then the Duty of Magistrates even when they were Enemies to Christ both to believe in him and to imploy their Power for the Advancement of God's True Religion and VVorship for this they were morally oblig'd to do from the nature of their Office. And therefore Christ's imploying the Gospel-ministers in a Ministerial way doth not dissolve those Obligations that lie upon tho Magistrate by the moral Law of God to take care for the Advancement and Security of True Religion for seeing the Office of Magistracy is contiuned under the Gospel we need no New Testament-Precepts to inforce his Duty in this respect which is incumbent on him not immediately by any Gospel-precept but by a previous Obligation antecedent to the Gospel-Ministry which is moral and perpetual inherent in his very Office and Dignity that having Authority from God and being in his Stead in the world should imploy his power best for God's service and glory And as the Magistrate is not disoblig'd to promote and preserve True Religion under the Gospel from the office of the Gospel-Ministry imployed to that end neither is it disagreeable with the Gospel Dispensation that he should do so more than formerly under the Law for the difference between the Law and the Gospel doth not lie in any of the moral Obligations of Religion but chiefly in the Positive and Typical and Ceremonial part which is now fulfilled by the Coming of Christ and so done away but the moral part is still the same as under the Old Testament and those few positive Doctrines and Institutions that are peculiar to the Gospel are all included in the moral Law for the First-Table Commandments do comprehend all the Doctrines and Ordinances of the Gospel and require belief of them and obedience to them and indeed the moral Law doth comprehend the whole Duty of man for it requireth Belief in whatsoever God shall reveal and Obedience to whatsoever He shall command Now I argue thus That if the whole Law of God be the Foundation and Rule of Laws and Magistracy as we noted before then certainly the Magistrate is Keeper of both Tabâ—es of the Law or else he is Keeper of neither Hence it will then follow that all the Gospel Institutions thus included in the First-Table-Commands are under the care of the Magistracy as well as those Duties that respect the Second-Table-Commands Thus 't is very clear That the Magistrate under the Gospel is bound by the Law of God to imploy his power and care for true Religion and the VVorship of God. And if so then he ought no doubt to make Laws for the promotion and support of it for that the power and office of Magistracy is exerted by Laws to which Laws 't is necessary that there be a Sanction of Penalties upon the Breach of them for if the Magistrate have only a mandative and preceptive power in the matters of Religion and not power to inflict Penalties for the Violation of Laws he may be said to bear the Sword in vain in that respect And 't is necessary to Laws that they be backed with Penalties not only to further obedience but also to maintain the honour of the Law and the authority of the Magistrate But as to the Magistrates forcing persons to believe in Christ this he cannot do because Faith is an Act of the Understanding and the VVill but where the Faith of Christ is not generally professed he may both require the Attendance of the Person on the publick preaching of the Word and also prohibit and suppress all publick profession and practice of Idolatry and false Religion But this is not the Case in such Governments where all have taken up the profession of Christ and his true Religion at least in the speculative and doctrinal part of it and have vowed by Baptism to adhere to that Religion both in profession and practice Also where some have taken on them the Ministerial Function in the Church and thereby have obliged themselves to the Duties of the same In these cases doubtless the Christian Magistrate may according to the example of good Kings under the Old Testament require and cause by good Laws both Ministers and People to do their respective Duties in Religion and impose penalties for defections or neglects agreeable to the merit of the fault and for grievous Offences against Religion as Idolatry Heresie Blasphemy c. when they are certain and apparent may doubtless inflict corporal punishments after the example of God's own Laws And that the infliction of corporal punishments for great Offences against Religion is not disagreeable with the Gospel Dispensation appears plainly by the Examples of St. Peter Act. 5. 10. who using an extraordinary Authority above that of the Ministry did wonderfully put Ananias and Saphira to death for Sacril dge and Lying and Paul strook Elymas the Sorcerer with Blindness for opposing the Gospel Act. 13. 11. which miraculous waies of punishments were accommodated to that present state of the Church in the want of Christian Magistrates to succour and desend it who were then so far from maintaining the Interest of the Church that they were the greatest Enemies to it and Persecuters of it But yet nevertheless those Examples prove that corporal punishments for great Offences against Religion are consistent with the Gospel Dispensation Thus I hope I have sufficiently proved the power and duty of the Magistrate under the Gospel to promote and maintain by Laws the True Religion and so pass on to the Second Question QUEST II. Whether it be lawful for the Christian Magistrate to give a general Toleration of all Religions or what Liberty in Religion he ought to allow Answ TO this I answer in the Negative That he may not give a general Toleration of all Religions Put what hath been laid down aâ—d proved in Answer to the former Question may indeed serve for an Answer likewise in part both to this and the following Questions which will be easily and plainly answered in the Negative upon supposition of the Truth of the former Hypothesis namely That 't is the Duty of the Magistrate to promote and maintain the True Religion From thence it will follow that he may neither give a general Toleration of all Religions nor the Subjects Consent to such a Toleration or to the repealing the Laws that establish and preserve the True Religion That he may not give a general Toleration of all Religions I urge therefore First From the Inconsistency of giving such a Toleration with his Duty to promote and maintain the True Religion for thence it will follow that he ought not willingly at least to tolerate any but the True Religion and that he ought also to endeavour by all expedient and lawful means to suppress and exterminate all Idolatry False Religion And tho' as we noted before the Magistrate cannot force any without the Visible Church to believe in Christ yet no doubt 't is his Duty where the True Religion is not generally
