and inconvenient which will render their lives wretched and miserable but also at the compassing and injoyning the things that are good and pleasant which make their lives happy and comfortable For these two distinct ends there must be two distinct sort of Laws Some Prohibitive forbidding and restraining Transgression which is the way to divert Evils feared some Preceptive by conforming to which Laws the People might attain the Good designed and propounded And because Man is not to be satisfied barely with escapes of Evil and Misery but with obtaining a confluence of Blessings which may minister some competency of Content to him in this his present condition therefore he is to make it his business not only to respect the Laws Prohibitive but those that are Preceptive are to be regarded especially And when we observe the Happiness of Man doth not only depend upon the love and comforts communicated from his Neighbour but upon the favour and blessings of God hence it must evidently appear that as man in a Society ought to have respect to the Laws of Honesty that he live quietly and comfortably with his Neighbour so is he to regard the Rules that direct him to the practice of true Piety which will make him to walk acceptably before his God And the Preceptive Laws that concern Piety ought primarily to be regarded because the Conforming to them will bring upon him the Blessings of God Now we are to agree to understand that our present Discourse relates to Laws of this sort viz. Preceptive Laws of Piety that are wisely and piously ordered by our Governours according to Gospel Rules that command the decent and reverent attendance and joynt Concurrence of every Believing Subject of England in the Uniform exercise of Religion as in the Book of Common-Prayer is ordered and prescribed These Preceptive Rules of Uniform worship as in our Liturgy the People are directed are the Laws by us intended and ought by Believing Subjects of England principally to be regarded and conformity to such Laws ought to be observed accordingly For as a Negative Happiness will not content us no more ought a Negative Holiness so a Believers care must be to be truly vertuous and religious The holy Soul that intends a thorough sanctification rests not satisfied that he is not vicious when he knows his being vertuous and truly religious is that which will please his God For to cease from evil of sin only will keep us from evil of punishment and judgment which is threatned but to do well is that which will bring us to good and to the mercies and blessings promised Conformity then to Preceptive Rules of Piety is necessary for our comfort and well-being and one of the principal Duties of an English Christian And the fashioning and framing of his Words and Actions according to the Canons and Lines in our Liturgy prescribed and directed is that Conformity we now understand That our Converses and demeanour in the Worship of God be accommodately ordered and commensurate to the Rules of the Liturgy That none of the lines or lineaments be carelesly pretermitted That upon our private fancy no tumor or exuberancy be added superstitiously that we admit of neither excess or defect that may spoil that beauty of Holiness whereby we may represent an exact symmetry of parts according to that exquisite Original and Copy which is set before us This I mean by that Conformity we are to attend and heed Happy should we be if a People once in such a case yea blessed should we be if we could thus decently Worship our God SECT II. Wilful Omission or Recusancy of this Conformity is a Sin or Disobedience THere be two great mistakes that our Pharisaical Fiduciaries are eminently guilty of about Omission One is that omission of Carnal sins probibited Presents them Saints and is all the vertue by them desired the other is that the omission of external duties of Piety that are commanded is no sin and is not at all feared But as pure as this Generation may seem in their own eyes yet in neither cases can they make it appear that they are cleansed from their wickedness when from the first mistake they swell with Pride and from the second mistake they must disdain Humility They say They are not open Blasphemers nor Riotous nor Thieves nor Adulterers nor Murtherers and we may believe them yet while this negative Holiness content them they are ready to account themselves Righteous and despise others Thus they choose easiest Duties and neglect the greater advance one to the suppressing of another and without regret securely pass by obedience to Preceptive Rules and with a partial and piece-meal Conformity they deceive themselves But we have otherwise learned the mind of Christ For in reason when Vertue lies in medio and is only a streight line and tendency to Happiness as Morality teach us the defect as well as the excess will keep us from ever coming at this end And when every Believer is bound to obey the Gospel that expects to enter into the kingdom of Heaven as Divinity teacheth us Certainly bare unholiness uncharitableness infidelity unpeacableness that are but cessations and suspensions of those due Acts that be commanded and ought not to be left undone cannot content any true Believer For no person be he either Child Servant or Subject if he neglects to do what he is injoyned but is justly looked upon as disobedient To him that knoweth to do good and doth it not to him it is sin Jam. 4.17 But when Omission arrives at that height to be wilful it become that sin we would have notified and avoided When men declare their love and choice by an open and continued separation from Holy exercises as commanded such wilful Omission is rightly called Recusancy being an open and declared refusal of doing that service and holy Duties they are commanded And if seriously considered I know not how our Officers in our several Parishes can be excused or acquitted of the guilt of Perjury when of forty Persons that wilfully omit and despise the Divine Service and Sacrament they cannot in their Returns at Assizes or Sessions find one open Recusant when certainly a wilful Omission or Recusancy of due Obedience deserves both sentence and punishment when it is an heinous sin and Disobedience SECT III. Wilful Omission or Recusancy of Conformity to these Laws is an Heinous sin and Disobedience SO much the Nobler the Law fixed and established is so much the greater the sin and the more grievous the transgression of that Law Now Conformity to the first and greatest Law of Piety is a nobler Vertue than Conformity to the Rules of Charity and aversion from that Conformity must be a greater sin because then we turn away from GOD who is infinitely better than Men or any Creature whatsoever The first and greatest Commandment is To love the Lord thy God with all thy heart and with all thy soul these must respect God indeed
AN APOLOGY FOR THE LAWS Ecclesiastical ESTABLISHED That command our Publick exercise in RELIGION AND A serious Enquiry whether PENALTIES Be reasonably determined against RECUSANCY By WILLIAM STARKEY D.D. Rector of Pulham in Norfolk LONDON Printed by T. R. for Henry Brome at the Gun West end of St. Pauls Church 1675 TO THE Right Reverend Father in GOD PETER Lord Bishop of ELY My LORD THere be two Idols set up among our Brain-sick People which must be broken down viz. LIBERTY OF CONSCIENCE and TOLERATION Under the Name and Colour of the first many set up their misled Perswasion for a Law and so sin without possibility of any sense of Guilt or Conviction Secondly Under the Name of Gospel meekness gentleness and peacableness they cry up TOLERATION and IMPUNITY and so are without fear to add sin to sin when in no danger of a subsequent punishment These if suffered and countenanced will in time overthrow RELIGION and GOVERNMENT which are the pillars and support of Order and Peace both in Church and Kingdom To encounter and remove these two great obstacles of our Happiness my design hath been in this little Treatise to assert and prove two things 1. That there must be just Laws established in every Society to limit the Conscience of the Christian and Rational man and that whosoever transgresseth those Laws is guilty of sin notwithstanding any plea of Conscience which can give no license for any man to sin 2. That Punishments by Gospel Rules are necessarily inflicted upon obstinate Offenders and that Toleration and Impunity are of dangerous consequence to our King Church and whole Nation The Reasons are many that induced me to dedicate these weak Meditations to Your protection my good Pious Lord as that I might lay hold on the first opportunity of manifesting that just Observance Your worth and dignity as well as your favour have challenged and extracted from me And because honoured with the Title of being Your Son I accounted my self in duty obliged to give you some assurance of the soundness of my Judgment and stedfastness of my Faith and Conscience firmly assenting and adhering to the right exercise of the best Religion and the best Government under Heaven which must tend not only to my own credit but Your content and satisfaction And my Ambition is to give Testimony of some resemblance to be in me to such a Father whose zeal and ability to defend the Church and Government is eminently known to a great part of the World And verily it is but common prudence for my own security to provide such a Patron as You are to assist me