FOUR GRAND QUESTIONS PROPOSED And Briefly ANSWERED Wherein is Discoursed The Authority and Duty of the Magistrate in the Matters of RELIGION The Unlawfulness of a Toleration and General Liberty of Conscience The Divine Right of Christian Liberty in Things Indifferent The Unlawfulness of Repealing the Laws against Popery and Idolatry LONDON Printed in the YEAR 1689. The PREFACE IT cannot but be generally understood what an abundance of Heats and Animostties have been raised in the Nation about a Toleration Liberty of Conscience and Repealing the Laws about Religion which have been pleaded for by many whether with greater vehemency or with greater absurdity is hard to say for the Lawfulness of it hath rather been supposed than proved by any For whilst they have been considering how to secure a Toleration and Repeal the Laws that establish Religion they never considered Whether it could be consistent with the Office and Duty of the Christian Magistracy to do either one or the other Tho' such a Toleration and Repealing the Laws doth carry in it nothing less than an Exemption from the Obligation of all Humane Laws in the Matters of Religion which must necessarily suppose no Authority nor Duty incumbent on the Christian Magistracy to take Care for True Religion and the Worship of God which if that could be proved would be indeed the strongest Arguments of all for a Toleration and Repealing the Laws and unless that could be proved whatever Arguments else may be brought for it from other Respects and Considerations they are of no Force if this be taken for granted That 't is against the Duty incumbent on the Government by the Law of God to do it And tho' there are indeed weighty Arguments against such a Toleration and Repealing the Laws drawn from the ill Effects Means Ends of it yet this Argument seems to be most cogent and of greatest force that is drawnfrom the fundamental and principal Cause why 't is Vnlawful namely Being against the Office and Duty of the Christian Magistracy Vpon this Principle therefore I have alwaies been perswaded â—…at not only a general Toleration but Repealing the Laws was â—…orally Vnlawful unless better Laws could be made by the Government to Secure Religion which no man of Sense can think unless such Laws have also a Penalty for What Force or Obligation can Laws have to this End without a Penalty I have therefore in this little Treatise under the following Questions as compendiously as possible proved the Magistrate's Office and Duty about Religion to be Moral and Perpetual and not belonging to the Old Testament Administration only from this as a Principle I have argued the Vnlawfulness of a general Toleration and of such a Liberty of Conscience as is opposed to all Humane Authority and Laws in the matters of Religion yet nevertheless lest any should hence conclude That a Humane Authority can impose Laws on the Church in things of Religion not necessary or commanded by the Word of GOD I have proved the Divine Right of Christian Liberty in things Indifferent especially if the same Indifferences be matter of Doubt or Scandal and That the practice of such a Liberty in Religion in things Indifferent tho' restrained by Laws is no matter of Scandal given nor any Assent to a general Toleration or the Dispensing Power And in the last place I have proved the Vnlawfulness of Repealing the Laws against Popery and Idolatry and Answered the most specious Pretences alledged for it If that which is here briefly discoursed may obtain its designed end to set the Judgments of some men right in those great and weighty points the Author will have his end in exposing the same to publick view which was first composed for his own satisfaction Now to the King-Eternal Immortal Invisible the only Wise God be Honour and Glory for ever and ever Amen Four Grand QUESTIONS proposed and Briefly Answered VIZ. I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion II. Whether it be lawful for the Christian Magistrate to give a general Toleration of All Religions or what Liberty in Religion he ought to Allow III. Whether it be lawful for Subjects to give their Actual Consent to a general Toleration IV. Whether it be lawful for Subjects to Consent to the Repealing these Laws that Establish and Preserve the True Religion Of These in Order I. Whether it be the Duty of Magistrates under the Gospel to promote and preserve by Laws the True Christian Religion BUt before we proceed it will be necessary to lay down by way of Supposition what we understand by Magistrates and what by the True Christian Religion But here we shall not meddle with the divers Forms of Lawful Government but rest satisfied that our own form of Government is either Best in it self considered or at least Best for us By Magistrates therefore we understand chiefly the Supreme Legislative Power of a Nation or of a Body politick not excluding Subordinate Magistrates also within their respective limits By the True Christian Religion we understand the Protestant Religion in those essential matters of Protestant Faith Worship and Discipline wherein it is truly such Now that the Office of Magistracy is founded both in the Law of Nature the Moral Law and also is of a Divine Institution by the positive Command of God I take for a granted Truth and will be denyed but by few All the Question then before us