not onely to the power of Godliness but to common Honesty and Morality 2. If it had been Political Wisdom or Justice to annex such Penalties to Ecclesiastical Laws of any kind sure Christ in whom are all the Treasures of Wisdom would not have been wanting in annexing Penalties of that kind to his own Laws of the greatest and weightiest concern to his Church 3. We judge of the greatness and weighty concern of any Law usually by the greatness of the Penalty annexed in case of transgression and therefore herein we may apprehend that the Churches own Laws challengeth a preheminency before the Laws of Christ's own composure and would this King of kings make onely Laws of lesser concern and substitute others to make the greater this is absurd to believe 4. It is a great piece of pride in Mother-Church to advance her self so far above the Civil State that the Magistrate should become the Executioner of her Laws for the Law-maker hath always a great priority and dignity above the Executioner If it be replied That the Church onely craves the Magistrates assistance to compleat her Ecclesiastical censures and make them stick closer on upon the backs of Offenders Answ Herein the Church bewrays her own weakness in that she confesseth she is not a compleat Polity neither hath power enough to reform her self or effectually enough to execute her own Laws without being beholding to an Exotick power As if a Master of a Family had not power enough to execute Domestick Laws in correcting a Child or Servant without asking his neighbours leave and calling for his assistance But in case the Church saith as indeed she doth that she goeth to the civil Magistrate by way of Appeal and the said Magistrate hath power at his pleasure to supersede her proceedings This is to set the State above the Church in Ecclesiasticks whereas the civil State is Subordinate to the Ecclesiastick ecclesiastically and the Ecclesiastical to the Civil civilly and both in respect of the exercise of Jurisdiction in each particular Orb parallel or co-ordinate § 9. Lastly such Penalties that cannot answer the natural end and designe of Church-censures may not be annexed or used by the Church but such a Penalty answers not c. The Major is undoubted the Minor thus appears 1. Because the Sword of the Magistrate reacheth but the outward man whereas the end of Church-censures is to reach the Conscience 2. The natural use of Church-censures is the exercise of them in foro Ecclesiae but the Coercive power of the Magistrate may not be exercised in foro Ecclesiae upon any allowable pretence whatsoever CHAP. XVII Of the Limits of Magistratical Power in matters of Religion § 1. THe third Enquiry propounded is concerning the true bounds and limits of the Magistrates power in matters of Religion a great and difficult Question but of very great concern to us that it be rightly resolved I do not expect to be so happy as to give others full satisfaction in it I being not able to do it to my self so far as I would I shall onely go as far as I can and is convenient for this undertaking with all possible brevity and demonstration We spake before in the two former Questions concerning the Magistrates power in matters of Indifferency both Legislative and Executive on the behalf of the Church This Question is of larger extent concerning his whole power in matters of Religion and enquire how far he may and ought to go and how far he may not go i. e. he cannot go without Usurpation § 2. Matters of Religion is a large word and it comprehends not onely Religion it self but all circumstances and attendances thereof which are Indifferencies in themselves neither moraly good or evil but in regard of their tendency and respect they are so Concerning the Magistrates Legislative power in these things we have spoken somewhat already I shall speak no more here of the nature of Religion than to make way for my present Undertaking Religion is usually understood to comprehend all moral Duties and all instituted Worship to which if we adde the aforesaid attending circumstances we use a larger way of expression and call them matters of Religion § 3. The Moral Law is a general standing Rule to all sorts of Actions Persons and Societies of the children of men whereby God himself hath challenged the first right of dominion as of particular men so of all necessary Fabricks of Rule and Government in the world So that all Actions Persons and Societies duely measured and squared thereby are rightly called Religious and the contrary Irreligious Hence particular Domestick Ecclesiastick and Civil Jurisdictions in a Christian Commonwealth are in proper sence called all of them Religious § 4. Religion taken in a stricter and more limited sence is understood of a holy life and conversation of particular Persons and Societies not onely according to the general Rules of moral Obedience but according to the more particular and special appointments and Gospel-institutions of our Lord Jesus Christ whereby he separates unto himself the most choice and peculiar Societies in the world under his proper and more immediate Rule and Government which are called his Church § 5. Therefore 1. The civil Christian Magistrate hath no power in the strict sence in matters of Religion quatenus Magistrate no more than a Heathen hath for though the embracing the Christian Religion doth much capacitate the civil Magistrate as to his inclinations and endeavours for the improvement of his Magistratical power toward the advantage of Religion yet it adds no new power or jurisdiction to him over Churches Families Christians or others for a Heathen Magistrate is as much in his place the supream Head and Governmnour of the Church considered in a civil capacity under his Government as the most Faith-defending Christian or Catholick Prince in the world Neither by his embracing Christianity doth he attain any augmentation of his Magistratical Power Headship or Supremacy A Christian is no more bound as a Subject by the Rules of the Gospel to a Christian Magistrate than to a Heathen or Heretical Magistrate The Rules are indefinite to a Magistrate as such though a Christian Subject will be the better man and Subject and a Christian Magistrate the better man and Magistrate Christianity making every one the better man and better qualified for the performance of the relative Duty of his place that he is set in § 6. Secondly No civil Magistrate can be an Ecclesiastical Head and Governour of the Church as such It 's Christ's Prerogative to be the Supream and to constitute what other Heads and Governours he in his wisdom thinks best But I finde not that he ever made any Magistrate a constitutive Ecclesiastical Head or Governour to his Church virtute Officii for if so in every Christian Dominion the Prince should be the Metropolitan and the true Pastor to that National Church § 7. Thirdly No civil Magistrate can by virtue of
