spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
Legislative Power Chap. 5. Concerning the nature of Conscience Chap. 6. Concerning the dominion of Conscience Chap. 7. Of the strong and weak Christian Chap. 8. Of Scandals and their natures Chap. 9. Of Necessities and Indifferencies Chap. 10. Certain Propositions concerning Necessities and Indifferencies Chap. 11. Of Christian Liberty Chap. 12. The first Question handled about things indifferent Chap. 13. Of the Power of the Church in things indifferent Chap. 14. A Digression concerning Subordination of Pastors in the Church Chap. 15. Of Magistrates power in matters of Religion Chap. 16. Of the use of the Magistrates Sword in the execution of Ecclesiastical Justice Chap. 17. Of the limits of the Magistratical power in matters of Religion Chap. 18. Of a Christians duty in case of humane Laws in matters religiously indifferent Chap. 19. Of Humane Constitutions in the Worship of God besides the Word Chap. 20. Of the united Power Legislative of Church and State Chap. 21. Of Decency and Order Chap. 22. Of Imposition of Ceremonies Chap. 23. Of Obligation to a Form of Prayer ERRATA PAge 12. line 3. for when he by his Law read when man by his Law P. 13. l 3. for immediately r. mediately Ibid. l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 31. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 24. l. 9. for obedience r. such obedience Ibid. l. 26. for Masters r. Master P. 25. l. 37. dele The in the most certainly P. 35. l. 13. dele They. P. 36. l. 4. for our r. your P. 44. l. for just and equal r. justly charged P. 45. l. 3. dele thereof P. 48. l. 20. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 53. l. 27. for duty r. guilt Ibid. l. 12. for in religious service r. religious service P. 85. l. 24. for c. r. and. Ibid. l. 39. for Co-ordination r. Subordination P. 88. l. 35. for Nation r. Nations P. 93. l. 8. for by Assemblies r. assembled P. 100. l. 21. r. unlawful in the Worship of God P. 112. l. 33 dele therefore that P. 114. l. 16. r. and sound in his principles P. 125. l. 19. r. of what hath been said is Ibid. l. ult for consequentially r. consequential P. 128. l. 11. for thught r. taught P. 140. l. 2. for and Christ hath r. and hath Christ P. 152. l. 17. for prophane use of them r. prophane manner CHAP. I. Of the Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto § 1. THat there is such a thing as Christian Liberty none pretending to a true information in the Doctrine of the Gospel of Christ I suppose will deny neither need I make it my present task for to prove But the great Contest for many Ages hath been about the true Nature and Extent of this Liberty Some stretching the bounds thereof larger than Christ ever did intrenching on Civil and Moral Laws opening thereby a gap to Licentiousness and the violation of the bonds of Humane Societies in Magistratical Rule and Government Others curtalizing and abridging the said Liberty not allowing it those lawful extents allotted thereto by Christ audaciously depriving his poor Members of many Gospel-Priviledges and Advantages granted them by Charter from the Supreme King and Lawgiver Civil and Antichristian Powers still making it their business to spy out this Liberty and their great designe to bring them into Bondage § 2. Calvin observes Duplex esse Regimen in Homine alterum Spirituale quo Conscientia ad pietatem cultum divinum instituitur alterum Politicum quo ad Humanitatis Civilitatis officia quae inter homines servanda sunt homo eruditur Jurisdictio Spiritualis Temporalis i. e. There is in Man a twofold Government the one Spiritual whereby the Conscience is instructed unto Piety and the Worship of God The other Political whereby a man is taught the Duties of Humanity and Civility which are to be observed between man and man a spiritual Jurisdiction and a temporal Which Observation hath Moral foundation and an Evangelical ratification the whole of a Christian being comprehended under these two Heads of Duty charged upon us by the Old and New Testament towards God and towards our Neighbour On the first of which Christ hath by his peculiar Legislative Power over his Church established the whole Oeconomy thereof On the latter he hath chiefly raised the edifices of Civil States and Humane Societies where he hath allowed a latitude of Legislative Power unto the Sons of men as unto his Delegates and Substitutes in earthly Rule and Government Unto both of these Jurisdictions he hath laid on man a firm Obligation by planting his Moral Light in Conscience so that he cannot start from either of these Duties without starting from himself as our first Parents did in their Transgression and all others in putting forth the poyson of that original blot in actual sins of Omission or Commission all which are but irregularities or nonconformities to this Moral obligation laid on Conscience either manifestly so or easily reducible thereunto For whatever is a trespass against the revealed Will of God for Duty in Moral Obedience or instituted Worship is a sin not but that Instituted Worship is fundamentally Moral Obedience but is therefore in some sense distinguished from it the serving of God according to his own appointment being the principal part of the Moral Law because God hath according to the several states of his Church altered the mode and manner of his Worship as he hath thought it best in his Wisdom and as hath bin most suitable to the several ages and states of his Church which alterable or altered Circumstances being the product of Christ's Prerogative alone are called his Instituted Worship § 3. Hence both these Jurisdictions are Primarily and Morally subjected to the King of Kings he orders disposeth of and rules in the Kingdoms of men as well as in his Church and hearts of men yea by ruling Heart and Conscience as well as by disposing Providence he rules Civil States and subordinate Societies but the manifest difference is here that God's political Rule in the Kingdoms of the Earth and humane States is more remote and mediate but that of Church and Conscience being Spiritual is more proximate and immediate He only gives general Laws to Civil Societies and leaves a limited Legislative Power as to particular collateral and incident cases to humane Governours substituted providentially by him To these he leaves the immediate administration of Rule and Government as to an Executive Power altogether and as to a Legislative Power in a great measure but hath reserved the immediate administration of Rule in his Spiritual Dominions to himself alone as to Legislation in his Church and both Legislation and Execution as to Conscience § 4. These two Modes or Degrees of Administration must not be confounded together Man must have no greater share in Rule and Government than
to the manifested will and intendment of the Law-giver Therefore the power of Execution is always a secundary and derived Power in respect of the Power of Legislation because it supposeth a Law made and the will of the Law-giver to put it in practice which Will is the ground of Execution but is not actually begun till the promulgation and a positive injunction binding unto practice and is compleated either in performing acts of obedience and receiving the Law-encouragements this is chiefly on the part of the Subject or in case of disobedience by executing the vindicative part of the Law which belongs to the substituted Executioners to do and the Subject to submit unto So that all Laws are satisfied in obedience and giving the stated reward thereunto which satisfaction Ergo partly depends on the Subject partly on the Ruler executing or they are dissatisfied in disobedience therefore righting themselves in executing the minatory part on Offenders Hence all Laws are capable of being satisfied or fulfilled as to their whole intent and purpose one of these ways in Active or Passive Obedience on the part of the Subject and the faithful discharge of the executive Power by Governours in the due distribution of rewards and punishments § 10. Hence Executive Power is Obediential or Judicial Obediential is an executive ability in the Subject bound for by his obedience unto the Law he executes and fulfills the will of the Law-giver most properly as to the first intentions for the first end of the Law and designe of its Maker is actual Obedience and both in the Command and Penalty annexed And in this sence the meanest Subject doth put in execution the Law of his Soverain at lâ—â—st in administration of commutative Justice towards the Magistrate in rendring him his own as well as towards his Fellow-subjects in doing justice to them § 11. Judicial executive Power is when the Law-giver or his Substitutes judging of Obedience or Disobedience as to matter of fact do judicially determine the same by and according to the true intent and meaning of the Law and finding Obedience distribute the due rewards and encouragements thereunto and judging of Disobedience omissive or commissive do inflict all penalties in such cases by the Law provided The faithful discharge of which Trust belongs to Governours and is rightly called Distributive Justice CHAP. III. Of Christ's immediate Legislative Power § 1. THough Christ be King of Kings and Lord of Lords in respect of all the Rulers and Principalities in the world visible and invisible yet there is a special Dominion reserved to himself as peculiar in many respects so in this that he hath not committed the management thereof to others in juridical affairs in two respects viz. in Legislation and in Deputation of executive Ministers This is a Diamond in the Crown of his Prerogative as Mediator and sole head of Conscience and Church which he purchased and cleansed with his Blood § 2. That unlimited Supream Power which is every where ascribed to God is Christ's not onely as God the second person in the God-head but as Mediator God-man constituted by the Father Head over the Church and over all things to the Church see Ephes 1.21 22. Matth. 