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A79995 The civil magistrates povver in matters of religion modestly debated, impartially stated according to the bounds and grounds of scripture, and answer returned to those objections against the same which seem to have any weight in them. Together with A brief answer to a certain slanderous pamphlet called Ill news from New-England; or, a narrative of New-Englands persecution. By John Clark of Road-Island, physician. By Thomas Cobbet teacher of the church at Lynne in New-England. This treatise concerning the christian magistrates power, and the exerting thereof, in, and about matters of religion, written with much zeal and judgement by Mr. Cobbet of New-England, I doe allow to be printed; as being very profitable for these times. Feb. 7th. 1652. Obadiah Sedgwick. Cobbet, Thomas, 1608-1685. 1653 (1653) Wing C4776; Wing B4541; Thomason E687_2; Thomason E687_3; ESTC R206875 97,858 126

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example is shewed that abuses even in externals are by all means to be reformed in which matter godly Magistrates are to lend their help to the Ministers that as they by preaching so Magistrates may even by external repurgation remove those things which are repugnant to the regular worship of God But as for that Christ did it appertaineth not so much to his Priestly Office as to his Kingly Marlorate on the place from this that Christ as well by fact as word casteth out Temple abuses saith They are hence taught who have received authoritie from God in the Church how they ought by work as well as word to purge the Church Although they know the corruptions as superstition idolatrie and such like have taken deep rooting in the hearts of the wicked For therefore hath the Lord armed their hands that they might take chief care of his worship Master Dyke writing upon this fact of Christs purging the Temple and having declared how this fact of Christ was not imitable as Christ did thus as the Sonne of God he propoundeth this question how far forth this fact of Christ is imitable And Ainsworth men are either publick persons or private publick either in the Magistracie or in the Ministery As for Magistrates they being Christs Vicegerents as God in special manner the imitation of this fact belongeth to them For God hath given them the sword not to let it lie rusting in the scabbard but to strike and he hath put the whip into their hands to scourge withall c. Then he sheweth how Ministers in their way of preaching are to doe thus and then how private men in their way of prayer and sighings but not by other violence are to be doing this way Musculus upon Iohn 2d. 13. 14. 15. 16. 17. upon that he found in the Temple as soon as Christ came into the citie saith he he visiteth the Temple This should be the first care of all godly ones not of Pastours onely but of all Magistrates whatsoever that the Kingdome and worship of God be sought after And upon that and when he had made a scourge of small cords he cast them all out together with the Sheep and the Oxen he observeth we see by this fact of Christ how distasteful they are and how unsufferable in the Church who under pretence of divine worship exercise merchandize Doubtlesse there were many other crimes by which God was commonly provoked and yet we reade not that Christ used like severitie against them but forthwith he casteth this loathsome plague of such Merchandize out of the Temple Who seeth not hence that those things which concern the Glory and Worship of God are not alone before all other things but with greatest severitie to be purged away and that not without cause since in these sinne is committed against the first Table and under pretence of Divine worship service is done to the Devil and to worldly lusts and beside the plague which ariseth here spreadeth into the whole body more speedily and dangerously then can be imagined Again let such who would have nothing done in a compulsive way against Idolaters and corrupters of Gods worship in the Church but thinke such as doe evil are to be intreated willingly to desist let such answer Why Christ did not here doe thus why he did not meekly request these merchants to carrie their Oxen and Sheep and money out of the Temple None say they are by force to be compelled to godlinesse be it so but are they not by force to be restrained yea and driven away who exercise gainfull trades in the Temple what shall we say that Christ here sinned God forbid he compelled them not to Pietie yet he casteth that merchandize out of the Temple Furthermore they have hence ground to change their opinion who teach that external evils in the Church are not to be taken away unless they be first taken out of mens hearts for according to this Doctrine Christ should first have cast that inward evil of covetousnesse out of the Jewes hearts and then have cast them out of the Temple but we see it quite otherwise in what Christ did here he cast these merchants out of the Temple although they kept their covetousnesse still in their hearts giving hence an example whereby he might teach us that publick evil is not to be suffered in the Church although it cannot be rooted out of mens hearts If any reply It is but vain to remove it out of the Church if it be not removed out of the hearts of men surely saith he Christ knew this well enough yet he did his office having made a scourge he hunted these dogs out of the Temple Snecanus in his Tract de Magistratu he maketh use of this example of Christs purging the Temple with a scourge in his hand to prove the Magistrates power now under the Gospel in matters of both tables Beza in his Tract de haereticis à Magistratu puniendis saith In or by what right did Christ twice take the Whip in hand both John 2. 14. and Matth. 21. 12 13. by what right did Peter kill Ananias and Sapphira by what right did Paul strike Elimas blind what by that of the Ecclesiastical Ministry surely no unlesse you would confound the Jurisdictions therefore by the right of the Civil Magistrate for there is no third Yet I acknowledge this power put forth by Ministers of the Word was in them extraordinary and the manner of exercising it after a sort divine but I prove that though the Lord doth not alwayes make use of the help of the Magistrates yet in all ages he doth make use of the Power whereof the Magistrate is the onely ordinary Minister according as himself seeth it meet for the preservation of his Church Now then if any object against this example as Imitable because Object 1 Christ did this as God or at least as the Messiah It is answered first That Civil Rulers are Christs Vicegerents Answ 1 considered as God and are therefore called gods Psal 82. 1 6. and said to judge for God 2 Chron. 19. 6. and called the Ministers of God Rom. 13. 4. the ordinary publick Avengers who are to take vengeance namely in Gods stead to whom alone vengeance doth belong so are they Christs Vicegerents as Mediatour as one that hath all power committed to him in earth as well as heaven Matth. 28. 18. and from him therefore as political head of his people Magistrates power on earth must come Prov. 8. 15 16. by me saith the essential wisdom of God Princes rule hence called King of kings and Lord of lords 1 Tim. 1. 16 17. Rev. 19. 16. yea he maketh Civil Rulers nursing Fathers and Mothers to his Church and so committeth his Church which Esay 49. 23. 1 Tim. 3. 15. is his house into their hands as those who in their civil officed way are every way to further its welfare What Christ did here immediately as an act appertaining
