all actions becoming a Christian Commonwealth then so far the Christian Magistrate hath power more or less so far as may conduce to the due maintaining of the being or well-being of a Christian State and therefore is to be conservator unriusque Tabulae he hath the conservation of the second Table committed to his care that it may be a civil State of the first that it may be a Christian State And therefore as a Family is to preserve the honour and justice of the Moral Law by an Oeconomick Sanction and the Church by an Ecclesiastick so the civil State by Civil Sanction each according to their just derived Laws whereby they are respectively to govern and distinctly to administer § 19. The great Question here is How far the Magistrates power extends in the making and execution of Penal Statutes We have shewed that the Lord Jesus hath not reserved to himself so neer a propriety in the government of civil States as of his Church having taken it as his peculiar Prerogative to give Laws unto his Church and presides there as the only Legislator But unto States he hath onely given them the Magna Charta of the Moral Law and hath allowed unto them a Legislative power in all matters concerning the various Exigences and divers Requisites with attending Circumstances in the due management of State-jurisdiction so as the said Laws are promoting of the common Peace and Justice of their Dominions and deducible from and founded on the said Rules of Distributive and Commutative Justice § 20. The Laws of men that are just and reasonable may take place in all things conducing to the being and well-being of a Christian Commonwealth both as to the matters of the first and second Table so far as is necessary to the managing of it under the due qualifications of a civil State and therefore may not onely punish crimes committed against the second Table but such as are against the first also And there are these especially that they are concerned in 1. Blaspheming of the true God under which is comprehended common profane swearing transgression especially of the third Command 2. Worshipping of false Gods a sin against the first Commandment 3. Idolatry or the worshipping of God by Images a sin against the second Commandment 4. Prophanation of such times as is by God appropriated to himself for publick Worship a sin against the fourth So that these are palpable as to matter of fact clear as to the nature of the offence and of dangerous consequences tending to the eminent ruine and apparent danger of a civil State § 21. In the concernments of the second Table God hath left the civil Magistrate more Arbitrary in making or executing civil Laws as the necessity of the State doth require laying the general Rules of Moral Justice and the particular and relative benefit of the Commonwealth and Subject before his eyes Now in the matters of the first Table being the moral Rule of duty towards God he onely requires the Magistrate to punish and restrain those Vices in this kind that are notorious infectious and pestilent to a Christian Commonwealth in matters of natural Worship reserving instituted Worship built fundamentally on the same precepts to another manner of dispensation wherein the civil Magistrate is not to intermeddle as such neither as to Legislation nor Execution of Penalties nor deligation of Officers § 22. As Murthers Rapines Adulteries Perjuries c. are destructive to Properties Communities and Relations and so to all civility in a State where such Vices predominate and are not generally suppressed by Justice it cannot be denominated a civil State but rather a Pagan Salvage nation So where false Gods are multiplied and worshipped the true God is blasphemed openly and notoriously and all times for publick Worship of him by his own appointment prophaned publickly and generally And such Vices not suppressed by Magistrates such a State cannot be called a Christian civil State but Heathenish whatever moral Justice there is between man and man § 23. Though all sins be alike breaches of Gods Law yet none but those of a more gross external and exemplary nature fall under the cognizance of mans Justice The Blasphemy Profaneness and Concupiscence of the heart are not punishable by man it must come to the Magistrate per allegata probata that such an one blasphemed God worshipped an Idol prophaned the Name of God by swearing c. and that openly either in contempt of that God that is worshipped or that Worship set up or in order to the delusion and seduction of others for it would seem very hard to break into the private houses or appartments of Idolaters that may dwell in the land and proceed judicially against them for that Religion which they are peacibly retired to without any endeavour to publish or prvpagate to the disturbance of the publick or infection of others But no Magistrate ought to suffer that God to be openly blasphemed which he worships If Heathens in a false Worship are zealous upon this account how much more ought Christians Though no Magistrate can enforce any Subject to worship his God or ought to do it by a Penal Law as hath been said yet he may punish him for blaspheming him or for seducing any from the Worship of the true God yea for Apostatizing from the Worship of the true God after he hath owned it Precepts and Persidents in the Old Testament are pregnant to these purposes which I need not enlarge on those that read the Scriptures are acquainted with them But we finde no Precept nor Example for endeavouring to reduce a poor Heathen from bare Idolatry to the Worship of the true God by pecuniary Mulcts and corporal Punishments and I am sure Christ never practised it nor commanded it in the New Testament § 24. The great difficulty that yet attends this case allowing the Magistrate a power as such in some matters concerning our duty directly to Godward what are adaequate and proportionate Penalties in such cases as these for the Magistrates power is always insignificant whatever the Law is if there be not a Penalty annexed to it and vigour in the just execution thereof Now the Enquiry is Of what kind and degree of punishments of such Transgressions ought to be Answ I apprehend it is a hard thing to determine to all mens satisfaction I know some have recourse to the proceedings of the Judicial Law which was but the reduction of the Moral Law into Civil Practice for the State of the Jews and look upon them as binding to Christian Magistrates But I suppose the Judicial Laws to be rather presidential onely that Christian Magistrates may take a measure thereby for the degree of Penalty setting aside their different Emergencies of State and extraordinary cases when God would make one sinner in a case exemplary to all ages by his Prerogative and special Command as in Achans theft and the prophanation of the Sabbath by picking up of
