but with all thy strength this must relate to Man For the strength of a visible Christian is demonstrable to Man by outward actions when strength exerts it self by doing what is Commanded Omission therefore of a visible exercise of Piety must be concluded in reason a sin of the greatest size since it is a transgression of the greatest Commandment Again Transgressions of a general comprehensive Law of Piety are greater than the transgression of a single particular Law that command a single Duty But omission of Vniformity prescribed is a transgression of a general comprehensive Law of Piety Faith comprehends all the duties of Christian Obedience and what doth it profit a man in a Visible Church to say he hath Faith if he hath no Works and do not make his faith appear by Confession If we know we must acknowledge if we believe we must speak He that offends in this one point is guilty of all Jam. 2.14 And if offending against a particular prohibitive Law of Charity renders a man guilty of transgressing every part of that Law how much more if a man offends a comprehensive Law of Piety In the Judgment of Man such a Person must be lookt upon to have denied the Faith c. So if any man would ask what is the Name of this sin it must be answered Legion for they are many When most of the Commandements of the first Table are openly transgrest by this wilful Omission And if deliberately considered it must be acknowledged That these sins of wilful Omission or Recusancy of Obedience to preceptive Laws of Piety are greater sins than sins of Commission against the prohibitive Laws of the second Table that concern Charity in respect of several Circumstances that such Transgressors are involved in which must needs aggravate these sins exceedingly For these sins of Omission are open and manifest but those sins of Commission are many times secret and hid Therefore many times sins of Commission fall under the Judgment of God only but sins of wilful Omission fall certainly under the judgment and condemnation of Men and therefore it is undeniably just and reasonable that Religious Magistrates make severe animadversions upon those sins especially And he that judgeth and condemneth his Neighbour for Hypocrisie though he judgeth truly yet he judgeth rashly and uncharitably because such sins are indiscernible to man but when Profaness and Impiety are manifest by a wilful Recusancy such sins go before men to Judgment and Officers may accuse and condemn such notorious Crimes justly and warrantably And sins that are done impudently and shamelesly are worse sins than those that are done modestly and closely Now beastly sins of Commission are committed secretly 1 Thess 5.7 they seek the night to conceal them and darkness to cover them But if men will be openly guilty of their Abominations and not be at all ashamed if they will declare and publish their sins like Sodom and make their Faces harder than a Rock and refuse to return a Visitation is lawful and justifiable upon such open sin and the Magistrate is not just that will not take vengeance upon such wilful Transgressours A second aggravation of sin may be when a sin is Electively and voluntarily committed For this must be confessed that Vertue or Vice are more or less Meritorious as they are more or less Voluntary A sin must be greater that is upon deliberate Choice committed than that which is done upon surprizal through the prevalence of a Temptation suddenly and inconsiderately Now sins of Commission have many of these Excuses Either men are basely or degenerously indulging the Bestial part and so are transported with the present impression of some sweet delight that pleaseth the sense which admits of no deliberation Or else through Pride Envy Malice or Revenge which would be satisfied men have hurried headlong into irregular Attempts Or else through a fawning flattering Compliance with the prevalent Humors of the Times men have been misled with the Customary practice of a multitude and have prest like Beasts Non quo eundum sed quaitur Following bad Example to do evil and without natural affection not guided by Reason have fallen into the worst of sins of the worst of Times But now what Temptation or excuse can any man alledge or pretend for wilful Omission or Recusancy Other sinners have had either pleasure or profit to quicken the Temptation and make it more active and more prevalent but what fruit what benefit can the Recusant alleadge for not doing what is injoyn'd He absolutely chooseth the evil and refuseth the good voluntarily without Temptation sure this sin is to be accounted without excuse Another aggravation of a Sin is when it is done resolutely and obstinately Now what is done resolutely and constantly if bad is worse than what is done uncertainly and contingently Now sins of Commission many of them have their abatement and weakning by Age and Time but sins of Omission gather strength by continuance and make man more indisposed to forsake them For sins of Commission men are ashamed weary of them and forsake them in time but for sins of Omission we rest securely and delight in them In this case there 's no probability men should take care to be well who never are sensible they are sick They make choice of their Delusion and willingly would be given up to the Continuance of their Abominations We see their obstinacy and resolved impenitency And this must be accounted another aggravation Another aggravation of a Sin may be if it be against a Promise and Covenant solemnly made to the contrary Every man is bound stare pactis promissis so it cannot reasonably be denied but a wilful Omission of duties of Piety in a Baptized Subject who hath declared and signified firmly his profession of holy Obedience to the Faith is far worse than a wilful Omission of a Jew or Infidel that never promised observance to Gospel Rules and never made Profession Heb. 10. The wilful sin was not an invisible but a visible Recidivation For this must in reason be accounted a visible and interpretative Apostacy drawing back and falling off from his Profession declared by his wilful omission which by Promise and Vow he had engaged himself to perform And what sense the Divine Author in his Epistle to the Hebrews had of this sin is easie to be gathered from this tenth Chapter The Holy Author directs his Epistle to a Society of Believers by Baptisme externally united and sanctified to be visible Members of a Christian Society that had not power to discern spirits or intention but judge they might of Externals words or actions He wrote therefore to them v. 23 24 25. to take care of their Carriage and Conversation that was sensibly to be discerned in their Religious Assemblies That they did not decline or forsake Assembling nor in those Assemblies profession of Faith nor mutual Exhortation nor provocation to good Works For the Blood of the Covenant by