28 c. Ergo he exerts this power not onely as Creator but as Mediator and as such a Legislative power belongs to him not onely properly and primarily as being the political Head of his Church but secundarily for its sake he exerts such a Power over all Societies in the world and having this supream Legislation in his hands he can make what Laws he please and substitute others to what Law-making-power he pleaseth to entrust them with or determine how far in that kinde they may act at their discretion or arbitrement So that Christ rules his Kingdomes either by his own immediate Legislative administration or mediately by inferiour limited Law-givers he rules by himself or by others § 3. His immediate rule is especially to be considered as more General or more Special as he is Creator or as he is Redeemer God as Creator of all natural Agents he onely can command his Creature what it must do in order to those ends for which it was created and this government of natural Agents is in a sense of a Spiritual nature proceeding in a spiritual manner from a glorious Spirit for spiritual ends viz. the glory of Gods Soverainty Power Wisdom Goodness c. all the Creation praising him and ascribing Glory and Honour unto the Lamb which Glory is subordinated to that which shines forth more resplendidly in his Church and he disposing all things in order to his advancement therein to the highest honour and dignity this Government of Christ may be said to be a spiritual Rule and Government § 4. This General Government may be consider'd as he rules intelligible or non-intelligible Creatures these he rules by the Instincts of Nature which may be and are called his Statutes and Ordinances which are no other than the impression of the Will of him that made them As in a Watch or any piece of curious Mechanism the minde of the Workman is plainly read in all the parts thereof He ruleth intelligible natural Agents such as Angels and Men by higher Laws What the Law of Angels is we shall not discuss now nor determine but that they are Govern'd by a Law I doubt not but may be proved both from the sin of them that fell and otherwise for where there is no Law there is no Transgression The Law ruling Men as rational Agents is a Law of Manners ruling all humane motions that are cum electione for some natural motions in man are per necessitatem Naturae as the running of the Blood in the Veins c. but these are under the Gubernation of natural Instinct And as God fastens his Law of Nature by instinct on the unintelligible Agents so on Agents per electionem he fixeth his Moral Law by Natural Conscience which is a kinde of rational moral Instinct whereby the very Gentiles that have not the written Law are in a great measure convinced of the nature of it and their Duty in obedience thereunto Rom. 2.13 14. and in this sence he enlightneth every man that cometh into the world Joh. 1. and from this Law of moral Light closing with natural Conscience ariseth accusation or excusation according to the obedience or disobedience yielded thereto whereby Christ in a manner rules in all men at least laying a claim to his right of Dominion so much disowned and rejected by the prevailing Law of sin and this may be ascribed to Christs spiritual rule it being his peculiar Prerogative to govern in Conscience and notwithstanding sins rebellion in all natural men yet Christ there retains his seat of Judicature and as he judgeth and condemneth now so he will by the same Law prove them unexcusable at the last day § 5. The more special immediate jurisdiction of Christ is his most proper
from the Crisis or Conclusion and 't is either just or unjust Just when it denounceth Sentence according to the true intent of the Law and the true nature of the Fact whereby it proves to be justly peaceable or justly troublesome and tormenting to us and when it acquits is pacatè bona Or it is Vnjust when the Sentence is pronounced otherwise than the premises do require and when it thus acquits it 's pacatè mala And when it thus condemns leading many to the very brink of Despair it is Iniquè crudeliter mala The former is often a bribed Conscience captivated and carried away with the favour of some base beloved Lust and Affection and a brutish blind heathenish Conscience Jud. 10.2 Pet. 2.12 Joh. 8.44 Or a judicially seared Conscience such as is spoken of 1 Tim. 4.10 If it be iniquè mala injuriously and cruelly evil it will condemn where Christ hath acquitted and this usually from too much embondagement to the Law which may be for a time in Saints and true Believers and is called the Spirit of bondage Rom. 8. A just peaceable Conscience makes a happy man A just tormenting or condemning Conscience makes a miserable man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Antiph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip. The greatest Pleasure he hath got That on his Conscience hath no spot What sore disease Orestes thee hath prest It 's wounded Conscience sure within thy brest CHAP. VI. Concerning the Dominion of Conscience THus far of the nature of Conscience next of the Dominion and Regiment who it is that hath the immediate Rule and Government of it I shall shew therefore that the Government of Conscience is the peculiar prerogative of God alone and that 't is Usurpation for any to enter into that Jurisdiction and the highest presumption to attempt it it belonging to none other by right nor possible for any other to attain There being none able effectually to enjoyn Conscience to do its duty in making judicial trials of our persons and actions but God alone If at any time Satan or humane Authority set Conscience on work it 's in nomine Dei sub praetextu divinae Authoritatis And all humane Laws conscientiously obeyed are obeyed for the Lords sake such obedience being commanded of God § 2. That it's Gods onely Prerogative to rule in Conscience doth appear by many reasons 1. God onely knows the Heart and Conscience and therefore is onely able to give a Law to it and rule in it if the one be his prerogative above men and Angels the other must be also 2. It 's in Gods power onely to inflict punishment on Conscience in case of transgression Men may punish the outward man but cannot touch the inward man Conscience is not within the reach of his stroak and they pretend in vain to a power of Law-making who cannot execute it on the Subject for whom it is made 3. The Conscience is accountable to none but God it being his immediate Substitute in man he is Creator of it and he never subjected it to any Law but for his sake all sin as such is against God and no trangression of humane Law becomes morally a sin but by its relation some way or other to Gods Law by vertue of some of his general or particular Precepts or Commissions 4. There is nothing but the most universal or chiefest good or evil can oblige Conscience to Obedience or deter from Disobedience which none can make us partakers of or sufferers under but God alone Mens Stipitulations are never more than temporal Rewards and Punishments these Conscience doth not will not it 's not in the nature of it to stoop to them The concerns of Conscience are principally fixed on the Spiritual and Eternal Estate which none but the God of Spirits can bereave it of Again as God onely can lay down the first Rules of Truth and Errour to the Understanding so he determines good and evil as a rule of the Will and limitation of man in his Election suitable to the nature of a free Agent having an arbitrary Power over the Arbitrium of mans will as well as over other things For as he hath created the Will so he hath determinated the Object that is most adequate to it and not onely in genere boni but in specie moralis boni Ergo God is the proper and immediate Ruler of the Understanding and Will of man in genere morali Likewise no trangression of the Laws of man brings any truely-enlightned Conscience under guilt without consulting the Minde and Will of God A Childes not doing a Parents command is not a sin as such neither will it lay the Conscience under guilt any farther than it is a transgression of Gods Law i. e. disobedience to them in those things that God hath enjoyned obedience in Childrens obedience to Parents is in the Lord so Subjects to Magistates for both Parents and Magistrates do sometimes command such things that it 's a virtue and not a vice in Children or Subjects not to obey so that their refusal be accompanied with all submission reverence and modesty towards their Superiours No man hath a moral Legislative power over another but all men in respect of moral Laws at least fundamentally understood are liable and subject to the same King and Governour and to his Tribunal will every Conscience appeal before it will lie under true guilt whatever the judgement of man is And though men may torment or kill the outward man and vex the Spirits because of temporal Sufferings yet the Conscience will stand or fall onely by the Judgement of God I may adde also upon what authority we receive a truth of a Spiritual nature so as to believe it by the same authority onely shall we suffer if we disobey it but Conscience believes no spiritual truth but upon Gods authority Ergo it's by his authority onely that we shall suffer in Conscience and this is the reason that when men would impose their usurpations they still bring a blinde along with them viz. a pretence to God's Authority Thus the Pope and his imitators in spiritual things as also Secular Powers will endeavour by casting a noose upon Conscience as it stands in relation unto God to make it serve their politick and carnal ends by tying men up by Oaths indefinite to all their lawless Laws and Constitutions in Church and State Lastly by the same authority and no other by which men shall be judged at last by the same is Conscience ruled now Those that shall be judged by the Light of Nature have God ruling and judging in them by the Light of Nature onely so those that shall be judged by the written Law and by the Gospel of Jesus Christ § 3. Now lest there should be any mistake of our true meaning about this Dominion of Conscience let us take notice of a few distinctions concerning Conscience Conscience is to be