FOUR GRAND QUESTIONS PROPOSED And Briefly ANSWERED Wherein is Discoursed The Authority and Duty of the Magistrate in the Matters of RELIGION The Unlawfulness of a Toleration and General Liberty of Conscience The Divine Right of Christian Liberty in Things Indifferent The Unlawfulness of Repealing the Laws against Popery and Idolatry LONDON Printed in the YEAR 1689. The PREFACE IT cannot but be generally understood what an abundance of Heats and Animostties have been raised in the Nation about a Toleration Liberty of Conscience and Repealing the Laws about Religion which have been pleaded for by many whether with greater vehemency or with greater absurdity is hard to say for the Lawfulness of it hath rather been supposed than proved by any For whilst they have been considering how to secure a Toleration and Repeal the Laws that establish Religion they never considered Whether it could be consistent with the Office and Duty of the Christian Magistracy to do either one or the other Tho' such a Toleration and Repealing the Laws doth carry in it nothing less than an Exemption from the Obligation of all Humane Laws in the Matters of Religion which must necessarily suppose no Authority nor Duty incumbent on the Christian Magistracy to take Care for True Religion and the Worship of God which if that could be proved would be indeed the strongest Arguments of all for a Toleration and Repealing the Laws and unless that could be proved whatever Arguments else may be brought for it from other Respects and Considerations they are of no Force if this be taken for granted That 't is against the Duty incumbent on the Government by the Law of God to do it And tho' there are indeed weighty Arguments against such a Toleration and Repealing the Laws drawn from the ill Effects Means Ends of it yet this Argument seems to be most cogent and of greatest force that is drawnfrom the fundamental and principal Cause why 't is Vnlawful namely Being against the Office and Duty of the Christian Magistracy Vpon this Principle therefore I have alwaies been perswaded â—…at not only a general Toleration but Repealing the Laws was â—…orally Vnlawful unless better Laws could be made by the Government to Secure Religion which no man of Sense can think unless such Laws have also a Penalty for What Force or Obligation can Laws have to this End without a Penalty I have therefore in this little Treatise under the following Questions as compendiously as possible proved the Magistrate's Office and Duty about Religion to be Moral and Perpetual and not belonging to the Old Testament Administration only from this as a Principle I have argued the Vnlawfulness of a general Toleration and of such a Liberty of Conscience as is opposed to all Humane Authority and Laws in the matters of Religion yet nevertheless lest any should hence conclude That a Humane Authority can impose Laws on the Church in things of Religion not necessary or commanded by the Word of GOD I have proved the Divine Right of Christian Liberty in things Indifferent especially if the same Indifferences be matter of Doubt or Scandal and That the practice of such a Liberty in Religion in things Indifferent tho' restrained by Laws is no matter of Scandal given nor any Assent to a general Toleration or the Dispensing Power And in the last place I have proved the Vnlawfulness of Repealing the Laws against Popery and Idolatry and Answered the most specious Pretences alledged for it If that which is here briefly discoursed may obtain its designed end to set the Judgments of some men right in those great and weighty points the Author will have his end in exposing the same to publick view which was first composed for his own satisfaction Now to the King-Eternal Immortal Invisible the only Wise God be Honour and Glory for ever and ever Amen Four Grand QUESTIONS proposed and Briefly Answered VIZ. I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion II. Whether it be lawful for the Christian Magistrate to give a general Toleration of All Religions or what Liberty in Religion he ought to Allow III. Whether it be lawful for Subjects to give their Actual Consent to a general Toleration IV. Whether it be lawful for Subjects to Consent to the Repealing these Laws that Establish and Preserve the True Religion Of These in Order I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion BUt before we proceed it will be necessary to lay down by way of Supposition what we understand by Magistrates and what by the True Christian Religion But here we shall not meddle with the divers Forms of Lawful Government but rest satisfied that our own form of Government is either Best in it self considered or at least Best for us By Magistrates therefore we understand chiefly the Supreme Legislative Power of a Nation or of a Body politick not excluding Subordinate Magistrates also within their respective limits By the True Christian Religion we understand the Protestant Religion in those essential matters of Protestant Faith Worship and Discipline wherein it is truly such Now that the Office of Magistracy is founded both in the Law of Nature the Moral Law and also is of a Divine Institution by the positive Command of God I take for a granted Truth and will be denyed but by few All the Question then before us is About the Extent of the Magistrates Power Some will have it now under the Gospel to respect only Civil Matters and Moral Justice between Men but that he hath no Authority in the Institutions of Reveal'd Religion under the Gospel Hence it would follow that he is not oblig'd to maintain by Laws the Gospel-Institutions But the Affirmative is that which I undertake to make good and that by the following Arguments 1. From the Efficient Cause of Magistracy 2. From the Formal Cause of Magistracy 3. From the Final Cause or End of Magistracy 4. From Scripture-Precept and Precedent 1. That 't is the Duty of Magistrates to promote and preserve by Laws the True Christian Religion will appear from the consideration of the Efficient Cause of Magistracy which is no other than God himself Now God may be said to be the Cause and so the Author of Magistracy in a threefold respect viz. By his Law Natural Moral and Positive 1. By his Law Natural implanted and written in the Heart of Man by which Mankind is enabled to know and understand both the reasonableness necessity and utility of Political Government in order to promote and preserve the good of Societies 2. By his Law Moral thus the Fifth Commandment establisneth the Relation and enjoineth the Duties between political Fathers and Subjects as well as between natural Parents and their Children 3. God is also the Cause of Magistracy by his positive Ordinance and Appointment Thus he appointed Magistrates both
