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
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
by the occasion or example of it shall thy weak Brother perish so far as he is concerned in thy actions for whom Christ died and so far as thou knowest he being fallen into or confirmed in sin by thy means and when ye sin so against the Brethren and wound their weak Consciences you sin against Christ The Apostle enlarges further and very plainly upon this point 1 Cor. 10.23 to the 9th c. which I shall not detain the reader upon but onely refer him to distinct reading and consideration of the Text and shall conclude this point with that eminent place of John the Apostle 1 Epist ch 2.10 He that loveth his Brother abideth in the Light i. e. the truth of the Gospel and there is no occasion of Stumbling the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in him that is no active scandal i. e. he gives no occasion of falling unto his Brother and there is no passive scandal he is so far enlightned and informed in the truth that he doth not easily take offence at his Brothers actions so as to start from the truth or walk in any ways of sin or errour neither is he soon offended and prejudiced at his Brothers person or profession as to start from the communion of either But he that hateth his Brother i. e. hath little regard to the welfare of his Brothers Soul is in darkness and walketh in darkness and knows not whither he goes because darkness hath blinded his Eyes Ergo will both stumble and fall and lay Stumbling-blocks and Scandals in the way of others that they may fall also CHAP. IX Of Necessities and Indifferences § 1. IN the next place it will follow to consider the things wherein the Consciences of the strong and weak are mostly concerned about the doing or not doing of which Scandals and Offences do arise amongst Christians and those are things necessary and indifferent § 2. The things wherein Conscience is bound to doing or avoiding by some Law are things necessary and if by Christ's Law they are religiously necessary if by Man's Law they are civilly necessary if by the Law of Nature then naturally necessary all things whatever antecedaneous to a Law are in a possibility to necessity or indifferency those things that are doubted of supposing them under a Law or relating to it not appearing to us whether necessary or indifferent are scruples and these are not so much in the nature of the thing as in Conscience § 3. An indifferent thing is generally known by this description Est medium quod ita se habet ad duo extrema ut non magis ad unum quam ad alterum inclinat It 's a middle thing that respects both extreams alike as that which is indifferent in respect of Morality 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sine discrimine aut differentiaÌ„ b. e. ratione boni mali determinati ulâ—â lege it 's in it self neither morally good nor morally evil it is as it were the middle of a Line that leaveth so much on both sides Est bonum malum physicum morale civile that it is equally separated from both in that as it is not the one so it is not the other and though good and evil are properly opposita per se sine ullo medio vel adversa for there is nothing in the world but is good or evil in some respect or other but because moral or civil good or evil is additional after the determinations of Nature in genere suo by some further Law there are some things or actions not concerned in the said Laws which things therefore can have no moral or civil goodness or evil in them but remain adiaphorus and so in this consideration necessary good and evil and indifferent are disparata and not contraria those things or actions which directly fall under the Law by positive Command or Prohibition are said to be absolute good and evil though it 's but secundum quid viz. properly in relation to the Law and those things or actions which are not directly concerned in the Law but onely circumstantially indifferent in themselves those are relatively necessary and respectively onely good or evil § 4. Though Good and Evil and Indifferent are disparata yet Necessary and Indifferent are adversa and there is no medium betwixt them for all things in the world are or may be ranked under these two Heads in respect of any Law of God or man whatsoever For either they are concerned in the Law or not if they be concerned they receive a relative constituted good or evil from the said Law if not concerned as to Command or Prohibition they remain indifferent and their indifferency also must be respective as to this or that Law for a thing may be indifferent and unconcerned as to one Law when it 's concerned in and made necessary by another Law § 5. By Laws of Nature in distinction from morality I understand more than meram artem Physicam here must be understood the rules of all Arts which are as so many Laws to direct every thing in its various respects unto its right end and all conformities and agreement of the things or respects to the said rules in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is good and all Irregularities and Falsities are evil though bonum malum is most proper in the moral acceptation yet we must allow it to be in other Arts besides Divinity in Logick there is good and evil consequence reasoning c. verum bomem though they be morally contra-distinct yet they are in Logick convertible terms so there is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of every Art which is its veritas leading to its right end and this is the bonitas thereof There is also a necessity in them and Necessarium quando semper verum est nec falsum esse potest when the Axiome affirmed is always true and never can be false to this is opposed a contingency which indeed is a medium between Truth and Falshood as Indifferency is between Good and Evil and is an Axiomatical indifferency properly as the other is moral and those things that are contingent are indifferently concerned in the rules of Art to Truth or Falshood Sic vera sunt ut aliquando falsa esse possunt sic falsa ut aliquando vera esse possunt § 6. All Necessities respecting Conscience and religious practice are moral and have their good and evil determined by a moral Law and these are of two sorts Absolute or Relative Absolute when the principal substance of the thing or action is determined as to good or evil the moral Law looks directly upon it the duty is called perfectum officium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a perfect or absolute throughout Duty A Relative necessity is when an indifferent thing in itself by a circumstantial respect to another thing falls under some Law and becomes good by way of expediency or evil by way of non-expediency it 's call'd commune
Indifferency which a weak Christian thinks according to his best light from Gods Word to be necessary than the other part which Authority lays a stress upon by a Law the reason is because I must chuse Suffering rather than indanger any Souls salvation in the least Now if I refuse active obedience to the Magistrate I onely run the hazard of suffering the penalty which it may be I can bear and comfort my self under but in case I wrong a Soul by my action I cannot free my self from sin and am an occasion of anothers too either of which are but especially both much heavier than the greatest suffering Lastly if I suffer the penalty of the Law I both fulfil the Law and save my Brother too § 2. Now these Obstacles being removed out of the way I proceed to determine the Question That in case any power Civil or Ecclesiastical shall presume so far as to enact Laws in the concerns of divine Worship so as to change Christian Indifferencies into Necessities that a Christian is bound to refuse active obedience thereto And I make good this Assertion by the following Arguments 1. To yield such obedience is to serve God according to the Will of Man but no Christian ought to serve God according to the Will of Man Ergo. The Major is true because it 's a serving God in such a way as is devised by man and to the obeyer is no other for he in his conscience believes so that it is not the Will of God The Minor is true because that is Will-Worship which is the product only of mans Will Gods Will being the onely Rule of Gods Worship and we must be sure of that Will in all matters of his Worship or else we bring vain Oblations unto him 2. The goodness determined by a humane Law for the sake of mans Will ought not to be preferred before the