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cause_n	judgement_n	lord_n	sin_n	3,017	5	4.8345	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79995	The civil magistrates povver in matters of religion modestly debated, impartially stated according to the bounds and grounds of scripture, and answer returned to those objections against the same which seem to have any weight in them. Together with A brief answer to a certain slanderous pamphlet called Ill news from New-England; or, a narrative of New-Englands persecution. By John Clark of Road-Island, physician. By Thomas Cobbet teacher of the church at Lynne in New-England. This treatise concerning the christian magistrates power, and the exerting thereof, in, and about matters of religion, written with much zeal and judgement by Mr. Cobbet of New-England, I doe allow to be printed; as being very profitable for these times. Feb. 7th. 1652. Obadiah Sedgwick.	Cobbet, Thomas, 1608-1685.	1653 (1653)	Wing C4776; Wing B4541; Thomason E687_2; Thomason E687_3; ESTC R206875	97,858	126

Civill Magistrate is not among those Officers which Christ hath left to edifie his Church nor is he a Preacher or Expositor of the Scriptures What should the Civill Magistrate doe governing them or seeking to edifie them or expound Scriptures to them by such Law-making in matters of Religion or of the Church Ans 1. Church Governours are in an Ecclesiasticall way to watch over and censure Church members for matters of the second Table as well as those of the first Table and by this Argument therefore Civill Rulers may not watch over govern and censure Church Members in matters of the second Table neither because there are others by Office to doe it Ecclesiastically and he is not reckoned among them 2. Civill Magistrates as well as Church Officers are Rulers Elders Watchmen Shepheards over Gods people and flock and therefore in a Politicall way are to rule over watch over yea to feed the people of God and to hold forth the same by their wholsom Laws and Executions in matters respecting both Tables 3. The Magistrates end being matters of Piety as well as Honesty 1 Tim. 2. 1 2. And he being a Minister of God even to Gentile Churches Officers and Members for their good and so most of all for their best Spiritual good as externally held forth helped exercised or expressed Rom. 13. 4. and being charged with the things of God and the Church 2 Chron. 13. 10 11. he is in his politicall way to attend his charge to look to the externall fulfilling of it at least yea in so far is he charged as a politicall Father and Shepheard with his incharged or Christian subjects as his politicall children and flock commited to him Ezek. 34. 9 10. I will require my sheep at the Shepheards hands the Princes as well as the Priests hence the sins of Church Members in Church matters are charged upon their Civill Rulers as their sins when the people neglect their Ministers Nehemiah 13. 10. he chid the Rulers ver 11. saying why is the house of God forsaken when there was such buying and selling upon the Sabbath ver 15 16. Nehemiah saith ver 17. Then I contended with the Nobles of Judah and said unto them what evill thing is this that ye do and prophane the Sabbath 4. Their Laws are not Ecclesiasticall expositions of Scripture but the mind of God in the Scriptures being in ordinary and orderly way first sought and had from the body of the ablest and best guides and lights in the Churches in their Jurisdiction conclusively declaring the Law and rule of God touching the question their Laws about matters of Religion are Civill Sanctions under Civill rewards or punishments of such Laws of God so declared and commended to them And by the execution of such Politicall Laws others may and should be edified honour and fear and learn to do no more so wickedly Deut. 13. 10 11. Some delinquents themselves even some false teachers shall acknowledge as much thus was I wounded in the house of my friends Zac. 13. 4 5 6. 4. Object The Church hath sufficient power to attain her ends within her self what need Civill coercive power in matters of the Church Ans 1. The Church hath that power in matters also of the second Table sufficient to attain its ends offending Members therein yet none will therefore make Civill coercive power in such matters needless 2. The State as well as Church is injured by witchcraft by perjury by schism and other sins against the first Table and notwithstanding the Churches power Ecclesiastically to attain her ends the State must have its defensiue and vindicative power Politically to attain its ends too the good of safety and peace of the Subjects and so both perfect within their own Spears 3. When the Church hath gone to her utmost extent of power in casting out Blasphemers Seducers Perjured persons Scismaticks c. yet they may do more hurt in Church and Common-wealth than before unless Civill coercive power help The Church may attain her ends in an Ecclesiastiall way and yet the Civill State not hindred of attaining its ends in a Politicall way but both polities be reciprocally helpfull to each other The Civill polity ratifying the Churches cases by Civill Laws and punishments the Ecclesiasticall polity lending help to State and Common-wealth cases by declaring the Laws and rules