who must say why doe you thus unclean practises respecting the flesh may be punished but unclean spirits and doctrines must be suffered in the Land they would not have such as rob and spoyl others of their goods escape but it s no matter what havock any make of Church Ordinances Privileges and Liberties by any Tenents of theirs If they rob us of the Law and the Prophets and take away a great part of the holy Scriptures which was all given by Divine Inspiration and is profitable for Doctrine for Reproof for Isa 49. 23. 3. 7. Rom. 13. 3 4. Correction for Instruction in Righteousness or if they plunder and strip us of the office Political power and care of the Churches Civil Nurse-fathers Physicians and Shepherds for their best good none must punish them for such like outrages And if at a dead lift Magistratical power be with much ado permitted to come within the range and reach of the first Table yet they will have it under so short a tether and lay such strong chains and heavy bolts upon it that it s there rather as in its prison than any way as in its privileged place they shall be permitted to punish Witches Sorcerers and Inchanters else say they what mischiefs will befal our Estates Families and Bodies But as for those good those white Witches that out of pretence of conscience bewitch souls Gal. 3. 1 c. to death by their inchanting doctrines let not Civil powers meddle with them Men of our times will not speak these in so many words but in their tenents and practises they speak in effect as much But good Reader be thou ware of such false Prophets that come in sheeps clothing will carry it towards thee as fruitful and Matth. 7. 15. spiritual Christians as humble meek gentle harmless self-denying mortified persons for a season till they have attained their ends will tell thee it is new light what the Spirit revealeth to them it is the tenderness of their consciences which maketh them scruple such and such things which others have long held c. And all this while they are inwardly ravening wolves I hope pious Reader I speak to one who yet hath an ear open to hear what may be spoken in the defence of that truth so much questioned and opposed now adays That the Lord hath not left Christian regulated Civil Commonwealths without their respective ways of Authoritative Redress of such like mischiefs in Religion for which end read and consider in thy retiring hours and times this little Treatise and the Lord give thee understanding in all things Thine in Christ Jesus Tho. Cobbet The Method and scope of the ensuing Discourse concerning the Civill Magistrates Power in matters of RELIGION By way of Introduction THe example of our Head Jesus Christ Iohn 2. 13. ad 17. who made it one of his first works to reform matters amiss in Religion is opened and applyed in many pious and seasonable observations pag. 1. ad 6. That this act of Christ is presidentiall and imitable according to the judgements of the Godly Learned Pareus Bullinger Tossanus Marlorate Dyke Ainsworth Musculus Suecanus and Beza pag. 6. ad 9. 2. Objections answered pag. 9. ad 12. The Thesis and Position propounded to be cleared is this That Corruptions in Religion outwardly breaking forth and expressed may yea and must be restrained and punished by such as are thereunto called pag. 12. In handling whereof the Author first propoundeth some 1. Distinctions pag. 12. 2. Some Conclusions about it are laid down 1. Negatively what may not bee done this way pag. 13. ad 16. 2. Positively what may and must pag. 16 3. The main Assertion is explained pag. 16 17. And proved by Seven Reasons grounded upon Scriptures pag. 17. ad 34. Five Corollaries or Instructions drawn from the Premises 1. The first is by way of Refutation and Answer to sundry Objections tending to undermine the Cocrcive Power of the Civill Magistrate in matters of Religion pag. 35. ad 46. 2. The second Instruction chargeth Rulers with the Duty of Endeavoring the exact knowledge of Gods law word and rules pag. 46. 3. The Third Instruction or inference from the premises That then the Highest Civill Authority are to make Coercive Lawes about matters of Religion pag. 46. Touching this particular The Author distinguisheth 1. Of Civill Magistrates pag. 47 48. 2. Of Kingdomes or Commonwealths in which they rule pag. 49. 3. Of Legislative power in matters of Religion p. 49. 4. Of Lawes about Religion pag. 50. Conclusions are laid down about this weighty matter 1. Negatively pag. 51. ad 54. where it is proved that humane laws formally and as such cannot bind the conscience 2. Positively Positive Conclusions about this Nomothetique power are sour 1. That Politicall Laws properly such may be made about matters of Religion pag. 54. This Conclusion is confirmed by seven Reasons pag. 54. ad 58. 4. Objections against this Conclusion are answered pag. 58. ad 67 2. Conclusion That in doubtfull matters Ecclesiasticall Assemblies are to bee called whose Counsels unto the Magistrate are Ecclesiastically Authoritative pag. 67. 3. Conclusion Civill Magistrates are to call upon Ministers to expound the whole Counsell of God pag. 68. 4. Conclusion Civill Authority must establish their Lawes with the consent of their people or their representatives p. 68. 4. A fourth Instruction from the Premises Then are the Civil Authority in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not pag. 70. For further clearing of this from all gainsayers 1. Some distinctions are laid down pag. 71. 72. 2. The Conclusion is stated and cautioned pag. 73. 3. Five Reasons for proof thereof and the Objections against them answered pag. 73. ad 82. 5. The last instruction from the premises Then are not persons to be left to the liberty of their own Judgements or consciences pag. 82. For the better clearing of this weighty Conclusion so many waies opposed now adayes 1. Some distinctions about it are propounded and Rom. 14. 3. c. cleared pag. 82. ad 86. 2. The Conclusion is stated against a set fixed Toleration and proved by 10. Reasons from Scripture all which are vindicated from the severall Objections against them pag. 86. ad fin Errata In the Epistle Dedicatory pag. 4. line first adde cor pag. 29. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 32. for 1 John 14. 1. read 1 John 1. 14. 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 A Discourse concerning the Nature and Latitude of Civil Powers in matters of Religion IF
