Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	judge_n	king_n	power_n	3,562	5	5.1146	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

5 6 7 8. Tit. 2. and yet in a sense they may not be servants to men whether Family-Masters or State-Rulers namely in way of base servile compliance to mens vain humours to the sinful lusts of their wills or carnal Fancies of their minds if either Masters or Magistrates will forbid what they please and not what God would have them be not the servants of men better obey God then men Act. 4. 18 19 20. yea but when according to the former Conclusions they forbid and punish onely what their Lord and Master and yours also injoyneth them now you shew not a servant-like spirit to your professed Supreme Lord and Master if you submit not Grant such Power once and it is the way to make Christians Object 4 either basely to dissemble or else to do something against their consciences 1. As much might be said against that way which that Answ State took 2 Chron. 15. 12 13. they made this order that whosoever would not seek the Lord should be slain this Asa took courage to do by the prophesying of Oded vers 8. and as a fruit of this the Lord gave them rest round about vers 15. Josiah also he caused his Subjects to serve the Lord their God 2 Chron. 34. 33. this made the subjects either dissemble or sin against their consciences or if Churches assay to cast out blasphemers or trouble-Churches Gal. 5 10 12. 1 Tim. 1. ult they will but cause them either to dissemble or else sin against their consciences 2. According to the former Conclusions the Magistrate restraining and punishing things crosse manifestly crosse to the Word he punisheth onely such things which men out of conscience should avoid and the Magistrate also punishing such transgressours after due means of conviction the persons now punished become sinners against their own consciences and is punishing sin or sinners against conscience a means or cause in it self to make them either to dissemble or else to sin against conscience what more ridiculous The use of such Coercive power is to introduce an external Object 5 compulsion of persons to grace and truth when perswasion is rather to used 1. That godly regulated Rulers they are wont to injoyn the Answ use of all perswasive means to the Saints as the use of the Ministry of the Word amongst their Subjects that none may plead excuse we have had no instructive meanes to draw us on to the wayes of the Lord. So did Jehoshaphat 2 Chron. 17. 7 8 9. after which he sends forth Judges to censure offendors against God or man or both 2 Chron. 19. 5 6. 2. Even before they do actually sentence offendors they use all means of Conviction Conclusion sixth and consequently perswasion is used with such wherefore this maketh nothing against what we plead for 3. If the Objection argue ad idem it stands thus persons may not cannot be outwardly constrained by men to grace and true faith therefore they may not be externally restrained from ungodly practices such as venting of pernicious and blasphemous doctrines quite crosse to the Faith of the Saints the very naming whereof is a sufficient refutation of it This is to make the weapons of our warfare to be carnal and Object 6 not spiritual contrary to that 2 Cor. 10. 4 5. and to make Christs Kingdome of this world We might answer that 2 Cor. 10. speaketh not of the use of civil Power but of Church Apostolical Power and rather implieth Answ that though the weapons of Apostles and Churches considered as Apostolical and Ecclesiastical are of a Spiritual nature yet there are others who have weapons for suppressing of sinne by other means and wayes even by weapons which in some sense may be called carnal namely as contradistinct to Spiritual that is weapons of an external and corporal nature such as men make use of to exercise or establish their political jurisdiction over others But the answer is easie First if this argument be of force against Magistratical power in punishing open sins of the outward man against the first Table it is of like force against their punishing of such sins against the second Table Christs Kingdome being not of this world in way of punishing the sins of the one more then the other and Apostles and Churches having power from Christ by spiritual weapons to avenge all disobedience whether against first or second Table 2 Cor. 10. 6. 1 Cor. 5. 12. 3. 4 5. It would follow that Magistratical weapons must be used against neither sort of sins Secondly when Christ himself did use carnal instruments to curb and convert those Temple abuses and corruptions in Religion John 2. 13 14 15 16 17. yet did he not cross himself in his speech John 18. 36. My Kingdom is not of this world nor did he cross this in 2 Cor. 10. 4. which he spake by Paul Thirdly though Jesus Christs Kingdome of which he spake to Pilate before whom he was accused of assertation of a Caesarian kingdome and dominion John 19. 12. were no such kingdome nor he any such terrestrial Monarch yet that hindreth not but that both as God he ruleth over all Nations and as God-man all power is committed to him Matth. 28. And he is King of earthly kings and Lord of lords Revel 19. He by and from whom the Princes doe rule yea All the Judges of the earth yea by whom it is that such Princes do decree Justice even any just Lawes against open sins acted by the outward man against God or man first or second Table or any just censures against the same for so saith Proverbs 8. 