all actions becoming a Christian Commonwealth then so far the Christian Magistrate hath power more or less so far as may conduce to the due maintaining of the being or well-being of a Christian State and therefore is to be conservator unriusque Tabulae he hath the conservation of the second Table committed to his care that it may be a civil State of the first that it may be a Christian State And therefore as a Family is to preserve the honour and justice of the Moral Law by an Oeconomick Sanction and the Church by an Ecclesiastick so the civil State by Civil Sanction each according to their just derived Laws whereby they are respectively to govern and distinctly to administer § 19. The great Question here is How far the Magistrates power extends in the making and execution of Penal Statutes We have shewed that the Lord Jesus hath not reserved to himself so neer a propriety in the government of civil States as of his Church having taken it as his peculiar Prerogative to give Laws unto his Church and presides there as the only Legislator But unto States he hath onely given them the Magna Charta of the Moral Law and hath allowed unto them a Legislative power in all matters concerning the various Exigences and divers Requisites with attending Circumstances in the due management of State-jurisdiction so as the said Laws are promoting of the common Peace and Justice of their Dominions and deducible from and founded on the said Rules of Distributive and Commutative Justice § 20. The Laws of men that are just and reasonable may take place in all things conducing to the being and well-being of a Christian Commonwealth both as to the matters of the first and second Table so far as is necessary to the managing of it under the due qualifications of a civil State and therefore may not onely punish crimes committed against the second Table but such as are against the first also And there are these especially that they are concerned in 1. Blaspheming of the true God under which is comprehended common profane swearing transgression especially of the third Command 2. Worshipping of false Gods a sin against the first Commandment 3. Idolatry or the worshipping of God by Images a sin against the second Commandment 4. Prophanation of such times as is by God appropriated to himself for publick Worship a sin against the fourth So that these are palpable as to matter of fact clear as to the nature of the offence and of dangerous consequences tending to the eminent ruine and apparent danger of a civil State § 21. In the concernments of the second Table God hath left the civil Magistrate more Arbitrary in making or executing civil Laws as the necessity of the State doth require laying the general Rules of Moral Justice and the particular and relative benefit of the Commonwealth and Subject before his eyes Now in the matters of the first Table being the moral Rule of duty towards God he onely requires the Magistrate to punish and restrain those Vices in this kind that are notorious infectious and pestilent to a Christian Commonwealth in matters of natural Worship reserving instituted Worship built fundamentally on the same precepts to another manner of dispensation wherein the civil Magistrate is not to intermeddle as such neither as to Legislation nor Execution of Penalties nor deligation of Officers § 22. As Murthers Rapines Adulteries Perjuries c. are destructive to Properties Communities and Relations and so to all civility in a State where such Vices predominate and are not generally suppressed by Justice it cannot be denominated a civil State but rather a Pagan Salvage nation So where false Gods are multiplied and worshipped the true God is blasphemed openly and notoriously and all times for publick Worship of him by his own appointment prophaned publickly and generally And such Vices not suppressed by Magistrates such a State cannot be called a Christian civil State but Heathenish whatever moral Justice there is between man and man § 23. Though all sins be alike breaches of Gods Law yet none but those of a more gross external and exemplary nature fall under the cognizance of mans Justice The Blasphemy Profaneness and Concupiscence of the heart are not punishable by man it must come to the Magistrate per allegata probata that such an one blasphemed God worshipped an Idol prophaned the Name of God by swearing c. and that openly either in contempt of that God that is worshipped or that Worship set up or in order to the delusion and seduction of others for it would seem very hard to break into the private houses or appartments of Idolaters that may dwell in the land and proceed judicially against them for that Religion which they are peacibly retired to without any endeavour to publish or prvpagate to the disturbance of the publick or infection of others But no Magistrate ought to suffer that God to be openly blasphemed which he worships If Heathens in a false Worship are zealous upon this account how much more ought Christians Though no Magistrate can enforce any Subject to worship his God or ought to do it by a Penal Law as hath been said yet he may punish him for blaspheming him or for seducing any from the Worship of the true God yea for Apostatizing from the Worship of the true God after he hath owned it Precepts and Persidents in the Old Testament are pregnant to these purposes which I need not enlarge on those that read the Scriptures are acquainted with them But we finde no Precept nor Example for endeavouring to reduce a poor Heathen from bare Idolatry to the Worship of the true God by pecuniary Mulcts and corporal Punishments and I am sure Christ never practised it nor commanded it in the New Testament § 24. The great difficulty that yet attends this case allowing the Magistrate a power as such in some matters concerning our duty directly to Godward what are adaequate and proportionate Penalties in such cases as these for the Magistrates power is always insignificant whatever the Law is if there be not a Penalty annexed to it and vigour in the just execution thereof Now the Enquiry is Of what kind and degree of punishments of such Transgressions ought to be Answ I apprehend it is a hard thing to determine to all mens satisfaction I know some have recourse to the proceedings of the Judicial Law which was but the reduction of the Moral Law into Civil Practice for the State of the Jews and look upon them as binding to Christian Magistrates But I suppose the Judicial Laws to be rather presidential onely that Christian Magistrates may take a measure thereby for the degree of Penalty setting aside their different Emergencies of State and extraordinary cases when God would make one sinner in a case exemplary to all ages by his Prerogative and special Command as in Achans theft and the prophanation of the Sabbath by picking up of