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-Iland Physician By Thomas Cobbet Teacher of the Church at Lynne in New-England Take us the foxes the little foxes which spoil the vines c. Cant. 2. 15. Rulers are not a terror to good works but to the evill c. Rom. 13. 3. 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 LONDON Printed by W. Wilson for Philemon Stephens at the Gilded Lion in Paul's Churchyard 1652. TO THE RIGHT HONOURABLE OLIVER CROMWEL Captain General of all the Forces of the Commonwealths of England Scotland and Ireland Grace Mercy and Peace be multiplied THrice noble Sir whom not Man alone hath honored with greatest dignity of highest Military Command but the God of Glory also hath dignified as with peculiar Interests in his speciall Grace and Favour in Jesus Christ and with an abundant measure of the saving Graces of his blessed Spirit so with a glorious and prosperous success in all your weighty undertakings let it not seem overmuch boldness in me who am a stranger to you by face that I send forth this following Discourse into the world under the shadow of your Lordships Name It seemeth according to our best intelligence here that the subject of this Discourse beginning to grow the great controversal business of these polemick times your Honour with some other of the Lords Worthies in England have expressed some desire of yours that something might be spoken thereunto Now I having begun to do something that way formerly and though the most unworthy of any such respect from such choice Favourites of the Lord being often moved by some of our honoured Magistrates and reverend Elders here to present it to publique view I began to conclude that it might be now seasonable so to do And although I were a very babe in comparison of others for abilities and wisdom to manage so weighty a cause of the Lord yet I remembred him that said Out of the mouthes of babes and sucklings thou hast ordained strength that thou mightest still the voice of the enemy and the avenger so that I was incouraged not alone to put forth this discourse but to make use of your Lordships Name therein Besides we receiving certain information Renowned Worthy of your dear respects to the Churches here as also to our Civill State which I trust New-England doth not nor ever will forget even your cordial appearing for us who are so much subject to the reproach of tongues at so great a distance together with your charitable frequent expressions of the good opinion you have of us This also Right Honourable the rather moved me as a Member of this Polity even in way of Gratitude to dedicate to your Excellency this Apology for Civill Christ an Governments why they ought in their Civil and Political way to restrain and punish abuses and enormities even in matters of the Lord of the Church You truly noble and valiant Sir have quit your self like a man of God in managing your Military weapons in defence of the Civill State in England against all opposers of them for their exemplary acts of Justice which they did both upon delinquent Statesmen and as they are called Churchmen too even the Prelates and their retinue Yea you have to your utmost in your Military way managed that cause at first covenanted by the State which was not alone the bringing of all sorts of Delinquents to their condign punishment but the reforming of matters of Religion in Engl according to the Word of God the pattern of the purest Churches wherfore right worthy Sir what you have fought so many bloody battels for in the field now stand couragiously and plead stoutly for it in peace Israels General Joshuah was not more famous for his prowess victories over the Canaanites in the field than for his care of setling Religion in the people acding to Gods mind when the War was ended witness those memorable passages that way recorded Josh 23. chap. 24. King David is renowned for the like care who after the inhabitants of the land were given into his hand and the land was subdued before the Lord and his people 1 Chr. 22. 14. Now saith he set your hearts and souls to seek the Lord your God and arise and build his Sanctuary c. And chap. 27. he gathereth the chief Civill and Military Commanders before him and ver 8. he chargeth them all in their severall places callings and conditions to keep and seek for all the Commandements of God and he joyneth with him in special the chief Commanders of the Army in a Civil way to help on the Work of Religion and of the Church mentioned 1 Chr. 25. 1 c. Let not therefore the least thought arise in your Noble breast Right honorable Sir that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for you to meddle in such matters or to maintain things of that nature But let Holiness and the defence and maintainance thereof be written upon your hors bridle as it will be upon theirs whose Conversion we are even waiting for Zach. 14. 