of God and by reasonable administration of Church censures upon her delinquent Members Conc. 2. That in matters of Religion which are doubtfull and not so directly plainly and expresly laid down in the word Civill Authority in purer times of the Church must call for the Counsell of the Churches at least of the Officers of the Churches under their Jurisdiction who are most faithfull and able to give Counsell therein and they are bound in conscience to follow what they according to God do clear up to be his mind in all such matters of weight about which they do inquire not alone as that which such a Synod or Assembly of Church Officers do determine that way is for the matter of it according to God but as it is given in the way of an Ordinance Namely of the Counsell of a Synod of the Officers and Ministers of the Churches whereof they as regulated Magistrates are Members Whose Counsells unto them are Ecclesiastically Authoritative Counsells And herein also Godly Rulers do lick the dust of the Churches feet in attending faithfully to the well grounded Counsells of their Pastors not alone distributively given in their respective Churches but collectively also when joyntly delivered in a Synod Herein also Church power Ministreth help to the Common-wealth Ecclesiastically as the Common-wealth administreth help to the Churches Civilly in exerting its Politicall power in framing Civill Laws answerably to their Counsells Deut. 18. to 13. The Counsell and sentence of the Priest or Councill and Assembly of Priests delivering the mind of God in doubtfull matters was to be required and followed Joshua the chief Magistrate must stand before Eleazar the Priest who should ask Counsell after the Judgement of Urim and according to his word from the Lord they were to go out and in Num. 27. 21. Hence Iehoshaphat according to that Law for that end Deu. 17. 89 10. Placeth at Ierusalem some of the Priests and Levites and chief Fathers of Israel to be for the Judgement of the Lord and for controversie not meerly in point of doubtfull actions as between blood and blood 2 Cron. 19. 10. But in point of doubtfull rules according to which Civill decreees and sentences also were to be regulated causes between Law and Commandement Statutes and Judgements Onely that Councill is limited to Gods word they must still warn them that none Trespass against the Lord. True it is something peculiarly Jewish was in this whence that Law of Capitall punishment to such as presumptuously disobeyed their sentence Deut. 17. 12. But there is something also for our learning and instruction held forth therein not alone

example is shewed that abuses even in externals are by all means to be reformed in which matter godly Magistrates are to lend their help to the Ministers that as they by preaching so Magistrates may even by external repurgation remove those things which are repugnant to the regular worship of God But as for that Christ did it appertaineth not so much to his Priestly Office as to his Kingly Marlorate on the place from this that Christ as well by fact as word casteth out Temple abuses saith They are hence taught who have received authoritie from God in the Church how they ought by work as well as word to purge the Church Although they know the corruptions as superstition idolatrie and such like have taken deep rooting in the hearts of the wicked For therefore hath the Lord armed their hands that they might take chief care of his worship Master Dyke writing upon this fact of Christs purging the Temple and having declared how this fact of Christ was not imitable as Christ did thus as the Sonne of God he propoundeth this question how far forth this fact of Christ is imitable And Ainsworth men are either publick persons or private publick either in the Magistracie or in the Ministery As for Magistrates they being Christs Vicegerents as God in special manner the imitation of this fact belongeth to them For God hath given them the sword not to let it lie rusting in the scabbard but to strike and he hath put the whip into their hands to scourge withall c. Then he sheweth how Ministers in their way of preaching are to doe thus and then how private men in their way of prayer and sighings but not by other violence are to be doing this way Musculus upon Iohn 2d. 13. 14. 15. 16. 17. upon that he found in the Temple as soon as Christ came into the citie saith he he visiteth the Temple This should be the first care of all godly ones not of Pastours onely but of all Magistrates whatsoever that the Kingdome and worship of God be sought after And upon that and when he had made a scourge of small cords he cast them all out together with the Sheep and the Oxen he observeth we see by this fact of Christ how distasteful they are and how unsufferable in the Church who under pretence of divine worship exercise merchandize Doubtlesse there were many other crimes by which God was commonly provoked and yet we reade not that Christ used like severitie against them but forthwith he casteth this loathsome plague of such Merchandize out of the Temple Who seeth not hence that those things which concern the Glory and Worship of God are not alone before all other things but with greatest severitie to be purged away and that not without cause since in these