Argum. 6. If mens lawes by inward vertue binde conscience properly as Gods lawes, then our dutie is to learne, studie, and remember them as well as Gods laws, yea ministers must be diligent to preach them, as they are diligent in preaching the doctrine of the Gospell: because euery one of them bindes to mortall finne, as the Papists teach. But that they should be taught and learned as Gods lawes, it is most absurd in the iudgement of all men, Papists themselues not excepted.

Argum. 7. Inferiour authoritie can not binde the superiours no we the courts of [gap] and their authoritie are vnder conscience. For God in the heart of euery man hath [gap]rocted a tribunall seale, and in his stead he hath pl[gap]d neither saint nor angell, not any other crea [gap] what soeuer but conscience it selfe,

who therefore is the highest iudge that is or can be vnder God; by whose direction also courts are kept and lawes are made.

Thus much of the popish opinion: by which it appeares that one of the principall notes of Antichrist, agrees fuly to the Pope of Rome. Paul, 2. Thess. 2. makes it a speciall propertie of Antichrist to exalt himselfe against or aboue all that is called God, or worshipped. Now what doth the Pope els, when he takes vpon him authoritie to make such lawes as shall binde the conscience, as properly and truly as Gods lawes? and what doth he els, when he ascribes to himselfe power to free mens consciences from the bond of such lawes of God, as are vnchaungeable: as may appeare in a canon of the councill of Trent: the words are these, If any shall say, that th[gap]se degrees of consanguinitie which be expressed in

Leviticus, [gap]e [gap] hinder [gap] to be made, and breake it beeing made, and that the Church cannot dispense with some of them, or appoint that more degrees may hinder or breake [gap]age, let him be accursed. O sacrilegious impietie! considering the lawes of affinitie and consanguinitie, Lev. 18. are not ceremoniall, or iudiciall lawes peculiar to the Iewes, but the very laws of nature. Wh[gap] this canon els, but a publike proclamation to the world, that the

Pope and Church of Rome doe sit as lords, or rather idols in the hearts & consciences of men. This will yet more fully appeare to any man, if we read popish bookes of practical or Case aivinitie, in which the common manner is, to binde conscience where God looseth it, and to loose where he bindes; but a declaration of this, requires long time.

Now I come (as neare as possibly I can) to set downe the true manner, how mens lawes are by Diuines and may be said to binde conscience. That this may be cleared, two things must be handled, By what meanes they binde, and How farre forth.

Touching the meanes, I set downe this rule. Whole some lawes of men, made of things indifferent, binde conscience by vertue of the generall commaundement of God, vvhich ordaineth the Magistrates authoritie: so as vvho soever shall wittingly & willingly, with a disloyal mind, either breake or omit such lavves, it guiltie of s[gap]e before God.

By whole some lawes, I vnderstand such positiue constitutions, as are not against the law of God, and withall tend to maintaine the peaceable estate and common good of men.

Furthermore I adde this clause, made of things indifferent, to note the peculiar matter where [gap]

[gap] lawes properly [gap] [gap] [gap] things [gap] are neither [gap] commanded or forbidden by God.

Now such kinde of lawes haue no vertue or power in themselues to constraine conscience, but they bind onely by vertue of an higher commandement. Let euery soule [gap]e subiect to the higher powers, Rom. 13. 1. or, Honour father and mother, Exod. 20. which commaundements binde vs in conscience to performe obedience to the good laws of men. As S. Peter saith, Submit your selues to euery humane ordinance for the Lord, 1. Pet. 2. 13. that is, for conscience of God, as he saith afterward, v. 19. wherby he signifieth two thing: first that God hath ordained the authority of gouernours: secondly that he hath appointed in his word, and thereby bound men in conscience to obay their gouernours lawfull commandements.