20. Who will be presently up in arms for Christ and his cause against which they were so long hardened That returning Shulamites Portraiture is represented by the company of two Armies Cant. 6. last of whom more also is spoken Zac 12. 5 6 7 8. Jesus Christ himself is represented as the Generall of the Field and owning the godly Souldiery as his Army who in a cause of Religion shall by the dint of the sword be instruments to bring Antichrist and his Abettors to their deserved ruin Rev. 17. chap. 19. Yea but could not Jesus Christ destroy them by his own immediate hand and is not his Truth and Word of force to overthrow all that is contrary to it Yea verily yet is it the will and pleasure of Jesus Christ by humane externall forcible means to restrain and punish such offendors in matters of Religion wherefore neither the State nor Souldiery of England have any cause to repent of their Covenant Ingagements in their several respective ways to endeavour the bringing it about that Religion there may be reformed according to the Word of God and the best patterns of the purest Churches Nor hath the State of England any cause to retract any wholsom penall Laws which they have made the 2. of May 48. or since against so many blasphemous and false Doctrines and
ever it were a time wherein the Zeal of Gods house should burn in the hearts of the sincere members of Jesus Christ or if ever the Lord called for the flaming forth of that holy fire in their zealous expressions and actions according to their several places and callings in way of vindication of the Lords abused Name Truth Ordinances and Wayes surely this is that time when under pretence of Spirituall Light so much hellish darknesse beginneth to overspread the face of the Churches of Christ Wherefore before that I do enter upon the main point which I intend in this Discourse I shall first present a memorable example of such holy zeal in our Head Jesus Christ to the Intent that such of his Members who are by office and place most concerned therein may in the fear of God wisely and seriously ponder whether that holy Zeal which was in Jesus Christ as in a Well-head and is doubtlesse in their measures derived to them also should not now be more abundantly exerted and exercised that way The example I intend is recorded in Joh. 2. 13 14 15 16 17. And Iesus went up to Jerusalem And found in the Temple those that sold oxen and sheep and Doves and the changers of money sitting And when he had made a scourge of small cords he drove them all out of the Temple with the sheep and the oxen and poured out the Changers money and overthrew the tables And said to them that sold Doves Take these things hence make not my Fathers house an house of Merchandise And his Disciples remembred that it was written The zeal of thine house hath eaten me up This History of Christs purging the Temple being the relation of one of his most glorious Acts in which he put forth his hand in publique view after his most solemn entrance upon his great work It is the more observable and doth call for more then ordinary Improvement by all such whose property it is as Saints to make narrow search into all the great Works as of God a Creator Psal 111. 2. so of Jesus Christ God-man their Redeemer but especially by all such whose duty it is by their office and place to be Reformers of matters amisse in the house of the Lord. Twice at least it is clear Christ acts thus once in the beginning of his Ministry as John noteth in this Chapter and another time towards the end thereof as the other Evangelists shew Matth. 21. 8 9 10 11 12 13. Mark 11. 15 16 17. Luke 19. 37. to 47. Jesus Christ then when acting his publick Ministry upon earth he made it one of his first so one of his last works to reform matters amisse in Religion At first buyers of oxen and sheep are outed the Temple but at last sellers too At first Dove-sellers are gently spoken to to carry away their Truck but at last their seats also are overthrown Christ saith at first you have made my Fathers house an house of Merchandise but at last ye have made it a den of theeves He is then more severe at a second time against such who reform not by his former check If any enquire after the time when this was It was immediately upon Christs first coming to Jerusalem after his solemn Initiation into his office Joh. 2. 11 12 13. compared If any ask what the occasion of this Act was It is noted in that he found in the Temple those that sold oxen c. if any would know in what manner he Acted that also is expressed with some he dealeth by blowes violently driving them out with his scourge made of small cords so that the Instrument he maketh use of to correct them in such sort is a whip or scourge the materials thereof were small cords namely which those traders brought with their Cattel with this scourge so made he layeth on so violently that he driveth out not so much the beasts as the Beast-sellers also he drave them all out and the sheep and the oxen or with the sheep and the oxen which the Greek text cleareth using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in reference to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as also to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Beast-sellers and money-changers If any would demand the ground why Christ did thus It is given partly in that himself spake Make not my Fathers house an house of Merchandize It was his Fathers house which was so profaned and polluted and he as his son is nearly concerned in it and partly in that which the Spirit of God suggested seasonably to the Disciples from the Book of Psalmes The Zeal of thine house hath eaten me up And now may not the Saints learn for their Instruction sundry things hence which concern them also even all of them in their several