AN APOLOGY FOR THE LAWS Ecclesiastical ESTABLISHED That command our Publick exercise in RELIGION AND A serious Enquiry whether PENALTIES Be reasonably determined against RECUSANCY By WILLIAM STARKEY D.D. Rector of Pulham in Norfolk LONDON Printed by T. R. for Henry Brome at the Gun West end of St. Pauls Church 1675 TO THE Right Reverend Father in GOD PETER Lord Bishop of ELY My LORD THere be two Idols set up among our Brain-sick People which must be broken down viz. LIBERTY OF CONSCIENCE and TOLERATION Under the Name and Colour of the first many set up their misled Perswasion for a Law and so sin without possibility of any sense of Guilt or Conviction Secondly Under the Name of Gospel meekness gentleness and peacableness they cry up TOLERATION and IMPUNITY and so are without fear to add sin to sin when in no danger of a subsequent punishment These if suffered and countenanced will in time overthrow RELIGION and GOVERNMENT which are the pillars and support of Order and Peace both in Church and Kingdom To encounter and remove these two great obstacles of our Happiness my design hath been in this little Treatise to assert and prove two things 1. That there must be just Laws established in every Society to limit the Conscience of the Christian and Rational man and that whosoever transgresseth those Laws is guilty of sin notwithstanding any plea of Conscience which can give no license for any man to sin 2. That Punishments by Gospel Rules are necessarily inflicted upon obstinate Offenders and that Toleration and Impunity are of dangerous consequence to our King Church and whole Nation The Reasons are many that induced me to dedicate these weak Meditations to Your protection my good Pious Lord as that I might lay hold on the first opportunity of manifesting that just Observance Your worth and dignity as well as your favour have challenged and extracted from me And because honoured with the Title of being Your Son I accounted my self in duty obliged to give you some assurance of the soundness of my Judgment and stedfastness of my Faith and Conscience firmly assenting and adhering to the right exercise of the best Religion and the best Government under Heaven which must tend not only to my own credit but Your content and satisfaction And my Ambition is to give Testimony of some resemblance to be in me to such a Father whose zeal and ability to defend the Church and Government is eminently known to a great part of the World And verily it is but common prudence for my own security to provide such a Patron as You are to assist me in defending a Noble Argument which though full of Truth Loyalty and Necessity fit to be published yet in probability can no sooner be drawn out but it must expect to meet with much opposition Yet this gives me encouragement that while under your Banners though I expect many Gainsayers yet I can fear no Confuters If I should fall it will be honourably yet I dare promise my self to come off victoriously And under Your conduct I cannot but assume fresh Courage if called upon farther to maintain the Faith of the Gospel the uniform Worship of God the Government both in Laws and Penalties justly fixed and executed against Recusancy which will certainly advance the order peace and welfare of our whole Society My prayers and endeavours are intent upon these things and so long as I continue stedfast in those Designs and Attempts I hope You will not account me unworthy to profess my self as the Churches so Your Lordships most obedient Son and Humble Servant W. STARKEY Four PROPOSITIONS offered to Consideration I. The Laws of our English Government that command every Believing Subjects Uniformity in the publick exercise of Religion are established according to the Law of Nature and Rules of the Gospel II. The wilful Omission or Recusancy of any Baptized Subjects Conformity to such Laws is an open Sin and a dangerous Disobedience III. The threatning and determining of Punishments to be inflicted upon wilful Transgressors of such Laws are according to the dictates of Human Reason and the constant practice of the Church of God IV. The inflicting of Punishments as determined is just and necessary for the safety and welfare of our Nation Proposition I. Chap. I. Governours are to be appointed over every Believing Society by the Laws of Nature and Rules of the Gospel and our Governours are so appointed especially Section I. What is conceived must be meant by the Law of Nature Section II. What we are to understand by the Rules of the Gospel Section III. By both these Governours are to be appointed over every Believing Society Section IV. Our Governours are thus appointed over as especially A Serious Apology FOR THE LAWS Establisht in the Exercise of RELIGION SECT I. 1. GOD Almighty who of his infinite wisdom in decent and comely sort hath sweetly ordered and disposed all his works in number measure and weight hath given to every of them a principle form and measure of working to moderate and limit their force and power fit suitable and correspondent to their designed end to some Canon Rule or Law A Law which they cannot pass naturally but moving by that Law according to their several conditions they may come to that acquiescency and content that may render them happy according to their several capacities If they be Inanimate Creatures that move unwittingly and yet constantly as the Heavens and Elements The Sun knoweth its rising and the Moon its going down The Stars keep their courses the Orbes their Rotations according to Gods Ordinance or Decree they all move as the Divine wisdom orders them If they be Animate Creatures that have though weak yet some understanding they move from the most perfect principle they have to seek their content and satisfaction To gratifie their senses is their utmost aim And if they be voluntary Agents that clearly apprehend what they do yet kept they are as inclined in one constant tenure and course of working according to the establishment of Natures law And this innate obedience to the law of Nature as God hath ordered is the stay the ballast of the whole World that Gods Creatures cannot naturally or ordinarily do otherwise than to shew themselves apt and inclineable to this innate Obedience Now MAN that hath a Rational and immortal Soul and so a more noble Principle and hath more excellent endowments and perfections than the rest of visible Creatures must aim at nobler Ends attainable by those faculties and abilities with which God of his goodness hath extraordinarily blest him So that to gratifie the sense cannot be his utmost aim but to content the Spirit which is attainable by light of Reason and her improvements directing him to those Actions that may conduct and lead him the readiest way to the enjoying that Happiness which is intended So that Man acts most naturally when he acts most rationally when by that noble principle