goodness of Expediency determined by a conscientious Christian for God's sake for such a goodness of Expediency is approved of by God and the contrary to it pro hic nunc is unlawful therefore from this closing with such goodness we are not to be deterred by any humane Law for an expediently necessary action according to the Will of God is to be of far more force with us than an action made absolutely necessary by the Will of man Yea it is to do a thing contrary to the Will of God to do that as necessary which God hath revealed his Will concerning that we should always do in a way of Indifferency and Expediency determinable by the judgment of discretion for to do things by way of Necessity and to do by way of Indifferency is to act by way of Contrariety and therefore to obey such Laws is to act contrary to the Will of God 3. To be brought under the power i. e. a necessity by a Law of any thing religiously indifferent is unlawful 1 Cor. 6.12 but to be brought to constant active obedience to mans Law commanding a necessary performance of an indifferent action is to be brought under the power of a thing i. e. into bondage i. e. under a Yoke which Christ never put us under Now Christ would not have us to make our selves slaves where he hath made us free 4. A Christian is to use his liberty purchased by Christ and to stand fast in it Ergo to practise it constantly notwithstanding all ensnaring and embondaging Laws of men and is bound to use his judgment in all his actions and where there is an Indifferency to chuse by the Rules of Expediency and not walk by an implicite Faith The wise mans eyes are in his head the fool walketh in darkness 5. Such active obedience is a betraying the Prerogative of Christ for if a Legislative power be Christ's Prerogative as hath been proved then the yielding active obedience to an usurping Law is the doing Homage to another Lawgiver in that kind and giving up the power of the Lord Jesus It 's like a Subjects introducing the power of a forreign Prince and doing all that lies in him to subvert that Law and Soveraignty to which he is naturally related and what can be greater Treason to any State 6. If a Christian here obey it must be for Christ's sake or Conscience sake Rom. 13. It cannot be for Christ's sake because it robs him of his Prerogative or betrays it neither can it be for Conscience sake to embondage it self where Christ hath left it free whatever tends to the captivity or slavery of Conscience is not for the good of Conscience for in this they are not Ministers to me for good for the Law tends not to my good in active obedience which if I see and yet yield I become a Minister of evil to my self 7. If it be a sin in the supream Powers to command and impose their said Laws it is a sin in a Christian to obey at Ergo. The consequence is manifest because the most formal reason of an evil Law is the evil obedience required The Minor hath been proved that such a Law is sin in Superiours to make but to confirm the consequence further to be a copartner with another in sin is sin but if the Magistrate command and I obey I am copartner with him A thing commanded can be evil but two ways either materially or circumstantially if it be materially evil there is no pretence for doing it whatever humane power command and if it be circumstantially it must be in the Commanders usurping a false power or there is some circumstantial relation pro hic nunc that makes it unlawful unto me or another It may be the thing may be materially lawful but under both these sorts of circumstances it may be unlawful as that I give away hereby Christ's Prerogative I rob my self of the use of my judgment of discretion by which every Christian is to walk and I it may be offend my brother I do not say a man may never do that part of the Indifferency that is commanded by a humane Law a Christian hath the use of his liberty as well after as before a humane Law and he is to walk by the Rule of Expediency still When he finds it most for Gods glory and his or anothers edification he may take that part of the Indifferency which is commanded sed non ratione praecepti humani but from that Expedient or convenient Goodness which pro hic nunc he finds in it But that obedience which we here declare against is the doing it as a duty constantly or conscientiously sub paenâ reatus by virtue of such a Law 8. A Christian cannot yield the aforesaid obedience but he must offer violence to his Conscience i. e. practically to contradict the dictates and light thereof for every moral action must be approved or reprobated thereby But he must needs know that that which is not commanded or approved by Christ as indifferent things are though not commanded by him
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
permittente on the commanding part his Will will carry it Sic volo Sic jubeo c. and the Subject is liable to errour on his part in Rashness Stubbornness Wilfulness Singularity c. But if both parties do notwithstanding all Imperfections and Frailties attending endeavour to approve themselves to the King of Kings there is a determination which to each party must satisfactorily binde and is thus manifest 1. Both are bound to the supream Law-giver the one to make just and equal Laws and righteously to distribute them the other to a free deliberate active obedience thereunto both or either of which failing in their duty shall be judged by the supream Law-giver according to the respective Laws whereby they are bound to the said duties 2. So long as darkness and corruption attends the mindes of men there will be different apprehensions concerning the Duties and Practices they are to walk in according to the degrees of Light received there will never be a perfect agreement neither is any one mans Conscience a Standard to another to walk by no further than there is a concurrent emanation of convincing light from the truth to both the Conscience of the Magistrate as such is no binding rule to the Subject neither ought the Conscience of the Subject to be swallowed up in the Magistrates and thereby seduced to an implicite Faith Every man is to see with his own Eyes to believe with his own Faith and act to the satisfaction of his own Conscience using all means for the right information of his own Minde and Understanding in the Will of God for his walking Whatever men say of a Publick Conscience and that commands of Superiours are enough to indemnifie Inferiours in all active Obedience thereto though the Laws be evil The Word of God knows no such thing neither will any man that is acquainted with conscientious walking in the approvement of himself to God in all his ways and actions ever give credence to any of those wilde assertions neither did I ever see any probable Argument produced to enforce those Sentiments on the mindes of rational men much less on such as have their Senses exercised in the knowledge of Truth 4. Hence it will follow that the present Conscience or practical Understanding impartially fixed must be the onely Expositor of Law and Duty by which every one is bound to walk in his respective place that God hath set him in whether Magistrate or Subject whether a man be in a publick or private capacity he is to be accountable to God for all his absolute and relative duties he shall not be judged for either of them by another mans Conscience The Spirit of a man is the Candle of the Lord c. to this determination must the Law-giver stand as to the righteousness or unrighteousness of his Law and the Subject as to his active or passive obedience And here we speak not by what measures Children in nonage and Fools are from infirmity of nature necessitated to walk but of such as have the due use of reason and understanding neither can it be helped if some men will surrender themselves and Consciences from slothfulness interest or flattery to be slaves to men they shall sufficiently smart for it here and severely answer for it hereafter But if any plead that men of Reason Vnderstanding Judgement and Conscience ought to quit and abandon all light and dominion of their own Consciences being inferiours and be at the disposition wholly of their Superiours this we say can have no ground in Nature Politicks or Beligion It 's just as if all Subjects were bound to pluck out their Eyes and see onely by their Governour 's A Childe is to obey his Parent but it is in the Lord he is not bound to obey him in unlawful things and so a Servant his Master If such obey