15 16. By me Princes Decree justice that which giveth every Subject his due incouragement or punishment Yea he who taketh to himself his Kingdome in special form when the kingdoms of the earth become his or are subservient to him in establishing and vindicating his Royal Lawes and Institutions so far as they come under their view Rev. 11. 15. 17. compared This is a way to let in false Religions and corruptions in worship since Rulers may seek to restrain and punish all purity of Doctrine and worship and to constrain Christians to the contrary as do Popish Rulers and the like If the Objectors argue ad Idem they argue thus that to restrain Answ and punish grosser corruptions in Doctrine and worship is a way to bring in corruptions in Doctrine and worship And will not any blush to argue thus The exercise of such coercive power in matters of Religion Object 8 is the way to bring in persecution for Christs cause and for a good Conscience sake The limiting of civil peace as of dutie only to punish things manifestly crosse to the Word and that after due means used Answ 1 of information and conviction is rather to lay the bonds of God upon them to restrain them from persecuting the Saints for a good cause or conscience If accidentally any enemies to Pietie or Truth will take occasion thence to pervert and

be in some part onely of their bodies as in their hands or the like yet he saith of it that it shall be a means of good to some so punished corporally vers 4 5 6. thus was I wounded in the house of my friends A fifth Reason is taken from the publick evil removed and Reason 5 good attained on the one hand by the due use of such power and the sad mischiefs attending either the want or grosse neglect thereof on the other hand When Idolaters are commanded to be stoned Deut. 17. 2 3 5 7. its added so shalt thou put the evil away from among you and as evil is removed hereby so is good attained both moral Deut. 17. 10. All Israel shall hear and fear and do no more any such wickednesse and civil good as that in outward estate as when theirs was impoverished by that drought and famine yet upon the execution of Justice upon those Idolaters reparation is therein made by that ruine 1 King 18. 40 41. also that of Civil peace 2 Chron. 14. 3 4 5. Therefore the Kingdome was quiet before him Again what a deluge of evil overfloweth all where the use of such power is wanting or neglected thence that Idolatry in Israel when no Supreme Magistrate no King in Israel Judg. 17. 45 6. thence such corruption in Church discipline as the consecration and administration of that hedge Priest vers 12. and Chap. 18. 1. compared and as mischiefs arise thence in spirituals and Ecclesiasticals so also in temporals for when none is found to stand in the Gap and Authoritatively to make up the hedge which is broken by such prophanations of Gods holy day and holy things and lawes then cometh an inundation of ruinating Judgments upon that State as Ezek. 21. 25 26. compared with vers 30 31. yea and as mischief to State and Church in general so to corrupt and indulgent Rulers in particular as also to their houses What mischief came upon that indulgent Judge Eli for his too grosse connivence at such corrupt customes in Religion as well as at other lewd pranks of his sons read see and consider 1 Sam. 2. 22 23 24. with 27 28 29 c. A sixth Reason may be taken from the unwonted dispensation Reason 6 of Gods providence when the zeal in the ordinary Ministers of Gods vengeance faileth this way he stirreth up zeal in others in a more then ordinary way to execute such vengeance as when Ahab faileth to punish such abuses in Religion Elijah is stirred up to do it 1 King 18. God would have it some way done so far is he from prohibiting the doing of it The last Reason may be taken from the examples both of such as have acted this way by the light of grace and are commended Reason 7 for it in Scripture and of others who being themselves Pagans yet have done somewhat this way by a mere common light at least of Nature and Nations Of the former sort read that of Moses Exod. 32. 20 21 22. and that of that general assembly of the Tribes at least in their Heads and Representatives recorded to their honour Josh 22. 10 11 12 c. unto ver 34. besides that of Asah 2 Chron. 15. 12 13 16 c. and of Jehoshaphat 2 Chron. 19. 3 4 5 6 7 8. and of Josiah 2 Chr. 34. 33. vers 4. with 2 King 23. 20. and of Nehemiah Chap. 13. 21. and that of the converted Kings in the dayes of the Gospel who as they shall hate the corrupt and false Church-state of Rome so shall they execute corporal vengeance of God upon that Whore Rev. 17. 16. Of the later sort we need not instance in Numa's Lawes against the use of Images in any religious way or in others in the Roman or Grecian States since scarce any Pagan State whatsoever but have enacted and executed Civil punishments upon the despisers or depravers of their gods or of the worship or worshippers of Dan. 3. 