in defending a Noble Argument which though full of Truth Loyalty and Necessity fit to be published yet in probability can no sooner be drawn out but it must expect to meet with much opposition Yet this gives me encouragement that while under your Banners though I expect many Gainsayers yet I can fear no Confuters If I should fall it will be honourably yet I dare promise my self to come off victoriously And under Your conduct I cannot but assume fresh Courage if called upon farther to maintain the Faith of the Gospel the uniform Worship of God the Government both in Laws and Penalties justly fixed and executed against Recusancy which will certainly advance the order peace and welfare of our whole Society My prayers and endeavours are intent upon these things and so long as I continue stedfast in those Designs and Attempts I hope You will not account me unworthy to profess my self as the Churches so Your Lordships most obedient Son and Humble Servant W. STARKEY Four PROPOSITIONS offered to Consideration I. The Laws of our English Government that command every Believing Subjects Uniformity in the publick exercise of Religion are established according to the Law of Nature and Rules of the Gospel II. The wilful Omission or Recusancy of any Baptized Subjects Conformity to such Laws is an open Sin and a dangerous Disobedience III. The threatning and determining of Punishments to be inflicted upon wilful Transgressors of such Laws are according to the dictates of Human Reason and the constant practice of the Church of God IV. The inflicting of Punishments as determined is just and necessary for the safety and welfare of our Nation Proposition I. Chap. I. Governours are to be appointed over every Believing Society by the Laws of Nature and Rules of the Gospel and our Governours are so appointed especially Section I. What is conceived must be meant by the Law of Nature Section II. What we are to understand by the Rules of the Gospel Section III. By both these Governours are to be appointed over every Believing Society Section IV. Our Governours are thus appointed over as especially A Serious Apology FOR THE LAWS Establisht in the Exercise of RELIGION SECT I. 1. GOD Almighty who of his infinite wisdom in decent and comely sort hath sweetly ordered and disposed all his works in number measure and weight hath given to every of them a principle form and measure of working to moderate and limit their force and power fit suitable and correspondent to their designed end to some Canon Rule or Law A Law which they cannot pass naturally but moving by that Law according to their several conditions they may come to that acquiescency and content that may render them happy according to their several capacities If they be Inanimate Creatures that move unwittingly and yet constantly as the Heavens and Elements The Sun knoweth its rising and the Moon its going down The Stars keep their courses the Orbes their Rotations according to Gods Ordinance or Decree they all move as the Divine wisdom orders them If they be Animate Creatures that have though weak yet some understanding they move from the most perfect principle they have to seek their content and satisfaction To gratifie their senses is their utmost aim And if they be voluntary Agents that clearly apprehend what they do yet kept they are as inclined in one constant tenure and course of working according to the establishment of Natures law And this innate obedience to the law of Nature as God hath ordered is the stay the ballast of the whole World that Gods Creatures cannot naturally or ordinarily do otherwise than to shew themselves apt and inclineable to this innate Obedience Now MAN that hath a Rational and immortal Soul and so a more noble Principle and hath more excellent endowments and perfections than the rest of visible Creatures must aim at nobler Ends attainable by those faculties and abilities with which God of his goodness hath extraordinarily blest him So that to gratifie the sense cannot be his utmost aim but to content the Spirit which is attainable by light of Reason and her improvements directing him to those Actions that may conduct and lead him the readiest way to the enjoying that Happiness which is intended So that Man acts most naturally when he acts most rationally when by that noble principle
wilfully what can be looked for but Judgment and fiery Indignation If he that despised the publick Law and polity of Moses was judged worthy of Death of how much sorer punishment shall he be thought worthy that wilfully despiseth those Rules that are commanded by the Gospel of Christ If any man draw back wilfully from his Profession when the soul of the Apostle took none what pleasure can the soul of Christ take in him And now my dear Country-men that have been too long Dissenters who have stood at distance and separated from us I humbly beseech you in the Name of the Lord Jesus that you would consider That by your Baptisme you have been dedicated to the Obedience of the Faith of which you have made profession And by the Laws of the Gospel you are bound to submit to the Laws of the Land prescribed for the exercise of Piety And that wilful Omission or Recusancy of Conformity to these Laws is an heinous Sin and a dangerous Disobedience A Transgression against the first and greatest Commandement against a comprehensive Law of Piety It is a sin not far off from a dangerous Apostacy We are sure it is an accursed Schisme It 's a sin of direful fruits to them within us of dreadful consequences to them without us It 's probably an introduction and advance to Popery in the midst of us It 's a sin displeasing to the Spirit of Grace and Christ I would have so much charity to perswade my self that many of you have been drawn into this sin ignorantly through Vnbelief It is not my intent to write these things to shame you but as beloved in meekness to warn you Knowing all these Terrours I would perswade you as men soberly to consider the fearful dangers of this Sin and to return to a right mind and practice that which is warrantable and to bend your selves to the peace of the Church and Vnity in the Worship of God Mark them that have caused Divisions and hereafter avoid them Let us follow Peace with all Believers and the practice of Holiness that we may come at last together to the sight of God And for you that have not separated from us but have associated with us in the Faith of the Gospel go on as Just Ones should to live the life of Faith of which you have made profession Be not of those that draw back to perdition but of those that believe to the saving of your souls Be not led away with the Errour of the wicked to fall from your stedfastness Have no fellowship with the unfruitful works of darkness but reprove them Come not into their secrets nor nigh their Habitations Do not fawningly flatter or countenance them for thy connivance and lenity will strengthen them Blow not the coals of these Sinners least thou be consumed with the flames of their wild fire Let this be our main design to banish all Factions and Schismes which this day are the shame and to bring back that Vniformity in the Worship of God which was once this Nations glory Let 's mind those things which tend to peace and unity in Divine Service whereby we may best edifie one another Let us as Brethren be stedfast and unmovable abounding in this work of our God forasmuch as we know our labour is not in vain in the Lord. But if any wilfully fall back and obstinately continue in this sin let such take notice That Judgments are justly prepared for Scorners and stripes for the backs of Fools Proposition III. The threatning and determining of Punishments against such wilful Transgressors is according to the dictates of Human Reason and the constant practice of the Church of God THE Transgressor we mean is the Recusant who wilfully omits to conform to those Canons and Forms prescribed and ordered in our Liturgy which are agreeable to the Rules of the Gospel And this wilful Omission in every Baptized Subject how slight of trivial soever it may seem to be I soberly and deliberately affirm and maintain to be a worse sin than Murther Theft Adultery or any other single sin of Commission whereby the prohibitive Rule of Charity is transgressed which is to be detested and avoided by every Believing person who would live comfortably in any Believing Society For it being a Transgression of the first and greatest and most comprehensive Law of Piety it must be a greater sin than that which transgresseth a particular prohibitive Law that concerns Charity that sin being a wilful aversion from that way that directly leads to that full content and happiness which ought to be intended And this we cannot but advisedly conclude when this sin for the most part as we may sensibly perceive is attended with those circumstances which must aggravate the Crime exceedingly For when we observe such Transgressors run into this sin not inconsiderately through surprizal but deliberately and electively not modestly but impudently not uncertainly or contingently but constantly and obstinately when they strive to be guilty of these Abominations contrary to Vows and Resolutions and when we confider the dreadful consequences what can we do less than without rashness conclude That such are heinous Transgressors and dangerously Disobedient And when such Transgressors are very rarely converted or amended by monitions or perswasions it is but reasonable and necessary that Religious Governours if it can be should restrain them by the threatning and predetermination of Punishments For when Governours are to be set over Societies to promote their publick good and happiness it is just and reasonable not only by proposing Rewards they should encourage their People to Religious and Vertuous Duties which will render them happy and comfortable but also by threatning and predetermining of Punishments to restrain and deter them from evil and enormous Actions which will render their lives wretched and miserable They mistake dangerously and wander no little out of the way who make it their work to defame the threatning and determining of Punishments with the odious slander of Malice and Bitterness when these things are evidences of the Rulers Love and Care who are set over a People by God to be a Terrour and affright the People from doing Evil by such manifest Determinations If Persons were so well disposed that they would be perswaded to be good by Counsels or Monitions or vvould be so ingenious as to be drawn to Religious and Vertuous Actions by proposal of Rewards then my mercy is such as I would have threatning and determination of Punishments forborn But when we see Men are led by Sense and Custome more than Reason and are generally vain in their Imaginations disorderly in their Affections wild and precipitantly irregular in their Actions it is needful to limit and circumscribe this their beastly Exorbitancy with an Hedge of Thorns and to bound them with a Fence of Punishments When foolishness is bound up in most mens childish hearts that incline them to extravagancy it is but the fatherly love and care
shewn to have been ordered to be determined and inflicted by any Rules of the Gospel nor proved that ever they were determined or executed by Christ or his Apostles especially not upon Omission or difference of any in the open profession of Faith or publick exercise of Religion And without haesitancy with as much earnestness but with more truth and reason we utterly deny all these things and doubt not but to any sober Reason we shall assert and prove the direct contrary It is confessed by all and not denied by any that I have met with That before the last dispensation Bodily and External Punishments might lawfully be agreed upon and inflicted and so they were in every Polity and Government that Sin might be restrained and Righteousness executed to preserve Peace and promote the welfare of the Society Before Christs Incarnation this is owned to have been natural and universal and according to the different heinousness of Offenders Crimes and their noxious influence so by wise Governours there hath been ordered variety and difference of Punishments The highest whereof have been Capital mortal destructory of the Body and Life which is all the Ruler can reach unto And that those have been lawfully inflicted before the Law and in the Law is acknowledged by our Adversaries themselves Now if our Opposers cannot shew where this was repealed in the Gospel I am sure I can shew where it was established For Christ came not to dissolve or destroy the Law of Nature but confirm and fulfil it and it must continue in Polities as lawful in the times of the Gospel as it was before and in the time of the Law And this Inference must follow If Capital and destructory Punishments may certainly those that are Emendatory may be determined and inflicted by Governours from the Rules of the Gospel Now that the open and obstinate may perish by the Sword of the Higher Powers who beareth it not in vain is so plain from Christs own words and the Apostles Letters as it were mispending of time to insist in a further proof or demonstration Therefore some of our Adversaries are so modest as to confess the Gospel doth permit Capital Punishments to be inflicted by Magistrates upon contumacious persons disturbing publick Charity and Peace but for things or actions that concern Piety or Religion either for Omission or Transgression the Gospel gives the Offender an Impunity and Indempnity say our Opposers in this particular but with what truth or reason let any man judge But yet it is confidently asserted That Heresie or any erronious Opinion which man can give a Reputation unto with a specious name of CONSCIENCE when it can be nothing less ought not to be punished If by Heresie they mean a secret though resolute electing or adhering to some Opinion or Perswasion contrary to some fundamental Article of Faith or some duty of Religion if they keep it secret that no man hath cognizance of it the Magistrate can neither judge it nor punish it for his Power reacheth only to external and manifest things But open publication of this defaming the Gospel or any one Article of Faith accompanied with an endeavour to gain Proselytes to his Erroneous Perswasion this may be justly censured or punished Declared Heresie and open Schisms are of dreadful consequence to disturb the Peace of the whole Society St. Paul wished and not unlawful if the Magistrate endeavour they may be cut off that trouble it For such not only disturb the Society in point of Piety but in point of Charity and Peace while they cause difference of pretended Judgment Faith Consciences upon which there must follow alienation of Affections and Contentions as hath been declared before sufficiently Now if those sins that abuse our Piety to God have as bad or worse influences for unhappy consequences as the sins that abuse Charity to our Neighbours why they should have lesser or no punishment it is beyond my narrow Reason to discover This then I positively affirm and will not doubt to maintain That Heresie or Schisme when open and declared and disturbs the Peace of the Society or any other manifest sin ought to have Punishments determined and inflicted by Magistrates by the Rules of the Gospel And I hope it will be granted what was ordered by those Rules may lawfully be ordered by the Laws of Rulers to the end of the World It is yet insisted on These things were not done by Christ or his Apostles That Christ threatned woes and destruction to the unbelieving Jews is unquestionably evident and that as he threatned them so upon their impenitence he inflicted them True indeed all the time of Christs Ministery and Humiliation he did not manifest his Regal power by inflicting Punishments but only by threatning them upon supposed Disobedience But when Ascended taking upon him to be Judge and King he punished the Rebellious and the Judgments and ruine of the Jews must be acknowledged to have come by the avenging Power of Christ As he threatned so he caused the root of the Tree to wither for its unfruitfulness For not returning Fruit when demanded of his Vineyard he pulled down the Wall thereof and it was trodden down For killing the Heir he miserably destroyed the Husbandmen Because Jerusalem would not be gathered together under the Obedience of the Gospel he caused their House to be left unto them desolate And sure it cannot be supposed unlawful if it be lone by Christian Rulers upon open and obstinate Transgressors which was evidently done by Christ himself And for the Apostles Though they were not Kings yet they had Authority to censure and punish those that were obstinately disobedient and they did exercise their Power wherewith they were intrusted to this end when their Excommunication was oft attended with Temporal Penalties to the destruction of the flesh sometimes that the Soul might be saved And who dare say It is unjust for Rulers appointed by God to do the like things for the same Reasons and End which the extraordinary Spirit of Christ given to the Apostles effected One thing yet remains to prove viz. That this was done upon Omission or Recusancy of Obedience to the Gospel And questionless so it was for Christ because the Jews would not know the time of his Visitation in mercy visits them with Judgments They rejected him and his Counsel would not receive the Gospel and therefore he ordered and brought destruction upon them And thus was it done by the Apostles also who for open sins and disobedience to Gospel Rules came not alway with spirits of Meekness but sometimes with a Rod. The obstinate Offender was ordered to be Corrected that he might be ashamed sometimes he was taken away from the Society of the Faithful and delivered to Satan for the destruction of the Flesh And why should it seem unjust for our Magistrates to order the like things when by the Rules of the Gospel by the practice of Christ and his Apostles Punishments may
what is the Justice of our Laws established in this required particular what is the reasonableness of our Submission is clearly apparent among us when there is nothing enacted or established among us but upon long discussion and serious deliberation and that by sober and wise Persons suffecti substituted and deputed by us beyond all question and exception If Laws established by such Persons be not received thankfully and be not submitted unto heartily the perverse Transgressor sins without excuse It is certainly evident in the Constitution of our Laws what is required in every good Law That they are determined upon Deliberation SECT V. 5. LAWS when deliberately determined by Rulers are to be published to the Society that they may oblige the Subject ad eorum qui Legi subjiciuntur notitiam deduci oportet The. Aquinas They that are to be brought to the subjection of the Law are to be brought to the knowledge of the Law Natural Laws there be and necessary it is they should be published for although such Laws are written in mens hearts yet by evil Custome Complyance Passion and prevalency of Temptations and men sensually yielding to them these Laws are blurred and almost obliterated and necessary it is that by repeated impercussions there should be endeavoured a new impression by a new impunction Necessary it is that Rulers by a new inculcating should give a fresh beauty vigour and obligation to them and by annexing a weight of Punishments and a spring of Reward should set Subjects in a constant motion to observe and keep them for if concealed in silence they would be passed by Carelesly and that men may be awakened to keep them and observe them diligently they must be published That being warrantable and commendable to be done by Rulers Gods Deputies that was done by God and his Prophets and by Christ and his Apostles who in several dispensations of those very Rules made a new publication And for Rules of Actions in their nature Indifferent no man can question but they must be determined to avoid Controversies and settle Peace and when so determined it is but reasonable there should be an open promulgation When by so doing the Subject from the declared Judgment of his Governours who is set over him for good must certainly be inclined to a ready Obedience Transgression of Laws Natural published being a double Transgression when the Offender Audet non tantum malum sed malum vetitum Committere He is impudent that neglects and rebels and left without excuse for if the Laws had been concealed they might have pleaded ignorance but being promulged and openly known the Transgressor is inexcusable and therefore his sin remaineth Let any indifferent man then be Judge if the Refractory Disobedience of some unperswasible Tempers amidst us be not absolutely inexcusable when in our Laws nothing Injust is injoyned nothing determined but was deliberated nothing established but was promulged Certainly as it is the Governours or Rulers duty for the good of the Society thus to fix and establish Laws so it is the Subjects duty to submit willingly to those Laws thus fixed accordingly SECT VI. 6. GOvernours are to be submitted unto by the Subjects of that Society over which they are Constituted for Governours and Subjects are Relatives Mutuo se ponunt c. They come both to their Relations by the same Constitution and what appoints some of the Society to command and direct appoints others in the same Society to submit and obey and very rarely can any Government be instanced but Oaths were given and Subscriptions taken and men several waies obliged themselves to consent and submit to their Governours in their Administration and to acquiess in their Determinations and Constitutions So that Submission is not an outward honour and reverence to their Persons in Offices and Dignity but conformity to Directions of Governours and obedience to their lawful Commands and just Rules delivered by them for Publick good And as St. Paul so St. Peter to his dispersed Hebrews least they should be prejudiced from a specious pretence of Liberty and cast off all yokes of Service and break off all bonds of Obedience Authoritatively commands them to shew the honesty of their Conversation by a chearful submission to the Just Commands of Lawful Governours as 1 Pet. 2.13 when he enjoyns them to submit to every Ordinance of man for the Lords sake Just Commands I advisedly put in for that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is just and reasonable and tends directly to the designed End that is Humane and to such an Ordinance they are to submit for the Lords sake Now Commands and Actions of Governours are of things and actions of two sorts either Natural or Indifferent Natural would be binding if no Constitution but Rulers seeing mens averseness and backwardness to what is apparently good out of love and care to their Peoples welfare put a new life and revive even those Laws by a new publication to stir up the Peoples attention to them and observance of them by which course their Obligation is not remitted but intended And no Subject but shews his perverse and rebellious Temper that dare think and say That those Rules are less lawful or less binding because a Lawful Authority hath revived them and upon the fore-mentioned necessity and Reasons hath afresh enjoyned them Other Actions are of an Indifferent nature neither good nor bad of themselves yet must be determined by Governours to prevent Dissension and settle Peace the ground and foundation of all Temporal blessings that make mens lives comfortable in any Society And soberly let it be considered and the morality of the fifth Commandement the Rulers Authority and Subjects Obedience is plainly discovered by his voluntary Submission to Commands and Ordinances of this nature and determinations of things in their own nature indifferent For if the matter be unlawful that is unlawful by Commands of Superiours then Daniel's Vetitum est is sufficient We are not careful It is better to obey God than Man If the thing be profitable thou servest thy own turn thy own Interest rather than obeyest thy Ruler If the thing be intrinsecally Just thou art obliged to do that although not injoyned it So the truth is the Rulers Authority and Subjects sincere Submission is chiefly seen by his Obedience to those Commands which injoyn things that are of their own nature Indifferent Where neither the Nature of the thing nor the Subjects Reason or Profit is convincing nor any other by-Respect induceth him to Obedience And thy submission to those things is the clearest evidence of thy subjection to Higher Powers which is undoubtedly according to the Law of Nature and Will of Christ And if thou dost not abide according to thy former Consent to such Determinations of thy Rulers and submit to them it is a plain discovery of some prejudice and disaffection to thy Ruler that thou thinkest meanly of his wisdom or suspectest his goodness or despisest his
and Acquaintance stand aloof off from that Vniform worship of God that is prescribed and injoyned and no wonder if Strangers think and report that some dreadful Disease cleaves fast unto us I heartily lament many Crying sins that are generally spreading over the body of this poor Nation and yet upon sober Consideration I cannot judge any sin so manifestly destructive to the health and beauty of the believing Society and Church of England as is this of Schisme and Separation There is no one sin that tyrannizeth more over us but we may say to Schism as the Pirate did once say to Alexander Thou blamest and condemnest me for preying on single Persons and accountest thy self without fault while thou destroyest a whole Nation These things have I written and spoken to my dissenting Country-men not in wrath and bitterness to shame and torment them but with grief and compassion to warn and amend them that we may all agree to banish those Schisms and Divisions in the Service of God which are this day our shame and that we may endeavour to bring back that Vnity in Gods worship which was once the glory and joy of this poor Church and Nation My endeavour as well as my Prayers shall alwaies be that we agree to hold the Vnity of the spirit in the bond of Peace For Zions sake I cannot hold my peace nor for Hierusalems sake be quiet till I have manifested my study and endeavour to bring all the baptized Subjects of this Church and Kingdom to signifie the Vnity of their Faith by an open Vniformity CHAP. VI. The Canons and Forms established and prescribed by our Governours to direct and promote the General Uniformity of English Professours are most agreeable to the Rules of the Gospel and are the best and most convenient that are visibly extant to us in the World Section I. There must be Forms or Canons prescribed by Rulers to carry on Vniformity II. The Canons and Forms already established to this end in England are agreeable to the Rules of the Gospel Section III. These Canons and Forms are visibly the best extant to us upon sober Consideration SECT I. There must be Forms or Canons prescribed by Rules to carry on Vniformity GOD who by his wise Providence governs all the works of his hands rules them all by a Law And Governours subordinate as appointed and sent by him are to govern Rational men joyned in Society under them by a Law also As God in the World so Christ in his Church complying with the Necessities and Infirmities of his Subjects hath given Rules to direct them in Faith Devotion and Conversation by that New Law which is the Gospel by which superintendent Frame of Government his subordinate Governours are to govern his Church to the end of the World And so according to that New Law Christs Deputies are to establish Laws of Piety and Laws of Honesty We are now in this part of our Treatise to speak of those Laws that respect Piety and according to the two parts whereof Man consists some Injunctions of Piety must concern our Souls and some our Bodies The Injunctions of Governours that direct to purity of hearts and spirits may be called Counsels Monitions They cannot properly be called the Laws of Governours but Laws of Christ for they cannot oblige the Souls of the Subjects either by rewards or