of humane actions his Spirit he inquires searcheth discerneth judgeth and elects fit and suitable Means directly tending to that ultimate End viz. his content and acquiescency unto which he aspires and inclines So the Spirit of Man is the Candle of the Lord set up in his Superiour part to direct Mans goings in the night of this World and to guide his feet in the way of peace So upon discursive Reasoning to choose and approve of the most plain way and most direct means to conduct him to his designed end of content must be granted to be the Nature of Man And the Laws of Mens Natures are the results and last conclusions of the Spirits practical Reasoning The dictates of the Intellective part prudentially limiting directing and ordering mans Actions as they most probably move in a streight tendency to their ultimate End are the Laws of Nature in Men. Now Man is to consider himself in a double respect privately singly or distinct from company and rationally is to mind his actions for his particular peace or publickly as interessed in humane Society and to order things rationally for its general good For internal secret Actions that tend to every single mans particular content a mans own Reason may be supream Judge and give Laws and Rules for his direction In such cases we allow every man the judgment of his own Discretion But for open and external Action in our Conversations as relating to Society for regulating them every man is not a competent Judge That 's Natural Quod convenit cum natura sociali rationali It 's natural for Man related to a Society to submit to the just determinations of his Governours whose wisdom knows to order what is best and most conducing to Publick peace which by reason in this last Circumstance he is bound to preserve and maintain And yet then also private Men move naturally in a direct tendency to their own particular happiness when they discharge those duties of Charity and Kindness that preserve peace to their Neighbours to which they are obliged and they by it create a content and delight in their own Spirits which naturally must be satisfied They erre dangerously that think and say That because they have a Law from their Reason within their selves for their own private and secret Opinions that their own Reason may give directions for publick Actions that concern their Neighbours The Laws therefore of Mans nature that direct mens external Actions to promote the peace and welfare of Humane society are not Mens private particular Judgments but Governours sober and deliberate determinations For if every Mans particular Judgment were his natural Law in Publick Concerns what could be expected but from different and contrary Judgments there would be different and contrary Affections and Actions a renting into Divisions and Dissensions and an irreparable breach there would be of peace which is the main end of Government and Society So that if Subjects will move naturally and rationally in a setled Society they are to account the just and sober Constitutions of their wise Governours to be the Laws of their Natures to direct them for Peace to which they are bound naturally to conform Just Constitutions I say For neither power greatness nor multitude countenancing or maintaining disordered Actions can make them natural to men but only their consonancy to Reason and tendency to a good End And so it is not what hath been done or what is generally done through sense passion or custome but what ought may and hath been done upon sober deliberate Reason is to be accounted natural to man And if we consider we must acknowledge that very oft prejudice education passion custome and interest hath perverted the Reason of Governours but these things ought not to be thrown as a reproach upon Humane Nature He saies true that saies Hony is sweet though sick men think it not so It is not to be reputed the Nature of men but corruption of Nature when numbers of men choose or determine any thing impious or unjust It is not Humane Reason but the depravation of it that dictates and concludes practically of any thing that is filthy or dishonest For they act not rationally that erect not proper means nor humanely that fix not in a right end that is the publick good of the Community in which they are interessed and concerned From our paper Hectors and whifflers for Humane Reason although I hear much of the noise I can see very little of the thing in them For not aiming at the end of Society they cease to be humane and not choosing the Means and Rules to the End which is the right ordering of publick Actions they cease to be rational and prudential So the dictates and conclusions of the sober discursive Reason of Governours deliberately directing and choosing fit means to compass the designed End of Societies peace and full content are to be concluded the Laws of Mens Nature in relation to their Societies by Governours to be established and by Subjects naturally to be submitted unto And thus also we must determine if we will considerately be directed by the Rules of the Gospel SECT II. 2. GOD who made Man of his free Grace the perfectest of all visible Creatures and capable of greater Happiness hath given him greater endowment and ability by which that Happiness might be attainable And therefore hath ordered and placed the Intellective faculty as the Sun in the heavenly part of that Microcosme by whose clear dictates as so many radiant emanations of light Man may walk safely and guide himself But by the unlucky interposition of Earthly delight Sense Passion or Custome this glorious Light of Heaven from time to time hath suffered Eclipses and Men too frequently like Beasts in a Wilderness have wandred out of the Way and have found no full content to rest in But evident it is Our Gracious God who knew not to take off utterly his Loving kindness from man nor suffered his Care of him to fail out of a tender regard to his safety hath at sundry times and in divers manners given Men the light of his Word and hath openly from time to time declared That he would have Man come to the knowledge of Truth and be saved And therefore he who out of his great love spake to our Fathers by his Prophets hath in these last daies spoken to us by his Son whom he sent from his bosom to reveal this good Will of his to transform Mankind by renewing the Spirits of their minds while they approved the good and acceptable Will of God and this is rightly called the Gospel of Jesus Christ So the Will of God in this last dispensation revealed and published by Christ and his Apostles is that which we understand by the Gospel and this is no more than the good News of a possible Happiness for Man and the Rules to be observed by which that Happiness is attainable Now this I humbly conceive is
