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A79995 The civil magistrates povver in matters of religion modestly debated, impartially stated according to the bounds and grounds of scripture, and answer returned to those objections against the same which seem to have any weight in them. Together with A brief answer to a certain slanderous pamphlet called Ill news from New-England; or, a narrative of New-Englands persecution. By John Clark of Road-Island, physician. By Thomas Cobbet teacher of the church at Lynne in New-England. This treatise concerning the christian magistrates power, and the exerting thereof, in, and about matters of religion, written with much zeal and judgement by Mr. Cobbet of New-England, I doe allow to be printed; as being very profitable for these times. Feb. 7th. 1652. Obadiah Sedgwick. Cobbet, Thomas, 1608-1685. 1653 (1653) Wing C4776; Wing B4541; Thomason E687_2; Thomason E687_3; ESTC R206875 97,858 126

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acted by the outward man of each Member of the State as he is a Member of the State and as his act reflecteth upon the Civill State or its peace and good no more than the same priviledge of private Judging hindereth the Church to Iudge Ecclesiastically of what a Member as a Member of the Church is to do or not to do or hath done amiss as his act doth concern or reflect upon the Church Secondly If because each one as a Christian is in a private way to Iudge of his own act the Magistrate Legislatively and Iuridically may not determine in his Politicall way that any thing is duty or not in matters of Religion unless according to such particular Christians Iudgements then it is unlikely if not impossible that any law about Religion should be made or any politicall determination thereof given since some will be of different minds yea about fundamentalls as for example some will Iudge the Pope to be head of the Church some that Christ is not very God some that he is not very man some will hold such Incouragements to well doers should be given others will differ from them yea the like will follow in matters of the second table upon like grounds Christians therein also are to follow their own Iudgements and not other mens and whatsoever in such matters also is not of faith is sin therefore it must not be Politically determined that lying with another man wife is sin or to be punished at all by State or Church since some Iudge a community of the use of the bodies of Sisters at least to be lawfull nor must the taking away of others goods or cattell from them for others use be Politically determined or punished as evill since sundry Christians Iudge a community of such things also to be good nor must the taking away of Heretique-princes lives by Assassinates be Politically determined and punished as evill since Christians of Popish Iudgements think it a meritorious act Thirdly Then could not it not be orderly determined no not 2 Chron. 15. 13. with consent of the body of the people that such as would not seek the Lord should be put to death since sundry might judge it too harsh yea in determining thereof they implied that some would be of another mind ly open to that censure yet it s recorded to their honour that they did so Exo. 34. 1 2 3 4. These are thy Gods O Israel that brought thee out of Egypt that was their Iudgement yet Moses Politically determining otherwise of it as punishable with death ver 26 27 28 29. did well in it Ob. True you will say but the Israelites erred in either thinking or speaking so Ans Yea they did so but say we that was their particular Iudgment though erring and they as well as we must walk in the light of their own judgements and not of any others if the objection be right and therefore according to the objectors mind should not have been accused or punished Fourthly Then all Ecclesiasticall Judging of men in matters of Religion which in Iudgement and Conscience though erring men hold forth is cut off and why then did Paul wish that those should bear their Judgement Gal. 5. 10 11. since many of them held no more than what they Judged to be right Fiftly Then such mens Iudgements at least are not to be a rule to the Christian Magistrates Iudgement but as he is perswaded in his heart he also as any other Christian must do If he can make it a matter of his faith it is no sin in him Politically to Iudge what is or what is not according to the word or accordingly to be civilly punished or praised in Members of the Civil State when expressed in such sort by the outward man as it meerly concerneth the State or reflecteth upon it and this in matters of both tables and what then is gained Nay by this indefinite principle in the objection much would be lost if the Civil Christian Magistrate and State be in mind perswaded and do verily Judge that the bread in the Sacrament is turned into the very flesh of Christ that whosoever holdeth forth the contrary shall be burned at a stake must they not do whatsoever they are perswaded in their minds and if of faith to them then not fin to them to do it according to the bottom of the objection Nay but you will say their perswasion must be rightly founded upon the word which is the object of faith else it is not right Ans Very good and in that meaning your objection is no objection unless better warrant be shewed from the word why each mans Judgement is so to be his own guide that as a Member of the Civill State his Judgement also is not in a Politicall way to be ordered