Legislative Power Chap. 5. Concerning the nature of Conscience Chap. 6. Concerning the dominion of Conscience Chap. 7. Of the strong and weak Christian Chap. 8. Of Scandals and their natures Chap. 9. Of Necessities and Indifferencies Chap. 10. Certain Propositions concerning Necessities and Indifferencies Chap. 11. Of Christian Liberty Chap. 12. The first Question handled about things indifferent Chap. 13. Of the Power of the Church in things indifferent Chap. 14. A Digression concerning Subordination of Pastors in the Church Chap. 15. Of Magistrates power in matters of Religion Chap. 16. Of the use of the Magistrates Sword in the execution of Ecclesiastical Justice Chap. 17. Of the limits of the Magistratical power in matters of Religion Chap. 18. Of a Christians duty in case of humane Laws in matters religiously indifferent Chap. 19. Of Humane Constitutions in the Worship of God besides the Word Chap. 20. Of the united Power Legislative of Church and State Chap. 21. Of Decency and Order Chap. 22. Of Imposition of Ceremonies Chap. 23. Of Obligation to a Form of Prayer ERRATA PAge 12. line 3. for when he by his Law read when man by his Law P. 13. l 3. for immediately r. mediately Ibid. l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 31. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 24. l. 9. for obedience r. such obedience Ibid. l. 26. for Masters r. Master P. 25. l. 37. dele The in the most certainly P. 35. l. 13. dele They. P. 36. l. 4. for our r. your P. 44. l. for just and equal r. justly charged P. 45. l. 3. dele thereof P. 48. l. 20. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 53. l. 27. for duty r. guilt Ibid. l. 12. for in religious service r. religious service P. 85. l. 24. for c. r. and. Ibid. l. 39. for Co-ordination r. Subordination P. 88. l. 35. for Nation r. Nations P. 93. l. 8. for by Assemblies r. assembled P. 100. l. 21. r. unlawful in the Worship of God P. 112. l. 33 dele therefore that P. 114. l. 16. r. and sound in his principles P. 125. l. 19. r. of what hath been said is Ibid. l. ult for consequentially r. consequential P. 128. l. 11. for thught r. taught P. 140. l. 2. for and Christ hath r. and hath Christ P. 152. l. 17. for prophane use of them r. prophane manner CHAP. I. Of the Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto § 1. THat there is such a thing as Christian Liberty none pretending to a true information in the Doctrine of the Gospel of Christ I suppose will deny neither need I make it my present task for to prove But the great Contest for many Ages hath been about the true Nature and Extent of this Liberty Some stretching the bounds thereof larger than Christ ever did intrenching on Civil and Moral Laws opening thereby a gap to Licentiousness and the violation of the bonds of Humane Societies in Magistratical Rule and Government Others curtalizing and abridging the said Liberty not allowing it those lawful extents allotted thereto by Christ audaciously depriving his poor Members of many Gospel-Priviledges and Advantages granted them by Charter from the Supreme King and Lawgiver Civil and Antichristian Powers still making it their business to spy out this Liberty and their great designe to bring them into Bondage § 2. Calvin observes Duplex esse Regimen in Homine alterum Spirituale quo Conscientia ad pietatem cultum divinum instituitur alterum Politicum quo ad Humanitatis Civilitatis officia quae inter homines servanda sunt homo eruditur Jurisdictio Spiritualis Temporalis i. e. There is in Man a twofold Government the one Spiritual whereby the Conscience is instructed unto Piety and the Worship of God The other Political whereby a man is taught the Duties of Humanity and Civility which are to be observed between man and man a spiritual Jurisdiction and a temporal Which Observation hath Moral foundation and an Evangelical ratification the whole of a Christian being comprehended under these two Heads of Duty charged upon us by the Old and New Testament towards God and towards our Neighbour On the first of which Christ hath by his peculiar Legislative Power over his Church established the whole Oeconomy thereof On the latter he hath chiefly raised the edifices of Civil States and Humane Societies where he hath allowed a latitude of Legislative Power unto the Sons of men as unto his Delegates and Substitutes in earthly Rule and Government Unto both of these Jurisdictions he hath laid on man a firm Obligation by planting his Moral Light in Conscience so that he cannot start from either of these Duties without starting from himself as our first Parents did in their Transgression and all others in putting forth the poyson of that original blot in actual sins of Omission or Commission all which are but irregularities or nonconformities to this Moral obligation laid on Conscience either manifestly so or easily reducible thereunto For whatever is a trespass against the revealed Will of God for Duty in Moral Obedience or instituted Worship is a sin not but that Instituted Worship is fundamentally Moral Obedience but is therefore in some sense distinguished from it the serving of God according to his own appointment being the principal part of the Moral Law because God hath according to the several states of his Church altered the mode and manner of his Worship as he hath thought it best in his Wisdom and as hath bin most suitable to the several ages and states of his Church which alterable or altered Circumstances being the product of Christ's Prerogative alone are called his Instituted Worship § 3. Hence both these Jurisdictions are Primarily and Morally subjected to the King of Kings he orders disposeth of and rules in the Kingdoms of men as well as in his Church and hearts of men yea by ruling Heart and Conscience as well as by disposing Providence he rules Civil States and subordinate Societies but the manifest difference is here that God's political Rule in the Kingdoms of the Earth and humane States is more remote and mediate but that of Church and Conscience being Spiritual is more proximate and immediate He only gives general Laws to Civil Societies and leaves a limited Legislative Power as to particular collateral and incident cases to humane Governours substituted providentially by him To these he leaves the immediate administration of Rule and Government as to an Executive Power altogether and as to a Legislative Power in a great measure but hath reserved the immediate administration of Rule in his Spiritual Dominions to himself alone as to Legislation in his Church and both Legislation and Execution as to Conscience § 4. These two Modes or Degrees of Administration must not be confounded together Man must have no greater share in Rule and Government than