their Superiours in such things as the Law of God makes unlawful in so doing they must needs disobey God Now it 's most absurd to think that Gods Law should require it 's own violation if this Command Children obey your Parents be taken without limitation and the Parent commands the Childe to commit Idolatry or to steal and the Childe by that Precept is bound to active Obedience then God's Law here overthrows it self for by yielding obedience to one Precept another is necessarily broken We have Joseph's practice and Scriptural commands to justifie us in this Assertion § 10. Moreover if Conscience is to determine after the best information that we can have between God and us as to our present practice much more it 's to determine in case of difference between subordinate Law-givers and us Though there is a difference in the determination i. e. supposing it be God's Law his authority to make such a Law is not to be disputed by the Creature but the question or case of Conscience is usually of the meaning and extent of his Law as to variety of practices referrable thereunto Whereas mans Law may be disputed whether he may de jure by vertue of his Commission from God make and enjoyn such a Law yet the Argument holds good that in case of doubt about Practice and Dispute between God and us if he requires us to be regulated by the verdict of Conscience enlightned from the Word then much more in such cases of dispute betwixt Man and us and although we may sin in obeying the dictates of an erring Conscience guided by the Word of God misunderstood yet that sin after our impartial endeavours for information appearing to us to be a Duty though it ceaseth not therefore to be a sin in its own nature it would be a greater sin in us to disobey the Dictate of the present supposedly enlightned Conscience because it must be ranked amongst the sins against Light and Conscience whereas now the Act is but a sin of ignorance at worst Again God will at the last day judge according to the Verdict of Conscience rightly informed If our Conscience condemn us God is greater c. 1 Joh. Rom. 2. but if our present Conscience be erring either as to the meaning or nature of the Law or Fact and brings in an impartial Verdict according as it hath found upon its best information and enquiry but not true as after it appears according to Law or Fact its duty is to pass again and again upon the same inquisition till it speaks as it shall speak before Gods Tribunal So the last Verdict called present Conscience stands binding to us till by further light in the Law or Evidence concerning the Fact another be brought more agreeable to Law and Justice And if upon frequent and impartial search the same return be still made after earnest and sincere seeking of God to discover our errours it is a great confirmation unto us that it's truth that hath been spoken and that we should greatly sin against God to swerve from it what ever the Edicts and Precepts of men say
to the contrary Magna est vis Conscientiae in utramque partem ut neque timeant qui nihil commiserint poenam semper ante occulos versari putent qui peccaverint Cic. Orat. pro Milione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sophoc Egregious Witness Conscience To good men is of innocence CHAP. VII Of Strong and Weak Christians and how far they are obliged to submit to each other § 1. HAving evidenced that the Jurisdiction of Conscience belongs to the Lord Christ as his peculiar Prerogative it follows that doubting weak scrupulous Consciences may challenge this priviledge as well as the knowing confirmed strong Consciences and neither the weak subjected to the strong nor the strong to the weak And because the Spirit of God hath distinguished Christians according to their Consciences into strong and weak and shewed how they ought to walk in love towards each other under one and the same Law-giver and Law though diversly apprehended especially as to some circumstances and consequences thereof by them and that they ought not to judge justle wrong and despise each other It will be very requisite in this Conscience-abusing age to speak something distinctly on this subject § 2. The whole revealed will of Christ for the Government of his militant Kingdom and management of all affairs therein as to publick Ecclesiastical concernments so to all particular Duties Relations and Behaviours conscientiously to be performed to God and man is fully and sufficiently manifest under the notions of things necessary and indifferent under which two Heads all Christian Duties positive and negative are comprehended Although there is a supposition of a third because of our blindness ignorance and weakness of Judgement and Affections as to a clear discerning and determining between Gospel-necessities and indifferences how stated by Christ and that is of dubious controverted matters between Church and Church Christian and Christian whether they be absolutely enjoyned or prohibited or indifferently lawful and unlawful called by the Apostle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 § 3. This supposed Third causeth a distinction of two sorts or rather degrees of Believers both one in Christ the Head and in conscientious ender respect to his Glory The one is the weak scrupulous doubtful Christian not so fully informed in the revealed will of Christ for his walking but because of his great love to Christ and tender respect to his Glory is very zealous thereof and suspitious of himself and his ways and it may be doubts and questions many things which are not doubted of nor need not by the strong because they are clearly enough revealed but the weak by reason of the great darkness of his Understanding is at a loss about them such are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. he wants that due light and information that the Conscience ought to have in the truths of the Gospel especially of such as are usually of a more disputable nature so Beza and Piscator * Fides hoc loco declarat Christiandm ipsam Doctrinant in quâ sit adhuc aliquis rudu ac proinâ—è discrimen ciborum dierum nondum in elligit Christi beneficio puisse sublarum Bez. Fides hic significat de usu rerum indifferentium per synecdoch generis to distinguish between things necessary and indifferent but accounts some things indifferent which are necessary and some necessary which are indifferent and therefore doth not rightly distinguish between his duty and liberty The stronger Believer is he who hath a clearer and fuller discerning of the minde and will of Christ revealed touching things absolutely or relatively necessary by the Law of Christ and things left in indifferency and this is the Christian that hath least doubt and scruple in Conscience Circa agenda non agenda necessario agenda indifferenter and therefore of licita non licita and hath that plerophory of Judgement spoken of Rom. 14.13 § 4. The Apostle in that Chapter and elsewhere doth fully shew the difference between these Believers the one sort are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 weak in Faith The other sort are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 strong and confirmed in Principles Knowledge and Judgement All indeed have some Knowledge which have any Faith of a true nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all have knowledge 1 Cor. 8.1 but all have not such a degree of Knowledge as to denominate them strong 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v. 7. this eminent knowledge is not in all therefore some are weaker in Faith and Conscience and therefore have not a good judgement of discretion or of determination of doubtful points to which he is not to be taken by other Christians for he having a zeal to the honour of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is rendred by Steph. Certamen disceptatio by the Vulgar to which Beza adheres but by Erasmiâ—s Dâ— judicaiio whom Grotius and Hammond follow and seems to me to be most genuine For though 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is sometimes taken for Doubting yet it is oftener taken for Discerning and Judging and besides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Noun is elsewhere still taken in this sence of Discerning 1 Cor. 12.10 Heb. 5.14 and but little knowledge is superstitiously observant of many things which the strong looks not upon himself at all obliged in conscience to The Apostle gives an instance v. 2. One believeth that he may eat all things