if the Law be just and equitable a Christian is bound in Conscience to yield positive active obedience not onely for wrath i. e. fear of threat and punishment but for Conscience sake because the Law of God obligeth us to obedience to all the just Laws of men civil Government being his appointment as much as Oeconomical but it 's not mans Law that nextly and immediately bindes Conscience to obedience but Gods and mans Law bindes onely by vertue of and for the sake of Gods Hence a man that breaks the just Laws of man sins against God and eo nomine wrongs his Conscience As on the other hand he that obeys an unjust Law of man i. e. a Law no way warrantable by the revealed will of God breaks Gods Law and if his Conscience tell him so he sins against his Conscience which always aggravates any sin against God Hence if at any time he hath to do with any such Law he ought rather to run the hazard of mans displeasure than Gods God is to be obeyed rather than man if one must be disobeyed and obeying God indemnifies Conscience from the guilt of sin in our disobeying of man in the same act So if a Law of man lies before us which we doubt concerning the lawfulness of we are here at least to suspend active obedience while we seek for further information for whether the thing in it self be sin or no it 's not so much to us at present as whether we are satisfied of the nature of it and know what it is by the light of Truth shining in our Hearts it will amount to sin in us to do a doubtful action if the Apostles Doctrine be true But if the Precepts of men be found upon the best examination to be contrary to God's a Christian's Conscience is the most certainly disobliged his duty lies plain before him God's Law is to be observed and hence it is that some can joyfully suffer all wrongs from the hands of men in the case of refusal of active obedience unto their Laws because they are perswaded either from a truely-enlightned Conscience or from an erring which is binding as to present action for a man must walk by that light he hath or by none at all that such refusal of active Obedience and the sufferings of theirs is agreeable to the revealed minde of God and therefore most justifiable at God's and Man's Tribunal § 6. Here will fall in a great enquiry That although it be true that all Humane Power both Legislative and Executive be limited by a superiour Power yet there 's but few that have the felicity of keeping within prescribed bounds or having such Subjects that will not be excepting against the Laws of their Superiours as not agreable to God's Laws and this they will make the Plea for their disobedience Both Superiours and Inferiours will plead Conscience though never so unrighteously what should be done in this case Unto this Allegation many things may be said for it 's sufficiently known that though every Law primarily requires active Obedience yet upon a Transgression it is satisfied with the due execution of the Penalty but for the future expects active Obedience and a reiterated refusal of Obedience the Law looks upon as presumptuous and is really so if this continuation at enmity with the Law be voluntary and deliberate after sufficient Information and Conviction And if this refusal be conjoyn'd with resistance it is no better than Rebellion which we explode as unwarrantable for a Christian About Presumption we distinguish there is that which is really so and that which is onely called so by an unjust Law and mistaking Judge Persisting in refusal of obedience after conviction of our duty is presumption and a sin against God whoever the Law-maker is But if such persistance be justified by the light of God's Law in Conscience it is not a presumptuous sin or any sin at all against God however man may term it a presumptuous breach of his Law for a conscientious Christian can no more obey an unrighteous Law after suffering than before § 7. In all cases of voluntary deliberate refusal of active Obedience to a Law there is and must needs be a wrong done to the Law-giver or Subject To the Law-giver if his Power Law and Ends be good and they not answered for the first end of every Law is and ought to be active Obedience as beforesaid the Law of God first obliging us so to the just Laws of man and the end of the execution of punishment is for the reducing the sufferers to active Obedience and the exemplary restraint of others from Disobedience Hence it follows that a deliberate resolved and constant undergoing of Suffering in this way of refusal is a practical charging the Magistrate with the highest Usurpation and Tyranny in imposing Laws of that nature and therefore the greatest disparaging testimony born against his Law a great reputation in the judgement of the world to the Cause pleaded for let it be truth or errour and the most exemplary disappointment of the Magistrates Law-making ends whereby others are greatly emboldened to the same kind of refusal § 8. In all cases where Magistrates abuse their Power they do a wrong to the supream Judge in going beyond his Commission and intrenching on his Prerogative and do apparent injury to the Subject 1. In that an inferiour subordinate Law-giver hath bereaved him by a Law of those just Liberties and Priviledges granted to him by the Charter of his supream Law-giver 2. In afflicting and grieving his Subject by imposing an unjust Law and causing him to suffer by it when he pleads exemption by a Law in full force and a discharge from a higher Court and is praiseworthy for the said refusal not to be condemned no nor reproached as an evil doer or presumptuous for his permanency in non-obedience 3. In laying his Subject under a necessity of continued and reiterated sufferings he being obliged in Conscience or else to answer the default at a higher Tribunal constantly to persist in his refusal to yield such Obedience though he is to pass under renewed and reiterated penalties for a man to return to obedience after a deliberate suffering is a visible practical condemnation of himself for his former refusal which would greatly reflect on his honour both as a man or a Christian unless by the access of further light he findes his Conscience did erre and so be convinced of his duty then it becomes him both as a man and Christian to retract Humanum est errare beluinum in errore persistere § 9. Now seeing such inevitable wrong lights somewhere in cases of these deliberate refusals it will be enquired who or what must determine to the satisfaction of each party both standing highly on their Justification To which I answer An actual reconciliation is utterly impossible rebus sic stantibus because it will be as the greater overswaying earthly power will have it Deo
in their circumstances and therefore cannot be determined but pro hic nunc and must be liable still to no other judgement than that of Discretion Those things that Christ hath left under it cannot by humane Laws be removed from it therefore indifferent things may be agreed on by common consent in Congregations or by the Officers thereof according as the expediency or conveniency appears unto them and for so long and no longer Hence they cannot undergo the Title or Denomination of a Law but onely of prudential Rules which have no binding reason for observation but the continuance of the agreeing circumstances as it may be judged most convenient by the Church to assemble at such an hour so long as the days are of such a length but when that circumstance alters then it may be more convenient at another Many such instances may be given and no Church can walk comfortably as long as any Authority undertakes to prohibit them of this liberty of their Prudentials in all such matters of circumstance and alterable appendixes to the worship of God CHAP. XII Wherein is handled the first Question about things Indifferent § 1. THe first Question that seems to offer itself to be so this Whether a religious Gospel-Indifferency ceaseth to be so when any thing is positively and certainly determined as to its practice by humane Authority Explic. By religious Gospel-Indifferency I understand as before-mentioned any thing or action which circumstantially adheres to the worship of God and may be used or omitted or altered according to the judgement of discretion without any transgression of a Law of Christ Again this we acknowledge that a thing may be determined as to Expediency by a Society or lawful Authority but not imposed as a standing and binding Law but being commended by the judgements of many concurring conscientiously studious of the minde and will of Christ it carries the more force along with it to perswade us at least to present acting till by further and greater illumination we be otherwise enclined Nay if any thing be determined by those that are in Authority and proposed as their judgement according to their light received not Magisterially but Demonstratively onely convincingly enough as to the Expediency it carries with it the force of a Law unto Conscience not of man but of God man being a Candlestick onely to hold forth that Light and binds it to submit thereunto But otherwise if men in authority undertake to make a Law that a thing in itself by Christ's Law left indifferent i. e. to Christian discretion to do or omit shall become an absolute necessity or an expedient necessity and according to their will and opinion binde Inferiours to the constant practice of this by a penalty We affirm that a religious Gospel-Indifferency notwithstanding all humane authoritative determination changing it into a necessity keeps its pristine indifferency and remains the same to a Christians Conscience and practice The proof of this Assertion follows § 2. Argum. 