Ordinary and Extraordinary under the Old Testament And we find also the Office and Power of Magistracy ratified and confirmed by the New Testament under the Gospel the Apostle tells us That all Powers are of God and that not only by his providential Allowance and Toleration but by his special Assignation and Appointment therefore said to be ordained of God Rom. 13. 1 2. therefore the Magistrate is said to be the Minister of God ver 4. Hence we find that all that Justice which the Magistrate executeth is called the Justice of God 2 Chron. 19. 6. They are also called Gods Psal 82. 1 6. because they are God's Deputies and Vice-gerents representing his Presence and his Power in the World. Now it cannot reasonably be supposed that God would thus delegate his Power and Authority in the World to Magistrates and so signally dignifie and authorise them but in order to some special Service they are to do for God in the World And 't is most reasonable and morally just that the Magistrate having his Power and Authority from God he should imploy it best for his Service in the World which he cannot do but by promoting and maintaining True Religion Secondly This will further appear from the consideration of the formal Cause of Magistracy to wit The Laws for 't is the Law that giveth Form and Being to the Magistrate and is the life and soul of Government Hence are those Axioms Lex facit Regem Rex nihil potest nisi quod jure potest Now Laws do originally derive all their force from Religion because the Moral Law of God is the Supream Law of all Nations and therefore the Ground and Rule of all Humane Laws which Law of God we see doth in the first place take care for Religion and the Worship of God as the bottom and ground of all Duties of Moral Justice between men Our Saviour tells us That the first and great Commandment of the Law is to love the Lord our God with all our heart soul strength and mind Luk. 10. 27. which doth indeed include and prescribe the most exact way of Religion and Holiness that can be Now this Divine Law being both the Foundation and Directory of all other Laws it must therefore follow That all Humane Laws by which Magistrates ought to Govern should in the first place provide for True Religion and the Worship of God for the Moral Law of God being the Supream Law and Rule of Life for all Mankind is therefore the Rule of all Laws and Government and all Humane Laws that have the true nature of Laws are grounded on it or reducible to it or else theyare but Tyrannical Impositions Hence it is that the political Laws of Nations are said to have a kind of Sacredness in them which is to be understood when they are founded as they ought to be on the Principles of the Law of God their Agreement thereunto giveth Force and Obligation to them for the Obligation of Laws ariseth from the good End they tend unto and are useful for in conjunction with the lawful Authority that imposeth them So that now the Law of God being the Rule of humane Laws whereunto they ought to correspond in all the precepts thereof respectively it follows therefore that the Laws of Magistrates in conformity to the Law of God which we see giveth the preference to first Table-Duties ought also in the first place to provide for the Exercise of True Religion and the Worship of God as the ground of all other Laws that respect Moral Justice amongst men Thirdly From the final Cause or End of Magistracy which is threefold 1. The Glory of GOD. 2. The Good of Societies 3. The Good of the Church First The Glory of God which as it is the chief and ultimate end of Man so of all God's Ordinances and Institutions for the sake and good of Mankind that in and by them the glory of God may be advanced God then being the efficient Cause of Magistracy it therefore follows that his Glory must be the principal End now 't is the proper End and Use of Religion to give glory to God and without the practice of true Religion the Divine Perfections are not actually adored and advanced If then the end of Magistracy be to advance and set up the glory of God in the World he ought to set up and maintain True Religion as the greatest Glory can be brought to God in this World. Secondly The good of Societies is the subordinate End of Magistracy for as the Fundamental Humane Causes of Government is the Necessity of it for the Publick Good so the End of Magistracy in that respect is that the Temporal Good and Tranquillity of Societies may be promoted and preserved Now if there were no higher Causes and Ends of Magistracy than this as we have already and shall further prove there is yet nevertheless it would be the Duty of Magistrates to take care for Religion because 't is very certain that True Religion doth best of all conduce to the Temporal good of Societies This is plain not only from the Scriptures that assure us that Godliness is profitable unto all things 1 Tim. 4. 