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A79437 The Catholick hierarchie: or, The divine right of a sacred dominion in church and conscience truly stated, asserted, and pleaded. Chauncy, Isaac, 1632-1712. 1681 (1681) Wing C3745A; ESTC R223560 138,488 160

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of a Gospel-nature cannot be alter'd from their nature by any subsequent Law of man thus appears To change religious Indifferencies into Necessities is to make a Law for Christs Worship that Christ never made nor gave any man power to make but none may make a Law for the Worship of Christ which he never made nor impowred any to make Ergo the Major is without doubt if the indifferency confessed be in the worship of God then when it 's by any Law made necessary it 's still in the worship of God and being appointed so by a Law becomes instituted Worship by a Law which Christ never made The Minor appears in that none may do so i. e. institute Worship or circumstances of Worship by a Law that is not Christ's 1. It 's his Prerogative to exercise a Legislative power in his Church 2. Christ knows onely how he will be worshipped and it must be founded on his revealed will which is our Law 3. None might adde to his Laws under the Old Testament Deut. 4.1 2. much less under the New where there is less of Ceremony and Circumstances Rev. CHAP. XIII Of the power of the Church in matters indifferent § 1. WHen we come to discuss the power of the Church it 's very requisite to unfold the meaning of the word Church there being no word under which lieth more Amphibology Many understand a Church a material building or place of meeting for the worship of God being consecrated and set apart for that use and for the Propriety and Antiquity of this usage and acceptation of Ecclesia learned Mr. Mead very much contends We shall not stay upon this sence because none that will oppose us in the present controversie will insist upon this sence so far as to say that the Legislative Power is to be found here A Church is also in other sences spoken of Some say every Nation where Christian Religion is owned by ruling Authority and by the generality of the people professed is a Church Some call a Province a Church a Diocess a Church a Parish a Church so that it 's more or less extended and comprehensive and it 's usually the sence of Protestants that assert a Churches Legislative Authority in matters indifferent Others say there is no national Churches under the Gospel though there be Churches in every Nation and that properly there are no particular Churches but such who freely and voluntarily combine together in bonds of Society for the worshipping of God according to his revealed will and walk accordingly Various are the Sentiments and Disputes about a Church and the nature of it the consideration of which will not be so much our concern at this time But there is another way of the usage of Church wherein there is greater ambiguity which is very much to the matter in hand that we rightly understand it viz the emphatical use of the word The Church so many mens Writings and Argumentations being filled and confounded with it now a days that who can tell what they mean by The Church The Romanists say the Church hath determined this or that and when we enquire what that Church is they say the Catholick Church which being rightly understood is the true meaning of the Church according to that rule Aequivocum per se positum stat pro famosiori significato the Emphasis putting the word upon the highest and largest signification but when we come to a farther disquision of their meaning they tell us the Church of Rome is the Church and all others that dissent or separate from the Church of Rome are not the Church or of the true Catholick Church Many Protestants also that speak of the Church do not understand the Church of Rome or the Catholick Church but some particular National Church viz. of France England Spain c. but when we enquire what this Church is they will tell us it 's the body of the Clergy met together in a Convocation by a few Representatives to make Laws and Canons and Ecclesiastical Constitutions the executive power whereof is in the Bishops and their Courts so that when these few men have made Laws or exercise Ecclesiastical power compose Forms of Prayer or establish Ceremonies at their pleasure they say the Church did it These two sorts of men make use of this great commanding Word the Church and by this equivocal term sounding so loud of an uncontroulable Prerogative they suggest unto poor well-meaning people on the one side that all that the Pope and the Church of Rome doth on the other hand that all that the Bishops and their Courts do is done by the Church as if it were the whole Vniversal visible Church It is not my present task here to enquire what is the true meaning of the Church according to the Scripture-acceptation or the most true Logical notion thereof whether it be a Genus or an Integrum or totum Aggregativum I shall onely in the ensuing Discourse apply my self to the most rectified sence of those that do defend the Legislative