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The Elements of Law Natural and Politic [70]

By Root 852 0
nature, which is the moral law taught by our Saviour himself. And it is part of that obedience which must concur to our salvation. 12. And though it be true, whatsoever a man doth contrary to his conscience, is sin; yet the obedience in these cases, is neither sin, nor against the conscience. For the conscience being nothing else but a man's settled judgment and opinion, when he hath once transferred his right of judging to another, that which shall be commanded, is no less his judgment, than the judgment of that other. so that in obedience to laws, a man doth still according to his conscience, but not his private conscience. And whatsoever is done contrary to private conscience, is then a sin, when the laws have left him to his own liberty, and never else. And then whatsoever a man doth, not only believing it is ill done, but doubting whether it be ill or not, is done ill; in case he may lawfully omit the doing. 13. And as it hath been proved, that a man must submit his opinions, in matters of controversy, to the authority of the commonwealth; so also is the same confessed by the practice of every one of them that otherwise deny it. For who is there differing in opinion from another, and thinking himself to be in the right, and the other in the wrong, that would not think it reasonable, if he be of the same opinion that the whole state alloweth, that the other should submit his opinion also thereunto? or that would not be content, if not that one or a few men, yet that all the divines of a whole nation, or at least an assembly of all those he liketh, should have the power to determine of all the controversies of religion? or, who is there that would not be content, to submit his opinions, either to the pope, or to a general council, or to a provincial council, or to a presbytery of his own nation? And yet in all these cases he submitteth himself to no greater than human authority. Nor can a man be said to submit himself to Holy Scripture, that doth not submit himself to some or other for the interpretation thereof; or why should there be any church government at all instituted, if the Scripture itself could do the office of a judge in controversies of faith? But the truth is apparent, by continual experience, that men seek not only liberty of conscience, but of their actions; nor that only, but a farther liberty of persuading others to their opinions; nor that only for every man desireth, that the sovereign authority should admit no other opinions to be maintained but such as he himself holdeth. 14. The difficulty therefore of obeying both God and man, in a Christian commonwealth is none: all the difficulty resteth in this point, whether he that hath received the faith of Christ, having before subjected himself to the authority of an infidel, be discharged of his obedience thereby, or not, in matters of religion. In which case it seemeth reasonable to think, that since all covenants of obedience are entered into for the preservation of a man's life, if a man be content, without resistance to lay down his life, rather than to obey the commands of an infidel; in so hard a case he hath sufficiently discharged himself thereof. For no covenant bindeth farther than to endeavour; and if a man cannot assure himself to perform a just duty, when thereby he is assured of present death, much less can it be expected that a man should perform that, for which he believeth in his heart he shall be damned eternally. And thus much concerning the scruple of conscience that may arise concerning obedience to human laws, in them that interpret the law of God to themselves. It remaineth, to remove the same scruple from them that submit their controversies to others, not ordained thereunto by the sovereign authority. And this I refer to the chapter following.

Chapter 26

That Subjects are not bound to follow the Judgment of any Authorities in Controversies of Religion which is not Dependent on the Sovereign Power

1. In the former chapter have been removed those difficulties opposing our obedience to human authority, which
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