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
But it 's not all kinde of Intelligence but some only in particular 1. Not a Theoretick Knowledge but a Practick and therefore always referring to some Action or Omission And 2. It is not referred to another mans affairs but his own whose it is And lastly it is not a mere apprehension or suspicion but a knowledge always at least of the fact and often determines by the Rule known of the Legality of the fact and so passeth Judgment and thence is called Judicium but sometimes Conscience is doubtful here and thence it is called a weak doubtful and scrupulous Conscience § 4. It may be therefore thus described Conscientia est modus Intellectus Judicialis practicus Conscience is the Vnderstandings Judicial manner of proceeding concerning our selves and actions A man in Conscience as God's Substitute or Deputy sits in Judgment upon himself first inquires as Jury of the matter of fact whereof according to Self-evidence he is found Guilty or Not-guilty and according to the Law manifested is acquitted or condemned This Judgment of Conscience may be considered in the power and act a man may have a Conscience-power which doth not exert and put forth act as a Man in Infancy or in Sleep Ergo it may be called Potestas intellectiva Intellectual Power reducible into act Again Intellectual Power is either Intuitiva vel ratiocinativa that is the intuitive which is the Vision or Understanding of a Truth Axiomatically or in the Abstract Ratiocinativa which is looking on several Truths compared together and one Truth being laid by another by way of Collation produceth a third Truth which we call a Conclusion or Inference The first and general truth that comes to the knowledge is the Law of God which is brought to us by the light of Nature or by the Word of God which way soever it comes it 's enough to give it a throne in Conscience that it be certainly known to be God's Law Nextly that our actions are laid by this Rule or brought before this Judgment-seat which two being solemnly brought together a third necessary Truth or Judgment according to truth doth result and is accordingly pronounced the certainty of which depends on the certainty of the Premises or at least the exact and just comparing them together The Understanding thus behaving it self puts on the nature of actual Conscience or Conscience in act bringing the habitual or potential Conscience into acts in this manner either concerning a mans state or actions Concerning a mans state The Soul that sins shall die I have sinned Ergo. Or concerning his particular actions He that committeth Idolatry or Adultery c. breaketh God's Law but I have committed such and such an act which is so Ergo § 5. Hence Conscience ruled by Christ's Prerogative is the practical reasoning Vnderstanding or Modus intellectus practicus in man whereby a judgment may be passed concerning a mans self by himself according to his apprehension of the revealed Judgment and Will of God its divine Authority that rules in mans Heart as to the approbation or condemnation of himself or actions The Conscience of the very blinde Heathens admit of no other power to acquit or condemn in this kind but either the convincing light of the moral Law written in them or some supposed false Divine light which by reason of the blindness of their Hearts seduceth them to false Worship and Idolatry § 6. The method of Conscience his acting is thus first there is the general undoubted truth known or assented to as such and it 's either that which is really so or supposedly so only and not so really if it be the latter it 's the main foundation of an erring Conscience It is the prospect of some apprehended Divine Truth or other Moral Levitical or Evangelical which obligeth us to acts of Obedience and this Law-obligation laid by God on man is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the Proposition of a practical Syllogisme made by Conscience 2. There is the Application of this Truth to our selves either as to our state or particular actions according to our own knowledge together with God's to judge of our Conformity or Non-conformity to the said Law-obligation and therefore concerning the goodness or evil of our Actions and here we take the Candle of the Lord in our hands to search out and examine our condition and actions in relation to good or evil and herein doth the chief nature of Conscience consist because it 's a submitting ourselves and actions to the judgment of God's Law and is therefore the Assumption of this practical Syllogisme and is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and is an Index Record Testimony Witness 3. There is the Crisis Inference or Conclusion necessarily deduced from the Premises and this is called the Judgment passed upon our state or actions Thus we have the whole Syllogisme which the understanding makes in this way of acting The Proposition is de Jure the Assumption de Facto the Conclusion is either a justification of person or action or it 's a condemnation of any of them found guilty § 7. The Synteresis is the light of Truth contained in the Law Nâ—eticè recepta sive practicum Axioma cum assensu intellectivo perceptum A light received into the understanding with assent thereunto or acknowledgment thereof as such A Law may be understood as to the matter of it but not believed as a Truth it may be known as a Truth but not owned as a Law yea it may be acknowledged as a Law but not yielded to as divine and authoritative enough to binde to Obedience yea it may be owned as a Law of God binding some people and at some times but not ourselves or at all times But unless the Truth taken for a Law be thus circumstantiated and so received by us it hath not force enough upon Conscience as a Law binding to Obedience So that Synteresis differs but ratione from the Law itself for it is the Law of God understood and yielded to as obliging unto practice and it 's not only the Law in its Letter and first Principles in its Original positive nature but in its aptitude to particular Cases and in its just Inferences and Consequences deducible from generals thereof all practical Truths pleading Divine Authority justly obliging us to belief § 8. That which stirs up the Understanding to compare Conditions and Actions with the divine Law in the assumption by a practical enquiry is a certain obligation which this Law-light hath the Heart of man under that it doth by a kinde of natural instinct act in the manner above-rehearsed which obligation is a necessity laid on the Understanding of owning and assenting to every known Law of God and thereby to make a practical disquisition and judgment accordingly The reason of this obligation lieth much in the necessity of the object And first the natural inclination the Understanding hath to every known truth as such but this is not
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
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
spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
and discouragement of Evil-doers 4. That in the faithful discharge of this trust they are Gods Ministers attending his work § 3. As the King of Kings hath given Magistrates their power so he hath set them their bounds of Government insomuch that they be not Plenipotentiary but are liable to the Law of the supream Law-giver which they may transgress in respect either of the Laws themselves or of persons subjected to them In respect of the Laws two ways in Law-making or Executing In Law-making these ways 1. When they presume to enact such Laws as directly cross any of Christ's Laws either the Law of Nature to enjoyn unnatural things or when he by his Law shall contradict the Moral Law or any Appendix thereunto Or lastly controul the Laws of Christ for the Oeconomy of his Church i. e. in making any Laws to obstruct the execution of Christs Laws according to his revealed Will. 2. He may transgress in Law-making by entrenching on the Legislative Prerogative of Christ either in respect of Moral Obedience or Instituted Worship or any Forms or Rites thereto belonging 3. In failing to Enact such useful and necessary Laws as are needful and requisite for the right ordering or management of the Common-weal or particular Subjects under his Dominion He may fail and transgress in Law Executing either in a slack or careless execution of good Laws or undue application of them or partial distribution of Justice by them all which is Injustitia or he may fail in too vigorous and extreme prosecution and so be guilty of Summum Jus which since the Fall is Maxima Injuria because there is no allowance or abatement for the natural failings and weaknesses of the Subjects obeying § 4. As he is liable to transgress as to Laws so also as to persons 1. By a partial Execution of Justice with respect of persons 2. In pressing the power of his Law further on persons than Christ ever permitted as in endeavouring to impose on Conscience and bring it into thraldom by forcing men to ambiguous Oaths Declarations or Subscriptions 3. When he useth his Power for the obstructing and hindering the Members of Christ in the use of those Priviledges or lawful Liberties granted them by Christ himself § 5. Whence it appears That the Civil Magistrates Jurisdiction is limited to the Civil State and to all persons and things considered in a Civil capacity And thus far he hath Power