to the manifested will and intendment of the Law-giver Therefore the power of Execution is always a secundary and derived Power in respect of the Power of Legislation because it supposeth a Law made and the will of the Law-giver to put it in practice which Will is the ground of Execution but is not actually begun till the promulgation and a positive injunction binding unto practice and is compleated either in performing acts of obedience and receiving the Law-encouragements this is chiefly on the part of the Subject or in case of disobedience by executing the vindicative part of the Law which belongs to the substituted Executioners to do and the Subject to submit unto So that all Laws are satisfied in obedience and giving the stated reward thereunto which satisfaction Ergo partly depends on the Subject partly on the Ruler executing or they are dissatisfied in disobedience therefore righting themselves in executing the minatory part on Offenders Hence all Laws are capable of being satisfied or fulfilled as to their whole intent and purpose one of these ways in Active or Passive Obedience on the part of the Subject and the faithful discharge of the executive Power by Governours in the due distribution of rewards and punishments § 10. Hence Executive Power is Obediential or Judicial Obediential is an executive ability in the Subject bound for by his obedience unto the Law he executes and fulfills the will of the Law-giver most properly as to the first intentions for the first end of the Law and designe of its Maker is actual Obedience and both in the Command and Penalty annexed And in this sence the meanest Subject doth put in execution the Law of his Soverain at lâ—â—st in administration of commutative Justice towards the Magistrate in rendring him his own as well as towards his Fellow-subjects in doing justice to them § 11. Judicial executive Power is when the Law-giver or his Substitutes judging of Obedience or Disobedience as to matter of fact do judicially determine the same by and according to the true intent and meaning of the Law and finding Obedience distribute the due rewards and encouragements thereunto and judging of Disobedience omissive or commissive do inflict all penalties in such cases by the Law provided The faithful discharge of which Trust belongs to Governours and is rightly called Distributive Justice CHAP. III. Of Christ's immediate Legislative Power § 1. THough Christ be King of Kings and Lord of Lords in respect of all the Rulers and Principalities in the world visible and invisible yet there is a special Dominion reserved to himself as peculiar in many respects so in this that he hath not committed the management thereof to others in juridical affairs in two respects viz. in Legislation and in Deputation of executive Ministers This is a Diamond in the Crown of his Prerogative as Mediator and sole head of Conscience and Church which he purchased and cleansed with his Blood § 2. That unlimited Supream Power which is every where ascribed to God is Christ's not onely as God the second person in the God-head but as Mediator God-man constituted by the Father Head over the Church and over all things to the Church see Ephes 1.21 22. Matth. 28 c. Ergo he exerts this power not onely as Creator but as Mediator and as such a Legislative power belongs to him not onely properly and primarily as being the political Head of his Church but secundarily for its sake he exerts such a Power over all Societies in the world and having this supream Legislation in his hands he can make what Laws he please and substitute others to what Law-making-power he pleaseth to entrust them with or determine how far in that kinde they may act at their discretion or arbitrement So that Christ rules his Kingdomes either by his own immediate Legislative administration or mediately by inferiour limited Law-givers he rules by himself or by others § 3. His immediate rule is especially to be considered as more General or more Special as he is Creator or as he is Redeemer God as Creator of all natural Agents he onely can command his Creature what it must do in order to those ends for which it was created and this government of natural Agents is in a sense of a Spiritual nature proceeding in a spiritual manner from a glorious Spirit for spiritual ends viz. the glory of Gods Soverainty Power Wisdom Goodness c. all the Creation praising him and ascribing Glory and Honour unto the Lamb which Glory is subordinated to that which shines forth more resplendidly in his Church and he disposing all things in order to his advancement therein to the highest honour and dignity this Government of Christ may be said to be a spiritual Rule and Government § 4. This General Government may be consider'd as he rules intelligible or non-intelligible Creatures these he rules by the Instincts of Nature which may be and are called his Statutes and Ordinances which are no other than the impression of the Will of him that made them As in a Watch or any piece of curious Mechanism the minde of the Workman is plainly read in all the parts thereof He ruleth intelligible natural Agents such as Angels and Men by higher Laws What the Law of Angels is we shall not discuss now nor determine but that they are Govern'd by a Law I doubt not but may be proved both from the sin of them that fell and otherwise for where there is no Law there is no Transgression The Law ruling Men as rational Agents is a Law of Manners ruling all humane motions that are cum electione for some natural motions in man are per necessitatem Naturae as the running of the Blood in the Veins c. but these are under the Gubernation of natural Instinct And as God fastens his Law of Nature by instinct on the unintelligible Agents so on Agents per electionem he fixeth his Moral Law by Natural Conscience which is a kinde of rational moral Instinct whereby the very Gentiles that have not the written Law are in a great measure convinced of the nature of it and their Duty in obedience thereunto Rom. 2.13 14. and in this sence he enlightneth every man that cometh into the world Joh. 1. and from this Law of moral Light closing with natural Conscience ariseth accusation or excusation according to the obedience or disobedience yielded thereto whereby Christ in a manner rules in all men at least laying a claim to his right of Dominion so much disowned and rejected by the prevailing Law of sin and this may be ascribed to Christs spiritual rule it being his peculiar Prerogative to govern in Conscience and notwithstanding sins rebellion in all natural men yet Christ there retains his seat of Judicature and as he judgeth and condemneth now so he will by the same Law prove them unexcusable at the last day § 5. The more special immediate jurisdiction of Christ is his most proper
spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
