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 LONDON Printed in the YEAR 1689. The PREFACE IT cannot but be generally understood what an abundance of Heats and Animostties have been raised in the Nation about a Toleration Liberty of Conscience and Repealing the Laws about Religion which have been pleaded for by many whether with greater vehemency or with greater absurdity is hard to say for the Lawfulness of it hath rather been supposed than proved by any For whilst they have been considering how to secure a Toleration and Repeal the Laws that establish Religion they never considered Whether it could be consistent with the Office and Duty of the Christian Magistracy to do either one or the other Tho' such a Toleration and Repealing the Laws doth carry in it nothing less than an Exemption from the Obligation of all Humane Laws in the Matters of Religion which must necessarily suppose no Authority nor Duty incumbent on the Christian Magistracy to take Care for True Religion and the Worship of God which if that could be proved would be indeed the strongest Arguments of all for a Toleration and Repealing the Laws and unless that could be proved whatever Arguments else may be brought for it from other Respects and Considerations they are of no Force if this be taken for granted That 't is against the Duty incumbent on the Government by the Law of God to do it And tho' there are indeed weighty Arguments against such a Toleration and Repealing the Laws drawn from the ill Effects Means Ends of it yet this Argument seems to be most cogent and of greatest force that is drawnfrom the fundamental and principal Cause why 't is Vnlawful namely Being against the Office and Duty of the Christian Magistracy Vpon this Principle therefore I have alwaies been perswaded â—…at not only a general Toleration but Repealing the Laws was â—…orally Vnlawful unless better Laws could be made by the Government to Secure Religion which no man of Sense can think unless such Laws have also a Penalty for What Force or Obligation can Laws have to this End without a Penalty I have therefore in this little Treatise under the following Questions as compendiously as possible proved the Magistrate's Office and Duty about Religion to be Moral and Perpetual and not belonging to the Old Testament Administration only from this as a Principle I have argued the Vnlawfulness of a general Toleration and of such a Liberty of Conscience as is opposed to all Humane Authority and Laws in the matters of Religion yet nevertheless lest any should hence conclude That a Humane Authority can impose Laws on the Church in things of Religion not necessary or commanded by the Word of GOD I have proved the Divine Right of Christian Liberty in things Indifferent especially if the same Indifferences be matter of Doubt or Scandal and That the practice of such a Liberty in Religion in things Indifferent tho' restrained by Laws is no matter of Scandal given nor any Assent to a general Toleration or the Dispensing Power And in the last place I have proved the Vnlawfulness of Repealing the Laws against Popery and Idolatry and Answered the most specious Pretences alledged for it If that which is here briefly discoursed may obtain its designed end to set the Judgments of some men right in those great and weighty points the Author will have his end in exposing the same to publick view which was first composed for his own satisfaction Now to the King-Eternal Immortal Invisible the only Wise God be Honour and Glory for ever and ever Amen Four Grand QUESTIONS proposed and Briefly Answered VIZ. I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion II. Whether it be lawful for the Christian Magistrate to give a general Toleration of All Religions or what Liberty in Religion he ought to Allow III. Whether it be lawful for Subjects to give their Actual Consent to a general Toleration IV. Whether it be lawful for Subjects to Consent to the Repealing these Laws that Establish and Preserve the True Religion Of These in Order I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion BUt before we proceed it will be necessary to lay down by way of Supposition what we understand by Magistrates and what by the True Christian Religion But here we shall not meddle with the divers Forms of Lawful Government but rest satisfied that our own form of Government is either Best in it self considered or at least Best for us By Magistrates therefore we understand chiefly the Supreme Legislative Power of a Nation or of a Body politick not excluding Subordinate Magistrates also within their respective limits By the True Christian Religion we understand the Protestant Religion in those essential matters of Protestant Faith Worship and Discipline wherein it is truly such Now that the Office of Magistracy is founded both in the Law of Nature the Moral Law and also is of a Divine Institution by the positive Command of God I take for a granted Truth and will be denyed but by few All the Question then before us is About the Extent of the Magistrates Power Some will have it now under the Gospel to respect only Civil Matters and Moral Justice between Men but that he hath no Authority in the Institutions of Reveal'd Religion under the Gospel Hence it would follow that he is not oblig'd to maintain by Laws the