Church with which he had cndowcdit, and the Bifliop fhould protcft againfl: that Law i the King, M 4 and Of Supreme civil ^owers^ and not the Bifnop is to be obeyed. But where a Law is enaded a^ainil thofc Rishts which are the Biihop's by divine Appoint- ment 5 there the Bifhop's Command is to be obeyed, Cum conditione Cruets j that is, the Subjeft muft fubmit to the Princes An- ger, and fuffer for what he cannot do. According to that of St. Auflin, Impera- tores cum in Errore funt, dec, Mijiaken princes make ill Laws , but by thofe LawSy Good Men are Tried and Crowned, fornot doing what God had forbidden. This is infiriiteiy more raodeft than that Expreffion in the Roman Breviary, where it is faid of the Apoftres, They, have deferved eternal Rewards for defpifing the Commands of Princes. This Expreffion is too hard, for tiio' the wicked Laws of thofe Princes are not to be obeyed j yet it is not fafe to fay, in general? that their Laws are to be dci^- ^ifi^dv^ None fure-were ever lefs guilty of Contempt of Laws, than tbey, who be- caufe fhey could not obey tiiem, in Oppo- fition to the Will of God, yet obeyed them againft themfel ves> by fuffering Death at the Command of thofe Laws, when at their Command they would not Sin. , But farther; if the Ecclcfiailick Power in thofe Things, wherein it receives its Au- thority from God, gives any negative or prohibitive Precepts, thp mav, and they And their Laws in Special. 169 niuft be entirely obeyed. For herein, they do but Proclaim the divine Command, which if it be negative, it is altogether un- lawful to ad againft. But in pofitive in- ftances of Commandments, tho' enforced by divine Authority j if the King obliges to one thing, and the Bifhop to another, they are differently to be regarded accord- ing to the fevcral Cafes. And the Rule is this; that all outward Adions are under the diredion of the civil Power, in order to bring about the Ends of pubUck Govern- ment 5 which if they were not, the civil Power wxrc then incompetently provided for porcuring the End of its Inftitutionj and then it would follow, either that it was not appointed by God, diredly againft the Dodrine of St.Taul, or elie, that all the divine Conftitutions are not good, this before us being plainly defedive j which would refled highly upon the Honour of God. Now, fince external Adions are alio in Order to Religion internal, it hap- pens, that the Spiritual Power has accident- ally fome Power over them too. Here then, will be the Refult of the Enquiry; when an external Adion is requifue to the publick Service, and is likewifc demanded at the fame time by Religion: The polli- tive Commands of the Spiritual Superior, are to give Way to thofe of the civil Su- perior lyo Of Supreme civil Towers^ perior, for that which hath a dired Power is to be fubmittcd to, before that which hath only an indited Power. It is a divine Command, that we do wot for fake the Af- fembltng our felves together. In confe- quence of thi-s, the Guides of Souls may command their Flocks to alTemble at divine Service, and they are oblged to obey. But if at the fame time, the Prince commands thofe, or any of thole, who were to have met at divine Service, to Man the Walls, or defend the City, they arc at that Time, obliged to obey the Prince, rather than the Prieft. But this is to be underftood with this Provifion. The Supreme civil Power hath Dominion over outward Adions, fo as to determine them in Point of Time, Place, and other Circumdances. He may prohibit Fafts and Sermons, at fuch times as the Interefts of Government may require 5 but his Power does not extend to the prohibiting the things themfelvcs. And if out of an Hatred and Contempt of Re- ligion, he (hould make an Attempt of this Kindi the Ecclefiaftical Power then, is to prcfcribe, not only with regard to the thing itfclf, but even in the Circumftantials of it. As to the thing it felf, it is very plain 5 becaufe it is a divine Command, and no civil Power can oblige us to ^ifobey our God : j^nd their Laws in Sj^ecial. 171 God : And hence the Apoftles never fcru- pled the preaching Chrift, tho' they were forbidden to do it under fevere Penalties. And as for the Circumftances of it, they ^Ifo in this Cafe, fall under the Ecclefia- ftical Dominion. If the Prince would but allow the Thing, he might order the Cir- cumftantials of it s for then he does not ad againft God, but only ufes his Right a- bout external Aftions : But if he prohibits it, they who are to fee that God be obeyed', muft then appoint the Circumftances of thofe Adions, which cannot be at all, un- lefs in Time and Place. Therefore, in ConfcquenceoftheirPowerover the Thing, they may take Care of the Circumftances ofiti which not being forbidden by the Prince, but only the Thing it felf, which is commanded by God, and cannot be done without the Circumftances,- they who are thus obliged to take Care of the One, are likewife empowered to provide for the other. Thus, in the primitive Church, we find the Bifhops appointing Fafts, calling Synods, and the like ; they knew the Ob- ligation they were under, to fee that all fhould be done which was ncccilary for the Eftablifhmcnt of Chrift's Church, and the Salvation of its Members. It was abfo- lutely neceflary thofe things ftiould be done apd for doing them, they were ready to die ; for ijz ' Of Su!)veme civil lowers ^ for that pdjjive Obedience was all they owed to thofc Laws, which forbad them to adt in that Manner under Pain of Death 5 for it was highly neccflhry: thai thofe things flioiild be done, but it was not neceffary that they iliouid live. But when the Su- preme civil Power becomes Chriflian, and does not prohibit the Thing j there is no danger that God fnall be diibbeyed by the Princes, having the Management of the Circumftances of it 3 and therefore, there can be the lefs Reafon for difobeying the Prince, when he enjoyns nothing which God has forbidden, and when he rules in thofe Things, which are properly fubjeft to his Authority. Thus, if a King fhould command his Bifliops not to Ordain a Man of mean Birth, tho' they fhould defire to do it never fo paffionately, they are not to (\o it in Oppofition to his Commands ; but if he fhould make a Law for abolifhing Epifcopacy, or for prohibiting the Ordina- tion of Miniftcrs, according to the Laws of Jefus Chrift; the Queftion then would not be whether tlieClvilor the Ecclefiaftical Power, but whether Man or God were to be obeyed. In this Cafe, if Bifhops donot rake Care to perpetuate a Succeflion, they will be anfwerabic to God, for one of the moft fatal Negleds they can poffibly be guilty of. I fay this upon fuppofition, that Epifcopacy udnd their Laws in Special. i y 5 Epircopacy is necclTary to the Church, that Ordination of Pricfts by Bifhops, is of A- poftolic Inftitution, and that there is no Way of admitting Men into the Prieft-hood but by the fame Hands which began the S'ioLh>')(}] Succcllion, and has continued it down through Seventeen Ages of the Church. Having occafionally confidej^d thefe four Queftions under this Rule, I Ihall now bring back the Reader to the Senfe and Import -of it, by the Words of St. Gregory ^ who fays, that Chriji hath given all things to the Emperor y a dominion not only over the Soldiers, but over the Triejis themf elves. The great and wife Difpofer of all things, would never have, given into the Hands of his Servants, two fuch diftinfl: Powers, as muft naturally refill and difturh each other. Where they are really diftin^^, they are employed about different Objeds : But where they are employed about the fame Objed, as in the Cafe of external Adions and Perfons, the.one is, and ought to be fubjeft to the other. R TT L F. 1 ^ ^ Of Supreme civil Towers^ Rule VII. The Supreme civil Tower hath JurifdiBion in Caufes not only Ecclejlafticaly but in^ ternal and Spiritual. It is certain that the Pcrfons of Men> and their A^1:ions, fo far as tlicy are ex- ternal, arc direaiy under the Care and In- fp.edion of the civil Power: And fince their internal A^^ions may be made pub- lick, and have a confiderablc Influence upon the Perfons, the Fortunes, and Communi- ties of Men ; even thefe are fo far to be governed by thofe who governs Mens Lives and outward Aftions, that they may be of Service to Society, or at lead, that they be not prejudicial to it. Therefore, as the Supreme civil Power has, in feveral Ages of the Church, granted to Ecclefiafticks fome fhare in civil Govern- ment, fome Privileges in Ordine ad Spi- ritualidy to enable them by the Afliftance of the civil Power, to promote the Inte- refts of Religion J fo God hath invefted the Supreme civil Power with Authority over all publick Religion, In Ordine ad Bonum temporale. The Magiftrate did the other i but God did this. That was well, very well; but this is neceffaryj not fo the * other. And their Laws in Special. 1 75 other. Religion thrives as well in Storm and Perfecution, as in Siin-fhinc and Tran- quillity i and God had more Summer Friends under Conflantine, but perhaps as many- True ones under T>iocle/tan > or if he had not, it was owing not fo much to theNe- ccffities, as to the Weaknefs of Men. But it is not fo with the civil Interefts : This may be obftruded, and ruined by the in- tervening of new Dodrines and falfe Kinds of Worfhip. Befides, a Common- wealth if it be dcftroycd, hath no Recompencc in Eternity; and therefore God hath not called it happy when itisafHided, or bid it rejoycc when Men [peak Evil of T)ig' nitieSy nor hath he faid, that Great is its Reward in Heaven. But temporal Hap- pinefs being the main End of Government, tho' that Temporal Happinefs be by the Wifdom of God made Subfervient to that of the other World ; yet the Government expires wholly in this, and (hall never re- turn to exped a Recompencc for its Suf- ferings. But every' fmgle Man (hall return in this Expedation, and tho' a Prince may be robbed of his temporal Power, yet a Man cannot be robbed of his Religion. And therefore God hath vefted in Princes the Supreme Power of Managing Religion for the good of the Community, without which it had not had fufficient Power to preferve 176 Of Supreme civil Towers^ preferve it fclf i but hath not granted to Ecclefiafticks a Power over Princes in Mat- ters of Government, in Order to Spiritual Things. And that for thefe Reafons. i. Becaufe, tho' Spiritual Things might receive Advantage by fuch Power if they had it, yet it may do as much Harm as Good, as , it very often hath done, and may do again. 2. Becaufe God hath granted to Spiritual Perfons Spiritual Means, fufficient to an- fwer the Ends of that Grant. 3. Becaufe he hath likewife conflituted another OEco- iiomy for Religion, the Way of the Crofs, Humility, Self-denial, Contentment, Pray- ers and Tears, which arc fufficient to bring about God's Defign, and are infinitely the better way to do it. 4. Becaufe, if God had inveftcd Ecclefiafticks with temporal Power, in Order to a fpiritual End, he had then fet up two Supremes in the fame af- fairs, between which there could not pof- fibly be any Harmony or Confiftence, but by the Ceilion ©f one. There may, in Fad, infinite Inftances be produced, tofliew, that if Religion be go- verned by any Hand, over which the Ma- giftrate hath no coercive Power, it may come to pafs, that the civil Power fliall have no Hands at all, at beft, no Power of ading, but at theWill of another. The Ger- ' man Annals abound in inftances of the * Hofpita- And their Laws in Special. Hoftilities of the Popes againft their Lords the Emperors, when they had got the Con- duft and civil Government of reJigious Matters into their Hands. It is therefore very certain, that if the fuprcme civil Power be fufficient to preTcrve it felf, it may then provide againft any undue \J(q of the fpi- Jrituai Sword ; and confequently, may go- vern all Religion that may by wicked Men •be abus'd, fo as to keep it harmlcfs. If therefore, Ecclefiafticks may by novel Do- (Srines, eftrange the Hearts of Subjects from their Duties ; the civil Power may forbid fuch Dodrines to be preached. If the Ca- nons of the Church be calculated for Se- dition and Difturbance, . the civil Power may command them to be rcfcindcd, or may refufe to authorize them or pafs them into Laws. It may not be improper here to offer fomething upon thcfe two Points, '■jvhether the fupreme Civil "Power hath Authority to convene and dijfolve Ecclifiafiical Sy- nods? And whether it hath the Tower of external Judgment in Mattery of Faith ? As to the firft Point 5 it is certain, tha,C Micene Council was.fummoned by the the Emperor Conftantine, as is affirmed by Eufebitis,' RuffinuSy Sozomen, and Theodo- ret. The Council of Sardica was con- vened by .tlie Empcrprs Confans and Coji- VoJL.II. ' N Jfantius, lit 1 78 Of Supreme civil Toisoers] Jtantius, as was owned by the Fathers of that Synod themfelves, in their Letters to the (iyEgyptians and Africans, Theodojius convened the fecond general Council at Conftantinople, as Socrates, SozomeUy and Nicephorus teilify ; and the great Ephejine Council, .which was the Third Ocon- menical, was fummoncd by Theodojius^ junior. But not to enter into a long Detail of Particulars, what Cardinal Cufa- DeCon-nus acknowledges feems fufEcientj Scien- ^^^C.xvi.^^^ ^7? quod in univerfalibus oEio Conci- lis femper invenio Imperatores, ^ y.udi- ces fuos cum Senatu Trimatum habuijje. This implies more than the bare Power of calling them 5 for that they might do upon many Accounts : But the Emperors, v/ith their Judges and Council, always had the Primacy in the eight general Councils. But as the Emperors convened, fo like- wife they difmifled thofe ccclefiaftical Con- ventions ; as may appear from the Afts of the Ephejine Council ; wherein the Fathers petition the Emperor, that he would fufFer them to leave that Place, to come and wait upon him, or at leaft that he would difmifs them, and fend them home to their own Churches. As to the other Point, Whether the fu- preme Civil Tower hath a Tower of.ex- ternal Judgment in Matters of Faith ? The Rcafons jdnd their Laws in Special. Rcafons given above, fcctn to make this Power ncccffary to him. For fmce Propo- rtions of Religion, and theological Do- drines have lb great an Influence upon the Lives and Adions of Men, upon Peace and Juftice, upon Duty and Obedience,- it feems neccfTary, that the civil Governour (hould have Power to appoint what Dodrines are to be taught, the People, and what not. That Chriftian Princes have done, and may juftiy do thus, is plain from many IhftanceSi and for many important Reafons. •I would not be here underftood to mean, that whatever Article is allowed by Princes, is therefore to be afnamed a Part of true Religion 5 for that is more than we can fay of a Determination made by a Synod of Bifhops 5 but only, that they are to fee that trueDodrine be eftablidied. By what Means, and in what Manner the civil Power is to do this, I (hall obfervc in the next Rule. The Qiieftion here relates to the Power, not to the Manner of exercifing it : And the true Anfwer is, that- it is. part of their Right to Judge for themfelves, and their People 5 that tho' a Prince may be deceived in an Article of Religion, yet his Deter- mination hath an Authority, when a bet- ter Propofition fhall want it; and that Er- ror muft fcrve the End of Pcace^ till by the Dodrines of wifcr Ecclefiaflicks the N 3 Prince I So Of Supreme civil Towers^ Prince being more fully informed, can fcrv^ it better by Truth. RuleVIII. The fupreme Civil Tower is to govern in Caufes ecclejtaflicaly by the Means and Meafures ofChrift's Appointment i that is, by the Affiftance and Minijiration of Ecclefiajlical Terfons. Cujus eft loquiy ejus eft interpret art: He who fpeaks, bed knows his own Meaning; and the Lawgiver is plainly his own bcft Inteprcter. But in Cafes of Doubt, the civil Power fpeaks by thofe, whofe Pro- fcffion it is to underftand the Laws. And thus it is in Matters of Religion. In doubt- ful and diiBcult Cafes, the civil Power is to call in the Afliftance of the Ecplefiafticks, from whofe Mouth the People are to re- quire the Law i and whofe Lips are, by their Office and Defignation, to preferve Knowledge : And when the fupreme Pow- er has thus called in the Aid and Office of the Ecclcfiaftick, it commonly gives its own Sanftion to their Afts, enforces their Decifions, punifhes the Obftinate, extermi- nates and fuppreffes hseretical Doftrines. Thus Conjlantine, after the Decifions, and » Sentence And their Laws in Special. 1 8 1 Sentence of the Nicene Fathers, banifhed Arius, And all the pioUs and orthodox Emperors conftantly came into this Way of proceeding againft all pernicious and hae- ritical Doftrines. But that this Manuer of governing in thefe Cafes, was not prejudicial to their Rights as Emperors 5 is plain, becaufe here- in theyufcd their own Liberty from which it follows, that they ufcd nothing but their own Right. For ibmetimcs they would tolerate different %tQi^, fometimes they would not. I obferve this in Oppofition to the bold Pretenfions of the Church of RomCy and of the Presbytery, who ima-f gine Princes are under an Obligation to ratify and execute their Decrees, and con- fider them as the Minifters and Executors of their Sentences. Were this true, then Princes were to confirm all the Decrees of the Clergy without Exception ^ and then the Prince would in one Senfe be lefs than the loweft of the People, in that he would not have fo much' as a Judgment of Dif- cretion. But if he be not obliged to con- firm all their Decrees, it is prcfumcd he may chufe which he will, or will ^^lot rati- fy : and then the fupream Judgment, the Jafl Rcfource will be to him ftill. And it is fo far from being true, that Princes arc only the Minifters of Ecckfiaftical Deci- N 3 fions, J 8 ^ Of Supreme civil Towers^ ' &G. fions, that we find Theodofius rcfufing ; refufing to confirm the Ads of the great Ephejine Council. For haying been in- formed (tho' very falfly) that Affairs were ill managed, he commanded the Bifhop^ to refiime the Quefiioh relating to the Nejlorians I for he had nullified Itheir Ads of Condemnation againft them, obliged them to confidcr the Point again, and for- bad their Return to their Bifhopricks 'till they had done it. When therefore we fay that Princes are to rule their Church.es by the Con fen t and Advice of their Bifhops 5 it is only meant, that it is highly proper that they fliould thus rule them. But fmce in any Law, which does not interfere with fome Law of God, the Prince's Authority ought ne- ver to be difputed ; and fince Ecclefia- fticks are by God's Appointment made the ordinary Preachers and Expofitors of his Laws 5 it is very requifite that Princes ihould hear Bilhops, but it is neceHary that Bifhops piould obey Princes. CHAP. In Canons and Cenfures, 185 C H A P. IV. Of the Tower of the Church in Ca^ nons and Cenjures with their Obli- gations and Towers over the Confci^ cnce. Rule I. TAe To'dver which Chrift hath left in Ordi- nary to his Church, is altogether Sp- ritual. Since it is every where evident, that very , excellent Things were fpoken by the fathers of the primitive Church in behalf of the ecclcfiafticai or fpiritual Power, and that fometimcs they have advanced it above the Seculars we fhall here give you the fumm of their Sentiments upon this Point in the Words of St. Chryfoftom, who as he was an admirable Writer and a BiQiop him- felf, may be fuppofcd to undcrftand what were really the Powers of his own Order. Others are the Limits of the Kingdom^^^'^^^yu others of the Trie ft hood h for this isgreater^^ ^^^^ than that, andyoumuftnot for my our lvalue of it by the Turple, and the Gold. The King is entrujied with the Adminijiration N4 of aiae. 184 Of the Tower of the Churchy of the A fairs of this World \ but the Right ofTriephood defcendeth from above : What- foever ye poall bind on Earth Jhail be bound in Heaven. To the King is committed what is here below 5 to me, that is, to the Bijhop, is coynmitted the Care of heavenly Things. The Bodies of Men are the Care of princes; but their Souls are committed to the Care ofBijhops, The King remits the Guilt of Bodies, but the £ifboj>s the Guilt of Sin, The Trince compells, but the Bifwps ex- horts. He governs by Necefjlty ; but we by Exhortation. His are fenfible -^ but ours are fpiritual Weapons. He maketh War ^- gaififi Barbarians, but we againfi Devils^ Here then is a great er Principality : For this Reafon, the King fubmits himfelf to the Hands of the Triefis 5 and every where in the OldTeftament the Triefisdid anoint iCings. Now, not to obfcrve upon an Exception, that may be made to thefe laft Words, fince fometimes the Kings of Ifrael and Judah, were anointed by Prophets who Were not Priefts, as in the Care of Jehu\ ^ it is certain, that the other Remarics are very true, and that the fpiritual Power, as it relates to a nobler Defign, is, in that View, better than the Temporal. But the Refult of thefe Remarks is, that Kings are fubjcdt to BifhopS;, juft the Kings oi Ifrael wcte In Canons and Cenjures. I ^ were to thofc who anointed them, that is, they came under their Hands for Unftion, Confecration, Blefling, Advice, and the Rites of Sacrifice. This is all that was, or could be meant by St. Chryfoftom^ or thofe other (hining Lights of the firft Ages of the Church, when they mentioned their Order in fuch Magnificent Terms. The Advantages, the Excellencies, the Operati- ons, and the Effedsofit arc fpiritualj and fo likcwife the Office it felf, and the Pow- ers annexed to it are wholly fpiritual. But becaufe the Perfons of the Men in whom this fpiritual Power is lodged, are tempo- ral as well as Princes, and becaufe all their civil Adtions are likcwife temporal ; there- fore whatever Eminence there beintheir fpi- ritualEmploymcnt,it gives them no temporal Advantage, which they always receive from another Qiiarter. For when any Thing temporal is annexed to a Power purely fpi- ritual, it does not at all add to, or heighten the fpiritual Power ; but implies, that the fpiritual Perfon is fubjeft to a temporal Power, from whom it receives temporal Advantages. Were it not thus, there would never be Peace i and where the Jurifdidi- on of two Courts do interfere, there mud be perpetual Wranglings. But God having conftituted two Powers, hath made them in ^ifFerent Senfes, fubordinate to each other, but iS6 Of the Towers of the Church, but becaufe they arc wholly different and diftind, they both go on together in Peace, and both obey with Pleafure. How the Ecclefiaftick State, is fubjed to the civil, I have already confidercd. I am now to point out the proper Powers, and Eminencies of the Spiritual States and we fhall get the beft Light into thefe Things by endeavouring to underftand the Nature and Quality of this Power. j^s my Father y fays our Lord tohisApo- files, hath fent me^ even fo fend I you. 2>Jow, it is evident, how the Father was plcafed to fend his Son y with Humility and Miracles i with a low Fortune, but a great Defign j with the fulnefs of the Spirit, and excellency of Wifdom. Thus it was he fcnt him : The End of his fending him, was, the redemption of Man, the vanifhing the Devil, the preaching the Gofpel, the foundation of the Church, the baptizing of Converts, and the reformation of Manners, Now, fince his Apoftles and their Succef- ibrs, were to purfue only the fame Ends, and in Order to this, were furnifhed, but with the fame Powers, the Sum of all th^ Commiilions they had from Chrift wasonly this; to teach all Nations^ and Baptize them, to bind and lofe, to adminiiter his facred Body and Blood, to exhort and re- prove, to comfort and to cure, and to * make In Canons and Cenfures. 187 ^lake Spiritual Seperations of the Wicked from the Good. This Power and thefc Commiffions, were altogether Minifterial, and never im- plied Jurifdi6iion properly fo called, or Compulfionj it being wholly againft the Defign of Religion, to advance it felf by Force. Hence it is, that it was made re- quifite in a Bifliop, that he be no ftriker. He had no Arms given him to that Pur- pofe ; the Ecclcfiaftical State, having only an Authority to Terfwade and Rebuke , but noTovjerto O bilge and Command':, asthefe Words are ufed in the fenfe of Secular Do- minion. It is certain therefore, that the Ecclcfiaftical State hath no Claim, to a Power of Jurifdiciion, in the ordinary Senfe of the Word, as it implies a Rigiit of infliding Corporal Punifhmcnt, or of obliging Men to anfwer in Criminal Cau- fes : It has properly no Power of the Sword, and can lay no Reftraint upon the Body. But having the Care of Souls committed to it, which cannot be governed by Force ^ it is to govern them in the proper Way of governing Minds, by Reafon and Argu- ments, by Hopes and Fears, by Profpefts of Rewards or Punifliments, and by all the Methods of the nobleft Government, that is, by the Wifdom, and by the Ways of Cod. Now, 1 8S Of the Tower of the Churchy Now, to urge, in Oppofition to wbat has hitherto been faid,^ any Precedents of Government under the Old Teftament, will be nothing to the Purpofe, For tho* he \"^-g^ who obeyed not the Word of the High- Prieft, was to die the 'Death ^ this did not arife from his Prieftly Power only, but from a proper, a formal Jurifdiaion given him by God. The Jewiflj Excommunications, ^.verc Afts of Power, and a mixed Empire j their Preachings had fomething of the Force of Decrees ; but our's can neyer rife above the Charafter of Argument and Exhor- tation. The Apoftles indeed, feem to have done fome Actions of Jurifdidlion ,• but it was of a ]urifdi6tion only delegated to them for a Time, and to a particular Purpofe. Thus St. 7eter pronounced Sentence of Death againftyf;?^w/i^i'and Sapphira-:, ^nd St, *Paui ftruck with Blindnefs Efymas the Sorcerer. That both thefe Aftions were extraordi- nary, appears from the Manner of Anni- jnadvcrfion, which were by Miracle, and immediate divine Judgment. It was very requifite, that in fuch Cafes, fome Exam- ples fhould be made, to produce the Fear of God, and give fuch a Reverence to Re- ligion, that the Meannefs and Poverty of its Miniftcrs, might not expofe the Inftitu- tion of it felf to Conteiiipt. And becaufc * Religion In Canons andCenfures. 1 89 Religion was deftitute of all Secular Coer- cion, and the civil Power armed it felf> not for it, but againft it ; God therefore took the Matter into his own Hand, and by Judgments from Heaven, verified the Preachings Apoftolical. After all, there feems to be fomething very like Jurifdiftion in fome ordinary Ads of Spiritual Government $ as in excrcifing the Power of the Keys. But the Ufe df the Keys, differs from Jurifdidion, pro- perly fo called in this great Point j that if Keys be rightly ufcd, they bind or lofc fe- fpcdively j but if they err, they affed not the Subjed at all, they neither bind nor lofe. Now, it is other wife in proper Ju- • rifdidion j for if a Man be Condemned, he fliall die, right or wrong ; and if he dies he dies. But the Church gives nothing but the Sentence of God. If the Prieft judges, and denounces rightly, and accord- ing to the Will and Laws of God ; the Sub- -Jed fliall find that Sentence ratified in Hea- -^•en, by the real Events of the other World, which the Pticft pronounced here upon •Earth. But if the Prieft be deceived, and --Judges amifs, he is deceived for himfelf only 5 he does not in the leaft affed the ftatc of the Man s Soul, either by his Abfolu- tion or his Denunciation, Indeed;, I JO Of th^ Towers of the Churchy Indeed, the Power of the Keys, is by a Metaphor, changed into a Sword, and St. 'Paufs wiih, / would they were even cut off that trouble you, feems to juftify the Figure; for by Excommunications, wicked Pcrfons are cut off from the Congregation of the Lord. And it is very true, that the Ecclefiaftical Authority is a Power Jurif- diction, in the fame Senfe, that Excom- munication is a Sword. But how little there is of proper Jurifdidion, or external Coercion in Excommunication, may be de- monftratcd by too good an Argument. For fuppofe a Man keeps a Concubine, and knowing that he Sins, but refolving not to quit his Sin, abftahis from the Commu- nion, and the Publick Service of the Churh. If the Eiihop admoniflies hirn to leave the Partner of his Crime j how if he will not? By what Power of its own, can the Eccle- fiaftical State, force him to it? If you threa- ten to drive him from the Communion 5 he hath prevented you 5 he never comes at it : If from Prayers, you do him a kind- nefs i for he loves them not : If from Ser- mons; then he will enjoy his Vice with- out Reproof Threats therefore of this kind, have their E^ffeft only upon fuch as are willing to be good, in the Way of the Church. They compel fuch only as are willing to be compolled, which is as much as In Canons and Cenfures. 1 5 1 ^s to fay, they compel not at all 5 and there- fore they are improperly confidered as Ads of proper Jurifdidion. . The Defign of this Difcourfc, was not to lefTen the Power and Authority of the Church, but only to unfold the Nature of it : For it is in Church Government, as it was in the Jewi^, before it became Kingly. God was then their King ; fo in the Churh : Chrift our Head, refcrvcs to himfelf the Spiritual Regality and Jurifdidion, and only entrufts us with the Miniftration of it, according to his own Laws. Now, when we do adminifter it in this Manner, the Criminal indeed cannot be fmitten by us, but he fhail be fmitten by God. R u L E II. The Church hath Tower to appoint Laws, and to give Commands obliging the Con- fcience, that is, tying the Subjects to O- Jbediencey under the Penalty of commit^ ting SiUy or of incnrring God's T>if- pleafure. By the Church, I here undcrftanJl the Church Catholick, or the proper •Goverr nours of all the Chriftian Affemblics in the World. But {\ncz the whole Catholick Church, or in other Words, all the Co- Ycrnours 1 5 ^ Of the Tower of the Chwch^ vernour^ of it, (for, when we fpeak of the Church as it makes Laws, we mufl: mean the Governing Part of it) did never meet together fmce the Days of the Apo- ftlesj it is neceffary, for the reducing this Rule to Praftice, that the Legiflation, or Power of Commanding, be placed in fomc more particular Subjedi and therefore I {hall inftance in the lead. By the Church, therefore, I here underftand every particu- lar Church joined to the Head of Union 5 and by the particular Church, is hear meant the Angel of that Church, the Bifhop : Ac- cording to thofe words St. Cypr, Scire debes Epfcofum in Ecckjia ejfe^ &c. Teu ought to know that the Bifhop is in the Churchy and the Church in the Bifljop, And St. Chryfoftome in explaining thofe Words of Chrift, tell it unto the Church, fays^ that they mean tell it to the Bifhop of the Churchy who is to prcfcribc Difcipline to the Con- gregation. Now, all Power of Commanding and Prcfcribing Ecclefiaftical Laws, or Laws of Religion, is vcfted wholly in the Paftors and Bifliops, in the Supreme Order of Ec- clefiafticks. If there be two Orders of di- vine Appointment, . one mufl: certainly be Superior to the other. And, that Bifhops were an Order Supreme to Presbyters, and » confe- ^ In Canons and Cenfures. 195 confcqueatly had the Power of Governing, is very certain j bccaufc Presbyters might at any time be accufed before their Bifliops, and be rebuked by them. And this may be pi-ovcd from the Cafe of Timothy and Titus, to whom St. ^aul prefcribed Mea- fures for taking Cognizance of Caufcs brought before them. The Bifhop then, being Superior to Presbyters, and our Re- ligion having Conftituted none above him, it is neceflary that this Spiritual Lcgiflative, be lodged in him. Thofc Men, who, by the appointment of our Lord to his Apo- ftles, were authorized to govern the Church, are properly the Heads of Chriftian Socie- ties j and every fuch Society is, in Fad, a diftinft Government. And tho' Parifhes and Dioccfes, as they are now divided, are not of Diviile Inftitutionj yet this hinders not, but that a'Bifhop and his Charge, more orlefs, is an entire Society 5 that is, accord- ing 'to the Nature and Capacity of the Sub- jeft Matter, it is an entire Government, made up of Prelate and People. Innumerable Paffages might be produced from the Writers of the firft and pureft Ages of the Church, to fhew in what man- ner they thought of the Authority of Bifhops : But it will be fuificient to give you theWords of theHoly Uzn^t Ignatius: BeSui^jelf.fzys^'^-^^^ he, to the Bifhop, as to th& Lord. For he You II. O watches r^' 1 9^ Of the powers of the ^C^urch^ watches for you Souls, ^j ,me>,^ who mUfi^ giyi i av. Accoun\ to God, It JJ 'necejfary^ th fit you do nothingwithotit the Bt^op^ fox f)e.who is difobedtent to Bi^ops, will b^ wholly without God, impious, a contemner of Chrijl^ and a difparager ,of pis Ordir nmce, RtTLE III. ^he Church hath ^pwer to make Laws in all things of necejfary %>utyy by a dire^ i^owexy and a divir^e Authority, T{ie Words jufl: quoted from St. j^;?^^/^!, ays to all the People, not for worldly EndSy but for Ecclefiajiical Necejfity and Advan- tage, Por, when God harh inftitutcd an Office and Miniftry, he certainly made it fufficient for all the Ends of its Inftitution. , Since therefore, the Government even of internal Anions, and a Body and Society of Men, muft neceflarily fuppofe external ^€(s i no Man can from without, direft and govern that which is within, unlefs he has Power to provide, that in proper and lieceflary Cafes, the internal Ad be made publick. From hence it follows, that they who ^re to infpedl and govern the Religion and Spiritual Aftions of the Soul, may alfo enjohi fuch Adions of the Body, as mini- fter diredly and immediately tp the necef- fary Adions of the Soul. And therefore, fince it is our Duty to enter ourfelves into f he Communion of Saints, and this Duty neceflarily be^complied \yith : The In Canons and Cenfures. 