to the manifested will and intendment of the Law-giver Therefore the power of Execution is always a secundary and derived Power in respect of the Power of Legislation because it supposeth a Law made and the will of the Law-giver to put it in practice which Will is the ground of Execution but is not actually begun till the promulgation and a positive injunction binding unto practice and is compleated either in performing acts of obedience and receiving the Law-encouragements this is chiefly on the part of the Subject or in case of disobedience by executing the vindicative part of the Law which belongs to the substituted Executioners to do and the Subject to submit unto So that all Laws are satisfied in obedience and giving the stated reward thereunto which satisfaction Ergo partly depends on the Subject partly on the Ruler executing or they are dissatisfied in disobedience therefore righting themselves in executing the minatory part on Offenders Hence all Laws are capable of being satisfied or fulfilled as to their whole intent and purpose one of these ways in Active or Passive Obedience on the part of the Subject and the faithful discharge of the executive Power by Governours in the due distribution of rewards and punishments § 10. Hence Executive Power is Obediential or Judicial Obediential is an executive ability in the Subject bound for by his obedience unto the Law he executes and fulfills the will of the Law-giver most properly as to the first intentions for the first end of the Law and designe of its Maker is actual Obedience and both in the Command and Penalty annexed And in this sence the meanest Subject doth put in execution the Law of his Soverain at lâ—â—st in administration of commutative Justice towards the Magistrate in rendring him his own as well as towards his Fellow-subjects in doing justice to them § 11. Judicial executive Power is when the Law-giver or his Substitutes judging of Obedience or Disobedience as to matter of fact do judicially determine the same by and according to the true intent and meaning of the Law and finding Obedience distribute the due rewards and encouragements thereunto and judging of Disobedience omissive or commissive do inflict all penalties in such cases by the Law provided The faithful discharge of which Trust belongs to Governours and is rightly called Distributive Justice CHAP. III. Of Christ's immediate Legislative Power § 1. THough Christ be King of Kings and Lord of Lords in respect of all the Rulers and Principalities in the world visible and invisible yet there is a special Dominion reserved to himself as peculiar in many respects so in this that he hath not committed the management thereof to others in juridical affairs in two respects viz. in Legislation and in Deputation of executive Ministers This is a Diamond in the Crown of his Prerogative as Mediator and sole head of Conscience and Church which he purchased and cleansed with his Blood § 2. That unlimited Supream Power which is every where ascribed to God is Christ's not onely as God the second person in the God-head but as Mediator God-man constituted by the Father Head over the Church and over all things to the Church see Ephes 1.21 22. Matth. 28 c. Ergo he exerts this power not onely as Creator but as Mediator and as such a Legislative power belongs to him not onely properly and primarily as being the political Head of his Church but secundarily for its sake he exerts such a Power over all Societies in the world and having this supream Legislation in his hands he can make what Laws he please and substitute others to what Law-making-power he pleaseth to entrust them with or determine how far in that kinde they may act at their discretion or arbitrement So that Christ rules his Kingdomes either by his own immediate Legislative administration or mediately by inferiour limited Law-givers he rules by himself or by others § 3. His immediate rule is especially to be considered as more General or more Special as he is Creator or as he is Redeemer God as Creator of all natural Agents he onely can command his Creature what it must do in order to those ends for which it was created and this government of natural Agents is in a sense of a Spiritual nature proceeding in a spiritual manner from a glorious Spirit for spiritual ends viz. the glory of Gods Soverainty Power Wisdom Goodness c. all the Creation praising him and ascribing Glory and Honour unto the Lamb which Glory is subordinated to that which shines forth more resplendidly in his Church and he disposing all things in order to his advancement therein to the highest honour and dignity this Government of Christ may be said to be a spiritual Rule and Government § 4. This General Government may be consider'd as he rules intelligible or non-intelligible Creatures these he rules by the Instincts of Nature which may be and are called his Statutes and Ordinances which are no other than the impression of the Will of him that made them As in a Watch or any piece of curious Mechanism the minde of the Workman is plainly read in all the parts thereof He ruleth intelligible natural Agents such as Angels and Men by higher Laws What the Law of Angels is we shall