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A56561 A discourse of penal laws in matter of religion endeavouring to prove that there is no necessity of inflicting or continuing them : first delivered in a sermon ... occasioned by His Majesties late gracious declaration for liberty of conscience, and now humbly offer'd to the consideration of the publick / by James Paston ... Paston, James, d. 1722? 1688 (1688) Wing P665; ESTC R915 15,251 41

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Severities under one Government have themselves inflicted them under another It must therefore be granted that outward Force has been made use of to compel the Professors of Christianity to Unity in Religion And now therefore we come to consider in the 4. Fourth place whence this outward Force proceeded And to this end we must consider that in the Christian World there have been two several dstinct Powers Civil and Ecclesiastical the power of the Church and the power of the State. The power of the Church resides in Bishops and other Church-Governours and Teachers the power of the State resides in Emperours and Kings And these powers though distinct proceed both from one and the same God There is no Power but of God says the Apostle Rom. 13.1 The Kings and Emperours of the World had a power from him before ever there was a Christian Church And the Christian Church had its power before ever there was a Christian King or Emperour To Kings and Emperours and other Civil Governours God Almighty gave power to make Laws and to punish the Disobedient by outward punishments such as Stripes and Imprisonments by loss of Limbs or by Death that they might be a Terror to the Wicked Rom. 13.3,4 therefore of such a Magistrate the Apostle tells us that He bears not the Sword in vain To the Church he gave power to Teach to Exhort to Rebuke to Injoyn though not to Force Penances and to Excommunicate This power was given Originally to Christ and he delegated it to his Apostles and their Successors As my Father sent me so I send you They had no power to go any further all outward punishments must proceed from the Civil Magistrate he under God is the sole Fountain of Co-ercive power and all Penal Laws and the Execution of them must proceed from him And this appears by considering that there were no Co-ercive Penal Laws to compel men to Unity in Christian Religion till Kings and Emperours became Christian and then by Vertue of that power which they had before they were Christian they made Laws for the outward punishment of the Disobedient as Infringers of their own Laws and Disturbers of their own Government and of that Church whose protection they had undertaken The Civil power then arm'd in its Defence and that in this as well as in all other Christian Kingdoms it is therefore from hence that all outward punishments proceed I pass now to the 5. Fifth consideration Namly whether this outward Force be always and alike necessary to be put in Execution which doubtless it is not For it is evident from those Historical accounts which no man denys to be true that Christian Religion not only stood but flourish'd and wonderfully increas'd during the first three hundred years when all the Kings and Emperours in the World instead of supporting it endeavour'd by all means wheresoever it appear'd to suppress it by Flatteries and Temptations or Honour they endeavour'd to Allure its Professors from it by Scorns and Reproaches to shame them by the most severe Banishments and Imprisonments by the most cruel Tortures and Deaths to Terrify them Racks and Wheels Broiling alive upon Gridirons Impaling Alive upon Stakes rending in Pieces by Wild-Horses Crucifying Devouring by Wild-beasts and many other Barbarous and Inhumane Cruelties were made use of to destroy Christianity and its Holy Professors but all in vain Which plainly and undenyably Demonstrates that Christianity can stand without outward Punishments inflicted upon its Opposers since it cannot be ruin'd by them Christian Governours have and do at this day make use of some severe Means in some Christian Countries to compel Christians to Unity How warrantably is out of my Sphere to dispute much more to determine All that I drive at is only to shew that there is no Absolute Necessity of so doing at all Times and in all Places For there is difference between preventing am Evil and endeavouring to remedy it when it is too great for a remedy and when the Remedy is worse than the Disease there is difference between preventing the sowing of Tares among the Wheat and plucking them up when sown and grown together And it is considerable that Dissenting in matters of Religion is not always guilty of the same degree of Malignity In all probability the first Dissenters had more of Pride in their Dissenting When one man or some few should break from a Communion and thinking themselves Wiser than a whole Church make and begin a Separation from it and stubbornty persist in their singular Errours but Education and want of due Information may make the Schism less Criminal in their Successors they have it may be since the beginning had among them men of Parts and Learning and as they suppose men of Integrity they have had also among them such as have Suffer'd in the Cause which they adher'd to Children are apt to think well of their Parents and to believe that they would never have lived and died in this or that Religion and have recommended it also those whom they Lov'd so dearly unless they had been certain of its Truth These things consider'd no man can say that there is always the same reason for putting Penal Laws in Execution especially when they who are lyable to be punish'd by them are so numerous that it is the way to make a Kingdom Desolate and to render a Prince King of a Wilderness And besides when we have no assurance that Gentleness will not work the best effect that can be design'd by rigour gentle Means seem to be more according to the Spirit of the Gospel and there is no Party but thinks so when it self is in a suffering Condition No man can say that Forbearance may not at least sometime be try'd I come now therefore to the 6. Sixth and last thing to be considered Namely in whose Power it is to inflict or not to inflict Temporal Punishments And sure it is in the Kings or Civil Governours he can remit as well as punish unless it should be impiously pretended that he is no better than a common Executioner he has doubtless the supreme coercive Power and the directive Power can only direct not compel him to strike and where the same Person is suppos'd to be invested with the supreme directive and the supreme coercive Power too there sure that person has Power to determine when such Penalties are to be inflicted suspended or abrogated as well as actually to inflict suspend or abrogate The result therefore of what has been said upon these six Considerations is this Namely That though Christ design'd Unity in his Church and Religion yet he has given no power to his Church to Force to it by outward Penalties When outward Penalties have been inflicted they were inflicted by the Temporal Authority That the inflicting these outward Penalties is not always and alike necessary that it is in the power of the Supreme Civil Magistrate to inflict or not inflict