197 Bifliop hath Power to command the Bodies of Men to be preient in Chriftian Aflcm- bliesi according to the Apoftle's Dircdion, that we arc not to forfake the Ajfetnbling of otirfelves together, ThcApoftles indeed^ aflemblcd ztjeru- faleniy thought fit to impofe on their fol- lowers, nothing but thofe neceffary thingSy fpccified in their Decretal ; but St. Taul exercifed his Power, in things not fo abfo- Jutely neceffary, when he tells ThilemoTiy V. 8 . that he might be bold in Chrift, to'enjoin him that "which is convenient ; and when he Commands the Church of Corinth to fee, that all things be done Recently and in Order, Now, tho' it be very true, that the A- poftlc waspoffefled of feveral Powers, which the Bifhops inSucccflion have not i yetbe- caufe the Command given to the Church of Corinth, was of fuch a Nature, as to be of perpetual Ufej and fmce it will be for ever neceflary, that things be done in the Church, Recently and in Order : It was neceffary, that in this Affair, there ffiould be perpetual Judges and Direftors, and thefe can be iio other than the Rulers of the Church, who, in the Inftance" before us, tho* not in all other Inftanccs, had the fame Power with the Apoftles. O 9 RuLie 198 Of the Towers of the Churchy R U L E V. fFhen the Canons of Ecclejiajlical Rulers are eftablijhed by the Supreme civilTowery they lay the Confcience under a double Obligation, When Princes became Chriftian, and had committed to them the external Govern- ment of the Church, that is, of all that >,wa3 not of a Spiritual Nature 5 the Eccle- liaftical Laws, which were before made by Bifliops, were now only advifed by them,, and ratified by Kings. They were but Rules and Canons in the Hands of the Spiritual Order 5 but as they are enforced by the civil Power, they are properly Laws. Before Princes became Chriftians, thcfe Canons were Laws no further than the Peo- ple did confent ; and therefore, none but the worthy, the pious Members of the Church paid Obedience to them : But fmce Princes have fet the Crofs upon their Imperial Globes and Scepters, even the impious muft Obey. All Men now are bound, by all manner of Obligations ; and all who will not willingly Obey, may now be forced to Obedience. The Nicene Canons, as Sozomen fays, were made Laws by the Refcript of the Emperor In Canons and Cenfures, 199 Eriiperor Conftantlne. And at the End of the Council of Conftantinopley the Fathers of it wrote tb xhc'Em^cto^^TheodqfiuSy'dC'^ firing, that he would be plea fed to confirm theT^etrees of the Council by this EdiEi i fo that, upon this Account, the ecclcfiafti-f cal Laws lay as great an DbHgation upon' the CdnfcienCe, as thofe which are made in a civil Matter j and indeed they differ not at all, but in the Matter of them only. Rule Vi. Kings and Trinces are by the Ties of Re* ligioTty not of Tower^ obliged to keep the i Laws of the Church, ' u • . ^ n It has been already obfcrved, that the Laws of the Church are of two Sorts i fuch as fhe herfelf makes by a divirie Ati-/ thorityj and fuch, which relating to exter- nal, political, and ' contingent Matters, Princes may, if they think fit, pafs.into Laws; but the fpiritual Power canriot^yvvAs'- to the former Kind of Laws, Princes thcm- felves are as much tied to Obedience as the meancft Subjed. For tho' they are fttpreme in civil Government, yet their Souls are of Chrift's Fold, and muft be ccndu- d<,*d by ar proper Shepherd. It is no Contradi- O 4 S(\Oi\ 200 Of the Towers of the Churchy dion to fay, that the fame Perfon fhall be fupremc, and yet fubjed in Regard to fome Things, in which he cannot be fu- premc. For Kings muft give Account for the regular Behaviour of Bifhops in their political Character j and Bifhops for the Deportment of Kings in their Spiritual Ca- pacity. And there is the lefs Difficulty in conceiving this, becaufc the Souls of Prin- ces are of juft the fame Value^ under the fame Laws of God, to be cleanfed and nou- rifhed by the fame Sacraments, and by the Command of God, obliged to the fame Duties with thofc of other People. But, in Matters of Duty, not expreily required by God's Law, or from the im- mediate and neceflary Confequences of it 5 there being no other Laws, than whatthem- felvcs have made, they are no otherwife obliged than by their own civil Laws, of which I have before given Account. Rule VIL It is not lawful for the Ecclejtajlical Tower to Excommunicate Chrijlian TrinceSy or the Supreme civil Vower. In the Sentence and Penalty of the leffer Excommunication as it is applied in the * Church In Canons and Cenfures. a_ai Church, wc may obfcrvc three Portions of Evil 5 the one adminiftrcd by the Bilhop^ in refufing to miniltcr the HoJy Myftericsj the other, by the People, in withdrawing from the Communion and Converfation c^ a Perfon under that Sentence j the third by the Prince, in giving the Sandion of tem- poral Funifhments to the juft Sentences of the Church againtt obllinate Offenders. This laft is certainly owing tothePowci: and Favour of the Prince ; who, by that Favour, cannot be fuppofed to have laid violent Hands upon himfelf. But then, as to that Portion of Evil, which is inflided by the People, which lies in the abftain- ing from the Society of the Offender, tiU he repents and is forgiven,- it is infinitely: certain, that the Church cannot infli^l that on Kings, becaufe it would be deftrudivc. of the Duty which Subjeds owe their Prince, and of the Rights which he derives from God independently from the Religion. Befides, Fame and Reputation are almofl: as necefiary to a Prince, if he would go- vern happily, as Power it felfj therefore, to lay him under fuch a difgraceful Penal- ty, is to fix on him a Mark of Infamy; for were this to be done, the Subjefts were then to confider him as an heathen Alan and a Tublican, And when they have loft their Reverence for him j every future Action of ao^ Of the Towers of the Churchy of his, whether good or bad, fhall be c- qually difregarded or fufpcded. And further, if Excommunication be only an Ad of Caution and Prudence, it muft then be highly prudent, not to inflift it on Kings, leaft they be provoked at the ill Ufage of tlie Churchy but if it be an Ad of external Jurifdidion, it is then de* rived from Kings, who therefore, cannot properly be Subjed to it : For, no Coer- cion in the Hands of Men, ought to reach thofe who are referved only for the Judg- ment of God. Were we to examine the Dodrine mid Behaviour of the primitive Church upon this Point, we fhould find, that they never pretended to a Power of- excommunicating Kings: For, with regard to them, Sacer- dotis tantiimefiarguere, 6cc. fays St. C^ry- foftom, 7 r lefts can only Reafon, or generoufly and boldly Admonip). And, notwithftand- ing the Preten<:es of the Romifh Writers to the contrary s it may eafily be (hewn, that the firft Supreme Prince that ever was ex- communicated fay a Bifhop, was the Em- perour Henry y by Pope Hildebrand, Par- ticularly, as to the famous Cafe between the Emperour Theodofius ^ndi St, Ambrofe ^ the Prince was perfwaded to a SubmilTion, but it was only to perform his Repentance after the manner of Penitents in thofc Times $ and In Canons and Cenfurcs. aoj and the Bifhop only refufed to Celebrate in the Prefence of the Emperour, unlefs he would give Tcftimony of his Repentance toward God. Thepdojius yielded to this, becaufe he was a good Man 5 but St. Am- irofe {:iid, he had his Warrant for ufing the Emperour in this Manner, from aVi- fioui which feems to imply, that in his own Opinion, he could not have acted thus, in Virtue of his Ordinary Power. ,: But, as I obfer\^ed above, there is a third Portion of Evil in Excommunication, which is a refufing to admin ifter the Holy Com- munion, to Men of fcandalous and aban- doned Lives. There is no doubt but that even Princes, when their Lives are evidently loofe and profligate, not only may, but fomqtimes muft be refufed it. But, this is not fo much an Ad of Jurifdidion, as of Charity to the Prince, and of Duty irt the Bifhop. This is no more than a Phy- ficians refufing to give drink to an Hydro- pic Patient 5 he may have it, if he be willing to diej but if the Phyfician refufes to reach; it to him, he is notinfolent and ufurpi/ig,- but only kind and charitable. Rule $04- Of the Towers of the Churchy Rule VIII. Ecclefiaftical Cenfures are to be infliSted by the Confent and Concurrence of the Su- freme civil Tower, . By Ecclejiafiical CenfureSy I kere under- ftand xh^ greater and the leffer Excommu- nications. The one is, only a Separation of a Criminal, from the Peace and Com- munion of the Church, till by outward Marks he hath ilgnificd his inward Penitence ; the other is the entire cafting off thofe ob- ftinatc and contumacious Pcrfons, who will fubmit to no Difcipline, return to no Good- ncfs, and will not forfake their Sin. Thefc the Church throws out from her Bofom, fhakes the Fire from her Lap, and quits herfclf of the Plague. This is properly the greater Excommunication, or the Ana- thema. Now both thcfe forts of Perfons arc bound by ecclefiaftical Power. The former fort arc bound that they may be purged of their Sins i the latter, that the Church may be purged of them. Not that the Church hath a Power of damning any Man i but when fhc obferves a Man fixed and refo- lute in Impiety, (he, according to her Com- miflion, antedates ^the divine Judgment, and In Canons and Cenfurcs. a o ^ and fccures the found Members, by (hew- ing what will befal that Man at the laft Day. In the former Cafe, the Penitent may be likened to a wandring Sheep ; in the latter, a Man may be confidered as a Goat or a Wolf j and by his own Ads, as well as by the Power of the Keys, each of them is bound. The one accepts the Me- dicine 5 the other, by his own Ad, incurrs that Death, which the Church declares. Now as to that which is here called the ieffer Excommunication, as it was ufed in the Primitive Times, and as the Church of England wifhes it were now reftored, when Penitents yielded up themfelves to the Difcipline of the Church, had Exercifes, Stations, and penitential Times appointed theiii, and were afterwards with Joy, and Comfort reftored to the Peace of the Church i This, I fay, was a Miniftration which was performed by mutual Confent, For here, if the Offender would not con- fent, the Bifliop could not compel him 5 but the Bilhop and the Prince together might oblige him. I would not by this infinuate, that the ecclefiaftical Judge hath not Power to deny an Offender the Peace and Com- munion of the Church, by declaring him unworthy of being admitted to them : But fmce, as the Laws and Cuftoms of the Wpi^W fland;^ Difgracc and temporal Dif- advantage $ o 6 Of the Towers of the. Churchy advantages follow upon fuchecdefiaftical Separations-; the Bifhop ixiay be retrained in the adual Exercifeof his Tpiritijal Au- thority, when the ufe ol it fhall be found to affeft the temporal Condition of Men. But x\\c greater Excommunication, tiio Anathema^ oi the Excifion of .obftinate Offenders from the Body of the Church, is the only kind of Excommunication war- ranted and CQmmiilioncd by our Lord. And th9re Words of his, but if he will not hear theChurchy let him be unto thee as an hea^ then MaU] and a Ttiblican, were by the antient Fathers underftood to convey this Commiflion and Authority. Now as to this Sort of Excommunica-^^ tion, he who is poiTcfled of eccleiiaftical Authority, and has received the holy Or-r der, hath the Power of infliding it : And fo long as a Man's temporal Concerns are not affe<3:ed.by it, the Bifhop can inflid it iblely. by his, pure fpiritual Authority j and herein he has no farther Dcpendance oa the civil Power, but that he be fuffered to cxercifc^Ais fpiritual Office. And tho' it be never fo true, that a Bifhop may, by the civil Power, be hindrcd from officiating in public]^ Aflemblies, tho* he may be banifhr cd,; and another put in his Room 5 and niay fo far be fufpcnded from all his Of- fices, a$ not to be able tq exercife his Power : Yet In Canons and Ccnfures. lorj Yet a Bifhop who is over a FJock, and is adually permitted to do what Chrifl: hath empowered him to do, can by his own foJe Authority inflift this Punifnment upon fcandalous, impenitent, and perfevering Sin- ners. If the Church could not do this, fhe would not have Power fujfficicnt to the Endsof her Defignationj fhe were then no regular Society, no Body politick, but whol- ly without Power or Government ; and all thofe Dlredions of our blefled Lord in the 1 8th of Si. Matthew, his Command of delating obftinatc Offenders to the Church, and his Promife to ratify in Hea- ven what they fliall denounce on Earth, had been wholly infignificant, and to nq manner of Purpofc. "■'Now the Reafon why a Bifhop has not fo great an Authority in the lejfer Excom- munication, as he has in x\\q greater, is this > becaure the Greater is of Divine, but the Lejfer of human Inftitution, never exer- cifed but by mutual Confent, or by the Force of civil Sword. In this, there may pollibly be fomewhat of Prudence i but as the ecclefiaftical Superiour has here nopro-^ peir Authority, but what is given him by Confent, lb there is no natural or necef- fary Obligation incumbent on the Subjeds: But on the other hand, when tli,ey are de- lated ao8 Of the Towers of the Churchy latcd to the Church as notorious and in- corrigible Offenders, then the Church is warranted by God to proceed to Diicipline, and that heavy Hxtreniity of cutting thcni off from the Body of Chrtft. 1 he One is . nierely an ecclefiaftical inftitution, and is no Part of the proper Power of the Keys, and therefore does not direftly touch the Soul ,• an Effed peculiarly and ne- •ceffarily belonging to the gl'eajer Excom- munication only.' This only is exprcfly warranted and authorized by our Lord. RuL&lX. ^xcomfitunication infli&ed upon a lighP Caufey binds externally^ but not internal- ly 5 but when it is inflicted upon an un- jiifl Caufe^ it binds not at alL The latter Part of this Rule is univer- fally affcnted to. And here the civil and ecclefiaftical Powers differ extreamly 5 for the civil Power, if it condemns the inno- cent, fatally affeds his Condition, and af- flifts or puts him to Death; whereas the ecclefiaftical Power touches him not at all,, unlefs he hath previoufly deferved Punifh- ynent. For God having undertaken to ra- tify the Denunciations of the Church 5 ir muft be fuppofcd,^ that the Church pro- ceeds In Cmms and Cenfures. a 09 proceeds rightly, or that otherwife he will not ratify them ; and where this is not the Cafe, the Governours of the Cluuxh mud either have miftaken, or they muft have finned. But as to the former Part of the Rule, there h greater Difficulty. Whether this Sentence, inflided upon a light Occafion, do really bind the Soul before God, was a Qucftion which Origen enquired into,Traa. t!^ but did not determine. He fays, that itin^^^tt. obliges in the Church, and before Menj but whether it binds in the Sight of God, God, fays he, only knows, and we cannot judge. The Church indeed has laid an heavy and unequal Load upon fuch a Man, and hath erred greatly : But yet even fuch a Man is bound externally j and this implied in that remarkable Expreffion of St. Gregory, the Sentence of the Bi^dOp tho it be unjuji, is yet Evang* to be feared. The Burden indeed is great, ^;^^^?^'' and ought not to have been impofedj but' when it is impqfed, it muft be undergone, becaufe no Repentance can be too great for any Sin. And tho' the Bilhop judged wrong concerning the Man> and tho* the Man appears not in the fame Light to the Eyes of God, as to thofc of the Church i yet being unfortunately under Cenfure, if he refufes to obey that which indeed was too much to be impofed, but will do him Vol, II. P no a I o Of the Towers of the Churchy no Hurt j it is not then his firft trifling Sin, but his prcfcnt Contempt that is to be fe- vcrcly accounted for before God. But then if it fhould be asked, in what Cafes only, Excommunication may be juft- ly infiided : The Anfvver is eafy, and I ftall give it in the Words o( Origem unlefsthe Jofa. Uo-jPaH be clear, no Man muft be excomtnu- mii.xn. ^i(;afgj. otherwife, we may chart ce to root tip the Wheat with the Tares, For if the lad be not notorious, a Man muft not be cruelly treated, we know not why. But if it be notorious, unlefs it be alfo very great, it cannot deferve the heavicft Punifh- ment, as, in Fad, this is. A Man will not have his Hand cut off for a Sore upon his Finger, or an Ulcer that can otherwife be ^ curedj but when there is no other Reme- dy, he muft fubmit to this. This Caution Gerfon inftances in pecu- niary Matters. For, fays he, not every Con- tumacy againft the Orders of ecclejiaftical Courts, ought to be punijhed with this Kind of 'T>eath. Contumacy in Matters of Faith and Manners may juftly be thus punifhed j but when it arifes in Regard to Money or Fees, here the Church hath no dired Power. For Contumacy here is rather an Offence againft the civil Pow- er, which has a Sword of its own to pu- nifh the Affront. Whereas Excommuni- cation Jn Canons and Cenfures. a 1 1 cation is a Sword to piinifh the Cojatiima; cy of thole who ftubbornly offended againft the Difcipline of the Church, in thofc Things wherein Chrift hath given her Au- thority. And here it may not be impro- per to obfervc, what a Reproach it muf! throw upon ecclcfiaflical Difcipline, to have it made fubfervient to the Ends of Ava- rice, or to the Wants of Pro£lors and Ad- vocates, or to fee it punidi more cruelly than civil Courts for equal Offences. To this I fhall add biit one Caution more, which is, that when a Law is cnaft- cd, that whofoevcr commits fuch a Fa6t Ihall be ipfo Fa5fo excommunicate ; it muft never be underflood of the greater ^ndj^ro- per Excommunication. For the cutting oif from the Church is never to be applied, but after all other Remedies have proved ineifcdual. When the Crime is urged and is notorious, when the Pcrfon is fummoiied, when he has been admonifhed, and called upon to repent j if after all this, he pcr- lifts in his Obitinacy and Difobedience, he is then to be cut off and not othcrwife 5 and therefore cannot be ipfo FaBo excommu- nicate. ■ The Offence alone indeed defcrves this, juft as it delcrves Damnation : Put fmce God is pleafed graciouQy to c^li a Sinner to Repentance, and dcftroys him not till he hath refufed fei§ Tenderncfs and P z For- Of the Towers of the Churchy Porbearancci the Church mufl: herein imi-* tate the Procedure of God. For if the Church deftroys on Earth, and God laves in Hea- ven, it is evident fhe hath not rightly ufed her Power, and therefore muft not ralhly deliver over to Sata?i, Rule X. 7/ is not lawful to CGmmunicate ^uJith thofe^ whom the Church hathy by a jujt Sen* fence, excommunicated. For all prohibited Communion is unlaw- ful, and wc muft nor admit into our Af- femblies, thofe Perfons who are forbidden to be prcfent at our holy Offices. But here it is to be obferved, that tho* the Church excommunicates thofe who preferve Com- munion with others who are aclually un- der Sentence of Excommunication ; yet it is always to be underftood, that the Aflb- ciates are only fmitten with the lejj^er Ex- communication, and not internally, but only externally obliged. For there are ma- ny Cafes, wherein a Man may favourably be fuppofed to have innocently communi- cated, with an Heathen Man, and a "i^uh" licanj In fuch Cafes therefore, wherein a Man does not take Part againft, nor de- iigncdJy contemn the Authority of the Church 5 In Canons and Cenfures. Church; when he intends not to counte- nance, nor to extenuate the Crime of the Excommunicate, but has behaved in this Manner in the Simplicity and Integrity of his Heart; he is then only bound to give Satisfadion to the Church, but is not guilty before God. It may here be further obferved, that in pronouncing the Sentence of Excommuni- cation, the Church does not intend to pro- hibit that Kind of Intercourfc or Commu- nion, to which we ftand pre-engaged by the Law of Nature, or any Law of God, or of the fupreme civil Power from which the Church cannot difengage us. This heavy Sentence cannot difcharge a Son from the natural Duty of helping his aged Fa- ther, nor the Phyfician from prefcribing to him, nor the Tenant from paying his Rent. For tho'the civil Power may, infomeCir- cumftances, forbid even an Aflion in itfelf good and pious ; and tho' our Obedience in fuch Cafes may be i^efter than Sacrifice i yet when the Piety is neceffary and enjoined by a Commandment, neither the Prince nor the Bifhop can have either a fcperatc or joint Power to forbid it. That Precept in Scripture, which obliges us to confider fuch a One as an heathen Man and aTublicany feems to be expref- fed in a Proverbical Form of Speech, and P i fignifies Of the To'wers of the Church Signifies a very wicked and incorrigible Of- fender 5 as when we have a Mind to ex- press a Man s Cruelty, we. fay he is a Turk or a Saracen. It cannot therefore juftify uSy if we behave towards fuch a Man in the fanie Manner as x\\q> Jews behaved to-, wards fuch who were really Heathens and Publicans, and whom they never treated according to the common Rules of Civili- ty or Charity. But fince our blefled Lord treated them in a different Manner, and by his own Example encouraged others to con- vcrfe with them, to do them any human Office, and to endeavour to fave their Souls; it is not unreafonablc to fuppofe that he did not by this Precept, enjoy n us fuch ^ Severity of Behaviodr towards the Exconi- jiuinicate, as the Heathens and Publicans jilvvays found from the Jews, That therefore which was here intended, fccms to be only this ; that wicked Men fhould be only thruft from the Commu- nion of iioly Offices, from partaking in any of the Myfteriesof Religion : For this was the known Ufe of the Words Bind- ing ^nA hoofing^ among the Jews, which our Lord made Ufe of in giving the Church a Power of Excommunication. - 1 fnall now, proceed to the Enquiry con- ccrning the more particular Perfons or Com- imxiiiiu of M^n, in wiiom the egclcfiafti- In Canons and Cenfures. 2 1 5 €al Power is vcftcdj and ihcw where wc arc tofindthc Records of Ecclcfiaftical Laws, and from whom the Obligations of Con- fciencc proceed, and in what Matters their Power and Authority is competent, and their Canons Obligatory. Rule XL The Canons of the Apoftles^ which relate to Order and external Government y Oblige the Confcience, by their being accepted in fever al Churches y not by theirjirfiEjia- blijhment. That the Canons which the Apoftles made, did oblige the Churches to whom they Avere direded, is very certain ; according to that of the Apoftle, To this End alfo ^ did I write, that I might know the Trooj ^ ^J- of yoUy whether ye be obedient in all things. * , For, whatfoever their Ordinary Power were, they were endowed with other Powers To very extraordinary, that their Word ought to be a Law withtiiem to whom it was fent, and might well have a might^ Force, upon fuch as fhould only hear of it. Thus that Decree of theirs about the abftaning from Bloody was obferved by more Churches than thofe of Syria and Ciliciay to w^hom P 4 it !2 1 6 Of the Towers of the Churchy it was immediately direded. Thus the College of Widows and Deaconcfles, tho' provided for the firft Miniftry of the Churches, ^nd the Relief of ancient Widows, became a Conftitution in the Weftern Churches, and lafted longer in the Church, than was neceffary. This was a pious Confequence of the great Veneration they had for every- thing that came from the Apoftles. But it being evident, that the Laws of Order and Govenment, w^ere fitted to Times, Places, and prefent Neceflities , that Wif- dom, which fo adapted Laws and Things to each other, did alfo know, that in other Circumftances of Things, thofe Laws would be lefs Ufeful and Neceffary. But eten fiippofing that the Laws of this Kind which the Appftles gave their Churches, were at this time, in all Refpefts, as proper and ufeful as they were then ; yet, unlefs iE could be made appear, that they defigned them,' perpetually to oblige all Ages of the Church', they cannot be thought equally pbiigatory upon us at this time, as they "were heretofore upon thofe to whom they were direfted. Now, it is certain, that they prefcribed no fuch Laws as thefe, but what they received in Commandment from Chriftj and whenever they faid of any in particular, this fay i, not the Lord, they Befigncd it only, as an*advice, and gave \% In Canons and Cenfure^, a 1 7 no other than a temporary Obligation : But whenever they thus expreffed rhefmfelves> this we have received from the Lord, they -ever ufiderftood aDodrinc or Command of perpetual ObHgation. The Rules of Order, therefore, being not thus delivered, are of a limited and transient Nature, and be- come Canons and Meafures of Pradice, only by being prcfcribed by the Rulers of the Church. Thus the Apoftle gave an Order to the Corinthian Church, that Men fliould not Pray or Prophefie with their Heads covered ; and yet in France, the Preachers are covered, without thinking themfelves guilty of the Breach of an A- poftolick Canon j becaufe they fuppofed it reached no farther than to that Church, or that they thought it was made in Confor- mity to fome Manners and Cuftoms of thofe Places. And St. Taul appointed that they fhould every firft Day of the Week fet afide fomewhat for the Poor : But he that Ihall chufe ta do it fome other Day, does it as well ; for he does but the fame thing in another Circumilance. Now, iffuch Canons Apoftolical, as are recorded in Scripture, and which we are therefore fure are really Apoftolical, are with- put Scruple laid afide, thro' all the Chri- ftian World, fome every where, and others if^ fome Places^ it is plain, that it is the fenfc a 1 8 Of the Tozvcrs of the CJourch, fcnfe of the whole Cathplick Church, that thofe Canons of the Apoftlcs, which relate only to the external Order and Govern- ment of the Church, were io far tempo- rary, as not to oblige longer than they fh#uld be thought reafonable and conve- nient, that is, nolon*gcr than the Govern- ours of Churches fhould find them really iifeful. But this holds ftill more ftrongly againft fuch Rules as are only pretended to be Apoftolicai, and which arc not certainly authcntick. Rule XIL \/ill thofe Rituals which were taught to the Church by the ApoflleSy concerning MlntflerieSy which were of divine In- fiitution, do oblige all Chriftians to their Obfervations. " Let thofe relating to the Holy Sacrament be the firft Inftance to prove this Rule. The Apofties delivered to the Churches, the cilential Manner of celebrating it, or the way of doing it, according to Chrift's Com- mand. For, the Words theiiifelves being large and indefinite, were fpoken indeed to the Apofties only j but they being Re- prefei)tatives of the whole Ecclcfiaftical Order in fome things, and in others of the whole In Canons and Cenfurcs. a I J whole Chriftian Church, were to inftruCt the Church in their diftinfl: Duties, Powers^ and Offices i other wife, they could have noi way of coming to the Knowledge of them, but by a particular ^nd new Re- velation. The Apoftles, therefore taught the Bi-* fhops and Priefts to Confecrate the Sym- bols of Bread and Wine, before they did communicate, not only becaufc we arc in- truded, by our Lord's Example, to give Thanks before we eat, but becaule they well knew that the Symbols were confe- crated to a Myftery. Now, this was done from the Beginning, in all Churches, and in all Ages of the Church: From whence we may conclude firmly in this Rule, that the Apoftles did prefcribe to the Church a Canon or Rule to be perpetually obferved, and that the Churcl^ never imagined, that Ihe had either Reafon or Authority to re- cede from it. For, in thole Rites whicU are made the Means or Inftruments of Grace, no Man muft pretend to alter any Part of the Inftitmion, or introduce any Change upon what God has Inftitutcd. That thofe Inftruments are at all Effeftual, depends en- tirely upon the Will of God i and we arc not to reafon about their Eifeds, becaufc we only know the Inftitution, and nothing of the Reafoaof tlie Thinj^, They 'O' 2 :: Q Of the Towers of the Churchy They who are in Doubt, whether or nO - this Canon was derived fi-om the Apoftles, may receive abundant Satisfaction, from the' Writings and Pradiccs of ahnoil all the Fathers, and from the antient Liturgies ftill remaining 5 which prove that the Deriva- tion of this Canon from the Apoftles is as evident, as it is univcrfal. Of the fame Nature is the Diftindion of Bilhops and Presbyters, and the Govern- ment of the Church by them. For, this diftindion being made in the Apoftles Times, and immediately admitted by all the Churches, which every where, and ever ' fmcc, have been governed by Bifhops, and by Presbyters under thenij it is not only Itill unalterably to be retained, as it is one of thofe momentous Points, in which the prcfent Churches have no Power or Autho- rity to make a Change,- but wearctocon- clude it to be a Law o^ Chrift, which was conveyed by the Apoftles, with an Intent to oblige all Chriftians. And this, be- caufc the Apoftles in things indifferent, had- not Power of themfelves, to oblige, or make a Law for fucceeding Ages. It was againft the Laws of Chrift to teach for ^o- Brines /^^ mere Commandments of Men y and is wholly inconfiftent with the Liberty 'wherewith Chriji hath made us free. But Epifcopacy, as it w^s certainly an Inftru- ment In Canons and Cenjures, i^i ment and Miniftry of Grace, in that it was inftituted to convey a Gift by the laying on of Hands-, was therefore certainly appoint- ed by Chrift and Chrift's Spirit. For, there cannot be an Inllance of higher Prefump- tion, than for a Man" to imagine he can convey a Gift of God, unlefs by God he be conftituted to convey it. This therefore is another apoftolical Canon, which muft ne- ver be laid afidc, becaufc without it, the Churches cannot be continued. There are fome Circumftances relating to the Canons here fpecificd, which not being cxprefly determined by our Lord nor by his Apoftles, are left to the Difcretion of the Church. Thus hi conferring Orders, tho' Impofition of Hands, hivocation of the Holy Spirit, and Prayers are never to be omit- ted j yet fince a particular Form of Prayer is not enjoined, the Choice of the Words was left to the Church. So in the holy Eucharift, it is plain that Bread is to be u- fed i but whether leavened or unleavened, neither Chrift nor his Apoftles have left in Charge 5 and therefore there may be a difcretionary Ufe of either. PvULi an Of the Towers of the Churchy Rule XIII. In the Rules which the Apoftles laid down for their Churches in Things indifferent ^ the Church hath a Liberty i but it is not to be ufed but upon great Reafon or great Need, and for the Edification of the . "^People committed to its Charge, There are two Reafons for this Rule. The firfl: may be taken. from the great Re- gard due to the venerable Names of the ^poftlcs, the Pillars and Foundations of the Church 5 and the Indecency of intro- ducing any Alteration in thofc Things which they had prudently determined to be the Meafures of Order and Decency. The fe- cond Reafon for this Rule takes its Rife from the Confideration, that the Apoftles, even in thofc Things wherein they afted not by a divine Commandment, had yet the Spirit I Cor. of God, the Spirit of Wil^om and Govcrn- 'vii* 40. iTtient, and therefore, where there is not evidently an Inconvenience or Ufcleflnefs, arifmg from the Change of Times or Cir- cumftanccsj the Churches are on the furer Side when they imitate the Practices and Precedents of the Apoftles, and may rea- fonably hope that fuch an Imitation will be acceptable and well-pleafing to Chrift^ fiBCC In Canons and C^nfurcs. ^ '^ fince it is not wholly improbable to fup- pofe, that the Pradices on which it is found- ed were derived from his Spirit. 1 fay this, upon Supposition that it can be plainly proved, that fuch or llich a Practice or Ca- non, was undoubtedly dpbftolical : For fince in Particulars of lefs Moment, or Icfs fuf* ficient Evidence, we do but conjedure that the Apofllcs were direded by the Spirit im- mediately i if likewife we do but conje- dure, that the Apoftles did prefcribe and pradice in this or that Manner, we are (till the farther from proceeding fecurely. I fhali give a very remarkable Inftance in this particular i whicli will not only have its Ufe, as it contributes towards explain- ing and juftifying the Rule, but alfo as it relates to Confcience s for fome Churches enjoin it in tire flrongeft Manner, and pre- tend it to be highly neceflary, fince, as they fay, it was prefcribed by the Apoftles. I here mean the Fa/l of Lent ; which* of all that are not,^ pretends the faireft to have been an apoftolical Tradition 5 now if this could be demonftrated, it might witiv much Probability pretend to have been im- pofed, with an Intent that it lliould oblige perpetually. But that the Lent Faft was not an Apo* ftolical Canon or Tradition, feems to appear from hence, i. Becaufc we find it frequent- a a 4- Of the lowers of the Churchy Jy affirmed in Antiquity, that the Fafts of the Charch were wholly arbitrary, and not made ncceffary by any Authority. Thus SocrateSy fpeaking of the Lent Faft, fays. Lib. V. Jince no Alan can, from any Record, Jhow Cap.xxu. ^fj^^ there was a Command concerning this Thing 5 it is plain, that the Apofiles left Men to their Liberty as to this 'Toint, that every Man might do what was good, with- out the Inducement of Fear or Neceffity. 2. This farther appears, in that we find the Original of the Quadragefimal or Lent Fail afcribed to other Caufes than a Tra- dition or Canon Apoftolical. CaffJan ob- ' Coii.xxii. ferves, that as long as theTerfe5iion of the Cxxx. Primitive Chtirch lajied, there was no Ob- fervationofa Lent Fajl -, for they who fpent the whole Tear in Abflinence, were not ob- liged by the Neceffity of a T^recept or legal Sanation, But when the Mult it tide of the Believers every T>ay growing lefs warm in their T>evotions, fet their Hearts upon the Enjoyment of their Wealth ; then the Bijhops thought fit to recal Men to Works of Tiety, by a canonical Injun^ion of Fafts, and giving to God the Tenth of their T>ays, So that according to hirn, this Faft was en- joyned upon the Score of the general De- clcnfion of the primitive Piety 5 and the Author of it was the general Confent of Bifliops. St, Chryfojism has fomcthing very liks In Canons and Cenjures. a a 5 like this, when complaining of the Dimi- nution of the primitive Warmths of Piety^ and Mens unworthy communicating ac JEafter, he fays, When the Fathers had ob- ferved the Mifchief that arofe from fuch carelefs Conventions^ having met together^ they appointed forty T> ays for Fafting, 'Pray- er^ hearing Sermons^ and for holy Ajf^m- blies. St. Aujtin indeed doth not with CafJJan, derive this Faft from the Inftitution of Bifhops i nor with St. Chryfoftomy to a Council of the Fathersi but only from theEp. ex Cuftom of the Church, without mention- ^^ ^^"^ ing any Authority of the Apoftles. 3. Some of the Antients affirm, that Pope Telefphd- rus firft iuftituted;the Lent Faft, about the Year 136. Particularly Eufebius in his Chronicony fays, xhoit fo me write that Te- lefphorus inftited the ^ladragefmal Faft. Thefe Words indeed not occurring in the Greek MSS. Copies, Scaliger iw'^'^o^QS they are not his : However, in the middle Ages of the Church downwards to Scaligefs Time, they wer(5 believed to be his j and were cxprefly faid to be his by Rabahus Maurus and Rupertus, But, 4. Both the Thing and Name were unknown to the three firft Ages of the Church. This is very plain from Tertulliariy who apologizing for the Fafting Days of Montanus, faysj they arc no fuch mighty xMatter that the ^'*j;^ixc?l Vol. II. Q^ fpirituai a^6 Of the Towers of the Churchy fpirittml Men, ns he calls the CatholickSy fhould cry out againft them as an mtolcra- ^ ble Yoke upon the Difciples. They were in all but ten Days 5 two Weeks abating vii. Saturdays and Sundays ^ and thcfe two Weeks, Soz^omen fays, were before Eafter. Now, if the Catholicks had at that Time, known of our prefent Lent, or forty Days Faft, they would never have fo unrcafona- bly complained of the ten Days Faft of Montanus. But befides, if the Lent Faft were of apoftolical Appointment, how comes it to pa(s, that there fhould be no mention of it in the genuine and undoubt- ed Writings of the three firft Ages, neither in Jufiin Martyr^ Irenaus, Tertullian, Cle- mens AleKandrinus^ Clemens Romanuss ge- nuine Epiftle to the Corinthians, nor in St. Cyprian ? I fhall here take no Notice of the Teftimonies urged on the other Side, from the Writings, commonly called the Apoftolick Canons, nor from other Wri- tings, which the Learned have generally gi- ven up as fpurious, or vilely interpolated 5 and which are the only Teftimonies that can be alledged for the Apoftolical Inftitu- tion of the Lent Faft. B. fides, 5. The Qua- dragefimal Faft was only relative, and in Order to the Eafter Fcaft ; and therefore could not be prior to that, upon whofc Account it was inftituted. Now the Fcaft of In Canons and Cenfiires, ^17 of Eafter^ and the Sunday Feitival were . introduced by Cuftom and arbitrary Choice^ for the Refting from Labour, and the Me- mory of our Lord's Rcfurrettion. Both in- deed were inftituted at the Beginning of Chriftianity i but if. we may believe J^-ub.v.C CrateSy neither of them was cftablilhed by 5;xii. a divine Command, nor by an apoftolical Canon. The Apoftles did not concern themfelves in making Laws and Feflivals, but in introducing Piety and a good Life. Nor is it any more an Affront to the Sa- crednefs of that great Feaft of Eajier to fay, that the Apoftles intended not to make any Laws concerning it than it was to Bap- tifm, when St. Taul faid Chr'tjl fent hirri not to baptize^ but to preach the Go [pel:. For tho' to baptize was au holy Office, yet he was to attend fomething of greater Moment, and which more neceifarily re- required his Diligence and Prefence. There will ever be a due and reverend Regard had to the Sacrednefs of that, and other holy Feafts, by thofe who confider that the Apoftles left the Inftitution of thefe to the Piety of the Churches, as knowing that the Spirit of God which they had received to thefe and greater Purpofes, was more than fufficient for leading them into a pro- per Way of fhewing their Piety and Gra- titude upon fuch great Caufes; and it is Q^ % no eta 8 Of the Towers of the Churchy no mean Proof of the Propriety of the Duty, that all the Churches of God did inftantly enter upon it, without any other Law or common Teacher, than the Spirit of God and right Reafon. If therefore, the Apoftles left the Celebration of Eajier and other Feaftsto the Choice and Piety of the Churches -, it is not probable, that they inftituted the Lent Faft by a Canon, fmc^ the Lent was always acknowledged to be a Preparation {oiEaJter^ and was never heard of before there was a Chriftian Eajier, I fhall only further produce a remarka- ble Fragment of Irenaus mentioned by £«- febiuSy relating to an unhappy Difference between the Eaftern and Weftern Churches about the keeping of Eajier, Pope ViBor . being tranfported into Heats in the De- bates upon this Point, received from St, Iren£us the following fober Advertifement. For there is not only a ^ijpute about the ^ay of Eajier, but about the Manner of Fajlmg, Some imagine they ought to jajl but one T^ay, others two, and others more ; fome meafure their ^ay by forty Hours of T)ay and Night. And this Variety oj thofe who cbferve the Fajls, began ^ not in our Age, but long before us with our Ancejlors^ who it is probable, retaining a Cujlom in-^^ troduced by Simplicity and a private Choice ^ did propagate it to ^oflerity. Notwith- Jlanding In Canons and CeY^hres. 12^ JJandingy all thefe lived amicably one with another, and vjc alfo keep Teace together i for this T>ifference about the Fajl is fo far from violating the Agreement of Faith ^ that it doth raxher commend it, St. Jerom indeed docs fomewhcre call Lent an apoftolical Tradition. But that ought the lefs to afFed what has been hi- therto contended for, becaufeit is eafy for thofe wiio loved the Inftitution and knew it to be very ancient, and that it defcended down from the apoftolical Times, to call it an apoftolical Tradition. And it is nor un- reafonable to fuppofe that St. Jerom confi- dered it in this View only, fince in rela- tion to the Queftion of the Saturdays Faft, inhisEpiftletoL/zfiw^j", he fays. Let every Province go on in their own Senfe, andftip- pofe the Trecepts of their Ancejlors to be apoftolical Laws, The Apoftte's therefore, not having laid any Yoke,! upoa- the Necks of the Difcfples in the Matter of Fafting, much lefs in the forty Days of Lent 5 I ftiall afterwards en- quire, :whether any pofitive Inftitution of the Rulers of our Churches, can oblige the Confcience to the Obfervation of Lent;, an^ how far it does oblige it. Q.5 Rule a^o Of the Towers of- the Churchy Ruf^E XIV. The Canons of the ancient, general, and provincial Cotmcils, are then Laws to the Confcience, when they are bonnd up- on us by the Authority of the reffe£iive (jovernours of Churches, A general Council is properly the Uni- on of all the ecclefiaftical Power in the World i but the Authority of it in Matters pf Government andDifciplinc is no greatr ler, no more obligatory than that of a pro- vincial Council to thofe who arc under it, A general Council indeed obliges more Countries and more Diocefles 5 but they are no more obliged by it, than by the civil and ecclefiaftical Powers of their own Coun- tries. A general Council is an Union of Government;, a Confent of Princes and Bi- ftops, who mutually agree to aft by thofe Laws, to which they have there affentcd. This Cpnfent indeed gives a Degree of Rcr vcrence to thofe Laws, which is wanting tq thofe Decrees which are only proviacial ; but flill the whole Power of obliging is derived ifrprn the Authority at home. Thus, if twenty Princes, with their Bifliops, fhould convene, and agree upon the particular Man- Hff gf governing th^f Churches s. thofe Princes In Canons and Ccnjures, Princes and Bifhops, having thus confented, are bound by their own Ad, and muft abide by it, till the Rcafon of it alters, or a con- trary or better Reafon intervenes : But the Prince can as much alter that Law upon a Change of Circumftances, as any other Law to which he h^th confented. As to thofe Princes who were not prcfent at this ge- neral Council, whatever were the Caufe of their Abfence, they are not obliged by it. For the Council having no Authority, but what is derived upon them by Confent,. thefc Princes not having given theirs, are as free as ever. Thcfe Refleftions arc defigned for thofe pious and well-meaning People, who enter into inflnite Scruples and Inquietudes, up- on imagining, that they are ftill obliged by any Canon of an antient Council. They fhould confider, that the antient Doftors of the Church had nojurifdidion over us, who are born to fo many Ages after them 5 that even at the Time when they made thofe Canons, their Authority was wholly derived from Princes, and the Confent of Nations; that theReafons and Circumftan- ces of Things are fo altered fmcc that Time, that it would be abfurd to fuppofe that all the Decrees at that Time made, fhould afFcd us 5 and that none of them do afFed us, but in Confequence of a new 0^4 Power ^ ^ a Of the Towers of the Churchy Power now in the Hands of their Succef- fors. If therefore, the Governours of , Churches will now introduce any pious, juft, and warrantable Canon, we muft obey- in all Things wherein they have a Power to prcfcribe , but the Canon it felf, for having been in the antient Codes of the Church, does no more oblige us, than the Laws of Conftantine. R y L E XV. The laudable Cuftoms of the Catholick Church, which are in prefent Ufe, do ob- lige the Conjcience of all Chrijtians. This Rule may be juftified by the Words of St. Tauly who reproving the Contu- macy, and irregular Behaviour of thofe who in Oppofition to the Ufages of Chriftians, and of the Places wherein they lived, would wear long Hair, fays. We have no fuchCu- flom^ nor the Churches of God. In fucf^ Cafes wherein there is no Law, the Man- ners of Chriftians fo far introduce a Law, that we muft not recede from them \vith- out fome probable Catjfe 5 if we do, we cannot do it without Scandal and Reproach. It is really an Aft of Love to conform to the innocent Cuftoms of thofe Chriftians with whom we liv^ 5* other wife they will imagine In Canons and Cenfures. a 5 ^ imagine you reproach their Cuftoms, or contemn their Perfons. It was upon this or the hke Account, that St. Atiftin gave the following Advice. If the koly Scrip- Efii^* tures have not interpofed in the Tointy we^p'i^' ^ mujl obferve the Cuftoms and IDecrees ^presb. ' 6ur Anceftors as a Law 3 and as they that frevaricate the druine Laws are to be re- Jirained, fo are they who contemn the Cuftoms of the Church. But this is fia'fl: to be underftood of fuch Ufages as are in themfelves laiftable, fuch as have no Sufpicion or moral Reproach upon them, but may reafonably be com- plied with by wife and fober Perfons. It was antiently cuftomary in many Churches, ^nd but lately in the Church of Englandy to permit Midwives, in Cafes of Extremi- ty, to baptize Infants. But if this Cuftom had been flill in Force, it ought not to be followed j; becaufe it took its Rife from a falfe and fuperftitious Perfwafion, that it was better to invade the Prieft's Office, than to truft God with the Care of thofe Souls which were formed with his own Hand, and redeenied with his Son's Blood. And the very Maxim, upon which the Follow- ers of this Cuftom generally juftify them- felves, fieri non debuit^ fatium valet -, plain- ly implies, that it cannot be wholly inno- This ^34 Of ^^^^ Tvwers of the Churchy This Jikewife is to be undcrftood of the Cuftoms of the Catholick Church. If the Churches happen to differ in their Cuftoms, it is indifferent to fide with either or nei- ther of them, as it may happen. Every Church in this Cafe, is to follow her own Cuilom, and every of her Subjecls is to obey them. But tho' every Subjed is ob- liged to comply with the Cuftom of his own Church j yet he mufl: take care not to give Offence, when he converfes with another Qhurch that hath a different Cu- ftom: According to the Rule and Exam- irr«/-Adv.Pra, Itan^ dipped at the Mention of every y^r- C« xxviii. fon 5 iz)e are thrice immerged, and not once only. This was fo univerially the Pradice and Cuftom of the Church, that in the Canons of the Apoftles, (as they are called) he who did not ufe the trine Immerfiony was to be dcpofed from his Dignity. And ^x.. Chryfojiome derives it from our Lord's Inftitution, and fays, Our Lord did as it were impofe a Sign upon every Myftery^ and delivered one Baptifm to his ^ifciples in three Immsrfions or T>ippings: And there- fore infers, that tho' this was conveyed down by Tradition, yet it has the Autho- rity of a Law. And Theodoret fpeaking of Eunomius, who firft of all without any Authority, and againft Rcafon ufcd but a fmgle Immerfion, fays, that he fubvert- ed the Rite of holy Baptifm, which was at a 38 Of the Towers of the Churchy at firft delivered by our Lord, and his Apoftlcs. Now it is very plain, that the Cuftoms of the Aiitients in thcfe Points were very different from oursj but that is not of it fclf fufficient to make us lay afide an Ecclefiaftical Cuftom, which hath been of long {landing among us. Some of the Fathers indeed have faid, that their Pra- ftice herein, was enjoyncd by a divine Pre- cept J but this can never be proved ; and it would be very ftrange, that there fhould be a divine Precept wiiich is not mention- ed, nor fo much as hinted at in the font Gofpels, and the Afts or Epiftles of the Apoftles. However, that immerging, and the Repetition of it, has a nearer Refem- blance to the Analogy of the Sacrament, is plain ; and therefore, I fay, every finglc Perfon is fufficiently warranted to lay afidc the Cuftom of Sprinkling, which is againft an Ecclefiaftical Law 5 and there is fuiR- cient Reafon to move the Church to in- troduce a Cuftom contrary to that of z. Jingle Immerfion^ concerning which, as yet, there is no Law. Rule In Canons and Ccnfnres. 2 59 Rule XVI. Tif^ Decrees and Canons of the Bi^op of Rome bind the Conference of none but his own Subje^s. That this Rule holds, is plain from what has been obferved in divers former Dif- courfcs. For if Bifhops, in their fpiritual Capacity, have no Power of making Laws relating to the external Government of the Church, without the Leave of their feveral Princes, or the Confcnt of their People ; then, fuppofing the Pope's great Pretence were true that he is the Chief of the Ecclc« fiaflical Officers, that they receive tiom him immediately ail the Power by which they ad, yet this will give him no more than Chrift gave to the whole Order, of which I have already given Ibme Account. But who conftitutcd the Bifhop of Rome Ecclefiaftical Law-giver to Chriftendom? For every Bilhop receive's from Chrifl: an equal Power, nor is there any Difference in the Degrees of it, but what is introduced by- Men, that is, by Confent, by pofitiveLaws, or by Violence. As the Tawer of the ho-B^Ton. ly Trinity y fays Pope Symmachus-, is oneand^:^^l' undivided i fo is the Epifcopacy divided^ '^^ among all the Bifhops, but the To^z^er is the fame. ^4^ Of the Towers of the Churchy P^^'j^!. fame. And St. Cyprian fays, that as there ^^ ' "* is but one Church in the whole World divi-^ ded into many Members^ fa there is but one Bijhoprick divided into an agreeing Number c^^*/;. of Bijhops. And in another Place, there is but one Bifhofirick, and in_ that every one of us hath his Share y a Tart of the Flock is given to every Taftor. Now were there one univerfal Bifhop over all, the Words Symmachus and St. Cyprian had been whol- ly inconfiftent with Truth and Senfej for then by the Unity of the Church had been underftood an Unity of Subordination, and not an Identity of Office, or a Partition of Charge. From thefe and infinite other Paffages that might be produced to the fame Purpofe^ it muft needs follow, that by the Law of Chrift, one Bifhop is not fupcriour to ano- ther. If therefore, their refpedive Powers •, arc equal as they are Bifhops, then the Bi- fhop of Rome^ has not from the Laws of Chrift, any greater Power of enading and enforcing Laws, than any other Bifhop y and confequently for thefe, and infinite other Reafons, the Confciences of thofc People who are not within the temporal Jurifdi- aion of the Popes, may, with Regard to the Canons made by them, be at Peace. Rule In Canons and Cenfures, 54. i kuLE XVIL Ecclijiajfical La'UJS vjhich are merely fiivhi cannot be miverjal and perpetual. It is not the iDefign of this Rule to fl.ew, that Ecclefiaftical Laws tiiay be abrogated by an Authority equal to that which made them i for that is certainly true of all pofirivc Laws, divine and human : But what is here intended is of much higher Moment^ and Concern to the Confcience $ namely^ that Ecclefiaftical Laws merely fuch, or fuch Laws which do not involve a divine Law within their Matter, muft be fo con- trived, as not to break iu upon Chriftian Liberty^ and muft be enforced in fuch a manner, that the Commandments of Men may not appear to be taught for T^o6irtne, Thefe are difficult and momentous Points, and require a careful Confideration. Ac-< cordingly, I (hall endeavour to explain what is here meant, in fome Refledions upon certain Ecclefiaftical Laws oix^x^Jew-^ ijh and Roman Churches. God commanded the Jews to keep holy the Sabbath Day, to obferve their NeW Moons, and (bme other Solemnities. Now there were many Circumftances relating' to the Obfervation of thefe things, not Vol. IL R determined a 4 ^ Of the Towers of the Churchy determined in the Law. What therefore was doubtful, was to be expounded by their Dodorsi who accordingly made fome Ecclefiaflical Laws, in the nature of Guards and Fences to the Law it felf, that Men might the more eiFedually, be kept from finning againft it. Thus far the Power of their Doctors cer- tainly reached : But tho' they might do this, and might pretend an Authority from God, to interpret the Law, and dircft Mens Confcicncesj yet, when they fall into ridiculous Commentaries, and abfurd and ufelefs Gloffes upon it, neither thp Law it felf, about which their Interpreta- tions were employed, nor that Authority which they derived from God, could fcreen them from the Charge of Tyranny, Cor- ruption, from doing Violence to the Con- fciences of Men, and from laying upon them unequal Burdens. Thus their Raip- bins taught that on a folemn Feajl T>ay, it was not lawful to catch Fifh in their Tonds s but they might Jeize the Hens or Geefe in their Tard. They might not blow the Fire with a pair of Bellows , becaufe that too nearly refembled the Labour of Smiths 5 but they might blow it thro an hollow Cane. Thcfe, and fuch other little Dodrines they enjoined as neceflary to the regular ob- fcrving the divine Command. And our Lord, In Canons and Cenfures. Q 4. ^ Lord, after he had particularly reproved them for that Law of theks, about tbe wafhhig of Cups and Tlatters, adds, there are many at her Things-^ which, no Doubt he undcrftocd to be equally unncccflary, Wc do not indeed find, that the 'P/jari- fees confidered the Points 1 have here nicn- . tioned, as divine Commands 5 but yet they conformed to them as if they were. They thought themfelves the more holy for doing thofe things, and others prophane fgr not doing them: Much of their Religion lay . in them, for they thought them a Part of the divine Worlhip. This was their Cafej and we find our Lord paffed. their Sentence. The other Inflance 1 promifcd was the Law of the R^mifl) Church, relating to the keeping of Lent ,- which certainly was no Law of Chrift, nor fo much as the In- terpretation of a divine Law. Some how- ever of that Church, fay it was enjoyned by the Apoftles ; otiiers of them fay not ; and thefe are certainly in the Right : So that it is merely a Commandment of Men : And yet they teach this for T>o[irtne, For, I. They lay more ftrefs upon it, than upon fome things which are confcflcdly the Commandments of GQi(\, This is lufficiently proved in thofe Words of E- rafmus. He who infiead of Fifh fl)all hut E?i^> ad tafi a little Tork, is dragged to Tunifi- ff ^^' R 2 7ne?^t, ^44* Of ^^^ Towers of the Churchy menty as if he were a 'parricide. If they fee a Man eat a Bit of F/efb, they are ajionijhed! They cry the Church is inT> an- ger I They put MentoTDeathy ^c. 2. They take it to be a Part of the Service of God, not only as it is an Ad of Obedience to the Superiors, but in its own Nature, and without any relative Confideration. They are not Chrijlians who eat Flefh in Lenty fays Bellarmine, This muft be falfe, or €ife, he who difobeys an Ecclefiaftical Law, has forfeited his Chriftanity. This is pro- perly to place the Kingdom of God in Meat andT>rinky and not in Right eoufnefsy and "Peace y and Joy in the Holy Ghofi. 3. They efteem the exterior Adion, the Body, the Element of it to be a Service of Gods and upon the fcorc even of this, reckon themfelves the more holy and better Chri- flians, as is plain from their Contentions about it, urging Reafons to prove the very Faft to be a Sacrifice, a pure Oblation. Beiiar. Fafting it is true, is of Ufe to divers holy iibi.fupra.Purpofcsj but that is all. But the wants of it may be fupplied by other Inftruments^ and in thofe Cafes, Fading in kind, is nei- ther ncceiTary or required. Hope, Fear, Love, Obedience, or the like, which are themfelves Graces, and Parts of the Service of God, may raife in Men all thofe other Graces, which Faftipg was defigned to blefs them In Canons and Cenfures. ^45 them with. Fafts therefore are ufcful only in Order to certain Purpoles, which when they bring about, they are certainly good j but when they do not, they are wholly iu- fignificant. When they are urged upon us beyond their \Jky and for the fake of Fading only 5 if we then mind them, wc return to the weak and beggarly Elements ; we give up in that Inftance, our Chriftian Liberty, which ^'zs Bought with theTrice of the beft EJood in the World. 4. But not only the exterior and inftrumental Aft is taught as abfolutcly neceflary, but even a Circumftance, a Manner of that exterior Aft is likewife fo enjoyned. It is not com- manded that we Faft totally ; but that wc Faft juft in this Manner. You may dine, if you will eat at the Merchants Hours, after Twelve or One 5 but you mufl: not eat Flefh. Sweet-meats you may eat, the mod delici- ous Fifh, or all the Delicacies of Nature, fo you do not touch Fillets of Veal, Eggs, Milk, Curds, Cheafe, or any thing that comes from a Bird or Beaft. Now, what can all this iignify, when it comes to be explained by wife and fober Men, who are able to judge of the caufes and difference of Things ? If Abftincnce and Fading be the thing here required i this fecms to me to be nothing of it. Is the Luft of any Man fubducd, by eating nothing but Fi(h R 3 and 54-6 Of the Towers of the Church j and Broaths for Forty Days together ? It may make him fick indeed, but it is impof- fible, tiiat the Intercft of any Virtue (hould be ierved by it. On the Contrary, Fifh, Broaths, and artificial Difhes, may be too abundantly made for the Flefb to FuU fil the Luji thereof. Fading therefore, in this Senfe, is properly a returning to the Weak and Beggerly Elements of Meats and brinks. 5. That this may be of a Piece with ^he Behaviour of the "Pharifees, in that Folly which our Lord reproved them fori let It be obferved, that the Law about Fad- ing docs in fome Points fo little regard the true End of Fading, and that Fading does fo little ptomoti^the Intercd. of any Virtue, that .they fpend themfelves even in the Circumdances of fome Circumdances in the little Inventions of Superdition, taking Care not to eat a Turnip boiled in a Veflel that had Flefh in it, not to cut their Bread with a Knife that had touched Flefh, and the like. Now, becaufe theft Things are ufeful to no End of Religion, the Law that cnioyns them, cannot but be Foolilh or Su- pcrditious. It it a playing with Men s Con- fciencesi it introduces the woi:d Tyranny in the World, dcdroys Peace, and is the iViO^ unwarrantable of all the Follies which qan be incident jto the wifcr Part of Man- l^iad, 1 mean to thdm who are to govern other? In Canons and Cenfures, 14.7 others. 6. Hence they make an Ecclefia- ftiCcil Law, which is of a relative Ufe and Nature, to be perpetually obliging; which is highly unreafonable, may be fometimes unjuft, and is very frequently uncharitable. To do this is the higheft Infringment upon, the Liberty of Chriftian Churches, a fnare to Confciences, and is, of its own Nature, apt to introduce Superftition, and the O- pinion of dired Religion, into that which is only the Difcipline of it. But this is to be undefftood of fuch Laws . as are intended for Difcipline, but arc bu^*- denfome, of a Nature relative to the Fu- ture and of an alterable Ufc. For if the Laws relate to what is part, and are not burdenfome, but eafy and beneficial 5 if they proceed from ^ a perpetual and unalterable Caufci then a Law may be fuch as ought to be perpetually aflented to, and kept for ever ? thus the Catholick Church obferves the Lord's Day, not in Confequencc of an Everlafting Ordinance; but by a per- petual Confent, and for an unalterable Reafon. No Man can negleft to obfervc that Day, who thinks himfelf concerned to commemorate the Refurreftion of his Saviour, or to fet a part fome Portion of his Time, for the more Solemn Worfhip of God. But ycit, even this is not a per- petual Law impofed upon all Churches ; for R 4 God 94-3 Of the Towers of the Churchy God did not impofe it, and no Man hath Power to do it 5 for no Man's Power lafts longer than his Life: And therefore no Eidiop can bind his Succellbrs by Uny Ca- ^on, uniefs the civil Power Saperveiics ^nd fixes that Law by continuing it. The R^fult of all thefe Reflexions is this : J. That Ecclefiaftical Laws made by parti- cular Churches, ought to have a due Force in their own Diftrifts, and to bind their owi) Subjeds, but may not be impofed by one Church upon another, much \tk may by one be laid upon all. 2. Ecclefiaftical Laws may be enadcd and continued by any Authority, fo long as that Authority, and the Reafon of the Law, fliall Subfift. 3. All fuch Laws in the matter of Meats, Drinks, and Days, arc not to be impofed with a regard to themfclves only, but with a View to their being inftrumcntal towards certain Graces and Virtues. 4. All fuch Laws muft be impofed with Liberty 5 I da not mean with Liberty to the Subjeft ei- ther to obey or difobey, but with Liberty to the whole Church, to alter or continue them, as ftiall be molt confiftent with Pru-^ dence or Charity, with the Interefts of Virtue or the Good pf the Subjeft. 6. If by any means, Ecclefiaftical Laws fhould be enjoined as Dodrincs and Command- inents of God 5 fuch ^xs Injunftion is wholly uplawfujl In Canons and Cenfures. 54.9 unlawful, tho* the Anions to which we are thereby enjoined, are never fo lawful: And if they pretend to a Neceflity of O- bedience, they do not oblige any Churches, but thofe whofc Governours have made fuch Laws, Rule XVIIL Ecclejtafiical Laws of Ceremonies andCir- cumftances of external ObJervanceSy do not oblige the Confcience beyond the . Cafes of Contempt and Scandal. That is, they oblige in Publick only, and not in Private. They do not oblige by any intrinfick Worth of their own, but as they relate to fome other thing of more Importance tWu themfclves. At thofe Sea- fons, therefore, wherein they fignify no- thing, or can be of no Service, they bind not at alii for, whatfoever obliges only that it may do Good, ceafes to oblige when it has npt a plain tendency to that End. The Church of England direds the Prieft, when he fays the Relponfory after the Creed, at Morning or Evening Prayer, to (land up. The Dcfign of this was, that the Peo- ple who were concerned to anfwer, might the better hear ; but if the Prayers wete to ^e faid in Private, or if there were but two or 150 Of the Towers of the Churchy or three prefent who knelt near him it would be ridiculous to fuppofe that the Prieft Sins, if he kneels to the End of thofe Ejaculations. There is a wide Difference between thefe Laws of Ceremonies, and thofe which relate to the matter and Inftances of di- vine Commandments. For the Laws of Governments can change Adions in them- felves in different into the Order of Vir- tue and Vice, if thofe Aftions flan d in any Relation to any divine Command. Thus when Incefl is defined to be a forbidden ConjunSfion of Terfons too near in Blood, the Law by prohibiting the Marriage of Uncle and Niece for that Reafon, can make fuch a Conjunftion Inceft. So like- wife where a Man is permit!^ to kill his adulterous Daughter; to defroy her is as much the Natural A£l of killing as if he had murdered his Father ; but where there is no Law againft it, but the Laws have given her over to Death without waiting for the ordinary folcmnities of Trial i it con- not then be a Sin, becaufe it is not aTranf- grcffion of a Law. Now this can never be faid of the Ecclcfiaftical Laws, of Cere- monies, and Rules of Order: for they nei- ther are in their matter or their own Na-r ture, like to Religion, nor any way rela- ted to it. Nothing c^n be Religion, but what In Canons and Ccnjitres. what God himfclf hath made fo, that which is naturally and internally Religion i as praifing, loving, obeying, confiding in our God, and fuch other inward Adions as we learn from our natural Reafon, and our natural Notions of God. Outward Actions may indeed thus far be made Religion, as they are outward Ads of an internal Grace, as giving Money to the Poor, or worfhipping God with the Body: But even thofe are not Religion when they take their Rife from without, and are not the natural and genuine Exprellions of what paiTcs within. The commands of Men may make thefe Ads to be Obedience 5 but no- thing but the Grace within can give them the Charaders of Religion. Now this can never be the cafe of Cere- monies, Rituals, Geftures, and Ways of per- firming outward Adions. No Power of Man can make thefe to be any thing but In- fiances of Obedience. Our Lord himfelf hath fufficiently guarded Men againfl: any fuch Perfwafion $ and Days, Meats and Drinks, carnal Purities, and other outward obfervanccs, are now by God and nature far enough removed from being any Part of the. Chrijiian, that is of the Spiritual Religion. From hence it follows that in thefe Inftances out Confciences, arc only thus far bound, that we are to pay a great Regard to Autho- rity, ^52 Of the Towers of the Churchy rity,that\vcdonot flight it or by our Difo^ bcdicnce render it contemptible. RuL]^ XIX. Ecclejiajlical Laws tnuft be chu'^Hable and eafj'y and when they are not ^ they do not bind'. The Senfe and Intention of this Rule will eafily be feen in an inftancc from the Ecclefiaftical Laws of Fading, and by an enquiry into their Force and obligation. Let us therefore enquire what Perfons are bound to obferve Ecclefiaftical Fafts and in what Cafes. Now in Order to the clearing up of this Point, we are firft toconfider to what End the Church enjoyns her Faft. If a¥aftbe ap- pointed only to fupprefs Iikontinence j they who have no Temptation to it or have a fuflS- cient Remedy by which they pleafed God, are no further bound by that Law, than in the Cafes of Contempt and fcandal. Fafting Spittle, fays 'Pierius, v/ill kill a Serpent. Suppofing this were truej yet if a Man have a Rod in his Hand which will kill it fooner, that Law wpuld be abfurd to the laft Degree which fhould oblige a M an to kill the Snake only with his Spittle. But if the Church has many good Ends in view in making tn Canons and Ccnfures. making fuch a Canon 5 any one of them is fufficient to bind the Law upon the Con- fcience, becaufe for that one good End, it may be Serviceable to the Soul. And becaufe every Man is concerned in one or more of thofe Defigns of Fading, all are obliged to conform to it uniefs by fome other Reafons, they are excufed. Now they are exempted from the Ob- fcrvations of this Law who are fick and Aveak, or fpent with Labour, are apt to be difordered by it, or hindered in their Em- ployment : Nifi ^em Infirniitas impe- dierit fays the Canon Law. Such as arc in- firm the Law docs except in the very fane- tion, or the publick and authentick Inter- pretations, and common uftgcs of it. None therefore are underftood to be obliged by this Law, butthelufty and idle, the ftrong and the unemployed, But fince fo many good Reafons may be urged, why great Numbers of Men fhould not be obliged by the Laws of Fad- ing, they certainly ought to be impofed very prudently and fparingly, and never but upon great Occafions : The mifchicf of proceeding in a contrary manner is very vifiblein the fierce and heavy Injunction of the long Lent Faft i the Burden of which is fo great, that they who do not think it Relii^ioxi nor a Law of God, nor Part of Divine C 5 4- Of the Towers of the Churchy Divine Wordiip, ufc all the Arts they can to cafe thcmfelves of the Load evading the Law by contriving a new Cookery, and deftroying the End of it by keeping the Letter, buying Difpenfations, repining un- der tiie Preffure, being troubled when it comes and glad when it is over. The Laws of Religion (hould, like the Yoke if Chrift be Light and eafy j fitted to the Infirmi- ties and Capacities of Men : For when they are never fo eafy and reafonable we are too much tempted to flight them, even when themfelves afford us no Temptation to Difobedience. Fading confidered as an Inftrument both of Religion and Health is of excellent ufe and asfuch may be cnjoynedby the Church but as long Fading is very pernicious to the Health of our Bodies, fhe feems to have no Power to enjoyn it 5 and accordingly, the Canon Law forbids a Faft beyond our Strenght. So at the Rife of the Cuftomof Lent it was but a Faft of one Day, or two at the nioft, eating at night. But that in- ftead of a Faft calculated originally not only for the Intereft of Religion, but of Health too, the Church fhould prcfcribe a Diet, an ill Diet, not only unpleafant but unwholfome, and that fo fcvercly, with fo much Danger, and fo many Snares 5 is certainly not the propei' Exercifc of the * Power In Canons and Cenfures, 255 Power which Chrift hath given her ; but of a P<5wer ufurpcd, ill gotten, and worfe adminiftred. It is inconfiftent with Charity; and therefore it fhould not be a Law of the Church: that Men fhould be obliged for fourty Days fuccefllvcJy to abftain from the ir ufual Diet, not to be made temperate but to be vexed and made unhappy 5 is certainly uncharitable and confequent- ly unlawfull. For it is very certain, that all this Trouble is of very little Service fup- pofing Men were obliged to fubmit to it. The filly and the poor indeed are fome- times fufficiently mortified with the Evils of fuch a Change of Diet; if it be fuch a Mortification that Fading is dcfigned to promote : but the Rich can innocently change the fevcrity of that Law into the Ads and Inftruments of Pleafurc. But in Order to a practical Determina- tion of our Confcience in the Enquiry now before us, I fhall only add, that if the civil Power makes a Law for the keeping of Lent, we are toconfider it as made upon fome civil Motives, and muft tiierefore obey it as we do other civil Laws ; but if it be only an Ecclcfiaftical Law, enjoyned by the Spiritual Power only, it then obliges the Confcience no further than it ought to do in the Hands of the Spiritual Power : that is when it is calculated for Good and not for 2^)6 Of the Towers of the Churchy for Evil, with a due regard to Chriftian • Liberty and not at all cnfnaring i when it is juftly recommended, and may rcafon- ^ ably be complied withj then it may be en- joyned and muft be obeyed. Rule XX. Ecclejiaftical Laws muft always promote the Service of God and the Good of Mens Souls i but rnuft never lay a Snare or Stumbling Block for Confciences, The primitive Chriftians^ in their Lav/s and Actions allways kept thefc Words of the Apoftle in their Eye and in their Heart, Let all Things be done for the ufe of edifying. This is more efpecially ne- ceffary in Laws, which have a lading In- fluence upon the Adions of the Church, and are therefore either a lafting Good or Evil to it. With a view to this therefore all Laws and Canons ought to be made, not only becaufe the great End of the Command- ment is Charity, and the Defign of Eccle- fiaftical Government is the Building up the Church in Love i but becaufe the Church hath indeed no Power to make Laws which tend not to Edification : as is plain from thefe Words of the Apoftle that the Power \ In Canons and Ccnfurcs. Power and Authority which the Lord had given to him as for Edification^ and not for ^efiruBion, From hence it follows, i. That Eccle- iiaftical Governors in ail their Conftiru- tions are to take care that the Church be cdJv{yz(\ and built up in fome Grace or other. In the Inftitution ot fignificant Ceremonies, that is fuch as are not mat- ters of order and decency, but merely de- figncd for the Reprefentation of fome truth or myftery ; thofe which are well and wifely chofen, are in their own Nature proper to inftrud. The ufe of Pictures in the Greek or Lytitheran Churches, is fo far al- lowable, as they may Strongly and mov- ingly reprefent a great and good Example to the People; and in this fenfe they may be for Edification : but becaufe they may likewife be abufed to pernicious Pur- pofes, it may not be fofafe to cflablilli the ufe of them by a Law. And tho' iigni- ficant Ceremonies may, in fome Degree, and with Regard to fome Perfons, tend ta Edification ; yet it is to be confidered far- ther, whether the introducing fuch Things, may not be an Occafipn of prejudicing the Church not only ia her Chriftian Li- berty, but in the fimplicity, Purity, and Spirituality of her Religion, by infenfibly changing it into a ceremonial, and out- Vol. IL S ward a 5 8 Of the Towers of the Churchy ward fervice : and where this is appre- hended, they ought not to be maintained in Defiance of any Danger or Offence to which they are likely expofe wife andgodd Chriftians. 