is About the Extent of the Magistrates Power Some will have it now under the Gospel to respect only Civil Matters and Moral Justice between Men but that he hath no Authority in the Institutions of Reveal'd Religion under the Gospel Hence it would follow that he is not oblig'd to maintain by Laws the Gospel-Institutions But the Affirmative is that which I undertake to make good and that by the following Arguments 1. From the Efficient Cause of Magistracy 2. From the Formal Cause of Magistracy 3. From the Final Cause or End of Magistracy 4. From Scripture-Precept and Precedent 1. That 't is the Duty of Magistrates to promote and preserve by Laws the True Christian Religion will appear from the consideration of the Efficient Cause of Magistracy which is no other than God himself Now God may be said to be the Cause and so the Author of Magistracy in a threefold respect viz. By his Law Natural Moral and Positive 1. By his Law Natural implanted and written in the Heart of Man by which Mankind is enabled to know and understand both the reasonableness necessity and utility of Political Government in order to promote and preserve the good of Societies 2. By his Law Moral thus the Fifth Commandment establisneth the Relation and enjoineth the Duties between political Fathers and Subjects as well as between natural Parents and their Children 3. God is also the Cause of Magistracy by his positive Ordinance and Appointment Thus he appointed Magistrates both
Ordinary and Extraordinary under the Old Testament And we find also the Office and Power of Magistracy ratified and confirmed by the New Testament under the Gospel the Apostle tells us That all Powers are of God and that not only by his providential Allowance and Toleration but by his special Assignation and Appointment therefore said to be ordained of God Rom. 13. 1 2. therefore the Magistrate is said to be the Minister of God ver 4. Hence we find that all that Justice which the Magistrate executeth is called the Justice of God 2 Chron. 19. 6. They are also called Gods Psal 82. 1 6. because they are God's Deputies and Vice-gerents representing his Presence and his Power in the World. Now it cannot reasonably be supposed that God would thus delegate his Power and Authority in the World to Magistrates and so signally dignifie and authorise them but in order to some special Service they are to do for God in the World And 't is most reasonable and morally just that the Magistrate having his Power and Authority from God he should imploy it best for his Service in the World which he cannot do but by promoting and maintaining True Religion Secondly This will further appear from the consideration of the formal Cause of Magistracy to wit The Laws for 't is the Law that giveth Form and Being to the Magistrate and is the life and soul of Government Hence are those Axioms Lex facit Regem Rex nihil potest nisi quod jure potest Now Laws do originally derive all their force from Religion because the Moral Law of God is the Supream Law of all Nations and therefore the Ground and Rule of all Humane Laws which Law of God we see doth in the first place take care for Religion and the Worship of God as the bottom and ground of all Duties of Moral Justice between men Our Saviour tells us That the first and great Commandment of the Law is to love the Lord our God with all our heart soul strength and mind Luk. 10. 27. which doth indeed include and prescribe the most exact way of Religion and Holiness that can be Now this Divine Law being both the Foundation and Directory of all other Laws it must therefore follow That all Humane Laws by which Magistrates ought to Govern should in the first place provide for True Religion and the Worship of God for the Moral Law of God being the Supream Law and Rule of Life for all Mankind is therefore the Rule of all Laws and Government and all Humane Laws that have the true nature of Laws are grounded on it or reducible to it or else theyare but Tyrannical Impositions Hence it is that the political Laws of Nations are said to have a kind of Sacredness in them which is to be understood when they are founded as they ought to be on the Principles of the Law of God their Agreement thereunto giveth Force and Obligation to them for the Obligation of Laws ariseth from the good End they tend unto and are useful for in conjunction with the lawful Authority that imposeth them So that now the Law of God being the Rule of humane Laws whereunto they ought to correspond in all the precepts thereof respectively it follows therefore that the Laws of Magistrates in conformity to the Law of God which we see giveth the preference to first Table-Duties ought also in the first place to provide for the Exercise of True Religion and the Worship of God as the ground of all other Laws that respect Moral Justice amongst men Thirdly From the final Cause or End of Magistracy which is threefold 1. The Glory of GOD. 2. The Good of Societies 3. The Good of the Church First The Glory of God which as it is the chief and ultimate end of Man so of all God's Ordinances and Institutions for the sake and good of Mankind that in and by them the glory of God may be advanced God then being the efficient Cause of Magistracy it therefore follows that his Glory must be the principal End now 't is the proper End and Use of Religion to give glory to God and without the practice of true Religion the Divine Perfections are not actually adored and advanced If then the end of Magistracy be to advance and set up the glory of God in the World he ought to set up and maintain True Religion as the greatest Glory can be brought to God in this World. Secondly The good of Societies is the subordinate End of Magistracy for as the Fundamental Humane Causes of Government is the Necessity of it for the Publick Good so the End of Magistracy in that respect is that the Temporal Good and Tranquillity of Societies may be promoted and preserved Now if there were no higher Causes and Ends of Magistracy than this as we have already and shall further prove there is yet nevertheless it would be the Duty of Magistrates to take care for Religion because 't is very certain that True Religion doth best of all conduce to the Temporal good of Societies This is plain not only from the Scriptures that assure us that Godliness is profitable unto all things 1 Tim. 4. 8. but also from the reason and experience of Mankind Therefore we see that even in those Nations that were void of the knowledge of True Religion yet those that were Legistators and Governours amongst them alwaies with their Laws mixed some Precepts of Religion and Opinion of God some pretending they received their Laws from God himself Whereby we see that they thought that Laws and Government could not stand without something of Religion which tho' their religious Precepts were superstitious and idolatrous in the want of Divine Revelation yet nevertheless it thence appears That the Law of Nature taught them not only the necessity and obligation of Government and Laws but also that the sence of Religion was the most necessary Foundation of it And then it will follow that if any thing of Religion be necessary for the temporal good of Governments that the True Religion is then best of all and most necessary that being the Spring and Fountain of all Virtues from whence is to be drawn not only the best Directions for but the strongest Motives and Engagements unto all those Duties of Moral Justice and Charity amongst men which are so absolutely necessary even to the temporal good of Societies It would be easie to demonstrate that True Religion is certainly the best Foundation of all Political Government and of the Execution of Laws the Obedience of Subjects and of the Exercise of that Justice and Charity between men which only can render the life of man peaceable and 〈◊〉 in this World. If then the End of Magistracy and Civil Goâ—ernment were only for the temporal good of Societies yet it would follow that 't is the Duty of Magistrates to advance and maintain True Religion because it chiefly conduceth and is so necessary to this End.
Thirdly and lastly The Special End of Magistracy is for the good of the Church and that because Magistracy is not a meer natural and humane Policy but an Ordinance of God still remaining such now under the Gospel Rom. 13. 1. Now 't is certain that all the Ordinances and Institutions of God both Moral and Evangelical do now in special belong to the Gospel-Church for whatever Advantages any of the Heathen World do receive at any time by any of Gods Ordinances and Institutions as particularly by this of Magistracy 't is but for the sake of the Church as the Dogs eat of the Childrens Crumbs For 't is to be noted That as the Scriptures themselves so also all the Precepts Promises Rights Priviledges Ordinances granted and confirmed thereby or contained therein belongs primarily and especially to the Church of God. So that Magistracy then being an Ordinance of God and having its Foundation in the Law and Word of God it must follow that the End of Magistracy is especially for the sake and good of the Church and not only for the World. As for that lawful Magistracy that may be found in Heathen Nations or without the Visible Church the Power is truly said to be from God because the Office of Magistracy is founded on his Law and Ordinance but the Execution of this Power hath been and is in most Nations wickedly abused and perverted from the proper and special Ends of it appointed of God to serve the Ambition Tyranny and Lusts of men the ground and occasion of which proceeds from the same common Original with all other Immoralities in the life of man to wit the defection of mankind from God and the depravity of the Humane Nature by Sin. But as 't is therefore no wonder that the Ends of Magistracy are perverted especially in those Nations that have forsaken God and fallen to Idolatry so 't is no Argument that Magistracy is only for the world as some suppose and not especially for the good of the Church Thus we find that to this end was Magistracy appointed by God under the Old Testament but while the Church of God in the first Ages of the world was but in small Families sometime only in one Family their Civil Government cannot so properly be called Political belonging to a State or Common-wealth as Oeconomical or the government of a Family Yet we find that then the care of Religion did belong to the Lord or Governour of the Family And indeed all lawful Government whatsoever being from GOD doth carry in it an Obligation to the Care of Religion for those under their power Thus God saith of Abraham Gen. 18. 