answered Sect. 10. The second part of their proposition answered viz. That the Magistrate hath no power in Gods worship as he is a Christian The Magistrates called Gods Anointed ones Aphorism of K. James against too much severity Force to be used Of the Apostles delivering over unto Satan Of dividing the inheritance and ridding the Temple Sect. 11. 2 Cor. 1. 24. expounded Mat. 20. 25. expounded 1 Pet. 5. 2 3. exponnded Distinction of powers Episcopus puerorum what Pragmatica Sanctio Imperium supra Imperium and Imperium ab Imperio avulsum what The greatest domineering power is in the men of this Generation The execrable fact of Schucker the disciple of Melchior Rinchius who cut off his brothers head by inspiration Sect. 12. That place of Mat. 13. Let both grow together till the Harvest expounded and justified both as it notes the event of Gods providence and as it notes the duty of the Civil Magistrate Sect. 13. Their argument taken from the fallibility of Magistrates answered Their argument from the no such need of Magistrates now as under the Old Testament answered A threefold judgement of the Church Their argument taken from mistakes in Holland and from fallibility of Councils answered Sect. 14. Their argument taken from the Royal Law of whatsoever ye would that men should do unto you c. answered Persecution in Scripture-sense what Most convenient that all things be determined by Laws Lex Talionis necessary in every good body of Laws The Temple of the Graces how set something of necessity must be left to the bosome of the Judge Private men know not what they would be should they come to govern Sect. 15. Christian prudence in a Magistrate a supposition of theirs answered In what cases the civil sword may capitally punish proved out of the Law And that it hinders not the conversion of a sinner That Magistrates have the same power under the New Testament as they under the Old had proved out of Scripture The question why Idolatry and blasphemy are punished with death and not cursing of father or mother man-stealing adultery and Sabbath-breaking answered Their argument taken from the advantages that the Jews had in judging of causes answered The argument taken from the different dispensations of the Law and the Gospel answered That of 1 Cor. 4. 5. expounded Judaei Caelicolae Law made against them Their argument taken from toleration in other places answered Pragmatica Sanctio what The Censure of the Sorbon against the temporal power of the Pope The committing of reformation to Pope or people an errour Liberty makes not for the security of princes The carriage of Jeroboam parallel'd in our days they urge it against us but it makes against themselves Sect. 16. Liberty granted by the Kings Declaration from Bredah answered Argument taken from Dr. Taylor now Lord Bishop of Down and Conner answered Our adversaries abuse him in making their Authours separatists from themselves c. The 10. persecutions in the first 300. years Persecution otherwise taken in the Scripture then in the Law How imposing and lording c. came in with the train and retinue of Antichrist and how not Humane Laws bind the conscience in themselves not for themselves Severe Laws made against Hereticks and what they were King James his Embassy to the States of Holland touching Vorstius Moderation of the Church of England touching things disputable of Toleration in Germany Savoy Polonia Roan Who the first Preachers of force and violence Of begging Fryars c. Of the Lollarots Spiritnal drunkenness worse then corporal The greatest drunkards where greatest liberty of Opinion Disputations seldome produce good effects and why THE Dew of Hermon Which fell upon the Hill of SION Sect. 1. IN the Epistle to the Reader they compare these times to that of our Saviours passion wherein the same things they say are fallen out which our Saviour foretold should come to passe after his passion viz. That the father hath been divided against the son and the son against the father three against two and two against three even a mans foes have been they of his own houshold And it is very true that they say herein namely that the same things have fallen out now as then but with this difference viz. That those divisions which were predicted by our Saviour to come to passe after his death were meerly eventual as receiving no causality or real influx from the passion os our Saviour whose Legacy to his Church was peace and unity given by his Testament and sealed with his blood whereas these divisions are not meerly eventual but consequential too necessarily following as an effect does its cause upon the removal of the impediment For it hath been long ago cleared up to the world that these things had been brewing above threescore years before they came to passe but never ripe for execution till the passion or the captivity of the King whereupon the foundations were cast down and the sinews of Government broken which once removed out of the way then did that shew it self openly which Barclay in his Icon animorum observes to have been practised privately before viz. the sons excommunicating the father and the father the sons lastly one son excommunicating the other till three Churches were found in three persons of one house if it be not a solaecisme so to speak And truly to use their own words He is a stranger in this our Israel that hath not seen these things And whereas for their pretence they alledge the golden Rule of our Saviour viz. All things whatsoever ye would that men should do unto you the same do ye also unto them Our Saviour never intended hereby to loosen the reins of Government and to let them lye upon the necks of those that are like horse