Legislative Power Chap. 5. Concerning the nature of Conscience Chap. 6. Concerning the dominion of Conscience Chap. 7. Of the strong and weak Christian Chap. 8. Of Scandals and their natures Chap. 9. Of Necessities and Indifferencies Chap. 10. Certain Propositions concerning Necessities and Indifferencies Chap. 11. Of Christian Liberty Chap. 12. The first Question handled about things indifferent Chap. 13. Of the Power of the Church in things indifferent Chap. 14. A Digression concerning Subordination of Pastors in the Church Chap. 15. Of Magistrates power in matters of Religion Chap. 16. Of the use of the Magistrates Sword in the execution of Ecclesiastical Justice Chap. 17. Of the limits of the Magistratical power in matters of Religion Chap. 18. Of a Christians duty in case of humane Laws in matters religiously indifferent Chap. 19. Of Humane Constitutions in the Worship of God besides the Word Chap. 20. Of the united Power Legislative of Church and State Chap. 21. Of Decency and Order Chap. 22. Of Imposition of Ceremonies Chap. 23. Of Obligation to a Form of Prayer ERRATA PAge 12. line 3. for when he by his Law read when man by his Law P. 13. l 3. for immediately r. mediately Ibid. l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 31. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 24. l. 9. for obedience r. such obedience Ibid. l. 26. for Masters r. Master P. 25. l. 37. dele The in the most certainly P. 35. l. 13. dele They. P. 36. l. 4. for our r. your P. 44. l. for just and equal r. justly charged P. 45. l. 3. dele thereof P. 48. l. 20. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 53. l. 27. for duty r. guilt Ibid. l. 12. for in religious service r. religious service P. 85. l. 24. for c. r. and. Ibid. l. 39. for Co-ordination r. Subordination P. 88. l. 35. for Nation r. Nations P. 93. l. 8. for by Assemblies r. assembled P. 100. l. 21. r. unlawful in the Worship of God P. 112. l. 33 dele therefore that P. 114. l. 16. r. and sound in his principles P. 125. l. 19. r. of what hath been said is Ibid. l. ult for consequentially r. consequential P. 128. l. 11. for thught r. taught P. 140. l. 2. for and Christ hath r. and hath Christ P. 152. l. 17. for prophane use of them r. prophane manner CHAP. I. Of the Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto § 1. THat there is such a thing as Christian Liberty none pretending to a true information in the Doctrine of the Gospel of Christ I suppose will deny neither need I make it my present task for to prove But the great Contest for many Ages hath been about the true Nature and Extent of this Liberty Some stretching the bounds thereof larger than Christ ever did intrenching on Civil and Moral Laws opening thereby a gap to Licentiousness and the violation of the bonds of Humane Societies in Magistratical Rule and Government Others curtalizing and abridging the said Liberty not allowing it those lawful extents allotted thereto by Christ audaciously depriving his poor Members of many Gospel-Priviledges and Advantages granted them by Charter from the Supreme King and Lawgiver Civil and Antichristian Powers still making it their business to spy out this Liberty and their great designe to bring them into Bondage § 2. Calvin observes Duplex esse Regimen in Homine alterum Spirituale quo Conscientia ad pietatem cultum divinum instituitur alterum Politicum quo ad Humanitatis Civilitatis officia quae inter homines servanda sunt homo eruditur Jurisdictio Spiritualis Temporalis i. e. There is in Man a twofold Government the one Spiritual whereby the Conscience is instructed unto Piety and the Worship of God The other Political whereby a man is taught the Duties of Humanity and Civility which are to be observed between man and man a spiritual Jurisdiction and a temporal Which Observation hath Moral foundation and an Evangelical ratification the whole of a Christian being comprehended under these two Heads of Duty charged upon us by the Old and New Testament towards God and towards our Neighbour On the first of which Christ hath by his peculiar Legislative Power over his Church established the whole Oeconomy thereof On the latter he hath chiefly raised the edifices of Civil States and Humane Societies where he hath allowed a latitude of Legislative Power unto the Sons of men as unto his Delegates and Substitutes in earthly Rule and Government Unto both of these Jurisdictions he hath laid on man a firm Obligation by planting his Moral Light in Conscience so that he cannot start from either of these Duties without starting from himself as our first Parents did in their Transgression and all others in putting forth the poyson of that original blot in actual sins of Omission or Commission all which are but irregularities or nonconformities to this Moral obligation laid on Conscience either manifestly so or easily reducible thereunto For whatever is a trespass against the revealed Will of God for Duty in Moral Obedience or instituted Worship is a sin not but that Instituted Worship is fundamentally Moral Obedience but is therefore in some sense distinguished from it the serving of God according to his own appointment being the principal part of the Moral Law because God hath according to the several states of his Church altered the mode and manner of his Worship as he hath thought it best in his Wisdom and as hath bin most suitable to the several ages and states of his Church which alterable or altered Circumstances being the product of Christ's Prerogative alone are called his Instituted Worship § 3. Hence both these Jurisdictions are Primarily and Morally subjected to the King of Kings he orders disposeth of and rules in the Kingdoms of men as well as in his Church and hearts of men yea by ruling Heart and Conscience as well as by disposing Providence he rules Civil States and subordinate Societies but the manifest difference is here that God's political Rule in the Kingdoms of the Earth and humane States is more remote and mediate but that of Church and Conscience being Spiritual is more proximate and immediate He only gives general Laws to Civil Societies and leaves a limited Legislative Power as to particular collateral and incident cases to humane Governours substituted providentially by him To these he leaves the immediate administration of Rule and Government as to an Executive Power altogether and as to a Legislative Power in a great measure but hath reserved the immediate administration of Rule in his Spiritual Dominions to himself alone as to Legislation in his Church and both Legislation and Execution as to Conscience § 4. These two Modes or Degrees of Administration must not be confounded together Man must have no greater share in Rule and Government than