callings especially those in higher place Yes verily From a more general Consideration of this history as holding forth the dealing of Jesus Christ with sinners amongst his people we may all note that which godly Interpreters hint hence to us As from this that is said he found such and such and dealt so with them Learn first That the sight and assured knowledg of sinnes acted especially by persons pretending to Religion it provoketh the Lord Jesus some way or other to expresse his deep displeasure against them Secondly that sometimes the Lord Jesus dealeth with sinners and punisheth them in the very Act of sinning as he scourged them here which he took in the manner From what is here said he took small cords and made a whip thereof even of the very Cords which they sinfully abused to bring their Cattel into a forbidden place for any such use Learn that sometimes the Lord Jesus maketh punishing scourges for sinners even of the very instruments themselves abused to sinne From the manner of Christs dealing here that with his whip he driveth out the beast-sellers as the beasts using them therein as their beasts Learn that such as under the means of grace grosly abuse and prophane the same they are of basest esteem in the sight of the Lord Jesus Furthermore these abuses were not without religious pretences of Scripture grounds God had of old said Deut. 14. 24. 25 26. If the way be too long for thee so that thou art not able to carry it namely the tythe of their corn and firstlings of their flock which they were to eate before the Lord v. 23. Or if the place be too far from thee which the Lord thy God shal chuse to set his name there which afterwards was Jerusalem and the Temple there then shalt thou turn it into money and bind up the mony in thy hand and shalt go to the place which the Lord thy God shall chuse And thou shalt bestow that money for whatsoever thy soul lusteth after for Oxen or for sheep c. And thou shalt eat it before the Lord thy God c. It might therefore seem convenient to have the beasts at hand to be sold there
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 Abbâ—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
17. and that way rather to have encouragement from Pagan Rulers would be to comply with them in the wayes of their prophanenesse and heathenish outrages and abominations which God forbid 2. As the Civil Powers in or with Christians are ordered of God for there is no power saith Paul but is of God meaning especially civil power Rom. 13. 1. and as every soul by vertue of that word is also to be subject in all lawful things to Higher Powers amongst Christians and exercised by Christians so Anabaptists themselves will acknowledge that Rom. 13. 4. taketh in the Christian Magistrate as bearing Gods Sword and being Gods Minister for Civil vengeance against evil doers against the rules of the second Table and so the case is yeelded by them that the place in Romans 13. looketh at the Christian Magistrae also 3. Those Rulers to whom what is here spoken touching their Magistratical work doth best agree and by whom it is best performed they must be here principally intended by the Lord but to the godly Christian Magistrate the Magistratical work here mentioned doth best agree and by him is it best performed therefore the godly and Christian Magistrate is here principally intended As for instance Rulers are not a terrour to good works but to evil who maketh more conscience of this order of the Lord the highest Ruler then the Christian godly Magistrate who is wont else to fulfill that so fully and faithfully unto the Christian and godly Subject if thou do that which is good thou shalt have praise of the same who is actually and effectually the Minister of God for thy good the Best good as well as other Inferiour good of the Subject so properly as the Christian godly Magistrate Who maketh conscience but he to come up fully and regularly to that also vers 4. he is the Minister of God the Avenger to execute wrath upon him that doth evil A second Answer to the Objection from Esay 11. is That Answ 2 the just execution of offendors by the Civil Magistrate is not doing of hurt to any but a meanes in it self of good yea as to others who hear and fear and learn to do no more so wickedly so sometimes is it sanctified of God to the good of the delinquents themselves who are corporally punished by them as some in the dayes of the Gospel who shall be punished by their Christian Rulers shall acknowledge it to Gods praise Thus was I wounded in the house of my friends Zech. 13. 6. This is crosse to that Rule Judge nothing before the time Object 11 1 Cor. 4 4. It is spoken in opposition to rash censuring of others according Answ to that Matth. 7. 1. Judge not that ye be not judged but Paul never intended that no matters of a sacred or civil nature should ever be judged of by such as were called thereto of God but all left unmedled with to the Judgment day for 1 Cor. 5. 4. he chargeth in Church matters that the Church proceed to censure the incestuous person and 1 Cor. 6. 1 2 3 4 5. he would have some of the Saints to be chosen by them to judge in their civil matters amongst themselves the rather because the Saints shall as Assessours judge the world at the last day A second Instruction from the premises is that surely then persons in Civil Authority are in duty bound even as they are persons in civil Authority under God and Christ as they are Ministers of God to indeavour the exact knowledge of his Law Word and Rules as other under-Rulers are to know the Lawes of their Soveraign for if they must restrain and punish what is crosse to those Rules they ought to know the Rules else how should they know what is crosse to the Rules of the Word or before they punish the same how will they be able to use such means of conviction of offendors against those Rules as God requireth God put this principle into the heart even of Artaxerxes that such as knew the Lawes of God should be set in Authority to punish such as did contrary to the Law of God Ezra 7. 