cause. It is notorious in the church of Rome, where the 'canonists say, that a canon lawyer is to be preferred before a divine in elections to bishoprics; but you must think, the divines say that themselves are far the fitter. The canonists say that predial tithes are due by Divine right. The divines say they are only due by positive constitution. The secret of that is, because most of the divines that write books, are monks and friars, and such which are no friends to parishes," that the pope may be allowed to have power to take tithes from the parish priests, and give them to the monasteries; which he could not do, if by Divine right they were annexed to their proper cures. Amongst us the tables are turned, and the lawyers take the friars' part, and the divines generally affirm the Divine right of tithes. Concerning which it is to be considered, that though the authority of either part is not of itself sufficient to determine a doubting person, and where interest is apparent, the person persuading loses much of his authority, yet the proposition itself ought not to lose any thing. The interest appearing is no more warrant to disbelieve the proposition, than it is to believe it. In this case there is interest on both sides, and, therefore, as to that the case is indifferent. The way to proceed is to consider the proper instruments of persuasion, and because a truth is not the worse for serving his ends that teaches it, I am to attend to his arguments without any prejudice. But if I am not able to judge of the reasons, but must be led by authority, the presumption lies for the divines: I am to believe them rather than the lawyers in such questions, because there is some religion in doing so, and a relation to God, for whose sake it is, that I choose to obey their proposition.

6. Where, by the favour of princes or commonwealths, any matters of justice are reserved to ecclesiastical cognizance, in those affairs the authority of divines is to be preferred before that of lawyers, because the personal capacities. of the men being equal in all things, the divines are exercised in the same matters, and, therefore, are both concerned and able, instructed and engaged, and though the lawyers are to be supposed honest, and just, and wise, yet all that also is to be supposed in divines, with some advantages of religion, and tenderness which is bred in them by their perpetual conversation with the things of God. But in all things he

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comes the nearest to a sure way of being guided, who does his best and with greatest honesty of heart and simplicity of pious desires to be truly informed. It was well said of Socrates, “An placeant Deo, quæ feci, nescio; hoc certo scio, me sedulo hoc egisse ut placerent:" "The things which I have done, whether they please God or no, I know not; but this I know assuredly, that I did earnestly desire, and diligently take care that they might please him.'

If the question be concerning other divisions of men, as of schoolmen and casuists, critics or preachers, the answer can be no other, but that in all faculties relating to any parts of religion, as there are very wise men, and very weak men, so there are some to be preferred in each faculty, if we could find out who they are: but this prelation is relative to the men, not to the faculty, if they were rightly handled. For the several faculties are nothing but the proper portion of matter assigned to the consideration of an order of men, in a proper method: but the great end is the same, only the means of persuading the same truth is different. But in the church of Rome they are made several trades, and have distinct principles, and serve special and disunited ends and interests; and, therefore, which of them is to be preferred, as to the making a probable opinion, is just to be answered, as if we should ask which is best of feathers or wool; they both of them have their excellencies in order to warmth, and yet if you offer to swallow them down, they will infallibly choke you.

RULE XI.

He that hath given Assent to one Part of a probable Opinion, may lawfully depose that Conscience and that Opinion upon Confidence of the Sentence of another.

THE Curate of St. Martin being sent for to do his last offices to a dying man, finds him speechless, but yet giving signs of his penitence, as beating his breasts, weeping and groaning, holding up his hands, and looking pitifully, and in a penitent posture: the curate having read it disputed whether such a person may be absolved, concerning whose repentance he

can have no other testimony but mute signs, which may be produced by other causes, and finding arguments on both sides, consents to the negative as probable; and yet finding learned persons there who are of another opinion, lays aside the practices of his own opinion, and in compliance with the other, absolves the sick man. One that was present, and understood the whole process, or no, as supposing that to do against his own opinion is to do against his conscience; and a man's own conscience "is more to him than ten watchmen that keep a city."