known who watch for their own private gain more than publick good let such modestly be desired either to lay down their Honour or take up their Office For its evident by Reason and Scripture That it is every good Rulers duty not only to hinder the Evil but to promote the Publick welfare of the Society over which he is placed SECT II. To promote Publick good Governours must take care to establish Laws OF necessity there must be Laws constituted about every Company of Man that are knit into one Body for if not restrained and limited many Persons that have more Sence than Reason would wildly break out into exorbitant excursions and mislead others extravagantly into dangerous Irregularities A City had better be without Walls than Laws its safety depends more upon the latter than the former For without Laws Men would be like Beasts the strongest would devour the weakest and savagely tear and devour one another without controul The Sword would be the Rule of Justice and the strongest Arm would have the best Cause Men would regard Power more than Right So that Law in a Society is like a Soul in a Body without which the Body is corrupted and dissolved immediately And as Laws must be of necessity to uphold the being so must they be to preserve the welfare of any Society For they afford direction and guidance for humane actions And as good take the Sun out of the Firmament as Laws out of a Nation without which as in a perpetual Night men would stumble if not fall and dash continually one upon another and offensively Another hath it Laws are as Eyes to the Commonwealth that give beauty to the Face and direction to the whole Body But to set forth the usefulness of Laws sure I cannot do it better than to compare them to Nerves and Sinews ligaments of the Body politick not only to compact and knit the several Joynts into one Body but to convey life and spirits unto every part as is convenient that they may all agree in the same regular motion as they are adapted and every part may move for the safety and welfare of the whole Neither being nor welfare of a Society can be preserved without Laws But Who are to make and appoint Laws There 's the Question He that ordered Kings to Reign hath ordained Princes to decree Justice The first duty and work in Magistrates is to ordain and constitute Laws This is the Rulers Province It was rightly determined by the Schoolmen Non cujuslibet Ratio facere potuit Legem Every man is not wise enough to make a Law And if he had a Head to contrive yet he hath no Authority to establish And there is no reason to think That any publick Law should be of a Private mans constitution For every man of the same Condition may challenge the same Liberty So that there being contrary Judgments and determinations there might be contrary Laws and so there would follow contrary Actions inevitable distraction and opposition which will not only destroy the welfare but the being of the Society For private Persons to make Rules and Laws for their own private Actions who can hinder them But our gracious God hath appointed Governours as his Deputies by a wise Providence to direct and order the publick Actions of men for the publick good of the Society in which they are interessed As God the World and Christ his Church so are good Governours to Rule over their People by constituting just Laws that promote their Happiness SECT III. LAWS must be established and the nature of a Law is that it doth oblige ad id quod rectum It is the first thing required to the Constitution of a Law by the Schoolmen Rectitudo Right A tendency to the End A Law a Canon a Rule is a notified boundary to confine and limit mens Actions that they may not be loose and extravagant but they may be directed in a streight Line or tendency to the prize aimed at viz. The Comfort and Content of the Society to which such Laws are composed and published The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is oft used by St. Paul in his Epistle to the Graecian Churches and oft he alludes to their Agonistical concertations in their Istmian Games especially that of Running And beside the Barriers from whence the Coursers started or Ieaped and the Prize or Crown to which they tended they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a white Line which marked out the Path bounded the Race and whatever the heat or activity of the Racers ran they never so swiftly or vigorously if they transgressed or ran over the Line this was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Tim. 1.5 to strive Legally and consequentially they lost the prize A Christians Conversation amidst Believers is a Race from the first exertion of Reason whereby he leaps into Society He stretches forth and aims at an incorruptible Crown that God holds forth unto him Whatever the Christians heat or agility is if he will so run as he may obtain he must observe that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that Rule that is given him and not transgress those limits that are prescribed him All aberration all extravagancy must be declined he must keep close exactly to the line and limits prescribed that he may move in a direct tendency to the End proposed Now Rulers and Governours are to intend the publick good and welfare of the Society To compass this they Establish Laws and these Laws are directive Rules of humane Actions tending ad bonum publicum They are to think and consider and if Reason rightly deliberates she will conclude and determine only of such things as are true honest just pure lovely of good report if there be any vertue if there be any praise they will think and determine only of such things Injust then and dishonest Commands cannot be called rightly Laws because they tend to the hurt not the good of the Publick For Rulers to Command without controul and to set no bounds to their lawless Will and inconsiderately to enjoyn what is unjust illegal and what tends not to good is the Vice of Superiority and Power not the vertue of Ruling by a Law For nothing can be called a Law but must oblige to what is Just and tend to a good End The End must be Peace the Means must be Righteousness for the effect of Righteousness is Peace And where Glory dwells in a Land Mercy and Truth meet together Righteousness and Peace kiss each other And as such Commands cannot be called Laws if injust so when imposed they are not binding nor obliging It was not more stout and valiant than reareasonable and honest that pious Apology made by the Father for the poor persecuted Christians to the Emperour who commanded them irreligiously to sacrifice to Idols Da veniam Imperator c. major est c. Give pardon Oh Emperour we cannot obey thy Commands in this thing for he that is greater