politicall Justice by the civill Sword upon such as are grosly corrupt in matters of Religion It is to him as a Sacrifice as a Supper If any say that was Old Testament surely this is New Testament Doctrine and that with Jesus Christ himself commended to John to communicate to his Churches If such Acts be in their own Nature acts of persons for the Lord or on the Lords side or if as a very acceptable sacrifice to the Lord then It is so now would not underminers of Magistrates power this way have godly Magistrates for the Lord and on his side now as well as formerly or to do him such choice service which may be to him as a very sacrifice now as well as then Besides such as are zealous this way in doing such acts of civill Justice upon corrupters of Religion and persons grosly corrupt in Religion such as were Antichrists Abb●tters and followers they also are said to be with the Lambe or on his side Revelations 17. 14. And they that are with him are called and chosen and faithfull and Chapter 19. 19. They are called Armies And those not rude prophane souldiers but as before called chosen and faithfull or the Armies which were in heaven followed him persons of heavenly Spirits aimes and conversations arrayed in white single sincere hearted ones in the cause of Christ nor will this be evaded As meant of a Spirituall way of fighting against Antichrists Adherents by the sword of Christs mouth taken onely for his Word and his sword considered onely as a Prophet or taken for his Word applied in sharpest Church censures of Excommunication of them and so his sword of his mouth considered as King of the Church but it is by the Temporal sword of Christ considered as King of Kings and Lord of Lords For therefore in this war It is his blessed Motto as I may say and that which he giveth in his Banners King of Kings and Lord of Lords This sword also is in some respect the sword of his mouth for as Supream over all civill powers he sentenceth that whore and beast of Rome with his Adherents to such a doome to be executed by such as have power under him and from him to avenge his quarrells by the Temporall sword which onely are civill Magistrates Romans 13. 4. He giveth the word of Command to them and biddeth them smite and the judgement so executed it is the Lords according to the expression Deuteronomie 1. 17. The retinue of Antichrist fight not against Christ his Lawes and Subjects onely by dogmaticall and doctrinall weapons or such like but as Revelation 17. 14. By external violent wayes and weapons they have their Captains their mightie men their horses the Fowles also are called upon to devour not their soules but their carkasses Revelalation 19. 17 18. which surely are slain by that opposite Armies by like wayes of violence without which so great temporal forces and power would not be brought to become meat for the Fowles And this punishment upon persons so corrupt in matters of Religion is in the dayes of the New Testament set forth as so renowned and acceptable a piece of service to the Lord. To like purpose Esay Prophesieth of these dayes of the Gospel Esay 66. When the glory of God shall be declared among the Gentiles Verse 19. When they shall be brought to his Holy Mountain or Church Verse 20. yea When some of them shall minister to him there Verse 21. When there shall be a new face of all things Verse 22. And all flesh shall come and worship before the Lord Verse 23. Now will the Lord judge with his sword all flesh and his slain shall be many Verse 16. Namely Of such as sanctifie and purifie themselves in Gardens eating unclean things as the Swine and Mouse alluding therein to the forbidden meats of the Jewes Leviticus 11. These shall be consumed together even these that are corrupt in matters of Religion shall be punished by Gods sword As Verse 16. Not alone immediately but mediately even by the civil Magistrate who beareth Gods sword for that end And as Verse 24. Expresseth this punishment to be corporal is their carkasses which others shall look upon and so hear and fear That speech Canticles 2. 15. Take ye us the Foxes the little Foxes which spoile our Vines for our Vines have tender Grapes Is of weightie consideration here Some would have it to be spoken to the Ministers of the Church but there is no reason so to restrain this indefinite speech some would have it to be the voyce of Christ some of the blessed Father Sonne and Spirit most agree that it is to be referred either to God or to Christ the owner of the Church Now the word Take ye 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In the most usuall and proper rendring of it signifieth an externall forcible taking as with the hand or something equivalent As when David tooke the Amalekite and after slew him 2 Samuel 1. 10. So when the men of Gilead tooke the Ephraimites and after slew them Judges 12. 6. So when the Philistims took Sampson Judges 16. 21 And so when Babylons Children are commanded to be taken and slaine Psalme 137. 9. The same Hebrew word is there used As it is likewise used of Moses his taking the Scrpent by the tail Exodus 4. 4. Of Jacobs taking his brother by the heel Genesis 25. 26. Of Sampsons taking the Gates of Gaza Judges 16. 3. Of Abrahams taking the Ramme by the hornes Genesis 22. 13. besides divers like instances of forcible taking and therefore the Hebrew word is rendered by the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the New Testament is constantly used of such forcible taking Twise of taking Fishes John 21. 3. 9. Sixe times of their taking of Christ which at least they desired and intended John 7. 30. 32. 44. and 8. 20. and 10. 39 and 11. 57. Of Peters taking by Herod Acts 12. 4. Of Pauls taking at Damascus 2 Corinthians 11. 32. which yet both narrowly escaped Of the taking of the Beast and false Prophet Revelation 19. 20. And never but of an externall taking as with the hand And indeed such externally forcible taking must needs be most proper to the nature of the resemblance in that Text of Canticles which is the taking of the Foxes which spoile the Vines Evident then it is that this taking of the Foxes there injoyned is not to be restrained to Church Officers acts if at all understood of them but must be referred to such at least whose place and work it is to act in an externally forcible way of taking or of restraining and punishing such Foxes which spoile the Vines or Churches of Christ compared to Vines Psalm 1. So Esay 5. Matthew 21. John 15. Some would have these Foxes to be errours heresies and other hurtfull offences against the first or second Table which must be thus restrained and punished in the Actours and Authours of them Others