Authority of the Church and if they will not start from all right Reason and Rules of Logick their sence must be That the Catholick Militant Church is The Church whether it may be Organical according to Scripture-constitution we argue not now constituted of Subordinate parts first National or if you please Patriarchal before that of National made up of Provincial Provincial of Diocesan Diocesan of Parochial and this ought to be the sincere meaning of The Church without prevarication in the sence of those beforementioned § 2. Now the main thing in Debate between the Assertors of the Churches Authority and the Dissentors from it is Whether the Church may exercise such a Power as may change Indifferencies in the Worship of God into Necessities Which we hold in the Negative and say That Christ hath never granted such Power unto the Church he hath granted an Executive Power unto his Church but never a Legislative Power for all lawful power that any Church hath it must have it from the Lord Jesus Christ who hath all power given unto him in Heaven and Earth and is the peculiar King of his Church and hath taken care for the right Ordering and Governance of it in all things necessary as to Salvation so to Order and Discipline And therefore what is not derived from the Lord Jesus Christ cannot be allowed to be lawfully exercised 'T is true if it could be shewed where Christ ever granted it by his Charter to his Church that in some particular concerns she might exert a Legislative Power the dispute would soon be ended but no such Charter could ever be shewn § 3. If any such Power be granted by Christ it must be granted to the Catholick Church Militant or to particular subordinate Churches but 't is not granted to either of them Ergo. Not to the Vniversal Church because it is not organized with Officers capable of a Catholick Rule unless we
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
worship of God all being alterable in Addition or Substraction by the will and pleasure of man He may alter the Modes and Dresses of the Church in all matter of Ceremony at least that the Church will be liable to as many new fashions as an English man as one Magistrate may change his own Laws so many will change one anothers one it may be being Popish another Episcopal a third a Presbyterian So that if the Magistrates Laws must binde the Church Ecclesiastically it may be bound and unbound a hundred times in a few years and put on as many Shapes as Proteus for still as there is new Lords so new Laws But where there is a permanency and unchangeableness of Lords and Lawgivers there will be a certainty and stability of Laws as always under Christs immediate Legislation 3. If this power be allowed to a Magistrate as such then to a Heathen Magistrate and he may make Laws according to his Religion viz. that Christians should eat Meat sacrificed to Idols which eating in it self is an indifferency 1 Cor. 10. But I would fain know whether any of the strenuous Protestant-contenders for the Magistrates power in this kind would not think it a great sin both for the Magistrate to make such a Law and for any Subject knowing of it to obey him in it Again a Jewish Magistrate may make a Law that all should be circumcised because Paul determined it to be but an Indifferency after the abolition of the Jewish Law a man might cut off his Foreskin or let it alone Circumcision was nothing and Vncircumcision nothing it was but the taking away or keeping a little fleshie skin But I would ask whether if any Magistrate should make such a Law that all the Males in his dominion should be circumcised whether every conscientious Christian would not then suffer much before he would be circumcised saying as Paul That if they were circumcised by virtue of such an Imposition Christ would profit them nothing And this is the Doctrine preached by him to the Galatians § 3. Christ hath not granted any such power to a Christian Magistrate as a Christian merely if so it will follow 1. That one Christian may institute a way or mode of Worship for another 2. That a strong Christian being a Magistrate may force the weak to use all those things that he calls indifferent though the other call them and reputes them unlawful and sinful 3. If the Scales of Providence turn and the weak Christian be made the Magistrate he may pay home the strong and make a Law for him to punish him if he use that as an Indifferency which he esteemed so and so binde him up in many things from walking by the Rules of Expediency 4. Every Magistrate that calls himself a Christian must be allowed the Christian's power though never so prophane erroneous or heretical for who dare controul him so far as to say he is no Christian or to wrest the Ecclesiastical Sword in this kind out of his hands if it belong to him quâ Christian Or how dare any to say he is not a Christian so and so qualified and therefore hath not such a power Neither is it fit any exception should be taken in this manner for we know nothing lies more open to censure than Magistrates Religion and if every Subjects humour must be a Standard to the Magistrates