25 26 27 28. compared God by Jethro counselled that Rulers should be men of Ability even in Scripture as well as other Lawes and learning Exod. 18. 21. and Deut. 1. 13. compared the book of the Law was ever to be with the Rulers set over Gods people Deut. 17. 18. Josh 1. 7 8. Esay 32. 1 2. 33. 6. wisdom and knowledge in such as rule is the stability of their times It is Gods Ordinance to Gentile Rulers that they should be wise and instructed even in the things wayes and words of God Psal 2. 10 11. Pagan Rulers indeed whilest Pagan do not know the Word and so cannot so well punish what is crosse to it but of right and duty they are bound to know both A third Instruction hence is that if such corruptions in Religion are to be so restrained and punished by highest Civil Authority then are highest Civil Authority which chiefly require such punishment to be executed to make Coercive Lawes about matters of Religion For if so to punish then in an ordinary way to do it either by vertue of some political Law established and promulged for that end and then the case is granted or else without such a Law and then way is made to bring in Arbitrary and tyrannical Government Yea when a Civil State doth agree in such or such matters of God to be guided by the Word of God and necessary deductions thence what punishments to inflict upon such or such corruptions in Religion Now that which is materially considered the Law and Word of God yet formally considered as thus politically ratified and promulged It is so far forth of the nature of a political law and doth but strengthen this Conclusion That what a Civil State must punish they must make political Lawes for that end in that extraordinary case Moses without a law must punish that blasphemer Leviticus 24. 11 12 13 14. but in reference to ordinary execution of Justice that way for the future God biddeth Moses to promulge a solemn Law in Israel that whosoever blasphemeth the name of the Lord shall surely be put to death vers 15 16. Touching this particular 1. we distinguish of Civil Magistrates 1. Civil Magistrates are considered either Indefinitely or in a limited sense Indefinitely considered they are the Ordinance of God the Civil Powers that be are ordained of God there is no power but of God Rom. 13. 1. yea they are of Christ under whom they rule and by whom they decree whatsoever Justice they do decree Prov. 8. 15 16. by me who that is is explained vers 30. then I was by him and I was daily his delight and vers 31. Rejoycing in the habitable part of his earth c. by this essential wisdom of God Princes decree Justice whether just Lawes against evil doers or just censures according to those
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
respecting Christ our blessed Prophet and high Priest and Counsellor Esay 9. 6. Which Prophet whosoever shall not hear shall be destroyed from his People Acts 3. 22 23. But respecting the Ministers of the Churches of the Gospel from whom the mind and sentence of God in controversall cases is to be sought by all sorts and being found is to be followed by all sorts whence that by allusion to the Priests under the Law yet respecting the time of the Gospell Ezek. 44. 23 24. And the id est the Priests shal teach my People id est Members of Churches whether Civill Rulers or Subjects the difference between the clean and unclean and cause men to discern between clean and unclean And in controversie they shall stand in Iudgement and they shall Iudge it onely with this limitation According to my Iudgements where by Judging he intendeth the Ecclesiasticall Judging which appertaineth to Church-Officers and not a Civill and Politicall Judging which is peculiar to the Civill Magistrate of which more anon Conc. 3. That Civill rulers are to call upon the Ministers of the Churches under their Jurisdiction to expound the whole Counsell of God to their people especially about such matters of Religion or of the Church as they are by Law to Establish Hence that Act of Iehoshaphat sending abroad the Priests and Levites to teach those Cities the mind and Counsell of God what was according or repugnant thereunto before he sent out Civill Judges to deal in their Judiciall way with them concerning matters of that nature 2 Chron 17. 7 8 9. compared with Chapter 19. 4 5 6. Conc. 4. That in all matters of Religion or of the Church the Laws which Civill Authority do establish they must establish them by and with the consent of the people either in themselves or their representatives this strengthning their Politicall Laws that they bind Scientes Volentes As Asah willing to make a binding Capitall Law about Religion by his Authority he summoneth the people with whose consent it is made 2 Chron. 15. 9. He gathered all Judah and Benjamin c. and they decreed that vers 13. That whosoever would not seek the Lord should be slain So Jonah 3. 4. It s said the people believed the Lord and proclaimed a Fast but vers 7. that business of the decree for the Fast is applied to the King as his Act by the consent of the Nobles or chief heads of the people and so representing the people by the light and Law of Nature these Pagan Ninevites learned this to be an orderly way of making such like decrees in such like matters of Religion it self whence also was that course taken in the case of a coercive Law to be made about a business of Religious worship for the matter of it allthough in the form of that worship to be decreed of it were devilish It is to be made by the representative Estates of the Persian Kingdom which being a Kingdom was then to be established by the King Dan. 6. 