enormities as are destructive to peace and unity and by consequence to all Politick Association 2. The second spece of the Object of Politicall Cognizance is Objectum per accidens which is the indirect and mediate Object of Politick Government consisting in the Contingentials thereof being such causes and matters wherein the King may exercise both his Legislative and Judiciarie power over some persons both Ecclesiasticall and Civill but not over other some of either sort And these are those supernaturall and Evangelicall duties which were never knowne nor any way usefull upon the first institution of Politick Government under the old Covenant of Workes but were instituted afterward and made ordinances of the new Covenant of Grace not directly for helps of Politick Government but for the immediate meanes and helps to life and salvation by Christ and the advancement of his mysticall kingdome Such as were the Sacraments both of the Old and New Testament which were symbolicall ordinances instituted by God meerely as seales and confirmations of this new Covenant of Grace and also all Evangelicall formes of Worship Government and Discipline relating immediately unto Christ All which are supernaturall duties wherein the light of nature though it were restored to its native and pristine purity is no way conducent to guide or direct us without particular revelations of the Spirit of God declared either by Scripture or some other extraordinary and supernaturall meanes which duties therefore cannot be knowne to Heathens to which God never vouchsafed the benefit of such revelations nor be possibly capable of any legall sanctions from the most prudent and intelligent Legislator that ever sate at sterne in any Heathenish Common-wealth And yet though Heathens cannot be good Christians they may be good Kings as the Holy Ghost testifieth of Cyrus whose Government is much magnified Esay 45. although he understood nothing of these Evangelicall duties which relate to Christ the like Panegyricks are recorded not onely by the Heathenish but also by Christian Authors of the government of Solon of Athens Lycurgus of Lacedemon and Servius Tullius of Rome And this is further manifested by that judicious and rationall answer which Gallio the Romane Deputy returned to the complaints of the Jewes against Paul for preaching against the Jewish Ceremonies and the outward form of worship prescribed by Moses Acts 18.14 15. If it were a matter of wrong or injustice saith Gallio which importeth sins against the law of the second Table or of wicked lewdnesse which importeth sinnes against the law of the first Table of the Morall law then reason would O ye Jewes that I should bear with you But if it be a Question of your law looke ye to it for I will be no Judge of such matters Whence it is observable that though this wise Heathen was perswaded that it was a part of his office and duty to judge of offences against the law of nature whether they were transgressions of the first Table and so immediately against God or of the second Table and so immediately against our neighbour ye he did conclude from the principles of sound reason that the judgement of these Jewish Ceremonies which were not naturall but Evangelicall duties did not pertaine to his Office or Calling So that these Evangelicall duties cannot be directly and per se the Object of Politicall Cognizance or the subject of any positive Law or Statute generally obligatory unto all persons But yet these Evangelicall duties may and doe fall within the sphere of Politicall Cognizance indirectly and per accidens that is in such persons to whom God doth vouchsafe the benefit of these supernaturall revelations for in regard the service and worship of God ought to be the first and principall care of all Kings as well Heathen as Christian according to the Maxime of that * Arist pol. lib. 7 c. 8. knowing Heathen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Religion must be the foundation of all Policy being the most important businesse amongst the affaires of State cementing all societies and energating all lawes as Plutarch well observeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And in regard also that they to whom God hath vouchsafed the knowledge of these Evangelicall and supernaturall duties cannot with a safe conscience serve and worship God after any other manner but that which in their opinion is most consonant to his word and will therefore it is both lawfull and expedient for Kings to exercise both their Legislative power in composure of Lawes and Statutes for directing a laudable conformity amongst these persons in the religious observation and practise of these Evangelicall and supernaturall duties of the Religion and piety whereof they are already sufficiently perswaded and satisfied in their consciences and also their Judiciary power in punishing the contempt or neglect thereof because to such persons there is no medium betweene the practise of these duties and that wicked lewdnesse or profanenesse the restraint and reformation whereof Gallio did acknowledge to be directly a part of the duty of the Magistrates office and calling But for other persons who are not of the same perswasion concerning the Religion of these Evangelicall duties but beleeve the practise thereof to be superstitious and dishonourable to God and another forme of worship to be the onely acceptable service unto him in regard the practise of Evangelicall duties in such persons cannot proceed from faith and trust in God whereby they may expect a blessing from him upon their service and devotion but rather that curse and damnation which Saint Paul affirmeth to be the just merits of all acts of worship which are not of faith but either of doubtfulness or which is worse of perfect hypocrisie and dissimulation Rom. 14. last The enforcement of such a conformity by the Magistrate in Evangelicall worship and service in such persons contrary to their consciences must necessarily render him guilty not onely of their sinnes and thereby liable to that curse and damnation which is due to their hypocrisie and dissimulation whereof hee is in some sense the efficient cause but also of sacrilegious intrusion upon those sacred prerogatives which God hath reserved wholly unto himselfe that is the command and power over mens consciences over which he never appointed any lord or master besides himselfe as the expressions and exhortations both of our Saviour Mat. 23.8 9. and of Saint Paul 1 Cor. 8.6 doe purposely insinuate and whereunto the Kings Commission did never extend Whence it is manifest that Christian Kings may exercise their Legislative power in the composure of Lawes and Statutes to direct a conformity of Evangelicall worship and service in those persons unto whom God hath vouchsafed the true understanding thereof and thereby satisfied their consciences of the Legality and Religion thereof and also his Judiciarie power in rewarding the pious and due observance and punishing the impious contempt and neglect of such duties in the same persons But may not exercise either his Legislative or Judiciary