another that is weak eateth Herbs i. e. the strong knoweth his liberty that Christ hath not confined him in so narrow a compass for the sober and convenient use of any creature-comfort whereas the weak he looks upon himself bound to Ceremonies to observe many things as to meats drinks days c. and this was the great dispute between the Professors in the Apostles times whether all the Jewish Observations were abolished or not by Christ The strong Professors said they were according to Peter's Vision the weak said they were yet to be observed And as there were weak Jewish Christians so there were weak Gentiles Professors who did eat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 8.7 which doth eat with Conscience i. e. of respect towards the Idol this is illustrated v. 10. for the weak seeing the strong eat things sacrificed to Idols or sitting in the Idol-Temple he saith the Conscience of the weak 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 edified to eat things sacrificed unto Idols as such Whereas the strong hath no such respect at all but the poor indiscreet weak Believer judges so and therefore encourageth himself in his own Superstition he walks by a dimmer light therefore his Conscience is more apt to be defiled The stronger hath a greater degree of light and knowledge and therefore is not so apt to trip and stumble in the way that he walks his Conscience is more clean and free from pollution The Apostle Heb. 5.14 opposeth these two sorts of Believers as Children and grown men v. 13. every one that useth Milk is unskilful in the word of
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
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
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
God hath deputed him to he is not to rob Christ of one jot of that Glory which he hath reserved to himself under any pretence whatever neither doth Christ permit that by a plea of being under his more spiritual and immediate Jurisdiction we should exempt ourselves from the equal Laws and Jurisdiction of man for by Christs Laws all his Members are firmly bound upon both accounts Give unto Cesar the things that are Cesar's and unto God the things that are Gods Fear God Honour the King § 5. Lest we should be mistaken in the true nature of either of these it is needful that they be both distinctly spoken unto first of Christ's immediate Jurisdiction and then of his more mediate called Regimen Politicum vel Temporale to which a Christian is subjected the other Spirituale But to make way to them we shall speak briefly first to the nature of the two Administrations of Power that will be so often mentioned Legislative and Executive CHAP. II. Of Legislative and Executive Power § 1. DIvine Power is exerted either in giving being which is Creation or disposing of that being suitable to the ends of Creation and that is Providence This latter consists in Preservation or Gubernation of created Beings to their respective ends The latter of which being a ruling of the Creature by certain Laws according to the Will of God the Creator is either Legislative or Executive § 2. A Legislative Power is a Power of making and giving a Law To compose and draw up a Law is not enough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potestas Legislativa vel Legislatio Rom. 9.4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Legislator Jam. 4.12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Leges sancire Act. accipitur Pas Heb. 7.11 cap. 8.6 though with the greatest exactness and holding proportion with the ends designed yet here the glorious Wisdom of God is most resplendent but to give a Law is to stamp an authoritative obliging Impression upon it whereby it tyes up the Subject to Duty and upon his failure unavoidably lays him under guilt § 3. A Legislative Power is either Sovereign and Vnlimited or Subordinate and Limited A Sovereign unlimited Legislative Power is a Power in making and giving a Law pro placito vel arbitrio Legislatoris both for the matter and manner of it In this there is nothing but Placitum Legislatoris which gives him any Limitation he doth whatever he will in constituting the nature and parts of this Law and ordaining the Subjects to it and how far obliged by it So that here the Legislators Will and Pleasure is a Law unto himself and nothing else Hence it must be supposed that this Lawgiver must have as much Power over the Subject as it 's possible for a Creator to have over a Creature else he cannot put him under what Law and Limits of Obligation he pleaseth And thence it is that this Lawgiver must not be accountable to any other for his doings he is Supreme to all Subordinate to none renders no account of his matters and therefore most irresistible So as none can demand an account of him nor none can oppose him he hath strength to impose this Law where he sees good For those Laws are very insignificant that have not some kinde of imposing force going along with them to fasten on the inward man a Conscience of Duty or on the outward man by respect to Rewards or Punishments § 4. Hence he must be most wife to will such a Law as is most suitable to his own nature and agreeing to that way of Government which is determined by himself as to the created nature of the Subject to be governed And that it may be so it is requisite he should be most good and that not only in himself but relatively so i. e. to have the greatest obligation to distribute Bounty and Goodness to his Subjects of which there can be none greater than of the Creator to the works of his own hands Neither must this Distribution flow from any other than a Fountain of freedom and liberty to act more or less this way or another as he shall please for the manifestation of his fore-determined Glory And then lastly which way soever the glory of this best being Legislative Executive or other be demonstrated on the Subject so much at his disposal it must needs be granted that this is the best and wisest way for the manifestation of that Glory fore-intended in the disposal of the Creature His will and pleasure being certainly the most exquisite and absolute prime Rule of all goodness therefore as it is unquestionably the most absurd and irrational presumption in man to assume to himself or lay the least pretended claim to this Supremacy or Soveraignty of Law-giving so it may not be attributed in the least to any but God alone the first absolutest wisest best and most independent Being § 5. A Legislative Power may be also such as is limited by and subordinated to the will of a superior Legislator and therefore the power of such an one is not of himself and primitive but derived from some other Neither is it bounded by his own Pleasure but by that of another to whom he is accountable because he himself is liable to a Law which Law he may transgress in giving such Laws to his Subjects which he is not commissionated by his Superior Law-giver to give and Ergo must not make Laws Pro arbitrio sine limitibus his arbitrium being received from another and the bounds allotted it as to all Jus agendi pro beneplacito he may act indifferently this way or that way in such a compass but if he pass the Line of his Circumference he becomes a transgressing Ruler He sins against his Superiour and wrongs his Subject § 6. Hence this subordinate Legislator thus trangressing the Subject being conscious and clearly convinced thereof he is disobliged from all active obedience unto any such usurping or transgressing Laws A Christian's first and greatest obligation being to the Supream and Soverain Power as a Citizen in a Town-corporate is first bound in obedience to his Prince before he is to the Mayor or Bayliff of the Town An Officer substitute by the Prince and removable at his pleasure it 's not so in natural and contracted Relations knowing his obedience to the King will sufficiently justifie his non submission to the will of the Mayor § 7. Again the Subject is obliged to obey the Laws which the inferiour Law-giver makes lawfully i. e. according to his deputation not Simpliciter gratiâ illius but primarily and most properly for the sake of the supream Law-giver whose Substitute and Representative he is Rom. 13.1 4. 1 Pet. 2.13 and they are so far to be obeyed but no farther to be owned as lawful Governours § 8. Thus much of a Legislative Power in general An Executive Power is a Power of putting in Execution a Law made or the practical Application thereof according