2. But when Ceremonial Inftitutions may be innocently ufed, and may be made really ufefull; yet we are to take care that they are not troublefomc or inconve- nient thro' their Number. And here it may I think be obfervcd to the Honour of the Church of Englandy that in all her Offices, (he hath retained but one Ritual or Ceremony which is not of divine Ap- pointment or Apoftolical ufe, I mean, the Crofs in Baptifm: Which tho* it be only a fignificant Ceremony and of no other life 5 yet as it is a Compliance with the Praftice of all ancient Churches, fo it is very harmlefs in it felf, and can be no way troublefome or dangerous to thofe who underftand the Churches Power and Reafons for retaining it. I faid that our Church hath but one Ceremony of her own Appointment: For the Ring in Marriage is the Symbol both of a civil and religious Contra^ft; it is a Cuftom rather of the Na- tion than of the Religion : and as for the other Circumftances of her Worfhip, they are but the Determinations of the Time Place, and manner of performing a Duty. » They In Canons and CenJureSi ni^c^ They h^ve other ufes than bare Sigftifican-. cyj they were not made for that, but foir order and Decency, for which there is an apoltolical Precept, anatural reafoh, and an evident Nccefllty. Biit if befides thefe ufes they are alfo Significant i that is fo far from being a Rcafon againft them, that it is really an Advantage to them. 3. Ecclefiaftical Laws are not then for Edification, when they give offence to wife and good Men, to the Lovers of Peace and the Obedient to Government: That is, when there is fo much real Evil in them, or fo much caufe of Jealoufy from which they Law given cannot free them, that even the good and complying Principles of good Subjefts cannot fafcly give them Entertainment. But of this the Lcgiflators ought to be judges; and if they infift upoa them when there is fufficient Caufe for laying them afide, tbej^ Sin againft their Brethren^ and they Sin againft Chrift. How- ever, the Laws thcmfelves do not bind, if the Objedions againft them be juft, reafon- able, and fufficient i which whether they be or no, the Church Rulers will judge ac prefent, but God Ihall judge at laft, the mean while there can no other Rule be given, but that the fuperior and Inferior endeav- our by all the . Methods of Prudence and Humility, to make each other eafy. But if S 2 it a6o Of the Towers of the Churchy it fhould Co happen that One or other mufl ycildi tho' the Subjed may fay he has Reafon 5 yet it is certain the Superior has Authority. But ftill, even the fuperior mufl: this far yeild, that he muft not Co much confidcr what he may do, as what he ought to do : His Heart muft rather be filled with a lenfe of Charity, than of Power and Empire. 4. Ecclefiaftical Laws which encourage, adorn, and heighten our Zeal to the fervice of God, are proper Inftruments of Editi- cation fo long as this ^Defign of them is not perverted. Thus the ufe of Tfa/mody,- becaufe it raifcs the AfFedions and makes Religion pleafing to more Faculties, is very proper for the Edification of Churches. In- ftrumental Mufick, as it heightens the melody, may be alfo of ufe to raife our Ardour; but if it is not regularly and grave- ly managed, it will eafily change the Warm- ths of Religion into the Pleafures of Air and Fancy. It may lead and inftrud the Voice, and fo may be ufed : but ftill it is but a Friend's Friend to Religion, and cannot have fo near a Relation to God's Service, as Mufick merely vocal. How^ evei;, if it be confidered as an Help to Pfal- mody, it certainly * ought not to be con- demned. But when Pfalmody which is re- commended to us by^the Pradicc of Chrift and In Canons and Cenfurcs. a6l and his Apoftlcs, becomes rather an Art, than an inftance of Religion, and fcrvcs Pleafure rather than Devotion, as it fome- times does s when it recedes from that na- tive Simplicity and Gravity by which it raifed the AfFedions of the Church for fo many A^es ; when it's Compofition is fa accurate and nice, that none but Muficiaas can join in it, and the Words are not fo recitative as to be underftood by them who do not Sing: Then all wife andfoberMen may juftly condemn it. 5. Tho' Evangelical Counfels when they are obfervcd, tend greatly to the Glory of God, and the Edification of the Church , yet it is not for Edification that they be enjoy ned, and therefore are not a proper matter for Ecclefiaftical Laws ; and the Reafon is all that Wifdom which deter- mined God not to enjoyn them, even be- caufe all Men a^^wwoi receive thofe fayings^ and few Men will receive them. Evange- lical Counfels, when Men are not left to their Liberty concerning them, may be- come a fnare, not only becaufe they are fometimes great Violations of our Defires, or Invafions of our lawfull Interefts, and therefore to be received only by a few, and after much Experience of their firength i * but alfo becaufe tho' they are in themfclves £xcellencies, yet in fome Circumftahccs, S 3 they ?6a Of the Tozojers of the Church j they may deftroy another Duty. So giving all our Goods to the Poor," makes us in- capable of providing for our Relations $ and a State of Coelibacy expofes Men to a continual uitulation. For thefe Reafons, thofe Churches which cnjoyn Coelibacy to all their numerous Glergy, behave unrcafonably and uncha- ritably. They have no authority to make fuch a Law: and if they had, they ought not to make it becaufe they cannot jufti- fy themfelves in laying a Stumbling Block, and Stone of Offence in their Brother's Way. I. Now that this Law is a Stumbling Block, and Stone of Offence, and therefore a Snare of Confcience, may be abundantly proved from the Experience Men have all- ways had of the pernicious EfFe£ls of it. Piatin in Even ^^yEncas Sylvius^ who was afrer- Vit. Pii 2. ^^^-cis "fope himfejf, owned, that tho' the Coelibacy of the Clergy was at firft en- joyned for good Reafons i yet now for much better Reafons, it ought to be dif- continued. And in Fad the fcandal it occafioncd, was fo great and fo univerfal, the Stories fo vile and intolerable, their _ Adultery fo frequent their Luft fo intcrn- peratc and evident, that the Clergy became the Jcft and Contempt of Sots and Bu|FoonS;, and the Pity and ftiame of Wife and vertuous Alcn : 2. Bvit In Canons and Ccnfures. 263 2. But this Law is likcwifc an intole- rable Burden. Tliis cannot be doubted by thofc who confider, that in all the Laws of God, nothing is ib difficult to be obeyed as this Law of Men; and which, without the Gift of God, it is impofiblc to obey. To prove this 1 need not urge the Stories of fome Saints, who by the Sollicitations of their nature have dangeroufly fallen j nor that the State of Youth, in which many take holy Orders, is a State of Flames and Dan- ger ; and that St. i/zrr^;;;^ complains in his ^ .^ ^^ own particular Cafe, that when he was chroiu young he loft the Glory of his Virgin Body : But I obfcrve, that thofe Pcrfons who have undertaken this Task, notwith- ftanding they were endowed with eminent Graces, and were Perfons of uncommon and exemplary Piety, yet they could not preferve their Virgin without allmoft de- ftroying their Body. Evagrius thePrieft ufed to go down into a Well in a Winters Night, and St. Bernardintoz Lake to cool their Burnings. Now were not that Law intollerable that fhould oblige all Eccle- fiafticks to have Recourfe to fuch Reme- dies } And they who have not the Gift of Continency, muft do fuch Things or worfe. It is eafier to give our Bodies to be burnt for Religion, than to live innocently in a State of perpetual Burnings : and fuppo S 4 fi"S 7$^ Of the Towers of the Churchy - fm^ the Saints now mentioned did by thofe violent Remedies keep their Bodies from Pollution i yet it is not certain that they chofe the better Part when they chofe a State of Uftulation before Marriage 5 di- rcdly againft the Words of the Apoftle, who not only faid it was better to marry than to fornicate, but that it ^^^iS better to marry than to barn, . It is fufficicnt that God hath provided a Remedy that is cafy and efFedual to thofe who love him 5 and it is bcft for Men to ufe the beft Remedy, and prcfcribed by aPhyfician who bcft knew their wants. . 3. But after all, Virginity in itfclf is nor more holy than chaft Marriage ; the one does not advance Religion more than the other dircftly, but only accidentally, in fomc certain Circumftances, and as an Inftrumcnt fitted for Ufe in it's own Time. pe.vir^-For as St. Auft'tn has well obferved, St. "^ x^! 'P^^^^does modejlly dijfuadefrom Marriage not as from an Evil but as from a Bur den. Nor was his Advice to reach to all Times, butcal-. culatcdonly for the prcfente Neceflityi nor did it then concern the Clergy only, but all ChiifTans > nor was it given with a view to Religion, fo much as to Convenience 5 nei- ther was it from the Lord, but from himfelf. Far M^T^^i^g^ is honourable among all Men and the Bed undefiledh but Whoremongers and Adulterers In Canons and Cenfures. s 6 5 Adtiherers God will Judge, St. Iguatms^.^'^hi' lays, that they who call the Society of^^'^* Married Pairs Corruption and TollutioUy have the Devil, the great Apoftate, dwell- ing in them. For what Condition of Life can be purer than that which is unde- filed ) And from whence can we better take the Meafures of Purity, than from the facred Scriptures the Springs of Salva- tion? And tho' it be true, as St.Taulfzys that the Alarried cares for the Things of the Worlds but the Unmarried for the Things of the Lord y the one^ how he may plcafe his Wife, the other how he may be holy in Body and in Spirit j yet this is fo far from difparaging holy Matrimony, or making it lefs confw ilent with the Dignity and Duties Ecclefi- aftical, that there cannot be in the World a ftrongcr Argument to the contrary. The Married Perfon hath indeed more Wants, more worldly Affairs, more Relations to look after, which ifhe diligently endeavours to provide for, he'muft indeed undergo fome Secular Trouble i but then he hath done his Duty, and is fafe. The Unmar- ried hath none of thefe Cares lying upon himi and therefore, may more clofely apply himfelf to his Employment, in Evan- gelical Miniftrations. His Care, which lies in another Scene, is a good Care indeed, but a 66 Of the Towers of the Churchy but is very great and tender, and hath in irvery much Danger. His being Unmar- ried will be of no Ufe to him, unlefs he remain fure in Body and in Spirit^ that is, unlefs he be free from unclean Defires, as well as unclean Adionsj and how great a Care is neceflary to this, I need not fay, becaufe thofe who have tried it, know. But now, this Care the married Man need not know any thing o£ He has a Remedy provided for him by God j and without that Care, may be holy both in Body and Mind. His hardeft Province is, how to pleafehis Wife, and take Care, of his Relations; but his Affairs are fo or- dered, that the difficulties he finds in plea- fing God, are much lefs than thofe to which the Unmarried are expofed. And tho' in that Conjudion of Affairs, in which the Apoftle faid fo many great Things of a An- gle Life, and in refped to the beginning of a Religion which was to be perfecuted, in which many of its Members would be forced to lead an ambulatory Life, fufFer the fpoiling of their Goods, and be thrufl from their Habitations : I fay, tho' the A- poftle in regard to thefe things, had great Rcafon to take Care that their Difciples fhould not, by too heavy Misfortunes, be tempted to forfakc, or be vexed out of their Religion: Yet, without that Confi- deration, which at ^his Time, is of no Force In Canons and Cenfures. a 67 Force, the Married State is much more fe- cure for Mens Souls, and for that Peace of Mind which is always found in cliaft Marriages, but never in a fmgleLifc, with thofe who are perpetually ftruggling with a dangerous Enemy, and who is not always put to the word. Rule XXI. ne Cat Mick Church is a WitnefsofFaih^ and a Record of all necejfary Truths ; hut fhe is not the Ruler of our Creeds that is, fhe cannot make any Laws of Faith, In our Enquiries of Faith, we do not run to the Catholick Church for our Deter- mination ; but to her we run for Condud, by enquiring w^hat flic believes, and what flie hath .received from Chrift and his A- poftles ; fo that the Authority of the Ca- tholick Church, is indeed refolved into Catholick Tradition. Whatfoevcr can from hence be made appear, to have been by the Apoftles taught and configned to the Church, that is a Law of Faith. The Catholick Church, including the Apoftolical, or in other Words, the Church of all Ages, is a Witncfs beyond Exception. For if flic be influenced by the Spirit of God, if flie loves a 68 Of the Towers of the Churchy loves truth, and docs not confent to de- ceive herfclf, flic cannot be deceived in attefting to Matter of Faft, and adlual Tra- dition i or if Ihe could be deceived, yet we are excufed in following her Teftimony, bccaufe it is the beft and only Guide we have. But when this is reduced to Pra- ftice, it amounts only to thus much, that (hz bears Witnefs to the Scriptures, that they arc the Word of God, and that fuch arid fuch Parts of them, were originally fo or fo underftood. But beyond what is contained in Scripture, fhc can make no Article of Faith. From hence it follows, . that all her Explanatians of Dodrines, muft be guided by this Meafure $ if fuch an Ex- plication be agreeable to Scripture, fhc hath then received itj but if fhe hath not received ir, (he is not to make a Dodrine, nor advance a Propofition authoritatively $ nor can fhe oblige the Confcience. But there is the lefs need to infift longer on this, bccaufe it can be of little Ufeto our Conduft. For, whenever any Difputes arife in the Church, there is now no Ca- tholick Church, fuppofmg that might thus oblige us, which we might have Recourfc to. If wc fuppofe that to be it, which confifts of the greateft Number, we may be very much deceived, fmce at one Time almoft all the World was Arian. ' ^ But InCanons and Cenfure^. a 6 9 But that we are to expedl from the Ca* tholick Church, no other Determination of our Enquiries, but by conveying to us tiie Notice of the Apoftolical Dodrines, has been largely taught by fcveral of the mod eminent Fathers, as by ^ Iren£us, St, Clement m ^ Eufebius, ^ Tertiillian-i ^ Ori- geriy St. Ciprian, ^ &c. That they confi- dered as true, and as a Meafure of Faith, which was clearly derived down to them from the Fountains Apoftolical, Rule XXII. The IDecrees of general Councils are very ufeful in the Condu^ of Confcience ; but not the proper Meafure ^ or laft "Determi- nation in Matters of Faith. Nothing can oblige to divine Faith, but a divine Authority j to which Councils can no more pretend for their being G^/z^r^/, than for their being only Provincial i and to which, large Affemblies have no more Claim or Pretence of Promife, than the private Congregations of the Faithful, who, tho' there are but two or thr^e gathered to- gether, a Lib. ^ C. 40. bLib. 3. C. i2. c de Prscfcript. et con. Mar. d in Proem. Lib. i. mifi etp-^. e Epift. ad Pomp. 070 Of the Towers of the Churchy gether, (hall yet be affifted by the divine Prefence. But tho' general Counfcls are an human Inftitution, and fo are not formal Judicatories, endowed with legiflative Pow- er in matters of Faith, and Confequently, cannot, as legal Judicatories, oblige any but thofe who doconfent, and fo oblige them- felves 5 yet they may be of great Ufe, for Inquiry and Confultation. In the Multi^ tude of Counfellors there is fafety. Num- bers of Men are more likely to difcover Truth, than fingle Perfons 5 and they arc not fo cafily prejudiced or corrupted. Wc may, no doubt, receive great Benefit from the firft and moft ancient Councils. They could certainly trace all the new Pretences up to their Original, they difcufled the Do- ctrines in their Provinces, they heard \f hat any one could fay, they conveyed it to the general Aflembly, compared it with the Dodrine and Tradition of other Churches, and altogether were certainly able to tell how the Apoftles had taught the Churches of their Foundation. But we are not to follow the Decifions even of thefe, as the Sentences of an infallible Judge, but only d«s n d ^^ ^ %oodi and authentick Witnefs. And ° To St. Athanajius obferves of the Nicene Council, that in the Affair of Eafter^ as it was a Ritual and a Circumftance of Or- der, They decreed^ that every one foould * Obey; In Canons and Cenjures. a 71 Obey : But in matters of Faith, they did not exprefs themfehes fo as to imply, that they obliged every one to Obey, but in this Manner, the Catholick Church believes:, and then they adjoined the ConfeJJion of Faith ^ to fhezv, that the TioElrine was not new, but Apofiolical Rule XXIII. Sub for ipt ion to Articles and Forms of Cm- feffton in any particular Church, is wholly ofpolitttal Confideration. When Forms of Confeffion arc made, and publick Articles are cftablillicd, it is of great Moment, not only to the Glory and Reputation of the Government, but to the Union and Peace of any Chriftian Com- munity, that they be not publickly oppo- £q.^. Hence we find fo many Subfcripti- ons to the Decrees of Councils, by Princes, Prelates, and other Magiftrates. It was an Inftrumcnt of Unity and Peace, and is not to be condemned, unlefs it be required to a falfe Article, with Tyranny over Con- fciences, and to' fupport a Faftion. One great Part of the Governour's Charge, is, to take Care that no new Religion be in- troduced to the publick Difturbance,- and tp this End Subfcription was invented, which aya Of the Towers of the Churchy which if it be required by the Supreme Authority, it may be demanded, in Order to the fecuring Unity and Peace. Men however fhould proceed warily upon this Occafion. For, tho' when Articles are framed, the Members of the Church, ought to Subfcribe them for publick Peace, in Cafe they fincerely approve them j yet fuch Articles ought not to have been im- pofed, unlefs they are in themfelves ne- ceflary and plain, from a divine Com- mandment. Thofe Articles which it is nc- ceflary for Men to believe, the Supreme Power may Command them to Subfcribe y but if God hath not Commanded us to be- lieve them no human Power can oblige us to profefs them. When therefore Articles are eftablifhed, where they are not neceflary, Subfcrlption to them iliould not be Tyrannically requi- red. When there is no Ncceflity of Faith, no publick Needs to be fcrved ; the Cau- fcs which befides thefe introduce Subfcrip- tion, are only fond Perfwafions, indifcreet Zeal, and Ufurpcd Powei; over Confci- cnces. C H A P« the Towerwf Fathers of Families, ^73 C H A P. V. Of Lia"jt)S T^omefiick ;. or^ the T^ozver "which Fathers of Families: hkvc^ ■ ' to bind the Corfciep^s. (ff^^ their ['Rela-' tives. Rule I. Children are obliged to. Obey the Laws and . Commandments oftbeittPdrents^yin all things T>omeftical, . and in all . a^lians Terfonalj relating to- the 'Familj^ dXydorie within.it, ' iusisxl ■:'\ ^CT■ THE Word of tht Gotiimandmeiit/is "yy2> which fignifies t6 be, QX\make weighty: But in Tiel'ix Cxgma^s- tolhpmuT'^ y that is, honour y our. "p armt S, ^nd:<^x:f/j'igt lightly cftecm them. •Butv£^'$^'r^ xjXi -i- the Word is j^n*, fear thy Mother and thy Father. They both intend the fame Event of Things s a Reverential Fear is but ano- ther Word for Honour, and they each of them equally imply Obedience. But it As not the Commandment only which obliges Children to Ihew this Honour and Reve- rence to their Parents 5 but Reafons of Gratitude have likewife, in all insenuous Vol. IL ' T " Minds ^74 Of haws Domejltck ; or^ Minds, a mighty Force to that End. The natural Neceffities of Children, their ina- bility to help themfelves, their having been liable to every Evil, their Defcnflefs Con- dition, the Infirmities they laboured under, thro' want of Knowledge and Experience j all thefe Evils, I fay, having been provid- ed againft, by the Care and Tendernefs of the Parent : He has hence a much ftrongcr Claim to thc^Dutics of Honour and Obe- dience from his Child, than from fuch Ties as were purely natural. The Neceflity of paying this Duty to our Parents, will farther appear to thofe who conflder the Power of Blciling and Curilng which God hath given to Parents, and which Himfelf, by his Providence, will verify. The Father s BleJ/ing, faith the Son of Si- rachy ejlablijheth the Houfes of Childrerty but the Curfe of the Mother rooteth out Foundations, And St.^au/, admonifhing Children to Obey their Parents, fays, it is the firfl Commandment with Tromife, L e. the Jirjt to which a Promife, that of Longaevity, was annexed. In fhort, as to the Duty it felf, nothing, I think, can be more evident: But there is much Difficulty in fixing the Limits of the Power which Parents have over their Chil- dren. If St. Vauly when he bids Children Obey their Tarents in all things^ nieantali » things the Tower of Fathers of Families. 275 things in an abfolutc, utireftraincd Senfe, there would indeed be no Difficulty in im- derftanding him, but it would be infinitely difficult to obfcrve this Command of his, and reconcile it with our other necelTary Duties and juft Intercfts.. The general Mea^ fures therefore, of our Reverence and Obe- dience to them, are, that all thcgood Coun- fcls and Precepts of HoUnefs and Wifdom which our Parents give, it is abfolutely nc- ceflary for us to oblerve. The not obferv- ing thele, is a Sin againft the Special Com- mandments, a Sin of Difobediencc, and a Rebellion againft the Father's Authority, R u L E It Fathers have a Tower to chajlife their of- x fending Children, but not a Tower of Life and T>eath, If againft this Rule, the Example Judah fiiould be urged, who commanded his Daughter Thamar to' be brought forth, and Burnt for her Adultery : It may be faid that this was done, in Confequence of his Su- preme Paternal Authority. He is here to be confidered as a Patriarch, a Judge, the Head of a Society, and under the Com- jmand of no Superior 5 and irr Fact, the Ta. Taternat 2^6 Of Laws ^DomeflickyOYj Maternal was the Fountain of the Regal Power. . Afterwards in the Law of MofeSy God did not take any thing from the natural Power of the Parent over his Child, when he permitted the Judge only to declare and execute the Sentence of Death, For if a Father found his Son Stubborn, rebel- Jious, and difobedient, a Glutton or a Drunkard, which are perfonal Crimes, and afted againft the private Authority and Counfel of the Father j the Parents might accufe him, and upon their Accufation he was to be Stoned to Death. Therefore, tho' Fathers had not the Power of putting to Death their rebellious Children j yet they might demand his Punifhment from the Prince, who was to proceed Summari- ly and merely upon the Father's Inftance. But inftead of thisExcefs of Power of the Father among the Jews^, Chriftian Parents have only a Power of chaftifing for lelTer Crimes, .or of Difinherifon where they arc great, andobftinately perfifted in. That Chil- dren are to Submit to the Animadverfions and Chaftifements of their Parents is the Voice of Nature, of all Nations, of ScHp- ture, and of right Reafon : But the mca- ' fures of them are* that they are inflided only in Profpcft of Amendment, not from motives of Anger or Revenge 3 that they be the Vo'wer of Fathers of Families. a 77 be applied with Charity and Moderation, as is intimated in that Diredion of St. Paul Tarents provoke not yotir Children to Wrath, A Mafter Governs by Fear 5 but a Father fhould rule by the gentler Me-, thods of Love : but if he will ufe the Se- vere, he hath Authority to do it, and. right or wrong he muft be born with, till the Evil become infuflferable; and even then he muft not avoid it, but with Re^ verence and Regard to his Fathers Honour. For there is no Juftifiable Remedy againft a Father's Tyranny, but an Appeal to the common Father,^he Chief of all the Tri- bes and all the Families. Rule III. A Father hath Tower over the Goods and Terfons of his Children, fo as to be main- tained by the?rt, « The Lawyers define xhcTaternalVo^tt to be a Mans, full Right upon his Son, and his Sons Goods, introduced by Laws and Cujioms. Now this Right may be altered by the civil Laws of any Nation j; that is tho' among the Romans, whatever the Sou got, he got it not forhimfelf, but for his Fathers yet this may determine fooner or later according to the Laws of particular T 3 Countrlesi ^7^ Of Laws ^omejlich I or^ Countries; for the Heir fo long as he is a Child differ eth nothing from a Servant^ and therefore if the Law fees fit, he may be ufcd accordingly, and the Confcience will accordingly be bound. But it is a natural, and neceffary Duty, and wholly unalterable by Laws that Pa- rents be maintained by their Children if they need their Support: For this is con- tained in the Commandment, and is Part of the Honour which is their Due. To this Purpofe are thofe Words of St. Am' brofby if reproaching the Father and vili- fying the Mother, be puntficd fo feverely ) what fhall their Starving, or Suffering them to beg, be? Such unnatural Behayiour was fo very detcftablc among the Romans, that they made a Law that if a Son emancipa- ted or freed from his Father's Government, fliould deny Sufferance to his needy Parent he fhould be reduced under his Father's; Powcf and fo remain for ever. By thisln- ftance however it appears, that this is no Part of the Father's Power, but only a ne- ceffary Aft of the Son's Piety. For between Father and Son there is a threefold Band or Tie, that of Reverence, that of Cafti- gation, and that of Piety. The two for- mer are the Father's Authority, but the latter gives the Father no Right, but binds fUe Son dircftly. Buc then it muft be ob- fcrvcd^ the Isomer of Fathers of Families . 079 fcrvcd, that this Obligation is only confir- med by civil Laws, but is previoufly ne- ccfiary by the Laws of Nature. For a Child is obliged to keep his Father from Starving, tho' he were an Out Law tho' he have forfeited all his civil Rights; becaufe no civil Law can take of the Obligation of a divine Command. And tho' a Parent fhall have fo far negledcd the Education of his Son as not to have put him into a Way to live 5 the Son is only the lefs obliged to him : Something clfe muft be confidercd befides the Advantages of Education ; the Father was the Principle of his Being ; and fmce in that he can never be requited in Kind, let him therefore be paid in Duty, Rule IV. The Father's Tower doth not reach to mat- ters of ReUgiorh and Terfwafions \of Faithy In Infancy indeed, and fo long as the Underftanding of the Child is naturally in the Father's Power j he may direft and. oblige him : But when a Son can chufe for himfelf, when he is capable of Malice or Pcrveffenefs when he may bejudged by external and publickLaws, then he is freed and emancipated, and confequently may T 4 chnfc Of Laws Domejltcky^y\^r chufe his own Religion i and the 'Fathers Powei; in that Point reaches no further thcf>'.Inftvn^ion,and Perfwafion. TheGo- vpnment of Children; is like the Govern- ment of the Sick, or diftrafted : It is a Erote(5tion of them from Harm, and an Ii^flitution of them in, obedience to God and the King 5 and therefore the Father niLift rule the Underftanding of his Child, tijl it becomes fit to be ruled by the Laws qfGod. So that the Father's Authority to the Underftanding of his Child, is but as. a , falfe Arch or temperary Prop to a Building, put ufider it till it can ftand alone.. A^hcn therefore a Son is of Years to chufe for himfelf, he is no longer under any human Power fince God only is Lord of his L^ndcrftandijig* -A. Son therefore is not difobedient if h& changes hi^ Father's Reiigion, or refyfes .tp follow his Father's ChancLe, for the .Father cannot be difo- beyed in that wherein he hath no, longer any Right or Authority. ■Cut; .here we niuft carefully obfervc that the; different Religion, of the Son muft upon no Account prejudice the Father's civil Rights ; that he muft not, for Inftance quit hi's Fathe;:'s Houfe> if he be under his Power, : and by. the -Laws >of bis Country, pbliged to be fo. No good Religion can warrant the Tower of Fathers of Families. a 8 1 warrant the Son's injuring the natural or civil Rights of his Father. R u L E V. T^e Fathers Tower over the Children can remit an Injury done to theWy with- out their Leave or confent. The Reafon.of this depends upon fome former Confiderations. As long as the Son is under the civil Power of the Father, as long as he lives in his Houfe as fuch i he is fubjed to his Command, and is fupport- cd at his Expence 5 he hath no diftind Rights of his own, but is as it were. Part of his Father's Poffeffion. But this is to be limited only to the EfFeds of Law, and external Courts and Trials of Right or external Adions of In- jury. For tho'.a Son cannot recall what ^ Father hath legally acquitted j yet if it be a perfonal Adion, in which Charity and Peace are concerned the Injurious Per- fon is obliged in Confcience to ask the Son Forgivcnefs upon the Account of St. TauH Woxds follow Teace with all Men^ and as much as lieth in you live peaceably with all Men 5 which he can never be faid to do, who hath done wrong to another, and will not do him Right i fo that all the legal aSa Of Laws Domeflick ; or^ legal and external Obligation the Parent may remit, but where it is perfonal there the Son hath fome thing of proper Con- cernment. If the Son's Wife commit A- dultery, tho' he be in his Father's Power by Law yet the Father cannot remit the Crime : For as to all perfonal Aftions, the Son hath a perfonal Right, and fuch things have often a near and neceffary Relation, to fome Laws of God and Nature, and there- fore arc not to be changed or governed by civil Laws. But this Rule is always fo to be under- flood and pradiced, that it be no Preju- dice to the juft Interefts of any other. A Parent therefore cannot fo remit an Injury done to his Son, that he fhall be obliged not to witnefs it in publick where he is called upon to do it by the civil Power : For it may be of Moment to the Government that the Criminal be punifhcd, tho' the Father may have his Reafons for forgiving the Injury done to his Child. Rule VI. the Tower of Fathers of Families. cj 8 3 Rule VI. A Fathers Authority cannot remain after hisDeath i but the Sons Tiety to his Fat her mujl abide y andmayindire£ily lay him un- der fome Obligations, Tho' a Father's Authority dies with him, yet his Memory does not 5 and Piety may in many Inftances be|{hewn to the Dead, and to Parents more efpccially. In Things therefore that are pious or prudent, inno- cent or indifferent, theDefire of a Dying, as well as the Good Advice of a Living Father, ought to be efteemed facred 5 and tho' it makes no Law, yet it paffes upon the Child an indireft Obligation 5 that is if they be tranfgrefled without Reafon, they cannot be tranfgreffed without Impiety. It is very certain from the Cafe of the Recha- biteSy that God is pleafed with this Obedi- ence of Piety. Such Adions are exempla- ry in a Family 5 they render the Name of Father Venerable and Sacred. Sometimes the Negledl of a dying Parent's Charge, hath been attended with fatal Confcquen- cesi and Difobedience hath in the Event of Things proved a Rebellion againft the greateft Reafons, which fometimes ought to be prefumed the greater, for their being carefully 12 8 4 Of haws Domeflich yor^ carefully concealed. Tho' therefore, the Son is not always acquainted with the Rea- fons of a Charge given him by his dying Father 5 yet he ought to"pay it the ftrideft Regard, efpecially, if the Parent gives it upon his Blclling, and with great Impreca- tions. For, unlefs he confiders his Father as a Trifler, he ought, to fuppofe he had fome great Reafon for thelmpofition ofit> and then, nothing can juftify the negleding it, but a great Neceffity, • or a very great good, and certain Reafon to the Contrary 5 that is, fuch a Reafon, as may render a contrary Behaviour, infinitely unlike any Image of Impiety or Difregard. But here Parents likcwife ought to be Prudent and Cautious, and not put a Load of Duty upon a Trifle that cannot bear it. For that Man triflles egrcgioufly, who charges his Son upon his Bleffing, to make much of his Sparrow or his Monkey i and that Son fets no Value upon his Father's Bleffing, who will hazard all the EfFefts of it to pleafe a filly humour, or an Itch of Liberty. Rule the Tower of Fathers of Families. 