7 8 9 The rulers of thy Kingdom the Officers and Governors the Counsellors and Dukes have consulted together to make a decree for the King and to establish a Statute that whosoever shall ask a petition of any God or man for thirty dais save of thee O King he shall be cast into the Den of Lions Now O King confirm the decree c. When Iehoshaphat was to make that Order about the particular matter of Religion He consulteth with the people 2 Chron. 20. 21. And When he had consulted with the people he appointed singers unto the Lord and that should praise the beauty of holiness as they went before the Army and to say Praise ye the Lord for his mercy indureth for ever Which may serve to take off that offence of some against politicall Laws to be made this way because it will be a forcing of Christian people in matters of Religion since the Laws which are made that way are virtually and interpretatively made with their own free consent As made either by their own free consent personally if not too great a body to be ordinarily called together in one Assembly or at least by their own free consent in their Representatives where the body of the people eannot ordinarily be called together to debate such matters or express personall consent to the Laws which Civill Authority do make about matters of Religion or of the Church which are in themselves doubtfull and not meerly made so by mens wiles and Satans sleights They must be made with great latitude and tender respects to such as are really and truly tender in conscience even Politicall â—hepheards must not over-drive their Flock and such Lambs would be carried in their armes A fourth instruction from the Premises if Civill Authority are so to restrain and punish such matters then are they in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not Else shall they sin in a high degree in censuring Politically that as contrary to the word of which they have no right nor power to determine politically either one way or other Job who was a right godly man Job 1. 1. and a man of chief Civill rule in this Country as chap. 29. 7. he had a chief place in the Gate in the seat of Judgement verse 9 even Princes kept silence when he was to speak He Judicially delivered the Fatherlesse verse 12. Brake the Laws of the wicked verse 17. and verse 25. I chose out or as the Geneva Translation hath it I appointed out their way and sate as a King in an army as the Generall of the Field hath with his Councill of War being the highest Military power chief Military Judgement both what Military Orders to make about the common Souldiery and what courses are most advantageous or disadvantageous to the good of the whole or what acts of the Souldery are to be punished or contrariwise incouraged and what particular rewards or punishments such or such particular facts of the Souldiery deserve in way of subordination and conformity unto the Laws of that higher Civil power whose Military Ministers they are so have highest Civill Authority in religious States the like highest politicall Judgement what acts of the outward man respecting Religion are to be incouraged or discouraged in their subjects and in what way and what orders to make for that end so as in way of general conformity and subordination to the Laws of God and Christ whose Ministers they are and so as may be warranted from the Word of God either expresly or by just consequence Job did not leave every one under his authority to chuse what way themselves pleased or judged the best either in matters of Religion or of Righteousness but he in his authoritative politicall way determined that for them he appointed and chose out their way Nor doth he mention this as any injustice in
24. 3. to this the Conclusion properly looketh not 2. That of a more spirituall nature taken 1. For immunity from sundry evils pressing hard upon the Saints or enslaving them If the Son make ye free then are ye Joh. 8. 36 1 Cor. 7. 22. Rom. 6. 18. Rom. 8. 2. Is 61. 1. 1 Thes 1. 10. Gal. 3. 10. 13. Ibid. Rom. 7 6. Gal. 5. 1. Heb. 2. 14 15. Ibid. Gal. 1. 4. 1 Cor. 7. 22 23. free indeed the Lords Freeman which liberty is either inchoative or perfected inchoative spirituall liberty is that from sins guilt or power being made free from sin and made free from the law of sin and of death he shall proclame liberty to the captives That from Gods wrath Jesus which delivereth us from wrath to come That from the Morall Laws curse Cursed is every one that continueth not in every thing written in the Law to doe it Christ hath redeemed us from the curse of the Law being made a curse for us That from the rigorous exaction of the Laws righteousness and personall perfection from us we are delivered from the Law That from the Ceremoniall and Judiciall Law too as far as it was properly Jewish Stand fast in the liberty wherewith Christ hath made us free That from the power of hell who hath delivered us from the power of darkness That from the power of death delivering them who were all their life long subject to bondage by reason of the fear of death That from the world redeemed from this present evill world That from mens inventions and lusts the Lords freemen bought with a price become not the servants of men That from all our enemies being delivered out of the hands of all our enemies Luke 1. 74. This spirituall liberty perfected is the glorious liberty of the sons of God of which Rom. 8. 