1 2. c. them which though it shew the miserable fruits of mans Fall in this their misguided and misplaced zeal yet by these ruines we may judge that it is a principle deeply engraven in mans heart that as there should be some to rule and some to be ruled some God and some worship of that God so by the Law of Nature and Nations there should be the external exercise of some external coercive power in cases of prophanations and abuses of the name and worship of that God who is to be adored And let none now object that such Authoritative acts in Object such persons were typical For 1. We speak not of David and Solomon and such Answ like but of others and will any say that Moses in his Act or the Heads of the Tribes in their act or Nehemiah in his act that these were types of Christ we might have instanced in the Judges in Jobs time that corruption in Worship as the worship of the Sun or Moon c. was an Iniquity to be punished by the Judges so our last Translation rendreth that place Job 31. 26 27 28. yet were not those Judges types of Christ 2. Those Worthies mentioned did exercise power in matters of the second Table also yet not therein Types of Christ for then the substance being come the shadow vanisheth and so all Civil Power and Jurisdiction in matters of Righteousness as well as Religion would be turned up by the roots 3. Those zealous Acts of the converted Kings against all superstitions and the fomentors and Abettors of them prophesied of Rev. 17. 16. can under no pretence be called Old Testament types or Old Testament Zelots The point propounded being explained in the Distinctions and Conclusions before laid down and being thus confirmed we shall now consider of some doctrinal Instructions arising thence 1. Then if this be so It serveth to refute and remove many Object pretences aod answer many Objections tending to undermine the Coercive Power of the Civil Magistrate in matters of Religion Such as these following 1. If you grant Magistrates such Coercive power in matters Answ of Religion you will make them Church Officers The second Conclusion denyeth to them any way of exercising that power which is properly Ecclesiastical allowing them only a Civil way of doing what they do in matters of Religion When Church Officers with the Church do Ecclesiastically punish one of their members for that which is also a civil offence as when they cast him out for lying drunkenness Incest c. they are not therefore Civil Officers because they do it in their own proper way namely Ecclesiastically So when Civil Courts censure persons for heresie schisme c. which also is an Ecclesiastical offence they are not therefore Church Officers because they do it in a Civil way and as it is a breach of humane Lawes made against the same and as it tendeth to break civil peace In the one Court they are censured as matters of the Lord properly in

him or as any tyrannicall course of his but as one peece of his right guided politicall wisdom justice and power as the context sheweth and this course he took is recorded in his commendations and as his comfort in his very trouble before Moses his Judiciall or Ceremoniall Lawes were made for after them that sacrifising so approved of by God chap. 42. had been unlawfull to be performed by such as Job was who was not under that religious State and Church polity of the Jews Levit. 17. 8 9. It was a capitall offence for any Jew or stranger among them to offer sacrifice unless he brought it unto the door of the Tabernacle See more in the Notes of Junius and Tremellius upon the first of Job But for the further clearing of this from all gainsaying of others let us first lay down some distinctions and then the conclusion respecting this 1. Then there is the divine Rule of Judging which is the Scripture the Judge of all Controversies and the act of Judging what is or what is not according to the Word Herein quaeritur who is Judge 2. There is an absolute supreme praetorian and infallible Judge thereof which is no other but Jesus Christ and his Spirit speaking in the Word and there is a visible limited subordinate and Ministeriall Judge what is or what is not according to the Word of which quaeritur who is Judge 3. There is a more private Judging thereof whether apprehensive discretive directive or corrective proper to each particular Christian in respect to his own particular actions and of which there is a publique judgement of what is or what is not according to the Word of which quaeritur 4. There is an Ecclesiasticall and there is a Politicall or Civill judging of what is or is not according to the Word Ecclesiasticall judging is either by virtue of Office defining Ecclesiastically what is the counsell of God as is that of Church Elders or by virtue of Ecclesiasticall deputation and designation as that of the Synod and members of it or by virtue of Ecclesiasticall union and communion as that of the Church colectively and the members distributively considered 1. Cor. 10. 