8. but also from the reason and experience of Mankind Therefore we see that even in those Nations that were void of the knowledge of True Religion yet those that were Legistators and Governours amongst them alwaies with their Laws mixed some Precepts of Religion and Opinion of God some pretending they received their Laws from God himself Whereby we see that they thought that Laws and Government could not stand without something of Religion which tho' their religious Precepts were superstitious and idolatrous in the want of Divine Revelation yet nevertheless it thence appears That the Law of Nature taught them not only the necessity and obligation of Government and Laws but also that the sence of Religion was the most necessary Foundation of it And then it will follow that if any thing of Religion be necessary for the temporal good of Governments that the True Religion is then best of all and most necessary that being the Spring and Fountain of all Virtues from whence is to be drawn not only the best Directions for but the strongest Motives and Engagements unto all those Duties of Moral Justice and Charity amongst men which are so absolutely necessary even to the temporal good of Societies It would be easie to demonstrate that True Religion is certainly the best Foundation of all Political Government and of the Execution of Laws the Obedience of Subjects and of the Exercise of that Justice and Charity between men which only can render the life of man peaceable and 〈◊〉 in this World. If then the End of Magistracy and Civil Goâ—ernment were only for the temporal good of Societies yet it would follow that 't is the Duty of Magistrates to advance and maintain True Religion because it chiefly conduceth and is so necessary to this End.
Thirdly and lastly The Special End of Magistracy is for the good of the Church and that because Magistracy is not a meer natural and humane Policy but an Ordinance of God still remaining such now under the Gospel Rom. 13. 1. Now 't is certain that all the Ordinances and Institutions of God both Moral and Evangelical do now in special belong to the Gospel-Church for whatever Advantages any of the Heathen World do receive at any time by any of Gods Ordinances and Institutions as particularly by this of Magistracy 't is but for the sake of the Church as the Dogs eat of the Childrens Crumbs For 't is to be noted That as the Scriptures themselves so also all the Precepts Promises Rights Priviledges Ordinances granted and confirmed thereby or contained therein belongs primarily and especially to the Church of God. So that Magistracy then being an Ordinance of God and having its Foundation in the Law and Word of God it must follow that the End of Magistracy is especially for the sake and good of the Church and not only for the World. As for that lawful Magistracy that may be found in Heathen Nations or without the Visible Church the Power is truly said to be from God because the Office of Magistracy is founded on his Law and Ordinance but the Execution of this Power hath been and is in most Nations wickedly abused and perverted from the proper and special Ends of it appointed of God to serve the Ambition Tyranny and Lusts of men the ground and occasion of which proceeds from the same common Original with all other Immoralities in the life of man to wit the defection of mankind from God and the depravity of the Humane Nature by Sin. But as 't is therefore no wonder that the Ends of Magistracy are perverted especially in those Nations that have forsaken God and fallen to Idolatry so 't is no Argument that Magistracy is only for the world as some suppose and not especially for the good of the Church Thus we find that to this end was Magistracy appointed by God under the Old Testament but while the Church of God in the first Ages of the world was but in small Families sometime only in one Family their Civil Government cannot so properly be called Political belonging to a State or Common-wealth as Oeconomical or the government of a Family Yet we find that then the care of Religion did belong to the Lord or Governour of the Family And indeed all lawful Government whatsoever being from GOD doth carry in it an Obligation to the Care of Religion for those under their power Thus God saith of Abraham Gen. 18. 19. I know him that he will command his Children and his Houshold after him and they shall keep the way of the Lord. But when the Visible Church of God to wit the Israelites was multiplied into a Body of People and set at liberty from the Yoke of Aegyptian Bondage and so capable of being formed into a political Body or Common-wealth God himself instituted an ordinary state of Magistracy to continue in all their gates Deut. 16. 18. besides extraordinary Magistrates from time to time as Moses Joshua c. and to the Supream Magistrates especially was committed the Care of the right Administration of Religion and the Worship of God as well as of Civil Justice between men by which Examples God himself teacheth us not only the necessity and obligation of having a Magistracy over a Body of People but also the office and duty whereunto it ought to be applied And tho' under the Gospel all the Kings and Governours of the World were in the first Ages of the Christian Church and have been for the most part ever since Enemies to the Church yet it doth not therefore follow that because they have thus perverted their power that it ought not to have been applied for the Churches good under the Gospel for we find that 't is prophesied of Kings and promised also to the Gospel-Church that Kings shall be her nursing-Fathers and Queens her nursing-Mothers Isa 49. 23. And this prediction and promise hath in it the force and obligation of a Command upon all Kings and Magistrates in the World not only to believe in Christ but to become nursing-Fathers to the Church which Expression cannot imply less in it than to imploy their Power and Care as Magistrates to promote succour and defend the Church Hence Kings are exhorted to kiss the Son Ps 2. 12. which is a token of Homage and Subjection to Christ who is now King of kings and Lord of lords Rev. 19. 16. And all Power in Heaven and Earth is given unto him Mat. 28. 18. And therefore some would have all Magistratical Power to be derived from Christ as he is Mediator of the Church Moreover if we consider how much good pious and godly Magistrates may do to the Church it will from thence further appear That Magistracy under the Gospel is for the good of the Church as by promoting its Interest preserving its Priviledges and Ordinances suppressing Heresies purging out Corruptions opposing its Enemies c. Now we argue thus that If God hath made the Christ an Magistrate by his power and place in the World capable of doing so much good for the Church 't is certain then that he is morally obliged to do it for that every person in his Place and Calling is for the sake of the Church to seek its Good. Psal 122. 