19. I know him that he will command his Children and his Houshold after him and they shall keep the way of the Lord. But when the Visible Church of God to wit the Israelites was multiplied into a Body of People and set at liberty from the Yoke of Aegyptian Bondage and so capable of being formed into a political Body or Common-wealth God himself instituted an ordinary state of Magistracy to continue in all their gates Deut. 16. 18. besides extraordinary Magistrates from time to time as Moses Joshua c. and to the Supream Magistrates especially was committed the Care of the right Administration of Religion and the Worship of God as well as of Civil Justice between men by which Examples God himself teacheth us not only the necessity and obligation of having a Magistracy over a Body of People but also the office and duty whereunto it ought to be applied And tho' under the Gospel all the Kings and Governours of the World were in the first Ages of the Christian Church and have been for the most part ever since Enemies to the Church yet it doth not therefore follow that because they have thus perverted their power that it ought not to have been applied for the Churches good under the Gospel for we find that 't is prophesied of Kings and promised also to the Gospel-Church that Kings shall be her nursing-Fathers and Queens her nursing-Mothers Isa 49. 23. And this prediction and promise hath in it the force and obligation of a Command upon all Kings and Magistrates in the World not only to believe in Christ but to become nursing-Fathers to the Church which Expression cannot imply less in it than to imploy their Power and Care as Magistrates to promote succour and defend the Church Hence Kings are exhorted to kiss the Son Ps 2. 12. which is a token of Homage and Subjection to Christ who is now King of kings and Lord of lords Rev. 19. 16. And all Power in Heaven and Earth is given unto him Mat. 28. 18. And therefore some would have all Magistratical Power to be derived from Christ as he is Mediator of the Church Moreover if we consider how much good pious and godly Magistrates may do to the Church it will from thence further appear That Magistracy under the Gospel is for the good of the Church as by promoting its Interest preserving its Priviledges and Ordinances suppressing Heresies purging out Corruptions opposing its Enemies c. Now we argue thus that If God hath made the Christ an Magistrate by his power and place in the World capable of doing so much good for the Church 't is certain then that he is morally obliged to do it for that every person in his Place and Calling is for the sake of the Church to seek its Good. Psal 122. 9. Because of the house of the Lord our God I will seek thy Good. Fourthly The last Argument to prove that 't is the Duty of Magistrates under the Gospel to promote and preserve True Religion is drawn both from Scripture-precept and precedent As for Scripture-Precept we find that by the Low of God Sins against Religion and Divine Worship which respect the first Table commands were to be severely punished by the Magistrate Thus the Blasphemer was to be put to death Lev. 24. 16. The false Prophetor Teacher that would draw off any from the true Worship of God or him or her that committed Idolatry were to be put to death Deut. 13. 9 17. and the City that fell to Idolatry was to be smitten with the edge of the Sword Deut. 13. 15. Now the Magistrate bearing the Sword of Justice and being the Avenger of God against evil doers 't is to be understood that by his Authority and Direction this was to be done And for Scripture-Precedent we find that those that were godly Kings and Magistrates under the Old Testament purged the Church from Idolatry when corrupted and restored the true Worship of God caused both Priests and People to keep the Law of the Lord. Thus good Hezekiah suppresseth Idolatry and setteth up the true Worship of God 2 Kings 18. 4. Josias did the like and slew all the Priests of the high places 2 King. 23. 20. Jehu destroyed all the Worshippers of Baal 2 King. 10. 25. And King Asa with the
for me but all things are not expedient all things are lawful for me but all things edifie not Where the latter Clause expounds the former such lawful things as do not edifie are not expedient and therefore not to be put into Laws because all humane Authority in the matters of Religion is only for edification 2 Cor. 10. 8. 13. 10. therefore such Constitutions about Religion cease to oblige when they cease to edifie because the Obligation to obey in the things of Religion can extend no farther than the Authority to command which we see is only things for edification Thirdly Least of all should indifferent things be imposed when they become scandalous for then the use of them becomes in most cases unlawful and sinful and therefore much more unlawful to be imposed by Laws And indeed this is the great reason why Indifferent things should rarely be imposed by Laws because Scandal is so apt to rise out of the use of Indifferent things and therefore we are to use our liberty or to deny it according as such or such circumstances require for the avoiding of Scandal for we may not do a thing meerly Indifferent to the Scandal of our Brother saith the Apostle 1 Cor. 8. 