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Author: Taylor, Jeremy, 1613-1667. 2078
Title: 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 ...
Date: 1660
Bibliographic name / number: Wing / T324
No. of pages: 2 v. :
Copy from: Henry E. Huntington Library and Art Gallery
Reel position: Wing / 195:4-5

Ductor dubitantium, or, The rule of conscience in all her generall measures 4598Kb

Table Of Contents 29Kb

A TABLE Of the TITLES of the Chapters, and the Rules of the FIRST BOOK.

Of COnscience, the kinds of it, and the generall Rules of conducting them.

CHAP. I. The Rule of Conscience in general.

• RULE. 1. Conscience is the mind of a man, governed by a Rule, and measured by the proportions of good and evil in order to practice. Pag. 1.
• 2. The Duty and Offices of Conscience are to dictate and to testifie or bear witness, to accuse or excuse, to loose or bind. 11
• 3. Be carefull that Prejudice or Passion, Fancy and Affection, Error or Illusion, be not mistaken for Conscience. 26
• 4. The Conscience of a Vitious man is an Evil Judge and an imperfect rule. 30
• 5. All Consciences are to walk by the same rule, and that which is just to one is so to all in the like Circumstances. 32
• 6. In Conscience that which is first is truest, easiest and most usefull. 34
• 7. Conscience by its several habitudes and relations and tendencies toward its proper object is divided into several kinds. 35

CHAP. II. Of the Right or Sure Conscience.

• 1. A Right Conscience is that which guides our actions by right and proportion'd means to a right end. 38
• 2. In a right Conscience the practical judgment, that is the last determination to an action, ought to be sure and evident. 38
• 3. The practical judgment of a right Conscience is alwaies agreeable to the speculative determination of the understanding. 40
• 4. A Judgment of Nature or Inclination is not sufficient to make a sure Conscience. 62
• 5. When two motives concur to the determination of an action, whereof one is vertuous and the other secular, a Right Conscience is not prejudic'd by the mixture. 64
• 6. An argument not sufficient nor competent, though it do perswade us to a thing in it xxiv self good, is not the ground of a right, nor a sufficient warrant for a sure Conscience. 73
• 7. A Conscience determined by the counsil of wise men, even against its own inclinations, may be sure and right. 80
• 8. He that sins against a right and a sure Conscience, what ever the instance be, commits a great sin, but not a double one. 81
• 9. The goodnesse of an object is not made by Conscience, but is accepted, declared and published by it, and made personally obligatory. 95

CHAP. III. Of the Confident or erroneous Conscience.

• 1. AN erroneous Conscience commands us to doe what we ought to omit, or to omit what we ought to doe, or to doe it otherwise then we should. 99
• 2. An erroneous Conscience binds us to Obedience, but not so as a right Conscience does. 102
• 3. A Conscience erring vincibly or culpably is an unavoidable cause of sin, whether it be resisted or complied with. 109
• 4. It is a greater sin to doe a good action against our Conscience, then to doe an evil action in obedience to it. 111
• 5. It is not lawfull to delight in an evil action (after the discovery of our error) which we did innocently in our erroneous Conscience. 112
• 6. An innocent or invincibly erring Conscience is to be obeyed even against the known Commandements of a Superiour. 113
• 7. The Error of an abused Conscience ought to be reformed sometimes by the command of the Will, but ordinarily by a contrary reason. 116
• 8. The Error of a Conscience is not alwaies to be opened to the erring person by the Guides of Souls, or any other charitable adviser. 117

CHAP. IV. Of the Probable or thinking Conscience.