by the Politicall determinations of regulated Civill Authority As for the sequels urged persecution or justifying of persecutors thereby they are urged from that which is not a proper cause as if it were a cause It is not the use of such a power of Judging in regulated Civill Authority that causeth persecution for matters of the first table more than tyranny in matters of the second table but the Abuse of that power rather from the abuse of a lawfull power or privilege to reason against the use thereof is not right or regular Churches also may abuse their power and persecute a Saint of God by a wicked determination and answerable censure in a matter of God or the Church but that doth not therefore hinder but that the Church is highest Ecclesiasticall Judge in such matters The last instruction from the premises If abuses in Religion are thus to be restrained and punished by regulated Authority then are not persons in an ordinary way to be left by regulated Civill Authority to the liberty of their own judgements or consciences to profess or practise in matters of Religion according as their severall minds and spirits yea though seduced and erring shall think meet no though those persons profess the Christian Religion and the fundamentals at least thereof For the better clearing of this weighty Conclusion so many wayes opposed now adayes we shall first propound some distinctions about it and so the better state the Conclusion 1. Then let us distinguish of Liberty which according to Scripture grounds is either lawfull and regulate liberty or a liberty that is sinfull lawless and boundless Lawfull liberty is either that which is of a more civill or spirituall or mixt nature 1. That of a more civill nature is either oeconomicall or politicall properly such oeconomicall as that of servants Ex. 21. 11. Jer. 34. 10. or that of wives Rom. 7. 3. 1 Cor. 7. 36. Politicall properly such whether more generall as that of a free denison of a State or of more speciall privilege as freedom from taxes Act. 22. 28. Math. 27. 26. 1 Sam. 17. 21. Ezr. 7. 24. from going to war Deut.
way it is according to the Mind and Word of God And this now sayd may help also to take off another Objection Obj. 2. Some object That then Heathen Kings as they are Civill Magistrates have right to make Laws about matters of Religion and of the Church although not able to doe it not knowing the Matters of God or of Churches and not Members of the Church and so not censurable by the Church which were to make a King-Pope to give out Laws to the Church and not to be censured by the Church Ans 1. We especially intend the Conclusion of a Magistrate regulated according to the rules of the Word of God whose Minister he is and so the Civill Magistrate is no Heathen or Ignorant of Religion or out of the Church If he be otherwise it is his sin that way See more pag. 48. 2. Although the Civill Magistrate fail in that part of his duty that he knoweth not the Lord who girdeth him with that Princely girdle yet that sin in that particular doth not wholly Is 45. 1. 4. 5. excuse another sin of omission of another duty namely Authoritatively to keep the first second third or fourth Commandement Rulers may be Ignorant of many matters of the second Table and disabled so far from making good coersive Laws about them yet both are sins of omission In both he hath a right essentially and actu primo but in respect to the execution of that Nomothetique right in reference to matters of the first or second Table he hath that power virtually onely 3. Heathen Kings not of the Church and not censurable by the Church may give out Laws to the Churches under their jurisdiction touching matters of Righteousness and Honesty yet that maketh them not King-Popes no more doth the other Nebuchadnezzar might as commendably make a coerfive Law upon civill penalty against the Jewish Church Officers or Members under his jurisdiction as execute any such corporall punishment upon them both for false Doctrines vented by them under pretence of Gods name a sin against the first Table as also for committing Adultery for a Law made that way doth leave the subject more inexcusable and had been no other than a politicall Legislative Sanction of the Laws of God whose Minister considered as a civill Magistrate he was the Lord himself by law having made such sins capitall Deut. 13. 5. Lev. 20. 10. Now that exemplary act of Justice in Nebuchadnezzar upon a member of the Jewish church under his jurisdiction as well for false Doctrine as for Adultery is renowned and a form of Imprecation thence borrowed Ier. 29. 22 23. The Lord make thee like Zedekiah and like Ahab whom the King of Babylon rosted in the fire because they committed adultery with their neighbours wives and have spoken lying words in my name which I commanded them not even I know and am a witness saith the Lord. 4. When Heathen Kings come to know their duty in matters of the first or second Table and accordingly they establish Laws about Religion they doe it not now by any new right when Christians and knowing Christ no more than a Parent becoming Christian and knowing Christ giveth out parentall commands to his children with respect to bodily corrections if they do not such and such Religious duties doth this by any new Parentall right which he had not intrinsically when Pagan The case is alike in those Fathers of the Common-wealth 5. Heathen Kings whilst Heathen may and must make Laws about the matters of God and his Religion so far as their right guiding light extendeth else should they hold the truth of God in unrighteousness now it s certainer that they whilst Heathen have or may have much light so as to see into matters of the true God and of his Religion 1. By the light of Nature Heathens know and have known that there is a God that he is one God that he hath made all men as his Offspring that he is to be worshipped according to his spirituall nature that he is to be called upon that he is not to be blasphemed nor belyed nor called to witness in a false thing that images of him are not to be made that men are not to take his name in vain by rash or false Oaths that some time is to be set apart for his Worship and the like Rom. 2. 