Gospel-Institutions But the Affirmative is that which I undertake to make good and that by the following Arguments 1. From the Efficient Cause of Magistracy 2. From the Formal Cause of Magistracy 3. From the Final Cause or End of Magistracy 4. From Scripture-Precept and Precedent 1. That 't is the Duty of Magistrates to promote and preserve by Laws the True Christian Religion will appear from the consideration of the Efficient Cause of Magistracy which is no other than God himself Now God may be said to be the Cause and so the Author of Magistracy in a threefold respect viz. By his Law Natural Moral and Positive 1. By his Law Natural implanted and written in the Heart of Man by which Mankind is enabled to know and understand both the reasonableness necessity and utility of Political Government in order to promote and preserve the good of Societies 2. By his Law Moral thus the Fifth Commandment establisneth the Relation and enjoineth the Duties between political Fathers and Subjects as well as between natural Parents and their Children 3. God is also the Cause of Magistracy by his positive Ordinance and Appointment Thus he appointed Magistrates both
then the Duty of Magistrates even when they were Enemies to Christ both to believe in him and to imploy their Power for the Advancement of God's True Religion and VVorship for this they were morally oblig'd to do from the nature of their Office. And therefore Christ's imploying the Gospel-ministers in a Ministerial way doth not dissolve those Obligations that lie upon tho Magistrate by the moral Law of God to take care for the Advancement and Security of True Religion for seeing the Office of Magistracy is contiuned under the Gospel we need no New Testament-Precepts to inforce his Duty in this respect which is incumbent on him not immediately by any Gospel-precept but by a previous Obligation antecedent to the Gospel-Ministry which is moral and perpetual inherent in his very Office and Dignity that having Authority from God and being in his Stead in the world should imploy his power best for God's service and glory And as the Magistrate is not disoblig'd to promote and preserve True Religion under the Gospel from the office of the Gospel-Ministry imployed to that end neither is it disagreeable with the Gospel Dispensation that he should do so more than formerly under the Law for the difference between the Law and the Gospel doth not lie in any of the moral Obligations of Religion but chiefly in the Positive and Typical and Ceremonial part which is now fulfilled by the Coming of Christ and so done away but the moral part is still the same as under the Old Testament and those few positive Doctrines and Institutions that are peculiar to the Gospel are all included in the moral Law for the First-Table Commandments do comprehend all the Doctrines and Ordinances of the Gospel and require belief of them and obedience to them and indeed the moral Law doth comprehend the whole Duty of man for it requireth Belief in whatsoever God shall reveal and Obedience to whatsoever He shall command Now I argue thus That if the whole Law of God be the Foundation and Rule of Laws and Magistracy as we noted before then certainly the Magistrate is Keeper of both Tabâ—es of the Law or else he is Keeper of neither Hence it will then follow that all the Gospel Institutions thus included in the First-Table-Commands are under the care of the Magistracy as well as those Duties that respect the Second-Table-Commands Thus 't is very clear That the Magistrate under the Gospel is bound by the Law of God to imploy his power and care for true Religion and the VVorship of God. And if so then he ought no doubt to make Laws for the promotion and support of it for that the power and office of Magistracy is exerted by Laws to which Laws 't is necessary that there be a Sanction of Penalties upon the Breach of them for if the Magistrate have only a mandative and preceptive power in the matters of Religion and not power to inflict Penalties for the Violation of Laws he may be said to bear the Sword in vain in that respect And 't is necessary to Laws that they be backed with Penalties not only to further obedience but also to maintain the honour of the Law and the authority of the Magistrate But as to the Magistrates forcing persons to believe in Christ this he cannot do because Faith is an Act of the Understanding and the VVill but where the Faith of Christ is not generally professed he may both require the Attendance of the Person on the publick preaching of the Word and also prohibit and suppress all publick profession and practice of Idolatry and false Religion But this is not the Case in such Governments where all have taken up the profession of Christ and his true Religion at least in the speculative and doctrinal part of it and have vowed by Baptism to adhere to that Religion both in profession and practice Also where some have taken on them the Ministerial Function in the Church and thereby have obliged themselves to the Duties of the same In these cases doubtless the Christian Magistrate may according to the example of good Kings under the Old Testament require and cause by good Laws both Ministers and People to do their respective Duties in Religion and impose penalties for defections or neglects agreeable to the merit of the fault and for grievous Offences against Religion as Idolatry Heresie Blasphemy c. when they are certain and apparent may doubtless inflict corporal punishments after the example of God's own Laws And that the infliction of corporal punishments for great Offences against Religion is not disagreeable with the Gospel Dispensation appears plainly by the Examples of St. Peter Act. 5. 