1. That power that can change Gospel-indifferencies into Gospel-necessities can also change Gospel-necessities into Gospel-indifferencies but no humane Authority can do the latter Ergo not the former The Assumption will not be denied by any Protestant it being a presumption of the highest nature for humane authority to pretend to dispense with or null any of the manifest Laws of Christ The Major is also evident because it must be an Authority of the same kind to make and null a Law of the same kinde If it be said a humane authority may make a Gospel-indifferency necessary genere civili the Answer falls far short for we speak of Laws of the same kinde having equal force upon the Conscience for a Civil Legislative power can as well null any Law of a civil nature onely as it can make it So if Man could make Moral Laws he might as well null those which he hath made or dispense with them at pleasure as make new We must always allow a Soveraign Prerogative to Supream Law-givers in any kinde as to promulgate so to abrogate or dispense with their own Laws at pleasure And if it be said that those Laws that man makes concerning the use of indifferent things necessarily in the worship of Christ are civil onely being onely for decency splendor c. I reply that it cannot be so in the nature of them for it 's the respect and end of a thing that gives it its specifical denomination when it hath none such absolutely considered that which respects and aims at the Gospel-worship of Christ or pretends so to do is or should be a part of Gospel-worship as kneeling is an indifferent gesture a man may kneel when he doth other things besides acts of Worship or according to the Law of Christ he may kneel or stand or use another posture in Worship but when this or that gesture is applied to Worship it 's religious by its Respect Vse and Application but still of an indifferent nature under the Laws of Christ till by some binding Law the Conscience becomes bound up to the use of it in this or that part of Worship Now he that undertakes to binde Conscience here undertakes to make a Law for Christ and to entrench upon the Prerogative of Christ and that such that make such Laws do claim such a power is manifest because they make obedience unto such Laws necessary by vertue of a Law of Christ Let every Soul be subject to the higher power § 3. Argum. 2. If the nature of an Evangelical Indifferency may be changed jure into an Evangelical Necessity by any power besides Christ's then it must be because it 's Evangelically evil that this or that should remain indifferent which Christ hath left so or at least better for the honour of Christ and good of his Church that it should become a necessity i. e. a commanded good or prohibited evil than indifferent to be disposed by the discretion of particular Churches or Christians but there is no true Evangelical Indifferency that hath such a reason for the change of it into a necessity Ergo the reason of the Consequence is this because whatever is altered by a Law is supposed to be altered from worse to better and what is altered by a Law for Christ is or should be made more for the honour of Christ and therefore far better than it was before but it cannot be supposed that any thing that this wise Law-giver left in indifferency to practice or omit according to the judgement of discretion should be more for his honour if it were converted into a necessity by a Law for to say so would be a high impeachment of the wisdom of Christ as it is of a King and Parliament when any shall presume to say they have not made such Laws as are needfull to be made and have left the Subject under a greater liberty than is for the good of the Commonweal or honour of the King To say
so therefore is to make a double reflexion on Christ First that his Laws are defective for the accomplishment of those ends for which they were established and that the liberty granted by Christ unto his Members in indifferent things hath too great a latitude to be consistent with that exact Gospel-worship which we should honour him by And if it be said that which Christ hath left Evangelically indifferent may be unlawful in respect of other Laws we say that all the true jus of other Laws must be founded on Christ's and his is precedaneous to them and therefore as in authority or practice it must take place before them Moreover we say that Christ hath not so ill establish'd Christian Liberty as that thereby we are licensed to violate any natural or civil bonds § 4. Argum. 3. That which by Christ's Authority hath left a Character impressed on Conscience cannot by any authority be abrogated without removal of the said Character but as the Laws so the Liberty by Gospel-Charter granted by Christ hath left such a Character impressed indelibly on Conscience as cannot be removed by any other Authority therefore Christian Liberty cannot be abrogated c. Ergo a religious Gospel-indifferency cannot be taken away or cease by the determination of mere humane Laws i. e. humane Laws that Christ never allowed man to make The Major is evident in that the revealed will of Christ when it shines into the Heart fixeth an indelible Character upon Conscience for positive obedience and also as to indifferent things for he that knows not one by the Law knows not the other nor can never tell when he sins and when he doth not and if any other could interpose and make a Law to binde Conscience sub reatu by new Laws or release it by new Liberties either to make additional Characters or delete Christ's Christian Religion would thereby become no other than an undigested heap of uncertainties and confusions It 's true Characters are sometimes removed from Conscience as in case of Justification of a sinner by Faith Rom. 8. So in case of an erring Conscience that supposeth this to be his duty which is not and that to be indifferent which is necessary all errour when entertained lays hold on Conscience Sub pretextu authoritatis Christi under pretence of Christ's Authority and so do all humane usurping Laws when they insinuate themselves into Conscience and when by a farther informing light the Errour is expell'd from the Judgement and Conscience the Authority of Christ still remains expelling the Errour which no humane Authority could do and confirming the Conscience in the truth maugre all the opposition of any humane power so that where Christ's Laws hath once prevailed so far as to fix his Authority there it was never known that whatever mens external practices or conformities were that ever any humane Power could blot out the Characters of Christ's Prerogative and fix another Supremacy there for that is but a vain Law in religious things that cannot binde the Conscience under guilt in case of transgression I shall never conscienciously observe that for my duty the omission of which doth not make me conscious of a Transgression As to the Minor that the liberty granted by Christ leaves a Character on Conscience as well as the Laws of Christ is manifest 1. Because Laws are the bounds of Liberty and one must be known and acted as well as the other as hath been said before 2. Because their liberty is not the will of Christ permissive onely but in some measure positive i. e. so far as that Christians should walk in it he having but two paths to walk in either of positively directed obedience or of Liberty under the judgement of discretion regulated by the rules of Expediency for either in matters of instituted Worship Christ hath by a manifestation of his will limited our Actions or hath left Churches and Christians in the Equilibrio of indifferency to poise themselves according to Conscience-Light as to respective differencies by discretion and where there is an equality to chuse pro arbitrio Again our assurance is not onely negative but positive that it is Christ's will that we should maintain our liberty in Religious things stand fast in that liberty c. Neither can any take it away without intruding on Conscience and entrenching on his Prerogative which for us to yield to were to betray his Crown and Scepter § 5. Argum. 4. Hence if such a Law be made it ought not to be made and ergo the thing retains its pristine nature That Law which directly puts a Christian on a necessity of sinning in obeying it ought not to be made but a Law that changeth Evangelical indifferencies into necessities doth directly put a Christian on a necessity of sinning if he obeys Ergo it ought not to be made That the Major may be universal I adde directly because many good Laws are occasions of sinning indirectly but when the Law requires such obedience which in the very substance of it is sin because the obedience directly aimed at is the formal reason of the Law such a Law must needs be sinful The Minor doth thus appear because such a Law bindes a man up in obedience to it in one part of the indifferency whereas that part of the indifferency according to Christ's rules of expediency may be unlawful to be done and then the humane Law and the said Gospel-rules contradict one another Expediencies altering daily as to attending circumstances at some times it 's lawful to do that thing which at another is more agreeable to the honour of Christ and the good of others to avoid As for Example the Apostle reckons eating this or that sort of meat sold in the Shambles as an indifferent thing if I make no question whether it be Jewishly unclean or Heathenishly sacrificed to Idols 1 Cor. 10.25 27. but if I am enforced by Law to eat this or that sort of meat in the Shambles which is sacrificed to Idols I am necessitated to sin 1. I offend my Brother that makes this Law confirming him in sin for the sake of whose Conscience I ought by the Apostles rule to forbear this act and therefore sin against all such as idolatrously eat this sacrificed meat For what can tell me more plainly than the Law that this or that meat by its attending circumstances is sacrificed to Idols Again to hear the Word of God in this or that publick place is an indifferency to hear it to my edification as near as possible is the Precept of Christ but if I am bound by a humane Law to hear always in my own Parish-church and thereby debarred of my liberty of hearing there where I can most profit and whereas the Parish-minister is ignorant prophane or erroneous whom to hear constantly must needs be sin to me I am certainly by this Law put upon a necessity of sinning in yielding active obedience unto it § 6. Argum. 5. That Indifferencies