and discouragement of Evil-doers 4. That in the faithful discharge of this trust they are Gods Ministers attending his work § 3. As the King of Kings hath given Magistrates their power so he hath set them their bounds of Government insomuch that they be not Plenipotentiary but are liable to the Law of the supream Law-giver which they may transgress in respect either of the Laws themselves or of persons subjected to them In respect of the Laws two ways in Law-making or Executing In Law-making these ways 1. When they presume to enact such Laws as directly cross any of Christ's Laws either the Law of Nature to enjoyn unnatural things or when he by his Law shall contradict the Moral Law or any Appendix thereunto Or lastly controul the Laws of Christ for the Oeconomy of his Church i. e. in making any Laws to obstruct the execution of Christs Laws according to his revealed Will. 2. He may transgress in Law-making by entrenching on the Legislative Prerogative of Christ either in respect of Moral Obedience or Instituted Worship or any Forms or Rites thereto belonging 3. In failing to Enact such useful and necessary Laws as are needful and requisite for the right ordering or management of the Common-weal or particular Subjects under his Dominion He may fail and transgress in Law Executing either in a slack or careless execution of good Laws or undue application of them or partial distribution of Justice by them all which is Injustitia or he may fail in too vigorous and extreme prosecution and so be guilty of Summum Jus which since the Fall is Maxima Injuria because there is no allowance or abatement for the natural failings and weaknesses of the Subjects obeying § 4. As he is liable to transgress as to Laws so also as to persons 1. By a partial Execution of Justice with respect of persons 2. In pressing the power of his Law further on persons than Christ ever permitted as in endeavouring to impose on Conscience and bring it into thraldom by forcing men to ambiguous Oaths Declarations or Subscriptions 3. When he useth his Power for the obstructing and hindering the Members of Christ in the use of those Priviledges or lawful Liberties granted them by Christ himself § 5. Whence it appears That the Civil Magistrates Jurisdiction is limited to the Civil State and to all persons and things considered in a Civil capacity And thus far he hath Power over the persons of Christians and particular Churches whilst Militant so far as they are persons and Societies laying claim to Civil Rights and Priviledges or capable of doing or receiving wrong and injury being men subject to Passions and Failures with the rest of Mankinde A Christian is subjected as hath been said to a twofold Jurisdiction Internal and External Internal respects the Jurisdiction of Conscience or God's ruling man by it and here is an impossibility of any third persons interposing between God and us The External Regiment to which a Christian is subjected is Political and that by God's Ordination is twofold viz. Of the Body Civilly Politick and Spiritually or Ecclesiastically Politick this is subjected immediately to the Ecclesiastical and Spiritual Gubernation of Christ alone the other iâ—mediately under the Rule of the Civil Magistrate Now the contest between these two Polities hath been the Original of most of the Trouble in the Christian World Since Christ's presence here on Earth it hath always been mans presumptuous Ambition to sit in his Throne more or less Sometimes Secular Dignities assuming to themselves Legislation in matters of Divine Worship whence hath arose so great Persecutions from Magistrates because Christ's Followers refused to betray or deliver his Prerogative into their hands and judged themselves bound to obey God rather than man Again sometimes usurping Officers in the Church pretending to a derived Power from Christ have assumed the place of Christ himself in and over his Church justling him as much as in them lay out of his Throne hence hath arose the Antichristian Vsurpation tyrannizing not only over Bodies Politick but over Conscience it self and as a just Judgment on Civil Powers which will not kiss the Son but break his bonds and abuse his Churches and Members have bin permitted by Christ to set their feet on the necks of Kings and Governours of the Earth the intolerable burthen the Earth groans under and hath done for many Ages and were they but removed each into its proper sphere i. e. were but the Churches of Christ eased of Civil Usurpations in some Nations and Commonwealths from Ecclesiastical in other and Conscience delivered from the rapes wrongs and injuries insolently offer'd to it from both the Christian World would become such a Paradise of Felicity that scarce yet hath bin since the Infancy of the Gospel-Church and without such reducement of the World to the due Liberties of Church and State we cannot enjoy that worldly Felicity which a good man is capable of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand A good man aiming at Felicity Would either dye or at his home live free CHAP. V. Concerning the Nature of Conscience § 1. Having thus far briefly enquired concerning the Jurisdictions a Christian is bound in Duty to submit unto viz. Christ's and Caesars and though he is conscientiously to subject himself unto both yet Christs Authority is to be preferred and he is to have his due in the first place because all others who derive all just and rightful Authority from him are limited by him and must give an account unto him Therefore we say with the Psalmist Give unto the Lord O ye mighty give unto the Lord the Glory due unto his Name And as commanded by Christ Seek first the Kingdom of God and the righteousness thereof c. § 2. The first thing then here to be done is to vindicate the Soveraignty of Christ both in the persons of particular Christians and in Ecclesiastick Bodies Politick in both which he hath reserved the Legislative Power to himself and never yet committed it to any other And first of his Power in Conscience and that it may the more clearly appear that Christ only rules in Conscience it is needful we a little explain the Nature of Conscience and then proceed to prove that the Jurisdiction of it belongs to Christ alone § 3. Conscience taken strictly secundum notationem nominis is a Knowledge together i. e. A mans knowledg of himself and his actions together with another who knows the same with him or as some think the knowledge of his Actions together with the Rule by which they ought to be squared and directed which knowledge must be placed in the Understanding of a rational Creature Mr. Perkins saith It 's a part of the Vnderstanding I had rather say it is Modus Intellectus for the Understanding acts per totum non per partes This is that Spirit of a man which knows the things that are in a man 1 Cor. 2.11