• 1. A Probable Conscience is an imperfect assent to an uncertain proposition, in which one part is indeed clearly and fully chosen, but with an explicit or implicit notice that the contrary is also fairly eligible. 119
• 2. A Conscience that is at first and in its own nature probable may be made certain by accumulation of many probabilities operating the same perswasion. 124
• 3. Of two Opinions equally probable upon the account of their proper reasons, one may be safer then another. 144
• 4. An Opinion that is speculatively probable is not alwaies practically the same. 144
• 5. The greater probability destroys the less. 146
• 6. When two Opinions seem equally probable the last determination is to be made by accidents, circumstances and collateral inducements. 150
• 7. It is not lawfull to change our practicall sentence about the same object, while the xxv same probability remains. 154
• 8. An Opinion relying upon very slender probability is not to be followed, except in the cases of great necessity or great charity. 154
• 9. Multitude of Authors is not ever the most probable inducement, nor doth it in all cases make a safe and sure Conscience. 156
• 10. In following the Authority of men, no rule can be antecedently given for the choice of the persons, but the choice is wholly to be conducted by prudence and according to the subject matter. 162
• 11. 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. 168
• 12. He that enquires of several Doctors, untill he find one answering according to his mind, cannot by that enquiry make his Conscience safe; but according to the subject matter, and other circumstances he may. 171
• 13. He that is asked concerning a case that is on either side probable, may answer against his own opinion if the contrary be probable, or more safe, or more expedient, or more favourable. 172
• 14. When the Guide of Souls is of a different opinion from his charge or penitent, he is not bound to exact conformity to his own opinion that is but probable, but may proceed according to the Conscience of the Penitent. 173
• 15. The sentence and arbitrement of a prudent and good man, though it be of it self but probable, yet is more then a probable warranty to actions otherwise undeterminable. ibid.

CHAP. V. Of a Doubtfull Conscience.

• 1. A Doubtfull Conscience assents to neither side of the question, and brings no direct obligation. 174
• 2. A negative doubt neither binds to action nor inquiry nor repentance, but it binds only to caution and observance. 175
• 3. A privative doubt cannot of it self hinder a man from acting what he is moved to by an extrinsick argument or inducement that is in it self prudent or innocent. 177
• 4. In doubts of right or Law we are alwaies bound to enquire: but in doubts of fact not alwaies. 178
• 5. In doubts the safer part is to be chosen. 180
• 6. It is lawfull for the Conscience to proceed to action against a doubt that is merely speculative. 184
• 7. Every dictate and judgment of the Conscience, though it be little and less material, is sufficient, and may be made use of for the deposition of a doubt. 187
• 8. When two precepts contrary to each other meet together about the same question, that is to be preferred which binds most. 188

CHAP. VI. Of the Scrupulous Conscience.

• 1. A Scruple is a great trouble of mind proceeding from a little motive and a xxiii [...] xxiv [...] xxv [...] xxvi great indisposition, by which the Conscience, though sufficiently determined by proper arguments, dares not proceed to action, or if it does, it cannot rest. 208
• 2. A Conscience sufficiently instructed by its proper [...]guments of perswasion may without sin proceed to action against the Scruple, and its weaker arguments or stronger tremblings. 213
• 3. He that is troubled with scruples ought to relie upon the judgment of a prudent Guide. ibid.
• 4. When a Doubt is resolved in the entrance of an action, we must judge of our action afterwards by the same measures as before; for he that changes his measures, turns his doubt into a Scruple. ibid.
• 5. A Scrupulous Conscience is to be cured by remedies proper to the disease and to the man. 215

SECOND BOOK. Of Divine Laws, and all Collaterall Obligations.

CHAP. I.Of the Law of Nature in Generall.

• 1. THE Law of Nature is the Universall Law of the world, or the Law of Mankind, concerning common necessities, to which we are inclined by Nature, invited by consent, prompted by reason; but is bound upon us only by the commands of God. 220
• 2. The Law of Nature is the foundation of all Laws, and the measure of their obligation. 243
• 3. The first or greatest band of the Law of Nature is fear of punishment. 244
• 4. The second band of Vertue is Love, and its proper and consequent deliciousness. 247
• 5. The Imperfection of some provisions in civil Laws are supplied by the natural obligation remaining upon persons civily incapable. 251
• 6. Sins against the Law of Nature are greater or less, not by that proportion, but by the greatness of the matter, and the evil consequent or the malice of the Sinner. 258
• 7. Actions which are forbidden by the Law of Nature either for defect of power, or for the incapacity of the matter, are not only unlawfull but also void. 260
• 8. When an act is forbidden by the Law of Nature for the turpitude and undecency that it hath in the matter of the Action, the Act is also void when the turpitude remains or hath a perpetual cause. 262
• 9. The Law of Nature can be dispensed with by the Divine power. 263
• 10. The Law of Nature cannot be dispensed with by any Humane power. 269
• 11. That the Obligation to a naturall Law does cease in any particular, is not to the presumed in every one, but is to be declared by the publick voice. 274
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• 12. The Exactness of naturall Laws is capable of interpretation, and may be allayed by Equity and Piety and Necessity. 275

CHAP. II. Of the Law of Nature as it is drawn up in the Christian Law.