Mahomet this also should be Christs Kingdom in a special respect because they tolerate all religious and amongst others the true Christian Religion Surely then by the Saints praises here for this authoritative service and subjection to Jesus Christ before mentioned it appears to be in the dayes of the New Testament not alone lawful but a praise worthie blessing of grace A fourth Reason of that assertion is taken from the zeale Reason 4 foretold to be in inferior Christians in the purest times of the Gospel whereby they should provoke civil authoritie to such a work as the use of the civil sword to curb and punish persons notoriously guiltie of corruptions in Religion Zacharie prophesieth of times when those both of the ten and of the two tribes shal be brought on to Christ and their Rulers with them whence such holy mourning of that Tribe of Shimei and of the other families yea and of all the land together with that of the inhabitants of Jerusalem Zech. 12. 10 12 13 14. compared and as that in the people so in their Rulers those of the house of David mourn over Christ crucified also verse 10. and are such as the Godly can safely confide in vers 5. 6. Now in that very day and time when it should be thus with them as the Lord will purge them by the bloud of Christ from their sin Zech. 13 1. so in the same dutie shal they be all zealous to purge the land from all corruptions in Religion which may provoke the eyes of Gods glory Zech. 13. 2 1. and if notwithstanding exemplary punishments that way mentioned verse 2. Any under pretence of the name or of ground from the word and counsel of God shall hold forth false Doctrine then as verse 3. If any shall yet prophesie or speak lies in the Name of the Lord his father and his mother that begot him shall say unto him thou shalt not live for thou speakest lies in the Name of the Lord and to shew that it is no rash threatning of capital punishment for such false Doctrines they will be active also to bring them to condigne punishment for so it followeth His father and his mother that begot him shal thrust him through when he prophesieth Nor can these punishments of corruptions in Religion in persons notoriously guiltie thereof be meant of punishments immediately Divine by some immediate stroak of God or Christ for the father and the mother in some cases thrust them thorough verse 3. In other cases they are branded and wounded in the hands by their friends verse 6. Nor yet are they ecclesiastical punishments or censures here spoken of for what have Churches or any Church members as such to doe to slay persons or to thrust them through or to inflict upon any delinquents visible corporal punishments such as leave their marks in persons hands as verse 3. and 6. expresse Nor yet are these corporal punishments of such persons meerly aeconomical and parental corrections of their children in a private way unless any will say that even in times wherein godly civil Rulers who put forth their civil power of the sword against open enemies Zech. 12. 5 6. are to be had and made use of godly parents may execute death upon their children for holding corrupt Doctrines without making use of civil authoritie for that end It remaineth therefore that the punishments here mentioned are such as are of a civil and political nature by the use of the authoritie of the civil Magistrate whereas even godly parents and friends shal be active and shal in a sense punish them after that manner of witnesses against them having been convented convicted and censured by lawful civil authority alluding to that Deut. 13 6. where when a man or womans son or daughter c. should be themselves corrupt in Religion and seek to corrupt others they were not to conceal or spare him but they were to kill him verse 9. which is expounded by that following Thine hand shall be first upon him to put him to death and afterwards the hands of all the people which is further expounded in a like case of capital punishment of a persons worshipping Idols c. Deut. 17. 2 3. As he must die for it upon legal proof ver 5. 6. so verse 7. It s said The hands of the witnesses shall be first upon him to put him to death and afterwards The hands of all the people So that a private man or woman in such cases did regularly stone and kil another as giving in casting evidence against him for his fault and then as witnesses by order of that politie did cast the first stone at him and so killed him and as much and no more is here held forth as orderly in the dayes of the Gospel This use therefore of the coercive and vindicative power of civil authoritie in matters of the first Table is the more observable as that which wil be called for by the Saints in the best times and likewise exercised by godly civil Rulers even when the Jewes shal come home to Jesus Christ and observable it is who it is that ingageth that these things shal be so done even the same Jehovah mentioned Zech. 12. 1. Who saith verse 10 That he will powre out the spirit of grace and supplication upon them and they shall look upon me whom they have pierced and they shall mourn for him which John applieth to Jesus Christ the Son of God John 19. 17. and Rev. 1. 5 6 7 This same Jehovah saith Zech. 13. 2. I will cause the Prophets and the unclean spirit to depart out of the land By Prophets are understood such as vers 3. Prophesie lies in the Name of the Lord. By the unclean spirit is meant that pack and knot of corrupt Teachers which then shal arise to hinder that glorious work of the puritie of the Religion of these times by their several false Doctrines so 1 John 14. 1. Trie the spirits namely the Teachers or the Doctrines of your Teachers and every spirit that confesseth c. That is every Teacher that so confesseth figuratively noting the effect for the impulsive cause every Teacher and the Doctrine he teacheth cometh from some spirit either pure and holy as is the holy Ghost or unclean and impure as is the Devil Hence corrupt doctrines called doctrines of Devils 1 Tim. 4. 1 2 3 4. Now Christ here ingageth to curse his peoples land to be rid of these false Teachers so that so far as political Governours in the civil sence of the converted Jewes shal rid their land of such false Teachers whether they doe it by banishment or death according to their several demerits the Lord Jesus owneth their juridical vindicative acts as his acts he causeth this That Government is Christs Government as John phraseth it Revel 11. 15. he banisheth when they do it he killeth them and thrusteth them thorough when they do it or if their punishment run not so high but