considered according to its internal and its external acting It s internal acting is its believing assenting concurring judging between fact and fact or disbelieving dissenting condemning c. and these are those that are Actus eliciti and they are not without doubt under any humane Law or Power in the world either to force them where they are not or to obstruct them where they are As men may not presume to do it by any external compulsion so there is an impossibility in the nature of the thing that it can never be accomplished 'T is onely God's Prerogative to charge us to believe under a penalty and the light of Truth carries demonstration with it to challenge our assent and call forth our understanding to a free acting unless we be inveloped in the darkness of corrupt nature or captivated in slavery to any Lusts Neither is it in the power of man to remove this vail it 's God onely by the light of Truth working by its prevailing evidence and the mighty operation of the divine Spirit which way it pleaseth that can effect this Hence he that makes a penal Law that this or that thing is a truth and to be believed by me to be assented and consented unto and doth endeavour to compel me to such a belief and assent by the threats and punishments of this Law doth usurp a power that was never given unto him by God neither was ever practicable to effect the end pretended to § 4. Secondly There are external acts Actus imperati of Conscience as professing subscribing declaring doing but these are not properly acts of Conscience but from Conscience as they ought to be under the Rule and Dominion and direction of Conscience and will come to be duely considered in this place whether any man may be thus compelled by any subordinate Power and doubtless there is none that can compel a man to act from Conscience no more than he can compel him to understand or will what he pleaseth for though the acts are external and may be compelled de facto and in some cases de jure the principle of good or evil actions viz. from Conscience cannot be compelled the relation it hath to Conscience is internal as if a man be brought and forc'd upon his Knees before an Idol c. it is no formal act of Conscience for that still resists and opposeth the action though it 's improperly called a forcing of Conscience when a man is thus forced to an action against his Conscience Indeed he is forcibly induced through fear or sense of some evil to do or omit something against his light and conviction and the choice is also free he being attended with such circumstances yet it is said to be compelled because the argument of a Penalty to be incurred upon refusal is very strong to reach flesh to prevent the suffering of which the Will is carried away to chuse that as a comparative good which the enlightned Understanding allows not as lawful nor the Will as absolutely good and this is that compulsion of Conscience which is most usually found in the world And here it will be enquired whether any Subordinate power can lawfully compel us to such imperate acts Ans 1. I say men may make and execute de jure such a Law as many cannot in conscience submit unto by way of active obedience so that it be really such as the great Law-giver hath allowed them to make and it be agreeable to the rules and limits of power committed to their charge and the reason of refusal be the weakness and ignorance or prejudice of the Subject or else no Laws could be made or executed in the world for one or other that should obey would be pretending Conscience against it and here the Subject is to submit either actively if after sufficient illumination he findes the goodness and justness of the Law-giver If he doth not he is to refuse to act if he is perswaded it 's utterly unlawful but if it be doubtfully so he is to suspend his acts till he is better informed and patiently submit to the Magistrates will and pleasure in the Penalty-execution but if any Power endeavour to enforce obedience that no Power enacting may lawfully do and require us and force us with penalties it 's questionless very great Usurpation We must also consider the matter about which this compulsion may be conceived to be No Magistrate may compel to any thing against Conscience quatenus such Scil. under the formality and notion of being against Conscience that were the greatest Tyranny in the world Or we may understand it of compelling under the notion of Truth and so a Faith must be enforced which no man is capable of accomplishing this way Or Thirdly under the notion of Duty not respecting how the Consciences of persons stand affected in relation to it on whom it is urged And thus the Magistrate may compel to the doing of good or avoiding of evil by penal Edicts though accidentally it may be against the Consciences of some on whom it is imposed for the Magistrate being not a competent Judge of mens Consciences he cannot make other mens Consciences the rule of his Laws and Executions but the will of the Lord whose Ministers he is and the good of the Commonweal that is committed to his trust The Magistrate is not to command or forbid any thing under the formality of being with or against Conscience but he supposing that the Consciences of his Subjects are convinced being sufficiently pre-informed may command any thing to be done or forborn according to that latitude of Rule and Government which he hath received from the Lord whose Minister he is for the right knowledge whereof he ought sincerely and impartially to consult the Word of God and his own Conscience and so to take the measures of his own Duty and Actions Neither is his Conscience the Standard to his Subjects for every one must give an account of himself to God the Magistrate for himself as a Magistrate and the Subject for himself as such and therefore the Conscience of the Magistrate doth not binde the Subject to active obedience though his relation to him as such bindes him to Subjection which is abundantly shewed in his quiet and peaceable submitting himself to the Law-penalty if he cannot satisfie himself that the Magistrate acts in his place according to the revealed Minde and Will of God in such cases provided which cases also are always to be of a civil and politick nature for here he hath power compulsory of the outward man mandatory or prohibitory though the Conscience of the Subject is or may be pretended to be against it § 5. And now that all cause of exception may be removed on all hands it will be requisite more explicitely to shew how far a Christians Conscience hath to do with humane Authority and we grant that humane Authority in civil and politick affairs is an Ordinance of God 2. That
