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

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Synods also for any hereticall decrees of theirs tending to hurt the State or disturb the Christian societies under his charge and if so then he is in a politicall way to Iudge in matters of Christ and of his Church But the former is true Ergo the latter But is not this to make the Civill Magistrate a Pope Ans No he is by duty tyed to his rule the word and to Iudge according to that Yea but he may erre and the Synod be in the right Ans He may so and so may Ecumenicall Synods erre yet many make them the highest Ecclesiasticall Iudge so here possibility of erring hinders not but that the Civill Magistrate and highest Civil Authority in a State or Commonwealth should be the highest politicall Iudge For standum est in aliquo primo If erring Churches should Ecclesiastically censure godly Rulers for righteous politicall Iudging or censures there is no higher Church Court or Iuridicall Iudge If erring Rulers and highest Civill Courts politically censure the Churches met in their messengers in a Synod for their Godly determinations there or if they censure particular Churches for any righteons censures of offending members at home there is no higher Court or Iudge than the highest in that kind Object The same power that maketh Church Canons must define them and Iudge of them The Synod not the Civill Magistrate maketh Church Canons Ergo the Synod not the Magistrate must define and Iudge of them Ans If this whole argument were granted Yet this hinders not but that the Civill Magistrate may both make Laws about the Church and Church matters in a politicall way and in the like way Iudge of such matters albeit he may make no Laws Formally Ecclesiasticall Nor is his Magistraticall Iudgement as such an Ecclesiasticall Iudgement So that this rather confirmeth the conclusion in hand thus Such as may make politicall Laws about Religion or the Church they may politically also define and Iudge of matters respecting the same but the Civill Magistrate and higher Civill powers may do the former as hath been proved Ergo they may do the latter Object He may say some deny his Civill Sanction to the Synods erring Canons albeit he make no penall Laws that way Ans Even this also suffiseth to make him politicall determiminer and Iudge in such matters yea to make him politicall Iudge of such which dogmatically are the highest Ecclesiasticall Iudges surely he must Iudge the Synods Canons to be erring if he be allowed to deny his Civill Sanction to them as erring Object But the regulated Civill Magistrate being by duty a Member of the Church he hath covenanted subjection to the Church and to the Elders of it Ergo he is bound to own their determinations of things in controversie according to the word else as an offending Brother is he liable to be dealt with in a Church-way Ans It is true supposing they judge according to Christs judgement in the words He that hearreth you beareth me and he that despiseth you despiseth me and so as a covenanted Member Luk. 10. 16. he is bound to hear them and if he by gross contempt of their Counsells when according to Christ do give them offence they may by all good meanes seek to convince such an offending brother and in case he hear not bring it to the Church of which this or that Magistrate is a member and if he hear not the Church he may be cast out of the Church Math. 18. Yet secondly this hindereth not but that that Civill Magistrate is a politicall Judge of others pastorall Judgements whether indeed according to the word before he do establish any conclusions of theirs for Politicall lawes Thirdly Nor doth this warrant any Church to proceed against any Civill Ruler whatsoever for rejecting their erroneous determinations but that it being clavis errans it is an abuse of Church power and bindeth not before God Nor is that What yee bind on earth is bound in heaven verified in the abuse but right use of the power of the keyes whence Christs owning of him whom the Synagogue cast out Joh. 9. 35 Luk. 6. 21 37. 28. 39. Hence a blessing pronounced to some unjustly censured Fourthly Nor doth this hinder but that Civill Authority may and must politically judge of the errors of Synodicall determinations and censure civilly such as make them To shut up all that we would say to what is thus objected In case of a right administration the Civill Magistrate in duty subjecteth his Memberly Judgement to his Pastors ministeriall Judgement but in case of Aberration he may not deliver up to any the supremacy of his Politicall Judgement They herc conclude right who say that neither the Civill Magistrates Politicall Judgement is a certain rule either to Synods or Churches Judgements nor is their Ecclesiasticall Judgement an infallible rule to his Politicall Judgement but the revealed word is the onely infallible rule to both Leaving then to either the supremacy of their severall Judgements to the former Politicall to the latter Ecclesiasticall