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or medium off cium quod cur factum sit ratio probabilis reddi potest Cic. off 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 10.23 an indifferency may become a necessity per accidens pro hic nunc and this is an expediency or non-expediency which cannot be properly a medium between a necessary thing and indifferent because every moral expediency is necessary in genere boni moralis pro hic nunc though not pro semper ubique § 7. Things have a Necessity of nature in them when they are so ordained of God the Creator of all things that they should be or do this or that to the compleating their being or welbeing in order to the accomplishment of that end for which he first introduced them and his command unto them the proper catholick rule of every art so to be and do is the law of nature which all natural agents under the conduct of respective Arts and Sciences do receive viz. what they should be what they should do and to what end they should tend all which are undispensable rebus secundum natucam aut regulas artis positis and unalterable by any but God alone and they are his Ordinances for the rule of Sun Moon and Stars c. given by God and cannot depart from before him Jer. 31.35 36. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if these Statutes be removed from before me hence all Creatures and things should according to their first constitution have kept their regular Motions to the best ends Supream and Subordinate and so all good though since the breaking in of the Curse upon the Creature for mans moral transgression there 's entred thousands of natural evils into the world so that nature hath swerved from its primitive course in many things and run in the crooked channels of disorder and confusion Hence natural indifferencies are such natural Actions Modes and Tendencies of the created beings which may be or not be without any prejudice to the common course of nature without any destruction to the esse bene esse or last end of the Creature As a man may be Tall or Short Fat or Lean of a fair or black Complexion So a Sheep black or white It may Rain or be fair Weather on this or that day The fuel of Fire may be Hay Straw Coal or Wood The Eye may look on this or that Object The Understanding contemplate this or that truth The Will chuse this or that good and infinite other varieties that nature sports itself in without any distraction or so much as wrong to the necessities of nature or breach of any of the Laws or Rules thereof § 8. Things or Actions are politically necessary or indifferent when they become necessary by subjection to some Law of Polity or indifferent by being void of limitation by that Law Political Necessities and Indifferences are either Civil or Ecclesiastical Civilly necessary are either when the things or actions themselves have an innate tendency to the order of civil Societies or the exercise of distributive or commutative justice flowing from the influence of the moral Law diffusing itself through all natural Consciences and becoming the very Veins and Sinews of Societies or when according to the discretion or prudential arbitrament of the civil Magistrate agreeing to the constitution of the Government a civil Law is enacted where it bindes is civilly necessary and that which it leaves unbound is civilly indifferent and neither good nor evil in respect of that Law Unto this Head may be referred Oeconomical necessities and indifferences of which we may have some such analogical understanding which I shall not now stay upon § 9. Some things and actions fall under a spiritual political consideration and are Ecclesiastical pertaining to instituted Worshp to the Government and Discipline of Christ's Body-politick which is his Church and these are Levitical or Evangelical Levitically necessary where such things which were commanded by the Ceremonial Law the revealed Will of God for the order and manner of his instituted worship in the Jewish Church under the Pedagogy of Moses Levitically indifferent where those things that were left undetermined by the ceremonial Law might be lawfully done or not be done according to discretion § 10. Things or actions Evangelically Ecclesiastical are also necessary or indifferent Necessary when they have a determination of political good or evil laid on them by the Law of Christ for the management of the affairs of his Church under the Gospel Things in respect to the Church-constitutions are also indifferent when they are not declared by the Law of Christ to be of any necessary concernment to the being or well-being of the Ecclesiastical Polity All Ecclesiastical Institutions are founded on the Moral Law but are distinguished from the Moral Precepts by the name of Instituted Worship because God ordained the Moral Law to be a rule of Obedience under all the ages of his Church but Christ hath reserved to himself the prerogative of altering instituted Worship at his pleasure as it shall appear to his wisdom to be more agreeable to those several ages and great ends that he designes the attaining of by the Oeconomy of his Church Militant in the world and the great and principal change that he thought good to make was when he changed his Church-discipline from Oeconomical to National and from National in one Nation to particular Congregations in all Nations whither his Gospel should be dispersed This last change of instituted Worship we are under and it stands constituted by the Laws of his own promulgation by himself immediately when here on earth and by his Apostles after his Ascention inspired with his Spirit extraordinarily commissionated by his Authority From under this last Ecclesiastical Constitution we must not we dare not start till his second coming the date of its continuance being fixed by himself CHAP. X. Some plain Propositions concerning things Necessary and Indifferent § 1. HAving thus briefly described and unfolded all sorts of Necessities and Indifferences requisite to our purpose and ranked them to several Heads that we might not be mistaken in the following Discourse when we speak of any of them distinct from the other We judge it now convenient in the first place before we come to argue the matter in controversie to lay down a few general Propositions to the intelligent Reader whereby the nature of these things will further and more clearly appear 1. No created beings or actions had any thing of moral necessity or indifferency antecedent to a moral Law for where there is no Law things cannot respect it as good or evil and if the two extreams cannot be without a Law neither can the middle be in respect to the said Law and if some things are not made morally good or evil by commanding or forbidding other things cannot be morally indifferent as to good or evil 2. Though things have no indifferency antecedaneous to a Law and without respect thereto