permittente on the commanding part his Will will carry it Sic volo Sic jubeo c. and the Subject is liable to errour on his part in Rashness Stubbornness Wilfulness Singularity c. But if both parties do notwithstanding all Imperfections and Frailties attending endeavour to approve themselves to the King of Kings there is a determination which to each party must satisfactorily binde and is thus manifest 1. Both are bound to the supream Law-giver the one to make just and equal Laws and righteously to distribute them the other to a free deliberate active obedience thereunto both or either of which failing in their duty shall be judged by the supream Law-giver according to the respective Laws whereby they are bound to the said duties 2. So long as darkness and corruption attends the mindes of men there will be different apprehensions concerning the Duties and Practices they are to walk in according to the degrees of Light received there will never be a perfect agreement neither is any one mans Conscience a Standard to another to walk by no further than there is a concurrent emanation of convincing light from the truth to both the Conscience of the Magistrate as such is no binding rule to the Subject neither ought the Conscience of the Subject to be swallowed up in the Magistrates and thereby seduced to an implicite Faith Every man is to see with his own Eyes to believe with his own Faith and act to the satisfaction of his own Conscience using all means for the right information of his own Minde and Understanding in the Will of God for his walking Whatever men say of a Publick Conscience and that commands of Superiours are enough to indemnifie Inferiours in all active Obedience thereto though the Laws be evil The Word of God knows no such thing neither will any man that is acquainted with conscientious walking in the approvement of himself to God in all his ways and actions ever give credence to any of those wilde assertions neither did I ever see any probable Argument produced to enforce those Sentiments on the mindes of rational men much less on such as have their Senses exercised in the knowledge of Truth 4. Hence it will follow that the present Conscience or practical Understanding impartially fixed must be the onely Expositor of Law and Duty by which every one is bound to walk in his respective place that God hath set him in whether Magistrate or Subject whether a man be in a publick or private capacity he is to be accountable to God for all his absolute and relative duties he shall not be judged for either of them by another mans Conscience The Spirit of a man is the Candle of the Lord c. to this determination must the Law-giver stand as to the righteousness or unrighteousness of his Law and the Subject as to his active or passive obedience And here we speak not by what measures Children in nonage and Fools are from infirmity of nature necessitated to walk but of such as have the due use of reason and understanding neither can it be helped if some men will surrender themselves and Consciences from slothfulness interest or flattery to be slaves to men they shall sufficiently smart for it here and severely answer for it hereafter But if any plead that men of Reason Vnderstanding Judgement and Conscience ought to quit and abandon all light and dominion of their own Consciences being inferiours and be at the disposition wholly of their Superiours this we say can have no ground in Nature Politicks or Beligion It 's just as if all Subjects were bound to pluck out their Eyes and see onely by their Governour 's A Childe is to obey his Parent but it is in the Lord he is not bound to obey him in unlawful things and so a Servant his Master If such obey their Superiours in such things as the Law of God makes unlawful in so doing they must needs disobey God Now it 's most absurd to think that Gods Law should require it 's own violation if this Command Children obey your Parents be taken without limitation and the Parent commands the Childe to commit Idolatry or to steal and the Childe by that Precept is bound to active Obedience then God's Law here overthrows it self for by yielding obedience to one Precept another is necessarily broken We have Joseph's practice and Scriptural commands to justifie us in this Assertion § 10. Moreover if Conscience is to determine after the best information that we can have between God and us as to our present practice much more it 's to determine in case of difference between subordinate Law-givers and us Though there is a difference in the determination i. e. supposing it be God's Law his authority to make such a Law is not to be disputed by the Creature but the question or case of Conscience is usually of the meaning and extent of his Law as to variety of practices referrable thereunto Whereas mans Law may be disputed whether he may de jure by vertue of his Commission from God make and enjoyn such a Law yet the Argument holds good that in case of doubt about Practice and Dispute between God and us if he requires us to be regulated by the verdict of Conscience enlightned from the Word then much more in such cases of dispute betwixt Man and us and although we may sin in obeying the dictates of an erring Conscience guided by the Word of God misunderstood yet that sin after our impartial endeavours for information appearing to us to be a Duty though it ceaseth not therefore to be a sin in its own nature it would be a greater sin in us to disobey the Dictate of the present supposedly enlightned Conscience because it must be ranked amongst the sins against Light and Conscience whereas now the Act is but a sin of ignorance at worst Again God will at the last day judge according to the Verdict of Conscience rightly informed If our Conscience condemn us God is greater c. 1 Joh. Rom. 2. but if our present Conscience be erring either as to the meaning or nature of the Law or Fact and brings in an impartial Verdict according as it hath found upon its best information and enquiry but not true as after it appears according to Law or Fact its duty is to pass again and again upon the same inquisition till it speaks as it shall speak before Gods Tribunal So the last Verdict called present Conscience stands binding to us till by further light in the Law or Evidence concerning the Fact another be brought more agreeable to Law and Justice And if upon frequent and impartial search the same return be still made after earnest and sincere seeking of God to discover our errours it is a great confirmation unto us that it's truth that hath been spoken and that we should greatly sin against God to swerve from it what ever the Edicts and Precepts of men say
