Ductor dubitantium, or, The rule of conscience in all her generall measures serving as a great instrument for the determination of cases of conscience : in four books / by Jeremy Taylor ...

THE SECOND VOLVME. THIRD BOOK.Of Humane Laws, &c.

CHAP. I. Of Humane Laws in general.

• 1. THE Conscience is properly and directly, actively and passively under pains of sin and punishment obliged to obey the Laws of men. 3
• Rules whereby to conjecture at the gra∣vity or lessening of the Sin of disobedi∣ence to humane Laws.
• 2. Humane Laws doe not oblige the Consci∣ence to an active obedience, when there is an imminent danger, or an intolerable or very grievous evil in the obedience. 26
• 3. The Laws of our Superiour that are not just and good do not bind the Conscience. 32
• 4. A Law that is founded on a false pre∣sumption does not oblige the Conscience. 37
• 5. Humane Laws do bind the Conscience to or from an act in secret as well as in publick. 40
• 6. Humane Laws before sufficient promul∣gation do not oblige the Conscience. 44
• 7. That a Law should oblige the Conscience does not depend upon the acceptation of the Law by the people. 46
• 8. Humane Laws of indifferent matter do not oblige the Conscience of the Subjects out of the Dominions of the Superiour. 49
• 9. Obedience to Laws is to be paid according to what is commanded, not according to what is best. 51

CHAP. II. Of Laws Penall and Tributary.

• 1. IT is lawfull for Christian Magistrates to make Penall Laws not only pecuniary and of restraint, but of loss of member and life it self. 53
• 2. Penall do sometimes oblige the guilty per∣son to the suffering the punishment even be∣fore the sentence and declaration of the Judge. 59.
• In what cases the Criminall is to be his own Executioner. 63.
• Signes by which we may judge when the Criminall is condemned ipso facto. 67
• 3. Penalties imposed by the Judge must be suffered and submitted to, but may not after such sentence be inflicted by the hands of the condemned. 71
• 4. He that hath suffered the punishment is not discharged in Conscience, unless he also re∣pent of the disobedience. 79
• 5. It is not lawfull for a guilty person to de∣fend

• himself by calumny or a lye, from the penalty of the Law, though it be the sentence of death. 82
• 6. It is not lawfull for private Christians without publick authority to punish malefa∣ctors, but they may require it of the Magi∣strate in some cases. 107
• 7. It is not lawfull to punish one for the of∣fence of another merely and wholly. 117
• 8. The Laws of Tribute are Morall Laws and not Penall, except it be by accident; and there∣fore do oblige the Conscience to an active obe∣dience. 124
• 9. The Laws of tribute have the same condi∣tions, causes, powers and measures with other Laws of government. 125
• 10. Tribute and custome, which are due, are to ••e paid, whether they be demanded or no. 127

CHAP. III. Of Kings, Princes and all Su∣preme Civill Powers, and their Laws in Speciall.

• 1. THE Supreme power in every Republic is universal, absolute and unlimited. 130
• 2. The Supreme power is superior to the Civill Laws, but not wholy free from them. 138
• 3. It is not lawfull for Subjects to rebell or to take up arms against the Supreme power of the Nation, upon any pretence whatsoever. 149.
• 4. The Supreme civil power is also supreme Governour over all persons and in all Causes Ecclesiasticall. 160
• 5. Kings have a legislative power in the af∣fairs of Religion and the Church. 174
• 6. The Supreme civil power hath a power of coercion over every person in the whole Or∣der Ecclesiasticall. 178
• 7. The Supreme civil power hath Jurisdicti∣on in causes not only Ecclesiasticall but In∣ternal and Spirituall. 199
• 8. The Supreme civil power is to govern in causes Ecclesiasticall by the means and mea∣sures of Christ's institution, that is by the assistance and ministeries of Ecclesiastical persons. 207

CHAP. IV. Of the power of the Church in Canons and Censures, with their obligations and powers over the Conscience.

• 1. THE whole power which Christ hath left in ordinary to his Church is merely spi∣ritual. 211
• 2. The Church hath power to make Laws, and to give Commands obliging the Conscience, that is, tying the Subject to obedience under the penalty of committing or incurring the Divine displeasure. 220
• 3. The Church hath power to make laws in all things of necessary duty by a direct power and a divine authority. 224