yet they have a possibility of necessary goodness evil or indifferency and those things that are good or evil by one Law may be left indifferent by another vice versa 3. The same Law that ordains things or actions necessarily good or evil doth exclusivè implicitè determine things indifferent in reference to its self for such things as are neither commanded or forbidden are neither good or evil and therefore may be done or not done without sin being indifferent 4. There is none can loose or absolve from a binding Law but he that hath the Legislative power or one superiour to him men may by alteration of Statutes change their necessities into indifferences vice versa or God by his supremacy may do this in mans Laws but no man can abolish God's Laws or make new ones of the same kinde by changing things that he hath left indifferent into necessities it is his Prerogative onely 5. All appearances of things to be what they really are not by the several respects they have to the Law they are under are errours and hallucinations of the Understanding for good sometimes appears evil and evil good necessary things indifferent and indifferent things necessary And though our walking must be and can be but according to the illumination of our Understanding yet doth not our Judgement or Consciences alter the true respect that things have in themselves 6. All religious actions as such practically circumstantiated whether moral or ceremonial are good or evil and cannot be called indifferent unless in an abstract consideration from all religious respects 7. Absolute good and evil are not of the same extent with lawful and unlawful for an indifferent action is lawful which hath no determination by a Law to good or evil because not onely the Precept but even the permission of the Law makes a licitum but it 's onely the Prohibition that makes it unlawful Hence indifferent things are not media inter Licita illicita for they are contradicentia and indifferent things are licita and upon that account referred to the Law and confirms that indifferent things cannot be said to be so but in reference to some Law lawfulness being an essential property of an indifferent thing 8. To say that an indifferent thing is a mean between commanded and forbidden is all one as to say it is a mean between good and evil for there is nothing good or evil but by vertue of something carrying the force of a Law in it that by a Command or Prohibition puts the nature of good or evil upon it correspondent to the said Law As the Law of the Creation makes things naturally good or evil the Law moral makes them morally so c. and that which is prohibited as not answering the ends of the one or other is necessarily evil That which is commanded as answering the ends and requisite is good necessarily That which in itself may or may not answer and is not absolutely commanded or forbidden is neither good nor evil in respect of that Law though it may be in respect of another and therefore indifferent CHAP. XI Concerning Christian Liberty § 1. UPon the true stating of Necessities and Indifferences depends the right understanding of Christian Liberty concerning the genuine meaning and extent thereof it 's needful that something be subjoyned That there is such a thing as Christian Liberty many places in the New Testament will evince we shall briefly explain how the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is taken 1. For freedom from the impurities of sin because the ways of sin are bondage so the Word of God directing to holiness is called the Law of Liberty Jam. 1.25 ch 2.12 2. Sometimes taken for Liberty or freedom from the Curse due to sin or lying upon the Creature for it in its effects Rom. 8.21 3. It 's taken for Freedom from the darkness of and bondage to the Mosaical Vail of Ceremonies 1 Cor. 3.17 4. For a free use of indifferent things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Cor. 3.17 Gal. 2.4 In all places I finde Liberty hath a respect to some Law whereby men are bound either under duty or unto punishment We are freed from the punishment of the moral Law by Christ but not from duties required by it Gal. 5.1 It is a freedom purchased for us Christ having satisfied the Law in respect of 〈◊〉 1. It 's taken for a Liberty from sins dominion which is a transgression of the Law Rom. 6.18 22. Joh. 8.32 2. It 's opposed to the bondage of expectation of Justification by the works of the Law Gal. 4.22 to the 30. Rom. 7.3 Now Christian Liberty as it respects indifferent things it flows from the Law of Christ two ways either by way of release from the bondage of some Law by the repeal of it as of the Ceremonial Law which consisted in many observations of Days Meats Habits and many Rites and Ceremonies and is liberatio or by allowing us and entrusting us with a Latitude in the use of many things notwithstanding all supervening Laws and impositions and therefore this is that Liberty which we are commanded by Christ to maintain Gal. 5.1 2 3. we are to take heed that we be not entangled again in the Yoak of bondage that place is comprehensive of all the Liberty purchased for us by Christ in respect of the moral and all ceremonial Laws and so far as we have a Liberty by Gospel-charter we are to stand fast in it avoiding all re-intanglements of Conscience by the Children of men that spy out our lawful Liberties and would deprive us of them Ye are bought with a price be ye not the servants of men 1 Cor. 7.23 which place must be understood in religious service such as is done in obedience to the immediate commands of Christ as appears v. 22 and 24. for Christ doth not prohibit service to men in Domestick and Civil affairs but a flavery to the wills of men in the matters of Religion and instituted Worship be ye not time-servers or men-servers So that by Christ's Law we are bound to refuse homage to mens Usurpations in matters of Religion § 2. As what Christ's Law to us determines for our practice to good and evil in all things and actions comprehended under that Law is definite so what he hath not there determined some way or other either explicitely or implicitely is indefinite and a Christian hath therein his Liberty to do or to forbear without sin as in such matters as relate to religious observations in Meats Drinks Days and Circumstances attending instituted Worship not commanded or forbidden by Christ but are left by Christ to our Liberty to do or not to do by the judgement of discretion as it hath most tendency to the glory of God and edification of our selves and others As for example to sit or stand in hearing the Word to kneel or stand or lie prostrate in Prayer for a man to turn his face to the East or
not onely to the power of Godliness but to common Honesty and Morality 2. If it had been Political Wisdom or Justice to annex such Penalties to Ecclesiastical Laws of any kind sure Christ in whom are all the Treasures of Wisdom would not have been wanting in annexing Penalties of that kind to his own Laws of the greatest and weightiest concern to his Church 3. We judge of the greatness and weighty concern of any Law usually by the greatness of the Penalty annexed in case of transgression and therefore herein we may apprehend that the Churches own Laws challengeth a preheminency before the Laws of Christ's own composure and would this King of kings make onely Laws of lesser concern and substitute others to make the greater this is absurd to believe 4. It is a great piece of pride in Mother-Church to advance her self so far above the Civil State that the Magistrate should become the Executioner of her Laws for the Law-maker hath always a great priority and dignity above the Executioner If it be replied That the Church onely craves the Magistrates assistance to compleat her Ecclesiastical censures and make them stick closer on upon the backs of Offenders Answ Herein the Church bewrays her own weakness in that she confesseth she is not a compleat Polity neither hath power enough to reform her self or effectually enough to execute her own Laws without being beholding to an Exotick power As if a Master of a Family had not power enough to execute Domestick Laws in correcting a Child or Servant without asking his neighbours leave and calling for his assistance But in case the Church saith as indeed she doth that she goeth to the civil Magistrate by way of Appeal and the said Magistrate hath power at his pleasure to supersede her proceedings This is to set the State above the Church in