sinne is committed against the first Table and under pretence of Divine worship service is done to the Devil and to worldly lusts and beside the plague which ariseth here spreadeth into the whole body more speedily and dangerously then can be imagined Again let such who would have nothing done in a compulsive way against Idolaters and corrupters of Gods worship in the Church but thinke such as doe evil are to be intreated willingly to desist let such answer Why Christ did not here doe thus why he did not meekly request these merchants to carrie their Oxen and Sheep and money out of the Temple None say they are by force to be compelled to godlinesse be it so but are they not by force to be restrained yea and driven away who exercise gainfull trades in the Temple what shall we say that Christ here sinned God forbid he compelled them not to Pietie yet he casteth that merchandize out of the Temple Furthermore they have hence ground to change their opinion who teach that external evils in the Church are not to be taken away unless they be first taken out of mens hearts for according to this Doctrine Christ should first have cast that inward evil of covetousnesse out of the Jewes hearts and then have cast them out of the Temple but we see it quite otherwise in what Christ did here he cast these merchants out of the Temple although they kept their covetousnesse still in their hearts giving hence an example whereby he might teach us that publick evil is not to be suffered in the Church although it cannot be rooted out of mens hearts If any reply It is but vain to remove it out of the Church if it be not removed out of the hearts of men surely saith he Christ knew this well enough yet he did his office having made a scourge he hunted these dogs out of the Temple Snecanus in his Tract de Magistratu he maketh use of this example of Christs purging the Temple with a scourge in his hand to prove the Magistrates power now under the Gospel in matters of both tables Beza in his Tract de haereticis à Magistratu puniendis saith In or by what right did Christ twice take the Whip in hand both John 2. 14. and Matth. 21. 12 13. by what right did Peter kill Ananias and Sapphira by what right did Paul strike Elimas blind what by that of the Ecclesiastical Ministry surely no unlesse you would confound the Jurisdictions therefore by the right of the Civil Magistrate for there is no third Yet I acknowledge this power put forth by Ministers of the Word was in them extraordinary and the manner of exercising it after a sort divine but I prove that though the Lord doth not alwayes make use of the help of the Magistrates yet in all ages he doth make use of the Power whereof the Magistrate is the onely ordinary Minister according as himself seeth it meet for the preservation of his Church Now then if any object against this example as Imitable because Object 1 Christ did this as God or at least as the Messiah It is answered first That Civil Rulers are Christs Vicegerents Answ 1 considered as God and are therefore called gods Psal 82. 1 6. and said to judge for God 2 Chron. 19. 6. and called the Ministers of God Rom. 13. 4. the ordinary publick Avengers who are to take vengeance namely in Gods stead to whom alone vengeance doth belong so are they Christs Vicegerents as Mediatour as one that hath all power committed to him in earth as well as heaven Matth. 28. 18. and from him therefore as political head of his people Magistrates power on earth must come Prov. 8. 15 16. by me saith the essential wisdom of God Princes rule hence called King of kings and Lord of lords 1 Tim. 1. 16 17. Rev. 19. 16. yea he maketh Civil Rulers nursing Fathers and Mothers to his Church and so committeth his Church which Esay 49. 23. 1 Tim. 3. 15. is his house into their hands as those who in their civil officed way are every way to further its welfare What Christ did here immediately as an act appertaining

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

acted by the outward man of each Member of the State as he is a Member of the State and as his act reflecteth upon the Civill State or its peace and good no more than the same priviledge of private Judging hindereth the Church to Iudge Ecclesiastically of what a Member as a Member of the Church is to do or not to do or hath done amiss as his act doth concern or reflect upon the Church Secondly If because each one as a Christian is in a private way to Iudge of his own act the Magistrate Legislatively and Iuridically may not determine in his Politicall way that any thing is duty or not in matters of Religion unless according to such particular Christians Iudgements then it is unlikely if not impossible that any law about Religion should be made or any politicall determination thereof given since some will be of different minds yea about fundamentalls as for example some will Iudge the Pope to be head of the Church some that Christ is not very God some that he is not very man some will hold such Incouragements to well doers should be given others will differ from them yea the like will follow in matters of the second table upon like grounds Christians therein also are to follow their own Iudgements and not other mens and whatsoever in such matters also is not of faith is sin therefore it must not be Politically determined that lying with another man wife is sin or to be punished at all by State or Church since some Iudge a community of the use of the bodies of Sisters at least to be lawfull nor must the taking away of others goods or cattell from them for others use be Politically determined or punished as evill since sundry Christians Iudge a community of such things also to be good nor must the taking away of Heretique-princes lives by Assassinates be Politically determined and punished as evill since Christians of Popish Iudgements think it a meritorious act Thirdly Then could not it not be orderly determined no not 2 Chron. 