If the case fall out otherwise, as commonly it doth, that humane laws be not inacted of things indifferent, but of things that be good in themselues, that is, commanded by God, then are they not [gap] properly but divine lawes. Mens laws intreating of things that are morally good, and the parts of Gods vvorshippe, are the same with Gods laws: and therfore binde conscience, not because they were inacted by men, but because

they were first made by God: men beeing no more but instruments and ministers in his name to revive, renew, and to put in exequution such precepts and laws as prescribe the worship of God, standing in the practise of true religion & vertue. Of this kind are all positiue lawes touching articles of faith, & the duties of the morall law. And the man that breakes such lawes sinnes two waies, first because he breaks that which is in conscience a law of God, secondly because in disobaying his lawfull magistrate, he disob[gap] the generall commandement of God touching magistracie.

But if it shall fall out that mens lawes be made of things that are cuill and forbidden by God, then is there no bonde of conscience at all but contrariwise, men are bound in conscience not to obay, Act. 4. 19. And hereupon the three children are commended for not obaying Nabuchadnezzar, when he gaue a particular commandement vnto them to fall downe and worship the golden image, Dan. 3.

Moreouer, in that mans law binds onely by power of Gods law, hence it follows, that Gods law alone hath this priuiledge, that the breach of it should be a sinne. S. Iohn saith 1. epist. 3. Sinne it the anomie, or, transgressio of the law, vnderstanding Gods lawe. When Dauid by

adulterie and murder had offended many men, & that many waies, he saith Psal. 51. against thee, against thee haue I sinned. And Augustine defined sinne to be some thing said, done, or desired against the law of God. Some man may say, if this be so, belike then we may breake mens laws without sinne. I answer, that men in breaking humane lawes, both may and doe sinne; but yet not simply, because they breake them, but because in breaking them, they doe also breake the law of God. The breach of a law must be considered two waies. First as it is a trespasse, hinderance, iniurie, damage, and in this respect it is committed against mens lawes: secondly the breach of a law must be considered as it is sinne, and so it is onely against Gods law.

The second point, namely How farreforth mens lawes binde conscience, I explane on this manner. It is all that the lawes of God doe or can doe, to binde conscience simply and absolutely. Therefore humane laws bind not simply, but so farre forth as they are agreeable to Gods word, serue for the comongood, stad withgood order, and hinder not the libertie of conscience. The necessitie of the law ariseth of the necessitie of the good end thereof. And as the end is good and profitable more or lesse, so is the law it selfe necessarie more or lesse.

Hence it followeth that a man may doe any thing beside humane lawes and constitutions without breach of conscience. For if he shall omit the doing of any law I. without hindrance of the ende and particular considerations, for which the law was made: II. without offence giuing as much as in him lieth: III. without contempt of him that made the law, he is not to be accused of sinne. Example. In time of warre, the magistrate of a citie commands that no man shall open the gates: the end is, that the citie and euery member thereof may be in safetie. Now it falls out that certaine citizens beeing vpon occasion without the citie, are pursued by the enemie and in daunger of their lifes. Herupon some man within openeth the gate to res[gap]e them. The question is, whether he haue sinned or no. And the truth is, he hath not: because he did not hinder the ende of the law, but rather further it, and that without scandal to men, or contempt to the magistrate.

And this stands euen by the equitie of Gods word. God made a law, that the priests onely should eate of the shewbread: now Dauid being no priest, did vpon vrgent occasion eate of it without sinne. If this be true in Gods law, then it may also be true in the lawes of men, that they may in some cases be omitted without

sinne, against God.

Neither must this seeme strange. For as th[gap]re is a keeping of a law, and a breaking of the same; so there is a middle or meane action betw[gap]ne them both, which is, to doe thing beside the law, and that without s[gap]e.