Religion all things would fall as certainly to confusion on that side If you allow such a power to him as Christian so he professeth himself and so he takes it and it 's too late to dispute with him about his Sincerity and Qualifications under that denomination he took the Sword by your allowance and hath now more wit than to part with it upon every humoursome exception made against the strictness or modality of his Christianity 5. If as a Christian then such a power is a proper adjunct of a Christian and every Christian should have it but nothing is more false and absurd than this § 4. Arg. 2. That which destroys Vniformity in the Church ought not to be allowed but for the Magistrate to exercise such a Legislative power destroys Uniformity in the Church Ergo not to be allowed The Major will be granted by our Contenders for Vniformity in Ceremonies The Minor is evinced thus it certainly hinders and destroys Vniformity in the Catholick Church and that which destroys Uniformity in a Vniversality is the most universal enemy to it for if every Supream Legislator in each Nation may dress up the National Church in a suit of Ceremonies shred out of Indifferencies according to the imaginations of his own brain in which Ceremonies the great Uniformity contended for doth consist there can never be an universal concord of all Nations of the English Greeks Romanists c. to perfect and compleat the most beautiful and necessary Vniformity All other ceremonial Uniformity which men undertake to plead for is but Vniformity in Independency Disunion Disagreement if not Schism it self for though it be National yet if it be not Vniversal it 's but a particular Church in a way of separation from other Churches as an Independent Congregation in a Parish that is Uniform within it self in judgment and practice but disunited and separated from the Parish and all other sorts of Churches whatsoever Now if the stress of Vniformity lie here as these men plead it cannot stand upon this basis of the magistrates power for there will never be the sameness of Ceremonies in all places Rulers being so adverse to each other that they glory rather in a contrariety of Laws and Customs than are ambitious of having the same And let it be considered whether the giving this power to him doth not cut the very Throat of Vniformity in the Catholick Church and lay the very Seed-plot of Schism and Division Hence those Principles that lay the undoubted ground of Uniformity in a universal Head Ecclesiastical do go upon far surer grounds of Reason for the effecting it than those that pretend and designe to effect it by the Magistrates power as we have shewed before § 5. Arg. 3. He that may not assume to himself the Executive power of Ecclesiastical Laws cannot enact Laws of the same kind But the Civil Magistrate may not assume to himself an Executive power c. Ergo The Major is evident because he that maketh Laws may undertake also the Executive part or dispose of it by deputation And the Argument of the Major is from the less to the greater for the Executive power is primitively in the Law-maker and cannot become anothers but by derivation from him Minor but the Civil Magistrate hath no such power conveyed to him c. I mean Judicial Ecclesiastical Execution according to the true intent of the Law for Christ's instituted Worship It is true so far as Civility and Morality is to be maintained in Religion and in the Churches as well as Families and other Societies therein they
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
sticks And setting aside much of the severity which appeared in that more legal Dispensation which was both Typical and Temporal and much of it in special cases and by special command by God It would be accounted very severe now to put a man to death for prophaning the Name of God though it were by repeated acts of such horrid cursing and swearing as is frequent now-a-days or for prophanation of the Sabbath c. Then setting aside the relation the Judicial Law had to the Levitical and necessary dependance on it which is ceased and considering that our Judicial Laws cannot so much depend upon Evangelical instituted Worship Christ having not so strictly tyed Church and State under a necessity of the same Emergencies as he did the Jewish Oeconomies I conceive likewise the just proportionating of Penalties in this kind ought to be done with great caution and depends much on the Magistrates prudent management of the Helm of Government for the safety and preservation of the Christian State and Penalties cannot be positive and unalterable because cases do so frequently differ in the aggravating circumstances § 25. The Christian civil State ought to be very neighbourly and cherishing to the Ecclesiastical and the civil Magistrate is to improve his Magistratick capacity to the utmost for the interest of Christ's Church and advantage of the Gospel 1. By subordinating as much as is possible all State-interest to the interest of Christ in his Church 2. By giving all possible encouragement to the purer Worshippers of God and to the embracers of the Christian Religion 3. By encouraging the faithful preaching of the Gospel and propagation thereof by able Ministers duely called thereto by the Church and affording them external helps and supports in so doing 4. By maintaining the Churches in the due execution of the Laws of Christ and in the enjoyment of their Ecclesiastical and Civil Liberties defending them from invasions and disturbances in Gods Worship from the rage of professed Enemies from tyrannizing usurping Imposers 5. By being a nursing Father to the Church both as a Christian in an eminent capacity going before others in the exemplary practice of Piety and calling upon all others of all ranks and degrees whatever to discharge their places in the fear of God as Hezekiak and Jehosaphat did 1 Chron. 