9. Because of the house of the Lord our God I will seek thy Good. Fourthly The last Argument to prove that 't is the Duty of Magistrates under the Gospel to promote and preserve True Religion is drawn both from Scripture-precept and precedent As for Scripture-Precept we find that by the Low of God Sins against Religion and Divine Worship which respect the first Table commands were to be severely punished by the Magistrate Thus the Blasphemer was to be put to death Lev. 24. 16. The false Prophetor Teacher that would draw off any from the true Worship of God or him or her that committed Idolatry were to be put to death Deut. 13. 9 17. and the City that fell to Idolatry was to be smitten with the edge of the Sword Deut. 13. 15. Now the Magistrate bearing the Sword of Justice and being the Avenger of God against evil doers 't is to be understood that by his Authority and Direction this was to be done And for Scripture-Precedent we find that those that were godly Kings and Magistrates under the Old Testament purged the Church from Idolatry when corrupted and restored the true Worship of God caused both Priests and People to keep the Law of the Lord. Thus good Hezekiah suppresseth Idolatry and setteth up the true Worship of God 2 Kings 18. 4. Josias did the like and slew all the Priests of the high places 2 King. 23. 20. Jehu destroyed all the Worshippers of Baal 2 King. 10. 25. And King Asa with the
known and profest not only to provide that the Ignorant and Erroneous People may be well instructed in the True Religion but also to prohibit and suppress the publick Profession and Practice of Idolatry Heresie Blasphemy and such-like as being so repugnant and prejudicial to the True Religion which he is obliged to promote and maintain But to give a Toleration of these and of all Religions whatsoever is so far from suppressing it that 't is not only an Allowance of it but a kind of setting it up Secondly It may be further proved Unlawful from the Command of God on the Magistracy of the Old Testament to suppress all false Prophets Teachers and Idolaters Deut. 13. 2 6 10. Thirdly From the Example of all good Kings and Magistrates that did so and are approved for so doing And Lastly From the great injury and hurt that the Cause of True Religion and the Church of God is like to receive by such a Toleration by giving occasion to Satan by false Teachers to infest the Church with the Seeds of False Doctrines and to corrupt the pure Worship of God with Idolatry and Superstition which the Christian Magistrate as a Watchman over the Church should labour to prevent This in short might serve sufficiently to demonstrate the unreasonableness and great impiety of such a Toleration but because a general Toleration under the specious pretence of Liberty of Conscience hath been and is a matter so vehemently argued for by many I shall a little enquire into the nature and ground of this Liberty of Conscience pleaded for by which I presume most understand nothing else but an Exemption from the Obligation of all humane Laws in the matters of Religion therefore I shall in the first place examine those Grounds upon which such a Liberty of Conscience seems to be claimed and pleaded for which being found rotten and unsound such a Toleration will then further appear unlawful to be given by the Christian Magistrate And then Secondly I shall further examin what that lawful Liberty is in the matters of Religion which of Divine Right ought to be allowed by the Magistrate to every Christian First Concerning such a Liberty of Conscience as is opposed to all human Laws in matters of Religion I shall enquire into these things First What Obligation of humane Laws there is upon the Conscience in the things of Religion Secondly Whether an Erroneous Conscience do exempt from the Obligation of Just Laws Thirdly Whether the consideration of an Erroneous Conscience under the infliction of a Penalty on such a Person to be Unjust Of these very briefly First As to the Obligation of humane Laws upon the Conscience we acknowledge that 't is only the Law of God that doth immediately bind the Conscience because the Conscience is only subject to God and under his Authority alone the Magistrate hath only power over the Body and outward practice but yet nevertheless the Conscience is bound by the Law of God to obey all lawful and just Commands of the Magistrate Now those Laws of the Magistrate about Religion that are but the Inforcement of God's own Commands and Institutions have a double Obligation upon the Conscience both by Vertue of the immediate Divine Authority appointing them as also from the Command of God requiring Obedience to humane Authority chiefly in such things Secondly Neither doth an Erroneous Conscience exempt from the Obligation of Just Laws for tho' every man have a Judgment of private discretion in and about what he ought to do in Religion yet if he judge erroneously of what is justly required by Laws to be done his Judgment and erroneous Conscience therein doth not exempt him from the Obligation of those Commands for tho' 't is true that he sins in acting against an erroneous Conscience yet he ought to lay it down and then to act and if it be a necessary Duty he sins if he do not Thirdly Neither will the infliction of a Penalty be unjust that is laid on a Person for doing or omitting that which he is led to by an erroneous Conscience This is the grand mistake about Liberty of Conscience that because every man hath a liberty to judge for himself what he ought to do in Religion that therefore if he judge erroneously yet he ought to be tolerated in so doing No he ought to lay down his erroneous Conscience or else as he sins so he justly suffers from Authority in following the Dictates of it But that he sins in following an erroneous Conscience I think no one of sense will deny for if it be lawful for a man to act in Religion according to the Dictates of his own Conscience when 't is erroneous then 't is lawful for him to commit Idolatry speak Blasphemy c. if his Conscience lead him to it Therefore if the Plea of an erroneous Conscience will not free a Man from the Guilt of those Sins that he is led into by it then certainly it will not exempt a Man from the Just Obligation of Punishment from the Magistrate for those Sins who is the Avenger of God against all evil Doers And the Magistrate doth offer no Violence to Conscience by either requiring Obedience or exacting the Penalties for Disobedience to Just and Righteous Commands for if Mens erroneous Consciences will not suffer them to Obey 't is no force upon Conscience for the outward Man to bear the Penalty But besides If such a Liberty of Conscience be due to every man as shall exempt him from the Obligation of all humane Laws in the matters of Religion it will then follow that the Magistrate hath no Authority in the matters of Religion and so it will null the chiefest part of his Office for where there is no Obligation to Obedience there can be no Authority to Command those being Correlatives and cannot be one without the other But to conclude this particular If it be so as we have proved that the Conscience be bound by such humane Laws the matter of which is the Inforcement of God's own Commands and Institutions and that if an erroneous Conscience doth not exempt a Man from the Obligation of such Laws nor render the Penalty inflicted for breaking of them to be Unjust then certainly there is no such Liberty of Conscience as an Exemption from all humane Laws about Religion due to any Christian and therefore ought not to be granted by the Christian Magistrate Secondly I proceed now to the second thing proposed to wit What that lawful Liberty is in the matters of Religion which of Divine Right ought to be Allowed by the Magistrate for tho' we have asserted and proved the Duty and Power of the Magistrate to make Laws for the promotion and maintenance of True Religion yet we may not think that the Magistrate can by Laws intrench upon any of the Rights Liberties and Priviledges which of Divine Right do belong to the Christian Religion which he is obliged to maintain every Christian
Peoples Judgment of private discretion doth not disoblige them from Obedience nor render them inculpable when they judg erroneously of what is required Therefore each party both Ruler and Subject should be very careful to judge aright namely the Ruler in judging nothing fit to be commanded in Religion but what is evidently lawful and necessary and then their Commands are binding And the Subjects should be very careful not to judge erroneously of the Commands of Authority for then they justly suffer for Disobedience Each party indeed must judge for so much as concerns themselves and their own Duty both Authority in commanding and the People in obeying but the Judgment of neither doth change the nature of the things themselves so as to make that lawful and necessary or unlawful and not necessary that are not really so in themselves But we find that this Argument of enforcing Obedience in the matters of Religion meerly from the Judgment of Authority is never made use of but when men want sufficient force of Argument from the matter of the things themselves then they flee to the Judgment and Obligation of Authority-commanding which indeed will equally hold in Popery it self upon supposition that the Authority either Civil or Ecclesiastical be a lawful Authority that commands But this Objection is of no force in such things wherein 't is acknowledg'd That there is no necessity in the nature of the things themselves why they should be imposed besides the will of Authority commanding it there the obligation to Obedience is urged meerly from the will of Authority requiring it and not their Judgment of the necessary usefulness of such things But what force and obligation the meer will of Authority hath in the matters of Religion without sound Reason from the Matter required we shall have occasion to say somewhat unto under the next Question Thus I have endeavoured with all possible Brevity to demonstrate what that lawful Liberty in the Matters of Religion is which the Christian Magistrate should justly allow to every man but to allow an unlimited Toleration in the practice of Religion is to run into the contrary Extream of imposing unnecessary and doubtful things and 't is to be supposed that much of that mistake that hath been about a Toleration hath come to pass by not duly considering this Golden Mean of Liberty only in unnecessary things in Religion between the two Extreams of unnecessary Impositions and an unlimited Toleration but as the former is bad being against Christian Liberty and Charity yet the latter is much worse because it tends to subvert the Christian Faith and to overthrow all Government in the Matters of Religion QUEST III. Whether it be lawful for Subjects to give their Actual Consent to a general Toleration Answ TO which I answer in the Negative That they may not And indeed there will be occasion to say but little in answer to this Question for having before proved in Answer to the foregoing Question That the Magistrate may not lawfully allow such a Toleration it will thence follow That the Subject may not consent to it for by consenting to that which is unlawfully done by others we become partly Guilty of the Evil so done But yet it may be proper for us under this Question to enquire Whether it may come under the Charge of an Assent to such a Toleration to practise some Liberty in the Exercise of Religion that is restrained by Laws when 't is allowed by such a Toleration I shall answer this in these Three Particulars 1. That such a liberty in Religion as consists only in an Exemption from the Obligation of things in their own nature unnecessary doubtful or scandalous may lawfully be practised though the same be restrained by Laws 2. That there is no Scandal given by the practice of such a Liberty 3. Nor any Assent thereby to a general Toleration 1. That such a Liberty in Religion as consists only in an exemption or omission of things in their own nature unnecessary doubtful or scandalous may lawfully be practised tho' the same be restrained by Laws because the matter of such Laws cannot be Obligatory upon the Conscience by vertue of any Law of God there being no Divine Law upon which to bottom authorize such Laws which is necessary in all Laws about Religion as we have before noted And wherein there is no Authority to