are as liable to the Judicial proceedings of Magistrates as any others be but in these Evangelical parts of Worship annexed by Christ in substance or ceremony which distinguisheth the Oeconomy of the Church from that of the Commonweal here the Magistrate cannot execute by himself or depute another to administer the Executive part of Christ's Laws The reason is because all such Laws changing Indifferencies into Necessities in the Worship of God are of a Spiritual nature and Ecclesiastical and therefore must be executed spiritually in foro conscientiae or Ecclesiastically in foro Ecclesiae but he cannot do either of these for the first he cannot because Christ hath absolutely reserved Conscience to himself nor the latter because Execution in the Church is peculiar to the Officers of Christ as his Deputies and Officers of his own appointment § 6. Arg. 4. They that are not to make Laws for the terrour of them that do well are not to make such Laws as change Evangelical Indifferencies into Necessities at Ergo. The Minor is undeniable The Major appears thus to be true because to make such Laws is to terrifie Christians in the use not onely of their lawful liberty but also to shake them from their standing in that liberty that Christ hath purchased and commanded them to stand fast in besides the abridging them the free use of Christian discretion which is good from which they should not be terrified § 7. Arg. 5. The Magistrate cannot take away the Rights and Priviledges granted to the Church by Jesus Christ which he purchased for it c. by last Will and Testament bestowed and is his peoples right of Inheritance But the liberty of the use of the judgment of Discretion in matters of Indifferency is a great and valuable priviledge so granted and bestowed on his Church and People Now the Magistrate should be so far from bereaving the Church of these that 1. He is to maintain and defend the Church in the free use of its Liberties and to be as a Nursing Father to her therein 2. The Magistrate should be ready to punish the bereaving of the Church of her just Rights as Sacriledge which is robbing a Church a Sacred Body politick under the Civil Magistrates jurisdiction The Magistrate should be far from doing that action which he is to punish in another as Sacriledge and if a Christian's Liberty be a Sacred thing the taking of it away is Sacriledge That it is Sacred I prove thus That which is of sacred use and peculiarly related to the Worship of God and to the Members and Church of Christ as their Priviledge allotted to them by Christ's special procurement and appointment is Sacred and the taking it away is no better than Sacriledge As for other lawful Liberties common to them with others in Morals and Civils others may use them that are not related to the Gospel but a Christian Liberty is in things pertaining unto Christ and his ways of Worship and Service § 8. Arg. 6. He that can make those things necessary to the Worship of Christ which Christ hath onely made indifferent can make the Kingdom of Christ to consist in those things that he never did the Kingdom of God stands not in meats c. and the Kingdom of God stands in that which is necessary to it and if the Magistrate will make things necessary which Christ never did he goes about to make the Kingdom of God stand in that which Christ never did And this is a great usurpation of a power not belonging unto him for Christ never empowered the Magistrate to determine what his Kingdom should consist in and make it to consist in that which he never did § 9. Arg. 7. A Magistrate is not capable of exercising such a Coercive power as will make me believe in my conscience that to be necessary for the Worship of Christ which I am convinced that he hath left indifferent onely that Law for the Worship of Christ that lays no obligation on Conscience is of no concern therein Now Christ having bound Conscience by his Law as far as is necessary there is no room left for Man to come in with his Laws Whatever is Evangelically necessary to the Conscience of a Christian is so because he is convinced it is the Will of Christ that it should be necessary Now can the mere Coercive power of any one on Earth make a man believe that is not necessary which Christ hath made Conscience to submit to as necessary If so then may the same authority make a man believe that to be necessary which Christ hath made us believe not to be necessary but onely indifferent for as no Law of man can absolve a Christian from the conscientious observation of any one Law of Christ so no Law of Man can binde a Christian in Conscience to the practice of that in religious matters which Christ never bound him to but he will be still perswaded that Christ hath left it to him as an indifferency and it 's his duty to walk in it by discretion and that must be a Churches or Christian's own as the matter requires relating to a Community or private Person Obj. But the Magistrates Judgment can best determine of Expediency being greatest and wisest Ans In matters of that nature men may advise and the greater and wiser men are its likely the more forcible Arguments they may produce but there is no force to be in the case men are not to be forced by a Law to do that which is most expedient in the Worship of God For 1. the Magistrate may be mistaken and that which is expedient to him may not be to another 2. That which is expedient one time may not be another therefore in the doing Expediencies we are not to be determined to act always one way by a Law Object But the Magistrate may punish for not practising Answ None is to be punished for not practising what they believe unlawful CHAP. XVI Of the Vse of the Magistrates Sword in the Execution of Ecclestastical Justice § 1. THe Second Enquiry propounded about the Magistrates power is this Whether in the Execution of Ecclesiastical Justice the Sword of the Civil Magistrate may or ought to be used i. e. Whether for the punishing and reforming Offendors against Church-Laws the Magistrate may inflict such penalties on the outward Man as he and the Church shall agree upon as Pecuniary Mulcts Scourgings Imprisonments Confiscations yea death it self in some cases as in matters of Heresie and Seduction And to prevent mistakes we shall premise these things 1. That Church-Members offending Civil Laws may and ought to suffer the penalties thereof from the hands of Magistrates as such as stand subjected to them in a civil capacity equal with other Subjects 2. That a Church-Member as of the Church of England or any other may justly suffer for the same Offence from the Church and Civil Magistrate as for Drunkenness Swearing Fornication c. Moral