15. I speak as to wise men Judge ye the present quaere is of political Iudging also 5. Politicall Iudging in such matters is either that which is in the politicall Law-makers whether in any stated standing higher Civill Office or otherwise as in Parliamentary and Generall Courts or the like or that which is in higher Civill Officers in a state we look at both 6. Authoritative politicall Iudgement is either Definitive Authoritatively stating in a politicall way what is or is not to be acted by the outward man in weightier matters of a religious State-concernment whether of first or second Table or preceptive injoyning those politicall determinations with respect to Civill incouragements or punishments Both which acts of politicall Iudging are appliable to State-lawmakers onely de Iure they are limeted to the sole rule of Iudging even the whole Scripture 7. There is a Iudging what is true or false to be believed or not simply as teaching and binding conscience with reference to Spirituall and Eternall rewards Which is the Ministers business officially and each Christians work privatly and personally and is not the Magistrates work as a Magistrate There is a Judging what is to be professedly believed and maintained as true or false with reference to Civill rewards or punishments And thus the Civill Magistrate Judges 8. There is a Judging what is or not to be done by soul and body both in reference to inward sence and Divine Approbation or rejection Officially the Ministers work in a private directive and discretive way each Christians duty There is a Iudging what is or not to be acted or expressed by the outward man with reference to Civill rewards or punishments proper to Magistrates 9. There is a Judgement what is or is not a Christians duty either onely as Godly or onely as a Church member diversly appliable to Churches Church-elders and private Christians and there is a Judging what is or is not the duty of a Member of a Christian State as a member of that politicall society to be ordered or curbed thereby Appliable to the Civill Magistrate Conc. 6. That regulateed Civill Magistrates and higher powers have not alone a Judgement in Common with other Christians and Members of Churches considered as Christians and Church members what is or is not according to the Word but as Civill higher powers Magistrates also have a publique politicall Judgement both Definitive and Preceptive what is or is not to be acted or expressed by the outward man of each particular person whatsoever coming under their jurisdiction as those persons are politically subjected to that Civill state and as those their acts reflect upon the body politique This caution here annexed that in all matters of difficulty respecting Religion higher Civill powers be not too sudden in determining the same without the best counsell first had therein of those who are over them in the Lord according to the second Conclusion before mentioned pag 67. ever remembring that regulated Civill Magistrates may not politically determine that to be according to the Word in the letter or consequence of it which is not Scripture proof Josh 1. 7. The Conclusion thus stated and cautioned I doubt not will stand as Scripture proof against all objections to the contrary R. 1. Because as much is yeelded in effect even by opposers of Magistraticall Judging as 1. That they may make incouraging Laws in matters of God and of the Church surely then they may so far determine of the matters of God and the Church which they are that they are to be incouraged as such matters of God or of his Church and what incouragements are due to the same And surely then they are to be equall Judges in the other part of distributive Justice respecting matters of God or of the Church which fall under vindicative justice as Rom. 3. 3 4. proveth The same Rulers are in a Civill way to be a terror to evill works which are in a like way to give praise to such as doe well 2. It s yeelded in matters fundamentall and such as are set down in so many words in Scripture and why not as well to judge in other matters set down by clear and necessary consequence as are many weighty matters reducible to the four Commandements of the first Table of which the Civil Magistrate is a keeper and had need be allowed his politicall Judgement what is or what is not his politicall charge which he is to keeep 3. It is yeelded in matters of the second Table yet that Table also is as well a part of Scripture and therefore all the duties expresly or consequently therein commanded and the prohibition of the sins in like sort forbidden in those six Commandements are so far forth Scripture as they are reducible to Scripture or to any

Lawes he is King of kings and Lord of lords 1 Tim. 1. 15 16 17. Rev. 17. 14. 19. 16. if considered in a limited sense under this or that form of Rule or Magistracy whether Monarchical Aristocratical Democratical or mixt of Aristocracy and Democracy so it is a humane creature as the Greek termeth it 2 Pet. 2. 13. 2. Civil Magistrates are considered either as rightly ordered according to God or as some way defective to his order Regulated Magistrates ordered according to the Rules of God and Christ whose Ordinance they are and by whom they rule they are well versed in Scripture Deut. 17. 18 19 20. men of choyce Abilities for wisdom and understanding yea even in the things of God Exod. 18. 21. Deut. 1. 13 compared such as fear God ibid. such as rule in Gods fear 2 Sam. 23. 3 4. such as do spiritual homage to Jesus Christ Psal 72. 10 11. are spiritually wise and well instructed Psal 2. 10. Kisse the Son with the kisse of faith love and obedience verse 12. serve him vers 11. not as men only but as Kings and Judges Are nursing Fathers to the Church Esay 49. 23. are brought to the Church to joyn with it Esay 60. 11. stoop to the Government of the Church as members of it Esay 49. 23. bring the glory of their Authority to the Church Rev. 21. 24. thereby to minister every way in way of protection preservation and establishment thereof Civilly in peace and purity of doctrine and discipline and the like Esay 60. 