82.6 And Moses is stiled Aarons God Exod. 4.16 And of these Gods Saint Paul meant when he affirmed many Gods to be in earth 1 Cor. 8.8 Now in regard the King doth represent the person of God he is to be honoured not according to what he is in himselfe and in his naturall capacity that is as a man but according to what the person is whom hee represents and that is God For you know the respects which we exhibite to the Mayor of a towne which happily may be a Cobler are not proportioned according to the worth and honour of that Cobler but according to the worth and honour of the King whom he represents and therefore within those limits where that Cobler doth represent this Majesty and exercise this power derived from the King he is in all respects preferred above all other men of what quality soever though Knights or Lords and therefore our duties to the King cannot relate to him in his naturall capacity as a man but in his Politick as he represents the person of God and by consequence this fift Commandement must be a Precept of the first Table Some Jewish Writers upon this very ground and reason do concurre in this opinion that this fift Commandement pertaineth to the first Table because Kings are stiled Gods Psal 82. and Ministers of God whereunto that learned and reverend Divine * In his Tract upon the Morall Law p. 105. Bishop Andrewes returneth this answer That not onely superiours but also inferiours are included in that Commandement which excludes it from the first Table But with reverence to his great learning and humble submission to better reason I cannot in this particular captivate my assent either to his answer opinion or reason for if that were sufficient to seclude the fift the same reason would exclude also the fourth Commandement out of the first Table because both son and daughter and maid and man-servant yea even oxe and asse also are therein expresly mentioned But that which distinguisheth the two Tables is the object of the duty to whom it is to be performed and not the subject who is to performe it And wee doe not finde that the duties of the fift Commandement are to be performed to any inferiours but onely to superiours And besides this judicious Divine himselfe who is deservedly honoured both for piety and knowledge although he dissent from this opinion and in his division of the Commandements doth make this fift Commandement a Precept of the second Table yet in that Argument which he alledgeth to perswade the sincerity of submission and obedience to Princes he proves it directly to be a Precept of the first It pleased God a In his exposition of the fift Commandement saith hee to give this Commandement roome before our goods yea before our life to shew that obedience to Princes must be preferred before either our estate or life Now if Princes must be dearer to us then our selves how can they have the relation of neighbours upon whom the law of God doth not enjoyne us to set any such estimate The fourth reason is taken from the nature of the sinne which is the breach and transgression of this Commandement which is a sinne immediately against God For he that resisteth the power resisteth the ordinance of God Ver. 2. and therefore Rebellion against the Prince is termed a Rebellion against God as appeares Numb 14.2 3 4. where the Lord doth threaten the punishment of the peoples Rebellion upon the report of the ten spies not as a sinne against Moses but against himselfe And so likewise the Rebellion of Korah is tearmed a Rebellion not against Moses but against God Numb 27.3 And Christ saith those that despise his Messengers despise him Luke 11.16 And the Prodigall acknowledgeth his disobedience to his father to be a sinne first against heaven Luke 15. And Saint Paul saith that he that despised the Apostles despised not man but God 1 Thes 4.8 because their calling was Gods ordinance as also the Kings is And this was the ground of Gamaliels Argument whereby he disswaded the Councell from using violence to the Apostles because if their power were from God in fighting against the Apostles they should fight against God Acts 5. And therefore the transgression of this Commandement being a sinne properly against God as the immediate object this fift Commandement must needs be it Precept of the first Table The fift Reason is taken from the nature of the punishment due to the sinnes against this fift Commandement and that is damnation Rom. 13.2 which is Saint Pauls third motive to obedience for that punishment is generally due to all the sins against the first Table but not to all the sins against the second For by damnation here in this Text the Apostle must needs understand the punishment of temporall death which the Judiciall Law ordained to be inflicted for every trespasse against God and the offences against the law of the first Table which were judged not according to the dammage which ensued upon the offence like the offences against our neighbour where a man was to loose eye for eye tooth for tooth and the like but according to the quality of the person against whom they were committed for he that transgrest the fourth Commandement by gathering onely a few sticks was commanded to be stoned to death Levit. 24.15 And hee that blasphemed or cursed God was to die the death Numb 15.35 Now all transgressions against our parents were to be punished after the same manner and not according to the dammage which ensued for he that did smite his father or mother was to be put to death though no dammage ensued Exod. 21.15 Nay if he did but curse them he was to suffer death Ver. 17. which punishments were not due by the Law for any such offences against our neighbour but onely against God and sinnes of the first Table and therefore this fift Commandement must be a Precept of the first Table And the reason why I doe judge this damnation to be meant of a temporall punishment which is inflicted by the Magistrate and not of eternall which is inflicted by God is because in reference to Gods eternall punishments all sinnes are alike damnable and punishable with eternall damnation and so Saint Pauls reason should not be any motive more proper to perswade this duty then any other but in reference to temporall punishments inflicted by the Magistrate the sinnes onely against God and the first Table are made generally and universally capitall by the Law of Moses and the same were also made capitall by the lawes of other Nations for mens words against the King may render them guilty of treason and so of death which mens words against their neighbours doe not doe The sixt reason is grounded upon those acts which are said to be the duties of the King which are to revenge and recompence Ver. 3 4. which is Saint Pauls fourth motive to obedience