Ecclesiasticks whereas the civil State is Subordinate to the Ecclesiastick ecclesiastically and the Ecclesiastical to the Civil civilly and both in respect of the exercise of Jurisdiction in each particular Orb parallel or co-ordinate § 9. Lastly such Penalties that cannot answer the natural end and designe of Church-censures may not be annexed or used by the Church but such a Penalty answers not c. The Major is undoubted the Minor thus appears 1. Because the Sword of the Magistrate reacheth but the outward man whereas the end of Church-censures is to reach the Conscience 2. The natural use of Church-censures is the exercise of them in foro Ecclesiae but the Coercive power of the Magistrate may not be exercised in foro Ecclesiae upon any allowable pretence whatsoever CHAP. XVII Of the Limits of Magistratical Power in matters of Religion § 1. THe third Enquiry propounded is concerning the true bounds and limits of the Magistrates power in matters of Religion a great and difficult Question but of very great concern to us that it be rightly resolved I do not expect to be so happy as to give others full satisfaction in it I being not able to do it to my self so far as I would I shall onely go as far as I can and is convenient for this undertaking with all possible brevity and demonstration We spake before in the two former Questions concerning the Magistrates power in matters of Indifferency both Legislative and Executive on the behalf of the Church This Question is of larger extent concerning his whole power in matters of Religion and enquire how far he may and ought to go and how far he may not go i. e. he cannot go without Usurpation § 2. Matters of Religion is a large word and it comprehends not onely Religion it self but all circumstances and attendances thereof which are Indifferencies in themselves neither moraly good or evil but in regard of their tendency and respect they are so Concerning the Magistrates Legislative power in these things we have spoken somewhat already I shall speak no more here of the nature of Religion than to make way for my present Undertaking Religion is usually understood to comprehend all moral Duties and all instituted Worship to which if we adde the aforesaid attending circumstances we use a larger way of expression and call them matters of Religion § 3. The Moral Law is a general standing Rule to all sorts of Actions Persons and Societies of the children of men whereby God himself hath challenged the first right of dominion as of particular men so of all necessary Fabricks of Rule and Government in the world So that all Actions Persons and Societies duely measured and squared thereby are rightly called Religious and the contrary Irreligious Hence particular Domestick Ecclesiastick and Civil Jurisdictions in a Christian Commonwealth are in proper sence called all of them Religious § 4. Religion taken in a stricter and more limited sence is understood of a holy life and conversation of particular Persons and Societies not onely according to the general Rules of moral Obedience but according to the more particular and special appointments and Gospel-institutions of our Lord Jesus Christ whereby he separates unto himself the most choice and peculiar Societies in the world under his proper and more immediate Rule and Government which are called his Church § 5. Therefore 1. The civil Christian Magistrate hath no power in the strict sence in matters of Religion quatenus Magistrate no more than a Heathen hath for though the embracing the Christian Religion doth much capacitate the civil Magistrate as to his inclinations and endeavours for the improvement of his Magistratical power toward the advantage of Religion yet it adds no new power or jurisdiction to him over Churches Families Christians or others for a Heathen Magistrate is as much in his place the supream Head and Governmnour of the Church considered in a civil capacity under his Government as the most Faith-defending Christian or Catholick Prince in the world Neither by his embracing Christianity doth he attain any augmentation of his Magistratical Power Headship or Supremacy A Christian is no more bound as a Subject by the Rules of the Gospel to a Christian Magistrate than to a Heathen or Heretical Magistrate The Rules are indefinite to a Magistrate as such though a Christian Subject will be the better man and Subject and a Christian Magistrate the better man and Magistrate Christianity making every one the better man and better qualified for the performance of the relative Duty of his place that he is set in § 6. Secondly No civil Magistrate can be an Ecclesiastical Head and Governour of the Church as such It 's Christ's Prerogative to be the Supream and to constitute what other Heads and Governours he in his wisdom thinks best But I finde not that he ever made any Magistrate a constitutive Ecclesiastical Head or Governour to his Church virtute Officii for if so in every Christian Dominion the Prince should be the Metropolitan and the true Pastor to that National Church § 7. Thirdly No civil Magistrate can by virtue of
all actions becoming a Christian Commonwealth then so far the Christian Magistrate hath power more or less so far as may conduce to the due maintaining of the being or well-being of a Christian State and therefore is to be conservator unriusque Tabulae he hath the conservation of the second Table committed to his care that it may be a civil State of the first that it may be a Christian State And therefore as a Family is to preserve the honour and justice of the Moral Law by an Oeconomick Sanction and the Church by an Ecclesiastick so the civil State by Civil Sanction each according to their just derived Laws whereby they are respectively to govern and distinctly to administer § 19. The great Question here is How far the Magistrates power extends in the making and execution of Penal Statutes We have shewed that the Lord Jesus hath not reserved to himself so neer a propriety in the government of civil States as of his Church having taken it as his peculiar Prerogative to give Laws unto his Church and presides there as the only Legislator But unto States he hath onely given them the Magna Charta of the Moral Law and hath allowed unto them a Legislative power in all matters concerning the various Exigences and divers Requisites with attending Circumstances in the due management of State-jurisdiction so as the said Laws are promoting of the common Peace and Justice of their Dominions and deducible from and founded on the said Rules of Distributive and Commutative Justice § 20. The Laws of men that are just and reasonable may take place in all things conducing to the being and well-being of a Christian Commonwealth both as to the matters of the first and second Table so far as is necessary to the managing of it under the due qualifications of a civil State and therefore may not onely punish crimes committed against the second Table but such as are against the first also And there are these especially that they are concerned in 1. Blaspheming of the true God under which is comprehended common profane swearing transgression especially of the third Command 2. Worshipping of false Gods a sin against the first Commandment 3. Idolatry or the worshipping of God by Images a sin against the second Commandment 4. Prophanation of such times as is by God appropriated to himself for publick Worship a sin against the fourth So that these are palpable as to matter of fact clear as to the nature of the offence and of dangerous consequences tending to the eminent ruine and apparent danger of a civil State § 21. In the concernments of the second Table God hath left the civil Magistrate more Arbitrary in making or executing civil Laws as the necessity of the State doth require laying the general Rules of Moral Justice and the particular and relative benefit of the Commonwealth and Subject before his eyes Now in the matters of the first Table being the moral Rule of duty towards God he onely requires the Magistrate to punish and restrain those Vices in this kind that are notorious infectious and pestilent to a Christian Commonwealth in matters of natural Worship reserving instituted Worship built fundamentally on the same precepts to another manner of dispensation wherein the civil Magistrate is not to intermeddle as such neither as to Legislation nor Execution of Penalties nor deligation of Officers § 22. As Murthers Rapines Adulteries Perjuries c. are