not discuss now nor determine but that they are Govern'd by a Law I doubt not but may be proved both from the sin of them that fell and otherwise for where there is no Law there is no Transgression The Law ruling Men as rational Agents is a Law of Manners ruling all humane motions that are cum electione for some natural motions in man are per necessitatem Naturae as the running of the Blood in the Veins c. but these are under the Gubernation of natural Instinct And as God fastens his Law of Nature by instinct on the unintelligible Agents so on Agents per electionem he fixeth his Moral Law by Natural Conscience which is a kinde of rational moral Instinct whereby the very Gentiles that have not the written Law are in a great measure convinced of the nature of it and their Duty in obedience thereunto Rom. 2.13 14. and in this sence he enlightneth every man that cometh into the world Joh. 1. and from this Law of moral Light closing with natural Conscience ariseth accusation or excusation according to the obedience or disobedience yielded thereto whereby Christ in a manner rules in all men at least laying a claim to his right of Dominion so much disowned and rejected by the prevailing Law of sin and this may be ascribed to Christs spiritual rule it being his peculiar Prerogative to govern in Conscience and notwithstanding sins rebellion in all natural men yet Christ there retains his seat of Judicature and as he judgeth and condemneth now so he will by the same Law prove them unexcusable at the last day § 5. The more special immediate jurisdiction of Christ is his most proper
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
and discouragement of Evil-doers 4. That in the faithful discharge of this trust they are Gods Ministers attending his work § 3. As the King of Kings hath given Magistrates their power so he hath set them their bounds of Government insomuch that they be not Plenipotentiary but are liable to the Law of the supream Law-giver which they may transgress in respect either of the Laws themselves or of persons subjected to them In respect of the Laws two ways in Law-making or Executing In Law-making these ways 1. When they presume to enact such Laws as directly cross any of Christ's Laws either the Law of Nature to enjoyn unnatural things or when he by his Law shall contradict the Moral Law or any Appendix thereunto Or lastly controul the Laws of Christ for the Oeconomy of his Church i. e. in making any Laws to obstruct the execution of Christs Laws according to his revealed Will. 2. He may transgress in Law-making by entrenching on the Legislative Prerogative of Christ either in respect of Moral Obedience or Instituted Worship or any Forms or Rites thereto belonging 3. In failing to Enact such useful and necessary Laws as are needful and requisite for the right ordering or management of the Common-weal or particular Subjects under his Dominion He may fail and transgress in Law Executing either in a slack or careless execution of good Laws or undue application of them or partial distribution of Justice by them all which is Injustitia or he may fail in too vigorous and extreme prosecution and so be guilty of Summum Jus which since the Fall is Maxima Injuria because there is no allowance or abatement for the natural failings and weaknesses of the Subjects obeying § 4. As he is liable to transgress as to Laws so also as to persons 1. By a partial Execution of Justice with respect of persons 2. In pressing the power of his Law further on persons than Christ ever permitted as in endeavouring to impose on Conscience and bring it into thraldom by forcing men to ambiguous Oaths Declarations or Subscriptions 3. When he useth his Power for the obstructing and hindering the Members of Christ in the use of those Priviledges or lawful Liberties granted them by Christ himself § 5. Whence it appears That the Civil Magistrates Jurisdiction is limited to the Civil State and to all persons and things considered in a Civil capacity And thus far he hath Power over the persons of Christians and particular Churches whilst Militant so far as they are persons and Societies laying claim to Civil Rights and Priviledges or capable of doing or receiving wrong and injury being men subject to Passions and Failures with the rest of Mankinde A Christian is subjected as hath been said to a twofold Jurisdiction Internal and External Internal respects the Jurisdiction of Conscience or God's ruling man by it and here is an impossibility of any third persons interposing between God and us The External Regiment to which a Christian is subjected is Political and that by God's Ordination is twofold viz. Of the Body Civilly Politick and Spiritually or Ecclesiastically Politick this is subjected immediately to the Ecclesiastical and Spiritual Gubernation of Christ alone the other iâ—mediately under the Rule of the Civil Magistrate Now the contest between these two Polities hath been the Original of most of the Trouble in the Christian World Since Christ's presence here on Earth it hath always been mans presumptuous Ambition to sit in his Throne more or less Sometimes Secular Dignities assuming to themselves Legislation in matters