punishments having no cognizance when they obey or when they rebel when they heartily like or dislike such Injunctions Christ can only reward these according to their hidden works But Rules of sensible things for ordering mens words or actions those are properly called the Laws of Governours for of these they can make discovery The observance or omission of these things are discernable by Rulers and according to the Merits of their Subjects so they can recompence them And let no sober Person think that Laws about external demeanour or decent behaviour of our Bodies in our Religious attendances are such trifles toyes needless Circumstances childish insignificant Ceremonies as many irrationally and inconsiderately defame them when they are natural and necessary for our Communion in our present condition when true Grace operates the light within us directs and the Holy Spirit delights in these things being willing to admit of our Bodies to be his Temple when these Vessels are to be possessed in sanctification and honour And God hath called us not to uncleanness but holiness of these things When Christ by his Gospel hath ordered the hearing and preaching of his Word the administration and receiving the Sacraments the regarding our Conversations and Words by which we are either justified or condemned And these things are sensible and external And certainly an imputation of Rashness and Vncharitableness cannot be deserved by us if from such open and wilful opposition and slighting of Externals as unnecessary and inexpedient we should judge these men as wilfully bent to overthrow Humane Government when they would destroy that in a moment about which alone Government can be busied and employed It must then be granted That the publick exercise of Vniversal Piety ought to be the Governours first care and that their first Laws ought to be about injoyning Vniformity to their Subjects Now by Vniformity as it hath been set forth in the preceding Chapter is meant an Vnity or joynt assent and concurrence of Professors both in Words and Actions Confessions and Gestures fitly expressing and signifying a Religious respect and reverence to that Supream Majesty we meet to adore A service so useful and necessary that all Governours by their Laws have injoyned it and all Nations by their practice have attested it in all Religious Meetings through all Generations 1. Because GOD who is not a God of Confusion but of Order a God not of Division but of Vnity is best pleased and most glorified when no man draws back but when without distraction there is an Universal discovery of every mans evident respect to him When the Tribes go up the Tribes of the Lord unto the Testimony of Israel to give thanks unto the Name of the Lord. 2. Thus Neighbours are most edified Consent and agreement of others with us give a pleasure and content to us It gives a confirmation to our Judgment and practice when we receive approbation and allowance from the practice of others 3. Thus Infidels are most likely to be wrought upon and converted One mans preaching may make a man consider but certainly it cannot have so great an influence as the Vniformity of a whole believing Congregation We are ready to think those things not hurtful but beneficial which we see universally practised and we are easily drawn to the practice of those things which we see generally allowed and used by others So that if a man be converted or unconverted joynt Concurrence in Common Service and the Vniform Worship of God is more to be valued than any one mans Preaching being of a greater influence and of a stronger operation Since
but with all thy strength this must relate to Man For the strength of a visible Christian is demonstrable to Man by outward actions when strength exerts it self by doing what is Commanded Omission therefore of a visible exercise of Piety must be concluded in reason a sin of the greatest size since it is a transgression of the greatest Commandment Again Transgressions of a general comprehensive Law of Piety are greater than the transgression of a single particular Law that command a single Duty But omission of Vniformity prescribed is a transgression of a general comprehensive Law of Piety Faith comprehends all the duties of Christian Obedience and what doth it profit a man in a Visible Church to say he hath Faith if he hath no Works and do not make his faith appear by Confession If we know we must acknowledge if we believe we must speak He that offends in this one point is guilty of all Jam. 2.14 And if offending against a particular prohibitive Law of Charity renders a man guilty of transgressing every part of that Law how much more if a man offends a comprehensive Law of Piety In the Judgment of Man such a Person must be lookt upon to have denied the Faith c. So if any man would ask what is the Name of this sin it must be answered Legion for they are many When most of the Commandements of the first Table are openly transgrest by this wilful Omission And if deliberately considered it must be acknowledged That these sins of wilful Omission or Recusancy of Obedience to preceptive Laws of Piety are greater sins than sins of Commission against the prohibitive Laws of the second Table that concern Charity in respect of several Circumstances that such Transgressors are involved in which must needs aggravate these sins exceedingly For these sins of Omission are open and manifest but those sins of Commission are many times secret and hid Therefore many times sins of Commission fall under the Judgment of God only but sins of wilful Omission fall certainly under the judgment and condemnation of Men and therefore it is undeniably just and reasonable that Religious Magistrates make severe animadversions upon those sins especially And he that judgeth and condemneth his Neighbour for Hypocrisie though he judgeth truly yet he judgeth rashly and uncharitably because such sins are indiscernible to man but when Profaness and Impiety are manifest by a wilful Recusancy such sins go before men to Judgment and Officers may accuse and condemn such notorious Crimes justly and warrantably And sins that are done impudently and shamelesly are worse sins than those that are done modestly and closely Now beastly sins of Commission are committed secretly 1 Thess 5.7 they seek the night to conceal them and darkness to cover them But if men will be openly guilty of their Abominations and not be at all ashamed if they will declare and publish their sins like Sodom and make their Faces harder than a Rock and refuse to return a Visitation is lawful and justifiable upon such open sin and the Magistrate is not just that will not take vengeance upon such wilful Transgressours A second aggravation of sin may be when a sin is Electively and voluntarily committed For this must be confessed that Vertue or Vice are more or less Meritorious as they are more or less Voluntary A sin must be greater that is upon deliberate Choice committed than that which is done upon surprizal through the prevalence of a Temptation suddenly and inconsiderately Now sins of Commission have many of these Excuses Either men are basely or degenerously indulging the Bestial part and so are transported with the present impression of some sweet delight that pleaseth the sense which admits of no deliberation Or else through Pride Envy Malice or Revenge which would be satisfied men have hurried headlong into irregular Attempts Or else through a fawning flattering Compliance with the prevalent Humors of the Times men have been misled with the Customary practice of a multitude and have prest like Beasts Non quo eundum sed quaitur Following bad Example to do evil and without natural affection not guided by Reason have fallen into the worst of sins of the worst of Times But now what Temptation or excuse can any man alledge or pretend for wilful Omission or Recusancy Other sinners have had either pleasure or profit to quicken the Temptation and make it more active and more prevalent but what fruit what benefit can the Recusant alleadge for not doing what is injoyn'd He absolutely chooseth the evil and refuseth the good voluntarily without Temptation sure this sin is to be accounted without excuse Another aggravation of a Sin is when it is done resolutely and obstinately Now what is done resolutely and constantly if bad is worse than what is done uncertainly and contingently Now sins of Commission many of them have their abatement and weakning by Age and Time but sins of Omission gather strength by continuance and make man more indisposed to forsake them For sins of Commission men are ashamed weary of them and forsake them in time but for sins of Omission we rest securely and delight in them In this case there 's no probability men should take care to be well who never are sensible they are sick They make choice of their Delusion and willingly would be given up to the Continuance of their Abominations We see their obstinacy and resolved impenitency And this must be accounted another aggravation Another aggravation of a Sin may be if it be against a Promise and Covenant solemnly made to the contrary Every man is bound stare pactis promissis so it cannot reasonably be denied but a wilful Omission of duties of Piety in a Baptized Subject who hath declared and signified firmly his profession of holy Obedience to the Faith is far worse than a wilful Omission of a Jew or Infidel that never promised observance to Gospel Rules and never made Profession Heb. 10. The wilful sin was not an invisible but a visible Recidivation For this must in reason be accounted a visible and interpretative Apostacy drawing back and falling off from his Profession declared by his wilful omission which by Promise and Vow he had engaged himself to perform And what sense the Divine Author in his Epistle to the Hebrews had of this sin is easie to be gathered from this tenth Chapter The Holy Author directs his Epistle to a Society of Believers by Baptisme externally united and sanctified to be visible Members of a Christian Society that had not power to discern spirits or intention but judge they might of Externals words or actions He wrote therefore to them v. 23 24 25. to take care of their Carriage and Conversation that was sensibly to be discerned in their Religious Assemblies That they did not decline or forsake Assembling nor in those Assemblies profession of Faith nor mutual Exhortation nor provocation to good Works For the Blood of the Covenant by
