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
Because man cannot force either the mind or heart wherein Conscience partaketh either to think judge or chuse after their mindes or Laws other than what themselves chuse though they may force the outward man Nebuchadnezar doth his pleasure with their bodies in Dan. 3. yet ver 17 18. they will not serve his Gods 4. Because men cannot reward Conscience with any reward suitable to it as inward peace or comfort c. in case of obedience to their Laws God alone giveth soul-comfort 2 Cor. 1. 3. 5. Because men cannot punish the soul and spirit thought it should disobey their commands they can onely kill the body but not hurt the soul Mat. 10. 28. 6. Because if mens Laws of themselves bound Conscience then at the day of Judgement men should not be judged onely according to the Word and Laws of God and Christ as is affirmed Rom. 2. 14 15. John 12. 48. but according to mans Laws also 7. Because it is possible that mens Laws though supposed to be according to the Word yet they may not really be so Now if mens Laws did formally bind Conscience then men should stand Conscience bound sometimes to transgress the rules of Gods Word by virtue whereof alone all mans Laws do bind True it is that Rom. 11. 3. Subjects are to obey Authority for conscience sake but not as out of Conscience to mans Laws as humane but by virtue of the fifth Commandement requiring honour of subjection to their Superiors lawfull Authority and commands and by virtue of any such particular Scriptures upon which any particular Laws of Churches are grounded Now let us lay down some positive Conclusions about this Nomothetique power Concl. 1. First then in the general we affirm That highest Civil Authority in a Religious State may make Political Laws properly such about matters of Religion and matters respecting the Churches of Christ R. 1. Because supreme Political or Civil power of Authoritative keeping the first as well as the second Table is the Civill Rulers both duty and privilege But Nomothetique power about both Tables is such supreme power And hence the King and Judge in Israel is charged with keeping the whole Law of Moses Deut. 17 19. 1 Kings 2. 3. Josh 1. 7 8. Hence that Coronation Ceremony of delivering the Book of God into the Kings hand when to be installed in his Throne 2 Chron. 23. 11. Hence 2 Chron. 13. 10 11. For we even King Abijam and the rest of his Princes and others keep the charge of the Lord our God but you have forsaken him Why did Abijah minister to the Lord in burning Incense c. No he expresly saith the Priests did it How did he and the rest of the Civil State keep the charge of the Lord Surely in a way opposite to Jeroboam and the Israelite states forsaking the same as the opposition of the one to the other in the Context sheweth now this was by Authoritative commanding the setting up of corrupt Priests and injoyning the corrupt Worship and Service and inhibiting deposing and banishing the fruitfull Ministers of Gods appointing 2 Chron. 13. 9. and chap. 11. 14 15. Hos 5. 1 2. 11. compared Abija's keeping then with his Princes that charge of God was by a contrary Improvement of his Authority in establishing the matters of God and of the Church and of the Ministry thereof and the Ebrew text is Emphaticall VVe have kept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the keeping of the Lord our God God required the highest Ruler to look to it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he keep all the words of this Law King Abijah saith we have kept the keeping of the Lord our God or the keeping of Gods Laws injoyned us by the Lord our God Now Nomothetique power in matters of the first as well as the second Table is supreme Politicall power in keeping of both Tables Ergo Nomothetique power in matters of both Tables is the Civill Rulers dignity and duty why else is the Law-giving power Indefinitely considered respecting matters of Religion or righteousness annexed by God to the Scepter or highest Civill power in a State of his own appointment Gen. 49. 10. Papists indeed generally give Nomothetique power in matters of the Church and of Religion to the Pope as the head of the Church and no wonder in that they give him Supremacy above highest Civill Rulers as Emperors or Princes other Papists give that Legislative power to the Church Representative in Synods and no wonder in that they exempt the Clergy from the secular Arm unless first degraded and delivered to them by the Pope but we that know that Church Officers and Members as that of Rome was must be subject to higher powers and that for conscience sake to the Lord who hath so Marshall'd as the Greek word beareth it them and us making them as Laws in an Army to lead us the way and according to this great Generall of the fields order Politically to choose out our way for us Job 29. 25. Rom. 13. 