the other as they come under other political 2 Chron. 19. 8 9 10 11. respects Nor is either Court clear of that Guilt unlesse both Courts in their several wayes as several witnesses of Christ do bear their respective Juridical and Authoritative testimony against the same If you grant such power to Civil Authority you make them Object 2 Lords over peoples faith and conscience and that is onely Gods peculiar to reform or restrain or punish conscience and Paul though an Apostle and more then another ordinary Officer he disclaimeth this 2 Cor. 1. 24. not for that we have dominion over your faith God that of old injoyned such restraining and punishing Answ 1 of Idolaters Seducers Blasphemers and Prophaners of his Sabbath Deut. 13. 9 10. Chap. 17. 5 6 7. Numb 15. 32 33 34 35 36. Levit. 24. 11 12 13 14. and Christ that requireth the taking of such Foxes did he injoyn Civil Authority thereby Cantic 2. 15. to Lord it over mens faith and conscience Surely none dare say so or did Asah who 2 Chron 14. 4. commanded Judah to seek the Lord c. Lord it over their faith or did Josiah who did compel some to stand to their Covenanted worship of God 2 Chron. 34. 32. he made all that were present to stand to it and vers 33. he made them serve the Lord their God and 2 King 23. 20. he slew the idolatrous Priests there did he therefore sit in Gods Throne of mens consciences and Lord it there surely then he had never been so renowned for it as he is but blamed rather and say not this is Old Testament for if it be in it self a lording over mens consciences to require persons to carry it orderly before the Lord in his worship with their outward man and neither to hold forth or expresse in any scandalous way what is contrary therunto or if they do to punish them for it It is of this nature wheresoever it is or whensoever it is found times of Old or New Testament make no difference in the nature of things What is in it self tyranny or murther is so It was so then and is so now and if so now it was so then Yea if it be in it self Lording over conscience to punish grosse corruptions in Religion for which men pretend conscience then if Churches in a Church way punish hereticks cut them off from Church communion or deliver them up to Satan they lord it over mens faith and consciences they would force others to believe as they do believe when yet those others professe that in conscience they cannot do so and so will force other mens consciences But will any say that this is forcing conscience or lording over it verily then Thyatira had not been so much to blame or why doth Jesus Christ blame that Church for suffering Jezabel to vent her corrupt doctrines especially in such lesser matters as eating things sacrificed to Idols Rev. 2. 20. if Thyatira might reply Jezabel professeth her self a Prophetesse to be extraordinarily inspired to have the Spirit promised in Joel poured out on her one of the Lords handmaids whereby she prophesieth and so to hold forth what she doth out of conscience to the dictates and manifestations of the Holy Ghost in her spirit and conscience besides the matters are of no great weight to eat things sacrificed to Idols which Paul himself made a matter of indifferency in some cases 1 Cor. 8. chap. 10. Rom. 14. And should we not let such blind guides alone in their seducing of other blind ones like themselves as Matth. 15. 14. they were required or if we should deal with them and force them out of the Church for such matters of conscience shall we not seem to force mens consciences and to lord it over that which is thy peculiar to manage and over-rule even conscience Besides if such Church restrictions of the corruptions in Religion or punishing of them Ecclesiastically when yet they are matters of conscience be forcing of other men to our belief and forcing mens consciences why are Churches to censure hereticks first by that censure of Admonition once or oftner and after that of excommunication Tit. 3. 10 11. or why did not Paul himself let Himeneus and Alexander alone or why is he so earnest that such false teachers who troubled the Galatian Churches might bear their Ecclesiastical Judgment and be Ecclesiastically cut off Gal. 5. 10 12. 2. It hath been declared already how such Rulers do therein act but as Gods Ministers and by vertue of their office and charge from God and de Jure do not restrain or punish what seemeth to be crosse but what is evidently crosse to the Word of God according to the third Conclusion and so they do restrain and punish that only which if others had any conscience as we say they would refrain from as first Forbidden by him even God and Christ who is Lord both of their Faith and Conscience too and will one day be a Judge of both and in the mean while doth make lawful Civil Powers his Substitutes and Ministers and under-Avengers to execute wrath upon him that doth evil Rom. 13. 4. the Lord maketh no exception in their Magisterial work but speaketh indefinitely if corrupt persons in Religion even as they hold forth such corruptions in word or deed be evil doers the Lord ordaineth Civil Rulers to be Ministers of his vengeance against them albeit he himself be an avenger and could execute divine vengeance upon them immediately as he is Supreme Lord of mens Consciences 3. It hath been already said in the sixth Conclusion that the use of such Coercive power in punishing it is to be after due means of conviction first used which being used and yet persons persisting still in their evil wayes they are according to Gods own Censure accounted as persons self-condemned or condemned in their own consciences Tit. 3. 10 11. so that their punishment then is not lording it over their consciences but a just censure of persons sinning against their Consciences If this power be so exercised it would make Christians servants to men or like their servants they must be forbid this or Object 3 that and if not obedient then punished now 1 Cor. 7. 23. we are charged not to be servants to men First The Lord of old required as much as now we plead for did not he then and thereby make his Saints of old servants Answ to men albeit they as well as we were bought with the price of Christs blood Secondly such a like Argument if of any force would also undermine Church restraints and punishments of corruptions in Religion for it will be said the Church is but a Society of men they forbid this or that to their members which if they obey it not they censure them and will any become such servants to men Thirdly It is evident that now also men may be servants to men 1 Tim. 6. 2. Ephes 6.