of us Wrath emulations bitterness clamour evil speaking whispering backbiting and detraction lying and slandering c. all these sins and miscarriages are but the numerous and unlucky Off-spring of Recusancy and wilful Separation that I cannot but in anguish of Spirit cry out Cursed be the womb of SCHISME that bare these things and the Paps that hath given them suck For these things sake if not repented of the wrath of God must hasten upon us as wilful Children of Disobedience Neither hath this detestable sin made us thus miserable among our selves but hath rendred us unhappy among other Nations when it hath brought a dis-repute of us and a dis-esteem of our Religion almost in all parts of the World Turks Heathens Pagans Jews not only contemn but blaspheme our Church and Faith because of the divisions and dissensions of our Professors And when the concord of Professors Vniformity preserve the beauty and loveliness of a Church which attracts all mens admiration and affection undoubtedly Divisions and Factions must bring that deformity upon any Nation which must make it loathed and abhorred And how can we in reason expect that others should desire to be United to us who are not United among our selves We can never hope but they that are without will shun us as infectious as long as this deadly disease cleaves close unto us I hear the sad Complaints of my Countrymens fears That Popery is like to be brought in among us And this I confess is my fear also for while we wilfully maintain Divisions and Separations among us unquestionably we contribute to the utmost to that which we fear to fall upon us And the way hath not been made more plain this hundred years for the return of Popery than we have lately made it by our Divisions The Papists and Jesuits very well know they can never set up their own Church till they have pulled down ours which alone stand in competition for precedence and outvies them And to destroy this our Church of England which is the best ordered in the World by our Schisms and Sects we lend our helping hand most effectually Who doth not see that we are running into that Bondage we pretend to abominate while we endeavour to destroy Vniformity as it is prescribed For out of the Visible Church there is no ordinary way of Salvation And there is no keeping up the face of a Visible Church without Vniformity If therefore we wilfully persist by our Schisme to destroy Vniformity in the Church of England when there is none to be found in our separated Congregations what remains but we must willingly run to the Church of Rome if we will be saved All these things perpended it must be concluded That wilful Recusancy of Conformity or Schisme is not only an heinous but an hurtful sin in respect of those within us It renders us disesteemed and contemned by those without us It contributes to the introduction and prevalency of Popery into the Nation And It is a dangerous sin to Men themselves that are guilty of it when it renders them liable to the just condemnation both of Man and God We are most affected with those Evils that most nearly touch our selves Consider then thy own dangerous condition who ever thou art that separatest from the Church of England if thou persistest in thy wilful Disobedience and what must follow by the just Judgment both of Man and God Thou art guilty at the fairest of the dreadful sin of Schisme by thy voluntary departure and wilful separation from the Communion of that Visible Church whereof once a Member A sin by St. Paul branded with the odious name of Carnality 1 Cor. 3.3 Are ye not carnal walk ye not as men And Rom. 16.17 18. the same Apostle directs the Believing Brethren to set this note and remark upon such as caused and maintained Divisions they were such as did not serve the Lord Jesus Christ and were to be avoided Their fair speeches and smooth actions in this case could not acquit but condemn them whilst both of them were used with this end by them to deceive the hearts of the simple and pervert their practice from the Uniform Communion of a Believing Society It is sad but true that such from Believers Censure and Judgment if they will be directed by the Apostle and perswaded must lose the reputation of being Christians and be marked and noted for such as are not servants of Jesus Christ And further if it be questioned Whether continuing wilfully in a manifest sin be inconsistent with the state of Grace or not certainly upon serious Inquiry it must be determined Affirmatively And it must be granted upon the Reasons forementioned That wilful Omission of the necessary Duties of Piety is an open sin and such a sin as withdraw men from the kindly operations of Grace and makes God withhold and turn away his Spirit from a People who waits to be gracious to his Servants usually while in the exercise of Holiness This despising of Holy Duties puts a contempt and offers despite to the Spirit of Grace And certainly the consequence of that sin is sad enough that makes God withhold his Spirit from men such draw back to perdition by their visible Recidivation The effects and consequences of this sin in probability will be dreadful as you have heard among Men and there will be a sad issue of this sin from the Just GOD who not only will withdraw his Grace but will manifest his displeasure by his wrath which will come upon the wilful Children of Disobedience And good it will be for this sinner in time to consider That although he may possibly escape the condemning Judgment of fallible Man yet he cannot warrantably promise himself to escape in another day the condemnation of Christ Sins of Omission that are obstinately for the most part persisted in will fare worse than sins of Commission that oftimes are repented of and will meet with a more severe Sentence from the mouth of Christ And the mind of Christ is clearly discovered unto us in this particular Matt. 25.41 when as accursed they shall hear that fearful Discedite Depart ye into everlasting fire prepared for the Devil and his Angels And the sin he chargeth them with and sentenceth them for was a wilful omission of Acts of Charity For I was an hungry and ye gave me no meat Thirsty and ye gave me no drink Naked and ye cloathed me not c. Now if for wilful Omission of such Acts of Charity sinners shall hear that fearful Ite maledicti how justly may they hear the like dreadful Sentence for omission of Acts of Piety You have not worshipped mein the beauty of Holiness You have not spoken to my Praise to make my Name glorious You have not held fast the open profession of your Faith c. For greater sins there cannot reasonably be expected a lesser Sentence or easier punishment from the most just Judge For sinning thus
reproach and defame the just determination of emendatory Punishments upon Recusancy and wilful omission of necessary Duties which is an open sin with the odious name of PERSECUTION and are ready to blaspheme the Rulers and Officers if they threaten these Penalties much more if they execute them as Cruel Tyrannous and Antichristian I confess willingly men that have not quite obliterated the Divine Image have bowels of Mercy are full of Pity and Compassion and Pugnat cum Natura hominis Dolore quâ Dolor satiari for any man to be full of Malice and to contrive with malicious intention to torment and endeavour to destroy his Neighbour is unnatural and unchristian it is a sin But thus unreasonably and falsly have they done what they can to blast the Repute of an harmless and necessary Duty with a bad Name when Punishments are threatned by the pious Rulers with the design of Peoples amendment and safety not their torment or destruction No man intends his Beasts should run into the Ditch or hedge of Thorns wherewith he encompasseth his Grounds but designs only they may feed safely within due Bounds It is peevish and ill-natur'd for them to clamour of Persecution when their Extravagances are limited and safety endeavoured But so it is some froward Tempers when any waies constrained to be vertuous and restrained from being vicious will cry out they are persecuted and afflicted And if any Affliction or Punishment does follow the wilful Transgression of these men it is not the Magistrates designing or causing but their own chusing is justly blamed who pull Tribulation upon themselves by the errours of their own