of Divine Worship whence hath arose so great Persecutions from Magistrates because Christ's Followers refused to betray or deliver his Prerogative into their hands and judged themselves bound to obey God rather than man Again sometimes usurping Officers in the Church pretending to a derived Power from Christ have assumed the place of Christ himself in and over his Church justling him as much as in them lay out of his Throne hence hath arose the Antichristian Vsurpation tyrannizing not only over Bodies Politick but over Conscience it self and as a just Judgment on Civil Powers which will not kiss the Son but break his bonds and abuse his Churches and Members have bin permitted by Christ to set their feet on the necks of Kings and Governours of the Earth the intolerable burthen the Earth groans under and hath done for many Ages and were they but removed each into its proper sphere i. e. were but the Churches of Christ eased of Civil Usurpations in some Nations and Commonwealths from Ecclesiastical in other and Conscience delivered from the rapes wrongs and injuries insolently offer'd to it from both the Christian World would become such a Paradise of Felicity that scarce yet hath bin since the Infancy of the Gospel-Church and without such reducement of the World to the due Liberties of Church and State we cannot enjoy that worldly Felicity which a good man is capable of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand A good man aiming at Felicity Would either dye or at his home live free CHAP. V. Concerning the Nature of Conscience § 1. Having thus far briefly enquired concerning the Jurisdictions a Christian is bound in Duty to submit unto viz. Christ's and Caesars and though he is conscientiously to subject himself unto both yet Christs Authority is to be preferred and he is to have his due in the first place because all others who derive all just and rightful Authority from him are limited by him and must give an account unto him Therefore we say with the Psalmist Give unto the Lord O ye mighty give unto the Lord the Glory due unto his Name And as commanded by Christ Seek first the Kingdom of God and the righteousness thereof c. § 2. The first thing then here to be done is to vindicate the Soveraignty of Christ both in the persons of particular Christians and in Ecclesiastick Bodies Politick in both which he hath reserved the Legislative Power to himself and never yet committed it to any other And first of his Power in Conscience and that it may the more clearly appear that Christ only rules in Conscience it is needful we a little explain the Nature of Conscience and then proceed to prove that the Jurisdiction of it belongs to Christ alone § 3. Conscience taken strictly secundum notationem nominis is a Knowledge together i. e. A mans knowledg of himself and his actions together with another who knows the same with him or as some think the knowledge of his Actions together with the Rule by which they ought to be squared and directed which knowledge must be placed in the Understanding of a rational Creature Mr. Perkins saith It 's a part of the Vnderstanding I had rather say it is Modus Intellectus for the Understanding acts per totum non per partes This is that Spirit of a man which knows the things that are in a man 1 Cor. 2.11
Subordinate Churches 2. It is not in the capacity of any one or few Supreme Magistrates to convene an Oecumenical Council because no Magistrate can by any civil Authority much less by any Ecclesiastical of which he hath none call forth the Bishops of another Nation to such a Council Whereas an Oecumenical Pastor whose Authority reaches equally to all National Churches and to Magistrates as Members thereof may Authoritatively command the presence of any Reverend Father whatsoever and demand the consent of the Magistrate thereto under the pain of Church-censures and to permit his Bishops to assemble in or out of his Dominions whereas there is no one or more Supreme Magistrate hath any universal tye Ecclesiastical or Civil of other States and Dominions to his Jurisdiction so that they are necessitated under any Law to submit thereunto unless such which they have reduced unto Homage and Vassalage by dint of Sword or such as by voluntary Subjection have yielded themselves 3. Magistrates have not then a Power to call an Oecumenical Council when they please or if there were such an Emperour there never was or will be that could in respect of his civil power do so yet they have no Ecclesiastical power to do it authoritatively but onely by concurrence or consent whereas all Church-Assemblies are authoritatively to be called by the Officers of the said Church or else they cannot act so when called by Assembled unless we reduce Church-government unto a Democracy § 18. Obj. It may be also said that an Oecumenical Council may be convened by the consent of Patriarchs and Bishops among themselves Answ 1. This is no Authoritative way of assembling such as Bishops will always contend for but onely precarious 2. If they assemble this way either it must be no Council till all be agreed which may be long enough first or any few agreeing to assemble and give notice of such resolutions to