21. see also 1 Cor. 15. end This first spirituall liberty of each Saint is not that to which the Conclusion looketh 2. Spirituall liberty is taken for freeness readiness and voluntariness to the holy and good things of God that what we doe therein it should be freely with a ready and willing mind not as at liberty to do or not to do any duties required of us according as we list for that were rather in part licentiousness a cursed liberty of servants to sin When ye were servants to sin Rom 20. ye were free-from righteousness Nor yet as persons to be haled to do our duty Thy people are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people of free oblations 3. Spirituall liberty is taken for that which standeth between two extremes wherein a Christian may be sayd to be properly free as when free to chuse or refuse or suspend to use or doe such or such a thing or to forbear And it is Christian liberty strictly taken or liberty of Christians in matters which in themselves are of an indifferent nature of which is that place so oft applyed too largely Rom. 14. 3 5 6 14 17 Of which nature were the Jewish meats and dayes formerly observed but then abolished although every beleeving Jew was not presently convinced thereof And here a little to digress let us clear this place so often wrested that it is meant of things of an indifferent nature in themselves this appeareth in that they wcre such things as whether observed or not the Lord might be exalted he might be praised ver 6. He that eateth eateth to the Lord for he giveth God thanks and he that eateth not to the Lord he eateth not and giveth God thanks They were not such things which were not in themselves Morally good or evill ver 14. I know there is nothing unclean of it self namely nothing of that sort before mentioned as were Dayes and Meats and other like things of an indifferent nature else it might be sayd many things are in themselves unclean whether he that dealeth with them think so of them or no as Idolatrous Adulterous Murtherous acts c. morally evill and so unclean They were such things in which the Kingdom of God consisted not ver 17. meats sacrifised to Idols made not any more or less accepted 1 Cor. 8. 8. Meat commendeth us not to God for neither if we eat are we the better or if we eat not are we the worse and 1 Cor. 10. 25. Whatsoever is sold in the shambles eat c. 3. Mixt liberty which is partly of a spirituall and partly of a civill nature as it respecteth things spirituall wherein it is exercised so spiritual as it respecteth family authority by which it is exercised either privately or publiquely so it is of a civill nature as when the Saints of old had from Cyrus Authority liberty to goe up to Jerusalem freely to build the Temple Ez◠1. 3. Ezr. 6. 6 7 8 9 10. anu worship the Lord there and when they had liberty from Darius without disturbance from enemies freely to carry on that good work and to offer sacrifises to the Lord. Hitherto also that in 1 Tim. 2. 1 2. may partly be referred and if that were all the liberty which were pleaded for that by the influence of Civill Authority we might lead a quiet and peaceable life in all godliness and honesty without any kind of disturbance or molestation from any we would joyn in that plea in the Court of God and man As for that sinful lawless and boundless liberty that is a liberty indeed and reallity to the flesh or the motions and fruits of corrupt nature a liberty to sin a liberty for men to do what they list and the like this is it which the Scripture every where decryeth and condemneth Judg. 17. 6. In those days there was no King in Israel but every man did that which was right in his own eyes So was Micha's Idol and Idol worship and Ministry right in his eyes ver 5. 12 13. Now I know the Lord will be good to me seeing I have a Levite to my Priest He verily thought he was right in all and might look for a blessing of God in that way Mich. 4. 5. All people will walk every one in the name of his God Rom. 6. 10. Ye were free from righteousness and 2 Pet. 2. 19. They promise them liberty Jude 4 5. Turning the grace of God into wantonness There wanted not some in the Apostles dayes who would pretend their own and others spirituall liberty whereby to bring in and carry on and covertly to exercise this liberty to sin and for that end plead liberty from Authorities which should curb or restrain sin whence that item of Peter 1 Pet. 2. 16 17. As free but not having for a covering of wickednes the Liberty but as the servants of God honour all men love brotherly fellowship fear God honor the King Whence that bait of Seducers to draw on disciples after them they promise them liberty they themselves despising 2 Pet. 2. 1◠Government in Church or State speaking evill of Dignities
〈◊〉 〈◊〉 restraine them The second branch is as evident that it is a toleration of that which tendeth to break the peace c. for errours and such like corruptions in religion trouble the Churches which are the choicest societies in that polity hence that Gal. 5. 10. 12. I would to God they were cut off which trouble you speaking of seducers and Acts 20. 30. they draw away or rent away as members from the body disciples after them hence that reasoning of Paul 1 Cor. 11. 