waies Again when Rulers and Officers by agreeing and fixing of Punishments constrain men through objected Inconveniences to reflect upon the evil of their waies and return from them and to come into the way of Truth who otherwise would still erre and be deceived it is Mercy of the Ruler to the Transgressour who designs his salvation The Cruelty if any is to the Sin and it s no fault to design its destruction Lastly Persecution then is faulty and blame worthy when 't is for well-doing only when men are hated for Righteousness sake without any cause when men are industriously pursued to be vexed and tormented for walking in waies of holiness and righteousness This is Persecution indeed to be complained of and lamented But when Punishments are deliberately threatned and inflicted upon open Disobedience and wilful Recusancy these are Acts of remunerative Justice a Nations prop and and glory and deserve justly to be commended It is injurious to account this a Persecution that deserves to be condemned They are therefore deservedly accounted malicious and injurious who clamour against the just determination of Punishments by pious Rulers against open Transgressions with censures of a culpable Persecution which is doing Justice and no Injury is Mercy and no Cruelty an evidence of the Rulers design of his Subjects Conversion and Salvation not of Vexation and Destruction Which if it doth happen upon the obstinate Offender he pulls it upon himself by his own choice it comes not from the Rulers intention or resolution Another Objection we hear frequently against the threatning and determination of Punishments by Christian Magistrates it is openly complained That they force the Conscience of the Righteous which ought to have its Liberty Their Conscience they cry it abroad ought to be left Free But I appeal to any sober person to judge whether these Complaints of Greivances be not rather fancied and feigned than possible to be feared or imposed But some there are that fear where no fear was To discourse this Point in reference to our present State Punishments threatned by our Governours Laws for wilful Recusancy is twelve pence for one Sunday twenty pound for one Month to be levied by Distress a Force is threatned upon their Purse and they cry out a Force is offered to their Conscience which is impossible For when the Magistrates Sword and Power can reach only to Goods or Body or what is external than this they can do no more they can have no power of the conclusions of the Understanding or resolutions of the Will or any thing internal which we must understand by Conscience And suppose the Magistrate can have any power upon Conscience the operation he can have will prove but Moral not Physical to incline it not to force it Neither is this to be conceived feasible by Man which is hardly to be conceived to be done by God himself For Force implies a thing to be done of thee thou art meerly passive when Forced and is scarcely to be imagined of voluntary Agents who are active and are said to do what they do themselves Quicquid fit de te tu non facis Thy Conclusion or Resolution is thy own voluntary Act. And as I said before of the Liberty so I say now of Force It is inconsistent with and cannot be offered to Conscience Thy Conscience is freely thine own and cannot be forced and if Force be upon any thing it is upon externals only it cannot be upon thy Conscience Thou fearest and criest out of that which cannot be offered thee namely Force of Conscience and thou dotest on and idolizest a Chimaera NOTHING what thou canst never find namely Liberty of Conscience Liberty of Conscience thou coutendest for as thou saist Consider thou hast not fully exprest thy mind and intendment thou canst not desire or contend for what thou canst not possibly have There is something else thou meanest and contendest for and really that thing is liberty of Action licentiousness of Recusancy that thou maist freely transgress the Preceptive Laws of Piety without penalty And this thou paintest and gildest over with a varnish and pretence of Conscience Now what Rule hast thou that directs thee wilfully to omit and refuse the Publick Exercises of Piety And if no certain Rule thou canst have no sound Conscience Thou hast a Rule that forbids Recusancy and it is a sin Wilt thou pretend a Conscience to continue in sin If thou hast any Conscience in what thou contendest for it must be an accusing or condemning one And well it were if the Sword of the Magistrate could Force this Conscience from thee I am sure thou desirest amiss to have Liberty and Freedom to enjoy a condemning Conscience I have no patience to persist any further Arguing but I have so much charity not to desist from praying for you that our Father would forgive you for you know not what you say At last then study to be quiet you that dissent and separate from us and seriously consider how your heat of Opposition and Contention hath transported you to the venting of such ridiculous Fancies as certainly if we do not abjure Reason we must expect to see them suddenly hissed out of the Nation From the Premises then we must conclude That the threatning and determining of Punishments against Recusancy is Mercy and Compassion and
ought not to be called Cruelty or Persecution That they tend to the informing and not inforcing of Right Consciences And that 't is clearly evident from Reason and her Dictates from the Custome of all Nations from the practice of GOD both before and in the time of the Law from the preaching of Christ and his Ministers in the time of the Gospel they are not only justifiable but expedient and necessary in the Church of GOD. Proposition IV. The inflicting of Punishments as determined is just and necessary for the safety and welfare of our Nation MAGISTRATES care and endeavour ought to be to promote the welfare of the People to whom they are related and without question this is most likely to be compassed by an Impartial execution of an exact Righteousness RIGHTEOVSNESS is not only the Girdle Robe and Diadem of the Ruler but the Stay Crown and Glory of the whole Society Now Commutative Justice in Contracts and Bargains if men would not be partial to their own Interest but dispatch them with equity without fraud to each others convenience conduceth highly to the content comfort and prosperity of a People Yet because frequent Contracts are oft agreed of by Private persons for the most part secretly and rarerly fall under the Magistrates cognizance At this time Commutative Justice will come little under our present Consideration Our great respect in this Treatise must be to distributive Justice which is of universal influence and tendeth to Publick peace and prosperity of a Society And it is the principal office and work of the just Magistrate undoubtedly to see this executed impartially Now refined Notions and empty Speculations are not sufficient for the discharge of the Rulers duty in distributive Righteousness But his business is done in his office by practice and action and his care must be not only of passing a right Sentence but of impartial execution of a meet Recompence proportioned to the Merit of every mans work Not only that they who obey honest Laws and continue in well-doing may have Commands Riches Glory and Honour and Rewards as encouragements to Vertuous actions but also that they who are wilfully disobedient may have Indignation Wrath Tribulation Anguish and Penalties inflicted as restraints and deterrments from sinful and Irregular attempts And to see this latter done is the Magistrates Province as much as the former being sent by God as much for the punishment of evil doers as for the praise of them that do well REWARDS and PVNISHMENTS are like two Pillars or Walls that support and uphold the stately structure of Righteousness under whose shadow and defence a People may abide and rest comfortably in peaceful Habitations Take away one Pillar or Wall and all is shuffled together the whole building becomes useless and is ruin'd immediately Let there be no fear of an ensuing Punishment to follow upon acts of Wickedness in our Nation and there will be little love or care of Righteousness in the midst of us That Punishment should be inflicted upon the Offender is natural and divine God in the beginning did determine it and surely what he determines is Just in whom is no unrighteousness And if the threatning and determining of Punishments be Just then it must follow the inflicting of them must be Just also and will follow certainly For he that is righteous hateth lying and he that loveth Truth will faithfully perform what he hath deliberately promised and what he hath spoken for his Honours sake will certainly bring it to pass To act like God cannot be injust therefore Gods Deputies in judging any part of the World as to determine punishments upon Offenders so to inflict them when determined must be just and reasonable also Again Rulers are to be like God and their chief Duty by his appointment that sent them to the Office both by the Gospel as well as the Law is to execute vengeance upon wilful Transgressours The Sword was given them not as an empty badge of Honour for a shew for fashion for ornament only but for use for employment for terrour For he is the Minister of God a Revenger to execute wrath upon him that doth evil Rom. 13.4 The Private man that taketh the Sword rashly shall perish by