or mule that have no understanding whose mouths must be held with the bit and bridle of the Law but this he would have to be understood of a well governed will subjected to right reason otherwise a criminal at the bar might say to the Judge my Lord nay he must call him Sirra too you passe sentence of condemnation upon me and therefore I suppose you willing according to our Saviours Rule that I passe the same upon you let us therefore change places for a while and so we shall both in three dayes take our turnes at Tiburn or else pardon one the other for what is past and give mutual liberty to do what we please for the time to come and so not only become the sons of the free woman but be freed from that bondage which those of the bond-woman would bring us into it is the very Metaphor which they here pursue which if the Judge refuses and he is mad if he does not then does he in the sense of the Authors offer violence to the conscience of the offenders as hereafter will appear And least this violence and oppression should terminate in the bloud of those which are dear to
discipline reached to the punishing of the body Therefore we must distinguish of power As 1. That there is a power instituted by Christ or exercised by his Apostles as has been evidenced That such a power may be exercised no man can well deny for whosoever does is a Heretick 2. There is a power of confederation or consent the which confederation or consent was either instituted in Primitive times and derived down from thence to these our dayes such as is jurisdiction meerly ecclesiastical and who disobeys or separates from this power is a Schismatick at the least or else it has been taken up by particular Congregations or Conventicles of men and this is the power that these men would have which is a meer mock power under which they will play fast and loose at their pleasure not unlike that of your Episcopus puerorum serving only for a Christmasse season condemned by the Council of Basil in Pragmatica Sanctione fol. 173 3. There is a power neither of Gods donation nor of Apostolical prescription nor of Ecclesiastical Institution nor of congregational confederation which I said before to be no proper power at all in as much as it is not any way obligatory to him who is under it but of mens own assumption which is either Imperium supra Imperium such is the Popes or Imperium in Imperio ab Imperio avulsum such is the Presbyterians as it hath been practised in Scotland Or which is Tyrannical in the execution of it by imposing new Articles of faith or Doctrine contrary to the form of sound words as the Pope does do or cutting off mens heads by inspiration as some of the other limb of Antichrist the Fanaticks have done and so they are not to lord it over Gods heritage The fact of Thomas Schucker the Disciple of Melohior Rinchius is not unlesse it be for the horridnesse of it to be omitted This Schucker in the middest of a numerous Assembly of his own gang pretending he was inspired from Heaven cryed Woe woe woe commanded a Sword to be brought him and withall he called to his Brother John to kneel down upon his knees his Parents with others asking him what he meant by this preparation he bade them be of good chear he being about to do nothing but what should be revealed unto him from the heavenly Father The eyes and minds of all being intent upon this new spectacle this mad Prophet drew the Sword and therewith divided his said Brothers head from his shoulders which struck his Parents with great grief of heart and the rest with terrour Being apprehended by the Magistrate who would allow him no more liberty of conscience for if he had his own head might have gone after He suffered condign punishment for this his cruel fratricide never all this while repenting of the crime but constantly affirming that this will of God was revealed unto him from Heaven This Tragedy happened in Fano Galli Anno 1527. And whether some men of this Generation have not dyed much like him I leave it to those that beheld them 'T is true as these men further alledge that the Apostles were Embassadours for the Prince of Peace and in his stead did pray the unbelievers to be reconciled to God And what if they would not embrace the Gospel but remain without the pale of the Church what had they to do to judge those that were without 1 Cor. 5. 12. What could be expected from such lesse then revilings persecutions defamations And what lesse is expected by God from them then blessing sufferings intreatings patience long-suffering love unfeigned c. Sect. 12. THe next place alledged by them is Matth. 13. The Parable of the Tares whereof it is said Let both grow together till the Harvest Answ I agree with them that this place does not only respect the second but the first Table the subject whereof is the worship of God But withall I answer first with that Expositor they mention that it seems not to note the duty of the civil Magistrate but the event of Gods Providence namely that God would permit the cohabitation of the wicked in the world with the just not that the Magistrates or Ministers should permit them and not by civil punishment or ecclesiastical remove them out of the Church or world if the quality of the offence so required it But say they If men did not fight against the truth they would not so eminently contradict their own sayings for who can believe that it should be the mind of God to permit the cohabitation of the wicked in the world with the just as aforesaid and yet the Magistrate should not permit them but remove them by civil punishment out of the world Hath the Magistrate power to remove those out of the world that God would have permitted to