5 6 7 8. Tit. 2. and yet in a sense they may not be servants to men whether Family-Masters or State-Rulers namely in way of base servile compliance to mens vain humours to the sinful lusts of their wills or carnal Fancies of their minds if either Masters or Magistrates will forbid what they please and not what God would have them be not the servants of men better obey God then men Act. 4. 18 19 20. yea but when according to the former Conclusions they forbid and punish onely what their Lord and Master and yours also injoyneth them now you shew not a servant-like spirit to your professed Supreme Lord and Master if you submit not Grant such Power once and it is the way to make Christians Object 4 either basely to dissemble or else to do something against their consciences 1. As much might be said against that way which that Answ State took 2 Chron. 15. 12 13. they made this order that whosoever would not seek the Lord should be slain this Asa took courage to do by the prophesying of Oded vers 8. and as a fruit of this the Lord gave them rest round about vers 15. Josiah also he caused his Subjects to serve the Lord their God 2 Chron. 34. 33. this made the subjects either dissemble or sin against their consciences or if Churches assay to cast out blasphemers or trouble-Churches Gal. 5 10 12. 1 Tim. 1. ult they will but cause them either to dissemble or else sin against their consciences 2. According to the former Conclusions the Magistrate restraining and punishing things crosse manifestly crosse to the Word he punisheth onely such things which men out of conscience should avoid and the Magistrate also punishing such transgressours after due means of conviction the persons now punished become sinners against their own consciences and is punishing sin or sinners against conscience a means or cause in it self to make them either to dissemble or else to sin against conscience what more ridiculous The use of such Coercive power is to introduce an external Object 5 compulsion of persons to grace and truth when perswasion is rather to used 1. That godly regulated Rulers they are wont to injoyn the Answ use of all perswasive means to the Saints as the use of the Ministry of the Word amongst their Subjects that none may plead excuse we have had no instructive meanes to draw us on to the wayes of the Lord. So did Jehoshaphat 2 Chron. 17. 7 8 9. after which he sends forth Judges to censure offendors against God or man or both 2 Chron. 19. 5 6. 2. Even before they do actually sentence offendors they use all means of Conviction Conclusion sixth and consequently perswasion is used with such wherefore this maketh nothing against what we plead for 3. If the Objection argue ad idem it stands thus persons may not cannot be outwardly constrained by men to grace and true faith therefore they may not be externally restrained from ungodly practices such as venting of pernicious and blasphemous doctrines quite crosse to the Faith of the Saints the very naming whereof is a sufficient refutation of it This is to make the weapons of our warfare to be carnal and Object 6 not spiritual contrary to that 2 Cor. 10. 4 5. and to make Christs Kingdome of this world We might answer that 2 Cor. 10. speaketh not of the use of civil Power but of Church Apostolical Power and rather implieth Answ that though the weapons of Apostles and Churches considered as Apostolical and Ecclesiastical are of a Spiritual nature yet there are others who have weapons for suppressing of sinne by other means and wayes even by weapons which in some sense may be called carnal namely as contradistinct to Spiritual that is weapons of an external and corporal nature such as men make use of to exercise or establish their political jurisdiction over others But the answer is easie First if this argument be of force against Magistratical power in punishing open sins of the outward man against the first Table it is of like force against their punishing of such sins against the second Table Christs Kingdome being not of this world in way of punishing the sins of the one more then the other and Apostles and Churches having power from Christ by spiritual weapons to avenge all disobedience whether against first or second Table 2 Cor. 10. 6. 1 Cor. 5. 12. 3. 4 5. It would follow that Magistratical weapons must be used against neither sort of sins Secondly when Christ himself did use carnal instruments to curb and convert those Temple abuses and corruptions in Religion John 2. 13 14 15 16 17. yet did he not cross himself in his speech John 18. 36. My Kingdom is not of this world nor did he cross this in 2 Cor. 10. 4. which he spake by Paul Thirdly though Jesus Christs Kingdome of which he spake to Pilate before whom he was accused of assertation of a Caesarian kingdome and dominion John 19. 12. were no such kingdome nor he any such terrestrial Monarch yet that hindreth not but that both as God he ruleth over all Nations and as God-man all power is committed to him Matth. 28. And he is King of earthly kings and Lord of lords Revel 19. He by and from whom the Princes doe rule yea All the Judges of the earth yea by whom it is that such Princes do decree Justice even any just Lawes against open sins acted by the outward man against God or man first or second Table or any just censures against the same for so saith Proverbs 8. 15 16. By me Princes Decree justice that which giveth every Subject his due incouragement or punishment Yea he who taketh to himself his Kingdome in special form when the kingdoms of the earth become his or are subservient to him in establishing and vindicating his Royal Lawes and Institutions so far as they come under their view Rev. 11. 15. 17. compared This is a way to let in false Religions and corruptions in worship since Rulers may seek to restrain and punish all purity of Doctrine and worship and to constrain Christians to the contrary as do Popish Rulers and the like If the Objectors argue ad Idem they argue thus that to restrain Answ and punish grosser corruptions in Doctrine and worship is a way to bring in corruptions in Doctrine and worship And will not any blush to argue thus The exercise of such coercive power in matters of Religion Object 8 is the way to bring in persecution for Christs cause and for a good Conscience sake The limiting of civil peace as of dutie only to punish things manifestly crosse to the Word and that after due means used Answ 1 of information and conviction is rather to lay the bonds of God upon them to restrain them from persecuting the Saints for a good cause or conscience If accidentally any enemies to Pietie or Truth will take occasion thence to pervert and