• 4. The Church hath power to make Laws in such things which are helps and apt ministe∣ries and advantages of necessary duty. 226
• The Rule [The Accessory follows the nature of the Principall] explicated. 227
• 5. When the Canons or Rules of Ecclesiasti∣call Rulers are confirmed by the Supreme ci∣vill power, they oblige the Conscience by a double obligation. 234
• §. II. Of Censures Ecclesiasticall. 6. Kings and Princes are tied by the ties of religion, not of power, to keep the Laws of the Church. 237
• 7. It is not lawfull for the Ecclesiasticall power to excommunicate Christian Princes or the supreme civil power. 240
• 8. Ecclesiastical censures are to be inflicted by the consent and concurrence of the supreme civil power. 247
• 9. Excommunication inflicted upon a light cause binds externally but not internally: but if it be inflicted upon an unjust cause it binds not at all. 255
• 10. It is not lawfull to communicate with those whom the Church hath by a just sentence ex∣communicated. 260
• §. III. Of Canons Ecclesiastical. 11. The Canons of the Apostles which are of order and externall government do oblige the Conscience by being accepted in severall Churches, not by their first establishment. 266
• 12. All those ritualls which were taught to the Apostles concerning ministeries, which were of divine institution, do oblige all Christen∣dome to their observation. 269
• 13. In the Rules which the Apostles gave to the Churches in things indifferent, the Church hath a liberty, but it is not to be used but for great reason, great necessity, and for the edification of their people committed to their charge. 272
• 14. The Canons of the antient Generall & Pro∣vinciall Councils are then laws to the Con¦science when they are bound upon us by the authority of the respective Governours of Churches. 285
• 15. The Laudable customs of the Catholick Church which are in present observation do oblige the Conscience of all Christians. 287
• 16. The Decrees and Canons of the Bishops of Rome oblige the Conscience of none but his own subjects. 298
• §. IV. Of the matter and conditions of Ecclesiasticall Laws required to the obligation of Conscience. 17. Ecclesiasticall Laws that are merely such cannot be universall and perpetuall. 301
• 18. Ecclesiasticall Laws of ceremonies and ex∣ternall observances do not bind the Consci∣ence beyond the cases of contempt and scan∣dall. 313
• 19. Ecclesiasticall Laws must be charitable and easie; and when they are not, they oblige not. 315
• 20. Ecclesiasticall Laws must ever promote the service of God and the good of Souls, but must never put a snare or stumbling-block to Consciences. 323

• §. V. Of Ecclesiasticall Laws of Faith. 21. The Catholick Church is a witness of Faith and a record of all necessary truths; but not the Mistress and Ruler of our Creed, that is, cannot make any laws of Faith. 350
• 22. The Decrees of Generall Councils are of great use in the conduct of Conscience, but not the proper measure or last determination of matters of belief. 353
• 23. Subscription to articles and forms of con∣f••ssion in any Particular Church is wholly of Politicall consideration. 356

CHAP. V. Of Laws Domestick, or the power which Fathers of Families have to bind the Consciences of their Relatives.

• 1. CHildren are bound to obey the Laws and Commandments of their Parents in all things Domesticall, and in all actions per∣sonall relating to the familie, or done within it. 359
• 2. Fathers have a power to chastise their of∣fending children, but not a power of life and death. 364
• 3. A Father hath power over the goods and persons of his children so as to be maintained by them. 366
• 4. The Fathers power doe•• not extend to mat∣ter of Religion and perswasions of Faith. 369
• 5. The Fathers power over the children can remit an injury done to them without their leave or consent. 371
• 6. A Fathers authority cannot abide after his death, but the Sons piety to his Father must and may pass upon him some indirect obliga∣tions. 372
• 7. Neither the Fathers authority nor his Sons piety can oblige them to do an action against the Laws of God, or of the Fathers, or our just superiours. 374
• 8. It is not lawfull for Children to enter into any lasting course of life against the will or approbation of their Fathers or parents. 378

CHAP. VI. Of the Interpretation, Diminuti∣on and Abrogation of Humane Laws.

• §. I. Of Equity. 1. WHen the Letter of the Law is bur∣densome and unjust, the meaning and charity of the Law does only oblige the Conscience. 398
• §. II. Of Judiciall Interpretation. 2. When the power that made the Law does interpret the Law, the Interpretation is au∣thenticall, and obliges the Conscience as much as the Law, and can release the bond of Conscience so far as the Interpretation ex∣tends as much as if the Law were abrogated. 407
• §. III. A contrary or ceasing reason.3. A Law made for a particular reason, when the reason wholly ceases, does no longer oblige the Conscience. 411
• §. IV. Dispensation.4. The Legislator hath authority to dispense in

• his own Laws for any cause that himself pru∣dently shall judge to be reasonable, so that no distinct interest be prejudic'd or injur'd. 423
• §. V. Commutation.5. The same power that can dispense can al∣so commute a Duty: and as in the first it ea∣ses, so in the latter it binds the Conscience. 426
• §. VI. Contrary Customes.6. A Custome can interpret a Law, but can never abrogate it without the consent of the supreme power. 427
• §. VII. Abrogation. 7. Abrogation of a Law by a competent, that is, the Supreme power, may be just and rea∣sonable, though the Law it self be neither un∣reasonable nor unjust. 431