the Sword of the Magistrate justly and who sheddeth mans blood by man shall his blood be shed And it is a great part of wisdom for an holy King to scatter the wicked and to bring the Wheel over them Prov. 20.26 And without any great pains it may be proved to have been the will of God in all times declared both before the Law of Moses under the Law and under the Gospel that Capital Punishments if the heynonsness of the Crime deserved it might be justly inflicted And if Capital and Sanguinary punishments can be proved lawful because in all Ages appointed and allowed by God sure Emendatory punishments cannot be denied but they may be inflicted and their inflicting may easily be justified True indeed we ought not to mock at Calamity or rejoyce when an Enemy falleth Vengeance ought not to be the Godly mans choice which is not the delight of God himself and 't is not agreeable with the nature of Man to delight himself with the grief and to make himself pleasure with the torment of his Neighbour Yet it is reasonable and just the Malefactour should be punished and that tribulation and wrath should come upon him that works unrighteousness And certainly they have as little Charity as Reason who blaspheme him as malicious or mischievous that accuseth or punisheth the Rebellious or Injurious 1. Punishments as to the Malefactors prove but like bitter unpleasing potions that work strongly for succeeding health And if Capital their Bodies are destroyed that their Souls may be saved 2. To put a period to the Malefactors wickedness Vt quo uno modo Possunt definant esse mali Sen. That they who would not learn to be good may at last be restrained and cease to do evil 3. That others may be affrighted For Poena ad unum metus ad omnes That the whole Congregation may hear and fear and that they may not dare to sin so presumptuously or to commit any such evil among them For when a Scorner is smitten the simple will beware Prov. 19.25 4. That the Righteous may be preserved which cannot be but by Coertions and Restraints upon the Wicked keeping them in fear of Punishment When Inter tot supplicia sontium satis tuta Innocentia Innocence it self is scarcely safe and is never secure amidst all the Punishments And to suspend Penalties is the ready way to make the Rulers undervalued and contemned their Laws slighted and reproached to cause the Offender to grow secure impudent and not ashamed to make the heart of the Righteous faint and the hands of the Wicked strengthned Upon these and some other Reasons some dare not deny all Penalties but would have them inflicted only for the breach of Natural and Moral
be determined and inflicted for wilful Omission of Gospel Duties and manifest Disobedience And if any may sure I am Ours be that are ordered and determined with so much tenderness and moderation as all the World must acknowledge our Rulers designs are to amend their Subjects and not destroy them They shew themselves good Physicians they love not many Funerals They had rather heal the distempered Member than cut it off They proceed slowly and rarely to mortal Punishments only when the heinousness of the Crimes exact them and if tolerated would endanger the Peace of a great part of the Society So that undoubtedly the Clamours of Oppression and Persecution when penal Statutes against Recusants are executed as determined can never be defended or excused When that peaceable and quiet state of the Church in the last Times so oft commended and promised and desired by us was promised upon a condition of a Gospel Obedience and cannot in reason be expected upon Professors wilful Recusancy and open Disobedience Upon which if any thing happens that is over-grievous and vexatious to the Transgressor let him blame himself and not his Rulers When sua voluntate obligat se ad poenam For when Laws are agreed upon soberly and deliberately when published openly as most convenient when consented unto by declared Vows and Subscriptions and when Punishments are fixed upon supposed Transgression the punishment happens by the Recusants own election for no man chooseth such a Transgression but chooseth such a Punishment He had warning knew the danger and would run into it His blood be upon his own head Thus far we have reason I hope to conclude That Punishments are justly inflicted as determined It follows now we proceed to prove That it is necessary to inflict Punishments for the safety and welfare of our Nation MAGISTRATES whose Offices are to their utmost to advance the Publick good of the Community in which they are interessed can no way more effectually discharge their Duties than by taking care of an impartial execution of distributive Righteousness rendring to every man the Recompence that is meet according to the Merit of his work And one essential part of this distributive Righteousness is the just inflicting of Punishments upon those obstinate Offenders who openly continue in evil doing In our present State this is necessary for the welfare of this Society in which we live That which evidently conduceth to the order and peace of our whole Nation and without which all Orders of men are disturbed and injured must be granted to be necessary But without the just inflicting of Punishment as determined all Orders of Men are disturbed and injured Ergo. And That the omission or neglect of a just inflicting of Penalties as determined hath an hurtful influence upon all Orders of Men if we do not unreasonably deny our senses and experience we shall prove immediately 1. With all submission we shall presume to consider That an execution of Vindicative Righteousness makes the Rulers honourable and without this their Persons become despicable and their Authority contemptible Vindicative Righteousness is the glory of a Ruler it begets an awful reverence and fear toward him from all his Subjects The conspicuity of this makes a man more excellent than his Neighbour This made every ear that heard Job to bless him and every eye to bear witness unto him and every knee to bow to him because he broke the Jaws of the wicked and plucked the Prey out of his Teeth Without this Executing Vengeance when Rulers are cool and indifferent and connive at open sins it must create a suspicion in others that they are ready to countenance them Men can hardly forbear to entertain low and dishonourable thoughts of that Governour when they see he takes no Vengeance upon the open Transgressor They are ready to think He is unworthily accounted above his Fellows who shews not his love to Righteousness by his open hatred to Wickedness Without this activity of the Ruler he hath for the most part among his People the same fate the great Logg had that fell into the Lake among the Frogs at its first fall they trembled and hid themselves but at length observing it stupid and inanimate they crept up upon the top of it and insultingly croaked over it Like a Scarr-Crow at whose first sight hurtful Fowls flock about and wonder at it but perceiving it dead and unaciive then Terrour vanishes and they impudently sit upon the top of it and defile it Thus punitive Righteousness exalts and renders Honourable but Indulgence and Impunity of sins are Reproaches to the Rulers of any People Again I humbly propound it to Honourable Rulers consideration That their Indulgence to any open sin entitles them to the guilt of the same sin They have fellowship with the unfruitful works of darkness that do not reprove them Poor Old Ely good enough in other things for ought we read by his Indulgence to his Sons sins contracts that guilt that he dreadfully suffered for GOD by his Prophet told him That he had despised him and set his Sons above him 1 Sam. 2.29 30. and by Samuel he is expressly told his Iniquity which he must know viz. His Sons had made themselves vile and he restrained them not And let this be seriously thought of That he who acts a sin may be catched suddenly in a surprizal through the prevalence of a Temptation but he that deliberately consents to anothers acting can hardly find a tolerable Excuse He is inexcusable who knowing the judgment of God that they who commit such things as are worthy of death not only do the same but take pleasure in them that do them Faciens Consentiens eâdem lege tenentur Qui tolerat aliena peccata cum tollere potest facit sua Religious Magistrates ought to take heed that they do not make Rebellious mens sins theirs by Connivance or Indulgence who have too many to answer for of their own Again as Indulgence in Rulers makes them guilty of sin so it makes them liable to the Judgment of GOD. This is plain in good Old Ely's case his gentheness and lenity to his Sons proved cruelty to himself and made him the sad object of the Anger of God For God is known and honoured when Judgment is executed And they that honour him in this shall be honoured and whoso despise this shall be lightly esteemed And what Ruler that is guilty of this sin in sparing whom God would have punished but must tremble when he reads the Sentence of the Lord by his Prophet to Ahab when he spared Benhadad 1 Kings 20.42 Because thou hast let go a man out of thy hand whom I appointed to utter destruction therefore thy life shall go for his life and thy People for his People I truly honour but dare not flatter those Rulers God hath set over us and therefore I presume to put this into their remembrance that toleration and suspension of Penalties may be