Because man cannot force either the mind or heart wherein Conscience partaketh either to think judge or chuse after their mindes or Laws other than what themselves chuse though they may force the outward man Nebuchadnezar doth his pleasure with their bodies in Dan. 3. yet ver 17 18. they will not serve his Gods 4. Because men cannot reward Conscience with any reward suitable to it as inward peace or comfort c. in case of obedience to their Laws God alone giveth soul-comfort 2 Cor. 1. 3. 5. Because men cannot punish the soul and spirit thought it should disobey their commands they can onely kill the body but not hurt the soul Mat. 10. 28. 6. Because if mens Laws of themselves bound Conscience then at the day of Judgement men should not be judged onely according to the Word and Laws of God and Christ as is affirmed Rom. 2. 14 15. John 12. 48. but according to mans Laws also 7. Because it is possible that mens Laws though supposed to be according to the Word yet they may not really be so Now if mens Laws did formally bind Conscience then men should stand Conscience bound sometimes to transgress the rules of Gods Word by virtue whereof alone all mans Laws do bind True it is that Rom. 11. 3. Subjects are to obey Authority for conscience sake but not as out of Conscience to mans Laws as humane but by virtue of the fifth Commandement requiring honour of subjection to their Superiors lawfull Authority and commands and by virtue of any such particular Scriptures upon which any particular Laws of Churches are grounded Now let us lay down some positive Conclusions about this Nomothetique power Concl. 1. First then in the general we affirm That highest Civil Authority in a Religious State may make Political Laws properly such about matters of Religion and matters respecting the Churches of Christ R. 1. Because supreme Political or Civil power of Authoritative keeping the first as well as the second Table is the Civill Rulers both duty and privilege But Nomothetique power about both Tables is such supreme power And hence the King and Judge in Israel is charged with keeping the whole Law of Moses Deut. 17 19. 1 Kings 2. 3. Josh 1. 7 8. Hence that Coronation Ceremony of delivering the Book of God into the Kings hand when to be installed in his Throne 2 Chron. 23. 11. Hence 2 Chron. 13. 10 11. For we even King Abijam and the rest of his Princes and others keep the charge of the Lord our God but you have forsaken him Why did Abijah minister to the Lord in burning Incense c. No he expresly saith the Priests did it How did he and the rest of the Civil State keep the charge of the Lord Surely in a way opposite to Jeroboam and the Israelite states forsaking the same as the opposition of the one to the other in the Context sheweth now this was by Authoritative commanding the setting up of corrupt Priests and injoyning the corrupt Worship and Service and inhibiting deposing and banishing the fruitfull Ministers of Gods appointing 2 Chron. 13. 9. and chap. 11. 14 15. Hos 5. 1 2. 11. compared Abija's keeping then with his Princes that charge of God was by a contrary Improvement of his Authority in establishing the matters of God and of the Church and of the Ministry thereof and the Ebrew text is Emphaticall VVe have kept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the keeping of the Lord our God God required the highest Ruler to look to it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he keep all the words of this Law King Abijah saith we have kept the keeping of the Lord our God or the keeping of Gods Laws injoyned us by the Lord our God Now Nomothetique power in matters of the first as well as the second Table is supreme Politicall power in keeping of both Tables Ergo Nomothetique power in matters of both Tables is the Civill Rulers dignity and duty why else is the Law-giving power Indefinitely considered respecting matters of Religion or righteousness annexed by God to the Scepter or highest Civill power in a State of his own appointment Gen. 49. 10. Papists indeed generally give Nomothetique power in matters of the Church and of Religion to the Pope as the head of the Church and no wonder in that they give him Supremacy above highest Civill Rulers as Emperors or Princes other Papists give that Legislative power to the Church Representative in Synods and no wonder in that they exempt the Clergy from the secular Arm unless first degraded and delivered to them by the Pope but we that know that Church Officers and Members as that of Rome was must be subject to higher powers and that for conscience sake to the Lord who hath so Marshall'd as the Greek word beareth it them and us making them as Laws in an Army to lead us the way and according to this great Generall of the fields order Politically to choose out our way for us Job 29. 25. Rom. 13. 12. we may have learnt better things We know that when God commended his Laws about Religion at first to his People allthough he had Aaron the High Priest as well as Moses the highest Magistrate before him yet Aaron must not promulge those Laws and give them in charge Autoritatively to be kept or else in such and such cases to be corporally punished but Moses the Magistrate is chosen to be the man Manifestly shewing thereby that the care of Civill Injoyning and ordering the matters of God formerly injoyned by himself is committed by God to the chief Magistrate and to no other when Moses was dead and Aaron both God took the like course he layeth not the charge of highest Politicall keeping both tables even all his Law upon Eleazar the high Priest or upon the rest of his Bretheren with him but upon Ioshua the chief Judge and Civill Ruler Iosh 1. 7 8. R. 2. If Highest Civill power may and must root out all abusive practise yea Monuments of Religion then may they make Edicts decrees to that end with reference to Civill punishments of such as maintain or uphold them But the former is true therefore the later The proposition is evident since the Politicall Humane Law must Politically legally give force Authority to such proceedings and leave the Actors and Abettors the more inexcusable The Assumption is evident by the rule of Gods proceeding in Church-Reformations Esay 1. 25. God saith there to the Church I will partly purge away thy dross and take away all thy Tin even all Church corruptions and corrupt mixtures in Religion what course will God take for this end he saith verse 26. I will restore thy Judges as at the first and thy Counsellors as at the begining after that c. they should be then such as their first Judges were Moses Ioshua c. who were zealous that way Exod. 32. Numb 22 and such like as their first Sanhedrin of 70 Elders