• 1. WHen the Law of Jesus Christ was established, the Old Testament or the Law of Moses did no longer oblige the Conscience. 275
• 2. The Ceremoniall Law of Moses is wholly void. 280
• 3. The Judicial Law of Moses is annull'd or abrogated, and retains no obliging power either in whole or in part over any Christian Prince, Commonwealth or person. 286
• 4. The ten Commandments of Moses, commonly called the Morall Law, is not a perfect Digest of the Law of Nature. 318
• 5. All the Explications of the Morall Law that are found in the Prophets and other H. writers of the Old Testament are to be accounted as parts of the Morall Law, and equally oblige the Conscience. 323
• 6. Every thing in the Decalogue is not obligatory to Christians, is not a part of the Morall Law or Naturall. 324
• The measures of difference to discern between Morall precepts and precepts not Morall in all the Laws of God. 367
• 7. There is no state of men or things but is to be guided by the proportion of some Rule or Precept in the Christian Law. 372

CHAP. III. Of the Interpretation and Obligation of the Laws of JESUS CHRIST.

• 1.IN Negative precepts the Affirmatives are commanded, and in the Affirmative commandments the Negative are included. 389
• 2. When a Negative and an Affirmative seem opposite in any sense, the Affirmative is to be expounded by the Negative, not the Negative by the Affirmative. 395
• 3. In the Affirmative and Negative precepts of Christ, not only what is in the words of the Commandment, but whatsoever is symbolicall or alike, is equally forbidden or commanded. 396
• 4. When any thing is forbidden by the Laws of Jesus Christ, all those things are forbidden also which follow from that forbidden action, or for whose sake it was forbidden. 402
• 5. The Laws of Jesus Christ are the measures of the Spirit, and are alwaies to be extended to a spiritual signification. 404
• Whatsoever is an Elicit or Imperate Act of vertue, whether it be acted by the soul or by the body, is an act of spiritual religion. 408
• All acts of vertue are to be preferred before the Instruments of it; and that which exercises it before that which signifies it; and the inward Act before the outward. 410
• 6. The Imperate Acts or outward expressions of one Commandement must not contradict the Elicit Acts of another. 411
xxviii
• 7. When any thing is forbidden by the Laws of Christ, all those things also by which we come to that sin are understood to be by the same Law forbidden. 414
• 8. The Suppositive Propositions with the supervening advices of our B. Saviour are alwaies equivalent to matter of Duty, and are by Interpretation a Commandement. 417
• 9. The Institution of a Rite or Sacrament by our B. Saviour is a direct Law, and passes a proper obligation in its whole integrity. 420
• 10. If the sense of a Law be dubious, we are sometimes to expound it by Liberty, sometimes by Restraint. 432
• 11. The positive Laws of Jesus Christ cannot be dispensed with by any Humane power. 440
• 12. Not every thing that is in the Doctrines and Sermons of Jesus Christ was intended to bind as a Law or Commandement. 448
• 13. Some things may be used in the service of God which are not commanded in any Law, nor explicitly commended in any doctrine of Jesus Christ. 454
• 14. The Christian Law both of Faith and Manners is fully contained in the H. Scriptures, and from thence only can the Conscience have divine warrant and authority. 472
• 15. In the Law of Christ there is no precept that ministers wholy to the Law of Moses, but for a time only and less principally. 519
• 16. The Laws of Jesus Christ are to be interpreted to the Sense of a present Obedience according to the subject matter. 520
• 17. Because the Laws of Jesus Christ were delivered in Sermons to a single person or a definite number of hearers, we are curiously to enquire and wisely to understand when those persons were only personally concerned, and when they were representatives of the whole Church. 540
• 18. Evangelicall Laws given to one concerning the duty of another do in that very relation concern them both, but in differing degrees. 546
• 19. Custome is no sufficient Interpreter of the Laws of Jesus Christ. 548
• 20. The measure of perfection and obedience required of Christians is greater then that of the Jews even in morall duties common to them and us. 554