live How soon may a Magistrate if guided by such a doctrine bring the bloud of the innocent upon himself and Nation Answ Here is no contradiction at all neither doth a Magistrate bring innocent bloud upon himself by going about to put those to death if they deserve it whom the event of Gods providence keeps alive When a Traytour or Murderer makes an escape the event of Gods Providence keeps him alive whom the Magistrate would have put to death and this without bringing innocent bloud upon himself Abraham did well in going about to sacrifice his Son Isaack having a command from God to do it Yet the event of Gods Providence kept him alive Genes 22. The Gibeonites were of the Hivites whom God commanded the Israelites to destroy yet the event of Gods providence kept them alive Joshua 9. The Israelites had Commission from God to fight against the Benjamites the first and second time yet the event of Gods providence gave them the better till the third Encounter Judges 20. How these particulars came to passe may be read in their several stories And how such events may happen frequently under a Magistate using his power is thus made good The wise Creator of all the World having afforded to every creature a means most suitable to its nature for the accomplishment of its end and perefection and for the removal of impediments which lie in its way thereunto has done no lesse to man in as much as for the encouragement of his obedience and the removal of sin out of the way to happinesse both which are moral things he plies him with exhortations comminations blessings curses examples precepts which are moral too and all this may be done by the Ministers of the word or of others in their capacities And because if he stayed here the major part which have lesse of Natures first institution in them would be never the better for all these he hath ordained the Magistracy so to be a terrour to evil works to execute wrath on them that do evil Rom. 13. without which no man would be able to maintain his proprieties in goods and lands preserve his life
the confession of the party In case the party would not acknowledge the fault then in the mouth of two or three witnesses every word shall be established Deut. 19. 15. And is not the same rule given in the Gospel Mat. 18. 16 The want therefore of Urim and Thummim Oracle and extraordinary Prophets did not abolish the right use of the Magistrate for then after the Captivity the Jews had never had the right use of the Magistrate Now then if excellent Magistrates under the Law such as were Zorobabel and Nehemiah had no other advantages to Magistracy then we have under the Gospel their Arguments drawn from advantages which the Jews had above the Christians falls to the ground and nothing hinders but that we may have as good a Magistracy under the Gospel as they had under the Law and altogether as infallible too or rather I might have said as little fallible for that they were actually fallible is evident Neh. 7. 64 65. where we read that some of the Priests off-spring sought for the Register of their Genealogy but it could not be found What then The Tirshatha or Governour could not resolve it how it stood as formerly such things were done and therefore they were not to eat of the holy things till there stood up a Priest with Urim and Thummim which never came to pass And now I pray you where was their greater infallibility from this time to the coming of Christ which was the space of five hundred and thirty years then Magistrates have ever since had As for Ahab whom they urge to have erred I say that he erred not for want of advantages which others had but for want of an honest purpose of mind which hindered the right use of those advantages he being a man that had sold himself to do iniquity mean while he ceased not to be a Magistrate Another Argument they draw from the different dispensations of the Gospel from those of the Law These dispensations are now adayes more talked of then explained or understood and least of all in this present affair The dispensations are different say they and why Because forsooth under the Gospel transgressors are not to be proceeded against as under Moses by external force and power God in patience and long-suffering waiting on men Answ If transgressors are not to be proceeded against under the Gospel by external power how is it then said that the power beareth not the sword in vain and that it is the Minister of God to execute wrath on them that do evil Rom. 13. 4 By evil is understood all evil it being in materia necessaria according to that of Pro 20. 8. A King that sitteth on the throne of judgement scattereth away all evil If all then it is evil committed as well in spiritual as secular things And then for patience and long-suffering towards sinners expecting their repentance as God is the same God so has his patience and long-suffering been heretofore as much as now under the Gospel Was he not one hundred and twenty years before he brought the Floud upon the world of the ungodly And was he not grieved forty years with his people before he sware that they should not enter into his rest Psalm 95. and Heb. 3. Whereas now God expects a present embracing of grace offered 2 Cor. 6. 2. Now is the accepted time future repentance is not to be presumed upon But say they when any continues in disobedience to the Gospel his punishment is eternal in the world to come therefore as the Apostle saith 1 Cor. 4. 