in their circumstances and therefore cannot be determined but pro hic nunc and must be liable still to no other judgement than that of Discretion Those things that Christ hath left under it cannot by humane Laws be removed from it therefore indifferent things may be agreed on by common consent in Congregations or by the Officers thereof according as the expediency or conveniency appears unto them and for so long and no longer Hence they cannot undergo the Title or Denomination of a Law but onely of prudential Rules which have no binding reason for observation but the continuance of the agreeing circumstances as it may be judged most convenient by the Church to assemble at such an hour so long as the days are of such a length but when that circumstance alters then it may be more convenient at another Many such instances may be given and no Church can walk comfortably as long as any Authority undertakes to prohibit them of this liberty of their Prudentials in all such matters of circumstance and alterable appendixes to the worship of God CHAP. XII Wherein is handled the first Question about things Indifferent § 1. THe first Question that seems to offer itself to be so this Whether a religious Gospel-Indifferency ceaseth to be so when any thing is positively and certainly determined as to its practice by humane Authority Explic. By religious Gospel-Indifferency I understand as before-mentioned any thing or action which circumstantially adheres to the worship of God and may be used or omitted or altered according to the judgement of discretion without any transgression of a Law of Christ Again this we acknowledge that a thing may be determined as to Expediency by a Society or lawful Authority but not imposed as a standing and binding Law but being commended by the judgements of many concurring conscientiously studious of the minde and will of Christ it carries the more force along with it to perswade us at least to present acting till by further and greater illumination we be otherwise enclined Nay if any thing be determined by those that are in Authority and proposed as their judgement according to their light received not Magisterially but Demonstratively onely convincingly enough as to the Expediency it carries with it the force of a Law unto Conscience not of man but of God man being a Candlestick onely to hold forth that Light and binds it to submit thereunto But otherwise if men in authority undertake to make a Law that a thing in itself by Christ's Law left indifferent i. e. to Christian discretion to do or omit shall become an absolute necessity or an expedient necessity and according to their will and opinion binde Inferiours to the constant practice of this by a penalty We affirm that a religious Gospel-Indifferency notwithstanding all humane authoritative determination changing it into a necessity keeps its pristine indifferency and remains the same to a Christians Conscience and practice The proof of this Assertion follows § 2. Argum. 1. That power that can change Gospel-indifferencies into Gospel-necessities can also change Gospel-necessities into Gospel-indifferencies but no humane Authority can do the latter Ergo not the former The Assumption will not be denied by any Protestant it being a presumption of the highest nature for humane authority to pretend to dispense with or null any of the manifest Laws of Christ The Major is also evident because it must be an Authority of the same kind to make and null a Law of the same kinde If it be said a humane authority may make a Gospel-indifferency necessary genere civili the Answer falls far short for we speak of Laws of the same kinde having equal force upon the Conscience for a Civil Legislative power can as well null any Law of a civil nature onely as it can make it So if Man could make Moral Laws he might as well null those which he hath made or dispense with them at pleasure as make new We must always allow a Soveraign Prerogative to Supream Law-givers in any kinde as to promulgate so to abrogate or dispense with their own Laws at pleasure And if it be said that those Laws that man makes concerning the use of indifferent things necessarily in the worship of Christ are civil onely being onely for decency splendor c. I reply that it cannot be so in the nature of them for it 's the respect and end of a thing that gives it its specifical denomination when it hath none such absolutely considered that which respects and aims at the Gospel-worship of Christ or pretends so to do is or should be a part of Gospel-worship as kneeling is an indifferent gesture a man may kneel when he doth other things besides acts of Worship or according to the Law of Christ he may kneel or stand or use another posture in Worship but when this or that gesture is applied to Worship it 's religious by its Respect Vse and Application but still of an indifferent nature under the Laws of Christ till by some binding Law the Conscience becomes bound up to the use of it in this or that part of Worship Now he that undertakes to binde Conscience here undertakes to make a Law for Christ and to entrench upon the Prerogative of Christ and that such that make such Laws do claim such a power is manifest because they make obedience unto such Laws necessary by vertue of a Law of Christ Let every Soul be subject to the higher power § 3. Argum. 2. If the nature of an Evangelical Indifferency may be changed jure into an Evangelical Necessity by any power besides Christ's then it must be because it 's Evangelically evil that this or that should remain indifferent which Christ hath left so or at least better for the honour of Christ and good of his Church that it should become a necessity i. e. a commanded good or prohibited evil than indifferent to be disposed by the discretion of particular Churches or Christians but there is no true Evangelical Indifferency that hath such a reason for the change of it into a necessity Ergo the reason of the Consequence is this because whatever is altered by a Law is supposed to be altered from worse to better and what is altered by a Law for Christ is or should be made more for the honour of Christ and therefore far better than it was before but it cannot be supposed that any thing that this wise Law-giver left in indifferency to practice or omit according to the judgement of discretion should be more for his honour if it were converted into a necessity by a Law for to say so would be a high impeachment of the wisdom of Christ as it is of a King and Parliament when any shall presume to say they have not made such Laws as are needfull to be made and have left the Subject under a greater liberty than is for the good of the Commonweal or honour of the King To say