require therein can be no obligation from the Command to obey and the meer will of Authority can lay no Obligation in the matters of Religion but much more when any humane Laws about Indifferent things do interfere with the Law of God of avoiding Scandal in such Indifferent things there certainly such Laws do lose their force and obligation because the obligation from humane Authority ceaseth and becomes void when a previous and greater obligation to the Law of God is to take place by which we are obliged not to do that about Religion which being in it self not necessary is in its use scandalous to many And indeed such Laws that enforce the observation of such things doubtful and scandalous in Religion seem to lose the force of Laws and to be void in themselves having not the proper Matter nor answering the end of Law and therefore a liberty in omitting such things tho' injoined by Laws is lawful to be practised 2. And that there is no Scandal given by the practice of such a Liberty for it may be said That tho' there be no obligation either from the matter of the things required or from Authority requiring it to use some Indifferent things yet they being Indifferent we are bound to use them to avoid Scandal to Authority and to others that will be scandalized by our omitting them And therefore upon this ground divers learned Conformists have thought it lawful to omit the Ceremonies injoined by Laws when Scandal doth not follow being neither necessary in themselves nor from the Command of Authority any further than in the case of Scandal Here we may observe That such as esteem such things not meerly Indifferent but Doubtful in themselves if not Unlawful cannot be obliged to use them to avoid Scandal to others But if they are but meerly Indifferent in their own nature yet proving Scandalous to many and upon supposition of the Truth of what we have proved that there is no Obligation from Authority in such Indifferent things when they become scandalous it will then follow that there can be no scandal given by omitting them tho' Scandal be taken or tho' in the use of an unnecessary thing in Religion we really give Scandal yet by the omission of it is now given tho' Scandal may be taken thereupon because Scandal given ariseth either out of the omission of something necessary to be done or doing something either unlawful or unnecessary tho' lawful Now if the Command of Authority doth not make that in Religion not necessary in it self to become necessary when Scandal follows as
we have proved it cannot do then certainly no Scandal is given by omitting such unnecessary things For this we have a parallel Instance in our Saviour's justifying his Disciples in omitting a lawful but an unnecessary Ceremony tho' injoined by lawful Authority notwithstanding the Pharisces were scandalized by it namely in omitting to wash before Meat Mat. 15. 13. Therefore it being thus lawful and necessary to omit such indifferent things in Religion as are doubtful and scandalous but yet also necessary to do and perform the essential and necessary parts of Divine Worship the Practice of Christians then in keeping to all the necessary part of Protestant Doctrin and Worship omitting only that which is in it self unnecessary and in its use doubtful and scandalous cannot justly be condemned as unlawful or scandalous for herein they do but save and improve their own Right and Liberty which they have by vertue of the Divine Law without respect to the obligation of such Laws as either restrain a necessary Duty or require an unnecessary Ceremony And the doing of a necessary Duty and the omitting an unnecessary Circumstance doth not render a man culpable of giving Scandal the Scandal may perhaps be taken or follow thereupon 3. Hence it follows that this Liberty used in Religion ss no practical Assent to a general Toleration for there being nothing in this practice granted thereby but what was an original Right antecedent and without respect to such a Toleration it cannot follow that Christians thus using their liberty in the exercise of all the Essentials of the Protestant Religion omitting only such things different and doubtful cannot be said to give any practical or 〈…〉 to the lawfulness of a general Toleration of all Religions because the ground and reason of the Exercise of this Liberty is not founded on the Toleration but both on the lawfulness and obligation of the Duty so to practise without respect to such a Toleration Much less is it any practical Assent to a supposed power in the Supream Magistrate to dispense with such Laws as are of known use and necessity to the support of the Fundamentals both of the Civil Government and the Protestant Religion for tho' we should grant that the Supream Magistrate may dispense with the observation of things indifferent and doubtful in Religion tho' injoined by Laws as well as from the Penalties imposed for omitting them and that when the supream Law of Piety and Charity require it it will not follow thence that he may dispence with all Laws that require both the profession and practice of True Religion in the Essentials of Doctrin and Worship and that prohibit Idolatry and False Religion and give a general Toleration of all Religions I hope that all true Protestants that accept their liberty only in an exemption from such things indifferent and doubtful in Religion do utterly disown the lawfulness of such a Toleration or of any such power in the Supream Magistrate to dispence with the Laws those that through Ignorance or Errour have professed any actual Consent to it are much to be pittied and blamed QUEST IV. Whether it be lawful for Subjects to Consent to the Repealing those Laws that Establish and Preserve the True Christian Religion Answ I Answer That they may not but that which hath been proved under the foregoing Questions hath anticipated much of that might be said in Answer to this for the force of this Question loseth its strength upon supposition of the Truth of the former Hypothesis and needs little to be said in Answer to it for 't is easie to see that if it be the Magistrate's Duty and so especially the Duty of the Legislative Power to maintain the True Religion 't is then their Duty to maintain those Laws that both establish and are necessary to the maintenance of it because the