resolved to endure no Superior as Cesar was to admit of no equall And the Monarchie of Octavius Augustus by the overthrow of Anthonie a similer competitor what can any man imagine in probability to have proved the conclusion of those Polarchical differences but the utter ruine and desolation of that flourishing and renowned Common-wealth For if you read * Lib. 6. De Bell. Judaâ— Iosephus you shall find that the ruine and desolation of that famous nation of the Jewes was occasioned rather by the civil Intestine and bloody dissentions of the three factions in Jerusalem created by the Tritarchie of Simon Iohn and Eleazer then either by the valour or policy of the Romanes Ob. Solomon himself a King saith that where no Councel is the people fall but in the multitude of Councellours there is safety Prov. 11.14 Whereby it appeares that the security of the people is more or less according to the greater or lesser number of Councellors Now you know in a Monarchie the people are ruled by the wisdome and prudence of one man but in a Polarchy by the wisdome and prudence of a multitude Therefore salus populi is better provided for in a Polarchy And by consequence a Polarchy is the better Government Sol. There are two sorts of Councellours 1. Subordinate and obeying Councellours the approbation of whose Councels depend upon a superior Monarch and a multitude of these Councellours Solomon found by experience to be exceedingly conducent to the safety of the people and the honour of the King 2. Supream and ruling Councellours the results of whose Councels were sufficient for the constitution of a decree or Law without the approbation of any Superior Monarch And such Councellors as these Solomon had no experience nor thought of Now there are two reasons why the Councels of the former are to be preferred to the Councels of the latter sort of Councellors 1. Because those Councels which proceed from subjects have the advantage of two opposite dangers of each side one to guide their Councels in the safe way of Moderation between the Kings Prerogative and the Peoples safety and benefit First the danger of self-prejudice being equally interested with the People in the grievances and sufferings which proceed from the Tyranny of an unlimited or rather an unduly limited prerogative by Lawes which may tend to the oppressions of the subjects in their estates or persons not warrantable by any Law of God which obligeth the King in a Reciprocal bond of love to regard the peoples safety as wel as they are obliged to regard his honour And therefore no wise men wil administer any Councel of this nature which is destructive to themselves as wel as the people Secondly the danger both of the Kings displeasure and the frustration and rejection of their Councels if they should present any advice to the King which tended to his own dishonour or to disinable him for the protection of his people But the Councels which proceed from a multitude of Governours have neither of these bridles to guide them in an equal and moderate way For though their Councels be never so prejudicial to the Common-wealth yet they have no Superior whose displeasure they are afraid of And as for the sufferances and oppressions of the people it is the Basis and support of their greatnesse and Power Repl. Whatsoever the Councels be which are given to a King yet his Resolutions may be as exorbitant as the Results of these ruling Councelours For the oppressions and grievous impositions which are laid upon the people are his benefit as wel as they are the benefit of Ruling Councellors Sol. The case is much different For the Honour and Power of a King saith Solomon is in the multitude of his people and the wealth of a King in the prosperity and riches of his people because they have all an equal relation of subjection and friendship to the King But the Power and safety of the Supream Rulers is in the multitude of their factious friends and paucity of their adversaries of a contrary faction For as we formerly demonstrated from Christs own words and Maximes it is impossible but there must be some differences and divisions in every Polarchy which though they be smothered for a while either through fear of a common enemy or some other respects of common advantage yet wil burst out at length when the different care regard of the different Governours wil not be to see the people numerous or wealthy but their friends numerous and wealthy their enemies few miserable And the prevalency of malice makes alwayes this latter their greatest chiefest care so that by the several Governours of different factions the calamity and overthrow of the whole Commonwealth comes at last to be the chiefest and Universal care and endeavour in every Polarchy 2. The second reason why the Councels of a multitude of subjects are more conducible to the happinesse both of the King and people then the councels of a multitude of Rulers is because the Lawes which are compiled and framed by their councels are grounded upon the validity of their reasons and grounds which satisfie the Kings judgement though they proceed but from the single opinion and vote of one and one though the opinions and votes of four hundred others bee contradictory thereunto whereas the Lawes that are framed by the other Councels are grounded onely upon the multiplicity of votes although they be never so absurd and how absurd the votes of the Major part may be in a multitude yea even of the chief and principal amongst them the Scripture affords us plentiful testimony For in the case of the two Angels all the men of Sodome voted against one Lot Gen. 18. And six hundred thousand Israelites voted against one Moses for the Deifying of the golden Calf Ex. 32. Baal had four hundred and fifty votes to be the God of Israel when the Lord himself had only Elijah's 1 King 18. And Ahab obtained four hundred votes for his safe return from Ramoth-Gilead when onely Micajah did vote against it 1 Kin. 22. Nay did not all the Priests and Elders and multitudes of people vote Jesus Christ himself to be a grand Malignant and Delinquent even worthy of death Mat. 27. And therefore you see where the energy of a Law doth depend totally upon the multiplicity of votes how ordinary and frequent it is even for the most absurd Impieties and the most detestable injustice to attain the preheminence either through the simplicity or partiality of judgements which is never wanting in a Polarchy 6. The sixt and last Malediction Incident to Polarchy is cursed Regulation Every Polarchical action in the Polarchs who are Interested in the active part of Government being rebellious intrusive both in the Institution and management of a Polarchical Government in Relation to the lawful Monarch who is by them deposed from and deprived of his just and Legal inheritance and birth-right and factions