than thou art Commands the contrary And when Commands are contrary from two Powers supream and subordinate greater and lesser it is beyond dispute which we ought to obey To obey the Subordinate powers Commands when the Supream forbids is downright Rebellion but to obey the Supream powers Commands although the Subordinate power Commands the contrary is honest and reasonable Obedience And the Supream holy God who Commands only what is Just is to be obeyed before the Emperour when he is Subordinate when he commands things injust and unwarrantable Therefore with the Three Children We are not careful to answer the King in this matter It 's better to obey God than Man This then we conclude That Laws of Rulers must be Just and tend to a good End Some Laws are Natural of things or actions Natural some Positive of things or actions Indifferent Those that are Natural have Intrinsecam vim obligatoriam from their Equity they have an obliging vertue if no publick position or Constitution These are of things or actions of their own nature either good or bad and would be followed or avoided by Reasonable Man and would be approved or disallowed of a Just God if he had neither commanded nor forbidden them Now besides the Ten Words God gave to Jacob there were Statutes and Ordinances that God gave to Israel when particularly he undertook the Government of them some Voluntary Laws some Ceremonial some Judicial things injoyned that were of their own nature neither good nor bad But Praecipiendo debita vetando Deus illicita fecit Gods Authority being uncontroulable and his Wisdom unquestionable they were to be followed or avoided as most convenient for that People in that present condition What was intrinsecally lawful was universally binding Christ came not to destroy that Law but to fulfil it Heaven and Earth may pass away but not one tittle of that Law was not to pass away but ought to be fulfilled But what was positive particular and voluntary were Changable and these had their period some of them at Christs Passion more of them at the dissolution of the Nation Now as it was with God and his Israel so is it with godly Rulers and their People There are certain Rules and Statutes rationally agreed upon and published as the most Just and best directions conducing most to the good of the Community where divulged among which some are Natural that are of their own nature intrinsecally good and have an obliging nature and would be binding as Laws of God if no position if no Constitution from Man such as necessarily indispensible neither are they to be abrogated or null'd by man that cannot be made unjust by God himself But other Laws among them are positive and voluntary which have their position from Man only and so may be called Humane Ordinances Laws of Convenience such Constitutions as are established upon deliberation as most convenient pro hic nunc in the Judgment of Grave and sober Persons chosen and appointed for determination of such things for the peace and good of the Community wherein they live And Sufficit Ratio Vniversalis we are to abide by it That a thing or action suitable and in Reason tending to the peace and good of the Society should be determined and when determined should be obliging To Conclude then this particular Lex est ordinatio Rationis ad bonum publicum ab eo qui curam habet Communitatis promulgata When so it is that a Law is a right order and appointment of Reason for Publick good published from him that hath the care of the Society And fith some Laws are natural immutable indispensable and are fixed and determined eternally before any Constitution of Governours but others are voluntary temporary mutable that have their Constitution and Establishment from Governours determination upon conveniency These latter determinations of indifferent things are properly called Laws of Governours Laws and Determinations of Natural things the Governours do but revive and invigorate them but the Laws and Determinations of Indifferent things the Governour animates them gives them being and establishes them So these positive Laws Constitutions of Indifferent things to prevent division and settle peace these are properly the Laws of Governours and it is natural and necessary for them to take care of such Determinations in their respective Societies They are Reasonable and Just because of things not unlawful They are necessary because they tend to Peace Thus it is clear to any sober Reason That Governours ought to determine and establish Laws for the good of the Society in which concerned SECT IV. 4. DEliberation is requisite to be previous before the Determination of such Laws For when a Law is the ultimate dictate or conclusion of the Governours practical Reasoning this cannot be supposed without previous discurse without considering and perpending seriously the legality or illegality the convenience or inconvenience of the Action and so by publick Authority it is decreed to be done or forborn accordingly Imperious Commands of the Greatest persons that are imposed suddenly or precipitately lose much of their Authority and influence upon the Subject being entertained but faintly when liable to be suspected as the issue of pride ambition fancy or passion But when the morality and conveniency of the Action commanded or forbidden is fully debated and weighed before decreed all prejudice is quite abandoned when it clearly appears the Decree is the result of a sound Judgment and the product of a sober Reasoning Though many Laws of Governours fixing and constituting are called Voluntary Laws yet they are not rashly but discursively established For Governours are Gods Deputies and like him determine Rules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Counsel of his Will Deliberandum est diu quod Statuendum est semel Determination of things are not warrantably done but in every Counsel as in the first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 much debate and disquisition being made the Decree was fixed accordingly To Command therefore arbitrarily any thing or action out of a listful appetite rashly or unadvisedly in the heat of a Passion is an Impulse sensual found in Beasts and cannot be proper to men For when the Sun of Reason goes down in the night of Passion Men like Beasts run headlong into Pit-falls Snares and Gins and give too hastily place to the Destroyer That cannot be a binding Rule to Rational Creatures and entertained as a Law that comes without Deliberation Nebuchadnezar's Commands by Sheriffs Dan. 3. for all People to fall down and worship the Image of Gold was not a Law though it had Publication for it wanted two things required to constitute a Command a Law 1. It wanted Rectitude it was not Just 2. It wanted Deliberation But when Consideration is antecedaneous to the Decrees of Rulers it gives the Subject great satisfaction and inclines them chearfully to submit and conform to such Rules established if they think soberly and esteem the Ruler wiser than themselves And