10. who using an extraordinary Authority above that of the Ministry did wonderfully put Ananias and Saphira to death for Sacril dge and Lying and Paul strook Elymas the Sorcerer with Blindness for opposing the Gospel Act. 13. 11. which miraculous waies of punishments were accommodated to that present state of the Church in the want of Christian Magistrates to succour and desend it who were then so far from maintaining the Interest of the Church that they were the greatest Enemies to it and Persecuters of it But yet nevertheless those Examples prove that corporal punishments for great Offences against Religion are consistent with the Gospel Dispensation Thus I hope I have sufficiently proved the power and duty of the Magistrate under the Gospel to promote and maintain by Laws the True Religion and so pass on to the Second Question QUEST II. Whether it be lawful for the Christian Magistrate to give a general Toleration of all Religions or what Liberty in Religion he ought to allow Answ TO this I answer in the Negative That he may not give a general Toleration of all Religions Put what hath been laid down aâ—d proved in Answer to the former Question may indeed serve for an Answer likewise in part both to this and the following Questions which will be easily and plainly answered in the Negative upon supposition of the Truth of the former Hypothesis namely That 't is the Duty of the Magistrate to promote and maintain the True Religion From thence it will follow that he may neither give a general Toleration of all Religions nor the Subjects Consent to such a Toleration or to the repealing the Laws that establish and preserve the True Religion That he may not give a general Toleration of all Religions I urge therefore First From the Inconsistency of giving such a Toleration with his Duty to promote and maintain the True Religion for thence it will follow that he ought not willingly at least to tolerate any but the True Religion and that he ought also to endeavour by all expedient and lawful means to suppress and exterminate all Idolatry False Religion And tho' as we noted before the Magistrate cannot force any without the Visible Church to believe in Christ yet no doubt 't is his Duty where the True Religion is not generally
Ordinary and Extraordinary under the Old Testament And we find also the Office and Power of Magistracy ratified and confirmed by the New Testament under the Gospel the Apostle tells us That all Powers are of God and that not only by his providential Allowance and Toleration but by his special Assignation and Appointment therefore said to be ordained of God Rom. 13. 1 2. therefore the Magistrate is said to be the Minister of God ver 4. Hence we find that all that Justice which the Magistrate executeth is called the Justice of God 2 Chron. 19. 6. They are also called Gods Psal 82. 1 6. because they are God's Deputies and Vice-gerents representing his Presence and his Power in the World. Now it cannot reasonably be supposed that God would thus delegate his Power and Authority in the World to Magistrates and so signally dignifie and authorise them but in order to some special Service they are to do for God in the World And 't is most reasonable and morally just that the Magistrate having his Power and Authority from God he should imploy it best for his Service in the World which he cannot do but by promoting and maintaining True Religion Secondly This will further appear from the consideration of the formal Cause of Magistracy to wit The Laws for 't is the Law that giveth Form and Being to the Magistrate and is the life and soul of Government Hence are those Axioms Lex facit Regem Rex nihil potest nisi quod jure potest Now Laws do originally derive all their force from Religion because the Moral Law of God is the Supream Law of all Nations and therefore the Ground and Rule of all Humane Laws which Law of God we see doth in the first place take care for Religion and the Worship of God as the bottom and ground of all Duties of Moral Justice between men Our Saviour tells us That the first and great Commandment of the Law is to love the Lord our God with all our heart soul strength and mind Luk. 10. 