5. Judge nothing before the time until the Lord come who will bring to light hidden things of darkness and will make manifest the counsels of the hearts and then shall every man have praise of God Answ And so when any one continues in disobedience to the Law his punishment is eternal too But what is this place to a mans continuance in disobedience to the Gospel Is it not alledged by St. Paul himself a Preacher of the Gospel He would not be judged before the time for what for his not continuance in obedience to the Gospel Nothing less for he ever continued in obedience to it and ever preached it The Question was whether he were faithful in this his stewardship or no whereof they were not to be judges but God alone the searcher of the heart St. Paul himself knew nothing by himself yet was he not thereby justified The heart of man is deceitful above all things and if a man may be deceived in his own heart it were a rash thing to judge another mans and that before the time that the hidden things of darkness shall be brought to light and the secrets of all hearts shall be disclosed to the view of all men as now they are to God It is therefore rash and bottomless judgement that the Apostle here forbids not that which is passed upon good grounds and serious deliberation 2. It is saucy censure that is here forbidden to wit that they being private men should go about to censure their Apostle and Preacher when they were rather to be judged by him 3. It is impertinent judgement that is here forbidden in going about to judge the heart when man looketh on the outward appearance only and judgeth in matter of fact not in matter of thought and this is all the Magistrate himself pretends to wherein it is lawful for him to judge which is confirmed by the same Apostle 1 Cor. 2. 6. Are ye unworthy to judge the smallest matters and v. 4. he takes it for granted that they have judgement in things pertaining to this life But say they St. Paul 1 Tim. 1. 13. sayes that he was a blasphemer and a persecuter and if the mind of God had been that he should have suffered death in that condition how should he have had repentance given him and been such a glorious instrument in the Church as afterwards he was Answ That it was neither the mind of God nor the duty of the Magistrate to cut off St. Paul for blasphemy before his conversion as this was and in the time of ignorance when nor he nor the Magistrates under whom he lived knew it to be blasphemy to speak against Christ or Christians Hence it was that he said that he obtained mercy The Jews knew not Christ to be the Lord of glory for had they known it they would not have crucified him Wherefore St. Peter shews them that a door of mercy was yet opened unto them The same may be said of the Jews alledged by our Adversaries here The Jews were never yet converted to Christianity which may be the reason why they are not punished nor condemned for blasphemy against Christ But in that they say that the Jews are the greatest blasphemers of Christ that are on the earth this is true only implicitely for should they explicitly blaspheme they were worthy of punishment yea and were punished by the Imperial Laws as may
while the preachers easily snatching the people about by this common motion became the trumpeters of sedition till after the assasinate of their King they began to disagree as much about their new Governours as before they had done about their government These men in Munster or Amsterdam might have passed for Anabaptists and had they kept company with Knipperdoling John of Leyden Muntzer Stork or any of that Rabble they had proved so indeed and what they would have been here we all know the Devil working alike in them all though of different Religions And about this time it was that the calamities which have befallen this Kingdom were a brewing as you may read in the English Scottizing and Scots Genevating for Discipline set forth by Archbishop Bancroft which these Authours here falsly ascribe to the sending the Scottish Liturgy into Scotland Suppose that that had been the cause I deny it to have been a just one for let them tell me what warrant they have out of Scripture or Orthodox Writer of rebelling against their Sovereign under pretence of Religion be it true or false If so where is their subject of passive obedience they so much boast of And if nothing can be a good ground of rebelling against the King much less can it justify that which had no end but in the death of the King and slavery of the people whose liberty was pretended to be vindicated And thus far they have but declaimed which we having answered as you have heard let us examine their proofs or Logical part which all depends upon this one Syllogism Sect. 9. IF any Magistrate under heaven in the daies of the Gospel hath power to impose any thing in the worship and service of God it is given him as he is a Magistrate only or as a Christian so considered But that no such power is given by God to any Magistrate appears For answer to the first part hereof I say that he hath power as he is a Magistrate only and this power is given him of God in as much as Magistracy is an Ordinance of God All powers of the world whatsoever are from him even those of Tyrants themselves though permissively only Lawful powers are from him as ordained by him And as these are ordained by God so hath he given them power in the worship and service of God For 1. The very Heathens have given the first place to Religion as knowing by Natures instinct that without Religion no policy of a Commonwealth can be happily instituted or administred It is an axiom drawn out of the fourth book of Plate de rep that Religio est fundamentum reipublicae potissima pars publici Magistratus vere arx atque propugnaculum constituendae reipublicae without which all the parts of a Commonwealth like the strings of an instrument will be out of tune 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and therefore another axiom follows thereupon that non potest immutari status religionis sine maximarum legum immutatione propterea non est temere importanda in rempublicam nova religionis forma because it does dismember and disjoynt the Commonwealth St. Paul disputing daily at Athens touching Religion was brought unto Areopagus to be judged by that Court Act. 17. 