285 Rule VII. Neither the Father s Authority ^ nor the ' Son's 'Fiety, can oblige them to do an A- Bion againft the Laws of God^ or of the Father s^ and oiirjufl Superior, Tho' this Rule fcems to contain nothins; but what is generally confefled, fince God is to be obeyed rather than Man, and the Supreme among Men, rather than any one inferior to him ; yet I have chofen to in* fert it, becaufe an Explication of it will not only contain one great Meafure of our Duty and the Conduct of Confcience, but will alfo fct forth the full and general Pro- portion of the Father's Power, and the Son's Piety, and may likewife heighten land encourage the Piety and Obedience of Children. Let it therefore be obferved in General, that in all thofe Adions, which are Good, tho' at this or that Time, it be not necef^ fary that they fhould be done ; and in all thofe Aftions which are not properly good, if at the fame time they are not naturally Evilj the Child muft obey, and fubmit to the Authority of the Parent. Adions good in themfelves, tho' not neceflary, by the Command of the Parent become Necclfar}^ : And a 86 Of 'haws 7)omeJiick ; or^ And thofe which are not in themfclves good, by being thus commanded are made good, and confequently ncceffary. But in things impious and difhoncft, the Parent ^ hath no Power to command 5 and if he does command, the Children are not obli- ged to obey. If the Father bids the Son marry a Wife, or do any indifferent thing, he muft obey -, but if he commands him to marry an Harlot, or do any thing, wherein there is any Degree of Turpitude, the Adion by ceafing to be indifferent, . frees the Son from the Father's Power in that Inftance. And yet, if a Parent commands an uri- juft Thing, his Authority is not wholly Nothing. For tho' it muft not be fubmit- ted to, in this Inftance, yet it muft not be difhonoured, nor rejeded but with great Regard. When a Son refufes to obey his Father's Commands, it muft be done with the Language of Obedience. For, be the Command what it will, the Authority cer- tainly is venerable; and be it never fo un- holy, yet the Perfon who gives it, ought to appear Sacred in the Eyes of the Son. The* therefore, the Command muft not be fub- mitted to in things difhoneft, yet that cveiv. then the Father's Authority is underftood, to require fome Regard, appears from hence J tliar if a Son tranfgreflcs a Law at » the the Tower of Fathers of Families. ^87 the Command of his Father his Punifh- ment, tho* his Offience be great fhall be mitigated upon that Account. /. Fm : Je Bon : T)amn : The Parent's Authority likewife reaches fo far upon his Children ,• that if the Fa- ther docs wrong, \hc Son muft bear it as long as it can be born. For if a Son might cafily contcft his Father's Power, he might by Degrees break in upon all Duty, and lay open the Enclofurc which nature and the Laws have made with Fear and Reve- rence. The Son therefore ou2;ht not to delate his Father to the Judge, but by the Permiflion of both their Superiors. He muft not throw of his Burthen, till he can bear it no longer 5 and when he gets from under it, he muft not throw it down as an untamed Horfe does his Load, but muft lay it as gently down as he can. But this is to be underftood of the Son when he his under the Father's Authority, which is what the Lawyers intend by the Power of Caftigation : But when he is emancipated and quit from his dired Authority, the Son hath then diftinft Rights of his own, in which bccaufe he may be injured, he may proceed in a different manner. But tho* a Son thus freed, may by Law* defend himfclf againft the Injufticc of his Parent, and cannot properly be charged with «88 Of Laws ^omejiich -y oTj with Difobedience for fo doing ; yet there may be good Reafon for qucftioning his Piety. Contefts at Law are very fcldom managed with ordinary Charity, and never without much Reproach on one Side, and Scandal on both. He ii^ho will not piouily overlook an Injury from his Father will never forgive thofe he receives from other Men; but he who does not both, w^ill give but a Sorry Account of his Chriftianity. Rule VIII. It is not lawfidl for Children to enter in- to any lafting Cotirfe of Life againjl the .will or Approbation of their Tarents, There are two great Cafes to be confi- dered under this Rule: The firft, concern- ing fome States of Religion 5 the other, concerning fome States of civil Life. I. It is not law full for Children to take on them Religious Vows, or to enter into any of the States of Religion, as they arc called, that is to take on them the State of Single Life, to become Hermits, Monks, or Friars, withgut the Confent of their parents. The plaufible Pretences which are ufually urged in Oppofition to this, as, the greater Sanftity of a Monaftick State ; that to ferve God, po Man need ask Leave 5 that , the Tovuer of Fathers of Families. [281] that if the Father be Superior? God is Su- preme; that Religion is preferable to all things, and the like i I fay, thefe Pretences may eafily be obviated thus 5 that Religion and Piety cannot of themfelves interfere with each other, but may very well ftand together, and nothing can be better than the doing a neceflary Duty. Now, there needs not much Thought and Study to fay which is better, to make our Love and our Duty to God and our Parents confiftent, or repugnant to each other. God, as he hath not made one Duty inconfiflent with another, mod certainly intends the fojrmer. If therefore it be poffible to do our Duty to our Parents, and love God greatly at the fame time 5 there needs no more be faid on this Occafion, only that it be re- membered, that a Man may greatly ferve God, without becoming a Friar or a Monk, and that it is certain, that no State of Per- fcftion ought to be promoted by doing Evil. Now, this wc are abfolutely certain of, that Parents have the firft Right, and the firft Poffeffion 5 that to difpoffefs any Man of his Rights againft his Will, is great In* juftices and that therefore no End can fan- £tify the doing it. That would be a flrange . Religion, which would recommerii Im^ ( T ) piety Of the Interpretation^ "DtminutioUy only for this Reafon, that the Laws had made it Death for any Man to draw a Sword upon the Prince. The Law never intended to make fuch an Adion Death, as appeared abfolutely neceflary to fave the Prince's Life. Such equitable Interpretations are princi- pally neceflary in the Maitter of Penal Laws. For in Cafes of Penalty, not only the Charity, butthejuftice of Laws requires, that the Subjeft be neither enfnared by an unguarded, or obfcure Letter, nor oppref- fed by an unequal Punifhment. The pri- mary Intent of Laws, was not to take a-» way the Life, or the Goods of the Sub- jed, but only to keep him innocent, to reftrain him from doing that which the Law would not have him do. There are three general, and ufeful Mea- fures for finding out the Intent of the Words of Laws, and giving them a more cafy and equitable Meaning, when the Grammar, or common Ufe of the Words themfelves, is not fufficiently explicite. I. That is the S>zvi^Q, of the Words of the Law, which does the Work of the Law. This is of great Ufe in all doubt- ful Expreffions of Contrafe, or other In- tercourfes of human Life 5 wherein the Sub- ftance and Defign of the Thing is rather to be confidered, than fhe Want of Ckamefs of and Ahrogation of human Laws. 191 of Expreflion, or any Quirk which a defign- ing Man may think fit to raife from an Ambiguity. Let this be an Inftance of what is here meant. A Man, upon recei- ving a Complaint from his poor Tenant, that by unfeaibnable Rains his Vintage and Harveft were quite fpoil'd, and that, there- fore, he was wholly incapacitated for pay- ing this Year's Rent, tells him, that he would never exad any Thing from thofe of his Tenants who were ruin'd by the Hand of Heaven ; and therefore, as to his Rent, he bid him be at reft, and let it alone. The next Year's Vintage and Harveft were fo rich and full, that they amply made up the poor Man's Lofles the Year before. Upon Jiis bringing this Year's Rent, his Landlord asks him for that of the laft Year. The Te- nant anfwers, it was forgiven him. Now the Queftion is, What was meant by the Words, let it alone^ and that he would not exaEi his Rent from his difabled Tenants? The Meaning certainly was, that as long as they were unable to pay, he wculd for- bear them : For the Tenant had ro other View in the Application to his Landlord, than to prevail on him to forbear him> and he could not think of asking him to forgive him the Rent. In this Ambiguity, the Advantage is, for this farther Reafon, to lie on the Side of the Landlord i becaufe the Right was U 2 certainly 2 9 X Of the Interpretation, Diminution^ certainly his, and bccaufe no Man is to be prefumed to part with his Righi: againft his Will. So, likcwife, in Matters of Religion, when God commands us to repent and fervehini 5 he, who asks the Queftion, When God will have us to repent? Whether it will not be fuificient if we repent at all, ilnce the Words of the Commandment may /ignify any Time indifferently? may deter- mine himfcif by this Rule j That was un- doubtedly God's Meaning, which does God s Work i That, without which the Work would not be done, and God would not be ferved. For God intending that we Ihould ferve him by an intire Obedience, and an holy Life; that, which makes God lofehis Defign, can- not be the meaning of his Words. 2, In all Laws and Obligations of Con- fcience by Contract, when any Doubt ari- ks, we are to enquire what is moft likely, and what is moft ufual, and reft ourfelves there. We are to prefume, that the Con- tractor intended that Senfe which is the wa- rieft, becaufe that is moft likely 5 nothing being more reafbnable than to think the Man intended, as all the Wgrld does, to buy as cheap, and fell as dear, as he can. But if this will not do, we muft then re- cur to the Cuftoms of our Country ; but if thefc fail to give^ us Satisfaflion, we are then and Abrogation of human Laws. 293 then to guide ouiTelves by the Rules of E- quity and Rcniiflion : For where Things are burthenfome, that which is leaft unea- fy is to be cliofen This has its Ufe in Contracts, Teftaments, and in the Inflifti- on of Punifhments. 5. In Matters of Favour, and the Af- fairs of Piety, the Senfe of a Law is to be extended by Interpretation. Things o- dious and corredory, are, in Law, called Strict^ 5 but that which is favourable, is faid to be Res ampla ; and for this Rca- fon, becaufe, as the Matter of that is to be made as little as it can be, fo the Mat- ter of this may, and ought to be enlarged. So if any Thing be to be done in Favour of a Man's Children, both the adopted, and natural Children are to be included, when it is not to the Prejudice of the Legitimate. A Man naturalized is to be confidered in the fame Manner as a Na- tive i and a freed Man, in the famg Manner with him, who was born free. U 3 R u L li 1^4^ Oj the Interpretation^ T)iminutlony Rule II. When the Tower^ which made the Law^ does interpret it, the Interpretation is authentick, and binds the Confcience as much as the Law ; and can releafe the Obligation of Confcience, fo far as the Interpretation reaches, as much as if the Law were abrogated. And the Reafon is very obvious. For the Law is nothing but the folemn and de- clared Will of the Law-giver ; and he, who fpeaks, beft knows his own Meaning ; and he, who can abrogate the Law, can alter \u And fince the Legiflative Power never dies; and fince from this Power only the Law derives it's perpetual Force, by what Me- thod of Law foever he declare his Mind, whether by declaring the Senfe of the Law, by abating the B igour of it, by dilpenfing in it, by explaining it more favourably, or reftraining it's Severity 5 it is juft the fame Thing, as to the Obligation of Con- fcience. For when the Law-giver inter- prets his Law , he does not take off the Obligation of it, but only declares, that in this or that Cafe, it was not intended to oblige. As to the Exercif^ of this Power of In- terpretation, it is to be adminiftred, i . Ingenu- ouflyj and Abrogation of human Laws, r^s oujfly i not fraudulently, or with a Defign to opprefs any one, which Ocero juftly calls Lib. i. dc nimis callidam fed malitiofam Juris Inter- ^^^• pretationem^ a crafty but malicmis Inter- pretation. Such was the Behaviour of Soly- man, who^ after he had Sworn never to take away the Life of Ibrahim Bajfa-^ upon a Prieft's having declar'd that Sleep is Death, killed him whilft he flept. 2. This Power is not to be adminiftred, but upon jufl: and weighty Motives. For to be too eafy and forward in bending the Laws by unneceliary ^it ni. Interpretations, contributes to the Diminu- tion of Juftice, and introduces a Loofenefs in Government. To this Purpofe it was well obferv'd by Livy, fpeaking of thofe brave Ages in which the Roman Honcfty and Virtue gave Rife to the greateft Empire of the World, fed nondum bac^ &c The T^egle^ of the Gods and the Laws had not then proceeded fo far, as to incline Men to bend the Laws to their Manners ; but they formed their Mannexs by the Laws, A King, fays St. Aujiin, may in his own Do- Lib. iii. minions command that to be done, which <^»n^^^- neither any Man befoie him, nor himfelf^* * till that Time, had commanded 5 meaning, that tho' he is to govern by his Laws 5 yet, -^hen a favourable Cafe occurs, he may give them a new Senfe, if it be neceflary to the better performing the Duties he is U 4 oblig d zp 6 Of the Interpret at ion y Diminutiony oblig'd to, as he is King. So Solomon ab- foived i^biathar from the Sentence of Death which he had incurred by the Laws, becaufe he had formerly been very fcrviceable to T)avid his Father. Now this Power, tho' it may be exercifed in the way of In- terpretation 5 yet, when it is adminiftred by the Prince, it is ufually done by way of Pardon, and in Conlequence of abfolute Power and Prerogative. When a Lav/ fays. That under fuch an Age a Man fhail be in- capable of being General of an Army 5 the fupream Power may declare the Meaning of this Law to be, that he fhall be incapable of fuch a Charge, unlefs an height of Courage, and Maturity of Judgment, fupply the want of Years. In fhort, he who can make anew Law, may by Interpretation change the old Law into a new j that is, any Interpretation of bis is valid and binding, if it be juft, natu- rally jufl:, tho' it varies from the latter or firft Intention of the Civil or Municipal Law. But the Cafe is otherwife in regard to Judges. For the Interpretation of Laws made by them is not fupported by any Empire or Power of theirs 5 it may afford a probable Warrant to the Confcience, but no final Determination in Cafes of Doubt"? Pro Liear-^^^^^^^"S ^^ ^^at of CicerOy no Man muft ask any Favottr of the Judges but what the and Abrogation of human Laws, a 9 7 the Law allows him 5 but of the Prince^ or chief Magiftrate, he may* For what is deficient in the Provifions, he can fupply by the Fulnefs of his Power : and if it be injurious to no Body, his Interpretation may be reeeiv'd as good Law, "and ought to give Peace to the Confcience in particular. Rule III. A Law made for a particular Reafouy when the Reafon wholly ceafeSy does no longer bind the Confcience, There are feveral Things obfervable un- der this Rule. For fometimes it may hap- pen, that only one Reafon of a Law may ceafe, without making any other Change in it, than that the Reafon which gave Rife to the Law, is no longer important or con- fiderable. But lometimes it happens, that not only the Reafon of the Law is gone, but fomcthing pernicious rifes in the Place of it, and that which was once ufeful, is be- come infufFerable 5 that what was juft, is now diflioneft; zwd^that which was righte- ous ^ is not righteous fttlly but inconfiftent with the common Intereft. Now upon the arifing of a contrary Reafon, the Law no doubt ceafes: and this reaches not only to the Cafe of Juftice and Impoffibiliry, but to ^9 8 0/ ^^^ Interpret at ton y Diminution^ to that of Trouble, Inconvenience or Ufe- lefsnefs 5 or in other Words, if the contrary Reafon fo alters the Cafe, that the Law could not juftly have been impofed, or if it had been impofed, that it could not bind the Confcience ; the Confcience is then re- ftorcd to it's Liberty, and difcharged from it'5 Obligation. But where the Reafon of the Law only ceafes, without the Rife of a contrary Rea- fon, there is then greater Difficulty in the Refolution of this Point. For poffibly the Will of the Prince does not ceafe 5 and he would have the Law continue in Force for the Support of his Authority; which is a fufficient Reafon for keeping up a Law which was once good, and is not now per- nicious. But in order to the Resolution of this Point, let it be confider'd. I . That fome Laws have in them a natu- ral Reditude or Ufcfulneis in order to mo- ral Ends, either in Virtue of the fubjed Mat- ter of the Law, or becaufe the Inftancc of the Law is made an Inftrument of Morality bythe Appointment of the Law. 2. Other Laws have only an acquir'd Reditude, and an extrinfick Ends that is, they were made by the Law-giver .to a certain Purpofe, but beyond that Purpofe fcrve for nothing. Thus, if a Prince lays a Tax upon a Country, in Older to build certain Bridges j when the Work and Abrogation of human Laws. 199 Work is done, the Tax is of no farther \3^z : But if he enjoyns a Faft on fVednef- days and Fridays for Six Months to pro- cure God's Favour fo far as to remove the Plague from a City or Country ; tho' the Plague fhould ceafe before the End of Four Months, yet the Faft may ferve many other very ufeful Purpofes. Another Diftindion here to be obferv'd, is concerning the Ceflation of the Law, whether the Reafon be intrinfical or extrin- ilcal. For fometimes the Reafon wholly ceafes; fometimes it is only altered in parti- cular Cafes. Thus, if a Superior fhould forbid any ot his Subjeds to enter into a Family where there are feveral beautiful but loofe young Women, left fuch a Converfation ihould engage them in Wantonness } the general Reafon of the Law will remain, tho* this or that Man fhould be an Eunuch, or otherwife incapacitated for being warmed by fuch Fires. Thefe Things thus premifed, we may obferve, i. That if there be two Ends in a Law, an extrinfical and an intrinfical, tho* the extrinfical be generally and wholly ceafed, yet the Law ftili obliges for it's intrinfici; Reafon 5 that is, when it obliges to an Aft in its felf honeft and virtuous. So if a Prince, or Prelate, command Women in Churches, not to fit promifcuoufly with th^ 300 Of the Interpretation^ Diminution^ the Men, and to veil themfclves, that they give not occafion to Quarrels and Duels be- tween the young Fellows 5 fhould it hap- pen that Duelling were out of Fafhion, and that the Difhonour of it were fufficient to prevent it, the Reafon of that Law would then ceafe : and yet, bccaufe it is in itfeif Honeft and Decent, that Women give no Occafion to fuch, or the like unruly Paffions, the Law itfeif might juftly be continued in its full Force. 2. If a Law be made for an intrinfical End, when that Reafon ceafes Univerfally, tho' there be a natural Decency and Fitnefs in the Adion, and it be plain- ly fubvervient to a moral End 5 yet that Law obliges not, unlefs that moral End was likewife intended by the Law-giver. For that, which entered not into the Con- flitution of the Law, can have no Power to fupport the Law, becaufe it hath nothing to do with it : This was not in View when the Law was made, and therefore it cannot be a Law, unlefs the Legiflature makes it fuch a-new. So that fuch Adions, which are in themfelves good, but were not confider'd as fuch in the Intention of the Law-giver, can only be lawful to be done, but arc not made neceflary. If therefore a Law were made, that every Thurfdaj Subjefts fhould be at Morning Prayer, that in the publick Offices they might pray for the Life of their Prince 5 if the Prince be dead, that and Abrogation ofhuman Laws. 301 that Law binds not : For though to go to Morning Prayer be in itfclf good, yet, if the Prince confidcr*d not that Good, but only his own 5 that Good contributed not at all to the making the Law, and therefore was no Part of the Duty of the Subjed in Re- lation to it. 3. If the Adion enjoy ned by Law be in it felf indifferent, when the Rea- fon of theLawceafcsextrinfically, the whole Obligation likewife ceafes ; fince the Adl is good for nothing in itfelf, and wholly ufe- Jefs to the Commonwealth, it therefore cannot be a Law. So there was an Oath framed in our Univerfities, that no Profeffor fliould publickly teach hogick out of them ; meaning, that it fhould not be taught at Stamford^ at which Place there was fuch a Refort of Students, that it almoft rofe into an Univerfity. But when the Danger of that was over, the Oath was need! els, and could not oblige, and confcquently ought not to have been impofed. Thefe are fome of the Meafures of Con- fcience when the Reafon of a Law ceafes wholly and Univerfally, that is, as it re- lates to the publick Intereft : but there is more Difficulty in finding out what is our Duty, and what is our Liberty, when* the Realon of a Law remains in general, but fails in fome particular Cafes, and in regard to particular Pcrfons. The follow- ing 3 o X Of the Interpretation^ T>iminutiony ing Obfervations may be of Ufe to latisfy us in this Point. I. If the extrinfick Reafon of the Law ceafes in a particular Cafe only negatively, that is, fo as no Evil, no heavy Burden, no Sin, nor no Danger be likely to afFed a Man's Perfon, the Law is ftill obliging, and ought to be complied with. For here, tho' there be no Reafon in the fubjed Matter, yet there are Reafons fufficient ari- fing from the Reverence due to the Law, and from a Neceffity of complying with the publick Manners of a Nation. When, therefore, a Law forbids Men to walk armed in the Night, upon the Score of the fre- quent Murthers committed by fuch armed Night-walkers ; tho' a Man be never fo con- fcious of his own peaceable Temper, and of his Refolution to hurt no Body, and tho' he is not bound by the Reafon of that Law in his own Particular ; yet he is obli- ged by that Law, as long as the Publick, whereof he is a Member, is obliged by it. 2. If the Reafon of a Law ceafes on oc- cafion of a contrary Reafon 5 that is, if the Law itfelf is, in that Refpeft, become per- nicious 5 then, tho' it ceafes only in a Parti- cular; in that Particular the Subjed, whofe Cafe it is, is freed from the Law, and is at Liberty not to obey it. When we have vowed any Thing to Religion, or the Tem- ple, and Abrogation of human Laws. 505 pic, W€ are bound to fulfil our Vow ; But if, before I have fulfilled it, my Father, or any other to whom I owe the Duties of Piety, be fallen into Want, and (lands in need of my Ailiftancei lam obliged tocon- fider him fiid, and omit the other till both can be done. And the Reafon is, bccaufe I could not oblige myfelf by Vow to ne- gled any Duty to which I am naturally obliged. And, therefore, tho' the Law, which cnjoyns the fulfilling of Vows, be juft; yet there muft always be undcrftood an Exception of prior Obligations. So that if I certainly and undoubtedly fin in obey- ing a Law, it cannot then be a Sin to dif- obey it. 3. If the general Reafon of a Law remains, but ceafes in fome Particular by a contrary Reafon, yet fo as not to introduce a Sin, but only a great Evil, or fuch an E- vil as the Law would not have command- ed, and the Law- giver is fuppofed not to have intended 5 then the Law does not bind the Confcience of the Subject in that Cafe. Here it is, that Equity properly comes in. For it is not to be fuppofed, that the Su- perior would have his Laws more burthen- fome to any Man, than is neceflary to the Good of the Society $ it being as much his Duty to be willing to eafe particular Perfons in their private Burdens, as to pro- vide for the common Interefts and Advanta- 2 ges 3 04 Of the Interpretation, Diminution^ ges of the Publick. So if a Church en- joyns fuch Ceremonies, fuch Orders, fuch Prayers ,• they are, no doubt, to be obferved when they may : But were a Man to fall into the Hands of an Enemy to that Kind of Worfliip, who would either kill, or torture him for ufing them; he is certainly difobliged. For tho' this Cafe be not ex- cepted in the Law, yet Equity allows us to underftand the Law in this Manner ; becaufe at the making of the Law, we are to fuppofe, that the Law-giver would have made an Exception in this Cafe, had he bee^n apprifed of the Equity and Necellity of it. Here it may not be improper to confi- der a Quefl:ion» which naturally arifes from what has been faid ; Whether in thefe Cafes the Man is fo freed from the ObUgation of the Law, that without farther Leave he may ufe his Liberty , or muji he firfi have it from his Superior ? To this it may be faid, i. That if the Cafe be evident, the Subjeft may ufe his Liberty : For were he to apply to his Su- perior, it muft be either to defire that the Law may not oblige him 5 or that he would declaro^ that the Law, in his Cafe, does not bind 5 or that he would promulgate or pub- lifli the Law in that Particular. Now the Man n^ed not defire, that the Law fhould * not and Ahrogation of human Laws. 3 o y not oblige ; becaufe it ccafes of itfelf, and was never intended to oblige againft Equity and Reafon. Nor need he apply for a De- claration in this Cafe 5 becaufe it is here fuppofed to be evident. Nor, laflly, is he obliged to apply for Promulgation ; bccaule that is only neceflary to. the Sandion and Revocation of Laws which depend upon the Will of the Prince 5 whereas, in the Cafe before us, the Law ceafes by natural Juilice, by the Nature of the Thing, and by the Reafons of Equity. 2. But when the Cafe is doubtful, and it does not fully ap- pear, whether the particular Cafe ought to be excepted in the general Law 5 we are then carefully to enquire. Whether it be a Doubt which arifes from our Fears only^oc from our Reafon > If from our Fears, we are to guide ourfelvcs by the Rules laid down for a fcrupulous Confcience : If from our i.e. 5.6, Reafon, we are to regulate it by the Mea- fures of a doubting Confcience. But if a Man, upon probable Inducements, imagines he is not obliged 5 he is then to proceed ' according to the NatCire of the Probability. For if he takes it to be probable, that fach a Cafe ought not to be comprehended in the Law, as fuppofing, that it would then oblige to the Commiffion of a Sin, or that it would lay on him an unjufl and unequal Burden, fuchas the Superior has no Power to Vol. IL X oblige ^o6 Of the Interpretation^ "Diminutiony oblige him to fubmit to \ the Subjed then may difcharge himfelf, without applying to ,his Superior. And the Reafon is, becaufe, to avoid a Sin, or to do a great Charity to ourfelves, a probable Reafon is a fuffi- dent Inducement j provided always, that a more probable Realon cannot be oppofed to it. For we are commanded to avoid e- ven the Appearance of Eiil, 3. But in thofe Cafes of Uncertainty, wherein we cannot prefume upon a juft Liberty by the Force of Reafon, or a fufficient Knowledge of the Nature of the Thing ; we may fairly fuppofe, that the Superior does not mtend to bind in all thofe Cafes, in which he or- dinarily, and of Courfe, difpenfes, A Law is made to obferve fuch a Number of Faft- ing Days. Such a Man ftudies hard, and finds that Abftinence very much diforders him. He believes the Superior, if he knew his Cafe, would not have him bound. He iz^s that others have Recourfe to the Su- . pcrior in Icfs Needs than his, and are ordi- narily difpenfed with : Therefore he hath fufficient Reafon for not applying to him at all. Upon Occafion of this Subj^ft, ^7^. the Alteration ot hum.an Laws by the Interpre- tation and Equity of Reafon 5 it may be feafonable and ufeful to the Confcience to inquire farther. Whither by the Similitude of and Abrogation of human Laws. 307 of Reafons, the Law may not as well re- ceive ^Advantage and Extent^ as the Sub- je£i is allowed to receive Eafe and Liber- ty? In Anfvver to this it may be faid, i . That in Laws deelarative of natural Right or Ob- ligation , the Obligation reaches to all Things, for which there is an equal Rcafon, tho* they are not cxprefsly contaki'd in the Law. Thus, as the Laws oblige us to pay the Duties of Honour and Gratitude to our Parents for their having nourifh'd us, and given us an Education 5 To the fame Duties are to be paid to thofe v/ho took Care of us wlien our Parents were dead, or took us into their Protedion at a Time when we flood in Need of it. 2. In odious Cafes, and efpecially in penal Laws, the Exteafion of the Reafon does neither extend the Obli- gation, nor the Puniiliment. PuniOiments and heavy Burdens are not to exceed the very Cafe exprelTed in the Law : For if in the Cafes therein fet down, the Judges are to proceed by the gentled Meafures, it is not to be fuppofed that they can be more fcverc and harfh than the Letter of the Law, Vv^hich always requiresLenity and Abatement, when the Cafe will admit of it. 3. But when the Law is plainly defective, and when the pub- lick Intereft requires that its Defeds be fup- plied 5 it may then juftly be made more X z perfect o 8 Of the Interpretation, Diminution^ perfect and more ufeful, and the Obligation, and the Judgments, even in Matters of Bur- den, may be enlarged by a Similitude and Parity of Reafon : And in this Senfe, what the Lawyers fay, Cafus Jimilis exprejfo^ non cenfetiir om'tffusj holds good. But then we are to obferve, that this is not in Confe- quence of the mere Reafon ot the Law, but only from the Neceffity and Interefts of the RepubJick ; fuch a Supply therefore is rather an Ad of Jurifdidion, than of b^re Interpretation. 4. When a Law is made for the removing of a particular Evil, it is like- wife to be underftood to reach to every Cafe of Prevention. It was agreed between An- tiochiis and Ttolomy, that the latter fhould not bring an Army into Syria , by which i^nt'wchus not only intended to remove the prefent Hoftility which he fear'd, but alfo that he fliould not lead any Army thro* his Country; becaufe, were Ttolomy upon any Score to have an Army in Syria, he would be in Danger of fuffcring what, by this Treaty he hoped to prevent. 