27. which doth indeed include and prescribe the most exact way of Religion and Holiness that can be Now this Divine Law being both the Foundation and Directory of all other Laws it must therefore follow That all Humane Laws by which Magistrates ought to Govern should in the first place provide for True Religion and the Worship of God for the Moral Law of God being the Supream Law and Rule of Life for all Mankind is therefore the Rule of all Laws and Government and all Humane Laws that have the true nature of Laws are grounded on it or reducible to it or else theyare but Tyrannical Impositions Hence it is that the political Laws of Nations are said to have a kind of Sacredness in them which is to be understood when they are founded as they ought to be on the Principles of the Law of God their Agreement thereunto giveth Force and Obligation to them for the Obligation of Laws ariseth from the good End they tend unto and are useful for in conjunction with the lawful Authority that imposeth them So that now the Law of God being the Rule of humane Laws whereunto they ought to correspond in all the precepts thereof respectively it follows therefore that the Laws of Magistrates in conformity to the Law of God which we see giveth the preference to first Table-Duties ought also in the first place to provide for the Exercise of True Religion and the Worship of God as the ground of all other Laws that respect Moral Justice amongst men Thirdly From the final Cause or End of Magistracy which is threefold 1. The Glory of GOD. 2. The Good of Societies 3. The Good of the Church First The Glory of God which as it is the chief and ultimate end of Man so of all God's Ordinances and Institutions for the sake and good of Mankind that in and by them the glory of God may be advanced God then being the efficient Cause of Magistracy it therefore follows that his Glory must be the principal End now 't is the proper End and Use of Religion to give glory to God and without the practice of true Religion the Divine Perfections are not actually adored and advanced If then the end of Magistracy be to advance and set up the glory of God in the World he ought to set up and maintain True Religion as the greatest Glory can be brought to God in this World. Secondly The good of Societies is the subordinate End of Magistracy for as the Fundamental Humane Causes of Government is the Necessity of it for the Publick Good so the End of Magistracy in that respect is that the Temporal Good and Tranquillity of Societies may be promoted and preserved Now if there were no higher Causes and Ends of Magistracy than this as we have already and shall further prove there is yet nevertheless it would be the Duty of Magistrates to take care for Religion because 't is very certain that True Religion doth best of all conduce to the Temporal good of Societies This is plain not only from the Scriptures that assure us that Godliness is profitable unto all things 1 Tim. 4. 8. but also from the reason and experience of Mankind Therefore we see that even in those Nations that were void of the knowledge of True Religion yet those that were Legistators and Governours amongst them alwaies with their Laws mixed some Precepts of Religion and Opinion of God some pretending they received their Laws from God himself Whereby we see that they thought that Laws and Government could not stand without something of Religion which tho' their religious Precepts were superstitious and idolatrous in the want of Divine Revelation yet nevertheless it thence appears That the Law of Nature taught them not only the necessity and obligation of Government and Laws but also that the sence of Religion was the most necessary Foundation of it And then it will follow that if any thing of Religion be necessary for the temporal good of Governments that the True Religion is then best of all and most necessary that being the Spring and Fountain of all Virtues from whence is to be drawn not only the best Directions for but the strongest Motives and Engagements unto all those Duties of Moral Justice and Charity amongst men which are so absolutely necessary even to the temporal good of Societies It would be easie to demonstrate that True Religion is certainly the best Foundation of all Political Government and of the Execution of Laws the Obedience of Subjects and of the Exercise of that Justice and Charity between men which only can render the life of man peaceable and 〈◊〉 in this World. If then the End of Magistracy and Civil Goâ—ernment were only for the temporal good of Societies yet it would follow that 't is the Duty of Magistrates to advance and maintain True Religion because it chiefly conduceth and is so necessary to this End.
people made a Law That whosoever would not seek the Lord God of Israel should be put to death 2 Chron. 15. 13. And these are approv'd for so doing whereas those Kings that took no care of Religion but did either set up Idolatry or did not suppress it are branded for such as did evil in the sight of the Lord. Object But it will be objected That what the Magistrate thus did under the Old Testament for the Cause of Religion was but the Execution of God's own Laws which he was obliged to do but that this is no Precedent for Christian Magistrates under the Gospel because those Laws are now abrogated and there are no new Laws prescribed by God under the Gospel for the inflicting of any punishments either pecuniary or corporal for any Offences against Religion and therefore the Magistrate hath no Authority to make Penal Laws for this end Answ Tho' it be granted That the Gospel prescribes no punishments for Offences against Religion and that the Judicial Law also as it was peculiar to that Nation so is not precisely binding on any Nation under the Gospel yet it will not therefore follow that Magistrates may not make Penal Laws for Offences against Religion for then upon that ground he may not make Laws for Offences against Second-Table-Commands as Murther Adultery Thâ—ft c. for the New Testament doth not prescribe any And