29.25 26 27 c. 2 Chron. 19.8 9 10. and as a Magistrate defending them by his power as hath been said CHAP. XVIII Of a Christians Duty in case of Humane Laws in matters religiously indifferent § 1. IN the next place it will be necessary to speak something to a Question of no less weight than any of the former for it is said that though it should be granted that no power Civil or Ecclesiastical can Jure convert Indifferencies in Worship into Necessities by a Law yet it 's inquired in case any humane power assume so much to it self as to do it Whether a Christian is not bound to yield active Obedience unto the said Laws and those that affirm it produce these Reasons to enforce it 1. That every one is bound to be subject to their highest powers Rom. 13.1 2. That such Laws are not contrary to the Law of God because God hath nowhere declared himself against one part of the indifferency more than the other but hath left both equally lawful to be practised according to the rules of discretion And why may not the Church or Magistrates discretion binde a Christian to obedience to his command as most expedient the Church or Magistrate being better able to judge of an Expediency than a private Christian 3. Because if in a thing indifferent the least offensive part is to be chosen then surely that part which fulfils the Civil or Ecclesiastick Law for it is a greater offence to offend the Church or Magistrate or both than to offend a particular private Christian or company of Dissenters To the first I answer by way of concession That a Christian is so bound as Rom. 13.1 but 1. That place is to be understood of Civil not Ecclesiastical powers as the Context shews 2. If it be understood of Church-power as that Heb. 13.17 Obey them that have the rule over you it 's to be understood of such as Christ hath constituted Church-Officers and of obedience to an Executive power committed to them not of a new assumed Legislative power never allowed to them To the second I answer That such Laws are contrary to the Word of God for 1. Essentially they are contrary to the Word of God it being the revealed Will of God in his Word that they should be Indifferencies and remain so not to be made otherwise by any Law for where God hath granted a Liberty or Latitude in the use of any Creatures or Actions there to make or prescribe a religious limitation by a Law is absolutely unlawful and directly contrary to the Word of God It 's express Acts 10.13 14 15. where Peter though an Apostle is charged not to put a religious difference where God hath sanctified things to our indifferent use much less might he prohibit the Church from using any Creatures or Actions made by God indifferently holy therefore when it 's the Will of God that a thing be indifferent it 's contrary to the Will of God to impose it as necessary 2. Such Laws are circumstantially evil and contrary to the Word of God because they hinder the free use of Christian discretion where God would have it used and Ergo hindreth an Ordinance of Christ Besides it necessarily obligeth to evil whenas the expedient good is found by a Christian to be in that part of the Indifferency which is contrary to the humane Law And besides God having left both parts of the Indifferency equally lawful and declared it so in his Word for man to declare one part unlawful or make it so by a Law is to make a Declaration or Law contrary to the Word of God Neither may a Magistrate or Churches judgment binde a Christian to practise any further than it brings light with it for no man must walk by an implicit Faith in the matters that concern the Worship of God and the salvation of his Soul To the third Alleg. That part which fulfils the Civil or Ecclesiastical Law for Will-worship is not the least offending part but the most for the yielding free active obedience to sinful Laws is not onely sin in the person obeying but the highest degree of scandal to the person commanding it being the edification of him in sin whereas the refusal of active obedience in such a case is no offence given but onely a just cross of a perverse Judgment and Will Again if any action be such as will offend justly the least of Christ's members it must needs be contrary to Gods Word and I may not grievingly or sinningly offend any of Gods children that I may gratifie and fulfil the Will of man We must rather chuse that part of the