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A34668 A censure of that reverend and learned man of God, Mr. John Cotton, lately of New-England, upon the way of Mr. Henden of Bennenden in Kent, expressed in some animadversions of his upon a letter of Mr. Henden's sometimes sent to Mr. Elmeston (2) a brief and solid exercitation concerning the coercive power of the magistrate in matters of religion, by a reverend and learned minister, Mr. Geo[r]ge Petter ... (3) Mr. Henden's animadversions on Mr. Elmestons's epistle revised and chastized. Elmeston, John.; Cotton, John, 1584-1652. Censure ... upon the way of Mr. Henden.; Petter, George. Brief and solid exercitation concerning the coercive power of the magistrate in matters of religion. 1656 (1656) Wing C6415; ESTC R20949 43,719 60

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in their owne nature To suffer which would reflect upon the Magistrate to make him guilty of the sin who hath power to restrain it and doth not 1 Sam. 3. 12. Secondly The sin that arises upon the doing necessary and main duties or not doing according to the Magistrates command comes ex accidenti by accident not by the nature of the thing commanded which is not onely good in it selfe but also a necessary duty nor by vertue of the command which commands nothing but a thing manifestly good and a necessary duty but by the ill disposition and erroneous perswasion of the person doing or not doing And if the inforcing of necessary duties must be forborn upon this account that some sin by accident wil● ensue thereupon how can Ministers lawfully call upon men to pray or heare Gods Word since wicked men in such services will rather by their ill doing of them offend than please God Moreover Magistrates in making lawes about such weighty matters are not bound to look to particular mens consciences and opinions but to have an eye to Gods Word commanding or forbidding this or that Mens opinions and consciences are secret and not alwayes openly known Gods Word is open and manifest Mens Consciences are divers quot homines tot sententiae so many men so many mindes Gods Word is uniforme and the same Mens Consciences would be a weak and uncertaine rule for him to goe by Gods Word is sure and certaine And if Mens Consciences accord not with Lawes in such main and manifest matters made according to the Word it is their sin and errour and in such case the Magistrate ought indeed to take order that they may be instructed and brought to the knowledge of the truth and so willingly submit unto it But if notwithstanding they will persist in Idolatrous Hereticall and openly Schismaticall wayes such wholsome Lawes must not give place to stubbornly erroneous consciences but they must submit thereunto or do justly suffer the appointed penalties Further It is plaine that in sundry cases men may be compell●d to that in doing which they sin through their own default It is the duty of Subjects to serve the State in their wars willlingly and out of ●●ve to the publ●que good of Servants to serve their Masters willingly and out of love to them of Debtors to pay their Debts willingly and out of love to justice Which things if they doe not or will not doe they are justly compelled ther● unto though in doing it there is sin committed by them in doing that upon force and grudgingly which should be done by them out of love and with a ready minde I may yet adde that this dart such as it is may be as well cast against Church censures as against this coactive exercise of civil Power For it may easily fall out that men in the Church for feare of the censure of the Church and especially in case of deposition from their Pastorall Office and so the losse of the maintenance they have thereby may dissemble their Errours and subscribe to Truth even against their conscience A notable example of it is in some Arrian Bishops Eusebius of Nicomedia Theognis of Nice who for fear of losing their Bishopricks upon the decree of the Nicene Council against Arrius and his Complices in dessembling manner against their conscience subscribed to the decree of that Council against that damnable Heresie If then no courses may be used upon which men may be driven to act against their consciences and so sin neither can Church-censures nor deposition of H●reticall teachers be put in practise upon which such an inconvenience may ensue The conclusion then is that it is not lawfull to compell any man to doe that which is directly and in it selfe sinfull but that a man may be compelled by lawfull authority without any fault of theirs to the doing of manifest and necessary duties though in the doing thereof he sin and that only by his own default and evil disposition Let me yet tell you that a man doth sin much less in doing a necessary good work upon command against his misinformed conscience than in a willing and witting omitting of it And that whensoever the conscience is awakened it will more sting for this last than the former ab●ut which we have seldome knowne any to have beene troubled in minde upon doing it And that the Magistrate must needs sin in suffering such a witting and willing negl●ct of a manifest necessary duty but can never be proved to have sinned in commanding and urging men to duti●s manifestly good and necessary Obj. We read of none in the New Testament who commanded all to worship save the Beast Rev. 13. Answ. 1. We read of none in the New Testament that were punish●d for Whoredome Incest Perjury False witnesse bearing Drunkennesse c. What then may not these with your consent be punished by the civil Magistrate all the sons of Belial would much applaud you for such a toleration of wickednesse which this your pleading doth as much countenance as an Universal toleration for Religion 2. It had been fair play to have written out the whole text that the command was to worship the Image of the Beast and receive his mark in their right hand or in their forehead Rev. 13. 15 16. Such compulsion doubtlesse is detestable But what is this against compulsion to renounce the Idolatry of the Beast and all other Idolatry and to worship God in his true worship To which things we read that the godly Kings of Judah Asa Jchosaphat and Josiah compelled their Subjects to their praise and commendation The fault is not noted to be simply in the course of compulsion but in the object of False worship and open profession of Popery to which he compelled And thus have I cleared our Barque from those dangerous shelves upon which you made account to wreck us and have brought it safe to land Now it followes Obj. It is conceived that you Presbyterians you mean are in this a part of the greatest and most deceivable Schisme that ever came into the world Answ. A foule and lewd reproach but fit enough for your wide mouth Thus indeed the Papists did judge of us and so doe still who condemn the reformed Churches of a wicked Schisme in departing from them and them most which went farthest off from them in that as well in D●scipline as in Doctrine with whom you and yours symbolize in this accusation of us But as one saith Non eadem est sententia tribunalis Christi anguli susurronum The Sentence of Christs righteous judgement and of whisperers in their corners is not all one Next after some pretty many lines followes a volley of sl●nderous reproaches in matching Classicall government with Episcopacy Whereas that was a Lordly government of one over a whole D●ocess this is onely a brotherly combination of many Ministers and ru●ing Elders to manage Church affaires by common consent and that
them which before hath been declared to be otherwise The Magistrates power doth not enable him to meddle with those inward and spirituall actions of the soule but onely to regulate the outward in life and conversation It is some mervaile to me that you that are so acute to ●spy mysteries by others unseene see not the weaknesse of this and of many your reasons For it is not in the Magistrates or any man● power to create in mens hearts the principle of true love to their neighbours nor any of those gracious habits of inward cha●tity temperance meeknesse and contentation c. who yet by Laws order some outward actions of those vertues and forbid the actuall sins contrary to them as railing quarrelling fornication riotous drinking theft c. And why then in like sort may he not make Lawes about Externall acts of Religion to enjoyne the exercise of them and forbid the actuall contrary sins though he have no power to create and infuse faith it selfe It is not in vain for Ministers to preach though they cannot create Faith in the hearts of dissenters nor for Magistrates to command hearing of the Word though they can infuse no faith into the heart the outward meanes are rightly used where the inward effect can be only wrought by God As there is no need of the creating any new principle in the heart of man for doing these things wherein the Magistrate doth command which is onely the abstaining from outward evill acts as the not venting or openly professing Errors Heresies and Blasphemies or the doing of some externall duties as to joyne in Gods publique worship heare the Word and such like To performe which that power and freedome which by nature they have is sufficient Obj. The Apostles in Church-affairs were of infallible spirit but yet claimed no such power but indeavoured to draw men to faith by the cords of love A 1. Here is the same mistake which was noted before as if it were affirmed that Magistrates might compell Infidells or any to the Faith of the Gospel As for Church-affairs and any other matters I trust you know that there is a wide difference between the Apostles and Church-officers and Magistrates and the power committed to them both The power of the first is onely spirituall and ecclesiasticall and doth allow them no other meanes to reclaime men from Idolatry Heresie or any sin and to win them to the obedience of the Gospel but spirituall viz. the preaching of the Gospel and Church censures 2. But the power of the Magistrate is such as doth furnish them with authority to lay commands on men to urge them to what is good and punishments to reclaime from evil It is no wonder then that the Apostles would not intrude into a power which was not given them which yet Magistrates may use as their proper right 3. The Apostles did not put forth any coactive power against the foulest sins of Whoredome Drunkennesse Theft c. to pun●sh them with bodily punishments or to urge men to Justice Temperance Chastity but onely by words and exhortatione disswaded from such sins and perswaded to the contrary vertue● If therefore Magistrates may not in Religious affaires go● beyond this practise of the Apostles in the use of their power neither may they use their power for the punishment of sins against the second Table or by lawes encourage to the morall vertues thereof Obj. All humane Weapons can onely force the outward man with a violent and preternaturall motion c. which soon turns again when the constraint is over A. 1. It is not the proper effect of humane Magistratical commands to force menby a violent motion but rather tends to move them to a ready willing obedience such violent and constrained obedience comes not from the command but from the indisposition of the commanded parties who are ill affected to right and truth 2. That motion which is unto good and from evill though somewhat forced is more naturall unto man in his right estate and more agreeable to his right end and duty than a most free and willing motion unto sin and from good 3. Forced motions are used for the common good in other things and that without blame and so may be here in some things and in the order above prescribed The State doth force its Subjects by pressing and such like wayes to serve them in their Wars Servan●s are oft compelled will they nill they to do their Masters work Children to do their duty to their Parents So by Law-courses untoward Debtors are constrained to p●y their debt● Now these motions are such violent motions as here you except against and such as would soon cease if the constraint ceased But who complains of any wrong herin done them since the things they be constrained to be just and equall and for the common good And what lets but that some constraint with wisdom and moderation may be used in religious matters since it is a thing most just and righteous and for the common good both civill and spirituall that Idolatry and Heresie be suppressed and that the people doe attend the preaching of the Word and God● service in praying to and prayising him 4. The motion may at first be violent but afterward become very voluntary what a doe is there at first to bring a Bullock to the yoke or a Colt to the saddle when at length the o●e willingly comes to the yoak and drawes in it and the other as willingly heares the saddle and his rider It is oft so that a young Scholar for a time is forced to schoole but being a while entred and taking some l●king of learning goeth to schoole very freely and willingly So may it be and o●t is in these matters wee treat of But last This makes as much against all correction of children and all law-making about matters of the second Table as against coercive lawes in Religion For there they force children and men with a violent motion as much as here and it utterly impeaches the courses of the godly Kings Asa and Josiah in their reforming of Religion as taking such courses as could onely force the outward man with a violent and preternaturall motion who yet are for such their practise praysed in the Scripture Obj But the Gospel naturally begins with illightening the understanding then perswading the Will c. and the summe of the Covenant is to write the Law in the heart Ans. This Argument as some other before proceedes upon a false supposition 1. It surmiseth That such Magistraticall commands and penalties by our opinion serve to work inward grace in mens hearts and for their conversion when we teach that they are onely to order the outward actions of man 2. It surmiseth that they oppose and goe contrary to the work of the Gospel in mens conversion which is utterly untrue And the course which by those that plead for the Magistrates power in this thing is commended to
the Mag●strate is by you wittingly dissembled and concealed to make their doctrine the more harsh and to set the fairer glosse upon your large discourse concerning the order of the Gospels working therefore to deale fairly you should have let them know that we doe not say that the Magistrate's command should goe out alone to force subjection to it but that there should goe with it all along the preaching of the Word and all good meanes of instruction to reclaime from ●●rour and instruct in the truth and perswade to the obedience of it It is their minde that men should be dealt with as reasonable creatures and led by reason and perswasion and not as bruit creatures onely forced with goads and whips 2. This course is far from opposing the Gospel's way as that it directly tends to further the working of it that the Lord thereby according to his Covenant may write his lawes in his peoples hearts The end of it as was said above is to bring men to the hearing of the Gospel and attend upon it without which it can never work either to the illightening of their understanding or the perswading of their wills Moreover for the Covenant which is That God will write his lawes in the heart this writing no doubt is meant of the whole Law that of the second table as well as that of the first What then may not Magistrates make Lawes to regulate mens actions in duties of the second Table as against the foule sins against it because Gods Covenant is to write these in the hearts of his people And if this writing such lawes in mens hearts evacuate not the Magistrates legislative power about such duties why should it take away the Magistrates power to make lawes about Religion and the duties thereof The like may be said concerning the Gospels illightening the minde and perswading the will which concernes not onely the mysteries of the Gospel and matters of Religion but the works and duties of the second Table to the right peformance whereof there is need of the illightening of the minde and perswading of the will about ordering which yet power is granted to the Magistrate Farther Why goe you not on to urge this farther with Familists and Seekers and the like against preaching the Word and such other meanes of edification as vaine and uselesse since God doth promise to write his lawes in his chosens hearts and mindes without mentioning any such external helps yea addeth that they shall no more teach one another saying Know the Lord for they shall know every one the Lord from the greatest unto the least of them Jer. 31. 33. 34. Obj. This was the method he Apostle followed 2 Corinth 3. 22. Answ. Here is a plaine change of the Question For the question is not what method the Apostles and Ministers may and ought to use for inward conversion but what course Magistrates may follow in outward matters of Religion Aliud est sceptrum as he said aliud est plectrum It is one thing to sway a Scepter and to carry the temporal Sword which cutteth the fl●sh and another thing to manage onely the sword of the Spirit viz. the Word and Church-discipline which onely medleth with mens spirits Another manner of power for making Lawes and assigning Punishments i● annexed to the temporall sword than to t●e spirituall 2. What answer hath been given to the former Arguments may serve here namely that this course doth not thwart the Apostles method but doth promote it 3. That that writing mentioned by the Apostle which was by the Spirit and in the fl●shly tables of the heart doth concern the duties of the second table about which the Apostle makes many exhortations in this and his other Ep●stles as well as dutyes in Religion wherefore the Apostles method excludeth the Magistrates power no more from medling with matters of the first Table than of the second and permitteth him equall power in them both Obj. You endeavour by a contrary course to constraine the body to what the heart opposeth And then if whatsoever be not of Faith is Sin your course is contrary to the Gospel-order and destructive to mens soules Answ. This Argument seemes not to be your Helena as you call an Argument of mine but your Achilles as a strong Argument is sometimes called Achilleum argumentum as which in this Question seemeth to be of the most force and strength But I answer that it is not contrary to the order of the Gospel nor destructive to mens soules by civil lawes instruction going along and being also used to restraine men from Idolatry and publishing Heresies or to command them to the necessary and naturall duties of Gods worship though it be against their minde and perswasions For first The Gospel doth not allow that mens erroneous consciences and perswasions should be their rule or guide in Religion or any other way but onely the Word of God 2. The Gospel doth no where allow unto men the practise of Idolatry or the open profession of Errors and Heresies 3. As Christ hath appointed that his Gospel should be preached to every creature so all men are bound when and where it is preached to be ready to heare it It is therefore more contrary to the Gospel and more destructive to mens Sou'es to suffer them without restraint to continue in Idolatrous worship and Hereticall wayes than to restrain and compell them according to the abovesaid order Obj. But whatsoever is not of Faith is Sin and men may not be compelled to sin Answ. It is true that whatsoever is not done with a due perswasion that it is right and lawfull but against such a perswasion and with a doub●ing conscience is sin to him that shall so doe it but is not alway so in it selfe nor to him that shall command the doing of it but may be a most just and necessary duty and very justly commanded to be done 1. There are things meerly indifferent in which to enforce men to practise against their consciences is against Charity is a breach of Christian liberty and an abuse of Magistracy For there is no breach of any command of God in doing or not doing such things and God may be honoured and acknowledged both in his doing or not doing thereof Rom. 146. 2. There be matters of lesse moment in Religion and circumstantiall points of Discipline or so in which who so dissent and carry their dissent in a peaceable and humble way are much to be born with and no hard measure is to be put upon them 3. There are maine and necessary but externall duties of Religion negative and affi●mative and some such as oblige all men even by the law of Nature which to command men to observe and restraine from the contrary evils though it go against their mindes is no sin in the Magistrate For first The doing of the one and the neglect of the other are manifest and palpable sins are sins per se and
authority of the Magistrate such ignorant or weak persons are not rashly or of their owne heads to withdraw their obedience by refusing to conforme to the dutyes enjoyned but they are first in all modest and humble manner and that speedily to propound their doubts and reasons of their refusall and to desire satisfaction therein from such as are in authority 2. If on the other side the foresaid perswasion doe proceed from an obstinate conscience as those that have had the meanes of teaching and have been sufficiently convinced of the lawfulnesse of the things enjoyned by authority of the Magistrate and yet doe obstinately persist in refusing to doe them then the Magistrate compelling them to outward conformity in doing the dutyes enjoyned doth not compell them to sin but useth the meanes to reforme sin in them by punishing them for their obstinacy thereby to reclaime them from it and from their contempt and neglect of Gods ordinances Now this the Magistrate may and ought to doe For Rom. 13. it is said He beareth not the sword in vaine and is therewith to punish evil doers but surely they are evil doers who do wilfully even against the light of their Conscience● refuse to be conformable in such dutyes of Rel●gion and Gods worship as are enjoyned by the Magistrate These are {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} selfe-condemned persons Titus 3. 11. The Magistrate in this case doth not cause such to sin Nisi per accidens vide Pet. Mart. loc. com clas. 2. c. 2. Obj. Faith and Religion are not to be forced but to be freely and voluntarily taken up and embraced according to that of Tertullian ad Scap. cap. 2. Nec religionis est cogere religionem quae sponte suscipi debet non vi It is not according to Religion to compell men to Religion which ought freely to be taken up and not per force And that of Lactant. Institut lib. 5. cap. 20. Religio cogi non potest verbis potius quam verberibus res agenda est Religion cannot be forced the matter is to be effected by words rather than by stripes To such purpose Amb. lib. 5. Ep. 30. Answ. To compell men to conformity in outward ex●rcises of Rel●gion and of Gods worship is not to force them to believe or embrace Religion but onely to compell them to the externall use of Gods Ordinances which are the meanes to work Faith and Religion in them and to move them in time if it be possible voluntarily to believe and embrace true Religion 2. As for those places of Tertullian Ambrose and Lactantius That Compulsion that they speak of is of Christians toward Heathen or of Heathen toward Christians as may plainly appeare by perusing the places and not of the Christian Magistrates compelling of Christians under his Dominion to the outward exercise of Religion and Gods worship established It is one thing for the Heathen Emperours or their Deputies to compell Christians to embrace Paganism or for Christian Magistrates to compell the ●eathen who have been brought up in Paganism and never had yet the meanes to instruct them in Christian Religion to believe and embrace Christianity before they have had sufficient instruction therein And another thing for Christian Magistrates to urge and compell such subjects ●t have been brought up and instruc●ed in the Christian Religion to outward conformity in the publick worship of God established by lawfull Authority Obj. This is the way to make men Hypocrites when they are compelled to the outward worship of God wanting in the meane time inward Piety Answ. The scope of the Christian Magistrate in using such compulsion is not to make men Hypocrites but by this meanes to move them to doe that afterward willingly which for the present they doe by compu●sion as Austin saith of the Christian● in Hipp● where he was Bishop That they at first taking part with Donatus and his F●ction were after moved by the severe Lawes of Christian Emperours reigning in those times against the Don●tists to forsake Donatus and his followers and to embrace the Catholique Doctrine of the Church and so in other cities also Se●Aug Tom. 2. Epist. 48. where he doth at large ●andle this question touching the M●gistrates power in punishing Hereticks Of which Epistle of Austin Zanchy sayes that it is Insigni● epistola sed prolixa a notable Ep●stle but very long See also the same Austin Tom. 7. Operum contra epistolas Petili●●i Donatista lib. 2. c●p 28. c. 84. and also in his 50 Epistle in which places he treats of this question touching the Magistrates power in punishing Hereticks In the former of those places whereas P●tilian complain● of the Emperours forcing the Donatists to the Catholick Faith by persecution Austin makes this answer to him Non persequimu● vos nisi quemadmodum veritas persequitur falsitatem c. We persecute you no otherwise but as Truth doth persecut● Falsehood And againe whereas Petilian boasted that the Donatists did not compell any to the Faith Austin answers thus Ad fidem quidem nullus est cog●ndus invitus sed perseveritatē imo●er miseric●rdiam Dei tribulationum flagellis solet per●idia castigari Num quid quia mor●s optimi libertate voluntatis ●liguntu● id●o mores pessi●i non legis integritate puniuntur S●d tamen ma●e vivendi ultrix disciplina pr●postera est nisi quum pr●cedens belle vivend● doctrina contemnitur that is No man truly is to be compelled to the Faith against his will but through the severity yea through the mercy of God perfidiousnesse is wont to be chastized with the scourge of tribulation What I pray because good manners are chosen by a free good-will shall not therefore bad manners be punished by sound and wholsome lawes Notwithstanding that Discipline which is the revenger of evill living is preposterous unless when the precedent instruction of well-living is despised To which may be added that of Austin contra epist. Gaudentii Donatistae lib. 2. cap. 17. Quod vobis Donatistis videtur invites ad veritatem non esse cogend●s erratis nes●ientes scriptur●● virtutem D●i qui eos volentes facit dum coguntur inviti Whereas it seems to you Donatists that none are to be compelled to the truth against their will you erre not knowing the Scriptures nor the power of God who maketh men willing while they be enforced against their will Zanchy in 2 praeceptum cap. 15. de imaginibus Thes. 4. handles this question where thus he expresseth the sum of what he holds concerning it Augustini sententiam sequor Piu● magistratum posse pro authoritate sibi a Deo tradit● ver● etiam si viderit se posse suâ authoritate ad ecclesi● adificationem uti ex officio debere subditos suos a malo ad bonum a superstitionibus ad verum cultum cogere tempore tamen commodo ●edo ad ●inem consequendum utili prudenter observato that i● I follow the
Why should there be any preaching any writing any praying or disputing against Heresies Christ is potent without such means to prevaile in light Nay may we not also say Why should any Lawes be made against Murder Whoredome Theft Slandering c. for God is as potent to maintaine Righteousnesse Peace Chastity and Truth c. in such a liberty as Satan is to work Unrighteousnesse Uncleannesse Envy Lying c. But if it cannot be expected that Christ should put forth his power to maintaine such Vertues where there is such a neglect of meanes as that no good Lawes are made against the foulest Vices so surely it may be feared that Satan will there more prevail with his delusions in Religion than Christ shew himself powerfull in maintaining truth where no good lawes are in force to represse Heresies or to uphold Divine truth Obj. Truth may thus be shut out and Compulsion hath proved a direct enemy to the Gospel Answ. It is true and so hath Preaching Writing and Church censures helped to shut out Tru●h and been made direct enemies to the Gospel But that hath been not in the right use of them by preaching and writing for truth and just censuring scandalous and erroneous persons but by the abuse of them in turning them against the truth and professours of it And if this co●rciv● power which in harsh language you delight to call Compulsion exercised in matters of Religion have obstructed Truth and been an adversary to the Gospel that mischief hath not sprung from the nature of the power which is good and lawfull but from the abuse of it by seduced and ill affected Magistrates who have misimployed it And it is a grosse Paralogisme from the abuse of any thing to blemish or extinguish the right use of it And if you would clear your eyes and look abroad you may see that it hath oft helped to maintain Truth and prop●gate the Gospel witnesse the godly Kings of Judah who did thereby put down Idolatry in their land and bring their people back to the true worship of God Witnesse the first Christian Emperours who by it banished Pagan Idolatry and promoted Christian Religion Witnesse Protestant Princes of late in England and other Countreys who by it suppressed Popish Idolatry and set up the preaching of the Gospel and countenanced the profession of it Last Compulsion of the Civil Power hath oft been an instrument of Tyranny and exercised to hinder justice and righteousnesse as Solomon sheweth And yet indeed it is not so easily and oft used against Justice and other ●uties of the second Table as it is against the Gospel For that there be more principles of civil righteousnesse and care of preserving peace and mans outward welfare left in mans nature to direct thereto and check unrighteousnesse than of Divine truth in Religion of which there are left but some generall notions that there is a God and that he is to be worshipped but nothing by any such principles doe they know of the particular manner of his worship much lesse any thing of the Gospel And if notwithstanding this abuse of civil power or compulsion against righteousnesse and tra● quility commanded in the second Table it have its right use and that to b● a low●d about civil matters of that table there may be a right and lawfull use of it in matters of Religion though by the abuse thereof it shut out Truth and be oft an enemy to the Gospell Obj. To what way doe you so eagerly labour to engage the Sword of the Magistrate to your own or to some other Answ. This is nothing but the sp●tting of your rancour For where doe I mention the Sword of the Magistrate in my Epistle What are the words that I use to engage the Sword of the Migistrate against any Religion All that I doe is but briefly to decipher and complaine of that mischief that hath come of an universall toleration of all Religions that not as avowed and allowed by the State but by you and others cryed up and usurped 2. We take not upon u● to prescr●be to the Magistrate any way in Religion which he should establ●sh but advise him specially to have recourse to the Word of God which is a sure and cleare rule out of which he may learn● by diligent search and prayer taking also the advice of godly and learned Ministers what is the good and right way which he himselfe should embrace and also commend yea and command unto his Subjects 3. A● under the Bishops there was a power practised which was tyrannicall whereof you also a● well as other did complain so now also in this multiplicity of religious wayes set on foot some courses must needs be erroneous and schismaticall in which company you and your party march with the foremost Obj. Neither you nor any other sit in the Chaire of Infallibility and so have no power over the conscience which none can have but an unerring Law Answ. 1. Whence are these loud words concerning our Infallibility Our speech is not of our power but of the power of the Magistrate 2. If the Magistrate may not make lawes in matters of Religion because he is not infallible in his determinations upon that account you may as we●l abolish his power about Lawes in civil matters For in those he may mistake though not so oft and foulely as in matters of Religion and enact things not onely heavy and burth●nsome unto his people but also unjust and unrighteou● 3. There is an infallible and unerring rule viz the Word of God by which the Magistrate i● to be direct●d in making Lawes And so farre as he keepe● close to that his determinations are infallible and to be observed 4. The matters that he commands in Religion ought to be the manifest precepts of God or evidently consonant to his Word and then though as being the command of the Magistrate they doe not absolutely binde the conscience yet as God● L●wes they have power so to doe It is then a vaine surmise to imagine that the Magistrate in making such Lawes doth encroach upon mens consciences as binding men by his meere authority unto the observance of them and that under p●ine of damnation when as he doth onely command externall duties of Religion to which men by Gods Law are bound in conscience A● for example the sanctifying of the Lords day publique attendance upon the Word and other natural worsh●p of God and forbidding what is manifestly forbidden by the Word the open professing and publishing of Error and Heresies and making unwarrantable Schism● in the Church and that onely under some temporal penalties and rewards Obj. Suppose you and others were infallible yet neither you nor any can create beliefe in the hearts of any that are contrary-mind●d Answ. This Argument proceeds upon a false supposition ●● if it were affi●med that Magistrates should compell men to believe and repent and in case they do not were to punish