19. as upon whom the business of Religion was principally incumbent Ezra received the power and jurisdiction from Artaxerxes speedily to execute judgement upon all contumacious persons in the business of Religion Ez. 7. 14. whether unto death or banishment or confiscation of goods or imprisonment Ez. 7. 25 26. So did Cyrus and Dariâ—s give permission to the Jews to reedify the Temple and to to sacrifice therein adding money to defray the charges 2 Ch. 29. 15 and 30. 12. Nebuchadnezzar Dan. 3. 29. commanded him to be hewed in pieces that should blaspheme the God of the Hebrews Secondly the Lawyers refer Religion to those things which belong to the Law of Nation s in as much as by the guidance of Nature we know that there is a God which is to be reverenced who knows not that to a Magistrate belongs not only the administration of positive Laws but of those also that belong to the Laws of Nature Thirdly if it be the duty of a father of a family to instruct his children in the true Religion and to reduce them from their deviations from it how much more doth it appertain to the Magistrate who is the father of his Countrey to take care of the religion of his subjects Fourthly This is requir'd of a Magistrate in Scripture Ps 2. Kisse the Son and serve the Lord in fear which consisteth not only in the adoration of the Son of God for that is common with him to every true Christian but also in the outward administration of his Kingdom This therefore was the injunction laid upon the Kings of Israel to be observed when God should bring them into the Land he promised them viz. when they sit upon the throne that they write them a copy of the Law in a book out of that which is before the Priests and Levites Deu. 17. 18. And at the inauguration of Joash the book of the Law of God was given into his hands 2 Ch 23. 18. And fifthly The examples of holy Princes do teach us that Magistrates have the care of Religion committed to them such were Moses Joshuah David Solomon Asa Jeboshaphat Josiah Ezekiah c. And albeit these men will what never any but persons sprung from Anabaptists did reject all examples and testimonies out of the Old Testament unless it be to serve their own turn as I have formerly shewed them to have done in the date of their Epistle the eighth day of the third moneth yet this I suppose they will hardly deny namely that a father under the Gospel hath and ought to have a care of his children in matters of Religion their own practice witnesses as much in that they instruct their children in their own principles and keep them from Baptism and Steeple-houses as they call the Churches which they hold to be unlawfull c. Now if these things are given to a father of a family whose power cannot reach as far as a Kings much more to a King or other Magistrate whose jurisdiction is of a larger extent and whereof a family is but an integral part And the same comparison holds between a Master and a Magistrate which is not only a father of his Countrey but a master too for in Rome he who was Dictatour and bare the power supream was called the Master of the people whence it is that Cicero calls Caesar Master and Livie witnesseth that the Dictatour was so added to the Consuls that he might be their Moderatour and Master If therefore it be lawfull for a Master of a family school or society to be defensive and offensive in Cause of Religion under the Gospel towards their children scholars and servants how much more is it given to a Magistrate towards
and liberty and consequently all civil society which not men only but even beasts birds fishes and in sects themselves seem to affect would fall to the ground Yet let the Magistrate do what he can and let him do but Justice the wicked will have a cohabitation among the Just and that for these reasons viz. because he is not omniscient and sees not all wickednesse 2. although he sees it yet he may not by testimonies be able to convince all men of their wicked deeds 3. because that though he may convince yet all wickednesse is not capital whereof persons may be convinced without which a man cannot be taken out of the world and this is the event of Gods providence If they say that he might have used natural means to obstruct so great an evil as sin is and to advance the happinesse of man I say then either the means must be made connatural to man or man to the means If the first this is done already in as much as moral and civil means are most connatural to man a free agent and animal politicum If the second its impossible to be done in as much as it were to make him an animate thing or at the least a Brute which work this without choice and that without proper appetition and consequently he must not have made him at all for it is well said of Lactantius de falsa sapientia which is of his works l. 3. c. 18. Who considering the devotion of Plato who gave thanks to Nature for three things 1. That he was born a man and not a beast 2. That he was a man rather then a woman a Grecian and not a Barbarian 3. That he was an Athenian and lived in the time of Socrates Then which saies he what can be said more like a Dotard as though if he had been a Barbarian a Woman or an Asse he had been the same Plato that he was and not that very thing which had been so born If they say that God then may