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Whereby the Common-wealth is distracted and Weakened. Erroneous Conscience Another doctrine repugnant to Civill Society, is, that "Whatsoever a man does against his Conscience, is Sinne;" and it dependeth on the presumption of making himself judge of Good and Evill. For a mans Conscience, and his Judgement is the same thing; and as the Judgement, so also the Conscience may be erroneous.
Now seeing it is manifest, that the Civill Power, and the Power of the Common-wealth is the same thing; and that Supremacy, and the Power of making Canons, and granting Faculties, implyeth a Common-wealth; it followeth, that where one is Soveraign, another Supreme; where one can make Lawes, and another make Canons; there must needs be two Common-wealths, of one & the same Subjects; which is a Kingdome divided in it selfe, and cannot stand.
We did also read over the propositions for the Civill government and Law Merchant of the town, as they were agreed on this morning at the Glasshouse by Sir R. Ford and Sir W. Rider, who drew them, Mr. Povy and myself as a Committee appointed to prepare them, which were in substance but not in the manner of executing them independent wholly upon the Governor consenting to.
And for that point, wherein I presume to advise him, he may so far forth give credit unto it, as he shall see just cause. And I would rather prefer wisdome, judgement, civill customes, and modest behaviour, than bare and meere literall learning; and that in his charge he hold a new course.
Secondly, that the Civill Law ceasing, Crimes cease: for there being no other Law remaining, but that of Nature, there is no place for Accusation; every man being his own Judge, and accused onely by his own Conscience, and cleared by the Uprightnesse of his own Intention. When therefore his Intention is Right, his fact is no Sinne: if otherwise, his fact is Sinne; but not Crime.
The Distribution of the Materials of this Nourishment, is the constitution of Mine, and Thine, and His, that is to say, in one word Propriety; and belongeth in all kinds of Common-wealth to the Soveraign Power. And again; "Take away the Civill Law, and no man knows what is his own, and what another mans."
In the like manner, if the Civill Law of a mans own Country, be not so sufficiently declared, as he may know it if he will; nor the Action against the Law of Nature; the Ignorance is a good Excuse: In other cases ignorance of the Civill Law, Excuseth not. Ignorance Of The Soveraign Excuseth Not
"Whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealths where it hath been practised,... be it therefore also by the Lord Proprietary with the advice and consent of this Assembly, ordeyned and enacted... that no person or persons whatsoever within this Province...professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof... nor anyway compelled to the beleif or exercise of any other Religion against his or her consent, soe as they be not unfaithfull to the Lord Proprietary or molest or conspire against the civill Government..."
I am one, To expresse my selfe in my true character, Soe full of civill reason and iust truth That to denie my owne peculiar act I should esteeme as base and black a sinne As Scythians doe adultery: twas I That gave this lady councell to invade That Thurstons life, and out of cowardise, Feareing my person, set this bold young man To be his murderer.
And these three opinions, pernicious to Peace and Government, have in this part of the world, proceeded chiefly from the tongues, and pens of unlearned Divines; who joyning the words of Holy Scripture together, otherwise than is agreeable to reason, do what they can, to make men think, that Sanctity and Naturall Reason, cannot stand together. Subjecting The Soveraign Power To Civill Lawes
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