To proceede further, mens laws be either civill or ecclesiasticall. Civill laws are for their substance determinations of necessarie and profitable circumstances, tend[gap] to [gap]hold and maintaine the commandem[gap] of the [gap] [gap] More specially they prescribe what is to be do[gap] and what is to be left vndone, touching actions both civill & criminal, touching offices and b[gap]rgines of all so[gap], &c. yea they conclude, inioyne, & commad not onely such affaires as be of smaller importace. but also things & actions of great waight, tending to maintaine common peace, civill societie, and the very state of the common wealth. Now such laws binde so farre forth, that though they be omitted without any apparan[gap] s[gap]ndal or contemp[gap], yet the breach of them is a sinne against God. Take this example: A subiect in this lande vpon pouertie, or vpon a couctous minde, against the good law of the land, coines money, which after ward by a sleight of his wit, is cunningly conuaied abroad into the hands of men, and is not espied. Here is no euident offence

giuen to any man, nor open contempt shewed to the lawgiuer: and yet in this action he hath sinned, in that closely otherwise then he ought to haue done, he hath hindered the good of the common wealth, and robbed the soueraigne prince of her right.

Eccles[gap]sticall lawes, are certaine necessarie and profitable determinations of circumstances of the commaundements of the first table. I say b[gap]e [gap], because all doctrines pertaining to the foundation and good estate of the Church, as also the whole worshippe of God, [gap] [gap] downe and comma[gap]nded in the written word of God, and cannot be prescribed and concluded otherwise by all the Churches in the world. A[gap]or the Creedes and Confession[gap] of particular Churches, they are in substance Gods word, and they binde not in conscience by any power the Church hath, but because they are the word of God.

The lawes then which the Church in proper speach is s[gap]de to make, are decrees concerning outward order and comelines in the administration of the word and sacram[gap]s, in the meetings of the cogregation, &c. & such laws made according to the generall rules of Gods word, (which requires that all things be don to edificatio, in comelines, for the auoiding of offence) are

cessarie to be obserued, and the word of God binds all men to the so farre forth as the keeping of them maintains decent order, and p[gap]s open offence. Yet if a law concerning some [gap] nall ri[gap]e of thing indifferent, be at some time vpon some occasion omitted no offence giuen, not contempt shewed to Ecclestasticall [gap]horitie, there is no b[gap]each made in the conscience: [gap]d that appeares by the example before han[gap]. The Apostles guided by the holy Ghost, made a decree for the auoiding of offence, necessarie to be obserued, namely that the Gentiles should abstaine from strangled and blood and ido[gap]ithy[gap]s: and yet Paul out of the case of scandall and contempt, permits the Corinthians to doe otherwise, 1. Cor. 8. & 9. which he would not h[gap] done, if to doe otherwise out of the case of scandall and contempt had bin sinne.

Againe, lawes are either mixt or meerely penall. Mix[gap], are such lawes as are of weightie matters, and are propounded in comanding or forbidding [gap]ea[gap]es: and they binde men first of all to obedience, for the necessary good of humane societies and secondly to a punishment, if they obay not, that a supplie may be made of the [gap]indrance of the common good. In the breach of this kind of laws, though a man be neuer so willing to suffer the punishment, yet that will not

discharge his conscience before God when he of[gap]ds. If a man coin mo[gap]y with this minde to be willing to die when he is con[gap]icted, yet that will not free him from a sinne in the action, because Gods law binds vs not onely to subiection i[gap] [gap]earing of punishments, but also to obedience of his [gap]e commandement, it beeing lawfull, though [gap]e should set downe no punishment.

A law meerely pe[gap]ll is that, which beeing m[gap] of matters of lesse importance, and not vt [gap]d pre[gap]isely in comm[gap]ding tearmes, doeth onely declare and shewe what is to be done, or conditionally require this or that with respect to the punishment, on this manner. If any person doe this or that, then he shall forfeit thus or thus. This kind of law kinds especially to the punishment, & that in the very intent of the lawgiuer, and he that is readie in omitting the law to pay the fine or punishmet, is not to be charged with sinne before God: the penaltie being answerable to the losse that comes by the neglect of the law.