5. What- foever is faid in Laws, holds good like wife in Promifes and Contrads : For thefe are Laws to the Perfon's concern'd in them, and are to be meafured by the fame Pro- portions with other Laws. For when the Reafon of a Promife or Contrad plainly reaches to anorher Uiftance, tho' not expref- fed and Abrogation of human hawL 309 izdi in the Contra£l 5 the Thing muft be done, in as much as it is fuppofed to have been included in the Stipulation 5 and fo on in fucceeding and new-emerging Inftanccs. For the State of Things is not changed Co long as the Reafon remains, upcm which the Oyigation was firft contraded. But after all, we are to proceed very cau- tioufly in determining Cafes of Conlcience, by the Meafures of the Reafon of a Law. It is very difficult to difcover the Reafon of many Laws made by our Anceftors 5 and where the Reafons of them are not expref- fcd, our Conjedures are fometimestoo wild ariid uncertain to be to proper Meafures of Confcience or Obedience. The Obedience of that Man is much too delicate, who in- fifts upon knowing the Reafons of all Laws before he will obey them. The Law-gi- ver muft be fuppofed to have given his Sanftion to the Law from the Reafon of the Thing ; but where we cannot dif- cover the Reafon of it, the Sandion of it is to be the only Reafon of our Obe- dience. X 3 Rule 3 1 o 0/ the Interpretation, Dimtnutiony Rule IV. The Legijlator hath Tower to difpenfe in his own Laws for any Caufe that him- fc(f fhall'^ judge to be reafonable^ fo that no d'tftm^i Interejl be prejudiced or in'* jured. ^ifpenfatioUy in an improper Senfe, may fignify a Declararion made by the Superior, that in certain Cafes the Subjed is not o^ bilged, and that it was not intended he fhould be obhged. But this is not fo pro- perly an Ad of Authority, which ^ijpen- fatten implies, as an Interpretation of Laws, or a declaring the equitable Parts of it j and in many Caics, where the Subjed certainly knows the Meaning of the Law, his Con- fcience, as has been already obfeived, is at Liberty, without this Declaration ; which Liberty proceeds from the natural Equity and Rcafonablcnefs of the Cafe, and is nothing ^ more than was intended by the Law itfelf at its firft Sandion. ^wi T)iJpenfatton being, in a proper Scnfc, an Ad of Jurifdidion which belongs only to the Superior $ and fince the Per- fwafions of the Subjcd ought to yield to the Opinion of the Prince^ in thofe Things wherein he is propeiMy the Judge, as he cer- tainly and Abrogation of human Laws. 511 tainly is the beft Judge of what he ought to do as a Prince, and Governor of iiis Sub- jeds ; it follows, that it ougUt not to be queftion'd, Whether or no he may diipenfe in fuch Cafes, wherein it appears to him reafonable and juft fo to do > Thus, he may ufe this Power, either when a Law conti- nues reafonable and ufeful to one or more good Purpofes, but accidentally becomes an Obftacle to fome greater Good : Or when it is doubtful. Whether the Caufc of Equity, without asking leave, be fufficient to juflify a Man's afting in a particular Influence a- gainftthe Letter of a Law j for here, if the^ Superior difpenfes, he makes up by Favour for what was wanting in the Merit of the Caufe, and makes the Con fciencefure, when the Queftion could not be determined : Or he may ufe this Power of difpenfing, in Order to reward a Virtue, or for the Ser- vice of a worthy Man, or to confer Ho- nour and Favour, Mercy and Benignity, up- on Occafion of any great and reafonable Motive. Now thefe being the great Caufes of T^if- fenfation properly fo called 5 it will be hard to fuppofe that all thefe Reafons fhould be wanting, or to pronounce that a prudent Prince, when he difpenfes, has not good Reafons for doing it, when he certainly is ^he only Judge of that. X 4^ Then 3 1 X Of the Interpret at ion y Diminution^ There is only this to be added, that he who difpenfes in a Law, with Regard to particular Ptrfons, take Care that he do it in a Matter wholly in his own Power ; that it do nor break in upon Religion, and that no Man be injured by it. If there- fore a Superior difpenfes with a particular Man in the Matter of Tribute, he muft abate it from his own Rights, and not lay an heavier Burden upon others. But if the Remiffion be inconfiderable, and others are obliged to make it up to the Prince, Men g fnould not complain, but rather allow thus much to the Reafons of the Prince, and to the Man w^iom he intends to honour : Bat if it be great and confiderable, the Prince ought not to have granted it, but upon fuch a Motive as would make up for the private Burden by the publick Advan- tage : and the Reafon of this is, not be- caufe the Superior cannot without great Reafon difpenie in his own Laws j but be- caufe he. cannot difpenfe with other Men's Rights. But if Difpenfations be made in Matters of Government, or of Cenfure, or of : mere Grace and Favour, wherein ' fonie particular Men are benefited, and none hurt 5 in thefe and the like Cafes, as the Prince hath fupremc Power, fo his Good- will, being ftirrcd by any feafonable Induce- ment, is warrant enotigh for him who gives it, and for him who ufes it. Rule and Mr ogat ion of human Laws. 315 Rule V. The fame Tower that can difpenfe^ can al- fo commute a "Duty ^ and as in the firji it eafes^.fo in the latter it obliges the Confcience. Commutation is only a Kind, or rather a particular Manner of Difpenfation, and therefore requires no Confiderations differ- ing from the former ; but only fuch pru- dential Diredions as are neceffary to the due Conduft and Regulation of it. For Commutation is a changing the Burden of a Law into an Ad, it may be of greater Ufefulnefs, and lefs Trouble. Thus, vvhea publick Penance is. decreed to be the Pu- nifhment of an Offender, who, by a pub- lick Shame, would be harden'd or oppref^ i^di 5 the Church fometimes difpenfes in this Punifhment, and changes it into Alms, Ut folvat in ^_/Ere quod nan luit in Corpore^ that the Fruit of his Labours may atone for the Sin of his Soul, and that an ex- pcnfive Alms may be taken inftead of an exterior Humiliation. I. But this muft be done in fuch a Manner, that Religion be not hurt by it, nor new Confidence given to the Vices of great 3 14 Of the Interpretatton^l)imtnuttony great Men, who will fpend much more in the hiding of their Shame ; and are too apt to think they efcape with their Sin, when they enjoy it at a Price. 2. It muft ne- ver be done but upon Confiderations of Piety, or Motives of great Importance : Not becaufe the wicked Man is rich or powerfuL For, tho' in Matters of commutative Juf- tice, neither the wealthy Man is to be re- garded for his Riches, nor the Poor for his Poverty i yet in Matters criminal, and of diftributive Juftice, the rich Man is lefs to be confider'd, when Indulgence would make the Crime more popular, and more imita- ble from the Greatnefs of him who fets the ill Example 5 but he is more to be eafed,when the Punifhment will, by Reafon of the Great- nefs of his Honour and Dignity, be a too ^ unequal Diminution to him, and derive up- on him a Contempt greater than the Law intended. 3. The Commutation of the Pu- niiliment impofed by Law, muft by no Means be put at a fet Price before-hand, and fo become a Thing of Courfe, or in- different Difpenfation. For when Men cer- tainly know the worft of the Evil which they dread, and know it to be tolerable and eafy ; inftead of being deterred, they are as it were invited and tempted to the Sin. It muft therefore be appointed by particularDifpenfati- » on^ and Abrogation of human Laws. 315- on, not cafily, nor to all, nor to many, nor at any Time with a View to the Price only 5 but purely out of a Regard to the Wants of him who is in Danger of being fwallo'jued up of too great a Sorrow. Rule VI. ^ Cujfom may interpret a haw-, hut can never abrogate ity without the Confent of the fupreme Tower. I T may interpret a Law, becaufe it muft be fuppofed, that the Law was once obey'd, and in that Senfe in which the Law-giver intended it. And fince it may be juftly pre- fumed, that People have done as they were obliged in Things of publick Concernment ; nothing can be more rcafonable in Quefti- ons concerning the Interpretation of a La\v> than to enquire what was the Pradice of the People in Times paft. For what they did at a Time when the Senfe, and Reafon of the Law was befl: underftood, and what the Law- giver permitted them to do in the obeying of it, may fairly be fuppofed to be that which he intended. But this is faid of fuch Cuf- toms, as are Conftietudlnes fecundum Legem^ according to haw ; and in thefe, the Con- fcicnce may lay hold on all the Eafe and Abatements 3 1 d Of the Interpretation^ Diminutiony Abatements they can reafonably afford it. But when a Cuftom is againft a Law, the Law, and not the Cuftom is to prevail : For a Cuftom can never difcharge us from the Duty and Veneration we owe to the juft Laws of our Superiors. In the Civil Law indeed, and in the Laws of many Nations antiently, the Cuftom of the People was thought fufficient to abro^ sate a Law : Bnt this took its rife, and continued long, only in thofe Governments where the People had Power to make a Law, orhadfomePretenfions tothat Power, which were not wholly to be taken fronii them. But where the People are not their own Subjeds and their own Princes, as in all popular Governments they are, where the Prince or the Senate hath the Legiflative Power ,• there they cannot introduce a con- trary Cuftom, but by Rebellion and Difo- bedience. In Democracies, when the Peo- ple did otherwife than their own Laws re- quired, they difobey'd themfelves only, and fo were innocent and out of Danger; but in other Governments, they cannot difobey, but they muft fin. For here, the Obliga- tion of a Law doth not depend upon the Acceptation of a People j and as the Law began not from them, fo neither have they and Abrogation of human haws. 317 they Power to limit its Obligation and Du- ration. If a contrary Cuftom could juftly abro- gate a Law, it were then of no Moment to know who had the Legiflative Power -, for what Laws foever the Prince fliould think fit to make, it would ftill be in the Power of the People ;o refufe to admit tliem : Which, becaufe it is plainly deftrudive of all Government, muft necelTarily proceed from an unjuftifiable Principle. When a Cuftom therefore is plainly contrary to a Law, the Confcience ought not to be in Peace, nor can it be in fafety, but by ne- gleding the Cuftom, and obeying the Law. The Confcience, in following a Cuftom, is then beft warranted, when the Superior allows the Cuftom, and annuls his own Law: For he only, who made it, can put a Period to it. Now here we are only to en- quire, when it is that the Prince is willing that the Law fliall go for nothing : And there are but two Ways of our knowing this, or of his appointing it. The one is, by a tacit Confent to, or Approbation of the Cuftom, as by not punifhing, by not com- plaining, and by Silence : The other, by a dired Revocation. It will ''be difficult to * come to tl\e Knowledge of the former fo fully 3 1 8 Of the Interpret at ion y T>iminutiony fully, as to give Peace and Certainty to an inquifitive and curious Confcience : Of the latter I am to fpeak in the next Rule. In the mean time, the Confcience very fel- dom is fecure, but in obeying the Laws 5 thus much however we may be aflured of, that a Cuftom is then approved of, when it pafles, in Rem judicatam^ when the King's Judges have pronounced Sentence in a Caufe againft an old Law, for a later Cuf- tom. When they have Reafon to do thus, the Prince's Will is fufficiently declared 5 till then, if we cannot be fully informed that the Prince doth fecretly approve tht: Cuftom againft the Law, we muft wait till the Law be direftly abrogated 5 and then we may fafely comply with the Cuftom, becaufe we are then fure we do not aft againft Law. For, as Tanormitan juftly obferved, Opor- tet ut du£ Tartes, &c. not the People on- ly, but the Prince too muft confent, before the Cuftom be approved and introdu- ced. Rule and Abrogation of human haws. 319 Rule VII. Abrogation of a Law by a competent^ that is, by a fupreme Tower, may be juji and reafonable, tho' the l^aw itfelf be neither unreafonable nor unjufi. The Reafons for abrogating a Law, are all thofe which are fufficient to in- duce a wife and good Man to change his Mind 5 fuch as new Emergencies, improper Circumftances, publick Diflike, profpeft of greater Good, or the like. The Power which makes a Law, may annul it 5 and the fame Reafon which introduced a Law, may alfo change it : And tliere is only this Difference, that a Law muft not be im- pofed, unlefs the Matter of it be honeft, holy, and ufeful 5 but it may be abrogated tho' it be all this, provided it be not ne- ceffary. For tho* an Adion is not to be done, unlefs it be good and innocent , yet it is not always necelTary to be done, tho' it be thus good and innocent. Every Thing that is good, is not neceffary 5 ajid becaufe there are many good Provifions and Coun- fels which are neither taken, nor made in- to Laws ; many fuch Things which are in themfelvcs good enough, may be omitted or iaid afide, either for the Sake of fome greater Good 3 ao Of the Interpretation^ T>iminution^ Good, or the avoiding fome accidental In- convenience. However, be the Abrogation right or wrong on the Prince's Part, when the Law is annull'd, the Confcience of the Subject is no longer obUged. The bare Goodnefs of the Matter makes not a Law, without the Prince's Will; and when a Law is made, his Will only can make it ceafe to oblige. • Here it is not tinfeafonable to enquire. Whether, the Abufe of a Thing may be reckoned a juft and prudent Reafon for taking it away ? That it may be a juft, that is, a fufficient Reafon, is plain, becaufe it is not unjuft. But whether it be prudent for the Prince to take it away, or whether the taking it away is necelTary, is of ano- ther Confideration. In a Change of Laws, or Reformation of prevailing evil Cuftoms, Trudence is always good, and fometimes Zeal. But it is certain, that the extermi- nating Way of Reformation is not always beft to be followed 5 becaufe he who oppo- fes a Vice too fiercely, may as eafily run into a contrary Vice, as into a contrary Vir- tue. If a Church fhould prefcribe fome Ri- tuals in a fuperftitious Manner, and to a fuperftitious End 5 and were Men to follow them up to the very'Nicenefs of Superftition ; yet it is not good to oppofe them fuperfti- tioufly. If they w^ho obey obferve thefe Rituals and Air ogat ton of human Laws. 311 Rituals as if they were the Commandments of God, they are to blame : But if the Difobedient will rcjed them, as if they were in tiiemielves againft God's Com- mands, they arc more to blame ; For a fuper- ftitious Obedience is preferable to a fupcr- ftitious Rebellion : TPjat is made up of Piety and Error 5 This of £rror and Im- piety. But as to the fubjed Matter of this Rule ; a Thing's having been abufed or a Law's accidentally becoming an Occafion of Evil, doth not make the Law icfelf to ccafe, unlefs that Abufe or Evil be not to be re- moved without the Abrogation of the Law. So that if a Subjed is apprized of the A- bufe, and is offended at it, but under no Neceffity of complying with it, he is ftill obliged to obferve the Law, but in his own Pradice to feparate it from the Abufe, In the Primitive Church, the Obfervation of Vigils and Wakes was an hq|| Cuftom 5 yet it afterwards occafionally introduced fuch Abufes, that the ecclefiaftical Power thought fit to abolifli it 5 for the Cuftom, in the declining Piety and Manners of the World too eafily made Way for thofe ac- cidental Evils. But till the Vigils were ta- ken away by Authority^ the Laws of the Church did ftill oblige, and did not ceafe of themfelves 5 and therefore where they Vol. II. Y might Of the Interpret at ion y &c. might innocently, and without aftual Scan- dal, be obferved, the Subjcd»was ftill obli- ged. The Abufc, even the' it were cura- ble, was a fufficient Reafon why the fu- preme Power might abrogate the Law ; but it was not fufficient to make an Abrogati- on neceffary, nor to make the Subjed to difobey it. For the Inferior cannot juftly withdraw his Obedience, till the Superior cannot lawfully continue the Law : But when an Abrogation is evidently neceflary, then to difobey it, is no Sin. OF 3^3 OF THE Rule of Conscience^ wz. Of the Nature and Caufes of Good and E'vil. Their Limits and Circumjian- fiances^ their ^ggravatiom^ and Diminutions. The Fourth BOOK. ~ C H A P. I. Of the efficient Caufes of all hu- man Actions^ good or evil. Rule I. AnAEiion is neither Good nor Bad^ unlefs it he voluntary^ and choftn. THIS Rule is taken from St. Aujflin, who makes Liberty and Choice ne- ccflary to the Nature or Eflcnce of Sin. y 2 Teccatum Of the efficient Caujes 'Teccatum eft Vohmtas retinendi vel confe- quendi quod Jujlitia vetaty & unde Itbe- rum eft abflinere. All our Adions, but thofe which are natural and neceffary, re- ceive their Denominations from the Will 5 and no Man is Good or Bad, but as that makes him. Our natural Aftions, or fuch as are not fubjed to the Determination of the Will, are never Evil ; and they are only thus far Good, as they arc exerted and per- formed by the Influence and the Will of God. But our moral Aftions may be faid to be Good, upon a more important Account. For God intending to be glorified by our. free Obedience, hath fet before us Good and Evil. We may put our Hand to which we will 5 and what we chufe will be our Portion, Here he hath left us to our own Choice : But then he hath taught us how to chufe 5 he hath laid before us not on- ly the Nature of Things, but the Event of all our chofen Adions 5 he hath invited the Will to the Choice of the beft, by the moft amiafele and glorious Profpefts : and by all the Aids of the Spirit of Grace, hath ena- bled it to chufe as it ought. I fhall not here enter into a philofophick Confideration of the Queftion about Li- berty of Will ; but chufe rather to appeal, in what 1 fhall farther obferve, to every Man's own Conlciojifnefs. Tho* it were never of all human AEtiom. its never fo certain, that the Will cannot, without GodT Grace and Affiftance chufe, or do any Thing that is good 5 yet it is certain, that we are able, either to do, or omit doing, what God requires. Were it otherwife, our Adions muft all be fated; and then one Man were not better than another \ Morality and Im^iiorality, Praife and Difpraife, Rewards and Punidiments, \ either in Heaven or on Earth, would be Words unintelligible. But as I do not in- tend to enter into this Difpute, I fhall on- ly obferve a few Things which may be ufe- ful to us, confidering the Qucftion as it re- lates to Praftice. !• That thofe Men who allow a Liber- ty of Choice in the Adions of ordinary and natural Life, but deny that there is any Ufe of it in Anions of a moral or fpiri- tual Nature, are not fufficiently aware, that they vacate and deftroy the very Nature and Defign of Liberty and Choice. For befidcs, that there is no other Difference between moral Adions and fpiritual, but only tlfat they receive their different Denominations from their Conformity to different Laws ; befides this, I fay, the denying Liberty in all moral Aftions, in all Inftances of Obe- dience to the Laws of God or Man, and the allowing it in Things under no Law, is deftru^ive to the very Nature and Pur- y 3 pofe Oj tide efficient Caujes pofe of Liberty. For the proper Defign of Liberty is to rentier us capable of Laws, of Virtue and Reward ; to diiliuguifh us from Brutes, by a diflind Manner of approach to God, and a Way of Conformity to him, proper to us : And unlefs in the Matter of divine and human Laws, of Virfue and Vice, and in order t^ Reward or Punifliment 5 Liberty and Choice were plainly good for nothing : For to prefcrve ourfelves from Harm, from Poifon, or from Enemies 5 inftind, and lower and more brutifh Facul- ties would fupply our Wants, as well as they do the Wants of Birds and Bcafts. To al- low Liberty therefore, where it is good for nothing, and to deny it where only it can be properly, fitly, and rcafonably given by the wi(e Parent of al4 Creatures, muft be highly irrational. 2. Liberty of Choice in moral, that is, in good or bad Adions, is very agreeable to the Oeconomyand Defign ofjiuman Na- ture and Being. For we are, as it were, Cx" tuared between Angel and Brute. We un- derhand fomething, but are ignorant of much. The Objeds of our Choice are Things made up of Good and Evil, and are refpec- tively worthy of our Averfion or Purfuit. Now fince there is in the Objeds of our Choice, this Mixture or Confufion of Good and Evil i and fince 6y the Choice of Good, we of all human Anions. wc are made more happy and more per- fed ; God hath direfted us to the Search of k by Induftry, Diligence, Patience, Longani- mity, and Mortification. Since therefore he hath propofcd feveral Things to our Choice ; he would have propofed them to no End, but that of Vexation and Torment (which cannot be fuppoled) unlefs he de- lign'd them as Means of a Reward, and as a Way to Happinefs by the Advantage of a- free and wife Choice. 3. Now this muft imply, that the State and Condition of Men is much more per- feft than th^It of Brutes, but ftiil very im- perfeft with Refped to that of Angels, and of that which ourfelves expeCt hereafter ; that Liberty therefore which is thus propor- tioned to this State of Imperfedion, muft needs be imperfed, and Men need not be envied the Polleffion of it. It is an Im- perfedion which may well humble us 5 but fhould not make us proud. It is not too much to be given us^ fince it is itfelf a Por-» tion of our imperfed Condition. It only fets us higher than a TuHp, and enables us to ad in a larger Sphere than Sheep and Oxen ; but it keeps us in 011? juft Station, Servants to God, inferior to Angels, and in a Poffibility of becoming Saints ! For in mo- ral or fpiritual Things, Liberty or Indcter- mination is, in Truth, Weaknefs > and (iip- Y 4 pofcs Of the efficient Caufes pofes an Infirmity of our Reafon, and a great Deficiency in our Love. If we knew all tiie Degrees of Amiablenefs which are in the Service of God, and if we could love him as he deferves : we could not then deliberate about his Service, we could not poflibly chufe, or love Difobedienee : For there is properly no deliberating, where there is not fomewhat to be refufed, and fome- what to be preferred ; as we (hall cxperi- jnentally find when we come to undcrftand Good better, and to love it more. But the Liberty Men enjoy at prefent, and on which they fo much value themfelves, ought to become one of the greateft Motives to their Humility : It is of fuch a Nature, that they may juftly lay their Faces in the Duft, and own, that their Dignity and Excellence fuppofes Mifery^ is, in Truth, Imperfedion, andoi)ly the InflrumentofDuty and Virtue. 4. In enquiries after the eiRcient Caufe of moral Adions, Men fometimes deny one .Truth for Fear of giving up another, and will not allow that in moral or fpiritual Ac- tions a Man has a Liberty of Choice, for fear of impeaching or leflening the Grace of God: Whereas, it is very eafy'to reconcile God's Grace with our Liberty, fince by his Grace it is, that we have this Liberty. And fince we derive all our fpiritual Notices, all the Beafons oflhvitation to Obedience \ in of all human Actions. in Duties evangelical, from Revelation and the Grace of God ; to this therefore we owe the Liberty of our Will, or the Power of chufmg Ipiritual Things. But however this be, here we may reft : Tjhat we cannot work till we have Power to work 5 we cannot chufe, till v/e have Liberty i and we can- not be under a Law, or influenced by Pro- mifes, or Threats, unlefs we can chufe. It is therefore of no Confequence to the Point before us, to know in what Manner this or that fet of Men are wont to ex- plain it, fince this is what we muft at laft rely on 5 that a Man cannot be a good Man, if he does not chufe the Good, and refufe the Evil; and that there is no fuch Thing as Confcience, nor any Neceflity for it, unlefs it were to dired us to the Choice of Good, and give us an Averfion to Evil. But laftly; whether we affert or deny a Liberty of Will^ this Rule will be fuffici- ently eftablifh'd, if there be neceflary to every good or bad Adions the AEiion of the Will : and were it not neceflary to admit this as the Caufe of Morality, then he who .kills a Man againft his Will, is as guilty as he who did it defignedly j and he who takes the holy Sacrament by conftraint, be- haves as well as he who chufes it. For the better Inftrudion and Regulation of the Confcience with Regard to the Re- gularity . of the efficient Caufes gularity or Irregularity of the Adions of the Wilj, let us examine this Queftion ; Whether every ABion of our Lives ought to be direEied by a right Confcience, or a welt perfuaded IViU ? Or, Are not fome i^Biovs not only in their whole Kind^ but in their Circumjlances and Limitations aU fOy ?nerely indifferent ? 1 anfvvcr ; i. That Aftions, taken in their phyfical or natural Capacity, are all negatively indifferent, neither good nor bad. The entering into an Houfc, the ftriking a Blow, the Ad of Generation, Eat- ing or Drinking, confider'd only in their natural Capacity, are thus indifferent. Even Homicide and Adultery, conlider'd in this Light, differ not at all from Juftice, and the Permiflions of Marriage 5 and the be- flowing Alms, is natural'y, no better than the giving Money to Mercury^ or a Sta- tue. 2. Omiffions of Adions are fometimes indifferent ; and they are always fo, when the Omiffion is not of a Thing commanded, or morally Good from fome Law or fujffi- cient Principle of Morality, as Perfedion^ Counfcl, Praife, Reputation, Worthinefs, or Charity. And the Reafbn is, becaufe Omiffions may take their rife fi;om a dead Stock, and may proceed from a negative Principle, from Sleep or Forgetfulnfcfs, from a Lethargy or Dullnefs, of all human Actions. Dullnefi, from Bufinefs or Divcrlion. And /ince that which is nothing can produce no- thing y and fince neither Good nor Evil can proceed from that which is not ; when they do not arife from fome pofitive Caufe, they cannot have, in them, any Thing of Morality. Even not to commit Adultery, is no farther commendable and Praife- wor- thy, than that OmilTion was chofen. We are not to praife a Porter for not fetting his Heart upon his becoming a Minifter of State 5 nor a poor Shepherd for not con- tending for the Archbiflioprick of To- ledoy when perhaps the Capacity of his Mind was wholly taken up with pro- viding for the Health and Safety of the Flock. The avoiding Evil is neither Good nor Bad, but as it is a pofitive Ad, or a Re- fult of the Choice of the Will. And in- deed, in the prefent Situation of Things, it is ^frequently more difficult to elchew Evil than to do Good : Tlie efchewing Evil therefore is a Contention and a War^ and a State of Mortification. He indeed, who never was tempted, may be innocent ; but then he is not therefore vir- tuous, nor intitled to any Reward. Indeed, where a Man, in Confequence, of his paft Piety and Mortification, no lon- ger feels the Force of the Temptations he then 33^ ^f ^^^ efficient Caufes then warred againfl: ; tho' his Omiflion of certain criminal Anions, may, in a Senfe, be faid to be negative, inafmuch as he no longer is influenced by the Tempta- tion 5 yet he may properly be faid to be virtuous, even with Regard to thofe Ani- ons, becaufe he became fo upon pofitive and virtuous Motives, and pioufly labour'd for that State of Safety which he now enjoys. 3. All Ads which are done without the Confentof the Will, are indifferent. That is, they are natural or unavoidable, the firft Motions of a Paffion, or the EfFcdsof fome external Violence 5 fuch are a fudden Mo- tion of the Eye, the Head, or Heart, the Hands or Feet, Now that thefe Adions are altogether as indifferent, as to grow, to yawn, or to fneeze, is certain, becaufe they are of the fame Nature, and proceed from Caufes equally neceffary. There may how- ever be aflign'd one material Difference be- tween natural Adions. For thofe which are fo natural, that their whole EfFed is alfo natural, and can have no Relation to Morality, fince they are not at the Com- mand of our Wills, are always indifFerenft in their whole Kind, in all their Degrees and Circumftances. Thus to grow taller, to digeft our Vidqals, to, fhut the Eye a- gainfl the Heat %ni Splendor of th? Suq, are of all human Actons. 333 arc Anions which have not the leaft Rela- tion to Morality. But then thofe Ads, which at firft were merely Aatural, but are afterwards encouraged by the Will, are in- different only at firft^ becaufe at that Time only they are unavoidable. To look upon a beautiful Woman at her firft coming into our Prefence, is no Sin, tho', by Reafon of human Frailty, that firft Look might give us a Temptation : But to look upon her fo long till we Luft after her j to look up- on her Beauty fo long, that the Will con- fents to that which is, or may be, vile i this corrupts the Manners, and prevaricates the Law. 4. No Ad of the Will is indifferent, but is either lawful or unlawful, and in that Senfe may be faid to be Good or Bad. Ads of the Will imply Choice and Delibera- tion $ thofe Ads therefore muft be Good or Bad, fince whatfoever that is about which we deliberate, we do it for a Reafon that cannot fecm to us iftdifferent. We do it for an innocent and a good End, for the Benefit of ourfelves or others i and no- thing can come under the Confideration of being an Enci of human Adions, which is not direded by the Words, or by the Reafon, by the Intent, or by the Proporti- on of fome Law. We can confider the Ads of the Will only as they are lawful or 334 Of the efficient Caufes or unlawful 5 and that very Indifference which fome contend for in thofe Ads fup- pofes that the Adion is lawful. Whatever therefore we do, we do it for a Good End, or an Evil 5 for to do an Adion for no End at all, is not to ad like Men : And ac- cording as the Reafon is which produces the Adion, fo is the Will, either good or bad. And tho' Virtue may oftentimes lie in the midfl between two Evils,- yet the Will of Man is never fo fituated as to be in the middle betwixt Good and Evil: For every Thing that can move the Will, either is good, or feems good, and accordingly*, fo is the Will. Not that every Adion we do has an immediate Relation to our eternal Happi- nefs or Mifery ; but mediately and confe- quentially, and in the whole Difpofition of Affairs, it may fomcwhat affeift our Condi- tion in another State. To walk, to eat, to drink, to reft, to take Phyfick, to tell Sto- ries, are in themfelves Aftions merely na- tural } but if we confider them as they may be ufeful to Nature and Society, they are then good in a moral Senfe. For it being our Duty to God to preferve ourfelves, and againfl a Commandment todeftroy ourfelves ; it being our Duty to be courteous and affable in our Deportment towards others 5 it being Cha- ritable to make our 6wn Lives, and the Lives of of all human Actions. 335- of other Men eafy and pleaiant, and their Condition not only tolerable but dcfirable ; there is not doubt, but every Adion of our Lives may be good or bad 5 fmce if it can be fubfervient to good or evil Ends, it may be chofen for either of thofe Ends, and may accordingly be either Good or E- vil. Our Saviour feenis to inculcate this Doc- trine, when he fays fo feverely of thofe who fpeak only idle Words, that for every fuch Word that a Man fhall fpeak, he fliall give Account at the Day of Judgment. For an idle Word is very I'eldom indifferent y and S% Jerome-, in his Comment on thefe Words of our Lord, thus explains the Na- ture of the idle Word there mentioned. That it is any Expreflion which is frivolous and trifling, and not ferious and manly : But where Wantonnefs is taken into our Talk, there our Words are not fo proper- ly called idle, as criminal. And St. Ba(il ftys, every Word which conduces not to Edification, that is, which does no Good at all, muft needs be Evil. And indeed it feems neceffary to believe that Men were fent hither to greater Purpofes, than to do foolifh and uielefs Things, even iuppofing they were not criminal. Since therefore our blefied Lord will judge US even for our idle Words, we ought to 2 keep 3 3^ O/' the efficient Caufes keep a ftrid Watch upon the T^oor of our LipSy and upon all our other Adions. We fliould lay afide that Incurioufnefs and In- advertency of Mind, which moft Men are under in their Adions, without confidering whether they are right or wrong, and which engages them to fuppofe that there are many more Adions in themfelves indifferent, than there really are, and that in Regard to thefe, the Confcience is under no ncceffity of enquiring fo much as whether they are lawful or unlawful. Our Adions are to be judged by God's Meafures^ and not by fuch wilful jMiftakes. Every Thing we do, muft twice pafs the Examination of our Con- fciencesj once, when it is to be done $ and again, after it is done. Not only whatfo- ever is not of Faith is Sin, fo that we are guilty if we are not perfwaded that a Thing is lawful ; but it becomes a .Sinj when we confider it carelefsly, or not at all. But it may be asked, Whether it is ne- cejfary for the doing of Goody that we have an exprefs A^ of Volition ? Ory may it not be Jufficient in fome Cafes ^ that we are 7iot unwilling ? Is it not enough y that we do not oppofe, but muji we likewife promote it ? Or, in other Words, Tho' A^ionsy when they are chofen^ be not in themfelves indifferent > maj not the Will be Human Actions. 537 be fujfered to be indifferent to fame good Things that are laid before it ? And then what Kind or "Degrees of Indifference to Good can be la\zfiU, and in "juhat Cafes ? In Anfwer to this, let it be obferved in general, that in the Mofaic\^\\\ theRigh- teoufnefs commanded was a Defign of In- nocence 5 their great Religion was Reft j their Decalogue was made up of negative Precepts ; Fear and Terror, which affright nil Men, but allure none, which makes Men afraid of difobeying, rather than wil- ling to obey 5 their Offices were Cleanfings and Purifications : but To little Good was to be done, that God feemed mofc care- ful in keeping that People from commit- ting Idolatry, than fevere in obliging them to admire his Perfedions : They feem ra- ther obliged to learn no Evil, than to ^.o much Good. Now to this negative State of Duty, a Will wholly uaa6tive, and an Un- derftanding without Confiderarion, might in fome Cafes be fufficient : aad then the Will is accidentally indifferent, where the Adion is never prefented to it, cither as Good or Evil. But under the Gofpcl Dif- penfation, we are unclean, unlefs we are aftually pure 5 we are covetous, 'till we dcfpife the World, and the Things of the World,- we are malicious, if we rcfufe to 4o Good, when it is in our Power, to Vol, IL Z thofe 33^ 0/ the Efficient Caufes oj aU thofe who have injured us , our Lukc- warmncfs is an Abomination to God; our Tongues may fin with Silence ; we are to obfcrve our Holy- Days, not by Reft, but by religious Labours 5 we dishonour the facred Name of God, not only by Blaf- pheming, but by not doing it Honour 5 and if we do not advance his Kingdom, and the Interefts of it, we are Rebels. This may ferve as a general Anfvver to the Que- ftion above-mentioned. But the Particu- lars, which are to determine the Cafes of Confcience which may arife from this En- quiry, are thefe. There are in the Gofpcls two Proverbial Forms of Speech, each of them twice ufed. He that is not with us, is againft Mar. ^^' ^"^' ^^ ^^^^ ^^ ^^^ againji us, is with 40. ' us. The Import of thefe Exprellions is very Lu. 9. 50. different : For as the firft enjoyns us the Labour of Love, an adive Will, and a Re- ligion productive of lafting EfFeds 5 fo the other feems to be content with negative Meafures,to approve of an indifFercnt Will, to permit a Neutrality, not only in Re- gard to many fingle Adions, but when a whole State of Life is palFed over in a ne- gative IndifFerence and Indetermination. Now becaufe both Propofitibns muft ne- ccffarily be true, they muft have diftind: Mea- sures and proper Significations. Therefore, I. When Human A8.ions. 5^^ I. When our Lord faid, he that is not dgainft us is with us, he meant it princi- pally of SrraiigcrSj ofPcrfons not admitted into the Gofpel Covenant. For when the Princes of the Nations confpire againft the the Lord's Chrift ; he who refufes to join v/ith them in effcd, declares that he will not be Chrift's Enemy. 2. As much may like- wife be faid in reference to Qucftions of Religion, not eafy to be underftood 5 or Icfs neceflai'y to be known, or not of im- mediate Concernment to our Salvation. He who docs not dis-believe the Miracles of Chrift, who flops not his Ears againft his Voice,and runs not after that of a Stranger, is not far from the Kingdom of Heaven, If a Man konws but little, yet if he believes nothing contrary to any Word of Chrift, tho' many Words of his are delivered, of which he knows nothing, he ftill is one of Chrift's Fold : So that a negative indiff'e- rence of the Will of this Man, in regard td Articles, of which, by reafon of his Igno- rance and Weaknefs, he knows nothing 5 or in other Words, his nor oppofuig what he underftands not, and cannot underftand, is his Security and his Innocence. 