14 15. By the work of the Law within their hearts many things contained in the Law may be and have been done 2. The light of Gods Works both of Creation and Providence may help them much this way Rom. 1. 18 19 20. see more Ezek. 36. 23. 36. 38. 16. 39. 21. 28. The notable Providence of God rescuing by his Angel Shadrach Meshach and Abednego from Nebuchadnezzars fury for not worshiping his Idoll of gold made him make that coersive Law mentioned Dan. 3. 28 29. Therefore I make a Decree that whosoever shall speak amiss of the God of Shadrach c. shall he cut in pieces c. 3. They may have some common light of the Spirit that way communicated by means of some of their godly subjects whence such expressions of that Darius mentioned in Ezra 6. 10 12. and no wonder then he make that penall Decree ver 11. Also I have made a Decree that whosoever shall alter this word let timber be pulled down from his house and being set up let him be hanged thereon and let his house be made a Dunghill 4. None will deny to Pagan Princes a right of Authoritative praising and incouragement of such as doe well in regard of duties either of the first or second Table to which also God in speciall wise stirred up the spirit of Cyrus the first Ezra 1. 1 2 3 4. Though he knew not the Lord savingly then Isaiah 45. 4. 44. 28. compared And why shall not Heathen Rulers have a right with like latitude of respect to first or second Table to be a terror to evill doers by making coersive Laws for that end so far at least as their right guided light extendeth yea we have shewed before divers of them are in Scripture commended for this So that the truth hereby is further strengthened thus That which Heathen States Kings and Princes remaining Heathen have done and been commended in Scripture for doing it as Princes or higher Civill powers that must needs be essentiall to them as higher Civill powers and imitable by others in like Civill power but as hath been formerly declared such use of Legislative power by Heathen Higher powers as Higher powers making coercive Decrees in matters of the Religion of the true God hath been commended in Scripture therefore such use of the Civill Legislative power is essentiall even to Heathen Rulers and imitable by all others in like Civill power Obj. 3. God hath left others to Govern and Feed his Church 1 Cor. 12. 28. Eph. 4. 8 11 12 13. who must give an account of their soules And the
Synods also for any hereticall decrees of theirs tending to hurt the State or disturb the Christian societies under his charge and if so then he is in a politicall way to Iudge in matters of Christ and of his Church But the former is true Ergo the latter But is not this to make the Civill Magistrate a Pope Ans No he is by duty tyed to his rule the word and to Iudge according to that Yea but he may erre and the Synod be in the right Ans He may so and so may Ecumenicall Synods erre yet many make them the highest Ecclesiasticall Iudge so here possibility of erring hinders not but that the Civill Magistrate and highest Civil Authority in a State or Commonwealth should be the highest politicall Iudge For standum est in aliquo primo If erring Churches should Ecclesiastically censure godly Rulers for righteous politicall Iudging or censures there is no higher Church Court or Iuridicall Iudge If erring Rulers and highest Civill Courts politically censure the Churches met in their messengers in a Synod for their Godly determinations there or if they censure particular Churches for any righteons censures of offending members at home there is no higher Court or Iudge than the highest in that kind Object The same power that maketh Church Canons must define them and Iudge of them The Synod not the Civill Magistrate maketh Church Canons Ergo the Synod not the Magistrate must define and Iudge of them Ans If this whole argument were granted Yet this hinders not but that the Civill Magistrate may both make Laws about the Church and Church matters in a politicall way and in the like way Iudge of such matters albeit he may make no Laws Formally Ecclesiasticall Nor is his Magistraticall Iudgement as such an Ecclesiasticall Iudgement So that this rather confirmeth the conclusion in hand thus Such as may make politicall Laws about Religion or the Church they may politically also define and Iudge of matters respecting the same but the Civill Magistrate and higher Civill powers may do the former as hath been proved Ergo they may do the latter Object He may say some deny his Civill Sanction to the Synods erring Canons albeit he make no penall Laws that way Ans Even this also suffiseth to make him politicall determiminer and Iudge in such matters yea to make him politicall Iudge of such which dogmatically are the highest Ecclesiasticall Iudges surely he must Iudge the Synods Canons to be erring if he be allowed to deny his Civill Sanction to them as erring Object But the regulated Civill Magistrate being by duty a Member of the Church he hath covenanted subjection to the Church and to the Elders of it Ergo he is bound to own their determinations of things in controversie according to the word else as an offending Brother is he liable to be dealt with in a Church-way Ans It is true supposing they judge according to Christs judgement in the words He that hearreth you beareth me and he that despiseth you despiseth me and so as a covenanted Member Luk. 10. 