15. 13. with consent of the body of the people that such as would not seek the Lord should be put to death since sundry might judge it too harsh yea in determining thereof they implied that some would be of another mind ly open to that censure yet it s recorded to their honour that they did so Exo. 34. 1 2 3 4. These are thy Gods O Israel that brought thee out of Egypt that was their Iudgement yet Moses Politically determining otherwise of it as punishable with death ver 26 27 28 29. did well in it Ob. True you will say but the Israelites erred in either thinking or speaking so Ans Yea they did so but say we that was their particular Iudgment though erring and they as well as we must walk in the light of their own judgements and not of any others if the objection be right and therefore according to the objectors mind should not have been accused or punished Fourthly Then all Ecclesiasticall Judging of men in matters of Religion which in Iudgement and Conscience though erring men hold forth is cut off and why then did Paul wish that those should bear their Judgement Gal. 5. 10 11. since many of them held no more than what they Judged to be right Fiftly Then such mens Iudgements at least are not to be a rule to the Christian Magistrates Iudgement but as he is perswaded in his heart he also as any other Christian must do If he can make it a matter of his faith it is no sin in him Politically to Iudge what is or what is not according to the word or accordingly to be civilly punished or praised in Members of the Civil State when expressed in such sort by the outward man as it meerly concerneth the State or reflecteth upon it and this in matters of both tables and what then is gained Nay by this indefinite principle in the objection much would be lost if the Civil Christian Magistrate and State be in mind perswaded and do verily Judge that the bread in the Sacrament is turned into the very flesh of Christ that whosoever holdeth forth the contrary shall be burned at a stake must they not do whatsoever they are perswaded in their minds and if of faith to them then not fin to them to do it according to the bottom of the objection Nay but you will say their perswasion must be rightly founded upon the word which is the object of faith else it is not right Ans Very good and in that meaning your objection is no objection unless better warrant be shewed from the word why each mans Judgement is so to be his own guide that as a Member of the Civill State his Judgement also is not in a Politicall way to be ordered by the Politicall determinations of regulated Civill Authority As for the sequels urged persecution or justifying of persecutors thereby they are urged from that which is not a proper cause as if it were a cause It is not the use of such a power of Judging in regulated Civill Authority that causeth persecution for matters of the first table more than tyranny in matters of the second table but the Abuse of that power rather from the abuse of a lawfull power or privilege to reason against the use thereof is not right or regular Churches also may abuse their power and persecute a Saint of God by a wicked determination and answerable censure in a matter of God or the Church but that doth not therefore hinder but that the Church is highest Ecclesiasticall Judge in such matters The last instruction from the premises If abuses in Religion are thus to be restrained and punished by regulated Authority then are not persons in an ordinary way to be left by regulated Civill Authority to the liberty of their own judgements or consciences to profess or practise in matters of Religion according as their severall minds and spirits yea though seduced and erring shall think meet no though those persons profess the Christian Religion and the fundamentals at least thereof For the better clearing of this weighty Conclusion so many wayes opposed now adayes we shall first propound some distinctions about it and so the better state the Conclusion 1. Then let us distinguish of Liberty which according to Scripture grounds is either lawfull and regulate liberty or a liberty that is sinfull lawless and boundless Lawfull liberty is either that which is of a more civill or spirituall or mixt nature 1. That of a more civill nature is either oeconomicall or politicall properly such oeconomicall as that of servants Ex. 21. 11. Jer. 34. 10. or that of wives Rom. 7. 3. 1 Cor. 7. 36. Politicall properly such whether more generall as that of a free denison of a State or of more speciall privilege as freedom from taxes Act. 22. 28. Math. 27. 26. 1 Sam. 17. 21. Ezr. 7. 24. from going to war Deut.