12. we may have learnt better things We know that when God commended his Laws about Religion at first to his People allthough he had Aaron the High Priest as well as Moses the highest Magistrate before him yet Aaron must not promulge those Laws and give them in charge Autoritatively to be kept or else in such and such cases to be corporally punished but Moses the Magistrate is chosen to be the man Manifestly shewing thereby that the care of Civill Injoyning and ordering the matters of God formerly injoyned by himself is committed by God to the chief Magistrate and to no other when Moses was dead and Aaron both God took the like course he layeth not the charge of highest Politicall keeping both tables even all his Law upon Eleazar the high Priest or upon the rest of his Bretheren with him but upon Ioshua the chief Judge and Civill Ruler Iosh 1. 7 8. R. 2. If Highest Civill power may and must root out all abusive practise yea Monuments of Religion then may they make Edicts decrees to that end with reference to Civill punishments of such as maintain or uphold them But the former is true therefore the later The proposition is evident since the Politicall Humane Law must Politically legally give force Authority to such proceedings and leave the Actors and Abettors the more inexcusable The Assumption is evident by the rule of Gods proceeding in Church-Reformations Esay 1. 25. God saith there to the Church I will partly purge away thy dross and take away all thy Tin even all Church corruptions and corrupt mixtures in Religion what course will God take for this end he saith verse 26. I will restore thy Judges as at the first and thy Counsellors as at the begining after that c. they should be then such as their first Judges were Moses Ioshua c. who were zealous that way Exod. 32. Numb 22 and such like as their first Sanhedrin of 70 Elders
way it is according to the Mind and Word of God And this now sayd may help also to take off another Objection Obj. 2. Some object That then Heathen Kings as they are Civill Magistrates have right to make Laws about matters of Religion and of the Church although not able to doe it not knowing the Matters of God or of Churches and not Members of the Church and so not censurable by the Church which were to make a King-Pope to give out Laws to the Church and not to be censured by the Church Ans 1. We especially intend the Conclusion of a Magistrate regulated according to the rules of the Word of God whose Minister he is and so the Civill Magistrate is no Heathen or Ignorant of Religion or out of the Church If he be otherwise it is his sin that way See more pag. 48. 2. Although the Civill Magistrate fail in that part of his duty that he knoweth not the Lord who girdeth him with that Princely girdle yet that sin in that particular doth not wholly Is 45. 1. 4. 5. excuse another sin of omission of another duty namely Authoritatively to keep the first second third or fourth Commandement Rulers may be Ignorant of many matters of the second Table and disabled so far from making good coersive Laws about them yet both are sins of omission In both he hath a right essentially and actu primo but in respect to the execution of that Nomothetique right in reference to matters of the first or second Table he hath that power virtually onely 3. Heathen Kings not of the Church and not censurable by the Church may give out Laws to the Churches under their jurisdiction touching matters of Righteousness and Honesty yet that maketh them not King-Popes no more doth the other Nebuchadnezzar might as commendably make a coerfive Law upon civill penalty against the Jewish Church Officers or Members under his jurisdiction as execute any such corporall punishment upon them both for false Doctrines vented by them under pretence of Gods name a sin against the first Table as also for committing Adultery for a Law made that way doth leave the subject more inexcusable and had been no other than a politicall Legislative Sanction of the Laws of God whose Minister considered as a civill Magistrate he was the Lord himself by law having made such sins capitall Deut. 13. 5. Lev. 20. 10. Now that exemplary act of Justice in Nebuchadnezzar upon a member of the Jewish church under his jurisdiction as well for false Doctrine as for Adultery is renowned and a form of Imprecation thence borrowed Ier. 29. 22 23. The Lord make thee like Zedekiah and like Ahab whom the King of Babylon rosted in the fire because they committed adultery with their neighbours wives and have spoken lying words in my name which I commanded them not even I know and am a witness saith the Lord. 4. When Heathen Kings come to know their duty in matters of the first or second Table and accordingly they establish Laws about Religion they doe it not now by any new right when Christians and knowing Christ no more than a Parent becoming Christian and knowing Christ giveth out parentall commands to his children with respect to bodily corrections if they do not such and such Religious duties doth this by any new Parentall right which he had not intrinsically when Pagan The case is alike in those Fathers