Authority That thou esteemest thy self wiser better and Greater than he that is set over thee When thou darest in prejudice wilfully oppose thy own misguided Perswasion against the sober well-grounded Determination of thy Governour which was fixed to minister to Peace And now consider what thou dost that thou maist enjoy thy own obstinate Perswasion thou wilt lose thy Peace and certainly thy gratisying thy Humour will not countervail the loss of thy Peace besides the gauling Guilt of thy wilful Disobedience when by the Light of Nature as well as by the Will of Christ thou art obliged to submit to the Ordinance of Man for the Lords sake whether of the King as supream c. Thou art from thy heart to be subject to their Determinations not only for wrath but for Conscience sake for though the Law or Ordinance be Humane yet thy obligation is Divine The Law may be positive and voluntary of things in their own nature Indifferent yet thy Submission must be natural to just Determinations and according to the Law of Nature and Rules of Christ as certainly as there is any Morality in the fifth Commandement or that Peter was an Apostle and wrote the Will of Christ who bids us submit to every humane Ordinance for the Lords sake When but two sorts of Laws some Natural that are predetermined but are enlivened and further confirmed others Voluntary or Positive that when not unjust receive their being constituting and ratifying from their promulgation by Governours To both these Subjects are to submit not only for wrath but for Conscience sake And for us of this Nation when God hath manifested his approbation and good-liking to our Governours and Government by his wonderful Restauration it were unworthy to think such Ingratitude could be taxed That either the Governours should be remiss in fixing Just Laws for right Ruling or that Reasonable Subjects should be backward in ready Obeying Conclude we then this Point as to our selves That our Governours of England being appointed for the good of the Nation and having established and published Laws Our Subjects are bound to submit to those Laws accordingly CHAP. III. The first care of Governours should be by Laws to oblige their Subjects generally to a Publick exercise of Religion Section I. The first care and main end of Governours should be to instil and imprint an esteem love and care of Religion in their People II. Governours are to endeavour among their Subjects to promote the outward exercise of Religion III. Governours are to take care that the exercise of Religion among their Subjects be Publick and Vniversal SECT I. The first care and main end of Governours should be to instil and imprint an esteem love and care of Religion in their People 1. FOR it being sufficiently proved That Governours in their Offices are chiefly to aim at and contrive for the general good of the People under them that they may live peaceably and happily and because the means nearest to that end must be Religion their next care to compass this End must be to imprint in the minds of the People an esteem and love of Religion as the directest way to their Happiness That naturally every man hath a sense of a Deity is beyond Controversie He sees and observes himself and all things visible to be made and upheld by an Invisible Power and governed and disposed by a more excellent wisdom and discretion From the Creation and Order of things that are made men by natural Reason may come to the knowledge of a Being not made and independent That He is a Spirit Supream Infinite Omnipotent necessarily Eternal All-sufficient and incomprehensibly transcendent in all Perfections from the light of Reason if not clouded He must be acknowledged and being thus acknowledged he must be worshipped It was not only at Athens but all the World over That the God that Made the World ought to be worshipped That this Infinite Being may not be offended but pleased and that his poor Creatures may escape the dreadful and intollerable effects of his Anger who is Almighty and gain all the ineffable contentments of his Love who is All-sufficient must be the main design of Rational men Now to compass this End certainly Religion and the worship of GOD must be the way And what is Religion It is a respectful observance of that Majesty which is to be reverently adored A due respect of the rational Creature to the Supream Being This Respect consists in three things 1. In high apprehensions and estimation of Gods infinite Excellencies and Perfections To think highly and honourably of God is the beginning of Piety and Religion Aug. 2. In suitable Affections Having rightly esteemed God as the best and greatest of Beings that we fear him as the Greatest and love him as the Best is another part of that Respect we owe to him 3. In a suitable signification of both Man being created for Society and naturally inclining to joyn himself to others and seeing in the state we are in we cannot comfortably hold any Communion but by a sensible signification of our Apprehensions and Affections That we give Attestation of these things must needs be natural and necessary And these Sentiments of the necessity and benefit of Religion all People have had from the beginning All Nations were ever perswaded that they should be most Prosperous who were most Religious No People so Barbarous but they gave joyntly their significations of observance and piety and respect to him they accounted Supream Hence they made some testifications and acknowledgments by Sacrifices and other Religious Rites to appease and make that Deity they adored propitious and gracious And though all Nations and People had originally and naturally received these impressions and perswasions of the necessity and commodiousness of Religion yet we never read nor heard of any Famous Governours but they have revived and cleared these Old Impressions by new Laws and Injunctions And whereas this care of implanting Religion in the minds of the People for their good is to be found in all Governours that improve their Reason to right Ends in the discharge of their Offices yet this Care ought to be chiefly and eminently in those Governours that besides the light of Reason have from the publication of the Gospel a most clear discovery of the infinite Excellencies and Perfections of God and of that true Religion which ties men to God which teaches whom and how we ought to worship For if to have God Infinite appeased to us and pleased with us be mans ultimate End and this End is no otherwise attainable than by Religion most easily attainable by the best and truest and that is the Religion prescribed to us in the Gospel certainly that our Rulers should command an observance of that Religion of the Gospel is very agreeable to the end of their Constitution and to their Profession of being Christians The first design of a Ruler set over the People for their good is