Subordinate Churches 2. It is not in the capacity of any one or few Supreme Magistrates to convene an Oecumenical Council because no Magistrate can by any civil Authority much less by any Ecclesiastical of which he hath none call forth the Bishops of another Nation to such a Council Whereas an Oecumenical Pastor whose Authority reaches equally to all National Churches and to Magistrates as Members thereof may Authoritatively command the presence of any Reverend Father whatsoever and demand the consent of the Magistrate thereto under the pain of Church-censures and to permit his Bishops to assemble in or out of his Dominions whereas there is no one or more Supreme Magistrate hath any universal tye Ecclesiastical or Civil of other States and Dominions to his Jurisdiction so that they are necessitated under any Law to submit thereunto unless such which they have reduced unto Homage and Vassalage by dint of Sword or such as by voluntary Subjection have yielded themselves 3. Magistrates have not then a Power to call an Oecumenical Council when they please or if there were such an Emperour there never was or will be that could in respect of his civil power do so yet they have no Ecclesiastical power to do it authoritatively but onely by concurrence or consent whereas all Church-Assemblies are authoritatively to be called by the Officers of the said Church or else they cannot act so when called by Assembled unless we reduce Church-government unto a Democracy § 18. Obj. It may be also said that an Oecumenical Council may be convened by the consent of Patriarchs and Bishops among themselves Answ 1. This is no Authoritative way of assembling such as Bishops will always contend for but onely precarious 2. If they assemble this way either it must be no Council till all be agreed which may be long enough first or any few agreeing to assemble and give notice of such resolutions to others who are averse to such Proposals may gather together and call themselves an Oecumenical Council undertake to make Decrees determine matters of consequence and impose on the dissenting Churches And what dangerous consequence would this be of in the Church especially where Heretical Pastors abound as in the times of the Arrian Macedonian and Nestorian Heresies 3. If National Pastors may convene by consent to constitute an Oecumenical Council why may not Bishops and Archbishops convene by consent to make up a National Synod without the Authoritative Call of the Primate which will by no means be allowed 2ly and lastly By whose authority shall a Catholick Assembly have its Sanction if not by the Catholick Pastor for it 's not every Council that calls it self Oecumenical that can or may be allowed to be such neither ever was there or ever will be any so General that all the Pastors were assembled But it is in this as in all other Church-Assemblies if they be called by the Pastor and publick notice given to all the Members of the time and place the absence of some alters not the nature of it Ergo there should be an Oecumenical Pastor for these ends and purposes CHAP. XV. Of the Magistrates Power in matters of Religion § 1. THe power of Magistrates in matters of Religion hath been very much controverted and variously determined by men of Learning and Conscience I shall not fill up these sheets with transcribing other mens Sentiments I shall onely propound what seems to me to be agreeable to Scripture and Reason with as much perspicuity and brevity as I can There are three things for enquiry that will principally lie before us 1. Whether the Civil Magistrate may exercise a Legislative power in matters Evangelically indifferent 2. Whether in the execution of Ecclesiastical Justice the sword of the Magistrate may be used 3. What are the true bounds and limits of the Magistrates power in matters of Religion The first Question is thus to be understood Whether the Civil Magistrate may or can change things religiously indifferent into necessities by a competent Law i.e. by a Law binding Conscience primarily or secundarily by Christ's authority for we have shewed that no authority can reach Conscience so as to binde it or loose it but Christ's alone that being no competent Law that answers not the true nature of the obedience required which is always expected here to be conscientious All Christ's Laws flowing from his peculiar Legislative prerogative over his Church have an immediate influence on Conscience and do primarily binde as such All just humane Laws do secundarily binde Conscience i. e. not quatenus humane but they so far binde Conscience as men have derived such authority from the Lord Christ for the composing and enacting the said Laws Now if the Magistrate cannot make a Law in one of these kinds to binde Christians in matters indifferent he cannot do it by a competent Law § 2. Having thus explained the true meaning of our Enquiry we determine in the Negative and that for these following reasons Arg. 1. It 's Christs peculiar prerogative to be the Lawgiver to his Church i. e. to make such Laws as immediately concerns it He never gave this power to any or commissionated any to exercise a humane authority in this kind as hath been abundantly shewn He onely can do it 1. He is the onely Spiritual King there is no other mediate Spiritual King between him and his Church 2. He knows onely what is fit to be the matter of such a Law He knows onely which way he will be worshipped and no way can be acceptable to him but that which is of his immediate appointment it 's high presumption in any other to prescribe 3. It 's his Glory to reserve this to himself and he gives to Magistrates that power which they have it 's but reasonable he should reserve to himself what he pleaseth 4. If Magistrates can exercise any such power it must be by deputation from Christ If there be any such let them produce their Commission which cannot be pretended to in the New Testament and what is said of Magistrates power from the Old Testaments authority will easily be refuted if the particular cases be duely considered which I shall not now stay upon 5. If Christ hath given such a power to a Christian Magistrate it belongs to him as a Magistrate or as a Christian it doth not belong to him as a Civil Magistrate for then 1. As many sorts of Magistrates as the Church doth militate under so many sorts of Lawgivers in Spiritual things she should be subject to whether Christian Heretical Prophane or Heathenish and as the government of State alters in the Supream Magistracy so the Laws of the Church must according to the several interests and corrupt designes of the sons of men 2. The number and certainty of Ecclesiastical Laws could never be known for as he may make Laws he may repeal Laws where they are of the same kind So that there would be no certain standing Rule for the
are as liable to the Judicial proceedings of Magistrates as any others be but in these Evangelical parts of Worship annexed by Christ in substance or ceremony which distinguisheth the Oeconomy of the Church from that of the Commonweal here the Magistrate cannot execute by himself or depute another to administer the Executive part of Christ's Laws The reason is because all such Laws changing Indifferencies into Necessities in the Worship of God are of a Spiritual nature and Ecclesiastical and therefore must be executed spiritually in foro conscientiae or Ecclesiastically in foro Ecclesiae but he cannot do either of these for the first he cannot because Christ hath absolutely reserved Conscience to himself nor the latter because Execution in the Church is peculiar to the Officers of Christ as his Deputies and Officers of his own appointment § 6. Arg. 4. They that are not to make Laws for the terrour of them that do well are not to make such Laws as change Evangelical Indifferencies into Necessities at Ergo. The Minor is undeniable The Major appears thus to be true because to make such Laws is to terrifie Christians in the use not onely of their lawful liberty but also to shake them from their standing in that liberty that Christ hath purchased and commanded them to stand fast in besides the abridging them the free use of Christian discretion which is good from which they should not be terrified § 7. Arg. 5. The Magistrate cannot take away the Rights and Priviledges granted to the Church by Jesus Christ which he purchased for it c. by last Will and Testament bestowed and is his peoples right of Inheritance But the liberty of the use of the judgment of Discretion in matters of Indifferency is a great and valuable priviledge so granted and bestowed on his Church and People Now the Magistrate should be so far from bereaving the Church of these that 1. He is to maintain and defend the Church in the free use of its Liberties and to be as a Nursing Father to her therein 2. The Magistrate should be ready to punish the bereaving of the Church of her just Rights as Sacriledge which is robbing a Church a Sacred Body politick under the Civil Magistrates jurisdiction The Magistrate should be far from doing that action which he is to punish in another as Sacriledge and if a Christian's Liberty be a Sacred thing the taking of it away is Sacriledge That it is Sacred I prove thus That which is of sacred use and peculiarly related to the Worship of God and to the Members and Church of Christ as their Priviledge allotted to them by Christ's special procurement and appointment is Sacred and the taking it away is no better than Sacriledge As for other lawful Liberties common to them with others in Morals and Civils others may use them that are not related to the Gospel but a Christian Liberty is in things pertaining unto Christ and his ways of Worship and Service § 8. Arg. 6. He that can make those things necessary to the Worship of Christ which Christ hath onely made indifferent can make the Kingdom of Christ to consist in those things that he never did the Kingdom of God stands not in meats c. and the Kingdom of God stands in that which is necessary to it and if the Magistrate will make things necessary which Christ never did he goes about to make the Kingdom of God stand in that which Christ never did And this is a great usurpation