of the Common-wealth 5. Heathen Kings whilst Heathen may and must make Laws about the matters of God and his Religion so far as their right guiding light extendeth else should they hold the truth of God in unrighteousness now it s certainer that they whilst Heathen have or may have much light so as to see into matters of the true God and of his Religion 1. By the light of Nature Heathens know and have known that there is a God that he is one God that he hath made all men as his Offspring that he is to be worshipped according to his spirituall nature that he is to be called upon that he is not to be blasphemed nor belyed nor called to witness in a false thing that images of him are not to be made that men are not to take his name in vain by rash or false Oaths that some time is to be set apart for his Worship and the like Rom. 2. 14 15. By the work of the Law within their hearts many things contained in the Law may be and have been done 2. The light of Gods Works both of Creation and Providence may help them much this way Rom. 1. 18 19 20. see more Ezek. 36. 23. 36. 38. 16. 39. 21. 28. The notable Providence of God rescuing by his Angel Shadrach Meshach and Abednego from Nebuchadnezzars fury for not worshiping his Idoll of gold made him make that coersive Law mentioned Dan. 3. 28 29. Therefore I make a Decree that whosoever shall speak amiss of the God of Shadrach c. shall he cut in pieces c. 3. They may have some common light of the Spirit that way communicated by means of some of their godly subjects whence such expressions of that Darius mentioned in Ezra 6. 10 12. and no wonder then he make that penall Decree ver 11. Also I have made a Decree that whosoever shall alter this word let timber be pulled down from his house and being set up let him be hanged thereon and let his house be made a Dunghill 4. None will deny to Pagan Princes a right of Authoritative praising and incouragement of such as doe well in regard of duties either of the first or second Table to which also God in speciall wise stirred up the spirit of Cyrus the first Ezra 1. 1 2 3 4. Though he knew not the Lord savingly then Isaiah 45. 4. 44. 28. compared And why shall not Heathen Rulers have a right with like latitude of respect to first or second Table to be a terror to evill doers by making coersive Laws for that end so far at least as their right guided light extendeth yea we have shewed before divers of them are in Scripture commended for this So that the truth hereby is further strengthened thus That which Heathen States Kings and Princes remaining Heathen have done and been commended in Scripture for doing it as Princes or higher Civill powers that must needs be essentiall to them as higher Civill powers and imitable by others in like Civill power but as hath been formerly declared such use of Legislative power by Heathen Higher powers as Higher powers making coercive Decrees in matters of the Religion of the true God hath been commended in Scripture therefore such use of the Civill Legislative power is essentiall even to Heathen Rulers and imitable by all others in like Civill power Obj. 3. God hath left others to Govern and Feed his Church 1 Cor. 12. 28. Eph. 4. 8 11 12 13. who must give an account of their soules And the
respecting Christ our blessed Prophet and high Priest and Counsellor Esay 9. 6. Which Prophet whosoever shall not hear shall be destroyed from his People Acts 3. 22 23. But respecting the Ministers of the Churches of the Gospel from whom the mind and sentence of God in controversall cases is to be sought by all sorts and being found is to be followed by all sorts whence that by allusion to the Priests under the Law yet respecting the time of the Gospell Ezek. 44. 23 24. And the id est the Priests shal teach my People id est Members of Churches whether Civill Rulers or Subjects the difference between the clean and unclean and cause men to discern between clean and unclean And in controversie they shall stand in Iudgement and they shall Iudge it onely with this limitation According to my Iudgements where by Judging he intendeth the Ecclesiasticall Judging which appertaineth to Church-Officers and not a Civill and Politicall Judging which is peculiar to the Civill Magistrate of which more anon Conc. 3. That Civill rulers are to call upon the Ministers of the Churches under their Jurisdiction to expound the whole Counsell of God to their people especially about such matters of Religion or of the Church as they are by Law to Establish Hence that Act of Iehoshaphat sending abroad the Priests and Levites to teach those Cities the mind and Counsell of God what was according or repugnant thereunto before he sent out Civill Judges to deal in their Judiciall way with them concerning matters of that nature 2 Chron 17. 7 8 9. compared with Chapter 19. 