3. That He who is not againft Chrift is with him is true, in reference to Men's Preparations and Difpofitipns to Converfion. He who. makes a due Ufe of a little Grace. (halJ have Z z mores 540 Of the Efficient Caufes of all more ; and he who duly regards the Laws of his Country, who keeps the Juftice of " his Station, and ads by the Principles of Reafon; he who walks according to the Light he hath, tho' he has not the full Light of the Gofpel to direft him j he is fo far on the Side of Chrift, who will draw nearer to him, advance his. Nature, help on his excellent Difpofitions, and by the Methods of the Spirit, bring him to God. Thcfe previous good Difpofitions gradu- ally brought over vaft Numbers of the Jews, and of the Wife, the Moral, and Ingenuous Heathens to Chriftianity. 4. This likewife holds true of thofe, who being fecretly con-, vinced, cannot yet fliake of their Fears i who own Chrift in their Hearts, who fear God fincerely, and yet cannot lay afide the Fear of Men. In this Scnfe Nicodemus was on Chrift's Side, by not being againft him j he avowed as much as he durft, he fpake in Chrift's Behalf, he believed in him, but feared the Jews. 5. In fhort, there are ma- ny other ways, in which Men may be faid to be with Chrift : All who profefs Chrift are with him. He who is baptized, he who is called Chriftian, he who loves the Name, and he who is in the external Communion of the Church, is in fome fenfe with Chrift; becaufe, he is not againft him. For every Member of the Church who retains his B^ptifmal Human ASlions. 5^1 Baptifmal Right, who hath not renounced his Chriftianity, given up his Faith, denied his Saviour, and turned Apoftatej is ftill within the Covenant of Mercy, within the Limits of Grace, and Power of the Spirit : He is ftill a Member of Chrift, tho' barren and unfruitful, his Leaf whithers, and his Fruit doth not profper ; but yet there is a Root remaining. They who offend Chrift and grieve the Holy Spirit, who fin and re- pent, and yet fin and repent again j thefe Men ftill keep up their Hopes, which they could not have, but by being Members of Chrift's Body. They are ftill in his Cove- nant, and defire to remain in it ,• they are his in Title and Adoption : but they muft go further or they die. 6. But when we are entered into the State of Grace, and when the Queftion relates to our final Par- don, and the hopes of Glory 5 then only the other proverbial Form of Speech is true. It is not fufficient that we are not againft Chrift, but we mtiji be with him, and for him. Wc muft be earneft and zealous, paf- iionatc and obedient, diligent and faithful, induftrious and inquifitive. It is not enough that we arc barely in the Rooty or only pre- pared and difpofed to be with him 5 but we muft alfo bear Fruit : and here it is that thofe Words of our Lord are verified, every Branch in me that beareth not Fruit Jhall Z $ bi ^ ij. a Of the E^cient Caufes oj all be cut off. It is not fuffiGient therefore^ that we do hurt to no man, but we muft ]Clp jsvery Man good. We muft not only- go on when we are not hindered, but we jmuft take heed that we be not hindered. When fhe Talent is entrufted with us, as we muft not fpiend it riotoufly, fo rieither piuft we lay it up in a Napkin. Rule 1L The. virtual and interpretative Confent of the Will is imputed to Good or EviL, The Defign pf this Rule is to explain |:he Nature of Social Crimes, in which a Map'3 Will goes deeper than his Hand, tl]o' the Adion of the WiU is frequently indireft and collateral, confequent or di- ftant : But if it hath hut a Portion in the EfFeci, it is enprely in the Guilt. And this may happen, by what the Law calls Ratihabition, which is, by Prefumtion Qf Law efteemed a Commandment 5 and there- fpre Ulfian afiirms of both alike, deficit et qui, T^nandaty et dejicit qui ratum habet, ^e 'who commands^ a^nd he who confent s fo an A^ aft ex it is done, are equally re^ fponfibk fox it\ Now tho' the Law .fays this, only with regard to criminal and. in- jurious Anions 5 yet it is very certain, that '"""'^" ' " ' ' .'•'•— -^ Human A(Bions. 54.3 it holds true likewifc in Contrafts and ci- H'il Affairs. That which a Son or Servant, employed by his Parher or Maftcr, fhail contradl for, is the Father's Ad, if he al- Jows the Contrad to be valid. If the Son borrows Money in the Father's Name, and. by his approbation, the Father is the Debtor. However, there is a real difference be- tween Matters criminal and civil, in this Particular: For, in criminal Affairs, Ra- tihabition, or approving the Ad, does al- ways render the Approver guilty. Thus t.he Jews crucified their Lord and Kings / and he who fays they did well, makes himfelf guilty of that intolerable Murder 5' and by fliewing an impotent Spite and Malice, procures to himfelf a certain and juft Punilhment. This difference how- ever may be obferveJ in criminal A^dions 5 that the Sin of fuch Adions, as are done in Confequence of the Lufts and Appe- tites of the guilty Perfon only, as Adul- tery, Rape, Fornication, is imputed to him only who committed them, and not to him who approved them. For, tho' he who approves thofe kinds of Sins, is guilty before God, in as much as he hath by his Will, affented to what God forbids, yet he is not guilty of the particular Sins of that ofhcr Perfon, But th^n, if this Apprpba- Z 4 tion 341- Of the Efficient Caufes of all tion of his, becomes an Encouragement to the criminal to repeat his Crimes, if it hardens his Forehead, and ftrengthens his Heart in Sin 5 he that approves, really partakes with the Ctiminal in the guilt of thofe Sins, which are occafioned or en- couraged by his Approbation. There are, likewife other Sins, which are, as the Law fpcaks, Ratihabentis Nomine gejia, done ill the Name of another, and partly or wholly for his Intcreft. If therefore thcfe arc approved by him, his Approbation is valid to all evil purpofcs, and is therefore th€ fame, as if the Actions were by him commanded, for whofe Intcreft they were done, and by whofc Will they are ap^ proved^ But it civil Matters, as in Contrads, Debts, Pledges, or Provifions for Pupils, the Law rnuft determine the whole Affair, and to account the Ratihabition or Appro- bation at what Rate, and on what Condi- tions it pleafcs 5 aqd therefore, we are in iach Enquiries to be determined by our own Laws. That which may be a general Meafure, and relates any way to Confci- irncc, is this , where the Law requires an cxprefs Command, j)ro Formay the after Ratification is of noEffcdinLaw, orCon- fciencc, if the Law impedes the EffedJ So \i ^ Mhior enters into a Contrail 'wUhout the Human ABions. ^^5 the Confent of his Guardian 5 tho* the Guardian (hould afterwards allow it, the Contrad would be invalid : For the Law had firft required, tl^t the Authority and Confent of the Guardian fhould be con- cerned in the very Form and Solemnity of the Contrad. If there be any Difficiency in what is by Law required to the validity of the Aft, the Aft is of it felf null and void, unlefs in thofe Cafes where the Law of Nature intervenes. But farther; 2. By Confent ^ tacit and implicit e^ we are partakers of the wicked A6is of others i and by not contradiHingy we are fometimes judged to ajfent. In the main, there is no doubt, but the confent- ing to Evil is a Sin. But the Point here is, to know what are the figns of Confent when it is not exprelTed, and when the Man whoisfilent, may be juftly prcfumcd to be aflenting5 this enquiry is of much \Jk in the matter of prefumptive Difpen- fations. And r. It is plain that filencc is then an implicite Confent, - when the Superior or the Perfon concerned, whofc confent can verify the Aft, and whofe Power can ea- fily hinder it, and who is obliged to hin- der it if it be unlawful, does hold his Peace, and forbids it not. And the Reafon is, be- ^gufe every Man is fuppofed to do his Du- ty 5 4-6 Of the Efficient Caufes .of all ty, ualcfs the contrary be evident. When therefore a Prince beholds his Subjefls doing what the Law forbids, and which he can cafily hinder i it is to be prefumed, that he difpenfes with them in that Cafe, be- caufe he is fenfible that they will under- iland his Silence as a Difpcnfation : if he does not intend they fhould thus confider his Silence, he behaves unreafonably, and holds his Peace to a very bad Purpofe. But this holds not in thofe things which are to be warranted only by a pofitive Ad. And tho' Connivance may arife from ■ a neglect of Duty, or from other Caufes, asPufiilanimity, Fear, orWeaknefs, which becaufe they cannot' always be proved or obferved, and fo filencemay be legally un- derftood to be Confent or Difpcnfation 5 yet the Confciehce muft proceed more warily, and on furer Grounds ; and where there may be fo much Uncertainty in the Prefumption, the Confcience muft a6l upon anorc certain Grounds, muft ftridly follow her Rule, or muft have great Reafons to juftify her Liberty. In reducing this to Praftice, the follow- ing Cautions are to be obferved. I. When a Subjeft proceeds to Adion upon a Prefumption of Leave, or tacit Difpcnfation, this Prefumption is to be laid hold on before the Adion be done, an4 not Human A^iions, 53 y not afterwards. For it can never be honeft ^ to do an Adion,^in hopes of Leave to do it afterwards i for till the Prefumption be adlualiy given, or rcafonably made, it ihould be confidercd as prohibited, and therefore unlawful. A Difpenfation ob- tained afterwards, were no better than a Pardon, which is fo far* from rendring the part Adion innocent, that it fuppofes it to Jiave been criminal. He who fins in Prof- pcd of Pardon, dreads nothing of the Sin| but the fmart of it, and imagins there is no Evil but Punifhment, and is vertuous from no Motive but that of Fear. If there- fore, before the Adion be performed, the Difpenfation be not rcafonably prefumed, pothing that comes after, can fo far alter the Adion, as to make it wholly juftifi- able. 2. This Prefumption is not to reach be- yond that very Adion, which is done in the Prefcnce, or within the Notice and Ob- fervation of the Superior. For, be it ne- ver fo true, that he gives a tacit Confent in this particular Pointy it does not there- fore foilQW, that he gives the fame Per- iniffion to all, or any Adions of the fame kind, which we may afterwards think fit to do. For that may be juft and tolerable ^t this tiiiie, which, upon a change of Cir- cumftances, may become Evii;^ and there- fore 54-8 Of the Efficient Caufes of all fore ought not to be repeated. In fbort; fince this Difpenfation depends wholly up- on the Perniillion of the Siipcrior, and this Permiflion may then only be juftly pre- fumed upon, when he obfcrvesthc Adtion and forbids it not, the Prefumption wholly ceafes, when he fees it not i and there- fore a tacit confent to, or Permillion of an Adion which was obferved, can never imply a Permiflion of other Anions, not obiervcd by him. 3. If the tacit Difpenfation be of fuch a Nature, that it cannot permit or give leave to a prcfent obferved Adion, but by in- troducing a Faculty, a State, a Power of doing the likcj then it is very certain, that if the prefent Adion be tacitly difpcnfed withal, and confented to, a Prefumption may then reach to all of the fame kind. But then, we mud take Care, not to pre- fume upon this tacit Confent too eafdy. A certain Bifhop, for the fake of Exercifc, flinging a leaden Weight, accidentally killed his Servant, who came crofs the Way, as the Lead was irrecoverably gone from his Hand : By this unlucky Chance of Blood, he is made irregular. Afterwards, in the Prcfence of his Superior, feeing a Young Turk expiring, who had expfefled a ftrong Inclination for Cbriftiany, he baptizes him the Inftant before his Death, and was ob- ferved Human ABions. 549 fervcd and connived at by his Superior i and therefore he had a prcfumptive Dif- pcnfation, for the Irregularity he was under. But fince this finglc Adion could not have been difpenCed with but by taking off his Irregularity, it therefore took av/ay all that whicii could hinder the future difchargcof his Epifcopal Office, and therefore he has an equal prefumptive leave for fuch future Adions as will not be obferved, as for this which was obferved. II. There isftill oneway naore of difoo- vcring when we may prefume upon an iin- plicicit or tacit Confcnr. He does impli- citly permit an Adion, who yields or com* mands, that a thing be done, from which fuch an Adion or Permiffion muft necelTa- rily follow. He who makes it necclTary for me to do a thing, is as much the Caufc of my doing it, as if he had commanded me to do it. But this is lomewhat more than a bare tacit, it is rather a virtual Dif- pcnfation. He who confers on mc the Order of Prieft-hood, defigns I (hould per- form all the Duties of it. But if a Prince pardons a Criminal, who afterwards proves a Thief, or a Murderer; tho' he could not have robbed or murdered any more but for that Pardon, yet the after Theft or Murder are not imputable to him who granted the Pardon, unlefs he gave it with that de- fign ; for there can be no neceffary or na- ural 350 Of the Efficient Caufes of all tural Connexion between forgiving paffi Guilt, and repeating it after it is forgiven. It may not here be improper to enquire^ how far it may be lawful or innocent to permit a Sin, The Cafe is this : An Ita- lian' Gentleman invites a German Ambaf- fador to dine with him 5 he treats him no- bly, and fets before him plenty of the rich- cfl Wines, enough to exhilerate him and all the Company : But the German accord- ing to his Country Fafhion, thinks it no Entertainment, unlefs he be made drunk. Now, the Point is this , whether the Ita- lian fins in fetting before him fo much more as will fatisfy the utmofl ftretch of his In-r temperance? or, is it lawful to fufFer him to be drunk > Had fuch a Qiieftion been asked in the firft ages of the Church, the Inquirer would have been feverely checked for not better underftanding the Laws of Sobriety and Hofpitality, and the Meafures of Chriftian Feaftings or Entertainments. There is no doubt, but as a Feaft is an Enlargment of our ordinary Diet, fo in the Entertainment of Guefts, we may make a greater ufe of our Li- berty, upon Condition we do not exceed the bounds of Temperance and Sobriety, which as Chriftians, we are on any Occafion, for- bid to do. Would the Italian Gentleman fuflfer the German to lie with his Women , "^hen Human Acllons. when he entertains him, and make his Chambers a Scene of Luft ? And why may not his Chambers be as well poihated with Luft, as his Dining-room with Beaftlinefs and debauchery ? Is not Drunkennefs Dif- honefty as well as Luft ? There is certainly no other dift^erence in thefe things, but that like Cloths, Vices may be more or \c(s in Fa(l]ion. If a Man asks an Alms, v/e com- monly refute him, if we have reafon to think he'll lay it out in Drunkennefs, and we think ourfelves obliged fo to do : And can it be lawful to encourage that very Sin within doors, which we thus conftantly difcourage without ? A Man muft, by no m,eans, confent to his Brother's Sin, and he who can and ought to hinder it, but does not, confents to it by interpretation. He who reaches out to a Man an intem- perate Draught, with which he fees him ready, to down his Soul, is juft as innocent as he who lends another a Knife where- with to cut his Throat. But this is to be underftood, when the Cafe is evident and notorious j for in the approaches and pre- parations to Drunkennefs, the Matter is lefs than the lending a Knife in the other Cafe, becaufe it is yet doubtful, whether the Man will be adually intemperate : But if it be plain that Drunkennefs is intended, the Cafe is much the fame. Hofpitality is one 351 35^ 0/ the Ejficient Caufes of all one of the kinds of Charity 5 but that is but an ill Welcome, which perhaps gives a Man a Fever, and after that, it may be an irrecoverable Damnation. Let us here enquire further, Whether or no the making or providing the Injlruments which commonly are fubfervient to Sin^ he by Interpretation fitch an Aid to the Sin^ as to imply our Wtll andConfent to it ; and make m partakers of the Guilt of it ? To this it may be faid in General j That all thofe Arts and Trades of Life, which mi- niftcr only to Vanity and little Pleafures i fuch as Juglers, Tumblers, Players, Fen- cers, and the like arc of ill Report 5 it ha- ving been enjoyned by the Apoftle, that e- vcry Chriftian fhould labour with his Handt^ that which is goody that is, fomewhatufe- ful to the Commonwealth, and well plea- Jing to God: And all the Aftions of a Chrifti- an muft be reduced to one or other of thcfc Phil. 4. 8. Heads, that they be either True or Honeft, Jufl: or Pure, Lovely, or of good Report : Not that thefe Arts arc unlawful, becaufc they are direftly Evil, but becaufe they do little or no Good, and are frequently the occafions of much Evil. At beft they arc ' but vain Adis^ and if as fuCh, they are not punifhable, they certainly defcrve no En- vcouragement. But Human Anions. 353 But fome are apt to enquire, Whether the Trade of Card or Dice-Makers caq be Jawful ? For fay they, thefe Things are Ufed by the worft Men, and to the word Purpofcs. To this it may be anfwered, that fome Things have an immediate and nccef- fary Tendency to Sin j others miniftcr to it accidentally : fome Things are Sinful in their very Defign and hiftitution, others on- ly by the fault of thofe who ufe them ilh Thofe Things which immediately, and from their very Defign and Inftitution minifter to Sin, are no doubt unlawful but where Things may be Serviceable, and arein them- felves innocentjif they may be harmlefly ufed, notwithftanding the general Abufe of them. He who makes them only for fuch Ufes as they ought to be applied too, partakes not of the Crime of thofe w4io pervert the Dc- figns and Produftions of his Art and La- bour. It follows therefore, that if it can be innocent to play at Cards or Dice, it may be innocent to make them; if it be not in- nocent to Play, that which ferves nothing but the Caufe of Sin, muft be too nearly al- lied to it; and is under the fame Condem- nation. We fhall therefore here make a Reflcdion or Two, upon that other Quefti- on,. Whether it be lawful to flay at Cards or T^ice ? Vol. II. A a St. 554- 0/ ^^^^ Ejficient Caufes of aU Homii.vi. St. Chryfoflom ^&nsNon^eum inven'ijf^ '''^'^''^' Ludim fid T>iabolum, That the T) evil and not God invented Tlay, Bat the Severity with which he and many others of the an.- tient Fatherfhavc treated Gaming, arofe from the vile Ufe that was commonly made of it i that it w^as made a Trade of Fraud and Deceit, that it fcandaloufly gave occa- fion to Qiiarels and Blafpheming^ and ren- dered Men infamous for the mifpending their Times, and^thc Ruin of their Fami- lies 5 that it frequently made Wife Men Fools and Slaves to their Paflions. We arc not to wonder therefore, that Holy Men and Wile Governments having obferv'd the in- tolerable Mifchiefs of it, lliould overlook f any thing in it that might be innocent, and wholly condemn it. And it is very certain, that taking it in this View, nothing too ievere can be faid or enaded againft it. But then. If the Cafe can be otherwife ,• If playing at Cards and Dice can be an in- nocent Diverfion, the terrible Things faid againft it, will not afFedthofe who thus ufe it 5 and indeed, even in fuch Places and Go- vernments, where the Civil Laws had made the fevereft Provifions againft Gaming, fome of their greateft Men have ufed it in this latter Senfe, without the leaft Scandal or Reproach. The beft aind graveft Men may fometimes be allowed to unbend their Minds ; and Human Atlions. 555 and Horace tells us, that Scipio and Lxlius Hor i. ii, would thus play, till they had digefted their ^^^* ^* Meals. And Valerhis Max'tmus^ fpeaking- oi ^Mucins y tells us, th^t fome times he would play at T)tce and Table s, when he had fir ft profperoufly and wifely ordered the Ajfairs of the Common-wealthy and of Re^ ligton i in ferious Things y behaving like Scavola ; and with Regard to his Recre- ations acting like a Man, And even for- tius Cat himfelf wife and fever e as he waSy yet plaid at Tables, in Order to rela^ and refrejh his Mind, And if Cards and Dice are not in their own Nature Evil ; if they are not neceffarily attended with bad Confequences ; if they can be ufed without Guilt or Reproach, without Dan- ger or Scandal, they are then as innocent as any other Diverfion. In the Cafe here ftated we confider them only as they are ufeful to refrefh and relax the Mind 5 like the Paufes in fine mufical Compofitions, they are Refts to the Spirit in the Intervals of Labour. Now, that Cards and Dice are in thenv felves lawful, I do not fee any Reafon to doubt. If they are not lawful, it is either becaufethey are forbidden, or becaufethey have fomething in them which is forbid- den. But they are no where of themfelves forbidden ; and what then is in them that A a 2 is Of the Efficient Caufes of all is criminal or fufpicious ? Are they to be avoided bccaufe there is Chance and Con- tingency in them? Why, f fo like wife he may ufe his Recreations. A Man may very innocently, and to good Purpofes, go into a Tavern j but they who frequent it, have no excufe, unlefs theFr irinocent Bufinefs obliges them to meet there often, and the feverity of their Re- ligion bring them fafely off. And thus it is with Regard to thofe Sports 5 only with this Difference, that there can be no juft Caufe for frequenting them. There is only one juft Reafon for ufing them, and that returns but feldom, I mean, the Refrcfli- ment of my felf or my Friend i and to this I may juftly and charitably contribute : But when our Love of Sports arifes to that Exccfs, that we long for, and /ludy Oppor- tunities, when wc tempt other\, are weary of our Bufinefs, but not of out Divcrfion i. Sports or Games, in this Senfe, are not fo properly a Recreation, as a Sin. Aa 3 2. H^ ,358 Of the EflicieM Caufes of all 2. He who intends to make his Games lawful, muft not play for Money, buc for Refrefhrnent. This, tho' perhaps few will believe it, is the moft confiderable Thing to be amended, in the Games of civil and worthy Men. For, the winning of Mony, never raifes the Pleafure of the Game, but when there is real Covetoufnefs at the Heart. The Recreation is defigned to divert the Mind or Body from Labours, by attending to fomething that pkafcs and gives no Trouble , and this properly lies in the Con- dud of the Game, in managing a profpe- rous Chance to Advantage, or in retrieving the unlucky. But, when Money is at Hake, the Sum is either trifling, or it is confider- able : If it be trifling, it can be of no Con- fcquence, unlefs to fcrve the Ends of fome little hofpitable Entertainment, and then there is nothing amifs : But if it be confi- derable, there is a wide Paflage opened to Temptation j and a Man cannot be indiflx- rcnt, at winning or lofing a large Sum of Mony, how unconcerned foever he may pretend to be. If a Man be willing to lofe his own Money, or indifferent about the lofs of it, and not at all defirous to win another's, to whait End does he play for it? If he be not indifl^erent, he is either cove- tous, or he is a Fool; He covets that which is not his own, or unrcafonably hazards that Human ASlions, ^59 that which is. If without the Money he cannot mind his Play ; then the Game is no Diverfion or Recreation ; but Money occafions all tl\e Sport, and Avarice is plainly all the Dcfign : But if he can be diverted by the Game alone, then Money docs but change it from lawful to unlawful ; makes Man, inftcad of refrefhing himfclf, become covetous j and inftead of the trouble of Labour or Study, leads him into the worfe troubles, of Fear, Anger, and impatient Defires. Now, here the Mifchicf properly begins ; here Men are tempted to have re- courfe to the viicft Arts 5 here Cards and Dice besin to be a diabolical Diverfion, wherein Men ufe their utmoft Wit and Study to cheat and ruin one another. A Man indeed may pretend that he plays for no more than he is willing to lofe; and that therefore, Plcafure was his main View, tho' Money was concerned in it. But it is not eafy to believe fuch a Man ; for if that Sum were fo indifferent to him, why is he not eafily perfwaded to give an equal Sum to the poor and needy ) Or even that Sum? for his Diverfion would not be the lefs, if Diverfion were all he intended. J. No Man can play lawfully at fuch GameSjbut thole who are difpaffionatc,whofc Spirits are fteady and under the Command of Reafon and Religion. Men, as luve- A a 4 nal Of the Efficient Caufes of all nal has truly obfervcd, may weep fo- lemnly for the Dead, but they ^x^fincere'y afflided at the lofs of their Money. And Alexander the great behaved very juftly, when he fet a Fine uponfome of his Friends, \'\\\tz^{nbecaufe they did not play at T>icey but con^ kn^'ef tended 'Wiih each other as in a Matter of ^poplL the utmoft Moment. He who plays at Games of Fortune, fhould truft nothing to Fortune's Conduft, theLofs of which would make his Paffions too hard for his Reafon. Not, that every little Difatisfadion, tho' for a trifle, is criminal; but it is certaia that every Degree of it, has a plain tenden- cy towards Evil, and therefore the Ufe of it is not fafe, becaufc the EfFeds of it may be intolerable. If neither the Chances will run as we would have them, nor our Paf- fions as they ought, it can be upon no Ac- count fafe to play 5 unlefs to repine and fret for trifles, to fwear and lie, to curfe and blafpheme, to defraud and forfwear, to covet and to hate, can be innocent. 4. For thefe Reafons it is, that it is com- nionly advifed by wife Men, that young Men be by no means permitted to play at Dice, or the like Games. Young Men and Boys lofe their Money, and learn ill Man- n crs at fuch Games : Their Paflions are ftrong, their Defires fierce, their Anger fudden, and their Flames are ftirred perpetually by Chance Human Anions. • 565 Chaiicc. Sidonius therefore rightly obferves, Jllea eft Oble5iamentum Senum, at Tila Invenumy Tables fhould be the T^iverfton of Old Men, the Ball is more proper for 7outh. And Cato allows to young Men, the Di- ver fion of Arms, Hor fes, and Bowsi but thinks Dice and Tables ought to be allow- ed to Old Men, whofe Minds are more to be refreflied by Amufements, than their Bo- dies by Labour and Exercife : But this is rather Matter of Prudence, than of Con- fcience. 5. That our Sports may be innocent, we muft take Care that they be not Scan- dalous; that is, we muft not enter upon them in wicked, no, not in fufpicious Company. We muft neither do Evil, nor appear to do Evil. We muft not converfc with wicked Perfons, nor ufc our Liberty to our Brother's Prejudice or Grief. Wc muft not do any thing, which he may probably and innocently think to be Evil, until he be better informed 5 nay. Enemy even a feeming Occafion to reproach us. \ (. R ULE ,t ON 3 6ii If the Efficient Caufes of all Rule III. \£i of the Will alone tho* no exfer-^ naf A6t or Event does follow, is im- puted to Good or Evil, by God and Mm. The External Ad of Sin, God, for Ends of his own Providence, doth fometimes hinder : And yet he, who fain would, but cannot execute his wicked Intentions, is not at all excufed, or lefs criminal before God. But may fome fay, is it not Cha- rity to hinder one Man from killing ano- ther ) And if fo, then there may be Guilt in a bafe Aftion, as well in a criminal AfFeftion, and the Hand may fin diftinftly from the Heart : But then it will be falfe to fay, that all our Good or Evil proceeds from the Will ,• and at the fame time impolli- ble to tell, from what Principle the Evil of the Hand is derived, if not from the Evil Will. This makes it neceffary to en- quire into the Union, or the Difference of external or internal Adions, and the In- fluence the Will hath upon the outward Ad, and whether it can receive any Ag- gravation, more than it derives frbm the inward Principle. To Human Actons. To this it may be faid, that the whole Morality of any Adion depends upon the Will. The Eye it felf is not adulterous, but only the Inflrument of an adulterous Heart i and the Hand is not the Thief bc-^ fore God, but the covetous Defirc; as is plain from hence, becaufe if a Man takes the Goods of his ISIeighbour, which he would not have taken, had he known they had been his, is wholly innocent before God. And yet it muft be owned, that it is more criminal to fteal, than to covet ^ it is worfe to debauch our Neighbour's Wife, than to lufl: after her. But then the Reafon is, becaufe the doing the Adion, fuppofes a great many preceding Afts of Luft, even the whole Method and OEco- nomy of Sin : For every Ad of the Will, every the leaft degree of Defire is coveting or lufting. The natural Inclination of the Will, is not fo much an Ad, as aDifpo-' fitioq, a Capacity for Ading i but to arreft and ftay the Will upon a guilty Objed, to pleafe the Imagination, to defire the Adion, to let the Heart confent deliberately, and refojutcly 5 thefe are properly the Ads and Ptoduds of the Will. Thefe are gradu- ally ^nd fucceilively its diftin^ Ads, till it prepares, and addreffesit felf to the out- ward Adion. And tho' the bare Adion, were not in it felf worfe tlaan the laft de- liberate 164. Of the Efficient Caufes of all liberate Purpofe and Intent of the Will 5 yet, when it is laid to be Charity to keep a Man from perpetrating his Luftful Dc- iigns, it certainly is fo in this Refped, be- caufc in ading the crime externally, there are frcfh Ads of the Will, even the whole Method of Death is compleated, the fame Afts of the Will are repeated or confirmed, and Mifchief is done to fome Verfon or to fome Intereji, to fomething diftind from the finning Man, and there are fome new Circumftances, to which new Ads of the Will are made neceflary : But yet, if we compare every Confent and deliberate Pur- pofe of the Will with the Adion, or that part of the Adion, which is immediately produced in it 5 there can be in that Event no Morality, no Good nor Evil, but what comes from within. He therefore that hinders a Man from Ading his Luft, hin- ders him not from fins diftind from thofe of his Will, but only from more fins of the Will; from repeating, confirming, or continuing in the fame chofen folly- From hence it will not be difficult to determine, which is the greater Sin, the wifhing and defiring a great Mifchief, and willingly doing but a little onci or the doing a great and intolerable Mifchief, with a little Malice. It is certain, that the Sin is much more heightened by the Malice of Human Anions. 565 of the Aftion and Event, than by the Ma- lice of the Will, if the Malice of the Will be little, butthcMifchief of the Event great and intolerable. For, to dcfire at firft a very great Mifchief, and then to do but a fmall one, implies that the great Malice went not to its utmoft Extent; it was wiflied, but not refolved on, and delibe- rately determined. This Malice how great Ibever at firft, became inefFedive, and was laid afide before it was exerted by the Will. But when a great Mifchief is done by a little Malice, to that little we are to im- pute all the Event i or if not to it alone at leaft, to that Malice managed by Igno- rance, Careleffnefs, and Folly; whichfincc the tMan might have overcome, he (hall be judged by his Adion, and nos by his ignorant and imperfeft Choice. But in Order to difcover the Identity and Diverfity of external and internal A- ftions, and the Multiplication of Sins by them 5 the following Obftrvations may be ofUfe. I. Every external Ad, proceeding from that which is internal, makes but one mo- ral Ad, whether it be good or bad. The Will, ading by the Hand, performs but her own Adion, by her own Inftrument. And therefore, the' it may Thyfically or naturall) be confidered as two diftind A- dions ; 6 6 Of the Efficient Caufes of all ftions, yet morally it is but one. For what the Hand does, can be neither Good nor Evil, but as it was influenced by the Will. 2. But tho' the external Ad be not pro- perly nor formally good nor bad, yet it may (tho' only accidentally) heighten the Goodnefsor Obliquity of an internal Adion. A Charitable Man fends an Alms to a poor Man by one of his Servants, who keeps it for his own Ufe : The Matter, in this Cafe, will not lofe the Reward of his Charity ; for his internal Ad was good, but was no Caufe of the outward Event at all. And if a Man fteals in the Night an Horfc from his Neighbours Grounds, but in the Morn- ing finds it to be his own, he is no lefs guilty in the fight of God, than if \% had been his Neighbours. Now, if there be any Guilt in this external Ad, itmuft be becaufe the internal Ad was really wicked ' and malicious. In thofe Cafes, where the internal Ad is not the Caufe of the out- ward Event, tlie fin is terminated within 5 and to him who is to judge us, is as vifiblc there, as any outward Adion : But when the internal Ad is properly the Caufe of that which is external, there is then more done than the Will alone could do. And in this fenfc it is, that the external Ad may be faid to h«ve in it, the Materiality of Good and Evil, and may be accidentally better Human Anions. better than the internali fmce the Will very frequently does better in reducing her Purpofcs to Ad, than in barely willing, and intending.^ 3. And for this very rea- fon, the outward Ad: fuper-adds new Ob- ligations, beyond thofc which follow upoa the mere internal Volition, tho' never fo perfed and complete. For the outward Ad is exemplar in Virtue, and fcjindalous in Evil : It obliges to Reititution, to Eccle- fiaftical Cenfutes, and legal Penalties 5 the external Participation of the Holy Sa- craments, hath in it fome Advantages be- yond the internal. But ftilj, thefe things are accidental to the Adion ; they are not the dired Morality, but only the Effeds of it. 4. If the Courfe and Continuance of the outward Ad be interrupted, and then entered upon again, when the Reafon of the Intermiffion is over i that Adion, tho* it fecms but one, is more than one either criminal or virtuous Ad, refpedively. He who rcfolves to educate a poor Orphan, in Order to make him an happy and a worthy Man, docs often-fleep, and often not think of it, and hath many Occafions to renew his Refolution i tho' the Obligation be ftill permanent, yet if he finds new Pleafurc in it, and again chufes it, the Alms will be imputed to him more than once, and he docs more than one Ad of Charity. 