over the persons of Christians and particular Churches whilst Militant so far as they are persons and Societies laying claim to Civil Rights and Priviledges or capable of doing or receiving wrong and injury being men subject to Passions and Failures with the rest of Mankinde A Christian is subjected as hath been said to a twofold Jurisdiction Internal and External Internal respects the Jurisdiction of Conscience or God's ruling man by it and here is an impossibility of any third persons interposing between God and us The External Regiment to which a Christian is subjected is Political and that by God's Ordination is twofold viz. Of the Body Civilly Politick and Spiritually or Ecclesiastically Politick this is subjected immediately to the Ecclesiastical and Spiritual Gubernation of Christ alone the other iâ—mediately under the Rule of the Civil Magistrate Now the contest between these two Polities hath been the Original of most of the Trouble in the Christian World Since Christ's presence here on Earth it hath always been mans presumptuous Ambition to sit in his Throne more or less Sometimes Secular Dignities assuming to themselves Legislation in matters of Divine Worship whence hath arose so great Persecutions from Magistrates because Christ's Followers refused to betray or deliver his Prerogative into their hands and judged themselves bound to obey God rather than man Again sometimes usurping Officers in the Church pretending to a derived Power from Christ have assumed the place of Christ himself in and over his Church justling him as much as in them lay out of his Throne hence hath arose the Antichristian Vsurpation tyrannizing not only over Bodies Politick but over Conscience it self and as a just Judgment on Civil Powers which will not kiss the Son but break his bonds and abuse his Churches and Members have bin permitted by Christ to set their feet on the necks of Kings and Governours of the Earth the intolerable burthen the Earth groans under and hath done for many Ages and were they but removed each into its proper sphere i. e. were but the Churches of Christ eased of Civil Usurpations in some Nations and Commonwealths from Ecclesiastical in other and Conscience delivered from the rapes wrongs and injuries insolently offer'd to it from both the Christian World would become such a Paradise of Felicity that scarce yet hath bin since the Infancy of the Gospel-Church and without such reducement of the World to the due Liberties of Church and State we cannot enjoy that worldly Felicity which a good man is capable of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand A good man aiming at Felicity Would either dye or at his home live free CHAP. V. Concerning the Nature of Conscience § 1. Having thus far briefly enquired concerning the Jurisdictions a Christian is bound in Duty to submit unto viz. Christ's and Caesars and though he is conscientiously to subject himself unto both yet Christs Authority is to be preferred and he is to have his due in the first place because all others who derive all just and rightful Authority from him are limited by him and must give an account unto him Therefore we say with the Psalmist Give unto the Lord O ye mighty give unto the Lord the Glory due unto his Name And as commanded by Christ Seek first the Kingdom of God and the righteousness thereof c. § 2. The first thing then here to be done is to vindicate the Soveraignty of Christ both in the persons of particular Christians and in Ecclesiastick Bodies Politick in both which he hath reserved the Legislative Power to himself and never yet committed it to any other And first of his Power in Conscience and that it may the more clearly appear that Christ only rules in Conscience it is needful we a little explain the Nature of Conscience and then proceed to prove that the Jurisdiction of it belongs to Christ alone § 3. Conscience taken strictly secundum notationem nominis is a Knowledge together i. e. A mans knowledg of himself and his actions together with another who knows the same with him or as some think the knowledge of his Actions together with the Rule by which they ought to be squared and directed which knowledge must be placed in the Understanding of a rational Creature Mr. Perkins saith It 's a part of the Vnderstanding I had rather say it is Modus Intellectus for the Understanding acts per totum non per partes This is that Spirit of a man which knows the things that are in a man 1 Cor. 2.11
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or medium off cium quod cur factum sit ratio probabilis reddi potest Cic. off 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 10.23 an indifferency may become a necessity per accidens pro hic nunc and this is an expediency or non-expediency which cannot be properly a medium between a necessary thing and indifferent because every moral expediency is necessary in genere boni moralis pro hic nunc though not pro semper ubique § 7. Things have a Necessity of nature in them when they are so ordained of God the Creator of all things that they should be or do this or that to the compleating their being or welbeing in order to the accomplishment of that end for which he first introduced them and his command unto them the proper catholick rule of every art so to be and do is the law of nature which all natural agents under the conduct of respective Arts and Sciences do receive viz. what they should be what they should do and to what end they should tend all which are undispensable rebus secundum natucam aut regulas artis positis and unalterable by any but God alone and they are his Ordinances for the rule of Sun Moon and Stars c. given by God and cannot depart from before him Jer. 31.35 36. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if these Statutes be removed from before me hence all Creatures and things should according to their first constitution have kept their regular Motions to the best ends Supream and Subordinate and so all good though since the breaking in of the Curse upon the Creature for mans moral transgression there 's entred thousands of natural evils into the world so that nature hath swerved from its primitive course in many things and run in the crooked channels of disorder and confusion Hence natural indifferencies are such natural Actions Modes and Tendencies of the created beings which may be or not be without any prejudice to the common course of nature without any destruction to the esse bene esse or last end of the Creature As a man may be Tall or Short Fat or Lean of a fair or black Complexion So a Sheep black or white It may Rain or be fair Weather on this or that day The fuel of Fire may be Hay Straw Coal or Wood The Eye may look on this or that Object The Understanding contemplate this or that truth The Will chuse this or that good and infinite other varieties that nature sports itself in without any distraction or so much as wrong to the necessities of nature or breach of any of the Laws or Rules thereof § 8. Things or Actions are politically necessary or indifferent when they become necessary by subjection to some Law of Polity or indifferent by being void of limitation by that Law Political Necessities and Indifferences are either Civil or Ecclesiastical Civilly necessary are either when the things or actions themselves have an innate tendency to the order of civil Societies or the exercise of distributive or commutative justice flowing from the influence of the moral Law diffusing itself through all natural Consciences and becoming the very Veins and Sinews of Societies or when according to the discretion or prudential arbitrament of the civil Magistrate agreeing to the constitution of the Government a civil Law is enacted where it bindes is civilly necessary and that which it leaves unbound is civilly indifferent and neither good nor evil in respect of that Law Unto this Head may be referred Oeconomical necessities and indifferences of which we may have some such analogical understanding which I shall not now stay upon § 9. Some things and actions fall under a spiritual political consideration and are Ecclesiastical pertaining to instituted Worshp to the Government and Discipline of Christ's Body-politick which is his Church and these are Levitical or Evangelical Levitically necessary where such things which were commanded by the Ceremonial Law the revealed Will of God for the order and manner of his instituted worship in the Jewish Church under the Pedagogy of Moses Levitically indifferent where those things that were left undetermined by the ceremonial Law might be lawfully done or not be done according to discretion § 10. Things or actions Evangelically Ecclesiastical are also necessary or indifferent Necessary when they have a determination of political good or evil laid on them by the Law of Christ for the management of the affairs of his Church under the Gospel Things in respect to the Church-constitutions are also indifferent when they are not declared by the Law of Christ to be of any necessary concernment to the being or well-being of the Ecclesiastical Polity All Ecclesiastical Institutions are founded on the Moral Law but are distinguished from the Moral Precepts by the name of Instituted Worship because God ordained the Moral Law to be a rule of Obedience under all the ages of his Church but Christ hath reserved to himself the prerogative of altering instituted Worship at his pleasure as it shall appear to his wisdom to be more agreeable to those several ages and great ends that he designes the attaining of by the Oeconomy of his Church Militant in the world and the great and principal change that he thought good to make was when he changed his Church-discipline from Oeconomical to National and from National in one Nation to particular Congregations in all Nations whither his Gospel should be dispersed This last change of instituted Worship we are under and it stands constituted by the Laws of his own promulgation by himself immediately when here on earth and by his Apostles after his Ascention inspired with his Spirit extraordinarily commissionated by his Authority From under this last Ecclesiastical Constitution we must not we dare not start till his second coming the date of its continuance being fixed by himself CHAP. X. Some plain Propositions concerning things Necessary and Indifferent § 1. HAving thus briefly described and unfolded all sorts of Necessities and Indifferences requisite to our purpose and ranked them to several Heads that we might not be mistaken in the following Discourse when we speak of any of them distinct from the other We judge it now convenient in the first place before we come to argue the matter in controversie to lay down a few general Propositions to the intelligent Reader whereby the nature of these things will further and more clearly appear 1. No created beings or actions had any thing of moral necessity or indifferency antecedent to a moral Law for where there is no Law things cannot respect it as good or evil and if the two extreams cannot be without a Law neither can the middle be in respect to the said Law and if some things are not made morally good or evil by commanding or forbidding other things cannot be morally indifferent as to good or evil 2. Though things have no indifferency antecedaneous to a Law and without respect thereto
in their circumstances and therefore cannot be determined but pro hic nunc and must be liable still to no other judgement than that of Discretion Those things that Christ hath left under it cannot by humane Laws be removed from it therefore indifferent things may be agreed on by common consent in Congregations or by the Officers thereof according as the expediency or conveniency appears unto them and for so long and no longer Hence they cannot undergo the Title or Denomination of a Law but onely of prudential Rules which have no binding reason for observation but the continuance of the agreeing circumstances as it may be judged most convenient by the Church to assemble at such an hour so long as the days are of such a length but when that circumstance alters then it may be more convenient at another Many such instances may be given and no Church can walk comfortably as long as any Authority undertakes to prohibit them of this liberty of their Prudentials in all such matters of circumstance and alterable appendixes to the worship of God CHAP. XII Wherein is handled the first Question about things Indifferent § 1. THe first Question that seems to offer itself to be so this Whether a religious Gospel-Indifferency ceaseth to be so when any thing is positively and certainly determined as to its practice by humane Authority Explic. By religious Gospel-Indifferency I understand as before-mentioned any thing or action which circumstantially adheres to the worship of God and may be used or omitted or altered according to the judgement of discretion without any transgression of a Law of Christ Again this we acknowledge that a thing may be determined as to Expediency by a Society or lawful Authority but not imposed as a standing and binding Law but being commended by the judgements of many concurring conscientiously studious of the minde and will of Christ it carries the more force along with it to perswade us at least to present acting till by further and greater illumination we be otherwise enclined Nay if any thing be determined by those that are in Authority and proposed as their judgement according to their light received not Magisterially but Demonstratively onely convincingly enough as to the Expediency it carries with it the force of a Law unto Conscience not of man but of God man being a Candlestick onely to hold forth that Light and binds it to submit thereunto But otherwise if men in authority undertake to make a Law that a thing in itself by Christ's Law left indifferent i. e. to Christian discretion to do or omit shall become an absolute necessity or an expedient necessity and according to their will and opinion binde Inferiours to the constant practice of this by a penalty We affirm that a religious Gospel-Indifferency notwithstanding all humane authoritative determination changing it into a necessity keeps its pristine indifferency and remains the same to a Christians Conscience and practice The proof of this Assertion follows § 2. Argum. 1. That power that can change Gospel-indifferencies into Gospel-necessities can also change Gospel-necessities into Gospel-indifferencies but no humane Authority can do the latter Ergo not the former The Assumption will not be denied by any Protestant it being a presumption of the highest nature for humane authority to pretend to dispense with or null any of the manifest Laws of Christ The Major is also evident because it must be an Authority of the same kind to make and null a Law of the same kinde If it be said a humane authority may make a Gospel-indifferency necessary genere civili the Answer falls far short for we speak of Laws of the same kinde having equal force upon the Conscience for a Civil Legislative power can as well null any Law of a civil nature onely as it can make it So if Man could make Moral Laws he might as well null those which he hath made or dispense with them at pleasure as make new We must always allow a Soveraign Prerogative to Supream Law-givers in any kinde as to promulgate so to abrogate or dispense with their own Laws at pleasure And if it be said that those Laws that man makes concerning the use of indifferent things necessarily in the worship of Christ are civil onely being onely for decency splendor c. I reply that it cannot be so in the nature of them for it 's the respect and end of a thing that gives it its specifical denomination when it hath none such absolutely considered that which respects and aims at the Gospel-worship of Christ or pretends so to do is or should be a part of Gospel-worship as kneeling is an indifferent gesture a man may kneel when he doth other things besides acts of Worship or according to the Law of Christ he may kneel or stand or use another posture in Worship but when this or that gesture is applied to Worship it 's religious by its Respect Vse and Application but still of an indifferent nature under the Laws of Christ till by some binding Law the Conscience becomes bound up to the use of it in this or that part of Worship Now he that undertakes to binde Conscience here undertakes to make a Law for Christ and to entrench upon the Prerogative of Christ and that such that make such Laws do claim such a power is manifest because they make obedience unto such Laws necessary by vertue of a Law of Christ Let every Soul be subject to the higher power § 3. Argum. 2. If the nature of an Evangelical Indifferency may be changed jure into an Evangelical Necessity by any power besides Christ's then it must be because it 's Evangelically evil that this or that should remain indifferent which Christ hath left so or at least better for the honour of Christ and good of his Church that it should become a necessity i. e. a commanded good or prohibited evil than indifferent to be disposed by the discretion of particular Churches or Christians but there is no true Evangelical Indifferency that hath such a reason for the change of it into a necessity Ergo the reason of the Consequence is this because whatever is altered by a Law is supposed to be altered from worse to better and what is altered by a Law for Christ is or should be made more for the honour of Christ and therefore far better than it was before but it cannot be supposed that any thing that this wise Law-giver left in indifferency to practice or omit according to the judgement of discretion should be more for his honour if it were converted into a necessity by a Law for to say so would be a high impeachment of the wisdom of Christ as it is of a King and Parliament when any shall presume to say they have not made such Laws as are needfull to be made and have left the Subject under a greater liberty than is for the good of the Commonweal or honour of the King To say
will upon false supposition allow the Popish Constitution or something like it As for Oecumenical Councils we see what insuperable difficulties have attended the calling of them in all Ages the just grounds of Exceptions in many things of the Determination of doubtful cases in Doctrine and in almost all they have done in their pretences to a Law-making Power in matters of Church-Order and Discipline We have not any ground to believe that Christ hath entrusted any Officers of his Church with a Catholick Power since the Apostes days and such as have pretended to it have always bin opposed by the purest and most reformed part of the Church and whatever mens attempts be or may be they will never finde a Catholick Ecclesiastcal Power here on Earth without a new manifestation of the Son of Man which can exercise such a power of changing Indifferencies into Necessities by a Law wherein the Minds and Consciences of particular Churches and Christians will or may rest satisfied to submit unto in active Obedience It 's as irrational to affirm that Christ hath committed such a power to particular Churches i. e. of making binding Laws Sub poenâ for other Churches or for their own Members or Churches subordinate to them not for other coordinate Churches will they say Christ never gave coordinate Churehes a coercive Power one over another for then all would aspire to Rule and none be Ruled for the power would belong to one as well as another And if any say as the Papists do that Christ hath advanced one Church in Dignity and Jurisdiction over all the rest let them prove it to the conviction of any intelligent Christian and they will do more than the Papists have done ever since their pretence thereunto But it will be pleaded by the Protestant party that Christ hath entrusted every particular Church with this power whereby it may determine of indifferent things of her own practice To which we answer 1. That Christ hath given no Legislative Power to any Church 2. A Judgment of Discretion to walk by the Rules of Expediency is no more to be denied to particular Churches than to particular Christians But for all this Judgment of Discretion Indifferencies loose not their nature though they may be necessary pro hic or nunc in these or those circumstances and are and must stand capable of dayly Alterations as the case shall require and a particular Church may determine of this or that part of the Indifferency as most expedient and so long as the Reasons thereof last it may be in some measure binding unto particular mens consciences but the Reasons ceasing the continuance of the Canon in force in foro Ecclesiae will binde no mans Conscience yea every one will complain of it as a needless Imposition neither will any noble-minded Christian be a Servant to the Wills and Humours of Man or sell the Birth-right the Liberty that Christ hath purchased for Pins and Points neither is it a sufficient Rule for Discretion to walk by because the Church commands and gives no Reason from the Law of Christ for it Besides What Church hath this power committed to them a Parish a Diocess a Province No 't will not be granted of either of them The great Assertors of this Power will say That it belongs to every National Church to make Laws in matters of Indifferency and so ordain their own Ceremonies This is an Assertion that introduceth a whole herd of Absurdities with it For first What is the great end pretended of such Laws but the making of Vniformity in the Church What is more destructive to it than this that every particular Church should be Independent and make Laws within themselves whereas one will ordain Ceremonies of one kinde and another of another and there will be as many sorts of Ceremonies as there are particular Churches Is not this the great exception against the Dissenters from Prelatical Churches that the particular Pastors of each Congregation set up for themselves and Exercise Jurisdiction within themselves without dependence upon any Superiour Power There is no avoiding it upon this Hypothesis but National Churches must be reckon'd Independent Churches 2. Did Christ commit any such power to any such Churches on Earth 3. Again If National Churches may exert such a power then they may make binding Laws to all Subordinate Churches viz. Provincial Diocesan Parochial and if so then for this Reason because they are more comprehensive Churches including the less Then by the same Reason the most comprehensive Church viz. the Catholick should give Laws to the National and for a greater and more eminent end viz. to promote an Vniformity Catholick for if a National Vniformity be so splendid and so much conducing to the bene esse of the Church then a Catholick much more § 4. Argum. 3. To make a Law contrary to the revealed Will of Christ is unlawful and Sinful But for the Church by a Law to change Indifferencies into Necessities is to make a Law contrary to the revealed Will of Christ Ergo. The Major is granted for these Law-makers say they do not by their Laws establish any thing contrary to the revealed Will of Christ for hath he any where forbidden such Ceremonies We proceed therefore to the proof of the Minor If all Necessities in the Worship of Christ be made so by Christ's Will revealed and all Indifferencies become such because they are not restrained under Christ's Law then they are so because Christ would have them to be so For a Christian can take no measure of Indifferencies but by the Law of Christ for he cannot know them but by knowing the Law binding unto Necessities by Commands or Prohibitions So that Indifferencies are made so by the revealed Will of Christ as well as Necessities and the same Law that makes the one thing a Necessity makes another an Indifferency and Christ in his Wisdome sees it best for his Gospel-church that it should be so and he that undertakes to make these indifferent things necessary enters upon a high presumption no less than the altering the moral Nature of a thing constituted by the revealed Will of Christ and what is this less than making Laws contrary to the said Will of Christ That is only necessary in the Worship of Christ which he hath made so and that indifferent which he hath left so by his Will an Indifference in his Worship is no other than something not necessary in his Worship for there is no medium they are adversa Therefore he that wills something to be necessary which Christ willed not necessary doth will something contrary to the Will of Christ by all Rules of Logick and right Reason in the world I know it will be answered That they do not alter the nature of the thing it remains as it was but this or that determination for practice is to be obeyed when it is commanded as the Father commands a Child to take up a Pin it 's an
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
3. He never ordained that force of Arms and Penal Laws should be the way of propagating his Faith 4. Forced Faith is neither pleasing to Christ nor profitable to us for indeed it 's no Faith at all A force may lay hold of the Outward man but it cannot make the Understanding to believe that which it sees no reason for to believe no more than the Senses in the natural state can be forced to own things to be contrary Objects as the Eye to own white to be black the Taste to own that for sweet which is bitter c. § 15. Eighthly No civil Magistrate can impose a form of the Worship of God by a Penal Law 1. Because he cannot receive into the Church nor cast out of it at his pleasure 2. If he could then the Subjects form of Worship must be such as the Magistrates for if it be justifiable in one Magistrate to enforce his Subjects to a form of divine Worship because he thinks it best then it 's justifiable in another If the Episcopal Magistrate may jure enforce his form of divine Worship then the Popish Magistrate may enforce his form and the Presbyterian Magistrate his form and an Anabaptist his form and every form must become lawful and necessary to be practised because the civil Magistrate commands it for we must not suppose any one Magistrate as such to be more infallible than another and so upon every change of the supream Magistrate of a differing Perswasion the Peace and Consciences of the most religious people must be wracked and torn in pieces Again it 's the most irrational thing in the world to force a man to serve his God in such a way as he conscientiously judgeth or supposeth to be displeasing unto him Likewise if the form of Worship imposed by the Magistrate be pleasing to Christ his imposition cannot because there cannot be a readier way to the prophanation of the holiest things than to force them to come to them that are not onely wicked and prophane in their lives and corrupt in their hearts but such as are professed Enemies unto them and would have nothing to do with them but to save themselves from the smart of Penal Laws and the best of such persons that make a more plausible compliance can be no Better than Hypocrites that the Law being removed their Religion would be dissolved § 16. Ninthly As the civil Magistrate cannot enforce his Subjects to Particular forms of real or supposed instituted Worship so he cannot enforce them to positive acts of moral divine Worship As 1. We finde no Precept or Example for forcing a poor Pagan to the Worship of the true God and for whipping imprisoning or any other way afflicting his carcase by a Penal Law because of his not worshipping the true God To punish a poor Jew till he would acknowledge Christ and worship him would seem hard 2. And among such as do own the true God the Magistrate cannot punish omissions or refusals of acts of positive Worship As for instance in Prayer the Magistrate cannot enforce a man to pray to his God and punish him for not doing it These are things though sins and that of the highest rank yet such as God intended the Sword of civil Justice should never reach There is in every Command of God a prohibiting and prescribing part The sins against the prohibiting part is the doing some act forbidden by the Moral Law and here usually is the place for the execution of a Penalty by the hands of humane Justice Punishable sins by man are commonly acts of Commission and such acts must be apparent not secret brought before the Judge per allegata probata and they are usually criminal direct breaches not consequential dubious and small I know there lies an Objection against this which is That a Father may correct a childe for not doing his command and so a Master a servant Answ It 's granted and so will God punish the children of men for all omissions of their duty He that knew his masters will and did it not should be beaten with many stripes Then there is a great difference between the constitution of a State-government and of a Family-government In a Family a Father being a natural Relation hath so far as his power goes a more Arbitrary way for the management of it as he can correct his childe upon his mere suspicions of evil in him or refusal of good without positive proof so for omissions in not doing his duty and so for servants the reason is because it 's supposed children and servants are under tutorage as well as bare government and therefore must be kept up to positive acts of duty being under education of Parents and Masters But it 's not so with Subjects they are subjected to a Magistrate for another end viz. in order to the maintaining the due execution of Commutative Justice and in case of the failure thereof of distributive and all things are to be brought before the Magistrate by evidence of matter of mere fact and accessories thereunto God hath not required that Laws should be so distinct and express in a Family as in a State the government of a Family being for the most part discretionary if an eye be had chiefly to the general Rules of God's Word though Omissions of some kind come under the cognizance of the Magistrate it 's principally in cases of commutative Justice when such Omissions are injurious to our Neighbours right but those are not reckoned criminals § 17. Having had some short view of what we judge upon good grounds comes not under his inspection as a Magistrate we would consider a little in the next place how far a Magistrate may go in using his Magistratick Sword in matters of Religion We have shewed that matters of Religion taken in a more limited sence of Faith and instituted Worship in the Church of Christ are not within the circumference of the Magistrates Penal Laws But if we understand matters of Religion in a larger sence then we mean that all States and Societies of men ought in a Christian Commonwealth to be religious i. e. the Moral Rules of Justice should be the foundation of all Justice administred in the Church Civil State and Family and each of them ought to have a main respect to every branch of the Moral Law and adjudge the breaches thereof to be sin and each Polity to punish it according to its merit so far as is allowed by the Charter of Jurisdiction from the Lord Jesus Christ Exemp gra Suppose Theft be the sin the Parent can correct his child with the Rod the Church punish him with a Censure and the State by some Corporal Exemplary suffering Though the Transgression be the same and justly punishable in all yet the punishment is not of the same kinde but various under the different Jurisdictions § 18. We say then if religious matters be understood of that moral goodness fundamentally necessary to
to walk In Gal. 6. he speaks in the verse before of indifferent things Circumcision availeth nothing nor uncircumcision but the new creature and as many as walketh according to this Rule What Rule is that It 's this To put no stress on things indifferent but upon those that Christ hath made necessary to salvation for preserving the life of the new Creature So in Phil. 3.16 so far as we have attained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where it 's to be understood of the one Rule of the Gospel or System of Rules in things necessary for our practice by the special appointment of Christ and so far as Christians have attained to the knowledge of this Canon we are to walk Whence I gather that walking according to Order is in the practice of Canonical Obedience to the Rules of the Gospel that is in a due submission to and practice of all the Ordinances of the Gospel without distraction and confusion God being the God of Order and not of Confusion § 6. Decency and Order is either Civil or Religious by Civil I mean such as are of civil use merely or such rites and modes of action as are used in civil affairs Though these may have a moral and therefore religious foundation yet their Objects Intendments and Circumstances being chiefly Civil and the moral foundation from the second Table we call them Civil and distinguish them from religious Decencies And these are such as have their foundation on the first Table and have God for their Object immediately and manifest End being ordained for spiritual intendments and purposes and therefore external Notes of internal seriousness reverence and consideration of God's Presence Honour and Worship according as revealed and required of us in the Canon of his holy Word And though the mode and order of Actions and Gestures may be the same materially that we use in civil Decencies and Order yet the appropriation being to contradistinct Objects and their purport and designe of the said Actions and Modes thereof they are justly reputed of another nature and receive contradistinct Denominations § 7. Religious Decency and Order is either of merely Moral or of instituted Original Moral and therefore called Natural and instituted Worship are usually and aptly opposed for such as are of Moral Original are comprehended in or directly deducible from the precepts of the Moral Law as all reverent and humble gestures of the Creature before the Creator such as standing kneeling prostration c. which for the most part are onely generally propounded so far as they may hold forth a proportionate external indication of the solemnity of our Undertakings neither may they become any more definite by mans Law than God himself hath determied As for Example No man can make a Law to tye us up to any particular gesture in Prayer as to kneeling standing c. because God hath left it indifferent to a Christians election to govern himself by the Rules of Expediency so he have a respect to the general Obligation viz. that it be such as is reverent and becoming our attendance on God in such an Ordinance § 8. Decencies and Order belonging to instituted Worship are separable from merely moral Worship and required by some more special Commandment of Christ in the disciplining of his Church and they differ as the Oeconomy of the Church doth The Levitical Oeconomy made Levitical Decencies and Order necessary in mode and manner of the Jewish Worship then required in those of Offerings Sacrifices Buildings Gestures Vestures Washings all which as shadows vanished and were actually abolished with the whole substance of the Ceremonial Law when the Body approached And therefore to introduce into Gospel-worship Modes proportionate and adapted to Mosaical Services viz. Priests Ephods Altars Sacrifices c. is contrary to the revealed Will of Christ and an implicite denial of his being come in the Flesh § 9. The Levitical Oeconomy with all its Appendixes being abolished the Evangelical takes place which are determined by the Law of Christ as to the more and less substantial parts of Worship And that we may be distinct about Gospel Decencies and Order we must know 1. That all merely moral Decencies are in force under the Gospel and needs no other Law to ratifie them than the Law of Christ which hath always continued the moral Law and its due circumstantial Attendments under all changes of instituted Worship 2. All Levitical Decencies and Order are abolished by Christ's coming when his Ecclesiastical Oeconomy was changed 3. All Evangelical Decencies and Order as womens being covered and keeping silence in publick Assemblies and such as concern the Word and Sacraments are sufficiently determined by Christ by the precepts or practice of himself Apostles and Primitive Church that we need not betake our selves to Rome or any other pretended Law-making Church to fetch new Prescriptions in order to the compleating of the Worship of Christ And whereas present Innovations of our Pretenders are pleaded for from the Primitive practice I say no more but this that when the Evidence of that Practice appears from God's Word we will not scruple the imitation but being imposed upon us by Tradition mostly through Antichristian hands or at best by very fallible and inconsistent History and if in many things true as to matter of fact yet we finde them not justified by Sacred Authority we dare not assent and consent unto them § 10. Now if the Church knows of any more Decencies and Orders needful to be used under the New Testament and those that are of moral intent confirmed by Christ or Evangelical of his last Institution then let her plead and use her Legislative power if she have any jure in establishing the same and if any shall or doth think notwithstadding that it 's needful to establish new decencies of humane invention by church-Church-Laws we shall still proceed further to evince the contrary § 11. If decency and order be strained to the largest acceptation in the New Testament's sence they cannot be pretended to be any other than Evangelical decency and order comprehending all moral and instituted decency and order which Christ hath appointed to be used in his Gospel-Church else how should it come to be so for that onely is Evangelical which Christ makes so and calls so every mimical Gesture and antick Vesture that any brainsick Church-man or carnal Priests and Prelates or any Convention of them shall devise and christen with the name of Decency and Order is not Evangelical The Rules and Forms of Worship and Discipline which Christ hath left to his Church are comely grave decent and orderly enough without any additaments and amendments proceeding from mens corrupt fancy and interest § 12. And that it 's not lawful for the Church to make Laws to establish more decencies in the Worship of God than Christ hath appointed or allowed we have proved already if they undergo the lowest consideration as matters of Indifferency I shall onely adde a
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
no place by subjection i. e. yielding to their imposition no not for an hour that the truth of the Gospel i. e. true Gospel-liberty might continue with you whereas before he yielded to the Circumcision of Timothy to gratifie the weak real Believers Whence it plainly follows that whoever they be that endeavour to enthral our Consciences and Practices though in matters in themselves indifferent are not to be yielded to as weak nor subjected to as strong but rejected as false Brethren 2. The strong sincere Christian is not to violate any positive Law of Christ that he is in his Conscience perswaded of to gratifie the weak or any persons whatever Inferiours Superiours or Equals all the concession must be onely in matters in themselves indifferent neither should the weak offer violence to his Conscience in any thing to please the strongest and wisest Christian in the world CHAP. VIII Of Scandals § 1. HAving spoken of the strong and weak Christian and how they should walk one towards another inoffensively it will be necessary to understand a little the nature and kinde of offences which the Gospel gives us so frequent and strict warning to take heed of The Apostles great inference from the advice that he had given to the Strong and weak was by way of advice Rom. 14.13 Let us not therefoee judge one another any more but judge this rather i. e. determine that no man put a stumbling-block or an occasion to fall in his Brothers way 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inter se differunt sed non semper 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 leviorem offensam significat quā tamen aliquis non corruat ut supra 11.11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vero graviorem declarat ex quā quispiam prolapsus claudicet Beza and most Interpreters go this way but Estius who saith Non disting inter offendiculum scandalum sicut inter lapidem offensionis petram scandali Rom. 9.33 nam hujusmodi repetitiones ad inculcationem eyusdem rei Scripturis familiares sunt Estius There is two words used but both seem to intend the same thing though some make them differ in degree A Scandal is any impediment or obstruction that lies in a mans way over which he may stumble or fall So that we take a Stumbling-block or occasion of falling for the same thing any thing that doth grieve trouble distract or turn aside carries the nature of a scandal with it and those we must distinguish according to degrees There are the greater and more dangerous that hazard falling and there are those of a lesser nature that hazard stumbling onely They differ onely in degree or in respect that they have to our state or particular actions and concerns Some of more dangerous consequence and some of less Some are more easily removed out of the way some more permanent and lasting As if there be any difference in those expressions a stone of stumbling and rock of offence it lieth in that the offending Stone is easily put aside but the Rock is immovable § 2. Offences are said also to be either such as are given and not taken and in this sence some places must be taken as Matth. 16.23 when Christ said to Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou art an offence to me in endeavouring by thy advice and evil counsel to turn me out of the course of exercising my Mediators office Not that Christ was stumbled but there was such a thing in the nature of Peter's advice in relation to Christ's work that he had to do Some offences are taken and not given i. e. it 's not in the nature of them to be offences but by reason of the corruptions of men by their abuse of the greatest good it often becomes a scandal to them so Christ himself was a scandal to the Jews and a Rock of scandal as well as a Stone of stumbling Rom. 9.33 1 Cor. 1.23 How many when he went preaching about were scandalized at him and at his Doctrine Matth. 11.6 ch 15.12 ch 26.31 This is a supposed scandal to him that is offended Thus the doing of the most justifiable action may undergo the disreputation of an offence when men will either perversly call good evil or interpret it as evilly intended or by reason of ignorance and weakness of judgement judge it so and thus Christ himself and no marvel if the best of his Members be not a scandal many times in their most commendable ways of walking unto the men of the world yea unto many weaker Believers their liberty becomes a Stumbling-block to the weak 1 Cor. 8.9 and a mans good is blasphemed or evil spoken of Rom. 14.16 there are many that will be offended captiously and deliberately and they are the profane men of the world that call Christ Beelzebub and his Disciples no better or the pharisaical Professors The Disciples told Christ Knowest thou not that the Pharisees were offended when they heard these sayings Matth. 15.12 Christ answers That every plant that his Father had not planted should be rooted up Let them alone they are blinde c. therefore no marvel if they bark at the Sun c. These unjust and unreasonable offence-takers are the greatest offence-givers who do truely offend Gods Children in all sences more than the prophane world so Joh. 6.60 61. § 3. An offence given is when a man or thing hath an innate just ground of scandal by relation to the moral Law and is no other than sin or sinful per se in se whatever other mens opinion of it be and therefore works objectively upon others by way of stumbling and scandalizing and they are two sorts on whom it operates this way Either those that behold this action with approbation and they stumble or rather fall in the worst manner thereby for they thereby are encouraged to fall into sin or to remain in sin by reason of it because of the great inducements that they take up from the person committing it his Holiness Wisdom Authority Age c. or those that behold it are grieved at it and at the person offending so as to censure his Person or Religion and provoked by some ways or means to manifest their great disgust not onely to the person offending but even to the world Hence I distinguish Offences into Grieving and Sinning or Grief-causing offences or Sin-causing offences § 4. Of the grieving Offence first and it 's that which tends to the afflicting and troubling the Mindes Hearts and Consciences of the Faithful in their Christian course and the offending party either wrongs and injures by acts of violence and oppression whereby he grieves the oppressed or else he does and persists in such actions as the offended judge unlawful And therefore from true principles of the love of God and his Brother and the hatred of sin he is much grieved and walks heavily to see his Brother walk disorderly and complains of this block laid in the
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
West or wear this or that Colour in the Worship of God c. thousands of instances may be given We speak not here of natural civil or moral Liberty there 's no doubt but a Christian as a man may claim as much of that as another and hath as much Law-obligation as to precepts of practice but the matter under debate is what the Evangelical Liberty of a Christian is in the transaction of the affairs of Christ's Kingdom § 3. A Christian's Liberty is not a boundless and lawless Liberty in those things wherein he is most free but hath its special limits and bounds set unto it by Christ in certain Rules and Precepts generally prescribed by him to which all his actions may be reduced either as to the substance of them and so fall directly under that Law or to the general circumstances and so are subject more remotely Hence there are no actions that a Christian doth of religious concernment that are compleatly indifferent but hath aliquatenus rationem boni aut mali § 4. The Spirit of God if I mistake not sets a double bound to Christian Liberty viz. Moral and Evangelical 1. Moral in that Christs Law allows none the liberty of committing moral transgressions it owns ratifies and confirms all moral Precepts Prohibitions or Permissions and none may use Christian Liberty as occasion of licentiousness Gal. 5.13 1 Pet. 2.16 2. The Evangelical bound to Liberty in matters left by Christ indifferent is Expediency by which a thing that is substantially indifferent may be relatively and circumstantially necessary pro hic nunc and becomes bonum aut malum contingens aut respectivum and that is medium officium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when a thing lawful in itself