4 5 6. Conc. 4. That in all matters of Religion or of the Church the Laws which Civill Authority do establish they must establish them by and with the consent of the people either in themselves or their representatives this strengthning their Politicall Laws that they bind Scientes Volentes As Asah willing to make a binding Capitall Law about Religion by his Authority he summoneth the people with whose consent it is made 2 Chron. 15. 9. He gathered all Judah and Benjamin c. and they decreed that vers 13. That whosoever would not seek the Lord should be slain So Jonah 3. 4. It s said the people believed the Lord and proclaimed a Fast but vers 7. that business of the decree for the Fast is applied to the King as his Act by the consent of the Nobles or chief heads of the people and so representing the people by the light and Law of Nature these Pagan Ninevites learned this to be an orderly way of making such like decrees in such like matters of Religion it self whence also was that course taken in the case of a coercive Law to be made about a business of Religious worship for the matter of it allthough in the form of that worship to be decreed of it were devilish It is to be made by the representative Estates of the Persian Kingdom which being a Kingdom was then to be established by the King Dan. 6. 7 8 9 The rulers of thy Kingdom the Officers and Governors the Counsellors and Dukes have consulted together to make a decree for the King and to establish a Statute that whosoever shall ask a petition of any God or man for thirty dais save of thee O King he shall be cast into the Den of Lions Now O King confirm the decree c. When Iehoshaphat was to make that Order about the particular matter of Religion He consulteth with the people 2 Chron. 20. 21. And When he had consulted with the people he appointed singers unto the Lord and that should praise the beauty of holiness as they went before the Army and to say Praise ye the Lord for his mercy indureth for ever Which may serve to take off that offence of some against politicall Laws to be made this way because it will be a forcing of Christian people in matters of Religion since the Laws which are made that way are virtually and interpretatively made with their own free consent As made either by their own free consent personally if not too great a body to be ordinarily called together in one Assembly or at least by their own free consent in their Representatives where the body of the people eannot ordinarily be called together to debate such matters or express personall consent to the Laws which Civill Authority do make about matters of Religion or of the Church which are in themselves doubtfull and not meerly made so by mens wiles and Satans sleights They must be made with great latitude and tender respects to such as are really and truly tender in conscience even Politicall â—hepheards must not over-drive their Flock and such Lambs would be carried in their armes A fourth instruction from the Premises if Civill Authority are so to restrain and punish such matters then are they in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not Else shall they sin in a high degree in censuring Politically that as contrary to the word of which they have no right nor power to determine politically either one way or other Job who was a right godly man Job 1. 1. and a man of chief Civill rule in this Country as chap. 29. 7. he had a chief place in the Gate in the seat of Judgement verse 9 even Princes kept silence when he was to speak He Judicially delivered the Fatherlesse verse 12. Brake the Laws of the wicked verse 17. and verse 25. I chose out or as the Geneva Translation hath it I appointed out their way and sate as a King in an army as the Generall of the Field hath with his Councill of War being the highest Military power chief Military Judgement both what Military Orders to make about the common Souldiery and what courses are most advantageous or disadvantageous to the good of the whole or what acts of the Souldery are to be punished or contrariwise incouraged and what particular rewards or punishments such or such particular facts of the Souldiery deserve in way of subordination and conformity unto the Laws of that higher Civil power whose Military Ministers they are so have highest Civill Authority in religious States the like highest politicall Judgement what acts of the outward man respecting Religion are to be incouraged or discouraged in their subjects and in what way and what orders to make for that end so as in way of general conformity and subordination to the Laws of God and Christ whose Ministers they are and so as may be warranted from the Word of God either expresly or by just consequence Job did not leave every one under his authority to chuse what way themselves pleased or judged the best either in matters of Religion or of Righteousness but he in his authoritative politicall way determined that for them he appointed and chose out their way Nor doth he mention this as any injustice in
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
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
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