power to prescribe Laws for to enforce the practise of such duties upon other persons to whom God hath not vouchsafed that understanding knowledge concerning these duties But now for a further illustration of the premises and to frame a more direct full and satisfactory answer to the Quaere concerning the due limitation and extent of the Kings power I will here set downe a briefe Analysis of the whole duty of man the regulation whereof is the very designe of that Power and Dominion which God hath either delegated unto the King or reserved unto himselfe and conscience touching humane affaires And from thence demonstrate 1. Unto what duties the Kings power doth properly and directly extend so that he may lawfully exercise the same over all persons within his Dominions whether Ecclesiasticall or Civill for the regulation of such duties 2. Unto what duties the Kings Power doth extend onely indirectly and per accidens so that he may lawfully exercise his power over some persons within his Dominions of both sorts but not over other some of either sort for the regulation of those duties 3. Unto what duties the Kings Power doth no way extend neither derectly nor indirectly so that he may not exercise the same over any person within his Dominions whether Ecclesiasticall or Civill for the regulation of those duties The duty of man is twofold 1. Naturall which is the duty of man quà homo rationalis and is expressed in the law of nature divided by Christ Mat. 22. into two parts or tables 1. Containes the duty of man towards God and consists in a love exceeding all selfe-love Ver. 37. And this duty is twofold 1. Internall consisting in the service and worship of God by the inward acts of the soule i. e. of the understanding will and affections of man and in a due returne of the bona animi which God hath conferted upon man And this part of mans duty is prescribed in the first Commandement 2. Externall which consists in honouring God by outward actions and in a due returne of those hona corporis fortuna which God hath conferred upon man And this is twofold 1. Originall and Primarie which is that honour worship and service which both Moses Deut. 6.13 and Christ Mat. 4.10 â—mits solely unto God And is twofold 1. Private consisting in personall honour and worship of God which is twofold 1. Corporall consisting in the outward gestures of the body Prescribed Commandement 2. 2. Vocall consisting in reverent speeches praises of God Prescribed Commandement 3. 2. Publick consisting in the practise of these duties at solemne times and in solemne assemblies Prescribed Commandement 4. 2. Representative and Secondarie which is the honour worship and service due unto Parents Kings and Magistrates as Gods Deputies and Lieutenants Prescribed Commandement 5. which I shall fully demonstrate in the next Chapter to be a Precept of the former Table of the Morall Law and that Kings and Parents in that capacity as Kings and Parents doe relate unto their children and Subjects as Gods and not as Neighbour 2. Containes the duty of man towards his neighbour and consists in a love inferiour unto the love of our selves And is twofold 1. Externall which consists in the performance of externall offices of love and restraint of externall injuries to our neighbour 1. In his owne person Commandement 6. 2. In his second selfe Commandement 7. 3. In his god's Commandement 8. 4. In his good name Commandement 9. 2. Internall consisting in the inward inclination and desire to perform these duties and in the restraint of all inward motions to the sinnes prohibited in these precepts Commandement 10. 2. Evangelicall which is the duty of man quà homo Christianus And is expressed in the Gospel or Law of Christ Which duty is twofold 1. Meerly Evangelicall which consists in the right use of Evangelicall and supernaturall blessings conferred upon particular men for the advancement of the Gospell of Christ as the power of working miracles of prophecying and the like mentioned by Saint Paul 1 Cor. 12. 2. Mixtly Evangelicall which consists in the right use of those naturall blessings which enable men for the performance of the law of nature And therefore these mixtly Evangelicall duties are the same in substance as I shewed before with naturall duties and are differenced after the same manner and regulated by the same precepts of the Moral Law but the difference consists as to our present purpose in the Object and terminus ad quem whereunto these Evangelicall duties do referre which is Christ the Redeemer whereas naturall duties do relate unto God the Creatour both as their object and erd Now from these premises I shall returne a direct answer to the Quaere concerning the extent and limitation of Regall power in three briefe Theses or Corollaries shewing 1. What are omnimodò Regalia 2. What are partìm Regalia and partim extra-regalia 3. What are omnimodò extra-regalia Onely by the way I shall premise another briefe praecognitum to facilitate the understanding of these ensuing Corollaries Note viz. That in regard the opinions of Heathens Jewes and Christians doe generally concenter in the due extent and limitation of Regall power in order to the duties of the second Table my present discourse shall onely referre unto the duties of the first Table of the Morall Law for two reasons 1. Because the people are most subject to offend in these duties and that two wayes 1. Through errour because these duties do most transcend their naturall reason 2. Through zeale because they conceive these duties most neerly to concerne their eternall and spirituall happinesse and welfare 2. Because Kings and Magistrates are or at least wise ought to be most diligent in the reformation and punishment of offences which immediately concerne God and Religion because the promotion of Gods honour worship and service is the principall part of the office and calling of Kings and Magistrates the direction of whose precipitate zeale in this point is the absolute designe of this Chapter The first Thesis declaring what are omnimodò Regalia is this Thesis 1. All Externall duties prescribed in the foure last precepts of the first Table of the Morall Law are directly and properly of Politicall Cognizance so that the King may lawfully exercise his Legislative power in the composure of Lawes and Statutes for direction of honour worship and service both to God and himselfe and that concerning both publike and private acts of honour and worship whether of the body or of the tongue and here the disposall and ordering of our estates i. e. the bona fortunae as well as bona corporis must be presupposed to be directly of the same cognizance and to pertaine to the same power For Solomon commands to honour the Lord with our substance Prov. 3.9 and God ordained parents and Kings to be his instruments in the impartment of these outward blessings of fortune as well as the blessings of the
body unto their children and subjects and therefore it is lawfull for them to command in the one as well as the other in order to all outward duties And in whatsoever he may lawfully exercise his Legislative power in the same he may likewise exercise his Judiciary for that is the life of the Law which without execution is but a dead letter like a man without a soule I shall not need to insist upon the confirmation of this Corollarie because I presume the grounds already premised in the former part of this Chapter may be sufficient to warrant this conclusion And besides the profest designe of this Chapter is not so much the extent as the limitation of the Kings power in order to Evangelicall duties which are extra-regalia and Metapoliticall matters whereof wee shall speake in the two following Theses Thesis 2. The second Thesis which declares what are partì Regalia and partìm extra-regalia relates to matters of Evangelicall worship Government and Discipline which is this No Evangelicall ceremonies or formes of worship nor any Ecclesiasticall Government or Discipline which relateth unto Christ is directly and per se of Politicall Cognizance but onely indirectly and per accidens And therefore the King cannot lawfully enact any Lawes or Statutes concerning these matters which shall be generally obligatory unto all persons within his Dominions but onely unto such persons whom God hath enlightned by his spirit and thereby satisfied their consciences of the lawfulnesse and Religion of such Worship Government and Discipline The Reasons are two The first whereof is fully declared in the former part of this Chapter demonstrating all Ceremonies which relate unto Christ and are any wayes significative either of his person his offices or acts of mediation to be supernaturall matters and therefore such wherein the light of nature cannot be a sufficient guide so that they cannot be ranged amongst the Essentials but onely the Contingentials of Politick Government The second Reason is because conscience is the onely law and rule whereby the merits of these duties are to be judged as Saint Paul declareth Rom. 14. last where speaking of Evangelicall Priviledges and Ceremonies he enjoyneth the dictates of conscience to be observed under no lesse sanction then damnation to him that disobeyeth of which doctrine his owne practice concerning the Sacrament of Circumcision is a manifest confirmation for though he caused Timothy to be circumcised because of the Jewes who were perswaded that none who contemned that Ceremony were members of the true Church or fit for their association Acts 16.3 yet he would not permit Titus to be circumcised because the Grecians should be satisfied that he did not esteeme these Ceremonies so essentiall to life and salvation that they ought to be obtruded upon those whose consciences were not satisfied concerning the same Gal. 2.3 And you may observe Acts 15. that when the Apostles consulted of sending decrees concerning the observation of Ceremonies to the Gentiles upon whom the Jewes would have obtruded the observation of Circumcision as necessary to salvation they were carefull to enjoyne neither Circumcision nor any other Ceremony but such as those of the Religion whereof the Gentiles were formerly satisfied in their consciences And therefore if the Magistrate shall by any Law or Statute compell men to practise those Ceremonies or Formes of worship concerning the Religion and lawfulnesse whereof they are not satisfied in their consciences hee doth compell them to sinne and thereby render himselfe guilty of that damnation which Paul affirmeth to be the merits of all injuries done to the conscience Ob. All the godly Kings of Judah as David Solomon Asa Jehoshaphat Joash Hezekiah and Josiah did impose the observation and practise of the Jewish sacraments and other Evangelicall formes of worship upon the whole nation of the Jewes and also punish the neglect thereof and therefore Kings may lawfully exercise their power in these matters over all subjects within their Dominions Sol. God had revealed and expresly enjoyned the use of these Sacraments and set Formes of Worship Government and Discipline unto the whole nation of the Jewes and therefore the Jewes were obliged thereunto not by the Lawes of the King but by the immediate law of God within whose cognizance both these Evangelicall ceremonies and conscience it selfe also the Judge of all these doth directly fall over which God onely and not the King is Judge so that when these Kings did exercise their Judiciary power concerning these Jewish rites it was onely in pursuance of the law of God which made these duties generally obligatory unto that Nation But it was not lawfull for those Kings to force the practice and observance of these duties upon any other people though they lived within their Dominions nor doe we finde in Scripture that any of these godly Kings did force the Gibeonites who were their subjects but no Israelites either to be circumcised or to eat the Passeover or observe any other Jewish Rites Onely indeed if any stranger became a Proselyte and so a professour of that Religion not by constraint but of their owne voluntary inclination and desire then it was lawfull for the Magistrate to force such to observe the Jewish Ceremonies Exod. 12.48 because then the neglect thereof was an act of profanenesse in such as well as in the Jewes which is directly of Politicall Cognizance and pertaines to the Magistrate both to judge and punish But in regard the inward satisfaction of conscience concerning these Evangelicall Formes of Worship Government and Discipline is that alone which doth naturalize these supernaturall duties and thereby quarter them in praedicamento Regalium and transforme them into matters of Politicall Cognizance And the inward dissatisfaction of conscience that which impedeth their naturalization and the removall of their quarters de praedicamento extra-regalium the proper sphere of all Metapoliticall matters which inward qualification of conscience is properly a point of faith and so a duty of the first Commandement of the Morall law for till we be so fully satisfied concerning the Religion of these Evangelicall Ceremonies and Formes of Worship that the practise thereof may proceed from faith neither can wee adventure upon the voluntary practise thereof or the Magistrate enforce the same upon us without the incurment of the guilt of damnation to both I shall therefore referre the more punctuall discussion of this point unto the next Thesis which concernes the omnimodò extra-regalia whereunto it doth more properly appertaine The third Thesis declares what are omnimodò extra-regalia Thesis 3. And this relates to Internall duties and matters of Evangelicall faith and doctrine which is this No internall duties prescribed in the first Commandement of the Morall Law doe either directly or indirectly fall within the sphere of Politicall cognizance so that the King cannot lawfully exercise either his Legislative or Judiciarie power in matters of faith and doctrine nor by any positive Lawes and Statutes determine what points shall