destructive to Properties Communities and Relations and so to all civility in a State where such Vices predominate and are not generally suppressed by Justice it cannot be denominated a civil State but rather a Pagan Salvage nation So where false Gods are multiplied and worshipped the true God is blasphemed openly and notoriously and all times for publick Worship of him by his own appointment prophaned publickly and generally And such Vices not suppressed by Magistrates such a State cannot be called a Christian civil State but Heathenish whatever moral Justice there is between man and man § 23. Though all sins be alike breaches of Gods Law yet none but those of a more gross external and exemplary nature fall under the cognizance of mans Justice The Blasphemy Profaneness and Concupiscence of the heart are not punishable by man it must come to the Magistrate per allegata probata that such an one blasphemed God worshipped an Idol prophaned the Name of God by swearing c. and that openly either in contempt of that God that is worshipped or that Worship set up or in order to the delusion and seduction of others for it would seem very hard to break into the private houses or appartments of Idolaters that may dwell in the land and proceed judicially against them for that Religion which they are peacibly retired to without any endeavour to publish or prvpagate to the disturbance of the publick or infection of others But no Magistrate ought to suffer that God to be openly blasphemed which he worships If Heathens in a false Worship are zealous upon this account how much more ought Christians Though no Magistrate can enforce any Subject to worship his God or ought to do it by a Penal Law as hath been said yet he may punish him for blaspheming him or for seducing any from the Worship of the true God yea for Apostatizing from the Worship of the true God after he hath owned it Precepts and Persidents in the Old Testament are pregnant to these purposes which I need not enlarge on those that read the Scriptures are acquainted with them But we finde no Precept nor Example for endeavouring to reduce a poor Heathen from bare Idolatry to the Worship of the true God by pecuniary Mulcts and corporal Punishments and I am sure Christ never practised it nor commanded it in the New Testament § 24. The great difficulty that yet attends this case allowing the Magistrate a power as such in some matters concerning our duty directly to Godward what are adaequate and proportionate Penalties in such cases as these for the Magistrates power is always insignificant whatever the Law is if there be not a Penalty annexed to it and vigour in the just execution thereof Now the Enquiry is Of what kind and degree of punishments of such Transgressions ought to be Answ I apprehend it is a hard thing to determine to all mens satisfaction I know some have recourse to the proceedings of the Judicial Law which was but the reduction of the Moral Law into Civil Practice for the State of the Jews and look upon them as binding to Christian Magistrates But I suppose the Judicial Laws to be rather presidential onely that Christian Magistrates may take a measure thereby for the degree of Penalty setting aside their different Emergencies of State and extraordinary cases when God would make one sinner in a case exemplary to all ages by his Prerogative and special Command as in Achans theft and the prophanation of the Sabbath by picking up of
sticks And setting aside much of the severity which appeared in that more legal Dispensation which was both Typical and Temporal and much of it in special cases and by special command by God It would be accounted very severe now to put a man to death for prophaning the Name of God though it were by repeated acts of such horrid cursing and swearing as is frequent now-a-days or for prophanation of the Sabbath c. Then setting aside the relation the Judicial Law had to the Levitical and necessary dependance on it which is ceased and considering that our Judicial Laws cannot so much depend upon Evangelical instituted Worship Christ having not so strictly tyed Church and State under a necessity of the same Emergencies as he did the Jewish Oeconomies I conceive likewise the just proportionating of Penalties in this kind ought to be done with great caution and depends much on the Magistrates prudent management of the Helm of Government for the safety and preservation of the Christian State and Penalties cannot be positive and unalterable because cases do so frequently differ in the aggravating circumstances § 25. The Christian civil State ought to be very neighbourly and cherishing to the Ecclesiastical and the civil Magistrate is to improve his Magistratick capacity to the utmost for the interest of Christ's Church and advantage of the Gospel 1. By subordinating as much as is possible all State-interest to the interest of Christ in his Church 2. By giving all possible encouragement to the purer Worshippers of God and to the embracers of the Christian Religion 3. By encouraging the faithful preaching of the Gospel and propagation thereof by able Ministers duely called thereto by the Church and affording them external helps and supports in so doing 4. By maintaining the Churches in the due execution of the Laws of Christ and in the enjoyment of their Ecclesiastical and Civil Liberties defending them from invasions and disturbances in Gods Worship from the rage of professed Enemies from tyrannizing usurping Imposers 5. By being a nursing Father to the Church both as a Christian in an eminent capacity going before others in the exemplary practice of Piety and calling upon all others of all ranks and degrees whatever to discharge their places in the fear of God as Hezekiak and Jehosaphat did 1 Chron. 29.25 26 27 c. 2 Chron. 19.8 9 10. and as a Magistrate defending them by his power as hath been said CHAP. XVIII Of a Christians Duty in case of Humane Laws in matters religiously indifferent § 1. IN the next place it will be necessary to speak something to a Question of no less weight than any of the former for it is said that though it should be granted that no power Civil or Ecclesiastical can Jure convert Indifferencies in Worship into Necessities by a Law yet it 's inquired in case any humane power assume so much to it self as to do it Whether a Christian is not bound to yield active Obedience unto the said Laws and those that affirm it produce these Reasons to enforce it 1. That every one is bound to be subject to their highest powers Rom. 13.1 2. That such Laws are not contrary to the Law of God because God hath nowhere declared himself against one part of the indifferency more than the other but hath left both equally lawful to be practised according to the rules of discretion And why may not the Church or Magistrates discretion binde a Christian to obedience to his command as most expedient the Church or Magistrate being better able to judge of an Expediency than a private Christian 3. Because if in a thing indifferent the least offensive part is to be chosen then surely that part which fulfils the Civil or Ecclesiastick Law for it is a greater offence to offend the Church or Magistrate or both than to offend a particular private Christian or company of Dissenters To the first I answer by way of concession That a Christian is so bound as Rom. 13.1 but 1. That place is to be understood of Civil not Ecclesiastical powers as the Context shews 2. If it be understood of Church-power as that Heb. 13.17 Obey them that have the rule over you it 's to be understood of such as Christ hath constituted Church-Officers and of obedience to an Executive power committed to them not of a new assumed Legislative power never allowed to them To the second I answer That such Laws are contrary to the Word of God for 1. Essentially they are contrary to the Word of God it being the revealed Will of God in his Word that they should be Indifferencies and remain so not to be made otherwise by any Law for where God hath granted a Liberty or Latitude in the use of any Creatures or Actions there to make or prescribe a religious limitation by a Law is absolutely unlawful and directly contrary to the Word of God It 's express Acts 10.13 14 15. where Peter though an Apostle is charged not to put a religious difference where God hath sanctified things to our indifferent use much less might he prohibit the Church from using any Creatures or Actions made by God indifferently holy therefore