of a power not belonging unto him for Christ never empowered the Magistrate to determine what his Kingdom should consist in and make it to consist in that which he never did § 9. Arg. 7. A Magistrate is not capable of exercising such a Coercive power as will make me believe in my conscience that to be necessary for the Worship of Christ which I am convinced that he hath left indifferent onely that Law for the Worship of Christ that lays no obligation on Conscience is of no concern therein Now Christ having bound Conscience by his Law as far as is necessary there is no room left for Man to come in with his Laws Whatever is Evangelically necessary to the Conscience of a Christian is so because he is convinced it is the Will of Christ that it should be necessary Now can the mere Coercive power of any one on Earth make a man believe that is not necessary which Christ hath made Conscience to submit to as necessary If so then may the same authority make a man believe that to be necessary which Christ hath made us believe not to be necessary but onely indifferent for as no Law of man can absolve a Christian from the conscientious observation of any one Law of Christ so no Law of Man can binde a Christian in Conscience to the practice of that in religious matters which Christ never bound him to but he will be still perswaded that Christ hath left it to him as an indifferency and it 's his duty to walk in it by discretion and that must be a Churches or Christian's own as the matter requires relating to a Community or private Person Obj. But the Magistrates Judgment can best determine of Expediency being greatest and wisest Ans In matters of that nature men may advise and the greater and wiser men are its likely the more forcible Arguments they may produce but there is no force to be in the case men are not to be forced by a Law to do that which is most expedient in the Worship of God For 1. the Magistrate may be mistaken and that which is expedient to him may not be to another 2. That which is expedient one time may not be another therefore in the doing Expediencies we are not to be determined to act always one way by a Law Object But the Magistrate may punish for not practising Answ None is to be punished for not practising what they believe unlawful CHAP. XVI Of the Vse of the Magistrates Sword in the Execution of Ecclestastical Justice § 1. THe Second Enquiry propounded about the Magistrates power is this Whether in the Execution of Ecclesiastical Justice the Sword of the Civil Magistrate may or ought to be used i. e. Whether for the punishing and reforming Offendors against Church-Laws the Magistrate may inflict such penalties on the outward Man as he and the Church shall agree upon as Pecuniary Mulcts Scourgings Imprisonments Confiscations yea death it self in some cases as in matters of Heresie and Seduction And to prevent mistakes we shall premise these things 1. That Church-Members offending Civil Laws may and ought to suffer the penalties thereof from the hands of Magistrates as such as stand subjected to them in a civil capacity equal with other Subjects 2. That a Church-Member as of the Church of England or any other may justly suffer for the same Offence from the Church and Civil Magistrate as for Drunkenness Swearing Fornication c. Moral
any authority granted by Christ challenge to himself a Legistative power in religious matters touching Faith or Worship he cannot null or dispense with one of the Laws of Jesus Christ neither may he make any new Laws to binde us to believe any thing more concerning God than is manifestly by his Word revealed or binde us to practice any alteration or addition in the Worship of God more than what Christ himself hath enacted This we have sufficiently proved in handling the Doctrine of Indifferency § 8. Fourthly No civil Magistrate can by any deputation from Christ claim an Executive power of the Political Laws of Christ in his Church for as Christ hath his own proper Laws in his Church his militant Kingdom distinct from other Laws for the right and exact Gospel-management of all his Political affairs therein and is more faithful than Moses in that very respect so he hath set in his Church his own Ministers and Officers distinct from all other sorts of Officers and Ministers in the world As Christ's Ministers are no civil Magistrates as such so no civil Magistrate is a Church-Minister as such Hence as a civil Magistrate hath no power to execute Christ's Political Laws or Institutions in his Church so he hath no power to execute any moral Laws in the Church i. e. he cannot punish a criminal offence by Ecclesiastical censures The moral Law runs through all Societies as the natural fundamental Rule to discern Good and Evil and Political Laws of all sorts should mainly respect it as the Standard and Magna Charta of all Laws and Justice which in respect of it are derivative though every particular Polity hath its own proper way and manner of distribution of moral Justice The civil State by a civil political Administration and Magistracy Families Oeconomically by the Heads thereof the Churches Ecclesiastically by its Pastors and other Officers all endeavouring by their distinct way and manner of Administration to secure the honour and justice of the Moral Law but none of these are to intermix their governments and political way of distribution seeing the God of Order hath fixed each one to his proper station and limit of jurisdiction Hence the civil State can no more punish the breach of moral Laws Ecclesiastically than the Church can punish them civilly and the Church can no more use the Magistrates Sword than the Magistrate can the Churches and vice versa neither can the Church or civil State punish the breaches of the moral Law Oeconomically any more than a Master of a Family as such can punish them Ecclesiastically or Civilly and upon that account may take upon him to be Magistrate or Pastor And though there was a mixture or rather conjunction of these Authorities in the same person in the infancy of Polities yet they have been separated in distinct persons by God himself for many Ages neither do any persons bearing distinct Offices make the Offices the same or necessarily mingle them in the performance of their several Functions § 9. Fifthly It is not in the power of the civil Magistrate or any humane Laws to binde or loose Conscience As Magistrates cannot reach it directly to charge it with either duty or guilt so it 's the greatest piece of Tyranny to attempt it by Penal Laws whereby Christians may be drawn in to ensnare their Consciences in guilt by sinning against God for fear of Man and a Christian is to obey the just Laws of man for Conscience sake i. e. for the Lords sake It is extrinsick to the Laws of men to binde Conscience it 's God that by his authority gives them a mediate Sanction and binds them on Conscience but where God lends not to humane Laws his binding power they are of no more force unto Conscience than Wit hs to binde Sampson It 's not the wit or strength of all Men and Angels that can binde one Conscience under guilt without a Law of God or divine authority to give force to humane their Penal Laws i.e. corporal Punishments or pecuniary Mulcts are very indirect and vain Mediums to enforce Conscience and very sinfully applied by Magistrates or others for that end in matters of Faith or Worship § 10. Sixthly That the supream Magistrate hath not the determination of Causes meenly Ecelesiastical and these are of two sorts either controverted Doctrinals or Causes disciplinary controverted for by Causes are to be understood here things under dispute and they controverted Doctrinals or under debate and they controverted Causes disciplinary and those Ecclesiastical things which are of this nature fall under one of these heads Doctrinal or Disciplinary First In doctrinal Causes controverted the Magistrate is not appointed by Christ as Judge neither is he a competent Judge 1. If he be quatenus a Magistrate then every Magistrate is a competent Judge and then a Heathen Mahometan or Heretical Magistrate and then you 'll say the determination must needs be very sound and good 2. Again how few Christian Magistrates are studied enough in Polemical Divinity being not bred to that learning or having so many recreations and secular concerns to divert them from it so as to be fit to have the ultimate determination of the most difficult and weighty points that learned Scholars in Divinity yea such as are studious and conscientious Christians after long study scrutiny and prayer cannot attain to a right understanding of so as to demonstrate the truth to the full and clear satisfaction of themselves or others Is it fit to make an Assembly of Divines Judges of a great and difficult case in Law There is the same reason for one as for the other 3. What determination a Magistrate makes dogmatically it 's simpliciter but his private Judgment and Opinion though he be a publick person And why should any mans private opinion be he what he will in the world be a binding Rule to the Faith of another in matters of Religion 4. It 's impossible that it should be so for man cannot make a Law to bound Faith in such things as are not founded on the light of Understanding and where they are so founded no man believes because of the Law of man but because of the evidence of Truth What Law can make any man believe that two and three make six but if it be that we must believe that three and three make six we do believe it but not because of the Penal Law but because of the evidence the Truth carries with it Non lex penalis sed veritas est ratio formalis fidei 5. The Faith of a Christian or the Understanding of a Rational man can no more rest in the opinion or determination of a Christian Magistrate without a sufficient light of Truth to convince him than in the opinion and determination of another man for he that tenders the honour of God and loves Truth cannot receive that which he is convinced of or at least suspects in his most serious judgment to be
But it 's not all kinde of Intelligence but some only in particular 1. Not a Theoretick Knowledge but a Practick and therefore always referring to some Action or Omission And 2. It is not referred to another mans affairs but his own whose it is And lastly it is not a mere apprehension or suspicion but a knowledge always at least of the fact and often determines by the Rule known of the Legality of the fact and so passeth Judgment and thence is called Judicium but sometimes Conscience is doubtful here and thence it is called a weak doubtful and scrupulous Conscience § 4. It may be therefore thus described Conscientia est modus Intellectus Judicialis practicus Conscience is the Vnderstandings Judicial manner of proceeding concerning our selves and actions A man in Conscience as God's Substitute or Deputy sits in Judgment upon himself first inquires as Jury of the matter of fact whereof according to Self-evidence he is found Guilty or Not-guilty and according to the Law manifested is acquitted or condemned This Judgment of Conscience may be considered in the power and act a man may have a Conscience-power which doth not exert and put forth act as a Man in Infancy or in Sleep Ergo it may be called Potestas intellectiva Intellectual Power reducible into act Again Intellectual Power is either Intuitiva vel ratiocinativa that is the intuitive which is the Vision or Understanding of a Truth Axiomatically or in the Abstract Ratiocinativa which is looking on several Truths compared together and one Truth being laid by another by way of Collation produceth a third Truth which we call a Conclusion or Inference The first and general truth that comes to the knowledge is the Law of God which is brought to us by the light of Nature or by the Word of God which way soever it comes it 's enough to give it a throne in Conscience that it be certainly known to be God's Law Nextly that our actions are laid by this Rule or brought before this Judgment-seat which two being solemnly brought together a third necessary Truth or Judgment according to truth doth result and is accordingly pronounced the certainty of which depends on the certainty of the Premises or at least the exact and just comparing them together The Understanding thus behaving it self puts on the nature of actual Conscience or Conscience in act bringing the habitual or potential Conscience into acts in this manner either concerning a mans state or actions Concerning a mans state The Soul that sins shall die I have sinned Ergo. Or concerning his particular actions He that committeth Idolatry or Adultery c. breaketh God's Law but I have committed such and such an act which is so Ergo § 5. Hence Conscience ruled by Christ's Prerogative is the practical reasoning Vnderstanding or Modus intellectus practicus in man whereby a judgment may be passed concerning a mans self by himself according to his apprehension of the revealed Judgment and Will of God its divine Authority that rules in mans Heart as to the approbation or condemnation of himself or actions The Conscience of the very blinde Heathens admit of no other power to acquit or condemn in this kind but either the convincing light of the moral Law written in them or some supposed false Divine light which by reason of the blindness of their Hearts seduceth them to false Worship and Idolatry § 6. The method of Conscience his acting is thus first there is the general undoubted truth known or assented to as such and it 's either that which is really so or supposedly so only and not so really if it be the latter it 's the main foundation of an erring Conscience It is the prospect of some apprehended Divine Truth or other Moral Levitical or Evangelical which obligeth us to acts of Obedience and this law-Law-obligation laid by God on man is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the Proposition of a practical Syllogisme made by Conscience 2. There is the Application of this Truth to our selves either as to our state or particular actions according to our own knowledge together with God's to judge of our Conformity or Non-conformity to the said law-Law-obligation and therefore concerning the goodness or evil of our Actions and here we take the Candle of the Lord in our hands to search out and examine our condition and actions in relation to good or evil and herein doth the chief nature of Conscience consist because it 's a submitting ourselves and actions to the judgment of God's Law and is therefore the Assumption of this practical Syllogisme and is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and is an Index Record Testimony Witness 3. There is the Crisis Inference or Conclusion necessarily deduced from the Premises and this is called the Judgment passed upon our state or actions Thus we have the whole Syllogisme which the understanding makes in this way of acting The Proposition is de Jure the Assumption de Facto the Conclusion is either a justification of person or action or it 's a condemnation of any of them found guilty § 7. The Synteresis is the light of Truth contained in the Law Nâ—eticè recepta sive practicum Axioma cum assensu intellectivo perceptum A light received into the understanding with assent thereunto or acknowledgment thereof as such A Law may be understood as to the matter of it but not believed as a Truth it may be known as a Truth but not owned as a Law yea it may be acknowledged as a Law but not yielded to as divine and authoritative enough to binde to Obedience yea it may be owned as a Law of God binding some people and at some times but not ourselves or at all times But unless the Truth taken for a Law be thus circumstantiated and so received by us it hath not force enough upon Conscience as a Law binding to Obedience So that Synteresis differs but ratione from the Law itself for it is the Law of God understood and yielded to as obliging unto practice and it 's not only the Law in its Letter and first Principles in its Original positive nature but in its aptitude to particular Cases and in its just Inferences and Consequences deducible from generals thereof all practical Truths pleading Divine Authority justly obliging us to belief § 8. That which stirs up the Understanding to compare Conditions and Actions with the divine Law in the assumption by a practical enquiry is a certain obligation which this Law-light hath the Heart of man under that it doth by a kinde of natural instinct act in the manner above-rehearsed which obligation is a necessity laid on the Understanding of owning and assenting to every known Law of God and thereby to make a practical disquisition and judgment accordingly The reason of this obligation lieth much in the necessity of the object And first the natural inclination the Understanding hath to every known truth as such but this is not
all for truth that obligeth to credence from the evidence of it obligeth not to Practice and Obedience having not a sufficient authority from whence it comes or not laying on us a necessity of obeying and therefore it must binde as a Law-truth challenging its ends by promises of rewards or threats of punishment Again 't is from a principle of self-love and preservation Seeing our selves liable to a Law and such a Law that can do us good or hurt we are bound by this first principle of nature to make an impartial enquiry into our conformity that we may be satisfied of our own safety and danger every one being desirous in this case to know the worst of himself Moreover seeing that all Law that bindes is backed with sufficient power to put it into vigorous and impartial execution and that which prevails so much with Conscience is the Law-givers absolute power to save and destroy He can punish the whole man Body and Soul which no humane Power can So that the Penalty being great and the power of the Law-giver infinite it must needs lay the Conscience under a very strict bond of enquiry Likewise if we consider that 't is not onely a sufficient power for Execution but an unlimited power of law-making wherein his Soverainty doth chiefly consist which Soverainty as it is most supream so it is most just and good and therefore this obligeth because God can make what Law he will and he cannot will to make any Law that is not fit for his Creature to obey Hence his Laws have always a necessary innate goodness in them because they flow from him who is primarily absolutely and independently good Ergo must be cannot but be holy just and good Laws Wherefore the impression of the goodness of a Divine Law is firmly fixed on mans natural Conscience however corruption may attempt the blotting it out it cannot totally do it but those who are renewed by Grace must needs see anotherguess lustre in it seeing not onely Divine goodness stamped on God's Law but Gospel-goodness Not onely the suitableness of his Commands to his Creature but to a sinner viz. the love of God so evidenced in giving and requiring his Law in such a way of Grace and compassion that it engageth them in the highest measure to Obedience yea new Obedience and their Consciences to a diligent and narrow disquisition thereof accordingly Lastly there is an innate reverence unto Divinity which the Creator hath placed in the Heart of man whereby the Law of God hath more command than any Laws in the world besides because there can be no greater distance than between the Creator and the Creature and Creation or giving us being is such an obligation as none but a Creator can lay upon the Creature and consequently our greatest good either in being or well-being is certainly hazzarded by the displeasure of our Creator Thus much of the practical propositions of Conscience from which of necessity follows the particular Conclusion as hath been said § 9. It remains to speak something of the diversities of Conscience which admits of no difference from Divine Law simply considered but from the Information or Illumination which the Understanding receives more or less therefrom The less enlightned Conscience is either the mere natural Conscience illuminated onely by the Light of Nature without a written Law such as the Apostle speaks of Rom. 2. Or the legal Conscience though enlightned