cognizance of the civil Magistrate by his Laws and in his State are deservedly punished so As if a Church-member be drunk the Magistrate may take him up in the street and set him by the heels but if the Pastor of the Church see him so he hath no such power as to punish his outward man but to administer Admonition or Excommunication as the matter requires till the person offending is brought to true godly Remorse and Reformation but the Church hath nothing to do to imprison him put him in the Stocks c. or deliver him to the Magistrate by their Sentence so to be dealt with § 6. Arg. 3. If the Church can and ought to use the Sword of the Magistrate it 's surely to correct for the most gross and criminal Transgressions as for Drunkenness Swearing Lying-Theft Fornication c. for all just Laws inflict the most Exemplary Punishments on the most hainous and scandalous Offenders But it 's most evident the Church cannot use the Sword of the Magistrate in case of the most criminal and hainous Transgression because 1. Christ nowhere empowers a Church or so much as allows it as such to fine imprison hang c. for offences deserving the same at the hands of the civil Magistrate 2. He nowhere requires the Churches to become Informers unto civil Magistrates it belongs to the Magistrate to look after the observation of his own Laws the Church is not to be his Constable to seize Offenders for him neither is the State to be the Churches Hangman to execute for her each State is to look after the execution of their own Laws in their own way and manuer 3. Where Paul is distinct in each particular of the censure to be denounced upon the incestuous person 1 Cor. 5.4 requiring them to execute it in a strict and sharp manner in the Name and Power of the Lord Jesus and although Incest is a crime to be punished by the Judge and with death by the Law of God he writes not to the Church to inflict any corporal punishment on him neither doth he certifie the civil Magistrate against him or command the Corinthians to inform What Peter did in the case of Ananias was extraordinary and miraculous and not presidential in the least to any succeeding Church-Officers neither did he assume any civil Authority in so doing § 7. Neither doth the National Church notwithstanding all her severity used towards Non-conformists execute any such punishments on the like sort of gross Offenders or by the highest censures turn them over to Civil Powers for that end though she saith that all men and women inhabiting within her Precincts at least all such as are christened are actually Church-members and although it 's a confessed Principle of all Protestants that all openly scandalous Church-members incorrigible ought by censure to be cut off from Communion and although her self affirms that the ultimate means to be used in cases of obstinacy persisted in which she calls Contempt after Church-censures is the application of the Magistrates Coercive power Now how well she doth apply these Church-Remedies to the scandalous Church-members let the impartial judge Is it not requisite that she should wait upon all her Tyburn and Goal-bird Sons and Daughters a little more than she doth and endeavour first by Admonition to bring them to Remorse and in case of obstinacy to excommunicate them and not suffer obstinate Felons and Traitors to be hang'd within the Pale of the Church Indeed there needs no certifying to the Magistrate and taking them by a Writ de Excom cap. because the Magistrate hath secured them already but I will tell you where there is need viz. for the picking up of obstinate contumacious Drunkards Swearers and fornicating Church-members which the Land swarms with And what a blessed Reformation would there be if mother-Mother-Church did do her duty in this kinde so strictly as she deals with Non-conformists viz. in admonishing them and in case of contumacy to excommunicate them and upon their perseverance in the said sins to take them all up with Writs de Excom cap. and send them to Prison there to abide till they repent If the Church proceeded thus with the generality of scandalous and loose Parish-members the major part left at liberty would be Non-conformists and if they were secured too for Non-conformity the old Woman might know where to finde most of her children of both adventures But who is so blinde as not to see the unspeakable Partiality of the Church in this kind in crying out against the conscientious Dissenters and persecuting of them in so merciless and outrageous a manner and in letting all the rest of the ranting debauched Church-members go Scot-free yea and encouraging them to persecute the rest more serious and conscientious under the name of Separatists and Schismaticks Dat veniam corvis vexat censura columbas Juven § 8. The second part of the Question about the use of the Magistrates Sword in execution of Ecclesiastical Justice is built upon a supposition that the Church might make Laws besides what Christ hath made i. e. supposing she might change Indifferencies into Necessities by positive Laws The Question is Whether it be agreeable to her Justice and Wisdom to annex to her Laws the said corporal or pecuniary Punishments or cause the Magistrate so to do We answer in the Negative for these reasons 1. Because to annex or cause to be annexed the severest punishments or at least most smarting to Offenders of Laws of least concernment to the Publick weal of Church and State and of the least necessity in respect of the Observers is neither Justice nor Wisdom but for the Church to annex Excommunication or cause to be annexed corporal Punishments or pecuniary Mulcts to Laws of her own making in matters of Indifferency is to put the severest Penalties to Laws of least concernment The Major is most evident because Wisdom and Justice always requires that there be a due proportion between the weight of Obedience required and the Punishment of the Disobedience forbidden The Minor is granted by the Imposers and Composers of Ecclesiastical Laws of this kind and as they think a plausible defence of themselves in so doing viz. that they exercise this Legislation onely in matters of smaller concern not necessary to salvation left by Christ indifferent and what necessary goodness they pretend to be in them is the shewing our obedience to our Superiours and satisfying the Will of man and some little external Decency and superficial Uniformity And for offending in this kind her children mâ—st be stript of Priviledges and laid open to all injuries of Church and State Doth this consist of Christian Prudence and Justice Is it not to tythe Mint and Annice with the greatest zeal and not onely to neglect the weighty Laws but to encourage the violation of them by taking into her bosome and dandling on her knee the most audacious Transgressors and the greatest and most professed Enemies