them Let us therefore calmly consider what reason or ground there is for the mighty Out-cry that there is amongst some men against Tolleration in matters of Religion As if all were lost and Religion undone because Men are not still compell'd by outward Force One thing must needs seem strange and amazing to every considering Man namely to hear the same persons inveigh against the French King for Executing the Penal Laws against Dissenters in France and against their own King for Suspending the Penal Laws against Dissenters in his Dominions against that King for Persecuting his Subjects and against this King for not Persecuting his So St. John Baptist Came neither Eating nor Drinking and the Scribes and Pharisees say Behold he has a Devil The Son of Man came Eating and Drinking and they say Behold a man Gluttonous and a Wine-biber a Friend to Publicans and Sinners Whereas indeed neither was our Saviour any otherwise a Friend to Publicans and Sinners then in his design to Save them Nor had John Baptist a Devil But sure they whom nothing will please are possess'd with a strange Tetchy and froward evil Spirit and what our Saviour said to his two Disciples may rightly be apply'd to them They know not what manner of Spirit they are of However they seem not to consider what meekness the Gospel injoyns by what meekness it at first stood and prevail'd they seem not to consider the nature of that power which Christ put into the Hands of his Church which extended only to Teaching Exhorting Rebuking Administring Sacraments and Excommunicating And that when outward Force has been made use of it proceeded wholly from the Temporal Authority and that it is in the power of this Authority to inflict or not to inflict Temporal punishments But now it may be some will be ready here to object that whiles I Discourse thus I seem to forget two main things which particularize our Circumstances Namely 1st How His Majesty has been pleas'd to ingage Himself to protect the present establish'd Church of England 2dly What the particular constitution of Government is in these Kingdoms under His Majesty And though what has been said already may be sufficient to give satisfaction as to these two particulars yet in the residue of my Discourse I will briefly say something more to each And First As to the Kings having ingag'd Himself to protect the present Establish'd Church The Church may be protected and effectually too though the Civil Magistrate inflicts not Temporal Punishments upon those that Dissent from her for Dissenting His Majesty protects her and maintains her as he says in his Gracious Declaration In the free Exercise of her Religion as by Law Established and in the quiet and full Enjoyment of all her Possessions without any Molestation or Disturbance whatsoever How Happy would the primitive Christians have thought themselves might they have had such Protection Nay it is considerable that it seems not improbable that taking away the smart of Penal Laws from a Churches Adversaries may make that Church more safe because it may make them less Industrious to Destroy her since they find themselves undisturb'd by her standing and are not therefore vex'd into Conspiracies against her And then Secondly As to the present Churches particular Constitutions in this Kingdom they seem to Recognize a Right in the Civil Power and particularly in the King to determine at least in Exteriors and therefore when Penal Laws are to be Executed for the first Canon says that Canon 1. The Kings Power within His Realms of England Scotland and Ireland and all other His Dominions and Countries is the highest Power under God to whom all Men as well Inhabitants as born within the same do by Gods Laws owe most Loyalty and Obedience afore and above all Powers and Potentates upon Earth And in the five and fiftieth Canon it is injoyn'd to Pray for the King under the Title of Canon 55. Our Soveraign Lord King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these Realms and Dominions and Countries over all Persons and in all Causes as well Ecclesiastical as Temporal The Oath of Supremacy also Stiles him the Only Supreme Governour of this Realm and of all other His Highnesses Dominions and Countrys as well in Spiritual or Ecclesiastical Things or Causes as Temporal And therefore Charles I. the Royal Father of our present Gracious Soveraign Stiles himself Head of the Clergy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. The tenuity and contempt of Clergy-men says he will soon let them see what a poor Carcass they are when parted from the influence of that Head to whose Supremacy they have been Sworn So that the King in suspending the Penal Laws has done nothing contrary to His Royal and Gracious Promise to Protect the Church of England Nothing beyond that Power which the Church of England in her publick Canons ownes to be in the Kings of England I beg leave therefore humbly to Advertise those Men of this Church who are disatisfied with His Majesty's late Gracious Declaration for Toleration that they seem neither at the same time whilst they are so disatisfied to consider the Oeconomy of the Gospel the temper it requires in Christians nor what benefits of Protection the Church of England enjoys nor what Power its Canons own to be in the King Doubtless the Actions and Expressions very indiscreet to give them no worse Epithet which some Men have been guilty of and which they have been hurry'd into by a blind inconsiderate Zeal have help'd in a great measure to introduce that Toleration which they now exclaim against and yet after all the noise His Majesty by the Power which they Recognize in Him deprives not the Church of any one Branch of that Power which Christ gave to his Church She may teach still she may still exhort rebuke enjoyn Penances and Excommunicate those of her Communion as much as ever So that I say the King takes not away the Churches power but only forbears Executing of His Own in punishing Dissenters for Dissenting And this is no more than what our late King His Royal Brother did for He also Granted an Indulgence to Dissenters Nay no more than what His Royal Father Charles the First advised His Son to when Prince of Wales 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 27. When He bids Him Beware of exasperating any Factions by the crossness and asperity of some Mens Passions Humours or private Opinions imploy'd by Him grounded only upon differences in lesser matters which are but the Skirts and Suburbs of Religion wherein connivance and Christian-Toleration often dissipates their strength whom rougher Opposition fortifies and puts the despised and opposed Parties into such combinations as may most enable them to get a full revenge on those they count their Persecutors who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion