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A40050 Four grand questions proposed, and briefly answered wherein is discoursed, the authority and duty of the magistrate in the matters of religion, the unlawfulness of a toleration and general liberty of conscience, the divine right of Christian liberty in things indifferent, the unlawfulness of repealing the laws against Popery and idolatry. 1689 (1689) Wing F1655; ESTC R20387 25,185 33

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we have proved it cannot do then certainly no Scandal is given by omitting such unnecessary things For this we have a parallel Instance in our Saviour's justifying his Disciples in omitting a lawful but an unnecessary Ceremony tho' injoined by lawful Authority notwithstanding the Pharisces were scandalized by it namely in omitting to wash before Meat Mat. 15. 13. Therefore it being thus lawful and necessary to omit such indifferent things in Religion as are doubtful and scandalous but yet also necessary to do and perform the essential and necessary parts of Divine Worship the Practice of Christians then in keeping to all the necessary part of Protestant Doctrin and Worship omitting only that which is in it self unnecessary and in its use doubtful and scandalous cannot justly be condemned as unlawful or scandalous for herein they do but save and improve their own Right and Liberty which they have by vertue of the Divine Law without respect to the obligation of such Laws as either restrain a necessary Duty or require an unnecessary Ceremony And the doing of a necessary Duty and the omitting an unnecessary Circumstance doth not render a man culpable of giving Scandal the Scandal may perhaps be taken or follow thereupon 3. Hence it follows that this Liberty used in Religion ss no practical Assent to a general Toleration for there being nothing in this practice granted thereby but what was an original Right antecedent and without respect to such a Toleration it cannot follow that Christians thus using their liberty in the exercise of all the Essentials of the Protestant Religion omitting only such things different and doubtful cannot be said to give any practical or 〈…〉 to the lawfulness of a general Toleration of all Religions because the ground and reason of the Exercise of this Liberty is not founded on the Toleration but both on the lawfulness and obligation of the Duty so to practise without respect to such a Toleration Much less is it any practical Assent to a supposed power in the Supream Magistrate to dispense with such Laws as are of known use and necessity to the support of the Fundamentals both of the Civil Government and the Protestant Religion for tho' we should grant that the Supream Magistrate may dispense with the observation of things indifferent and doubtful in Religion tho' injoined by Laws as well as from the Penalties imposed for omitting them and that when the supream Law of Piety and Charity require it it will not follow thence that he may dispence with all Laws that require both the profession and practice of True Religion in the Essentials of Doctrin and Worship and that prohibit Idolatry and False Religion and give a general Toleration of all Religions I hope that all true Protestants that accept their liberty only in an exemption from such things indifferent and doubtful in Religion do utterly disown the lawfulness of such a Toleration or of any such power in the Supream Magistrate to dispence with the Laws those that through Ignorance or Errour have professed any actual Consent to it are much to be pittied and blamed QUEST IV. Whether it be lawful for Subjects to Consent to the Repealing those Laws that Establish and Preserve the True Christian Religion Answ I Answer That they may not but that which hath been proved under the foregoing Questions hath anticipated much of that might be said in Answer to this for the force of this Question loseth its strength upon supposition of the Truth of the former Hypothesis and needs little to be said in Answer to it for 't is easie to see that if it be the Magistrate's Duty and so especially the Duty of the Legislative Power to maintain the True Religion 't is then their Duty to maintain those Laws that both establish and are necessary to the maintenance of it because the Magistrate's Office and Power is exer●ed by Laws Now those Laws are either such as require the profession practice of the True Religion or such as prohibit and punish the profession and exercise of False Religion neither of which may be lawfully repealed unless better Laws for the Security and Establishment of True Religion be first provided for by repealing the Laws that establish the profession and exercise of the True Religion the Magistrate dis●…eth his care and regard for the Church of God and so frustrates and makes void one of the special ends of his Office and likewise betrays the Cause of Religion to the Rapine and Violence of its open and professed Enemies And then also the repealing the Laws that prohibit False Religion and Idolatry is not only an Allowance of it but a constructive setting it up at least becoming partly guilty of it Hence is that Rule in Morality Cujus manu est ne quid fiat ●i deputatur cum jain fit In whose hand and power it is that an Evil Act be not done to them 't is imputed if it be done And this Rule doth most properly respect Magistrates and those that have Power over others who are truly said to be guilty of that Evil which they are able by good Laws to prevent and do not And therefore that Magistrates ought to prohibit at least the publick profession and exercise of Idolatry and False Religion was no doubt the ground of those good Laws which prohibit the same which our Forefathers with so much zeal for the Truth of the Protestant Religion obtained against Popery and Idolatry But with what zeal for or security unto the Protestant Religion they may now be repealed I do not understand If then it be not morally lawful for the Legislative Power to repeal those Laws that establish and preserve the Protestant Religion I need not then further prove that it is not lawful for the People to consent thereunto which will thence follow But I shall conclude all by making some short Answer to Three of these Arguments which I judg are the most specious that are urged for repealing the Penal Laws and those also are of so little weight that there need little to be said in answer to them First 'T is said That the Penal Laws made against Popery have been perverted from their proper end and use against Papists to oppress and persecute Protestants for Dissenting only in matters of Circumstance and Ceremony in Religion Answ But this is not the fault of the Laws but of those that had the executive Power and was so done as now appears plainly to serve the Design of Pope●y then carrying on But tho' the Peral Laws have been so perverted yet seeing it appears that they are of such necessary use for the Security of the Protestant Religion against Popery they may not for that reason be repealed But as for those Laws that impose Penalties on Protestants adhering to all the essential and necessary parts of Protestant Doctrin and Worship but upon scruple of Conscience dissent in some Matters of Circumstance and Ceremony in Religion which to them are doubtful and uncertain 't is to be hoped that the Wisdom Piety and Charity of another Parliament may either give a greater latitude in the terms of Church-Communion amongst all Protestants or abate the rigour of those Laws that impose Penalties for Nonconformity only in such matters Secondly 'T is further alledg'd by some That there are some Abuses and Corruptions in Religion still remaining in the Church of England and that all those Penal Laws establish and confirm them and require full Conformity to them as to the essential part of Religion upon pain of Penalties annexed to those Laws and that therefore they should be repealed for the sake of those Abuses Answ Tho' we suppose there are Abuses and Corruptions about the Circumstances of Religion confirmed by the same Laws whereby the substantial and necessary part is confirmed yet it will not follow therefore that for the sake of those Abuses those Laws should be made void that confirm the essential part unless as we said before better Laws could first be obtained that might at least so well Secure the essential part because a lesser Evil is to be chosen to wit the burthen of those Abuses rather than a greater namely The Overthrow of the whole Frame of the Protestant Religion and the Introduction of Popery Therefore where a less-necessary Good cannot yet be attained unto there the most necessary Good already attained must be preserved Thirdly 'T is further objected That those Laws never did nor never will answer their End of bringing all Persons into an Uniformity in Religion for which they are intended And this is the main Reason given by some for Repealing them Answ To which may be answered That the same is objected by Papists against the Scriptures themselves of being the Rule of Faith that they never answered their End of reconciling Differences in Religion And indeed upon as good grounds it may be said of the Law of God That it is not the Rule of Life because it doth not attain its End of being such for that all Men will not be ruled by it But for further Answer Those Laws have attained their End so far hitherto as to support and maintain the essential and necessary parts of Protestant Doctrin and Worship against the prevalency of Popery for which end most of the Penal Laws are especially intended but that they have not also attained their end of procuring Unity and Uniformity in lesser matters relating to Modes and Ceremonies in Divine Worship hath been doubtless the too much overdoing by the Imposition of such things unnecessary and doubtful in Religion which will perpetuate Divisions to the World's end whilst they are made necessary Conditions of Communion amongst Protestants But alas either Unity or Diversity of Opinion and Practice in such matters as these are is not of that moment and concernment that some men imagine that lay so much stress and weight upon things of Ceremony and Circumstance and so little value the Substantial and Great things of Religion The principal Bond of Christian Unity is an Unity in the profession and practice of the Protestant Faith to the preservation of which those Laws are especially to be esteemed as useful and therefore should not be repealed unless better Laws conducing more effectually to those great ends of Religion can be made and provided FINIS