be Orthodox and what Hereticall neither may he under the sanction of any personall or pecuniarie mulct or penalty enjoyne his Subjects to professe and sweare such Creeds and Articles of Faith and Religion as those Lawes shall make Orthodox or by virtue of those Lawes punish any of his Subjects who out of conscience doe professe themselves of another different Faith and Religion The Reasons for confirmation hereof are three The first whereof appeares partly in the premises declaring no humane power or authority to extend unto the acts of the soule because the soule doth derive its being immediately from God himselfe and not from our parents Ob. Saint Paul exhorteth not every body but every soule to be subject to the higher powers Rom. 13.1 thereby importing the Kings power to extend unto the acts of the soule as well as the acts of the body so that not onely the Externall but also the Internall duties of the Morall Law must come within the sphere of Politicall Cognizance Sol. That exhortation of Pauls is not directed unto Kings but unto Subjects and therefore doth not relate unto the Kings power but unto the Subjects obedience For though the King cannot judge the acts of the soule or punish the thoughts of the heart how unjust impious or Atheisticall soever yet doth not that priviledge the Subjects to performe their acts of obedience out of hypocrisie and dissimulation and with eye-service as the Apostle speaketh Ephes 6.6 And not out of sincerity and singlenesse of heart for wrath and not for conscience sake The Reason is because this duty of obedience and subjection to Kings is not meerly a service to Kings but principally to God himselfe whose person the King doth represent who seeth and judgeth the secrets of our soules and measureth the merits of our duty not by our outward worke but by our inward faith and love And therefore though the Kings power cannot yet our obedience must be extended even to the acts of the soule that it may be an acceptable sacrifice to God as well as the King but this doth not authorize the King to exercise his power over the acts of the soule The second Reason is grounded upon Christs ordinance for the plantation and promulgation of the Gospell and faith of Christ Marke 16.15 Goe ye into all the world and preach the Gospell This is all the commission which the Apostles had and which other Ministers still have for the conversion of men to the Faith and Religion of Christ And yet they were sent to convert the Gentiles a people who neither understood or beleeved any thing at all either of Christ or Scripture or any principles of that Faith and Religion nor were any way inclined to seeke after such knowledge It 's true indeed that Christ endowed his Apostles with a power farre beyond the power of Magistrates for it was a power to worke miracles but that was not for the punishment or destruction of any but for the benefit and preservation of all such upon whom they were shewed which was a fit meanes to perswade and convince their understandings but wee never read that Christ did delegate any Legislative or Judiciarie power unto his Apostles to punish any mis-beleevers or enforce the profession of those truths and points of faith which they could not perswade nay indeed he peremptorily inhibited them the affectation of any such power Mat. 20.25 whereupon Saint Peter chargeth Presbyters not to demeane themselves in the execution of their office as lords over Gods heritage And yet it is the duty of Ministers and not of Magistrates to reforme errours in matters of Faith and Doctrine for we doe not read that ever Christ gave any rule or command to Kings or Magistrates to plant or propagate his Faith and Gospell and therefore in relation to these duties the Ministers and not the Magistrates are stiled Fathers because it is the duty and office of Ministers and not of Magistrates to beget men in Christ Jesus through the Gospell 1 Cor. 4.15 Ob. Esay prophecying of the flourishing estate of Christs Church among the Gentiles under the Gospell reciteth this for a speciall meanes of the encrease thereof that Kings shall be the nursing fathers and Queenes the nursing mothers of the Church in those dayes Esay 49.23 whose office it is by power to compell and not by preaching to perswade men to forsake the errour of their wayes And therefore Kings being fathers to the Church of Christ may execute the duties of their calling over the members thereof and by consequence may exercise both their Legislative and Judiciarie power in matters of Christian Faith and Doctrine which is that which constitutes men members of this Church and gives the nomen esse to a Christian quà talis Sol. The attribute which this Text giveth unto Kings doth admirably expresse the duty of Christian Kings towards their Subjects in reference to their Christian and spirituall vocation and profession For Kings are not here simply stiled fathers as in other places of Scripture which relate directly to their power and soveraignty over their Subjects but with the addition of this Epithet of Nursing they shall be saith the Text Nursing fathers now a Nurse you know doth not beget a child but onely protect and nourish it after it is both begotten and borne And such a power indeed a Christian King may and ought to exercise over his Subjects that is after they are begotten and borne children of the Faith and Church of Christ by the preaching of the Gospell he both may and ought to use his power to protect them from the wolvish enemies of Christs Church and to nourish them by gracious expresses of his Royall favour But I cannot finde any warrant for the King in that Text to enact any Lawes or Statutes to compell men of another Faith and Religion to become such as himselfe or to punish them that will not nor can I beleeve it to be any part of his commission or calling Repl. It may be replied against this first That such a liberty for every man to professe and beleeve what his owne phantasie doth suggest and judge Orthodox in such high and sacred mysteries will fill the Church with absurd and blasphemous errours and heresies and by consequence the Common-wealth with distractions and divisions For it is a probatum of daily experience that when the people are madded and instigated by mad Sheba's and Sectaries they will adventure upon any mischiefe sparing neither Scepter nor Mitre Ephod nor Diadom fancying the cause to be Gods and that themselves doe God good service when they rage against his Anointed and kill his Prophets with the sword in the furious pursuit of their fanaticke opinions And therefore there is a necessity that Kings should exercise their power to settle an Uniformity in matters of Faith and Doctrine because the peace and unity and preservation of the Common-wealth doth so directly depend thereupon Secondly The Primitive Church hath
preserve our owne may destroy theirs which Doctrine doth plainly legitimate rebellion by the Law of Nature And therefore to prevent both this and many other dangerous and damnable inferences which may be deduced from this fundamental errour placing this fift Commandement under a wrong genus of the Morall Law and thereby putting a wrong construction upon all the duties therein prescribed I shall endeavour to rectifie this Epidemicall errour by twelve Reasons or Arguments demonstrating this fift Commandement to be a Precept not of the second but of the first Table of the Morall Law Whereof The first foure doe conclude the Negative part that it is not a Precept of the second Table The latter eight the Affirmative part that it is a Precept of the first Table The Negative part that it is no Precept of the second Table appeares 1. By Saint Pauls exposition of that lesser Commandement whereby Christ divides the second Table from the first viz. Thou shalt love thy neighbour as thy selfe under which Commandement saith the Apostle are comprehended all the Precepts of the second Table relating to