3. He never ordained that force of Arms and Penal Laws should be the way of propagating his Faith 4. Forced Faith is neither pleasing to Christ nor profitable to us for indeed it 's no Faith at all A force may lay hold of the Outward man but it cannot make the Understanding to believe that which it sees no reason for to believe no more than the Senses in the natural state can be forced to own things to be contrary Objects as the Eye to own white to be black the Taste to own that for sweet which is bitter c. § 15. Eighthly No civil Magistrate can impose a form of the Worship of God by a Penal Law 1. Because he cannot receive into the Church nor cast out of it at his pleasure 2. If he could then the Subjects form of Worship must be such as the Magistrates for if it be justifiable in one Magistrate to enforce his Subjects to a form of divine Worship because he thinks it best then it 's justifiable in another If the Episcopal Magistrate may jure enforce his form of divine Worship then the Popish Magistrate may enforce his form and the Presbyterian Magistrate his form and an Anabaptist his form and every form must become lawful and necessary to be practised because the civil Magistrate commands it for we must not suppose any one Magistrate as such to be more infallible than another and so upon every change of the supream Magistrate of a differing Perswasion the Peace and Consciences of the most religious people must be wracked and torn in pieces Again it 's the most irrational thing in the world to force a man to serve his God in such a way as he conscientiously judgeth or supposeth to be displeasing unto him Likewise if the form of Worship imposed by the Magistrate be pleasing to Christ his imposition cannot because there cannot be a readier way to the prophanation of the holiest things than to force them to come to them that are not onely wicked and prophane in their lives and corrupt in their hearts but such as are professed Enemies unto them and would have nothing to do with them but to save themselves from the smart of Penal Laws and the best of such persons that make a more plausible compliance can be no Better than Hypocrites that the Law being removed their Religion would be dissolved § 16. Ninthly As the civil Magistrate cannot enforce his Subjects to Particular forms of real or supposed instituted Worship so he cannot enforce them to positive acts of moral divine Worship As 1. We finde no Precept or Example for forcing a poor Pagan to the Worship of the true God and for whipping imprisoning or any other way afflicting his carcase by a Penal Law because of his not worshipping the true God To punish a poor Jew till he would acknowledge Christ and worship him would seem hard 2. And among such as do own the true God the Magistrate cannot punish omissions or refusals of acts of positive Worship As for instance in Prayer the Magistrate cannot enforce a man to pray to his God and punish him for not doing it These are things though sins and that of the highest rank yet such as God intended the Sword of civil Justice should never reach There is in every Command of God a prohibiting and prescribing part The sins against the prohibiting part is the doing some act forbidden by the Moral Law and here usually is the place for the execution of a Penalty by the hands of humane Justice Punishable sins by man are commonly acts of Commission and such acts must be apparent not secret brought before the Judge per allegata probata and they are usually criminal direct breaches not consequential dubious and small I know there lies an Objection against this which is That a Father may correct a childe for not doing his command and so a Master a servant Answ It 's granted and so will God punish the children of men for all omissions of their duty He that knew his masters will and did it not should be beaten with many stripes Then there is a great difference between the constitution of a State-government and of a Family-government In a Family a Father being a natural Relation hath so far as his power goes a more Arbitrary way for the management of it as he can correct his childe upon his mere suspicions of evil in him or refusal of good without positive proof so for omissions in not doing his duty and so for servants the reason is because it 's supposed children and servants are under tutorage as well as bare government and therefore must be kept up to positive acts of duty being under education of Parents and Masters But it 's not so with Subjects they are subjected to a Magistrate for another end viz. in order to the maintaining the due execution of Commutative Justice and in case of the failure thereof of distributive and all things are to be brought before the Magistrate by evidence of matter of mere fact and accessories thereunto God hath not required that Laws should be so distinct and express in a Family as in a State the government of a Family being for the most part discretionary if an eye be had chiefly to the general Rules of God's Word though Omissions of some kind come under the cognizance of the Magistrate it 's principally in cases of commutative Justice when such Omissions are injurious to our Neighbours right but those are not reckoned criminals § 17. Having had some short view of what we judge upon good grounds comes not under his inspection as a Magistrate we would consider a little in the next place how far a Magistrate may go in using his Magistratick Sword in matters of Religion We have shewed that matters of Religion taken in a more limited sence of Faith and instituted Worship in the Church of Christ are not within the circumference of the Magistrates Penal Laws But if we understand matters of Religion in a larger sence then we mean that all States and Societies of men ought in a Christian Commonwealth to be religious i. e. the Moral Rules of Justice should be the foundation of all Justice administred in the Church Civil State and Family and each of them ought to have a main respect to every branch of the Moral Law and adjudge the breaches thereof to be sin and each Polity to punish it according to its merit so far as is allowed by the Charter of Jurisdiction from the Lord Jesus Christ Exemp gra Suppose Theft be the sin the Parent can correct his child with the Rod the Church punish him with a Censure and the State by some Corporal Exemplary suffering Though the Transgression be the same and justly punishable in all yet the punishment is not of the same kinde but various under the different Jurisdictions § 18. We say then if religious matters be understood of that moral goodness fundamentally necessary to