use supernatural means by working transcendently above the wills of men without destroying their Nature or abridging their freedome Whereunto it is answered that as had God done the other he would have destroyed his providence touching the creation of man so should he do this he would destroy his providence preparatory to the last Judgement wherein every man shall receive according to that he hath done in the body whether good or evil But though this Exposition be pious and not to be rejected yet this Parable methinks more naturally admits of another which I shall lay before the Reader and which may import the duty of the Magistrate and Minister of Gods word as well as the event of Gods providence It is thus There are two sorts of evils which may grow up with the good seed of the Law of Nature implanted in man in his first creation or of the Gospel given for mans renovation The one sort may be compared to tares as here whereof there is a sort which the Greeks say to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as grows up of it self among the wheat in an over-moist and corrupt earth without any seed sown at all Such are those evils either in manners or opinion which though they seem to us that cannot see all things to grow of themselves yet they owe their beginning to the enemy the Devil who first corrupted endeavours daily more more to corrupt our Nature The other sort of evils are compared to thorns and briars Heb. 6. 8. whose end is to be burned such as are desperate and incorrigible sinners as may be clearly seen by the scope of the Apostle in that place The first sort are evils of infirmity for the most part which are entwisted with our Nature as tares are with corn and therefore cannot be cut down unlesse the good grain goes down with them all men even the best being subject unto them Should the Magistrate cut down all these he must cut himself down for company and should S. Paul have delivered men to Satan for these he must have given himself into his hands for though he knew nothing by himself yet was he not hereby justified Nevertheless he used a severity towards himself by keeping down his body and bringing it into subjection as a Magistrate may do towards his Subjects for reforming of lesser evils and preventing of greater nay S. Paul had the messenger of Satan a thorn in his flesh sent to him least he should be puffed up with the abundance of Revelations 2 Cor. 12. 7. The second sort are evils of presumption which like bryars and thorns are not necessarily entwisted with our Nature but yet growing up amongst the good grain will choak it and therefore calls for present cursing and lastly for burning least in the end of the world it being all become bryars and thorns there would remain no harvest to the great Husbandman to be brought into his barnes by his reapers and so this world destroys Gods providence preparatory to the last Judgement on the right hand as the forementioned supposition would destroy it on the left Sect. 13. THeir next Argument is taken from the fallibility of Magistrates which renders them they say uncapable of judging Answ It is true that no man is infallible if he were he were no man they needed not to have produced the authority of S. Peter to prove it And now brethren I wot that through ignorance ye did it as did also your Rulers The which place proves it but weakly neither in as much as there appeared much of malice in the condemnation of our Saviour in denying and delivering him to be crucified whom Pilate himself was determined to let go They did it ignorantly only in this respect namely that they knew him not to be the Lord of Glory S. Peter makes no mention of their malice though great least thereby they might have thought the door of mercy to have been shut against them and so they might have come to the same end as their ring-leader Judas did Here was a double defect which occasioned a wrong judegment one was of knowledge and a well informed understanding the other was of an honest purpose of mind neither of these does destroy the power of a Magistrate the Rulers remained Rulers still notwithstanding their ignorance or malice in this action Indeed Plato saies Beatas civitates fore si aut Philosophi regnarent aut reges philosopharentur 'T is true that happy is that City where Princes are qualified with gifts suitable to their high calling But if he want it as if Philosophy did give a right to anothers Kingdom or were necessarily required to the establishment of his own I say that then it was a saying becoming one that held a community of goods and wives whereby he would take from some that which was their own and give to others that which belonged to them Lact. l. 3. 20. This consideration therefore serves only
and that very well too as a motive to care and conscience in the exercise of power 2 Chr. 19. 7. Jehoshaphat speaking of this very matter gave to his Judges whom he constituted this charge Take heed and do it or take heed the doing of it Moses Exod. 3. 11. said to God Who am I that I should go to Pharaoh that I should bring forth the children of Israel out of Egypt yet God would have him go and do it Exo. 3. 10. 