way it is according to the Mind and Word of God And this now sayd may help also to take off another Objection Obj. 2. Some object That then Heathen Kings as they are Civill Magistrates have right to make Laws about matters of Religion and of the Church although not able to doe it not knowing the Matters of God or of Churches and not Members of the Church and so not censurable by the Church which were to make a King-Pope to give out Laws to the Church and not to be censured by the Church Ans 1. We especially intend the Conclusion of a Magistrate regulated according to the rules of the Word of God whose Minister he is and so the Civill Magistrate is no Heathen or Ignorant of Religion or out of the Church If he be otherwise it is his sin that way See more pag. 48. 2. Although the Civill Magistrate fail in that part of his duty that he knoweth not the Lord who girdeth him with that Princely girdle yet that sin in that particular doth not wholly Is 45. 1. 4. 5. excuse another sin of omission of another duty namely Authoritatively to keep the first second third or fourth Commandement Rulers may be Ignorant of many matters of the second Table and disabled so far from making good coersive Laws about them yet both are sins of omission In both he hath a right essentially and actu primo but in respect to the execution of that Nomothetique right in reference to matters of the first or second Table he hath that power virtually onely 3. Heathen Kings not of the Church and not censurable by the Church may give out Laws to the Churches under their jurisdiction touching matters of Righteousness and Honesty yet that maketh them not King-Popes no more doth the other Nebuchadnezzar might as commendably make a coerfive Law upon civill penalty against the Jewish Church Officers or Members under his jurisdiction as execute any such corporall punishment upon them both for false Doctrines vented by them under pretence of Gods name a sin against the first Table as also for committing Adultery for a Law made that way doth leave the subject more inexcusable and had been no other than a politicall Legislative Sanction of the Laws of God whose Minister considered as a civill Magistrate he was the Lord himself by law having made such sins capitall Deut. 13. 5. Lev. 20. 10. Now that exemplary act of Justice in Nebuchadnezzar upon a member of the Jewish church under his jurisdiction as well for false Doctrine as for Adultery is renowned and a form of Imprecation thence borrowed Ier. 29. 22 23. The Lord make thee like Zedekiah and like Ahab whom the King of Babylon rosted in the fire because they committed adultery with their neighbours wives and have spoken lying words in my name which I commanded them not even I know and am a witness saith the Lord. 4. When Heathen Kings come to know their duty in matters of the first or second Table and accordingly they establish Laws about Religion they doe it not now by any new right when Christians and knowing Christ no more than a Parent becoming Christian and knowing Christ giveth out parentall commands to his children with respect to bodily corrections if they do not such and such Religious duties doth this by any new Parentall right which he had not intrinsically when Pagan The case is alike in those Fathers of the Common-wealth 5. Heathen Kings whilst Heathen may and must make Laws about the matters of God and his Religion so far as their right guiding light extendeth else should they hold the truth of God in unrighteousness now it s certainer that they whilst Heathen have or may have much light so as to see into matters of the true God and of his Religion 1. By the light of Nature Heathens know and have known that there is a God that he is one God that he hath made all men as his Offspring that he is to be worshipped according to his spirituall nature that he is to be called upon that he is not to be blasphemed nor belyed nor called to witness in a false thing that images of him are not to be made that men are not to take his name in vain by rash or false Oaths that some time is to be set apart for his Worship and the like Rom. 2. 14 15. By the work of the Law within their hearts many things contained in the Law may be and have been done 2. The light of Gods Works both of Creation and Providence may help them much this way Rom. 1. 18 19 20. see more Ezek. 36. 23. 36. 38. 16. 39. 21. 28. The notable Providence of God rescuing by his Angel Shadrach Meshach and Abednego from Nebuchadnezzars fury for not worshiping his Idoll of gold made him make that coersive Law mentioned Dan. 3. 28 29. Therefore I make a Decree that whosoever shall speak amiss of the God of Shadrach c. shall he cut in pieces c. 3. They may have some common light of the Spirit that way communicated by means of some of their godly subjects whence such expressions of that Darius mentioned in Ezra 6. 10 12. and no wonder then he make that penall Decree ver 11. Also I have made a Decree that whosoever shall alter this word let timber be pulled down from his house and being set up let him be hanged thereon and let his house be made a Dunghill 4. None will deny to Pagan Princes a right of Authoritative praising and incouragement of such as doe well in regard of duties either of the first or second Table to which also God in speciall wise stirred up the spirit of Cyrus the first Ezra 1. 1 2 3 4. Though he knew not the Lord savingly then Isaiah 45. 4. 44. 28. compared And why shall not Heathen Rulers have a right with like latitude of respect to first or second Table to be a terror to evill doers by making coersive Laws for that end so far at least as their right guided light extendeth yea we have shewed before divers of them are in Scripture commended for this So that the truth hereby is further strengthened thus That which Heathen States Kings and Princes remaining Heathen have done and been commended in Scripture for doing it as Princes or higher Civill powers that must needs be essentiall to them as higher Civill powers and imitable by others in like Civill power but as hath been formerly declared such use of Legislative power by Heathen Higher powers as Higher powers making coercive Decrees in matters of the Religion of the true God hath been commended in Scripture therefore such use of the Civill Legislative power is essentiall even to Heathen Rulers and imitable by all others in like Civill power Obj. 3. God hath left others to Govern and Feed his Church 1 Cor. 12. 28. Eph. 4. 8 11 12 13. who must give an account of their soules And the