when it 's the Will of God that a thing be indifferent it 's contrary to the Will of God to impose it as necessary 2. Such Laws are circumstantially evil and contrary to the Word of God because they hinder the free use of Christian discretion where God would have it used and Ergo hindreth an Ordinance of Christ Besides it necessarily obligeth to evil whenas the expedient good is found by a Christian to be in that part of the Indifferency which is contrary to the humane Law And besides God having left both parts of the Indifferency equally lawful and declared it so in his Word for man to declare one part unlawful or make it so by a Law is to make a Declaration or Law contrary to the Word of God Neither may a Magistrate or Churches judgment binde a Christian to practise any further than it brings light with it for no man must walk by an implicit Faith in the matters that concern the Worship of God and the salvation of his Soul To the third Alleg. That part which fulfils the Civil or Ecclesiastical Law for Will-worship is not the least offending part but the most for the yielding free active obedience to sinful Laws is not onely sin in the person obeying but the highest degree of scandal to the person commanding it being the edification of him in sin whereas the refusal of active obedience in such a case is no offence given but onely a just cross of a perverse Judgment and Will Again if any action be such as will offend justly the least of Christ's members it must needs be contrary to Gods Word and I may not grievingly or sinningly offend any of Gods children that I may gratifie and fulfil the Will of man We must rather chuse that part of the
being besides the Word we have proved to be no parts of it and Ergo additions to his Laws and institutions in the Word which are perfect and entire in themselves for Doctrine and Discipline in divine Service and Worship and these Laws of humane enaction whatever pretences are put upon them being for the same end and use must needs be additional 6. To teach for Doctrines the commands of men is contrary to the Word of Christ but all humane Constitutions of this kind specified besides the Word are but Commands of men taught for Doctrines The Major is true and undeniable from Mat. 14.9 where such Doctrines and Commands are charged by Christ for the intolerable sin of the Pharisees Compare with this place that in the Old Testament quoted and applied to them by our Saviour Isai 29.14 Their fear towards me is taught by the precepts of men or which our Saviour the best Interpreter of Scripture saith In vain do they worship me producing this from the Prophet Their fear is taught by the Commandments of men not but that they observed also Moses his Commands but because they set up their Posts with Gods their Laws with Gods Laws and this is that which Christ condemns This Argument is cleared and fully prosecuted by another very lately in a learned Exerc. on Mat. 15.9 and Mark 9.13 And therefore I shall not actum agere As to the Minor it 's evident that such Legislators teach for Doctrine their own Laws for they press them doctrinally on the people and charge it as their duty to walk in the practice of active obedience unto such Laws and condemn all such as refuse such obedience upon any pretence whatsoever as disobedient to Governours and Schismaticks CHAP. XX. Of the Vnited Power Legislative of Church and Civil State § 1. LEst it should be replied to our preceding Discourse That although the civil Magistrate cannot of himself be a competent Compiler or Establisher of Ecclesiastical Laws Canons or Constitutions unless they be first compiled approved and propounded by the Church to the Magistrate to compleat their Sanction and Law-ratification with the impress of his Authority yet the Church and civil Magistrate both together have a compleat Legislative power in Ecclesiastical Affairs The Church is supposed to act by its Representatives in a Convocation Assembly of Divines or Synod or Council lawfully assembled by the call of the Magistrate The Question is Whether after they have agreed on Ecclesiastical Canons and Constitutions the civil Magistrate may give Sanction to them by making them Penal Statutes The Question in brief is Whether Ecclesiastical Laws may become Penal Statutes by Magistratick Sanction § 2. In order to the right resolving of this Question it 's fit to enquire first concerning the nature or subject-matter of the said Canons and Constitutions whether the Composers and Proposers thereof do believe them to consist of such things as Christ hath left indifferent and they would have to be necessiary or do they consist of such things as they have by disquisition found to be necessary by virtue of the Will of Christ for the end of such Assemblies is to confer about the Will of Christ in the great and weightier matters of the Church for the clearing up of what is dark and dubious before Now if the mind of Christ be discovered there needs no more Sanction where the word of a King is there is power Make it but out by the clearest demonstrations that this or that is the mind of Christ there needs none of the Magistrates penalties to be annexed it hath force enough of it self to reach the Conscience which is the end of Christ's Laws and to charge guilt upon it in case of disobedience and that is more than all the Penal Laws of men can do It 's needful to enquire whether the Magistrates Sanction be by way of approbation onely or by way of eminent commendation of the said Laws to his Subject not annexing or executing any Penalty himself but allowing onely some spiritual Penalty annexed by Christ or his Church to be executed by Church-Officers or whether he will annex or cause to be executed any external Penalty by his civil Officers as occasion shall serve The matter being thus stated I proceed in the Negative § 3. 1. We have abundantly evidenced that in the matters of Indifferencies in Religion no power on Earth may make any Laws changing them into things religiously necessary 2. Where did Christ ever joyn Magistrates and Ministers together in joynt Commission in the government of his Church 3. If so why may not Magistrates joyn in the judicial proceedings of the Church and fit as due Judges in all Spiritual Courts and excommunicate and absolve He that hath a share in Legislation may reserve to himself the executive part at his own pleasure 4. If such Church-Laws are invalid without the Magistrates Sanction then he hath a negative voice over the Church to stop any Church-proceedings in Legislation or Execution and indeed it 's happy for some people that it is so else the Clergie that call themselves the Church would make mad work were not the civil State wiser and more moderate and by its power able to put a stop sometimes to their mad Carreers 5. The Decrees of the Apostles Elders and Brethren being only a declaration of the mind of Christ in a difficult case became a Law to the Churches without any such Magistatick ratification or annexation of Penalty 6. Christ never annexed any corporal or estate-Penalties to any of his Laws that he setled his Church with at the first 7. Christ provided so for the due government of his Churches that nothing might be wanting for the administration of Government and Ordinances in the worst of times when most persecuted and opposed by those Magistrates in whose Dominions they did militate The Church of Christ would be but in a very weak and lame condition in most Kingdoms and Ages if the Magistrates countenance and concurrence were an Essential Complement of its due state of Ecclesiastick government and that can never be accounted a right Model of Church-government that cannot be erected without the Kings and Princes of the Earth set their hands to it For if it were so Christ should have few duely govern'd Churches on Earth that sort of men being oftner found pulling down than setting up the Kingdom of Christ Lastly we having already proved that neither Church-Officers nor Civil have any Legislative power in the said matters and therefore being put together they are but as two Cyphers that make not so much as an Vnite for ex nihilo nihil fit and therefore I need not enlarge any further on this matter CHAP. XXI Of Decency and Order in God's Worship and Canonical Obedience § 1. THe great Plea that is made for the Magistrates and Churches Legislative power in Spirituals is that there might be Decency and Order in the Church which is most meet to be especially because