11. If then the fallibility of a Magistrate as being a man or the conscience of his own weaknesse as such a person was no argument in those daies against the power of the Magistrate or the exercise of it how much lesse is it now under the Gospel when the light is ordinarily greater then in those times theirs was Hereunto they will answer two things 1. That Magistrates under the Old Testament had advantages which ours have not Whereunto I shall reply anon in its due place 2. That there is no such need of Magistrates now for in those daies the times of the Gospel all shall know the Lord. Hereunto I answer that if all then the Magistrates especially who have a special promise for it as is evident from what has been alledged If arguments drawn from the Law of Moses prevail not with them what will they say to the Law of Nature Thus then I argue A Magistrates care ought to be about that whereupon principally depends the establishment of a Commonwealth and the suppression of opinions and men that would ruine it But upon Religion principally depends the establishment of a Commonwealth as is made good from the judgement of the very Heathen themselves as histories and what before has been shewed do witnesse therefore a Magistrate ought to have a principal care of Religion even by the Law of Nature This care of Religion consists generally in two things 1. in setting up of Religion it self without which can be expected no blessing from God upon nor obedience from the people to the Magistrate under the notion of Gods Vicegerent 2. In avoiding of differences in opinions for from diversities of opinions men usually fall into diversity of affection and interest which tends to the ruine of a Commonwealth 'T is true that as in a State provided that all the Citizens hold the same fundamental Maxims necessary to the undergoing of duties essential to its conservation the Magistrate may tolerate amongst them a difference in many other matters of lesse importance So it is in the Church as long as every man upholds those opinions which make for the honour of God and peace and unity of the Church in the communion whereof he lives lesser things may be born with But shall every man be his own Judge herein No for there 's a threefold judgement a judgement of discretion a judgement of direction and a judgement of jurisdiction Every Christian has a judgement of discretion prove all things hold fast that which is good 1 Thes 5. 21. by applying the rule of the holy Scripture to his own private consolation and edification The Pastours of the Church who are the watchmen placed over the Israel h. e. the Church and House of God have a judgement of direction to expound the holy Scriptures to others The chief Pastours to whose care the regiment of the Church is committed in a more special manner have not this only but a higher degree of judgement which is of jurisdiction to enjoyn to reform to censure to condemn to bind to loose judicially and authoritatively in their respective charges If their key shall err whether it be that of knowledge or jurisdiction they are accountable to their respective Superiours from thence to a National and last of of all to a general council And that such councils be called such persons be settled such charges be by the said persons daily executed is the Magistrates duty to see to and his prerogative to command or allow But oh what mistakes say they by Magistrates are continued in Holland about Religion c Ans If such mistakes are continued in Magistrates how would these be multiplied if every one of the people were left to himself Surely for one that is now there would be ten thousand in that case And whereas they urge Popes Councils Oecumenical and National that they have erred It is answered that when we yield obedience to the Pope or be concluded by the Councils and Synods which they alledge they will be found to say something to the purpose But since they cannot prove these things they might have spared as great a many of lines as I mean to spare in their confutation yet the 21. Article of our Church yields more then they have proved viz. That General Councils may not be gathered together without the commandment and will of Princes And when they be gathered together for as much as they be an assembly of men whereof all be not governed with the Spirit and word of God they may erre and sometimes have erred even in things pertaining unto God wherefore things ordained by them as necessary unto salvation have neither strength nor authority unless it may be declared that they be taken out of the holy Scripture Now what use will our adversaries here make of this our gratification Even this viz. What security then can a Magistrate have that he does well Answ As much security as a Judge that condemns a Prisoner at the Bar in as much as the Notitia Juris is clear The probation of the fact depends upon witnesses whereupon if a guiltlesse person be condemned the Judge has done his duty by ordering the formality of the tryal and so has delivered his own soul Sect. 14. NExt they argue from the Royal Law of Liberty viz. Whatsoever ye would that men should do unto you even so do ye unto them for this is the Law and the Prophets And those that are forward to persecute would not be very zealous in their proceedings if they were sure that those they persecute should have the power on their sides to meet the same measure unto them Answ That when a man is punished for the committing of any thing unlawful to be done or omitting that which is unlawful to be left undone this only is a persecution in Scripture sense But when a man is condemned for omitting that which ought or committing that which ought not to be done such are things which are either absolutely evil or good in themselves or being indifferent are made so by the intervention of humane authority this is no persecution but justice And whosoever shall do such justice upon any man and be willing that the prisoner should do so to him the prisoner would either do it according to the Law as his Rule and would proceed to sentence secundum allegata probata as to matter of fact and so he would do well for in reason from whence a well ordered will has its denomination