not onely to the power of Godliness but to common Honesty and Morality 2. If it had been Political Wisdom or Justice to annex such Penalties to Ecclesiastical Laws of any kind sure Christ in whom are all the Treasures of Wisdom would not have been wanting in annexing Penalties of that kind to his own Laws of the greatest and weightiest concern to his Church 3. We judge of the greatness and weighty concern of any Law usually by the greatness of the Penalty annexed in case of transgression and therefore herein we may apprehend that the Churches own Laws challengeth a preheminency before the Laws of Christ's own composure and would this King of kings make onely Laws of lesser concern and substitute others to make the greater this is absurd to believe 4. It is a great piece of pride in Mother-Church to advance her self so far above the Civil State that the Magistrate should become the Executioner of her Laws for the Law-maker hath always a great priority and dignity above the Executioner If it be replied That the Church onely craves the Magistrates assistance to compleat her Ecclesiastical censures and make them stick closer on upon the backs of Offenders Answ Herein the Church bewrays her own weakness in that she confesseth she is not a compleat Polity neither hath power enough to reform her self or effectually enough to execute her own Laws without being beholding to an Exotick power As if a Master of a Family had not power enough to execute Domestick Laws in correcting a Child or Servant without asking his neighbours leave and calling for his assistance But in case the Church saith as indeed she doth that she goeth to the civil Magistrate by way of Appeal and the said Magistrate hath power at his pleasure to supersede her proceedings This is to set the State above the Church in Ecclesiasticks whereas the civil State is Subordinate to the Ecclesiastick ecclesiastically and the Ecclesiastical to the Civil civilly and both in respect of the exercise of Jurisdiction in each particular Orb parallel or co-ordinate § 9. Lastly such Penalties that cannot answer the natural end and designe of Church-censures may not be annexed or used by the Church but such a Penalty answers not c. The Major is undoubted the Minor thus appears 1. Because the Sword of the Magistrate reacheth but the outward man whereas the end of Church-censures is to reach the Conscience 2. The natural use of Church-censures is the exercise of them in foro Ecclesiae but the Coercive power of the Magistrate may not be exercised in foro Ecclesiae upon any allowable pretence whatsoever CHAP. XVII Of the Limits of Magistratical Power in matters of Religion § 1. THe third Enquiry propounded is concerning the true bounds and limits of the Magistrates power in matters of Religion a great and difficult Question but of very great concern to us that it be rightly resolved I do not expect to be so happy as to give others full satisfaction in it I being not able to do it to my self so far as I would I shall onely go as far as I can and is convenient for this undertaking with all possible brevity and demonstration We spake before in the two former Questions concerning the Magistrates power in matters of Indifferency both Legislative and Executive on the behalf of the Church This Question is of larger extent concerning his whole power in matters of Religion and enquire how far he may and ought to go and how far he may not go i. e. he cannot go without Usurpation § 2. Matters of Religion is a large word and it comprehends not onely Religion it self but all circumstances and attendances thereof which are Indifferencies in themselves neither moraly good or evil but in regard of their tendency and respect they are so Concerning the Magistrates Legislative power in these things we have spoken somewhat already I shall speak no more here of the nature of Religion than to make way for my present Undertaking Religion is usually understood to comprehend all moral Duties and all instituted Worship to which if we adde the aforesaid attending circumstances we use a larger way of expression and call them matters of Religion § 3. The Moral Law is a general standing Rule to all sorts of Actions Persons and Societies of the children of men whereby God himself hath challenged the first right of dominion as of particular men so of all necessary Fabricks of Rule and Government in the world So that all Actions Persons and Societies duely measured and squared thereby are rightly called Religious and the contrary Irreligious Hence particular Domestick Ecclesiastick and Civil Jurisdictions in a Christian Commonwealth are in proper sence called all of them Religious § 4. Religion taken in a stricter and more limited sence is understood of a holy life and conversation of particular Persons and Societies not onely according to the general Rules of moral Obedience but according to the more particular and special appointments and Gospel-institutions of our Lord Jesus Christ whereby he separates unto himself the most choice and peculiar Societies in the world under his proper and more immediate Rule and Government which are called his Church § 5. Therefore 1. The civil Christian Magistrate hath no power in the strict sence in matters of Religion quatenus Magistrate no more than a Heathen hath for though the embracing the Christian Religion doth much capacitate the civil Magistrate as to his inclinations and endeavours for the improvement of his Magistratical power toward the advantage of Religion yet it adds no new power or jurisdiction to him over Churches Families Christians or others for a Heathen Magistrate is as much in his place the supream Head and Governmnour of the Church considered in a civil capacity under his Government as the most Faith-defending Christian or Catholick Prince in the world Neither by his embracing Christianity doth he attain any augmentation of his Magistratical Power Headship or Supremacy A Christian is no more bound as a Subject by the Rules of the Gospel to a Christian Magistrate than to a Heathen or Heretical Magistrate The Rules are indefinite to a Magistrate as such though a Christian Subject will be the better man and Subject and a Christian Magistrate the better man and Magistrate Christianity making every one the better man and better qualified for the performance of the relative Duty of his place that he is set in § 6. Secondly No civil Magistrate can be an Ecclesiastical Head and Governour of the Church as such It 's Christ's Prerogative to be the Supream and to constitute what other Heads and Governours he in his wisdom thinks best But I finde not that he ever made any Magistrate a constitutive Ecclesiastical Head or Governour to his Church virtute Officii for if so in every Christian Dominion the Prince should be the Metropolitan and the true Pastor to that National Church § 7. Thirdly No civil Magistrate can by virtue of