the Magistrate as a Magistrate cannot define ecclesiastically with reference to Church censures in refusall of such determinations of his the Church as a Church cannot define Politically with reference to Civill rewards and punishments Ob. It may seem that each particular Christian subject is to judge rather what is or what is not according to the word because they are to obey those edicts none are to yield blind obedience to obey this or that Politicall law concerning Religion or the Church as in this or that particular according to God because others Judge so but because himself judgeth so a mans own Judgment is to him his own immediate personal Judge of what he is to act or forbear let every man be fully perswaded in his mind and whatsoever is not of faith is sin And the Contrary Rom. 14. tenent making Civill powers highest earthly Judges what particular things are contrary to the word were a way to open a gap to most bloody persecutions without redress since they may Judge that to be contrary to the word which is not And it were a way to justify the Civill acts and Ecclesiasticall too of Popish governments whereby they have made and executed fiery lawes against the Saints for Heresie as judging it to be Heresie and deserving the Faggot as in the Mariau dayes Ans 1. Be it that a Christian be his own next Judge of what he is to do or not as he is a Christian and in reference to his inward Peace or the breach of it nor is he to pin his personall Judgement of matters of Christ or of his Church upon any others Judgement meerly or chiefly but though he have his particular Iudgement as a private Christian in a Christian way yet that hinders not but that the Civil Magistrate hath his publique Political Judgement in reference to Civill rewards and punishments of what is or is not to be expressed and
example is shewed that abuses even in externals are by all means to be reformed in which matter godly Magistrates are to lend their help to the Ministers that as they by preaching so Magistrates may even by external repurgation remove those things which are repugnant to the regular worship of God But as for that Christ did it appertaineth not so much to his Priestly Office as to his Kingly Marlorate on the place from this that Christ as well by fact as word casteth out Temple abuses saith They are hence taught who have received authoritie from God in the Church how they ought by work as well as word to purge the Church Although they know the corruptions as superstition idolatrie and such like have taken deep rooting in the hearts of the wicked For therefore hath the Lord armed their hands that they might take chief care of his worship Master Dyke writing upon this fact of Christs purging the Temple and having declared how this fact of Christ was not imitable as Christ did thus as the Sonne of God he propoundeth this question how far forth this fact of Christ is imitable And Ainsworth men are either publick persons or private publick either in the Magistracie or in the Ministery As for Magistrates they being Christs Vicegerents as God in special manner the imitation of this fact belongeth to them For God hath given them the sword not to let it lie rusting in the scabbard but to strike and he hath put the whip into their hands to scourge withall c. Then he sheweth how Ministers in their way of preaching are to doe thus and then how private men in their way of prayer and sighings but not by other violence are to be doing this way Musculus upon Iohn 2d. 13. 14. 15. 16. 17. upon that he found in the Temple as soon as Christ came into the citie saith he he visiteth the Temple This should be the first care of all godly ones not of Pastours onely but of all Magistrates whatsoever that the Kingdome and worship of God be sought after And upon that and when he had made a scourge of small cords he cast them all out together with the Sheep and the Oxen he observeth we see by this fact of Christ how distasteful they are and how unsufferable in the Church who under pretence of divine worship exercise merchandize Doubtlesse there were many other crimes by which God was commonly provoked and yet we reade not that Christ used like severitie against them but forthwith he casteth this loathsome plague of such Merchandize out of the Temple Who seeth not hence that those things which concern the Glory and Worship of God are not alone before all other things but with greatest severitie to be purged away and that not without cause since in these sinne is committed against the first Table and under pretence of Divine worship service is done to the Devil and to worldly lusts and beside the plague which ariseth here spreadeth into the whole body more speedily and dangerously then can be imagined Again let such who would have nothing done in a compulsive way against Idolaters and corrupters of Gods worship in the Church but thinke such as doe evil are to be intreated willingly to desist let such answer Why Christ did not here doe thus why he did not meekly request these merchants to carrie their Oxen and Sheep and money out of the Temple None say they are by force to be compelled to godlinesse be it so but are they not by force to be restrained yea and driven away who exercise gainfull trades in the Temple what shall we say that Christ here sinned God forbid he compelled them not to Pietie yet he casteth that merchandize out of the Temple Furthermore they have hence ground to change their opinion who teach that external evils in the Church are not to be taken away unless they be first taken out of mens hearts for according to this Doctrine Christ should first have cast that inward evil of covetousnesse out of the Jewes hearts and then have cast them out of the Temple but we see it quite otherwise in what Christ did here he cast these merchants out of the Temple although they kept their covetousnesse still in their hearts giving hence an example whereby he might teach us that publick evil is not to be suffered in the Church although it cannot be rooted out of mens hearts If any reply It is but vain to remove it out of the Church if it be not removed out of the hearts of men surely saith he Christ knew this well enough yet he did his office having made a scourge he hunted these dogs out of the Temple Snecanus in his Tract de Magistratu he maketh use of this example of Christs purging the Temple with a scourge in his hand to prove the Magistrates power now under the Gospel in matters of both tables Beza in his Tract de haereticis à Magistratu puniendis saith In or by what right did Christ twice take the Whip in hand both John 2. 14. and Matth. 21. 12 13. by what right did Peter kill Ananias and Sapphira by what right did Paul strike Elimas blind what by that of the Ecclesiastical Ministry surely no unlesse you would confound the Jurisdictions therefore by the right of the Civil Magistrate for there is no third Yet I acknowledge this power put forth by Ministers of the Word was in them extraordinary and the manner of exercising it after a sort divine but I prove that though the Lord doth not alwayes make use of the help of the Magistrates yet in all ages he doth make use of the Power whereof the Magistrate is the onely ordinary Minister according as himself seeth it meet for the preservation of his Church Now then if any object against this example as Imitable because Object 1 Christ did this as God or at least as the Messiah It is answered first That Civil Rulers are Christs Vicegerents Answ 1 considered as God and are therefore called gods Psal 82. 1 6. and said to judge for God 2 Chron. 19. 6. and called the Ministers of God Rom. 13. 4. the ordinary publick Avengers who are to take vengeance namely in Gods stead to whom alone vengeance doth belong so are they Christs Vicegerents as Mediatour as one that hath all power committed to him in earth as well as heaven Matth. 28. 18. and from him therefore as political head of his people Magistrates power on earth must come Prov. 8. 15 16. by me saith the essential wisdom of God Princes rule hence called King of kings and Lord of lords 1 Tim. 1. 16 17. Rev. 19. 16. yea he maketh Civil Rulers nursing Fathers and Mothers to his Church and so committeth his Church which Esay 49. 23. 1 Tim. 3. 15. is his house into their hands as those who in their civil officed way are every way to further its welfare What Christ did here immediately as an act appertaining
Numb 11. what such Godly Rulers do God saith he doth I will take away all thy Tin 3. R. If Highest Civill Authority ought to repeal persecuting Laws respecting Religion and so free their Subjects from being any more liable to punishment in neglect thereof then may they make Laws in matters of Religion But the former is true Ergo the latter The consequence of the proposition appeareth in that it must be one and the same power to make Laws about Religion or the Church as to unmake Laws about the same or to repeal them nor can a Law be legally or regularly repealed but by a Law of Equall Authority with the Former the Assumption we have all cause thankfully to acknowledge to Gods praise in the Laws of Edward the sixt of Q. Elizabeth and of this present Parliament of England besides those of other godly Reforming States 4. R. If Civill Authority may make Laws about Religion and the Church to incourage or reward the same with Civill favours who shall observe the same then may they make Coercive Laws with reference to Civill punishments to such as transgress the same but the former is true Ergo the consequence appeareth in that it is the work of the same civill power to render praise to Publique commanded weldoing to be in a like Authorative way a terror to evill doers Rom. 13. 3. 4. the Assumption none will deny if they would It s Scripture proof witness the example of Darius the Mede Dan. 6. 26. 5. of Cyrus the first Ezera 1. 1. 2. 3. 4. 5. so of that other Darius Ezra 6. and Artaxerses Ezra 7. 5. R. If Civill Authority may not make such Lawes with reference to Civill punishments or rewards to ratefie what the Lord that way Injoyneth or forbideth in Religion it is because therein they either usurp Church-power or transgress some rule of God but they do neither thereby Ergo the Assumption is proved thus they usurp not Church-power therein because what ever the Church may do in a Church way is not now the question but to be sure the Church can make nothing like a Law in any Civill and Politicall way or with reference to Civill rewards or punishments and what rule of God they transgress is yet to be instanced in 6. R. Bcause if not alone particular Ministers but a very Synod and Assembly of the Officers of the Churches in a Religious State who in an ordinary and oderly way are to guide and lead the godly Civil Rulers and Ecclesiastically to determin what is the mind of God touching matters of Religion about which their Rulers are to make Laws if such an Assembly I say should be corrupt in the Major part of it who must Authoratatively reduce them into order not an Universall Bishop as the Pope nor an ecumenicall Counsell which is scarce Imaginable to be said now adaies Nor the Minor part of the Church Officers there met or of their Churches to whom they do belong The Minor part being in Foro externo humane the weaker and lesser force and weight and since in a Church-way they cannot do it by way of other force they must not assay it They may not use the temporall sword as they are either Churches or as Ecclesiasticall Synods Math. 26. 53. now the Civill Magistrate or none upon Earth in an orderly way must help and if the Civill Magistrate legally help and regularly then by Virtue of some State-Law provided for that purpose Yea if such a Synod should in the Major part of them make decrees flatly cross to the word of God they must make Civill Laws to make them null if not one or two but an Assembly of the Nurses of the Churches children should combine together to prison them as a very Kennell of Wolves or a company of Foxes Agree to destroy the Lambs of the Flock these Politicall Nurse-fathers Esay 25. 12. And Shepheards Mich. 7. 5. must help against such mischiefes seasonably and provide to restrain the same by holsom Laws Edicts and the like and suitable punishments executed Object Yea but Civill Authority may be Corrupt Ans True saith Reverend Mr. Beaza lib. de haereticis Magistratu puniendis For the Churches suffering for sins provoking to that Judgement and for triall for such as are godly but in the mean space saith he For fear of Tiranny to spoil the Magistrate of one Chief part of his Jurisdiction and leaving the Ordinary Remedy to look for an extraordinary one is not good with divers other passages to like purpose R. 7. Because the rule of Relates requireth that those to whom we are Politically subject as to the highest Civill power do in like sort as we are subject to them give forth Laws for our Spirituall and Ecclesiasticall good or restraint of the contrary evill as under a Civll respect and coming under their Cognizance but to highest Civill Authority are all sorts Churches Members or Officers of Churches c. even every soul to be subject in a Politicall way Therefore in the like Politicall way may they make such Laws for the Spirituall and Ecclesiasticall good of Churches and of their Officers and Members and for the restraint of the contrary evills both propositions are grounded upon Rom. 13. 1 2 3 4. Let us now briefly Answer what some may object against this Conclusion Obj. 1. We have one Law-giver in the matters of God and the Church and therefore not so many as highest Civill Courts to give us Laws that way Ans True we have one onely Law-giver who is Absolute Supreme and Infallable which alone giveth us forth Laws in matters of God or the Church Nor may any other give forth other Laws that way for substance then what he first delivereth to them Yet this hindreth not but this onely Law-giver having delivered his royall mind and will therein that other Politicall Ministers of his and whom he substituteth under him to look to it that these Laws be executed should yea and ought in their Politicall way to ratefie and promulge these Laws of their Soveraign and ours and improve their utmost power Politically to incourage such as shall Externally at lest observe the same or discourage such as shall openly and obstinately transgress the same Civill Magistrates are Earthly Gods under the God of Heaven and Earth Psal 82. and are according to God to improve all their power for God and against open scandalous sinners against him And one chief part of their power being Legislative power they are in their Politicall way to improve that power for God as well as to put forth their remunarative or vindicative power actually for God in matters of God or man of Religion or Righteousness of the first or second Table both Tables being committed to their keeping as their Politicall charge 2. God onely gave Laws to his Church in matters of God of old and was the onely Law-giver yet alowed the name of Lawgiver even in respect of Religion also to Moses