by the written Law yet tasting nothing of Gospel-freedom and delivery by Jesus Christ and therefore in bondage to Moses and not yet subjected to the mediatorly Authority of Christ in Justification Sanctification or rules of spiritual walk The more enlightned Conscience is that which hath received Gospel-light and subjected thereunto from a true sence of the love of God in Christ hath submitted his self and ways to the guidance and conduct thereof in his whole progress to Life and Salvation The Conscience admits also of Magis Minus the more evangelically enlightned Conscience is that which is firmly ratified and confirmed in Gospel-truths and a due application thereof by Faith for comfort and practice and this is a firm stable Conscience and of such an one is rightly said that he is a strong Christian one that is rightly informed in his Duties and Priviledges by the Law of Christ The less Evangelically-enlightned Conscience is one that hath but a small information in the Minde and Will of Christ hath a sincere faith but little knowledge is not so well acquainted with the rules of Gospel-obedience nor with his Priviledges purchased by Jesus Christ and hence ariseth a doubting and scrupulous Conscience a doubting Conscience or Opinans is in respect chiefly of the will and minde of Christ is not fully resolved concerning it and therefore at best acts but from Opinion is unsetled and unresolved whether the Light directs him this way or that way and therefore is unstable in all such ways is not carried on with a Plerophory and full resolution to persist and this may be according to some Truths and Duties but not according to others A Christian may be strong in respect of some Truths but weak in respect of others so that the same Conscience may be strong or weak as it is clearly informed in some things and darkly in others yea it may be weak at one time and strong at another as it receives more or less Light A scrupulous Conscience is chiefly in respect of action concerning which he is needlesly and frivolously doubtful and therefore fearful and starting upon all occasions § 10. Thus far of the differences of Conscience taken from Synteresis briefly a few words of its differences also from Syneidesis Conscience may be distinguished from Syneidesis into a good or a bad Conscience The good Conscience is that which makes a diligent just and impartial enquiry into our condition and actions by a due application of them to the Rule or Law-light received by us An evil Conscience is such an one as from its enslavery to a lust doth not perform its duty aright towards the Law of God or ourselves but is either sloathful and will not take pains to search and examine our Hearts and ways Or it is partial and will be more strict in some respects and less in others of the same weight and concernment Or it is fallacious and deals not plainly and fully concerning the matter of fact but mincingly and equivocally feigning it to be better than it is in substance or circumstance or 't is stupid and blockish not valuing the weight of the Law or inspecting the nature of the Action It may be also troublesomely evil as well as negligently c. when it brings in too aggravating a Testimony in accusing beyond the nature of the Transgression representing the matter of fact more hainous and heavy than it ought to be represented Such a Conscience may be Honestè bona but Molestè mala § 11. Lastly we distinguish Conscience
considered according to its internal and its external acting It s internal acting is its believing assenting concurring judging between fact and fact or disbelieving dissenting condemning c. and these are those that are Actus eliciti and they are not without doubt under any humane Law or Power in the world either to force them where they are not or to obstruct them where they are As men may not presume to do it by any external compulsion so there is an impossibility in the nature of the thing that it can never be accomplished 'T is onely God's Prerogative to charge us to believe under a penalty and the light of Truth carries demonstration with it to challenge our assent and call forth our understanding to a free acting unless we be inveloped in the darkness of corrupt nature or captivated in slavery to any Lusts Neither is it in the power of man to remove this vail it 's God onely by the light of Truth working by its prevailing evidence and the mighty operation of the divine Spirit which way it pleaseth that can effect this Hence he that makes a penal Law that this or that thing is a truth and to be believed by me to be assented and consented unto and doth endeavour to compel me to such a belief and assent by the threats and punishments of this Law doth usurp a power that was never given unto him by God neither was ever practicable to effect the end pretended to § 4. Secondly There are external acts Actus imperati of Conscience as professing subscribing declaring doing but these are not properly acts of Conscience but from Conscience as they ought to be under the Rule and Dominion and direction of Conscience and will come to be duely considered in this place whether any man may be thus compelled by any subordinate Power and doubtless there is none that can compel a man to act from Conscience no more than he can compel him to understand or will what he pleaseth for though the acts are external and may be compelled de facto and in some cases de jure the principle of good or evil actions viz. from Conscience cannot be compelled the relation it hath to Conscience is internal as if a man be brought and forc'd upon his Knees before an Idol c. it is no formal act of Conscience for that still resists and opposeth the action though it 's improperly called a forcing of Conscience when a man is thus forced to an action against his Conscience Indeed he is forcibly induced through fear or sense of some evil to do or omit something against his light and conviction and the choice is also free he being attended with such circumstances yet it is said to be compelled because the argument of a Penalty to be incurred upon refusal is very strong to reach flesh to prevent the suffering of which the Will is carried away to chuse that as a comparative good which the enlightned Understanding allows not as lawful nor the Will as absolutely good and this is that compulsion of Conscience which is most usually found in the world And here it will be enquired whether any Subordinate power can lawfully compel us to such imperate acts Ans 1. I say men may make and execute de jure such a Law as many cannot in conscience submit unto by way of active obedience so that it be really such as the great Law-giver hath allowed them to make and it be agreeable to the rules and limits of power committed to their charge and the reason of refusal be the weakness and ignorance or prejudice of the Subject or else no Laws could be made or executed in the world for one or other that should obey would be pretending Conscience against it and here the Subject is to submit either actively if after sufficient illumination he findes the goodness and justness of the Law-giver If he doth not he is to refuse to act if he is perswaded it 's utterly unlawful but if it be doubtfully so he is to suspend his acts till he is better informed and patiently submit to the Magistrates will and pleasure in the Penalty-execution but if any Power endeavour to enforce obedience that no Power enacting may lawfully do and require us and force us with penalties it 's questionless very great Usurpation We must also consider the matter about which this compulsion may be conceived to be No Magistrate may compel to any thing against Conscience quatenus such Scil. under the formality and notion of being against Conscience that were the greatest Tyranny in the world Or we may understand it of compelling under the notion of Truth and so a Faith must be enforced which no man is capable of accomplishing this way Or Thirdly under the notion of Duty not respecting how the Consciences of persons stand affected in relation to it on whom it is urged And thus the Magistrate may compel to the doing of good or avoiding of evil by penal Edicts though accidentally it may be against the Consciences of some on whom it is imposed for the Magistrate being not a competent Judge of mens Consciences he cannot make other mens Consciences the rule of his Laws and Executions but the will of the Lord whose Ministers he is and the good of the Commonweal that is committed to his trust The Magistrate is not to command or forbid any thing under the formality of being with or against Conscience but he supposing that the Consciences of his Subjects are convinced being sufficiently pre-informed may command any thing to be done or forborn according to that latitude of Rule and Government which he hath received from the Lord whose Minister he is for the right knowledge whereof he ought sincerely and impartially to consult the Word of God and his own Conscience and so to take the measures of his own Duty and Actions Neither is his Conscience the Standard to his Subjects for every one must give an account of himself to God the Magistrate for himself as a Magistrate and the Subject for himself as such and therefore the Conscience of the Magistrate doth not binde the Subject to active obedience though his relation to him as such bindes him to Subjection which is abundantly shewed in his quiet and peaceable submitting himself to the Law-penalty if he cannot satisfie himself that the Magistrate acts in his place according to the revealed Minde and Will of God in such cases provided which cases also are always to be of a civil and politick nature for here he hath power compulsory of the outward man mandatory or prohibitory though the Conscience of the Subject is or may be pretended to be against it § 5. And now that all cause of exception may be removed on all hands it will be requisite more explicitely to shew how far a Christians Conscience hath to do with humane Authority and we grant that humane Authority in civil and politick affairs is an Ordinance of God 2. That