others who are averse to such Proposals may gather together and call themselves an Oecumenical Council undertake to make Decrees determine matters of consequence and impose on the dissenting Churches And what dangerous consequence would this be of in the Church especially where Heretical Pastors abound as in the times of the Arrian Macedonian and Nestorian Heresies 3. If National Pastors may convene by consent to constitute an Oecumenical Council why may not Bishops and Archbishops convene by consent to make up a National Synod without the Authoritative Call of the Primate which will by no means be allowed 2ly and lastly By whose authority shall a Catholick Assembly have its Sanction if not by the Catholick Pastor for it 's not every Council that calls it self Oecumenical that can or may be allowed to be such neither ever was there or ever will be any so General that all the Pastors were assembled But it is in this as in all other Church-Assemblies if they be called by the Pastor and publick notice given to all the Members of the time and place the absence of some alters not the nature of it Ergo there should be an Oecumenical Pastor for these ends and purposes CHAP. XV. Of the Magistrates Power in matters of Religion § 1. THe power of Magistrates in matters of Religion hath been very much controverted and variously determined by men of Learning and Conscience I shall not fill up these sheets with transcribing other mens Sentiments I shall onely propound what seems to me to be agreeable to Scripture and Reason with as much perspicuity and brevity as I can There are three things for enquiry that will principally lie before us 1. Whether the Civil Magistrate may exercise a Legislative power in matters Evangelically indifferent 2. Whether in the execution of Ecclesiastical Justice the sword of the Magistrate may be used 3. What are the true bounds and limits of the Magistrates power in matters of Religion The first Question is thus to be understood Whether the Civil Magistrate may or can change things religiously indifferent into necessities by a competent Law i.e. by a Law binding Conscience primarily or secundarily by Christ's authority for we have shewed that no authority can reach Conscience so as to binde it or loose it but Christ's alone that being no competent Law that answers not the true nature of the obedience required which is always expected here to be conscientious All Christ's Laws flowing from his peculiar Legislative prerogative over his Church have an immediate influence on Conscience and do primarily binde as such All just humane Laws do secundarily binde Conscience i. e. not quatenus humane but they so far binde Conscience as men have derived such authority from the Lord Christ for the composing and enacting the said Laws Now if the Magistrate cannot make a Law in one of these kinds to binde Christians in matters indifferent he cannot do it by a competent Law § 2. Having thus explained the true meaning of our Enquiry we determine in the Negative and that for these following reasons Arg. 1. It 's Christs peculiar prerogative to be the Lawgiver to his Church i. e. to make such Laws as immediately concerns it He never gave this power to any or commissionated any to exercise a humane authority in this kind as hath been abundantly shewn He onely can do it 1. He is the onely Spiritual King there is no other mediate Spiritual King between him and his Church 2. He knows onely what is fit to be the matter of such a Law He knows onely which way he will be worshipped and no way can be acceptable to him but that which is of his immediate appointment it 's high presumption in any other to prescribe 3. It 's his Glory to reserve this to himself and he gives to Magistrates that power which they have it 's but reasonable he should reserve to himself what he pleaseth 4. If Magistrates can exercise any such power it must be by deputation from Christ If there be any such let them produce their Commission which cannot be pretended to in the New Testament and what is said of Magistrates power from the Old Testaments authority will easily be refuted if the particular cases be duely considered which I shall not now stay upon 5. If Christ hath given such a power to a Christian Magistrate it belongs to him as a Magistrate or as a Christian it doth not belong to him as a Civil Magistrate for then 1. As many sorts of Magistrates as the Church doth militate under so many sorts of Lawgivers in Spiritual things she should be subject to whether Christian Heretical Prophane or Heathenish and as the government of State alters in the Supream Magistracy so the Laws of the Church must according to the several interests and corrupt designes of the sons of men 2. The number and certainty of Ecclesiastical Laws could never be known for as he may make Laws he may repeal Laws where they are of the same kind So that there would be no certain standing Rule for the
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-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-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
spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
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