16. he is bound to hear them and if he by gross contempt of their Counsells when according to Christ do give them offence they may by all good meanes seek to convince such an offending brother and in case he hear not bring it to the Church of which this or that Magistrate is a member and if he hear not the Church he may be cast out of the Church Math. 18. Yet secondly this hindereth not but that that Civill Magistrate is a politicall Judge of others pastorall Judgements whether indeed according to the word before he do establish any conclusions of theirs for Politicall lawes Thirdly Nor doth this warrant any Church to proceed against any Civill Ruler whatsoever for rejecting their erroneous determinations but that it being clavis errans it is an abuse of Church power and bindeth not before God Nor is that What yee bind on earth is bound in heaven verified in the abuse but right use of the power of the keyes whence Christs owning of him whom the Synagogue cast out Joh. 9. 35 Luk. 6. 21 37. 28. 39. Hence a blessing pronounced to some unjustly censured Fourthly Nor doth this hinder but that Civill Authority may and must politically judge of the errors of Synodicall determinations and censure civilly such as make them To shut up all that we would say to what is thus objected In case of a right administration the Civill Magistrate in duty subjecteth his Memberly Judgement to his Pastors ministeriall Judgement but in case of Aberration he may not deliver up to any the supremacy of his Politicall Judgement They herc conclude right who say that neither the Civill Magistrates Politicall Judgement is a certain rule either to Synods or Churches Judgements nor is their Ecclesiasticall Judgement an infallible rule to his Politicall Judgement but the revealed word is the onely infallible rule to both Leaving then to either the supremacy of their severall Judgements to the former Politicall to the latter Ecclesiasticall the Magistrate as a Magistrate cannot define ecclesiastically with reference to Church censures in refusall of such determinations of his the Church as a Church cannot define Politically with reference to Civill rewards and punishments Ob. It may seem that each particular Christian subject is to judge rather what is or what is not according to the word because they are to obey those edicts none are to yield blind obedience to obey this or that Politicall law concerning Religion or the Church as in this or that particular according to God because others Judge so but because himself judgeth so a mans own Judgment is to him his own immediate personal Judge of what he is to act or forbear let every man be fully perswaded in his mind and whatsoever is not of faith is sin And the Contrary Rom. 14. tenent making Civill powers highest earthly Judges what particular things are contrary to the word were a way to open a gap to most bloody persecutions without redress since they may Judge that to be contrary to the word which is not And it were a way to justify the Civill acts and Ecclesiasticall too of Popish governments whereby they have made and executed fiery lawes against the Saints for Heresie as judging it to be Heresie and deserving the Faggot as in the Mariau dayes Ans 1. Be it that a Christian be his own next Judge of what he is to do or not as he is a Christian and in reference to his inward Peace or the breach of it nor is he to pin his personall Judgement of matters of Christ or of his Church upon any others Judgement meerly or chiefly but though he have his particular Iudgement as a private Christian in a Christian way yet that hinders not but that the Civil Magistrate hath his publique Political Judgement in reference to Civill rewards and punishments of what is or is not to be expressed and
who must say why doe you thus unclean practises respecting the flesh may be punished but unclean spirits and doctrines must be suffered in the Land they would not have such as rob and spoyl others of their goods escape but it s no matter what havock any make of Church Ordinances Privileges and Liberties by any Tenents of theirs If they rob us of the Law and the Prophets and take away a great part of the holy Scriptures which was all given by Divine Inspiration and is profitable for Doctrine for Reproof for Isa 49. 23. 3. 7. Rom. 13. 3 4. Correction for Instruction in Righteousness or if they plunder and strip us of the office Political power and care of the Churches Civil Nurse-fathers Physicians and Shepherds for their best good none must punish them for such like outrages And if at a dead lift Magistratical power be with much ado permitted to come within the range and reach of the first Table yet they will have it under so short a tether and lay such strong chains and heavy bolts upon it that it s there rather as in its prison than any way as in its privileged place they shall be permitted to punish Witches Sorcerers and Inchanters else say they what mischiefs will befal our Estates Families and Bodies But as for those good those white Witches that out of pretence of conscience bewitch souls Gal. 3. 