18. I hear there are divisions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 schismes amongst you which he proveth vers 19. thus For there must needs be heresies amongst you c. as if the one is a necessary cause of the other where there are heresies amongst Church-Members there will be Schismes True it is Churches have their wayes of healing such evills in their members as they have to heale other scandalous evills in them as drunkennesse lying c. but that hinders not Gods civill ordinance of the Magistrates coercive power also more in the one then in the other yea errours and heresies are wont to breed troubles and divisions in civill societies Hence those seducers and their followers who turne the grace of God into wantonnesse Jude 4. and are filthy dreamers vers 8. are branded for seditious persons in Common-wealths even such as come justly to perish as sometimes seditious Corah did vers 11. perish in the gain-saying of Core Hence those black brands of seducers who have a forme of godliness that they are traitourous heady high-minded truce-breakers false accusers fierce c. making their times perilous 2 Tim. 3. 1. 3 4 5. and that he speaketh that of seducers vers 6 7 8 9 13. declare Hence those also in Jude are branded for murmurers and complainers Jude 16. ever and anon quarrelling against matters in Church and State 1 so Tim. 6. 3 4. the very fruits of false doctrines are reckoned to be envy strifes railings evill surmises and perverse disputes and as that Apostle reckoneth those fruits of the flesh Gal. 5. 19. as concomitants so doubtlesse by purety of proportion those adjoyned v. 26. contentions seditions Heresies c. those Antichristian seducers Revel 16. 13 14. are persons of turbulent spirits in civill states stirring up to warres and the like that Impostor and seducer Theudas mentioned Acts 5. as a murtherer and seditious person Histories ancient and moderne are full of examples of this nature of persons of corrupt Principles in religion becoming movers and Abettors of civil Seditions The third branch that it is a toleration of that which breaketh religious States hedges and walls c. appeareth that hedge Job 1. 10. Zech. 2. 4. 5. and wall of fire of Gods gracious protecting providence over such a State is undermined by such things As Adam was naked in that respect Gen. 3. 10. so was the State of corrupted Israel naked Exod. 32. 25. before their Idolatry was punished Moses saw that they were naked and as a meanes of recovery of their wonted covering he commandeth the civill execution of Justice upon some for terrour to all the rest vers 26 27. those fox-like false Prophets Ezek. 13. 4 5. let alone did spoile the vines and break the hedges and saith God both to Church and State Rulers Yee have not gone up into the gap neither made up the hedge for the house of Israel to stand in the battle in the day of the Lord. Their care should have been to have prevented such breaches thereby but yet though the hedge was broken a gap made and warre from God prepared against them all might have done well enough had not State and Church Officers both been too indulgent and remisse in punishing the causes of such mischiefs Hence also when such corruptions in Ministry and Worship mentioned Ezek. 22. 26 27. are let alone verse 30. we read of a gap made and no man of Authority being found to make it up for the Land that God should not destroy it Therefore saith God vers 31. I have poured out 1 Kings 11. 1 2 3 4 5 6. c. mine Indignation upon them Corruptions in religion connived at and too much countenanced by Solomon in his wives rent that Kingdome in pieces whence by punishing such corruptions in religion evill is said to be put away from Israel Deut. 17. 2. 3. 7. as if otherwise Israel had been exposed to that evill R. 7. Such a toleration of such corruptions before mentioned it interpretatively by God himselfe a kicking at Religion and honouring of such as hold forth and practise those corruptions in religion above the Lord himselfe and therefore undeniably not to be yielded unto by regulated civill Rulers the consequence none but profane spirits will deny the antecedent is evident by that 1 Sam. 2. 12. to 16. compared with 23 24 25 29. verses It was a corrupt religious custome to snatch out in that sort what first came to hand and forcibly to take the fat of the peoples sacrifices for the Priests use the matter was not fundamentall nor contrary to the light of nature but very justly offensive to God and men ver 17. Eli is told of all that as well as of other sins of his sons against the second Table he chideth them a little as a father but doth not as he was a Judge 1 Sam. 4. 18. He judged Israel forty yeares punish'd them according to their deserts he is indulgent they are let alone what is Gods censure of this v. 29. Wherefore kick yee not Hophni and Phineas only but Eli too at my acrifice and at mine offering c. and honourest thy sons above me to make your selves fat with the choicest of all the offerings of Israel God instanceth in this his indulgence towards his sons in that matter of that corrupt religious custome onely as if that was as vers 17. of most heinous guilt before him the sin of your young men was great before the Lord and it is observable since there is a purity of proportion Such Rulers as can be indulgent to gâ—osse errours and corruptions in religion in Gods worship and sacrifices they little regard Gods truth or worship they kick at iâ— in Gods account and if they will needs bâ— soever-tender of such as are not fit objects of their tendernesse they shew little tendernesse of Gods name truth worship or honour they it seemeth more regard them and their ease c. then God thou honourest thy sons above me now who would be so thought of by the Lord. R. 8. Such a toleration of such evills mentioned causeth the very evills themselves to be charged upon Rulers and bringeth the wrath of God upon them also ergo not to be yielded to by any godly wise Rulers the consequence none not prodigall of Rulers welfare will deny The Antecedent appeareth Solomon is said to goe after Ashteroth c. which as its thought was onely in respect of his connivence at and