Thus we see how farre forth mens laws bind conscience. The vse of this points is this: I. hence wee learne that the immunitie of the Popish cleargie whereby they take themselues exempted from civill courts and from civill authoritie in criminall causes, hath no warrant: because Gods commandements binds euery man whatsoeuer

to be subiect to the magistrate, R[gap]. [gap]. Let euery soule be s[gap]ct to the higher powers. II Hence we see also, what notorio[gap] rebe[gap] those are, that beeing borne subi[gap]cts of this land, yet choose rather to die then to acknowledge (as they are bound in con[gap]) the Q[gap] Ma[gap]estie to be supreame gouernour vnder God in all causes & ouer all persons. III. Lastly we are taught hereby to be readie and willing to giue subiection, obedience, reuerence, and all other duties to magistrates, whether they be superiou or inferiour: yea with chearefulnes to pay [gap] and subsidies, and all such lawfull charges [gap] appointed by them. Giue to Ces[gap] that [gap] [gap] Cesars, & to God that which is Go[gap]. Rom. 13. [gap]. Giue to [gap] [gap] their dutie: tribute to [gap] tribute: [gap] to whome custome.

Now follows the Oath, which is either assertorie or promissorie. Assertorie, by which a man auoucheth that a thing was done or not done; Promisserie, by which a man promiseth to doe a thing or not to doe it. Of both these I mean to speak, but specially of the second. And here two points must be cosidered, the first by what means an oath bindeth, the second when it bindeth.

An oath bindeth by vertue of such particu[gap] comandements, as require the keeping of oath[gap] lawfully taken. Num. 30. 3. Who soeuer s[gap] an [gap]ath to binde his soule by a bond, [gap]e shall not

[gap] his word, [gap] shall doe according to all that [gap] [gap] of his [gap].

This being so [gap]questio may be made, whether the [gap] of insi[gap] bi[gap]d conscience, & by what v[gap], [gap] they [gap]ither know the Script[gap] no[gap] the true God. A[gap]s. They doe bind in conscience. For example: Iacob & Laban make a [gap] confirmed by oath. Iacob sweares by the true God, Laban by the god of N[gap]or, that i[gap], [gap] his idols. Now Iacob, though he approoue not the forme of this oath yet he accepts it for a civil bond of the covenant: & no doubt, though Laban beleeued not Gods word reuealed to the P[gap]ks, yet he was bound in coscience to keep this [gap]th euen by the law of nature, & though he [gap] not the [gap] God, yet he [gap] the false god of Nac[gap]r to be the true God. Gen. 31. 53.

Againe, if a lawfull oath by vertue of Gods co mandements bind conscience, then it must need[gap] be that the Romane Church hath long erred, in that [gap]ee [gap]th and maintaineth that gouernours, as namely the Pope and other inferiour Bishops, haue power to giue relaxations and dispensations, not onely for oathes vnlawfull (from which the word of God doth sufficiently free vs, though they should neuer giue absolutio) but from a true & lawfull oath made wittingly & willingly without errour or deceit of a thing, honest and possible: as when the Pope frees the

subiects of this land, as occasion is offered, from their sworne allegiance and loyaltie to which they are bound, not onely by the law of nature, but also by a solemne and particular oath to the Supremacie, which none euer deemed v[gap] full but such as carrie traytors hearts. Now this erronious divinitie would easily be revoked, if men did b[gap] consider the nature of an oath, one part whereof is Invocation; in which we pr[gap] vnto God, first that he would become a witnes vnto vs that we speak the truth and purpose not to deceiue: secondly if we faile & break our promise, that he would take [gap]ge vpon vs: and in both these petitions we bind our selues immediatly to God himselfe, and God againe who is the ordainer of the oath, accepts this bond and [gap] it by his commendement, till it be accomplished. Hence it follows, that no creature ca haue power to v[gap]ie the bood of an [gap]th that is truly and lawfully an [gap]th, vnles we wil [gap] the creatures aboue God himselfe. And our Sauiour Christ gaue better [gap]ell when he commanded vs to performe our [gap] to the Lord for the p[gap] ting of periurie, Matth. 5. 33.

Next let vs consider the time when an oath bindeth or bindeth not.

An oth bindeth the, when it is made of things certen & possible, in [gap]uth, iustice, iudgemet, for

the glory of God & the good of our neighbour.