10. 1 Tim. 2. 1 2. every way in their political manner Ministers even to Gentile Churches such as that of Rome was for its good Rom. 13. 4. and a terrour not to good works but to evil Rom. 13. 3. In this respect it s so far from truth that a godly man and member of Jesus Christ should not be a Magistrate when yet godly Moses Joshuah David Asah Jehoshaphat Hezekiah Josiah Zerubbabel Nehemiah and others of old were and so in and after Christs Incarnation was Joseph of Arimathea Joh 19. 38. so was he Joh. 4. 46 53. compared so was Cornelius Act. 10. 2. and Sergius Paulus Acts 13. 7. 12. compared that Eunuch Acts 8. 27. 37. compared Erastus Rom. 16. 23. c. that according to Gods rule such an one should be the only man for that office The Conclusion in special wise respected regulated Magistrates and not so much such as are defective to their supream Lords order and rules and sundry wayes grosly transgressing the same 3. Civil Magistrates are considered in the perfection either of the Essence of their Magistracie or of their Magistraticall Operations In the former sence Pagans and other Rulers not regulalated according to Gods Rules and perfect Rulers and have a perfect right to establish true Religion and to make good our Lawes to that end Albeit for want of light they know it not or for want of a better heart they doe it not According as out of the like defects they establish not many wholsome Rules and Lawes of civil Honestie and Iustice albeit as Rulers they have a power to doe it In the latter sense if regulated they are compleate if not regulated then in so farre forth sundry wayes imperfect and deficient Secondly we distinguish of Kingdoms or Common-wealths in which they rule They are either greater or lesser the Rule concerneth both alike Again they are either Pagan not intended in the point or Christan and these again either more pure and better squared according to Gods rules whose they are or they are more corrupt and Apostatizing from truth or from purity and power in Religion that point reacheth both Again these corrupter States are considered as so corrupt either in the body of the Spirituall guides thereof or in the body of the People or in both Neither the one nor the other are in Religion excluded the point Thirdly we distinguish of Legislative power in matters of Religion It is either Absolute and meerly Soveraign and so onely God and Christ is Law-giver unto his people both for matters of Religion and Righteousness Piety and Honesty First and second table Jam. 4. 12. There is one Law-giver Esay 33. 22. The Lord is our Law-giver Or it is subordinate and subservient and in a way of conformity and respect to the Laws of God already made by God and so as men may be Kings and Judges though in other respects the Lord alone be King and Judge Esay 33. 22. so may men also make just decrees be Law-givers Again Law-givers are considered either as Infallibly and immediately inspired such a one was Moses Numb 21. 18. or as bound indeed to the Rules of God which are of Infallible Inspiration but not alwaies Infallibly caried out according to those Rules and so others in highest place are Law-givers as where those Jewish Rulers long after Moses time with whom the civill Scepter was they were Law-givers and long after Davids time and Solomons who had their inspirations so far as the Scepter or Higher Civill power departed not from them a Law-giver was among them Gen. 49. 10. Prov. 8. 15 16. These Humane just decrees of highest Civill Rulers are by Christ Again there is a power simply Ecclesiasticall respecting the decent and orderly carrying on of the worship of God according to generall Rules of the Scripture and the prescripts of holy prudence left to the Churches liberty 1 Cor. 14. 40. though these constitutions are not so properly Laws but rather are Ecclesiasticall directions of order and decorum about externall Rites and circumstances of worship which we grant there is a Nomothetique power about matters of Religion which is meerly Politicall and Civill to which the conclusion looketh There is a power supposed which is mixed that is partly Ecclesiasticall and partly Civill which some give to the Pope as do some Papists some in name Prostestants do give to Christian Princes but this confusion of the two powers and swords we deny to be from the God of Order Fourthly we distinguish of Laws about Religion They are considered either materially or Formally Concerning such Lawes materially considered they are either of such things which are manifestly cross to divine Laws which are the onely Authentique and presidentiall Laws condemned in Jereboam and other wicked Princes 1 Kings 12. 28. to the end of such Laws see allso Hos 5. 11. Or they are Humane Sanctions of the Laws of God and of that which is according to those Laws which we assert Secondly Things according to the Word properly respect either Fundamentalls or Circa-fundamentalls matters bordering upon Fundamentalls and circumstantially in Religion or matters respecting Religion of greater or lesser weight we would not exclude either from being materialls of Humane Civill Sanctions 3. Matters of Religion are either such as are manifestly in the Word or such which though in thmeselves in the word and grounds of it yet not so clearly but very disputably the regulated