Magistrate's Office and Power is exerâ—ed by Laws Now those Laws are either such as require the profession practice of the True Religion or such as prohibit and punish the profession and exercise of False Religion neither of which may be lawfully repealed unless better Laws for the Security and Establishment of True Religion be first provided for by repealing the Laws that establish the profession and exercise of the True Religion the Magistrate disâ—…eth his care and regard for the Church of God and so frustrates and makes void one of the special ends of his Office and likewise betrays the Cause of Religion to the Rapine and Violence of its open and professed Enemies And then also the repealing the Laws that prohibit False Religion and Idolatry is not only an Allowance of it but a constructive setting it up at least becoming partly guilty of it Hence is that Rule in Morality Cujus manu est ne quid fiat â—i deputatur cum jain fit In whose hand and power it is that an Evil Act be not done to them 't is imputed if it be done And this Rule doth most properly respect Magistrates and those that have Power over others who are truly said to be guilty of that Evil which they are able by good Laws to prevent and do not And therefore that Magistrates ought to prohibit at least the publick profession and exercise of Idolatry and False Religion was no doubt the ground of those good Laws which prohibit the same which our Forefathers with so much zeal for the Truth of the Protestant Religion obtained against Popery and Idolatry But with what zeal for or security unto the Protestant Religion they may now be repealed I do not understand If then it be not morally lawful for the Legislative Power to repeal those Laws that establish and preserve the Protestant Religion I need not then further prove that it is not lawful for the People to consent thereunto which will thence follow But I shall conclude all by making some short Answer to Three of these Arguments which I judg are the most specious that are urged for repealing the Penal Laws and those also are of so little weight that there need little to be said in answer to them First 'T is said That the Penal Laws made against Popery have been perverted from their proper end and use against Papists to oppress and persecute Protestants for Dissenting only in matters of Circumstance and Ceremony in Religion Answ But this is not the fault of the Laws but of those that had the executive Power and was so done as now appears plainly to serve the Design of Popeâ—y then carrying on But tho' the Peral Laws have been so perverted yet seeing it appears that they are of such necessary use for the Security of the Protestant Religion against Popery they may not for that reason be repealed But as for those Laws that impose Penalties on Protestants adhering to all the essential and necessary parts of Protestant Doctrin and Worship but upon scruple of Conscience dissent in some Matters of Circumstance and Ceremony in Religion which to them are doubtful and uncertain 't is to be hoped that the Wisdom Piety and Charity of another Parliament may either give a greater latitude in the terms of Church-Communion amongst all Protestants or abate the rigour of those Laws that impose Penalties for Nonconformity only in such matters Secondly 'T is further alledg'd by some That there are some Abuses and Corruptions in Religion still remaining in the Church of England and that all those Penal Laws establish and confirm them and require full Conformity to them as to the essential part of Religion upon pain of Penalties annexed to those Laws and that therefore they should be repealed for the sake of those Abuses Answ Tho' we suppose there are Abuses and Corruptions about the Circumstances of Religion confirmed by the same Laws whereby the substantial and necessary part is confirmed yet it will not follow therefore that for the sake of those Abuses those Laws should be made void that confirm the essential part unless as we said before better Laws could first be obtained that might at least so well Secure the essential part because a lesser Evil is to be chosen to wit the burthen of those Abuses rather than a greater namely The Overthrow of the whole Frame of the Protestant Religion and the Introduction of Popery Therefore where a less-necessary Good cannot yet be attained unto there the most necessary Good already attained must be preserved Thirdly 'T is further objected That those Laws never did nor never will answer their End of bringing all Persons into an Uniformity in Religion for which they are intended And this is the main Reason given by some for Repealing them Answ To which may be answered That the same is objected by Papists against the Scriptures themselves of being the Rule of Faith that they never answered their End of reconciling Differences in Religion And indeed upon as good grounds it may be said of the Law of God That it is not the Rule of Life because it doth not attain its End of being such for that all Men will not be ruled by it But for further Answer Those Laws have attained their End so far hitherto as to support and maintain the essential and necessary parts of Protestant Doctrin and Worship against the prevalency of Popery for which end most of the Penal Laws are especially intended but that they have not also attained their end of procuring Unity and Uniformity in lesser matters relating to Modes and Ceremonies in Divine Worship hath been doubtless the too much overdoing by the Imposition of such things unnecessary and doubtful in Religion which will perpetuate Divisions to the World's end whilst they are made necessary Conditions of Communion amongst Protestants But alas either Unity or Diversity of Opinion and Practice in such matters as these are is not of that moment and concernment that some men imagine that lay so much stress and weight upon things of Ceremony and Circumstance and so little value the Substantial and Great things of Religion The principal Bond of Christian Unity is an Unity in the profession and practice of the Protestant Faith to the preservation of which those Laws are especially to be esteemed as useful and therefore should not be repealed unless better Laws conducing more effectually to those great ends of Religion can be made and provided FINIS