to walk In Gal. 6. he speaks in the verse before of indifferent things Circumcision availeth nothing nor uncircumcision but the new creature and as many as walketh according to this Rule What Rule is that It 's this To put no stress on things indifferent but upon those that Christ hath made necessary to salvation for preserving the life of the new Creature So in Phil. 3.16 so far as we have attained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where it 's to be understood of the one Rule of the Gospel or System of Rules in things necessary for our practice by the special appointment of Christ and so far as Christians have attained to the knowledge of this Canon we are to walk Whence I gather that walking according to Order is in the practice of Canonical Obedience to the Rules of the Gospel that is in a due submission to and practice of all the Ordinances of the Gospel without distraction and confusion God being the God of Order and not of Confusion § 6. Decency and Order is either Civil or Religious by Civil I mean such as are of civil use merely or such rites and modes of action as are used in civil affairs Though these may have a moral and therefore religious foundation yet their Objects Intendments and Circumstances being chiefly Civil and the moral foundation from the second Table we call them Civil and distinguish them from religious Decencies And these are such as have their foundation on the first Table and have God for their Object immediately and manifest End being ordained for spiritual intendments and purposes and therefore external Notes of internal seriousness reverence and consideration of God's Presence Honour and Worship according as revealed and required of us in the Canon of his holy Word And though the mode and order of Actions and Gestures may be the same materially that we use in civil Decencies and Order yet the appropriation being to contradistinct Objects and their purport and designe of the said Actions and Modes thereof they are justly reputed of another nature and receive contradistinct Denominations § 7. Religious Decency and Order is either of merely Moral or of instituted Original Moral and therefore called Natural and instituted Worship are usually and aptly opposed for such as are of Moral Original are comprehended in or directly deducible from the precepts of the Moral Law as all reverent and humble gestures of the Creature before the Creator such as standing kneeling prostration c. which for the most part are onely generally propounded so far as they may hold forth a proportionate external indication of the solemnity of our Undertakings neither may they become any more definite by mans Law than God himself hath determied As for Example No man can make a Law to tye us up to any particular gesture in Prayer as to kneeling standing c. because God hath left it indifferent to a Christians election to govern himself by the Rules of Expediency so he have a respect to the general Obligation viz. that it be such as is reverent and becoming our attendance on God in such an Ordinance § 8. Decencies and Order belonging to instituted Worship are separable from merely moral Worship and required by some more special Commandment of Christ in the disciplining of his Church and they differ as the Oeconomy of the Church doth The Levitical Oeconomy made Levitical Decencies and Order necessary in mode and manner of the Jewish Worship then required in those of Offerings Sacrifices Buildings Gestures Vestures Washings all which as shadows vanished and were actually abolished with the whole substance of the Ceremonial Law when the Body approached And therefore to introduce into Gospel-worship Modes proportionate and adapted to Mosaical Services viz. Priests Ephods Altars Sacrifices c. is contrary to the revealed Will of Christ and an implicite denial of his being come in the Flesh § 9. The Levitical Oeconomy with all its Appendixes being abolished the Evangelical takes place which are determined by the Law of Christ as to the more and less substantial parts of Worship And that we may be distinct about Gospel Decencies and Order we must know 1. That all merely moral Decencies are in force under the Gospel and needs no other Law to ratifie them than the Law of Christ which hath always continued the moral Law and its due circumstantial Attendments under all changes of instituted Worship 2. All Levitical Decencies and Order are abolished by Christ's coming when his Ecclesiastical Oeconomy was changed 3. All Evangelical Decencies and Order as womens being covered and keeping silence in publick Assemblies and such as concern the Word and Sacraments are sufficiently determined by Christ by the precepts or practice of himself Apostles and Primitive Church that we need not betake our selves to Rome or any other pretended Law-making Church to fetch new Prescriptions in order to the compleating of the Worship of Christ And whereas present Innovations of our Pretenders are pleaded for from the Primitive practice I say no more but this that when the Evidence of that Practice appears from God's Word we will not scruple the imitation but being imposed upon us by Tradition mostly through Antichristian hands or at best by very fallible and inconsistent History and if in many things true as to matter of fact yet we finde them not justified by Sacred Authority we dare not assent and consent unto them § 10. Now if the Church knows of any more Decencies and Orders needful to be used under the New Testament and those that are of moral intent confirmed by Christ or Evangelical of his last Institution then let her plead and use her Legislative power if she have any jure in establishing the same and if any shall or doth think notwithstadding that it 's needful to establish new decencies of humane invention by Church-Laws we shall still proceed further to evince the contrary § 11. If decency and order be strained to the largest acceptation in the New Testament's sence they cannot be pretended to be any other than Evangelical decency and order comprehending all moral and instituted decency and order which Christ hath appointed to be used in his Gospel-Church else how should it come to be so for that onely is Evangelical which Christ makes so and calls so every mimical Gesture and antick Vesture that any brainsick Church-man or carnal Priests and Prelates or any Convention of them shall devise and christen with the name of Decency and Order is not Evangelical The Rules and Forms of Worship and Discipline which Christ hath left to his Church are comely grave decent and orderly enough without any additaments and amendments proceeding from mens corrupt fancy and interest § 12. And that it 's not lawful for the Church to make Laws to establish more decencies in the Worship of God than Christ hath appointed or allowed we have proved already if they undergo the lowest consideration as matters of Indifferency I shall onely adde a