becomes unlawful the rule is plain 1 Cor. 10.23 28 29. therefore 1. All actions and therefore indifferent must be directed to the great and general moral end of Gods Glory 1 Cor. 10.31 Rom. 14.6 a man may eat or drink or wear this or that thing indifferently so that it be to God's glory keep a day or not keep it chuse this or that time to pray in for the same ends And hence Election is to be made of indifferencies according to their more or less tendency or aptness to accomplish that great end 2. A second end but subordinate in expediency to be respected is edification of our selves or others 1 Cor. 10.23 and that which respects neither of these ends with at least some tendency is religiously vain as wearing one colour more than another religiously in the worship of God and in one part of worship more than another what doth this conduce to edification by which way if any it should be sublimed to God's glory and to bring vain oblations to God in his worship is abominable to him in all ages of the Church § 5. God hath not by Laws determined particularly all the cases of a Christians Conversation but left many to the management of the judgement of discretion by the rules of expediency which is a skill of discerning between good and evil Heb. 5.12 and between good and better Discretion is the highest pitch of practical Judgement which although it be guided by general rules for attaining the great end yet it takes its particular measures very much from former experiences and the sight of various circumstances and occurrences and accordingly it judgeth what may be more or less expedient in all actions and though in themselves they are indifferently referrable this way or that way yet by that time they are reduced into practice by a Christian's spiritual Reason and Discretion acting from senses exercised Heb. 5.12 there is manifest good or evil at least relative discovered in them or at least put upon them by the said general ends and rules of walking § 6. As strength appears most in the management of a man's self according to the rules and observances of discretion so weakness in the failure hereof is most discoverable and by an accumulation of these little failures a Christian doth exceedingly miscarry and Profession becomes very much disparaged § 7. Hence indifferent actions may become offending grieving and scandalizing unto others by reason of some external accident temporal or local respect and so may be unlawful by the rules of expediency for that which certainly is not expedient is unlawful though degrees are to be admitted in this case § 8. As the scandalizing others is a mischief that makes an indifferent action unexpedient so also the betraying our own Liberty Paul in his acting kept a watchful eye here when he found that some designed by an indifferent thing to bring him into bondage he gave not the least place to them as in the matter of the Circumcision of Titus Gal. 2.3 4. We are to stand fast in our Liberty and not to be enthral'd in bondage though it be but by the doing an action in itself adiaphorous § 9. Whatever is not of Faith is sin and the necessity of every action or forbearance must appear to every mans Conscience that he may do or forbear believingly in all religious concernments therefore all absolute necessities must be bound on his Conscience by the knowledge of some Law positively commanding or forbidding And all relative necessities i. e. indifferencies circumstantial must arrive at Conscience with their Expediencies which must be the ballance of Election in things equally good in themselves their comparative goodness must be respective or evil must make some appearance to the judgement of discretion and a Christians freedom in the exercise of the said judgement according to the several cases he meets withal is his Liberty which Christ hath purchased and a Christian cannot be deprived of jure by any Exotick Law § 10. Where things are absolutely indifferent and there is no apparent respective difference between adiaphorous things it 's a Christians liberty to take the one or the other he sins not against any rules of Expedience in taking either for both are lawful and expedient enough neither do I know why any additional Law should make him a Transgressor in chusing or refusing of either in matters of Religion for an action or thing may be equally lawful and expedient morally which for some other reasons may not arising from Nature his own inclinations or some other small attending circumstances of which it may not be fit to give an account to any humane Authority as the Transgressor of any Law § 11. As particular persons by the rules of Expediency may judge of things indifferent to prefer one before another according to their respect to know precepts or to chuse one before another arbitrarily where there is no difference in compared respects So particular Churches and Congregations have the liberty of using their judgement of discretion in matters of indifferency and are to walk by rules of Expediency for Time Place and external Accommodations but cannot make any binding Law to themselves or others because those things are alterable
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
indifferent thing to take it up or let it alone but because of the Fathers command he is bound to do it Ans It 's true because there is a command of Christ that enjoyns the Child's Obedience in all lawful things and therefore upon the Fathers command it becomes necessary that the child yield Obedience but this is but a command for one particular action and therefore under Expediency If the Father should make a Law that one child should pick straws all his days and another play at push-pin such Laws would become null in the nature of them but there is nothing more absurd than to affirm that they alter not the nature of the thing for what can alter it more than to lay it under a Law when a thing was indifferent unto practice before to make it necessary as to practice when it was lawful before to make it unlawful We have shewed that Necessities and Indifferencies are but relative in respect of the Law and he makes a Law that gives things contrary relations and respects to what they had before alters the nature of the thing as much as a Law can and makes one Law contrary to another Men do but trifle that plead that things are not made necessary in the Worship of God when the practice of them are enjoyn'd under the greatest Church-penalties what 's greater than Excommunication yea pecuniary Mulcts Imprisonments Deprivations c. yea and Offenders against the Laws persecuted with greater rigour than those who live in the constant and open Transgression of Moral and Gospel-Precepts § 5. I may take another very plain medium to prove the Minor thus He that makes a thing unlawful either to be done or left undone which Christ hath made lawful by his Law doth that which is contrary to the Word of God but he that changes Indifferencies into Necessities doth so There is nothing more plain than the Major for to make a thing unlawful c. Lawful and unlawful being contradicentia and he that by a new Law renders that unlawful for my practice which Christ's Law hath rendred lawful doth a thing e Regione contrary to the Law of Christ For the Minor it s as evident for by the Law of Christ the indifferent action was lawful for me to do or omit as to eat such a sort of Meat or keep such a day or wear such a garment but there is a new Law of the Church comes which now makes it unlawful for me either to do or not to do those things for he that makes a Law binding always to the practice of either part of the indifferency makes the other part unlawful which antecedaneous to this Law was lawful Now the Church of Christ cannot make that unlawful which he hath made lawful for they may as well make that lawful to do or omit Again If the Church may make that unlawful which he hath made lawful then she may take away the Relative Goodness that is in any part of an indifferent action by the Rules of Expediency and stamp upon it a positive evil which is contrary to what Christ hath done c. Again Nothing can be Ecclesiastically and therefore Religiously unlawful which is not made Ecclesiastically and Religiously Evil and nothing can be so Jure but by the Will of Christ no more than any thing can be Ecclesiastically good and necessary without the said revealed Will of Christ § 6. Argum. 4. The Church is not capable of a Law-making Power Ergo. I prove it thus He that cannot jure or de facto annex a Punishment in some measure correspondent to the nature of the Offence that will be committed against that Law cannot make such a Law as if a Corporation under the King makes a Law to hang or burn in the hand for some Offence which they have no power to do then that is null The Major is very plain But the Church cannot de facto or at least de jure Execute such penalties as are correspondent to her Laws for they being Ecclesiastical are of a Spiritual nature belonging to the Worship of God and therefore the Lawmaker will still have the first stroak of his Law fall upon Conscience by binding it under guilt where was ever any truely enlightned Conscience ever bound under guilt for transgressing a mere Church-Law in matters of Ceremony Secondly They cannot de Jure annex and execute the Penalties of Exclusion from communion as Christ never made a mere Ceremony the condition of communion so he never threatned the Non-observation with Non-communion Let any Precept or any Instance be given of this nature that any suffer'd Church-censures under the New-Testament for Non-observation of a Ceremonial Law Thirdly As for other Penalties which we call Secular as Whipping Imprisoning Fining Confiscating we know the Church hath nothing to do with them they were never in the power of the Church nor never will be § 7. Argum. 