inquires whether he did well

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In answer to this, it is to be considered there is a double consent to a proposition, the one is direct, the other a reflex; the first is directly terminated upon the honesty or dishonesty of the object, the other upon the manner of it, and modality. For instance, the curate does not directly consent to that part of the question which he hath chosen, as that which he will finally rely upon, but he consents to it only as a thing that is probable. If he were fully persuaded of the article as a thing certain, or as necessary (though of itself it be not so),—or if he thinks it is not to be altered, then to do against his opinion were to do against his conscience, because the opinion were passed the region of speculation and ineffective notion, and is become a rule and immediate measure of action. But because he believes it only probable, that is, such, in which he is not certain, but may be deceived, and may use liberty,- he may as well choose that part of the probability which derives from the reputation and abilities of other men, as that which proceeds from considerations of those little intrinsic arguments which moved his assent lightly like a breath upon the waters, or the smile of an undiscerning infant. His own opinion is well enough concerning the honesty of the object; but yet he that chooses the other part, may make an honest election; for his own opinion reflecting upon itself, not going beyond the stage of uncertainty and probability, does openly challenge its own right of choosing another part: the conscience is no ways entangled and determined, but so chooses that it may choose again, if she sees cause for it,-a cause in the particular case, which she espied not in the abstracted question.

For he may prudently suppose, that in what he is not certainly persuaded, another may be wiser and know more, and can judge surer: and if he have reason to think so, it

may be a greater reason than that is, by which himself did choose his own opinion and part of the probability; and he may have reason to think meanly of himself, and he may remember sad stories of his frequent deception, and be conscious of his own unaptness to pass an honest unbiassed sentence, and hath no reason to trust himself in matters of proper interest or relation.

This rule hath no other variety in it but that it be managed by these cautions.

1. That the man upon whom we rely, be neither ignorant nor vicious, so far as we can judge, and so far as relates to the present question, that is, that he be a person fit to be a guide of others.

2. That relying on others proceed not out of idleness, and impatience to inquire ourselves.

3. That the opinion of the other be not chosen because it better serves my ends or humour, but upon the preceding grounds of humility and mean opinion of myself, and great opinion of the other.

4. That it be only against his own probable persuasion so known, so considered, not against a sure conscience; that is, that it be in such a matter, in which the assent is but imper, fect, and relying upon unsure inducements. For then he may as honestly trust the other's prudence as his own weakness, the other's leisure and consideration, as his own want of time and aptness to consider: and since the actions of most men in the world are conducted by the wit of others in very many things, and of all men in some things, it cannot be im, prudence to take a guide to direct the conscience in what it is not sufficiently instructed by its own provisions.

If the intercourse happen between the superior and the inferior, the liberty of changing our part of the probability is confirmed by a want of liberty to dissent. The subject may change his opinion, because he must obey wherever it is possible that he should; and that is in this case: in which it is not only true that the opinion is probable in itself, but that it and its contrary be both apprehended as probably true, and safely practicable, For then there is no excuse to the man, and the conscience of the article cannot be pretended against the conscience of obedience; and if it be lawful to obey, it is necessary to obey. "Hoc amo quod possum qualibet ire

via;" every man loves his liberty, but this liberty does engage our obedience; we might not obey our superior if God had engaged us in the contrary; but we may, when we are persuaded that the contrary opinion is probable, that is, conformable to reason, and fit enough to guide him that is not finally determined in his conscience to the contrary. For if it could be otherwise, then there were nothing to be given to authority; for in equal probabilities, it is likely, if I choose one part, I am determined by a little thing, by a trifle, by a chance, by a humour; and if I be weighed down by never such a trifle, yet I am determined to the choice of one side, and it will be but an evil portion to authority, if it cannot be permitted to outweigh a humour, and a chance; an ignorant confidence, or a vain presumption; and although it will be hard sometimes for a man to be convinced of the vanity of his argument, yet, when his opinion is not only speculatively but practically probable, that is, when it is considered only as probable, and the contrary altogether, or almost as well thought of, the arguments of the present persuasion are confessed to be but little, because they neither persuade, nor abuse beyond a probability; and, therefore, in this case, to outface authority is without pretence, as much as it is without warrant. And this is affirmed by St. Austin* in the case of soldiers under a king, taking pay in a cause which either is just, or that they are not sure it is unjust. "Ergo vir justus, si forte etiam sub rege, homine sacrilego, militet, recte potest, illo jubente, bellare, si quod sibi jubetur, vel non esse contra Dei præceptum certum est, vel utrum sit, certum non est."

But if the intercourse happen between a physician and a patient, it is made to differ. For, 1. A physician may not leave a certain way, and take an uncertain in the question of life or health. In matters of mere opinion, the very persuasion and probability of assent is warrant enough for the man, and the effect is innocent; but when so great an interest is engaged, the man becomes faster bound by the stricter ties of charity. It was a complaint that Pliny made of physicians in his time," Discunt periculis nostris, et experientiam per

* Lib. xxii. contra Faustum, cap. 74. et habetur cap. Quid culpatur, 23. qu. 1.

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