to take care for what is best and the care of Religion is the best Care men can have in this World Hear O ye Kings understand and learn ye that are Judges of the Earth Men must give unto Caesar the things that are Caesars and Caesar himself must give unto God the things that are Gods The Jewish Kings had the Book of the Law delivered to them and our Kings the Book of the Gospel at their Inauguration If we consider the effects of Religion the sweet fruits of it in our own private condition or more publick relation that Blessedness which at all times and every where does accompany her we cannot wonder that it should be our own and the Rulers care to promote and advance Religion There is a delight and great content that arises from all holy employments and a blessedness inseparable from all holy affections Light is sown for the righteous and joy for them that are true of heart Poverty of spirit entitles to the Kingdom of Heaven mourning to comfort hungring and thirsting after righteousness attended with satisfaction and fulness the pure in heart are nearer to the fight of God Piety brings the best contentment and the surest gain Her waies are waies of pleasantness and all her paths are peace It is this without which we cannot be fit for any Society He cannot truly love his Neighbour that does not honour and love God he cannot be faithful and honest he cannot be sweet and kind and easie to others And now be your own Judges you the prophane and irreligious men of these Times whose wit the thing you so much pretend to shews it self in nothing but in scoffing at Religion and in making it a trick of State to preserve Peace and Order Is it not just and reasonable that you should suffer the results of your own Judgment be banished out of all Society be excluded from the protection of a well-ordered Government seeing you would laugh that out of the World which your selves confess unawares to be so conducive to the preservation of it SECT II. Governours are to endeavour amongst their Subjects to promote the outward exercise of Religion THE outward exercise of Religion is natural to us while we are conversant on Earth For as it is natural to worship and serve God who discerns the thoughts intentions and affections with our Spirits so it is Natural to give some external and sensible demonstrations of that inward Devotion that while we Converse with men we may give them satisfaction and evidence of our being Religious And among men the Ruler ought before all to be satisfied that he may with chearfulness and pleasure administer his office and give up his account with joy as having not watched for the good of his People in vain Now the thoughts of the Subject are not under the Rulers cognizance He can judge only by the outward acts God alone knows effects by causes We no otherwise know Causes than by Effects Fire by heat the Sun by light and Life by motion Religion by exercise and Affection by outward significations And we are to make these sensible Demonstrations not only for the satisfaction of others but also for the glory of God whom as we are to glorifie with all the faculties of our Souls to know and consider his Excellencies with our understandings to submit to and obey him in our Wills so we are to worship him with our Bodies our hands to be lifted up to him our Eyes to wait on him our Ears to hear him and our Tongues to praise him The necessity of this outward exercise of Religion appears farther from our being made not to be alone but for Society And no Society can be maintained without an outward Communication The acknowledgment of this we may by a very easie consequence force from those Men that profess to be so much against it who assemble together and in their Assemblies use long Prayers and prolixe Preachings without which exercises and visible attendances they think they cannot evidence themselves Religious with satisfaction either to themselves or others Were we indeed in the state of Angels and able to communicate our thoughts by invisible species and by our bare volitions then and not till then we might upon the pretence of a true heart and a good disposition of mind content our selves and our Neighbours In the mean time it is natural in all things to give some sensible indication of our thoughts and to signifie to others how we are affected within Bodies and Souls whilst united together must needs have an influence upon one another A distracted mind has a lowring brow and a merry heart has a chearful countenance By this outward exercise of Religion we raise an esteem and love of Religion in our selves and in others 1. In our selves For we grow into a love of and delight in that thing we daily converse with it becomes easie and familiar to us Acts become Habits and are rooted fast by a frequent repetition Strength is encreased by use and love of Religion by exercise 2. In others For man is prone to Imitation and hastily follows Example We do many things for no other reason but because others do them And here we must needs be amazed at the unreasonable speeches of Quakers and others who because God is a Spirit and the Gospel requires a worship in spirit will have God to disregard externals and not to think himself glorified by outward Services Wild principles mad delusions fitted to destroy all Government and to make all Christian Conversation unnecessary For if God accept not external actions when agreeable to the Law and be not displeased with them when disagreeable if God himself be so unconcerned we have little reason to take any care in our Actions But we are to remember that the Laws of the Gospel are of two sorts some relating to the intentions and affections and actions spiritual and internal these Laws tend to the private peace of a man and his happiness within himself Other Laws respecting the outward words and actions and designing to make a man happy in Society and Conversation and to fit him to do things to the edification and comfort of others and to the honour of Christianity SECT III. Governours are to take care that the exercise of Religion among their Subjects be Publick and Vniversal 1. PVblick Only of things done in Publick can the Governour take cognizance of and certainly no wise Magistrate did ever make a Law concerning those things which he could have no knowledge of afterwards whether they were done or no. The Worship of God excepting times of Persecution and such necessities was ever publick since there was any at all Hence all people had their Altars or Groves their Mountains or Vallies their Orbs Tabernacles or Temples where they all met at set times and their fixed Sacrifices Prayers and Religious performances wherein they all joyned at their meetings And therefore as this exercise of Religion must