5» External 2 6 8 Of the Ejjicient Caufes of all External Aftions, in order to one end, tho' occafioned by one internal Ad, or Refolu- tion of the Will, do not make only one external Aft, unlefs the en4 be at one and the fame time acquired. He who is deter- mined to lay wait for his Enemy, till he have dcftroyed him, and therefore is upon the watch for him, to-day, and tomorrow, but does not find an Opportunity for his Defign till the third Day i that Man's Sin is certainly more than one, tho* his Refo- lution was but one. The Rcafon is^ be- caufe there muft neceflarily be a Repetition of the fame Refolution, at lead, of fomc Ads neceffary to the fulfilling of that Re- folution. So every impure Touch, in Or- der to impure Embraces, is a Sin diftind from the final Adultery, and fo is a plea- fing Remembrance of it afterwards. But becaufe there may be fome little Difficulty in thefe Remarks 5 we fhail add this, which is plain and ufcfuU : That every renewing of an outward Adion, in Order to a fin- ful end, is cither a Repetition of the Sin, or at leaft, an Aggravation of it. He who contemptoufly calls a Man Fool three times together, either commits three Sins, or one as great as three : And he who gives a Man fcven Blows, in order to mur- der him, has fo many times lift up his hand againft God. And if after any confider- able Human Anions. 3^9 able Interruption of the Ad, the inten- tion be renewed, fo often is the Sin repeated, tho' it fhould afterwards produce but one outward EfFed. Let us here enquire further, what degrees of Guilt, are contradcd from thofe Begin- nings and Defircs of Wickednefs, which are left imperfed ahd unfinifhed. It has been already obferved, that tlid inward Ads of the Will are often punifh- able by human Laws j and this may give fome Light into theprefent Enquiry, con- cerning the Eftimate which God and Con- fcience are to make of imperfed Adions, For, tho* in the ordinary fenfe of humaii Laws, it is of great and very different Con- cernment, that a thing he fecret or piblkki yet in keference to God and Conleience^ f this makes no Difference at alii fo^^ bere^ nothing is fccret, every thing is vifible, and it is always Day here. Our prefcnt En- quiry therefore, relating to thofe Adions 'which are imperfed, and which, as they arc yet immature, and only in our Defires and Intentions, 4;iiay cfcape human Notice; this muft be our Rule, nunquam Mens Ex- it u £jtimanda eft, God judges not by the Event, but by the Heart, by the good or ill Will. He who rcfolves to Murd r, has his Mind Bloody, tho' his Hand be pure, and (hall find the fame Vengeance as if he Vol. IL Bb hadU 57^ O/^Z?^ Ufjicient Ccmfes of all had Murdered. But wc arc to underftand this of the laft Ad of the Will, that which is immediate to the outward Adion : when therefore we deliberate, not whether or no we fhall do a vile Aftion, but how we fliall do it; our Intention is as iiateful and punilhable before God, as the Adion it- felf would be. It is here of no Advan- tage to the Sinner, that God proteds the Innocent, and fecures him from his Fraud, or Violence, or Slander } he hath done the wicked Adion, to all the Purpofes of Guilt and Puniflimcnt, when he refolved to do iti for there are, properly fpeaking, no Degrees of Morality beyond the laft Ad, or full Con fen t of the Will. And, tho* Cuftom has, againft the Purpofe and Dc- fign of Laws, generally^ given Impunity to thofe who have attempted to commit vile Adions, without performing themi yet, in the Court of Confcience, and by the Rules of Religion, the Cafe is juft the fame, in Point of Guilf, whether they arc com- mitted or not committed. Rule Human ASllonSi Rule IV. jin invohintary Ejfe6i proceeding from d voluntary Caufe^ is Imputed to the A- genty as if it were voluntary^ andchofen directly. He who Drinks to E^cefs, that he may without Fear or Shame, commit Fornica- tion ; tho' when he doth it, he has neither the \3k of his Reafon, nor his Modefty % the' he cannot deliberate, and therefore, cannot chufe 5 yet, he is guily of Forni- cation as well as Drunkenncfs. He who cats high, and drinks deep, that in his Sleep he may procure Pollution, is certainly guilty of that Uncleannefs, as well as that Excefs, intimated by St. 7aul in thefe Words, make not Trovijion for the F/eJht to fulfil the Luffs thereof That which any Man propofes to himfelf, as the guilty Ef- fed of his Intemperance, or which he has Reafon to think may be the Effcd of it, is his Crime, tho* it naturally follows from the Condition or Temper of Body or Mind» to which he has brought himfelf. So like- wife he Sins, who Swears by Cuftom, tho' he neither knows, nor confiders what he fays : For he chofe thofe Adions which in- troduced the Habit. B b a But Of the Efficient Caufcs of all But we are to underftand this Rule with thefe Cautions, i. The involuntary EfFcd is imputed to the voluntary Caufc, if that Effed were forefeen or defigned, tho' at the Time of producing it, the foolifh Maa knows but little of it, no more than a Brute does of his own ads of Pleafure, which indeed he perceives by Senfe, but does npt enter upon them by Counfel or Defign. 2. But tho' all the evil Events which are forefeen, or ought to have been confidered, are imputed even then, when they are not in his Power, to him who willingly introduced the Caufe of thofe E- vils i yet, whatfoever was not forefeen, and therefore not defigned nor chofen, by Con- fequence and Implication, is not imputed to him, who hath laid himfelf under that foolifh NeceiTity. Agreeable to this, was the Dodrine of St. Auftin, who fays, that Lot w^s anfvverable for his Drunkennefs, but not for his Inceft, which he neither forc- faw nor intended. 3. When a Man falls into fuch a State or Condition, in which he cannot. chufe, the Ads done in that State are imputed to him 5 if they be fuch as require no new Confent, and if they arc agreeable to his former Will. A Catechu- men defires to be baptized, and then falls into Madnefs, or a Lethargy i he is capa- ble of being baptized, now, fincc there was no Human Anions, 9*^3 no Impediment, no Indifpofirion in him before. The Grace of the Sacrament is fo mere a Favour, that it is the firft Grace to the Reception of which, nothing on our Parts is previous, but that all Impediments be removed. Since therefore, in this, the Man ispallive, his prefent Incapacity of mak- ing new Ads of Choice, cannot render him incapable of receiving a Favour. 4. But in Matters of Punifhmcnt, the Cafeisfomc- what different. Mizaldus a Florentiney fmote an Officer of the great Duke in the Court 5 and being apprehenilvc of his fuf- feting an heavy Punilhmcnt, grew fad and impatient, and at length diftraded. Now, the Qiicftion upon the Cafe, is this j whe- ther this Man being diftraded, maybepu- nifhed with Death, or lofc his Hand, for a fad he was guilty of in the Days of his Health and Underftanding? Theanfwersto this may be various, according to the fe- veral Cafes which may arifc. i. If the Pu- nifhment cannot be inflided, without legal Procefsand Trial, Convidion and Sentence, the diftraded Man cannot be punilhed, be- caufe he is not capable of palling thro' the Forms and Solemnities of Law i but if Sen- tence were paffcd before his Madnefs, the Punifhmcnt may be juftly inflided, unlefs fome other Reafons interpofe to hinder it. 2. But in Punifliments, where no judicial B b 3 P|^Qcef§ 374- Of the Efficient Caufes of all Procefs is required, a diftraded Man may bepunifhcd for what he did, before he loft his Underftanding. If a Son ftrikes his Fa- ther, and then becomes Mad, notwith- ftanding his Madnefs, the Father may dif- inherit him : And he who by a chofen and voluntary Aft of his own dcfervcs it, is not by Madnefs, rendered incapable of a Pu- nifhment, to which in this Cafe, nothing " but a Paffivenefs is required. 3. This holds alfo in fuch Punifhments as are ij)fo Facto incurred. For, here the Punifhment is in- curred, before the Man is adually mad j for the Crime it felf is to him both Judge and Sentence, and the Sandion of the Law is here all the Solemnity. 4. But as to Punifnments emendatory^ fuch as befides the exemplary Jufticc of them, are intended to reform the Criminal 5 thefe the diftradl- cd Man ought not to undergo, whether the Sentence be pafTed by the Law, or by the Judge; or, whether it be palled before his Calamity, or after it. For, fuch Pu- nifliments being calculated, for an End which here cannot be attained, are wholly to no Purpofe, and therefore, altogether unreafonable. If che Man is not capable of Amendment J he certainly ought not to undergo fuch Punifhments as are purely amendatory. And in Fad, the Moderatioi^ of Chanty? in ChrilUan Judicatories is fuch. Human ABions. 575 that they refufc to inflict corporal Punidi- ments on diftrafted People, who are gene- rally confidcred as too miferablc already. Rule V. Nothing is good or bady but what we knowy or about which we can delibe- rate. The great Meafures of Morality, arc thefe, to chufe the good, and efchew the Evil: Neither of thefe can be chofen or avoided, but it muft firft be confidered and difcerned. Thofe Things therefore, about which we cannot deliberate, can be nei- ther morally good nor evil 5 and confequent- ly, they who cannot deliberate, are neither Virtuous or Vitious : However thofe things are lawful, and thofe Perfons innocent only in a negative Senfe, as the things arc not Evil, nor the Perfons Criminal. There is no neceflity here, to cnquir- into the Condition of the Heathens in ano- ther State, upon account of their not have ing performed fomc Duties, to which we as Chriftians, arc obliged. This Enquiry concerns us not, as it is no Cafe of Con- fciencc. But, thus much we may venture to fay, that all Men have the Law of God writqn in their Hearts, and his Being and Bb 4 Moral Of the Ejpcknt Caufes of all Moral Attributes, are fo fully manifefted in his Creatures, the Works of his Hands^ and in his Providence, that no Man can judly fay, he knows not God. It may likewife charitably be prefumed, that no Man fhall perifh eternally, but by his own Fault 5 and hence it feems to follow, that he' who will make a dueUfeofthe Means he hath, .fhall know all, that in his Cir- cumftances, is jneceflary to be known. E- very Man hath Knowledge enough to make hirii good, if hinifelf pleafes 5 and it can- not but be extremely criminal, for Men not to enquire into the means of fecuring their laft and moll important Intereft. But, as fuch a Negled is much morcin- cxcufablc in Chriftians, for whom alone, his Rule was intended i we fhall now en- quire farther, what things a Man may^ or maj not innocently be guilty of, 1. NoMancaninnocentiy',bc ignorant of |:hofe things which all the Nations of the World, iiavc cpnflantly believed and pro- feffed ^ as, that there is a God, that he adls by moral Attributes, that he is to be Wor- fhipped, and that Men muft do no more Wrong, thai^ they are willing to receive and buffer. 2. No Chriilian can innocently be ig- norant, of what the Catholick teaches as, fieccffary to Salvation. And the Rcafoa " ■ is. Human Anions. 577 is, becaufe every one who knows any thijjg of God, and of a State of future Happi- ncfs or Mifery, as every Chriftian is fup- pofed to do, cannot but know it to be nccef- lary for him to learn fomewhat or other, in order to his enjoying the State of Hap- pincfs i and if he mail learn any thing, then certainly he muft learn that which is inoft neccllhry; and what this is, none can teach fo fully and readily as the whole Church ; and if, the whole Church teaches it as neceflary, then it is taught every where, and at all times 5 and then the Ignorance of it among Chriftians, cannot be fuppo- led to be innocent. 3 . Thofe things which relate not to a good Life, nor to the Neccflities of this World and the other, arc not neceflary to be known by every one 5 becaufe, beyond thefe there is no abfolute and univcrfal Neceflity. But beyond thefe, 4. Whatfoever concerns every Man's Duty in Special, to which he is efpecially obliged, of that he cannot innocently be ignorant of, fince'he hath put himfelf un- der a fpecial Obligation to a new Duty, for the performance of which, he muft take Care to provide himfelf with proper Aids and Notices. A Bifhop muft underftand, not only the Articles of Faith, but alfo the Rules of Manners, not only for himfelf, but 578 Of the Efficient Caufes of all but for thofe committed to his Charge. He He muft be able to inftruft others in the Myfteries of Religion, and to convince the Gainfayersi or in other Words, he muft have Knowledge and Capacity enough to do what God requires of him, and what him- lelf hath undertaken to do. As to the Proportion of Diligence which is neceflary to render our Ignorance Inno- cent s we may beft difcover it by thefe two Meafures. firft, that our fearch after things neceflary to be done, muft have no Abate- naent or Diminution s we muft take Care that it be fo great and diligent, that the thing be done: Butfccondly, in Things not abfolutely neceflary, fuch as are only con- venient, advantageous, or ornamental $ it is certain > that we are not obliged to all the Diligence that is naturally poflible , for fuch things as thefe, are not Amply necef- lary, and therefore, are not by all Meaas neceflary to be acquired. Rule Human Anions. ^j^ Rule VL Ignorance doth always excnfe the FaB, or leffen the Malignity of it, or change the Kind or Nature of the Sin, Ignorance, according to its fcvcral Ca- pacities, and in the leveral Methods of Art and Ways of fpeaking, may be con- fidered under feveral Charadlcrs. But as it relates to Confcieiice, all may be reduced to this, that it is either voluntary , or invo- luntary, vincible or invincible, or it can be . helped or it cannot. Tho' therefore, there arc many degrees in thefe Kinds of Igno- rance, yet none but the Kinds now men^ tioncd, are here fit to be confidercd. I. The firft fort of Ignorance, which is involuntary y invincible, or, if you will, the Caufe of an ASiion^ fo that the thing would not be done, but in Confequence of that- Ignorance, does iikewife, render the A- dion it felf, in a Senfe, involuntary, and therefore, not criminal. In this Senfc is that of the Law to be underftood, Errantis nulla Voluntas, nullus Confenfus. Thus, what Fools, Madmen, or Infants do, is ne- ver imputed to them, becaufe they cannot difcern between Good and Evil j and there- fore, be their Action what it will, it can- not 5 So Of the Efficient Caufes fo all not properly be faid to proceed from a dc^ praved or Malicious Appetite. 2. The fecond fort of Ignorance maybe called concomitant^ or fuch as is really and adually conjoyned with the Caufe of the Adion, but it fclf is not the Caufe 5 fince if the Man were not ignorant, he would ncverthelefs do the fame thing. He who flioots an Arrow at a Stag, and accidentally kills a Man whom he faw not, but whom he was before determined to murder, at the firft Opportunity, hath an Ignorance and Malice at the fame time. Now, the Qiie- ftion here will be, which ought to prevail i the Ignorance, to cxcufe the Man, or the Malice, to condemn him? To this it may be faid, that the Ignorance excufes that A- dion, but not that Man. He is not a Murderer in that Shooting, or in the Pre- paration and Defign of that Aftion ; but, for his Inclination and Malice diflindfrom that Adion, he is proportionably guilty. But he who bears no previous Malice to the unfortunate Man whom he accidentally kills, is wholly guiltlefs, if, as is here fuppofed, his Ignorance were innocent. 3. The third fort of Ignorance is the word i it is that which is vincible and vo- luntary. This may be divided into two forts; zn Ignorance \\c2ivyy dull, and intro- duced by Negligence and \yant of Refle- ction : Human Anions. 5S1 dion ; and an IgnorariceTiScdicAy chofcn and delighted in to evil Purpofes. Now it is true of botii thole forts of this crminal Igno- rance, that they lay Guilt upon the Head of each of the Ignorant, according to their feveral Proportions : But as to the Aftions of Men, done in this IJate of Diforder, ei- ther thro' Negligence^, or AfFeftation and Defign; they demand a particular Confi- deration. Let us here therefore enquire, whether what is done by Men who knov/ fiot what they do, when the inability of Knowing is procured by themfelvcs, eiiher by wilful Negligence or a malicious Inten^ tion, is a Sin as great as if it were done knowingly. The Cafe is this, A certain Man frequently drinks to Excefs; in his Drink he quarrels, fornicates, fteals, and, as it happens, runs into any kinds of Out- rage and Impiety : ^oes his T^rnnkennefs excufe, extenuate, or does it aggravate his Fault ? Since we are here to confidcr this Que- (lion in a theological Senfe only, and as it relates to Confcicnce ; there is no doubt but the Man is much the worfe for the ill Confequences of his Drunkennefs -, but then Drunkennefs is the grcateft Crime. The Drunkennefs certainly renders the In- jury Icfs criminal than it would have beea iiad it been done with actual Rcafon and Choice i 38a Of the Efficient Caufes of all Choice i but then, this makes the Drunketl-* nefs morecdminal and intolerable. A Man^ for chufmg exccfs of Drink with a view to pernicious Confequences, is, no doubt, much the worfe Man 5 but the Crime, if wc confidcr the Man as drunk, is rather the voluntary Drunkennefs than the invo- luntary Injury produced by it. And this will appear from the following Reafons. t. Becaufe by how much more a Man's Senfe and Reafon is impaired, by fo much iefs hath he Pleafure in his Crime. If his Senfe and Reafon be quite gone, his Sin is wholly ufelefs to him, and affords him but the fame kind of Delight which a Brute has in pufhing with his Horns. His Adlion, confidered only in its prefent Circumftan- ces, fcems not to be criminal, becaufe he can make no Refledions upon it, nor can he chufc it, or refrain from it upon any reafonablc Views. Indeed, when a Man is not fo far gone, there may be guilt in his Adion, becaufe he has then fomc faint power of chufing, amidft the prefent dif- orders of his Reafon and his Will. 2. The Mifchiefs following upon Drunkennefs arc therefore Iefs moral Evils, becaufe they do Iefs moral Hurt. No Man by an aft of Luft in his Drunkennefs is rendered more luftful, or, by any Aft done in thofe Cir- cumftances, ftrengthencd in a vitious Habit 5 for Human AtlwnL 985 for he neither knows what he did not re- members it. Like Lof^ Inceft it is no more known afterwards than it was before. It fecms therefore to be rather a naturat than a moral Vilenefs, and is therefore nearer to Pardon. 3. If the Diforders ari- fing from Drunkennefs \jctt formally thofe Sins, which they are materially 5 or, in other Words, if Men were, in a proper fcnfe, guilty of all that they ignorantly do i then it would follow, that fince Mur- der is worfc than Drunkennefs, tho' it is here confidered as involuntary, fomc Afti- on that was involuntary (hall be more ma- licions and more criminal than that which was chofen. Not but that, if a Man chofc an excefs of Drink to encourage himfelf to fome vile Adlion, he fhall be anfwerablc for fucha Crime committed in his Drink; for he before-hand makes himfelf guilty in the fight of God : but when a Man has no fuch Thing in view, the Anions done by one who knows not what he docs, are as the Adions of a Child or a Fool. The refult of thcfe Reflexions is this ; The vile Aftions which are done by drun- ken and ftupid Perfons unwittingly, arc not of the kind they naturally would be, were the Aftors of them fbber. The a£is of Murder, Lud, or Inceft, are not here properly the Cr/w^j known by thofe Names; but 384 Of the 'Efficient Caufes of all but are rather Circumftances of great Hor- ror, aggravating the Drunkennefs, and more deeply condemning the Man. Rule VIL Fear; which makes our Reafon ufelefs, and fuffers us not to confider^ leaves the Ani- ons it caufes free from Crime ^ even tho' itfelf be culpable. Let the Cafe be this. A poor Neapoli- tan returning from the Mountains to his own Houfe, was feizd by Highwaymen^ and threatened to be piftoled, unlcfs he ftews them the way to his rich Land- ' lord's Houfe, whom he knows they defign to Murther. The poor Man terri- fied, lliews them the Way ; and according- ly the Gentleman was killed. Now the Queftion here is, whether this poor Man were guilty of his Death ? To this it may be faid, that the poor Man certainly was not Innocent : For tho* he did not clearly, and without Reludancc, confent to his Death, yet rather than die himfelf, he was willing the other fliould. No Chriftian, whilft he remains fuch, is willing to offer facrificc to Daemons, nor, if he be left to his own Choice, will he abjure Chrift^ but he, who in time of Perfccution falls a- way^ Human Aefign, or a good Mindy is the Soul of a good PFork, Now, in Proportion as the End which a Man pro- pofes to himfelf is nobler, fo is his Adion greater and more excellent. Every thing which God hath made, is good , and all the natural Defires of Men are, in them- fcives good. God hath fixed in feveral Ob- jeds amiable and defircable Qualities, and hath placed fuitable Inclinations towards them, in the feveral Faculties of Men. He who gave Defires for thofe things, which naturally and neceffarily appear amiable and defireable, intended that they fbould be gratified, and hath appointed proper Means for the gratification of them. It follows therefore, that thofe Adipns, which proceed 394 Of the Final Caufe of all proceed from thofe Dcfircs, as thofe Dcfa-es proceed from God, and tend towards thofe Ends, to which God himfelf, by the Mca- fores and Laws of the Creation, hath di- reded them; cannot but be very innocent and lawful. If then, God gives Riches as a Blefling, and a Reward af Piety 5 it is lawful to defirc Wealth, and to labour for it. If Honour be a Gift of Heaven to thofe who honour God 5 to defirc it, or to perform certain Adions in Profped of it, cannot certainly be criminal. If Plea- furc be created by God, as an Inftrument to fcrve many of the Ends of Nature, and of Grace it felf; then to defire Plcafurc, or to perform Adions in order to it, is not inconfiftcnt with the End of God's Glory, becaufe it is not againft his Will. Than all this, nothing, I think can be plainer. All that remains to be obfervcd is, that in thefe things we alfo glorify God, that we fo ufe them, fo defirc them, fo intend them, that they be ftill left in that Place and that Order, in which God firft appointed them j that we chiefly ufe them to fatisfy the needs of our Journey and Travel here on Earth ; that as this Life is but a Paffage to a better, fo the^ Comforts and Satisfadions of this World fhould be enjoyed with a view of ftrengthning and heightning our Dcfires, for the more exalted Plcafures of it. Our Human Actions. 595 Our Bchavour in this Point, may be bcft regulated by thefe Meafures. i. Thcfe temporal Ends muft not fo wholly take up our Affcdions, as to divert them from better and more important Views. 2. We may purfue our temporal Ends, according to our natural and political Defires, pro- vided we obferve thole Meafures in ourPur- fuit, which God, Reafon and Truth prefcribe. A Man may feek to be honoured 5 but he mud not endeavour it by vile Methods. He muft not fuffer the Service of God to give way to an unreafonable Defire of Glory 5 nor muft he defire it, to fcrve any Ends of Pride. 3. All Views of Profit, Pleafure, or Honour, muft be the \Q,k prin- cipal ; that is, fubordinatc to Duty and Re- ligion. For, tho' Profit and Pleafure, lie uppermoft, and more aftually the firft Mo- tive to an Aftion; yet, this is not enough to condemn the Intention ; unlefs they were made the principal Motive. If we. will not receive our Profit or our Plea- fure, but with Innocence 5 our Purpofes and our Hearts afe right, only we arc to take Care, that the love of Profit or Plea- fure, do not hinder us in making true Judgments of lawful and unlawful. For, Ave too often think our Inclinations and Purpofes are rights when there is no other Reafon 59^ Of the Final Caufe of all Rcafoii to think fo, but that our Under- flandings are not right. But, for the better difcovering our Mea- furcs in this Enquiry, there are fome par- ticular Cafes which defcrve to be exami- ned into. As I. Whether it be lawful ta ferve God for any End lefs than himfelf i for Riches^ Honour, for defence and f ecu- rity of our Lives y for Health and tempo- ral Satisfactions : Or in other Words, Whether it be lawful to make God and his Service^ intermedial to the Things of the World, the ultimate End to be intermedial^ and this to be the Ulttmate ? It may be anlwered, that it is by no means lawful, if the Meaning be, that if thefe Ends fhould fail, we would no longer ferve God : For, then thefe temporal Ends are plainly the principal, when without them, the Service would not be done, but with them it would be done. But it is certainly lawful to ferve God for tem- poral Ends, provided, that tho' they were the firft Motives to our Service, they really carry us on to the Service of God 5 for he who truly ferves God for temporal Ends, does well 5 it matters not where this Service begins, fo it be real i and the more imperfect Motives, are very ufual among Beginners. But tho' it be not of fo much Moment where we begin, yet it Human A^^ioyis. it is of great Concernment to know, whe- ther thcfe Beginnings may carry us, and how far they may heighten our Love of God. But if the Queftion be concerning a iingle Adion, as whether it may lawfully be done, merely upon a temporal Motive, as only to get Fame or. Money : I anfwer, that fuch an Adion done merely upon this Confideration, without being influenced by any other Motive, is in its whole Con- ftitution criminal. And in thisSenfe, thofe Words are true, Mains eft vocandus qui fua Caufa eft bonus. He is not a good Man, who does good only for his own Sake. For, it is a dired preferring the World to God. It is not a Serving God for temporal Ends, but it is wholly a Serv- ing our Selves by Adions, which, in thofe Circumiftances, are no Serving of God, but a performing fome material Adions of Re- ligion in pure Hypocrify. But to ferve him for temporal Ends is very lawful, either when thefe temporal Ends are the Motive and Argument ufed by God to engage us in his Service ; of when they are but the beginning Motives, but lead us on to bet- ter i or when they arc really fubordinate, and lefs principal. 2. The fecond Enquiry is, in ''jvhat fenfe it is truCy that God is to be ferved, purely for w 398 Of the Final Caufe of all for his own Sake s and tkat Virtue is t& be purfued for Virtues Sake, and not for any low Regards, as Fear, Hope, or any fecular Corifiderations? To this it may be faid. i. That this Queftion is principally of Ufe to thofe Men who love to think and fpeak finely and plaufibly upon any Subjeft 5 but that it is of very little Ufe in Regard to Praftice, and in the real Events of Adions. The firft thing any Man knows of God, is, that he is, and is a Rewarder of them that diligently feek him : And no Man chufes to Serve God, but as he is really aflurcd, and beheves that he fhall have a very great Reward ,• and, in Fad, all the Laws of God are eftablilhed upon Promifes, and other Arguments, to raife our Love and Defires towards him. So that to Serve God for his own Sake, is nothing but an Extacy of Love, ufed by fome pi- ous and contemplative Perfons, in which they only adually Confider the immenfe Perfedions of God, and, as they are apt to imagine nothing elfe. 2. But, it is often afferted by wife and good Men, that we muft Serve God purely, and for himfclf ; and, in Effed, that Man does thus Love him, who loves him above any thing clfe: For, all that, mighty Love where* with Human Atl'ions. ^95^ with God is loved more than the World, is pure, and for himfclf. He who loves God only for the fake of Riches and Health, loves thofe better than God 5 but he who loves God above thefe, loves him for thefe, and for himfelf too: He loves him for his being, as well as for his doing good. 3. He may be faid to love God for himfelf, who refrains from Sin, not only bccaufe it is forbidden, or becaufc it may fomc way or other be hurtful to him; but becaufe he hates it, tho' it may be the Prohibition, or his Fear, which gave Occafion to this Hatred. Such a Man as this, loves good Aftions for other Confidcrations than the temporal Reward. He loves God and ferves him, whatever may be the Confequence. And in this Senfc we may undcrftand the famous Di- rection among the Antients, of loving Vir- tue for Virtues Sake. They loved it when it was difcountenanced, when it was an Obftacle to their temporal Ends and In- terefts. And, what they meant by loving Virtue for Virtues fake, the Chrijtians^ mean by loving God purely y or for God's Sake. 4. But if we were to fearch the Scriptures for the Meafurcs of our Love, we lliall not there find any kind of it, fo very Mctaphyfical, as the loving God, or doins 4oo Of the Final Caufe of all doing our Duty without any Confiderati- ons of Hope or Fear. And it might be obfcrvcd, with Regard to the braver Men among the Heathens, and among the Chri- ftians, who have imitated and ftrove to excell them, that when they talk of lov- ing Virtue for Virtues fake, they only under- ftood the laying afide all ibrdid Views, the flavifh Fear of Laws, the third of Money^ or the like. But when they carried this Dodrine of theirs to the greatcft Height, it was never Proof againft 'defiring the Reward at leaft of Honour and Fame. Rule III. The End and T^ejign of a Law is under the Commandment y as much as the A- Bion it [elf commanded, in Order to the End. This Rule is chiefly meant of the Laws of God; becaufe the End of all thefe Laws is that which is fimply and abfolutely good, and gives us a nearer Approach to that which was primarily defigned : And this is an Endearment of our Services, and a Monitor to our Duty, in many Cafes not exprefled. God hath obliged us to honour our Parents: His End* is, that we may re- ceive Hitman Anions. ' 4.01 ceive the Benefits of Government, Defence, and Maintenance. And, upon this Ac- count, fince wc are more obliged to com- ply with the Purpofe and End of God, \jhcn it is evident and known, than with the Means to that End, in as much as the End is in God's fight, of more account than the xMcans; we are taught that it is the Will of God, that the Words of that Commandment be fo explained, as they will befl: promote that End. By Honour therefore^ is underftood, all thofe Duties, whereby the Parent is confefled honoura- ble 5 and by Barents, is underftood, all X^^ho are in the Place of Parents, or of thofe who minifter to the Ends of Order and Government. Now, this muft not be taken, as if God did defign the End, but was regardlefs of the Means. He knows what are the beft Inftruments of his own Service, and his own Glory : But where thofe Inftruments are not to be got, we muft purfue the End by the beft we can procure. We are obliged to profe'fs the Faith of Chrift at the receiving our Baptifm i but if we can- not procure Baptifm, the ufual and ordi- nary Publication of our Faith i we are ftill obliged to purfue the End of it, by Faith, by holy Actions, which we charitably hope, D d will 401 Of the Final Caufe of all will Place us within the Covenant, fince it is not in our Power to get admitted by the ordinary Means. This Rule, likewife afFefts the nature of our common Duties, fo as to enforce the fincerity and ingenuity of them, and to render them really ufeful to their re- Ipcftive Ends. For, we muft confefs our Sins, becaufc we are to forfake them. We muft beg God's Grace, becaufe we intend to make Ufe of it. Wc mull not reft in the Form of Godlinefs, but muft live in the Power of it. It may accidentally ferve the Ends of Charity, to forgive a Man who is infolvcnt ; it may free him from Trouble, and make his Life comfortable j and indeed, he who does it with this View, confiders the End of the Commandment; but he who forgives for no other Reafon than that the Man cannot pay, performs indeed the Inftance of the Law, but ha« not any. Regard to the End of it. But in human Laws, the Cafe is fome- what different, for the Ends of them are not always good ; or if they were, they are not always neceffary: And therefore we are not bound to reftrain our Liberties, further than the Law reftrains them. But the divine Laws are calculated for the Re- gulating and Sanctifying all the Views and Dcfigns Human Anions. Dcfigns of Men; and therefore, our Obe- dience cannot be meafured by the bare In- ftance of the Precept, but as it is confi- dercd, together with the Purpofe of it. And becaufe we muft fcrve God, with all our Heart, and all our Strength; we are, in the Performance of our Duty, to confider the Holinefs and Defigns of God in each Commandment; or, in other Words, we muft do all that, which we may reafona-^ bly fuppofe God would have done in every of his Laws, whether it be exprefled, or only implied. F'l N I S. Books Printed for, and Sold by, S, BiU lingflejy at the Judges Heady in Chan^ eery-Lane. FOLIO. I. T^R. Whithfs Annotations on the iVtfw Tefiamsnti . II. Dr. Fiddss^s Life of Cardinal IVoJfy* III. Burhitt, on the New Tefiamenh IV. Manton^ on the 119th Pfaim. OCTAVO. V. A General Treatife of Morality, form'd on the l^rinciples of Natural Reafon only* By Richard Fiddesy D. D. Vr. The Life of Dr. ycbn Barwick, Dean of Durham and St. FauVs : written in Lati?i by his Brother, Dr. Feter Barwick. Tranflatedinto Enghjh by the Editor of the Latin Life ; with Notes, and an Appendix of Letters from King Charles ths Firfi^ in his Confinement, and King Charles ths Sccondy and the Earl of Clarendon^ in their Exile. VII. The Life of Oliver CromweUy Lord Prote£lor of the Commonwealth of England. VIII. An anfwer to Britannicus^ Compiler to the London Journal^ by the Compiler oi Cardinal IVolfe/s Life, pr. i s, IX. An Effay againft unnecefTary Curiofity in Matters of Religion, apply'd particularly to the Dodrine of the Bleiled Trinity ; By the Rev. Mr. W.Newtony Re^or of Wingham^ mdStodmarJInnKent, pr. 6^. ological Semmary-Sp 1 1012 01002 0461