5. That Law which directly and unavoidably hinders much good and causeth much evil in the obediential Subjection thereto ought not to be made by the Church but to change religious Indifferencies in the worship of God into Necessities doth so Ergo. The Major is undeniable for though a good action may per accidens hinder some other good and cause some evil yet it doth not so directly and in its true constituted nature but good actions produce good effects as evil actions evil So the Tree is known by its Fruits The Minor that such a change works such ill effects is thus proved 1. Because it hinders the most expedient use of an action left by Christ indifferent to be determined by the Judgement of Discretion whereas the Expediency by Christ's prescript may lye in the contrary part of the action wherein a goodness is placed by the Churches Law and an evil placed in that part of the action wherein there is a goodness by Christ's So that the Churches Law cannot have universal Obedience yielded to it without sin because when Christ's expediency falleth on the part contrary to the Law it will be sin to obey the Church As for Example It 's an indifferent thing which way we turn our Faces in the worship of God East West North or South the Church makes a Law the Minister must turn his Face toward the East in such a part of Worship this hinders the expedient use of that posture 1. It hinders from turning that way which is most for Edification and causeth the Minister to turn his back to the people which is very unexpedient It may confirm a Jew Pagan or Papist in their Superstitious Observances to observe us to do thus de industriâ out of a strict observation and therefore then unexpedient 2. It hinders much Good because it frustrates Christs Ends in the management of Religious and Ecclesiastical Affairs For Christ manageth all those by Necessities and Indifferencies in willing and requiring a necessary Obedience to his positive Laws and an indifferent use of indifferent things
cognizance of the civil Magistrate by his Laws and in his State are deservedly punished so As if a Church-member be drunk the Magistrate may take him up in the street and set him by the heels but if the Pastor of the Church see him so he hath no such power as to punish his outward man but to administer Admonition or Excommunication as the matter requires till the person offending is brought to true godly Remorse and Reformation but the Church hath nothing to do to imprison him put him in the Stocks c. or deliver him to the Magistrate by their Sentence so to be dealt with § 6. Arg. 3. If the Church can and ought to use the Sword of the Magistrate it 's surely to correct for the most gross and criminal Transgressions as for Drunkenness Swearing Lying-Theft Fornication c. for all just Laws inflict the most Exemplary Punishments on the most hainous and scandalous Offenders But it 's most evident the Church cannot use the Sword of the Magistrate in case of the most criminal and hainous Transgression because 1. Christ nowhere empowers a Church or so much as allows it as such to fine imprison hang c. for offences deserving the same at the hands of the civil Magistrate 2. He nowhere requires the Churches to become Informers unto civil Magistrates it belongs to the Magistrate to look after the observation of his own Laws the Church is not to be his Constable to seize Offenders for him neither is the State to be the Churches Hangman to execute for her each State is to look after the execution of their own Laws in their own way and manuer 3. Where Paul is distinct in each particular of the censure to be denounced upon the incestuous person 1 Cor. 5.4 requiring them to execute it in a strict and sharp manner in the Name and Power of the Lord Jesus and although Incest is a crime to be punished by the Judge and with death by the Law of God he writes not to the Church to inflict any corporal punishment on him neither doth he certifie the civil Magistrate against him or command the Corinthians to inform What Peter did in the case of Ananias was extraordinary and miraculous and not presidential in the least to any succeeding Church-Officers neither did he assume any civil Authority in so doing § 7. Neither doth the National Church notwithstanding all her severity used towards Non-conformists execute any such punishments on the like sort of gross Offenders or by the highest censures turn them over to Civil Powers for that end though she saith that all men and women inhabiting within her Precincts at least all such as are christened are actually Church-members and although it 's a confessed Principle of all Protestants that all openly scandalous Church-members incorrigible ought by censure to be cut off from Communion and although her self affirms that the ultimate means to be used in cases of obstinacy persisted in which she calls Contempt after Church-censures is the application of the Magistrates Coercive power Now how well she doth apply these Church-Remedies to the scandalous Church-members let the impartial judge Is it not requisite that she should wait upon all her Tyburn and Goal-bird Sons and Daughters a little more than she doth and endeavour first by Admonition to bring them to Remorse and in case of obstinacy to excommunicate them and not suffer obstinate Felons and Traitors to be hang'd within the Pale of the Church Indeed there needs no certifying to the Magistrate and taking them by a Writ de Excom cap. because the Magistrate hath secured them already but I will tell you where there is need viz. for the picking up of obstinate contumacious Drunkards Swearers and fornicating Church-members which the Land swarms with And what a blessed Reformation would there be if Mother-Church did do her duty in this kinde so strictly as she deals with Non-conformists viz. in admonishing them and in case of contumacy to excommunicate them and upon their perseverance in the said sins to take them all up with Writs de Excom cap. and send them to Prison there to abide till they repent If the Church proceeded thus with the generality of scandalous and loose Parish-members the major part left at liberty would be Non-conformists and if they were secured too for Non-conformity the old Woman might know where to finde most of her children of both adventures But who is so blinde as not to see the unspeakable Partiality of the Church in this kind in crying out against the conscientious Dissenters and persecuting of them in so merciless and outrageous a manner and in letting all the rest of the ranting debauched Church-members go Scot-free yea and encouraging them to persecute the rest more serious and conscientious under the name of Separatists and Schismaticks Dat veniam corvis vexat censura columbas Juven § 8. The second part of the Question about the use of the Magistrates Sword in execution of Ecclesiastical Justice is built upon a supposition that the Church might make Laws besides what Christ hath made i. e. supposing she might change Indifferencies into Necessities by positive Laws The Question is Whether it be agreeable to her Justice and Wisdom to annex to her Laws the said corporal or pecuniary Punishments or cause the Magistrate so to do We answer in the Negative for these reasons 1. Because to annex or cause to be annexed the severest punishments or at least most smarting to Offenders of Laws of least concernment to the Publick weal of Church and State and of the least necessity in respect of the Observers is neither Justice nor Wisdom but for the Church to annex Excommunication or cause to be annexed corporal Punishments or pecuniary Mulcts to Laws of her own making in matters of Indifferency is to put the severest Penalties to Laws of least concernment The Major is most evident because Wisdom and Justice always requires that there be a due proportion between the weight of Obedience required and the Punishment of the Disobedience forbidden The Minor is granted by the Imposers and Composers of Ecclesiastical Laws of this kind and as they think a plausible defence of themselves in so doing viz. that they exercise this Legislation onely in matters of smaller concern not necessary to salvation left by Christ indifferent and what necessary goodness they pretend to be in them is the shewing our obedience to our Superiours and satisfying the Will of man and some little external Decency and superficial Uniformity And for offending in this kind her children mâ—st be stript of Priviledges and laid open to all injuries of Church and State Doth this consist of Christian Prudence and Justice Is it not to tythe Mint and Annice with the greatest zeal and not onely to neglect the weighty Laws but to encourage the violation of them by taking into her bosome and dandling on her knee the most audacious Transgressors and the greatest and most professed Enemies
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
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