ought not to be called Cruelty or Persecution That they tend to the informing and not inforcing of Right Consciences And that 't is clearly evident from Reason and her Dictates from the Custome of all Nations from the practice of GOD both before and in the time of the Law from the preaching of Christ and his Ministers in the time of the Gospel they are not only justifiable but expedient and necessary in the Church of GOD. Proposition IV. The inflicting of Punishments as determined is just and necessary for the safety and welfare of our Nation MAGISTRATES care and endeavour ought to be to promote the welfare of the People to whom they are related and without question this is most likely to be compassed by an Impartial execution of an exact Righteousness RIGHTEOVSNESS is not only the Girdle Robe and Diadem of the Ruler but the Stay Crown and Glory of the whole Society Now Commutative Justice in Contracts and Bargains if men would not be partial to their own Interest but dispatch them with equity without fraud to each others convenience conduceth highly to the content comfort and prosperity of a People Yet because frequent Contracts are oft agreed of by Private persons for the most part secretly and rarerly fall under the Magistrates cognizance At this time Commutative Justice will come little under our present Consideration Our great respect in this Treatise must be to distributive Justice which is of universal influence and tendeth to Publick peace and prosperity of a Society And it is the principal office and work of the just Magistrate undoubtedly to see this executed impartially Now refined Notions and empty Speculations are not sufficient for the discharge of the Rulers duty in distributive Righteousness But his business is done in his office by practice and action and his care must be not only of passing a right Sentence but of impartial execution of a meet Recompence proportioned to the Merit of every mans work Not only that they who obey honest Laws and continue in well-doing may have Commands Riches Glory and Honour and Rewards as encouragements to Vertuous actions but also that they who are wilfully disobedient may have Indignation Wrath Tribulation Anguish and Penalties inflicted as restraints and deterrments from sinful and Irregular attempts And to see this latter done is the Magistrates Province as much as the former being sent by God as much for the punishment of evil doers as for the praise of them that do well REWARDS and PVNISHMENTS are like two Pillars or Walls that support and uphold the stately structure of Righteousness under whose shadow and defence a People may abide and rest comfortably in peaceful Habitations Take away one Pillar or Wall and all is shuffled together the whole building becomes useless and is ruin'd immediately Let there be no fear of an ensuing Punishment to follow upon acts of Wickedness in our Nation and there will be little love or care of Righteousness in the midst of us That Punishment should be inflicted upon the Offender is natural and divine God in the beginning did determine it and surely what he determines is Just in whom is no unrighteousness And if the threatning and determining of Punishments be Just then it must follow the inflicting of them must be Just also and will follow certainly For he that is righteous hateth lying and he that loveth Truth will faithfully perform what he hath deliberately promised and what he hath spoken for his Honours sake will certainly bring it to pass To act like God cannot be injust therefore Gods Deputies in judging any part of the World as to determine punishments upon Offenders so to inflict them when determined must be just and reasonable also Again Rulers are to be like God and their chief Duty by his appointment that sent them to the Office both by the Gospel as well as the Law is to execute vengeance upon wilful Transgressours The Sword was given them not as an empty badge of Honour for a shew for fashion for ornament only but for use for employment for terrour For he is the Minister of God a Revenger to execute wrath upon him that doth evil Rom. 13.4 The Private man that taketh the Sword rashly shall perish by the Sword of the Magistrate justly and who sheddeth mans blood by man shall his blood be shed And it is a great part of wisdom for an holy King to scatter the wicked and to bring the Wheel over them Prov. 20.26 And without any great pains it may be proved to have been the will of God in all times declared both before the Law of Moses under the Law and under the Gospel that Capital Punishments if the heynonsness of the Crime deserved it might be justly inflicted And if Capital and Sanguinary punishments can be proved lawful because in all Ages appointed and allowed by God sure Emendatory punishments cannot be denied but they may be inflicted and their inflicting may easily be justified True indeed we ought not to mock at Calamity or rejoyce when an Enemy falleth Vengeance ought not to be the Godly mans choice which is not the delight of God himself and 't is not agreeable with the nature of Man to delight himself with the grief and to make himself pleasure with the torment of his Neighbour Yet it is reasonable and just the Malefactour should be punished and that tribulation and wrath should come upon him that works unrighteousness And certainly they have as little Charity as Reason who blaspheme him as malicious or mischievous that accuseth or punisheth the Rebellious or Injurious 1. Punishments as to the Malefactors prove but like bitter unpleasing potions that work strongly for succeeding health And if Capital their Bodies are destroyed that their Souls may be saved 2. To put a period to the Malefactors wickedness Vt quo uno modo Possunt definant esse mali Sen. That they who would not learn to be good may at last be restrained and cease to do evil 3. That others may be affrighted For Poena ad unum metus ad omnes That the whole Congregation may hear and fear and that they may not dare to sin so presumptuously or to commit any such evil among them For when a Scorner is smitten the simple will beware Prov. 19.25 4. That the Righteous may be preserved which cannot be but by Coertions and Restraints upon the Wicked keeping them in fear of Punishment When Inter tot supplicia sontium satis tuta Innocentia Innocence it self is scarcely safe and is never secure amidst all the Punishments And to suspend Penalties is the ready way to make the Rulers undervalued and contemned their Laws slighted and reproached to cause the Offender to grow secure impudent and not ashamed to make the heart of the Righteous faint and the hands of the Wicked strengthned Upon these and some other Reasons some dare not deny all Penalties but would have them inflicted only for the breach of Natural and Moral