Civill Magistrate is not among those Officers which Christ hath left to edifie his Church nor is he a Preacher or Expositor of the Scriptures What should the Civill Magistrate doe governing them or seeking to edifie them or expound Scriptures to them by such Law-making in matters of Religion or of the Church Ans 1. Church Governours are in an Ecclesiasticall way to watch over and censure Church members for matters of the second Table as well as those of the first Table and by this Argument therefore Civill Rulers may not watch over govern and censure Church Members in matters of the second Table neither because there are others by Office to doe it Ecclesiastically and he is not reckoned among them 2. Civill Magistrates as well as Church Officers are Rulers Elders Watchmen Shepheards over Gods people and flock and therefore in a Politicall way are to rule over watch over yea to feed the people of God and to hold forth the same by their wholsom Laws and Executions in matters respecting both Tables 3. The Magistrates end being matters of Piety as well as Honesty 1 Tim. 2. 1 2. And he being a Minister of God even to Gentile Churches Officers and Members for their good and so most of all for their best Spiritual good as externally held forth helped exercised or expressed Rom. 13. 4. and being charged with the things of God and the Church 2 Chron. 13. 10 11. he is in his politicall way to attend his charge to look to the externall fulfilling of it at least yea in so far is he charged as a politicall Father and Shepheard with his incharged or Christian subjects as his politicall children and flock commited to him Ezek. 34. 9 10. I will require my sheep at the Shepheards hands the Princes as well as the Priests hence the sins of Church Members in Church matters are charged upon their Civill Rulers as their sins when the people neglect their Ministers Nehemiah 13. 10. he chid the Rulers ver 11. saying why is the house of God forsaken when there was such buying and selling upon the Sabbath ver 15 16. Nehemiah saith ver 17. Then I contended with the Nobles of Judah and said unto them what evill thing is this that ye do and prophane the Sabbath 4. Their Laws are not Ecclesiasticall expositions of Scripture but the mind of God in the Scriptures being in ordinary and orderly way first sought and had from the body of the ablest and best guides and lights in the Churches in their Jurisdiction conclusively declaring the Law and rule of God touching the question their Laws about matters of Religion are Civill Sanctions under Civill rewards or punishments of such Laws of God so declared and commended to them And by the execution of such Politicall Laws others may and should be edified honour and fear and learn to do no more so wickedly Deut. 13. 10 11. Some delinquents themselves even some false teachers shall acknowledge as much thus was I wounded in the house of my friends Zac. 13. 4 5 6. 4. Object The Church hath sufficient power to attain her ends within her self what need Civill coercive power in matters of the Church Ans 1. The Church hath that power in matters also of the second Table sufficient to attain its ends offending Members therein yet none will therefore make Civill coercive power in such matters needless 2. The State as well as Church is injured by witchcraft by perjury by schism and other sins against the first Table and notwithstanding the Churches power Ecclesiastically to attain her ends the State must have its defensiue and vindicative power Politically to attain its ends too the good of safety and peace of the Subjects and so both perfect within their own Spears 3. When the Church hath gone to her utmost extent of power in casting out Blasphemers Seducers Perjured persons Scismaticks c. yet they may do more hurt in Church and Common-wealth than before unless Civill coercive power help The Church may attain her ends in an Ecclesiastiall way and yet the Civill State not hindred of attaining its ends in a Politicall way but both polities be reciprocally helpfull to each other The Civill polity ratifying the Churches cases by Civill Laws and punishments the Ecclesiasticall polity lending help to State and Common-wealth cases by declaring the Laws and rules of God and by reasonable administration of Church censures upon her delinquent Members Conc. 2. That in matters of Religion which are doubtfull and not so directly plainly and expresly laid down in the word Civill Authority in purer times of the Church must call for the Counsell of the Churches at least of the Officers of the Churches under their Jurisdiction who are most faithfull and able to give Counsell therein and they are bound in conscience to follow what they according to God do clear up to be his mind in all such matters of weight about which they do inquire not alone as that which such a Synod or Assembly of Church Officers do determine that way is for the matter of it according to God but as it is given in the way of an Ordinance Namely of the Counsell of a Synod of the Officers and Ministers of the Churches whereof they as regulated Magistrates are Members Whose Counsells unto them are Ecclesiastically Authoritative Counsells And herein also Godly Rulers do lick the dust of the Churches feet in attending faithfully to the well grounded Counsells of their Pastors not alone distributively given in their respective Churches but collectively also when joyntly delivered in a Synod Herein also Church power Ministreth help to the Common-wealth Ecclesiastically as the Common-wealth administreth help to the Churches Civilly in exerting its Politicall power in framing Civill Laws answerably to their Counsells Deut. 18. to 13. The Counsell and sentence of the Priest or Councill and Assembly of Priests delivering the mind of God in doubtfull matters was to be required and followed Joshua the chief Magistrate must stand before Eleazar the Priest who should ask Counsell after the Judgement of Urim and according to his word from the Lord they were to go out and in Num. 27. 21. Hence Iehoshaphat according to that Law for that end Deu. 17. 89 10. Placeth at Ierusalem some of the Priests and Levites and chief Fathers of Israel to be for the Judgement of the Lord and for controversie not meerly in point of doubtfull actions as between blood and blood 2 Cron. 19. 10. But in point of doubtfull rules according to which Civill decreees and sentences also were to be regulated causes between Law and Commandement Statutes and Judgements Onely that Councill is limited to Gods word they must still warn them that none Trespass against the Lord. True it is something peculiarly Jewish was in this whence that Law of Capitall punishment to such as presumptuously disobeyed their sentence Deut. 17. 12. But there is something also for our learning and instruction held forth therein not alone