our neighbour and particularizing them mentions onely the last five Rom. 13.9 Ob. You will say though he specifie no other but the five last Precepts of the Decalogue yet he intimateth in that verse that some other Commandement is also comprehended in this saying Thou shalt love thy neighbour as thy selfe which other Commandement must needs be this of obedience to parents Sol. By other Commandement the Apostle doth not mean any of the other five which are specifically distinct from these five but other particular branches of these five Negative Commandements of the second Table each of which comprehends many particulars under them and that hee doth not thereby understand this fift Commandement which is an Affirmative Precept is manifest from the Reason alledged by the Apostle in the subsequent verse shewing why and how this love of our neighbour is the fulfilling of the Law of the second Table For saith he love worketh no ill to his neighbour therefore is love the fulfilling of the Law Ver. 10. Where you may observe that all the duties of the second Table relating to our neighbour are grounded primarily upon the Negative effects of our love which is the not doing ill to our neighbour for not our neighbour but our selves are the immediate object of the positive effects of our love and so the Precepts are all exprest by way of negation But the duties of the fift Commandement are of a different nature and consists primarily in the positive effects of our love and therefore this Precept is exprest by way of affirmation both in the Decalogue Exod. 20. and by Saint Paul in the first verse of this Chapter For first he commands us to submit our selves to higher Powers that is to perform and execute their commands when they are not contrary to Gods Precepts and this is the immediate and primary duty of this fift Commandement and in the next verse hee prohibits all resistance though their commands be such as we judge to be contrary to Gods Precepts and this is the consequentiall and secondarie duty of the same Commandement A second Reason why this fift Commandement cannot be a precept of the second Table is because such a Commandement would be superfluous in the second Table for if the honour and obedience due to Kings and parents were duties of the second Table then they should be grounded upon such a love as is inferiour unto and to be measured by the love of our selves and wee should yeeld our obedience and submission to their commands onely when we judged them to conduce unto our own good and benefit whereupon it would follow that the honour due to Kings and parents should be no other then what is due to our friend or servant or any other neighbour for nature teacheth us to obey and execute their commands when we conceive them to conduce unto our owne advantage and so this fift Commandement should be altogether superfluous And therefore cannot be a Precept of the second Table The third reason why this fift Commandement cannot be a Precept of the second Table is because God doth not permit us to accuse or testifie against our parents upon any occasion no not in case of Idolatry wherein wee were not to pity or spare any neighbour how neare and dear soever they were unto us whether it were brother childe wife or friend but were to accuse them and testifie against them and to execute the sentence of death upon them with our owne hands Deut. 13.6 7 8 9 10. yea if it were a whole city that were guilty of this sinne it was to be destroyed Ver. 15. Yet in this strict charge concerning Idolatrous neighbours of so neere relation the Text doth not mention any man or woman who hath the relation of a father or mother to us thereby differencing them from all neighbours whatsoever And Solomons exposition of this fift Commandement makes this more cleare and evident Eccles 10.20 where he extends the honour and reverence due to Kings unto the very thoughts and imaginations of the heart notwithstanding they were both Fooles Tyrants and Idolaters for when Solomon prohibited the cursing of the King yea even in the thought he was not ignorant that Saul had beene a Tyrant himselfe an Idolater and that his sonne Rehoboam who should succeed him was a Fool. But it was never prohibited to speake or think evill of any friend or neighbour who was guilty of these crimes nay we are commanded to accuse them of evill Ob. You will say What must men then thinke and beleeve manifest lies Must we neither say nor thinke that those Kings are evill and wicked which manifest themselves to be such in all their actions such as Jeroboam Ahab Manasses Nebuchadnezzar whom the Scriptures record for most infamous and notorious sinners and may not we speake or thinke that for which we have the warrant of Scripture Sol. Kings in reference to their duty towards God may be more wicked then any other men because they may offend in a double capacity 1. In their naturall as men and professores fidei by transgressing of Gods Commandements which doe oblige them equally as they do other men 2. In their Politick as Gods Deputies and propugnatores fidei by breach of that trust which God hath reposed in them for ruling and judging of the people committed to their care and protection according to Justice and Equity But in reference to their duty towards us though themselves may be wicked yet they cannot doe wicked things as I shewed in the last Chapter that is they cannot inflict any thing upon us but that which God hath decreed to fall upon us for our sinnes as the Holy Ghost testifieth of Pilates sentence against Christ Acts 4. so that the evill which they doe to us is just in respect of us though it be never so unjustly executed by them So that
breake Gods trust when he destroyes a city because as Solomon witnesseth Prov. 16. that judgement is Gods and the King is sent by God to destroy those cities for the Tyrannicall Prince is Gods servant for the execution of his judgements and hath his heart guided by God Prov. 21.1 as well as the good Prince is for the dispensation of Gods mercies And therefore to resist a Tyrannicall King is to resist God from whom that Tyrant doth derive his power as Christ testifieth of Pilates power John 19.11 which we may not doe to save either our lives or estates To the third Argument I answer Answ 3 that ten thousand instances are not sufficient to legitimate one act expresly prohibited by the Law of God for even the Holy Ghost himselfe doth record the failings of the most holy men and that in the most notorious manner as in Abrahams lie to the Egyptians Gen. 12. Davids Murder and Adultery Solomons Idolatry and Peters Perjury Yea and sometimes we finde their sins passed over without reproofe as in the Polygamie of Jacob David many of the Kings and others yet the silence of the Holy Ghost in passing by this sinne of Polygamie without reproofe did not make it lawfull But for the instances of resistance in David and Elijah they are all particularly answered by severall Authors who have writ of this subject Only the resistance and deposition of Rehoboam is legitimated by Gods expresse approbation but if you observe the Text