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 gravity or lessening of the Sin of disobedience to humane Laws.
• 2. Humane Laws doe not oblige the Conscience 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 presumption 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 promulgation 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 person to the suffering the punishment even before 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 repent of the disobedience. 79
• 5. It is not lawfull for a guilty person to defend xxx 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 malefactors, but they may require it of the Magistrate in some cases. 107
• 7. It is not lawfull to punish one for the offence of another merely and wholly. 117
• 8. The Laws of Tribute are Morall Laws and not Penall, except it be by accident; and therefore do oblige the Conscience to an active obedience. 124
• 9. The Laws of tribute have the same conditions, 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 Supreme 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 affairs of Religion and the Church. 174
• 6. The Supreme civil power hath a power of coercion over every person in the whole Order Ecclesiasticall. 178
• 7. The Supreme civil power hath Jurisdiction in causes not only Ecclesiasticall but Internal and Spirituall. 199
• 8. The Supreme civil power is to govern in causes Ecclesiasticall by the means and measures 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 spiritual. 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
xxxi
• 4. The Church hath power to make Laws in such things which are helps and apt ministeries 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 Ecclesiasticall Rulers are confirmed by the Supreme civill 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 excommunicated. 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 Christendome 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 & Provinciall Councils are then laws to the Conscience 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 externall observances do not bind the Conscience beyond the cases of contempt and scandall. 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
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• §. 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 conf[...]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 personall relating to the familie, or done within it. 359
• 2. Fathers have a power to chastise their offending 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 matter 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 obligations. 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, Diminution and Abrogation of Humane Laws.

• §. I. Of Equity. 1. WHen the Letter of the Law is burdensome 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 authenticall, and obliges the Conscience as much as the Law, and can release the bond of Conscience so far as the Interpretation extends 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 xxxiii his own Laws for any cause that himself prudently 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 also commute a Duty: and as in the first it eases, 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 reasonable, though the Law it self be neither unreasonable nor unjust. 431

FOURTH BOOK. Of the Nature and Causes of Good and Evil.

CHAP. I. Of the Efficient Causes of all Humane Actions good or evil.

• §. I. Of Choice and Election voluntary and involuntary. 1. AN action is neither good nor evil, unless it be voluntary and chosen. 437
• 2. The virtuall and interpretative consent of the will is imputed to Good or Evil. 455
• Rules of conducting our Sports and Recreations. 473
• 3. The Act of the will alone, although no externall action or event do follow, is imputed to Good or Evil by God and men. 480
• 4. An Involuntary effect proceeding form a voluntary cause is imputed to the Agent as if it were voluntary and directly chosen. 489
• §. II. Of the Diminutions of voluntary Actions; and first of Ignorance, and its influence into the morality of Humane Actions. 5. Nothing is good or bad but what we know, or concerning which we can deliberate. 493
• 6. Ignorance does alwaies excuse the fact, or diminish the malignity of it, or change the kind or nature of the Sin. 500
• §. III. Of Fear and Violence, and how these can make an action Involuntary. 7. Fear that makes our reason useless, and suffers us not to consider, leaves the actions it produces free from crime, even though it self be culpable. 511

CHAP. II. Of the Finall cause of Humane actions, and its influence or causality of Good and Evil.

• 1. IN every good Action the means and the end must be Symbolicall; so that a good Action done for an evil end, and an evil Action done for a good end, are alike Criminall. 517
• 2. To do an action of it self lawfull for temporall regards, for ends of profit, pleasure, or honour, is not unlawfull, except it be accidentally. 520
• 3. The end and intention of a Law is under the Commandement as much as the Action it self commanded in order to the end. 525