therefore on this account some have been so wild to think that no corporal punishments should be inflicted under the Gospel by Christian men But 't is generally agreed by all That the natural and moral part of the Law of Moses to wit that which is founded on Reason and Moral Justice is still obligatory on all Nations and 't is certain that a great part of the Judicial Law is but an Exposition and Enforcement of the natural and moral Law of God Hence most of the Penalties inflicted by that Law for Offences against any of the Precepts of the moral Law we may find that the reason and ground of the Penalty may in many things be drawn from the moral nature of the Crime as well as from the Will of God prescribing the kind of Penalty Now it cannot be denied that where the reason and ground of the Penalty for such and such Offences is natural and moral there those Penal Laws are so far still in force that they remain on Record both as Precedents and Engagements on all Nations to make Laws in conformity to them And surely where we cannot so clearly see the reason of the penalty yet where the Offence against the Law of God is the same there the Will of God imposing penalties for such and such Offences against his Law is the best Rule and Pattern for the Laws of all Magistrates in the world Now If the Abolition of the Jeuish Pedagogy and their Civil State for which these Penal Laws were more peculiarly adapted doth not null the power of the Christian Magistrate to make Penal Laws for the Violation of Second-Table-Commands as for Murther Wheredom Theft c. Why should it any more null his power to make Penal Laws for the Violation of First-Table-Commands as for Idolatry Superstition Blasphemy c. for the First-Table-Commands have still the precedent Obligation to the Second and the Violation of them have the same moral Obliquity and Guilt as under the Law Therefore Laws to punish those Sins have the same Reason and moral Justice in them as the other Hence it will follow that Magistrates are under equal Obligations to impose such Laws as the other Object But it will be further objected That Jesus Christ hath only appointed under the Gospel the Ministry of the word which is the Spiritual Sword for the propagating and maintaining the Christian Religion And Men are invited to believe and embrace this Religion upon free Choice and Election and upon principles of pure Conviction and Conscience and not compelled or forced to it by the power of the Sword and that 't is not agreeable to the Gospel Dispensation that the Christian Religion should be promoted by a Temporal power or men punished for disobedience to it Answ For answer this mistake of denying the Authority of the Civil Magistrate in the matters of Religion comes to pass by not distinguishing between those two distinct Offices viz. of the Ministry and of the Magistracy which are Offices of a different Order that have each their peculiar Properties and Imployments tho' both to the great and general end of the Glory of God and also the Good of the Church The Ministerial Office is properly founded on Christs Commission as Mediator of the Church to whom are committed the Keys of the Kingdom of Heaven both of Doctrin and of Discipline but the Office of the Magistracy is of another Order and founded on God's Law as he is Rector of the World to whom is committed the Sword of Justice and that not only between man and man but between God and man. Magistracy therefore is not properly a Gospel but a moral Institution Now as the Gospel doth not abrogate but on the contrary doth establish the Obligations of the moral Law Rom. 3. 13. so by consequence it doth not null either the Office or any part of the moral Duty of the Office of Magistracy but on the contrary doth ratifie and confirm it as it doth all other matters of moral Duty and Religion 'T is true also that our Saviour only appointed the Ministry of the Word for the propagation of the Gospel for he came into the world in the quality of a Prophet and Minister and so propagated his Religion and in that Capacity commissionated and sent forth his Apostles and Gospel-Ministers He did not intermeddle with the Office of the Magistracy but left that to stand on its own bottom as founded on the Law and Ordinance of God for tho' he were a King yet his Kingdom were spiritual and not of this world and therefore as he took not the power of the Temporal Sword himself as he might have done upon Divine Right so he gave no such power to any of the Ministerial Order And we find also that God Almighty in whose power are the Hearts of Kings and Magistrates did not use their Power and Authority for the promotion and advancement of the Christian Religion at the first which he might have done by effectually calling and converting them by his Grace as well as others and so inclining their Hearts to improve their Power and Office for his Glory as was their Duty to do but he did not and that no doubt in great wisdom that so the Gospel being propagated by such weak and contemptible Instruments as the Apostles were without the concurrence of the Civil Power yea and against such great opposition from them might be given to the world one of the most convincing Evidences that could be of the truth of the Christian Religion But it doth not follow thence but that it was