you shall finde that approbation relates to Rehoboams punishment and losse of the tenne Tribes and not to the peoples act of resistance For saith the Lord this thing is from me that is the renting the ten Tribes from Rehoboam according to his owne words to Solomon 1 King 11.11 but for the peoples act of resistance it is termed a Rebellion 1 Kin. 12.19 For though the deposition of Rehoboam and exaltation of Jeroboam was good and just in it selfe in regard it was the decree of God and accordingly declared to be his will 1 Kin. 11.31 yet in regard the people had no warrant to execute that decree and in regard Jeroboam did not act in order to Gods decree looking upon the execution of that decree against Rehoboam but upon the satisfaction of his ambitious desires it was sinfull both in Jeroboam and the people And that this was Jeroboams end appeares plainly because he durst not trust God for the preservation of his Honour and Dignity although God had promised the perpetuation thereof in the same Chapter Ver. 38 as well as the donation but runne to the Devill for the security of his Crowne erecting two Calves for the people to worship lest if the people should goe up to Jerusalem to worship the Lord should not be able to continue their affections to him nor performe his promise Chap. 12.28 So that God did never approve the act of resistance against the King unlesse by those who had a particular warrant from himselfe as well for the manner as the matter as in Jehu's case 2 King 10.30 without which it is not lawfull for any man to endeavour his owne safety by any resistance or opposition of the Kings power or any other acts of dishonour to the King CHAP. XII What influence Oathes and Covenants ought to have upon the duties either of King or Subjects Quaere SUppose the King have consented to the making of Lawes destructive to his owne Honour which preferre the peoples Safety before it and have also obliged himselfe by Oath for the observance of those Lawes whether may the King breake that Oath and Rule contrary to those Laws for the support and vindication of his owne Honour Sol. This was the case of the Israelites with the Gibeonites with whom the Israelites made a Covenant Josh 9.15 contrary to a former expresse command from God Exod. 23.32 Cha. 34.12 Deut. 7.1 which Covenant therefore was not oney prejudiciall to the Israelites but also unlawfull in it selfe yet after it was confirmed with an Oath by the Israelites they might not breake it Josh 9.19 although it was gained by fraud and subtilty as appeares in the Text For when Saul did ignorantly out of zeale to the children of Israel and Judah imagining the former command of God to lay an higher obligation upon them then their own Oath so fraudulently procured breake that Covenant and destroy the Gibeonites 2 Sam. 21.1 2 3. the Lord revenged that perjurious act of Sauls upon the whole land of Israel by a constant famine yeare after yeare till the Honour of God was vindicated by the satisfaction of the Gibeonites in the bloud of seven of Sauls sonnes Ver. 9. And the Prophet David further resolves this case in expresse words Psal 15.5 Attesting Gods regard of that mans happinesse who doth regard Gods honour being thus engaged above all selfe-respects by performing what he hath sworne though it be to his owne hinderance and therefore the King may not breake a Law confirmed by an Oath although it be destructive to his owne Honour The reason whereof is Because Gods Honour by that Oath is made an hostage for the Kings fidelity and therefore the King is bound to regard the performance of that Law as he regards the Honour of Gods Name which must have the preheminence above his owne Honour Although all other Lawes not ratified with this high sanction may and ought to be revoked by the King if they be prejudiciall to his owne Honour for all such Lawes are supposed to be fraudulently procured like the grant of Mephibosheth's estate to Ziba 2 Sam. 16.1 for no man would willingly dishonour himself for that were against the Law of Nature and therefore may be revoked as that Law of Davids was by himselfe upon better information 2 Sam. 19.19 But a Law confirmed by Oath though fraudulently procured may not be revoked upon better information for that Joshua received concerning the Gibeonites Josh 9.16 yet all this must be understood of matters capable of this sanction that is such as are not destructive to the Honour of God formerly engaged by himselfe even from all eternity for Holinesse is the very Nature and Essence of God and all wicked Lawes which are opposite to this are destructive to his eternall Honour and therefore not capable of this sanction of an Oath for thereby Gods Honour is opposed to itselfe but where these two doe come in competition the lesse evill is to be made choice of we must rather breake our Oath though that be destructive to Gods temporary and adventitious Honour then act a wicked thing which is destructive to his essentiall and eternall Honour But in all matters of indifference which are capable of this sanction of an Oath that is the highest temporary sanction and therefore ought to be regarded above all former promises or resolutions of our owne although they be grounded upon a temporary command from God which is manifest in this case of the Gibeonites Quaere Seeing the Lawes preferring salus populi before the Kings Honour being confirmed by the Kings Oath doe oblige the King to act accordingly whether doe not they likewise priviledge the people to act things prejudiciall to the Kings Honour in order to their owne safety especially if the people have covenanted and sworne the same Lawes Sol. The acts of the King and the acts of the people in this case are of a farre different nature For the acts of the King in observance to those Lawes are onely prejudiciall to himselfe and his owne Honour and so are onely mala poenae and therefore capable of this sacramentall sanction from him But as for the acts of the people in this case they are destructive to the Honour both of God and the King which are sinnes prohibited in the fift Commandement which enjoynes us to regard their Honour above all selfe-respects as I have formerly declared and therefore all acts of the people either in the procurement or observance of such Lawes are mala culpae For it is a sacriledge of an high nature to violate and invade the sacred Power and Prerogative of Kings and therefore incapable of this sacramentall sanction from them For all Associations and Covenants against any of Gods Commandements are directly Covenants with Death and agreements with Hell and all the Oathes Vowes and Statutes made and framed thereupon are directly mischiefes framed by a Law and Obligations sealed to serve the Devill And whether it be safer for us to continue in the service of such a Master by acting according to such hellish Oathes and Covenants or to forsake his service by renouncing our sacriledge and giving Caesar his sacred right and due is not a case of any great difficulty to those who value God and salvation above the Devill and the damnation of their owne soules FINIS