1 c. to death by their inchanting doctrines let not Civil powers meddle with them Men of our times will not speak these in so many words but in their tenents and practises they speak in effect as much But good Reader be thou ware of such false Prophets that come in sheeps clothing will carry it towards thee as fruitful and Matth. 7. 15. spiritual Christians as humble meek gentle harmless self-denying mortified persons for a season till they have attained their ends will tell thee it is new light what the Spirit revealeth to them it is the tenderness of their consciences which maketh them scruple such and such things which others have long held c. And all this while they are inwardly ravening wolves I hope pious Reader I speak to one who yet hath an ear open to hear what may be spoken in the defence of that truth so much questioned and opposed now adays That the Lord hath not left Christian regulated Civil Commonwealths without their respective ways of Authoritative Redress of such like mischiefs in Religion for which end read and consider in thy retiring hours and times this little Treatise and the Lord give thee understanding in all things Thine in Christ Jesus Tho. Cobbet The Method and scope of the ensuing Discourse concerning the Civill Magistrates Power in matters of RELIGION By way of Introduction THe example of our Head Jesus Christ Iohn 2. 13. ad 17. who made it one of his first works to reform matters amiss in Religion is opened and applyed in many pious and seasonable observations pag. 1. ad 6. That this act of Christ is presidentiall and imitable according to the judgements of the Godly Learned Pareus Bullinger Tossanus Marlorate Dyke Ainsworth Musculus Suecanus and Beza pag. 6. ad 9. 2. Objections answered pag. 9. ad 12. The Thesis and Position propounded to be cleared is this That Corruptions in Religion outwardly breaking forth and expressed may yea and must be restrained and punished by such as are thereunto called pag. 12. In handling whereof the Author first propoundeth some 1. Distinctions pag. 12. 2. Some Conclusions about it are laid down 1. Negatively what may not bee done this way pag. 13. ad 16. 2. Positively what may and must pag. 16 3. The main Assertion is explained pag. 16 17. And proved by Seven Reasons grounded upon Scriptures pag. 17. ad 34. Five Corollaries or Instructions drawn from the Premises 1. The first is by way of Refutation and Answer to sundry Objections tending to undermine the Cocrcive Power of the Civill Magistrate in matters of Religion pag. 35. ad 46. 2. The second Instruction chargeth Rulers with the Duty of Endeavoring the exact knowledge of Gods law word and rules pag. 46. 3. The Third Instruction or inference from the premises That then the Highest Civill Authority are to make Coercive Lawes about matters of Religion pag. 46. Touching this particular The Author distinguisheth 1. Of Civill Magistrates pag. 47 48. 2. Of Kingdomes or Commonwealths in which they rule pag. 49. 3. Of Legislative power in matters of Religion p. 49. 4. Of Lawes about Religion pag. 50. Conclusions are laid down about this weighty matter 1. Negatively pag. 51. ad 54. where it is proved that humane laws formally and as such cannot bind the conscience 2. Positively Positive Conclusions about this Nomothetique power are sour 1. That Politicall Laws properly such may be made about matters of Religion pag. 54. This Conclusion is confirmed by seven Reasons pag. 54. ad 58. 4. Objections against this Conclusion are answered pag. 58. ad 67 2. Conclusion That in doubtfull matters Ecclesiasticall Assemblies are to bee called whose Counsels unto the Magistrate are Ecclesiastically Authoritative pag. 67. 3. Conclusion Civill Magistrates are to call upon Ministers to expound the whole Counsell of God pag. 68. 4. Conclusion Civill Authority must establish their Lawes with the consent of their people or their representatives p. 68. 4. A fourth Instruction from the Premises Then are the Civil Authority in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not pag. 70. For further clearing of this from all gainsayers 1. Some distinctions are laid down pag. 71. 72. 2. The Conclusion is stated and cautioned pag. 73. 3. Five Reasons for proof thereof and the Objections against them answered pag. 73. ad 82. 5. The last instruction from the premises Then are not persons to be left to the liberty of their own Judgements or consciences pag. 82. For the better clearing of this weighty Conclusion so many waies opposed now adayes 1. Some distinctions about it are propounded and Rom. 14. 3. c. cleared pag. 82. ad 86. 2. The Conclusion is stated against a set fixed Toleration and proved by 10. Reasons from Scripture all which are vindicated from the severall Objections against them pag. 86. ad fin Errata In the Epistle Dedicatory pag. 4. line first adde cor pag. 29. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 32. for 1 John 14. 1. read 1 John 1. 14. This Treatise concerning the Christian Magistrates Power and the exerting thereof in and about matters of Religion written with much zeal and judgement by Mr. Cobbet of New-England I doe allow to be Printed as being very profitable for these times Feb. 7th 1652. OBADIAH SEDGWICK A Discourse concerning the Nature and Latitude of Civil Powers in matters of Religion IF