13. If Meat make my Brother to offend I will eat no Flesh while the world stands lest I make my Brother to offend Authority therefore cannot justly command such an indifferent thing to be done when 't is apparent thereby Scandal will follow for this will be to make void the Commandments of God by the Commands of Men the Command of God is Give no offence 1 Cor. 10. 32. and this Command of God is Obligatory on Rulers in making Laws in Indifferent things as well as on private Christians in their practice towards each other If Rulers therefore command such an Indifferent thing to be done which cannot be done by many without a doubting Conscience they do in effect command that which is evil Rom. 14. 23. He that doubteth is damned if he eat and yet this was but in an indifferent thing If Authority had then commanded him to eat and so in the like case it had been to command a Scandal and so unlawful 'T is true if it be a necessary Duty by a Divine Law that is commanded by Authority there if Scandal follow 't is Scandal taken and not given and the fault is wholly in him that takes the Offence but if it be an unnecessary Indifferent thing 't is Scandal given by the Authority that imposeth it And also hereby they not only give Scandal to the Doubting but oblige all others as much as they can by the practice of such Indifferences to give Scandal also for to say that humane Authority makes an indifferent thing that in it self hath no necessary use to become necessary in the case of Scandal is to make the Laws of Men to supersede the Law of God No certainly if the thing were really scandalous antecedent to the command or the use of it would be so were it not commanded there no humane Authority can put such a necessity into an indifferent thing as to make it necessary to be done when Scandal follows because the Obligation to avoid Scandal in indifferent things being a moral Duty will supersede any Obligation that results from the Command of Authority in such indifferent things for this is but a meer Ritual and Rituals must give place to Morals Thus we see that such Indifferent things being unnecessary in Religion much more if inexpedient and scandalous ought not to be imposed by Laws But yet we do not hereby plead for such a Liberty in Religion as is opposed to things in Religion either necessary in their own nature or necessary by reason of some circumstances And thus Indifferent things that serve for the ordering the Worship of God in decent and comely manner according to the Apostle's Rule 1 Cor. 14. are so far lawful to be imposed as they are expedient and necessary to those ends for all the Power of humane Authority in the matters of Religion besides imposing what God hath commanded in his Word is only in ordering what God has so commanded to be done in decent and comely manner and to edification and as such things appertaining to God's Worship are necessary in their general nature as Time Place c. so in their Particulars when they are indifferent in their own nature yet do by reason of Circumstances and Accidents become necessary to be determined they then lose their nature of Indifferences and become necessary antecedent to any Imposition of them by Authority But yet nevertheless the determination of such Indifferent things should not be imposed by Laws in the case of Scandâ—l unless in these Cases viz. 1. Unless the necessity of imposing them be great apparent and certain and not pretended only 2. Unless the Good that is brought to Religion by the imposition of Indifferent things be not greater than the Evil of Scandal it brings with it 3. And unless the Good End they are necessary for cannot be by some other means so well attained without so great a scandal But where is no such necessary Good or but little comparative to the Evil of Scandal or if the Good End designed may be by other means attained without so great Scandal there certainly in reason Scandal should be avoided because ' tâ—s so great an Evil and so much condemned in the Word of God in the use of Indifferent things Obj. But that which is usually objected against liberty in Indifferent things is the Judgment of Authority seeing them necessary for say they Who shall judge of what is necessary in Religion to be imposed by Laws but Rulers themselves For if a liberty be allowed to the People to judge of the lawfulness or necessity of what is commanded and accordingly to obey or not obey as they judge of them this will overthrow all Government Answ The Magistrate hath a publick Authoritative Judgment in what they are to require and the People have a private Judgment of Discretion in what they are to do and obey and tho' both these may be abused yet both may very well stand together without either overthrowing the Authority of Government or dissolving the Obligation to Obedience but very ill consequences will follow on denying either for if we deny the Judgment of Authority to command this indeed is to overthrow all Humane Power to command in the matters of Religion and to deny the Peoples Judgment of private Discretion is both to take off the use of their Reason and to lay upon them a necessity of sinning for if only the Judgment and Will of Authority be the Rule of Laws or the Obligation to Obedience it will then follow that we are bound to obey whatever they command tho' sinful if they judge it not so But as the Magistrate's authoritative Judgment doth not bind to Obedience when he judgeth erroneously in that which is required so tho