corrupt Practises in matters of Religion mentioned in those severall worthy Laws Nor hath either State or Souldiery any cause to condemn their own renowned acts of Zeal for the Lord in some exemplary punishments which accordingly they have already inflicted upon some persons for such like offences but they shall assuredly find it good to be alwayes zealous in a good thing And as they have begun to shew themselves to be indeed with Christ and not against him so to continue and go on in despite of all false or malignant spirits or tongues And as for you most Noble Sir who in your Military way have had so many Military disputes for the Causes of the Lord if it be vile to be for Jesus Christ be you yet more vile only still keeping as through Grace you have done hitherto low in your own eyes so shall you at length after you have stood and in your way also have fought for Christ and his Cause com to receive that incorruptible Crown of Righteousness which the Lord the righteous Judge shall give you at that day and not to you onely but to all those which love his appearing Which shall be ever his prayer who is Sir Lynne in New-Engl this 4th of the 8th 52. Your Excellencies humbly devoted Servant THOMAS COBBET To the Reader CHristian and Courteous Reader thou canst not but see if thou wisely observest the designs now on foot in these last and perillous days that Satan being disturbed and in a maner dethroned from his so large Dominions possessed under him by his eldest son the Great Antichrist he is now stirring up many petty Antichrists who being in pretence for Christ do some way or other oppose and undermine Christ in his Person Titles Offices or Truths And surely It is none of the least amongst those renowned Titles of his that he is King of Kings and Lord of Lords he under and for whom higher Civil powers do and must rule That Great Antichrists master-piece was in the first place to ham-string Civil powers from having any thing to do in matters of Religion or of the Church further than as servants and indeed vassals unto the Pope as visible Head of the Church or to the Mother Church of Rome or at least to Church Councils and Synods to execute onely their Decrees and Laws But since that Civil powers have broken those cursed bonds of Antichrist and shook off that tyrannical yoke of that man of sin and have through grace seen it their approved dignity from the Lord and duty to him to improve their Civil Authority to the utmost against that man of sin and all his usurpations and inventions Satan stirreth up others to prosecute the same design insubstance albeit under more specious pretences even to despoil Civil powers of that which is their glory and crown even as Civil powers to serve the Lord Jesus their Lord and to improve their Authority to establish his Laws and Government onely within their jurisdictions and to root out whatsoever opposeth and undermineth the same The Devils name is Belial one without yoke at least in his desire and indeavor and he breatheth that masterless licentious spirit in such as he effectually worketh They were children of Belial that sayd of Saul 1 Sam. 10. 27. How shall this man save us and they despised him and brought him no presents thence that Spirit and Speech of theirs of old Psal 12. Our tongues are our own who is Lord over us we will maintain hold and say what we please without controul from any this Spirit was in Corah and his Company who at once contemned and condemned those two main Ordinances of God Magistracy and Ministry they were Levellers they would have none in office above others in the Common-wealth or in the Church Num. 16. 3. They gather against Moses and Aaron saying unto them ye take too much upon you seeing all the Congregation is holy every one of them and the Lord is among them wherefore then lift you up your selves above the Congregation of the Lord the self same spirit Jude saith shall be in some licentious Preachers and professours who shall turn the grace of God into wantonness Jude 4. Walk after their own lusts ver 16. and ver 8. Despise dominion and speak evill of dignities namely not so much of persons in Office in Church or Common-wealth as of their very Offices and ver 11. They perish in the gain-saying of â—ore these have Corahs speeches up in substance what are not all the Lords people Saints and must one Saint be so much above another are they not all one in Christ Jesus is not the Lord among them as their onely Lord Judge King and Law-giver and must they have any other of these also Peter another witness testifieth 2 Pet. 2. 1. There were false Prophets among the people even as there shall be false teachers among you who shall privily bring in pernicious Heresies and ver 10. some of their black marks are that they despise Government Civill or Ecclesiasticall Presumptuous are they self-willed they are not afraid to speak evill of Dignities and ver 19. they promise their fellows Liberty they themselves are the servants of corruption Seducers and erring spirits they know well enough that under Christ there is no ordinary means left to restrain and punish their extravagancies but Government in Church and Common-wealth therefore it is wont to be a constant concomitant of Errour and Heresie to become a back friend to Magistracy and Ministry to civill Jurisdiction and to Church Discipline common experience in these dayes witnesseth this when Magistracy and Ministry both are either wholly cryed down by too many erring spirits or so enervated and dispoiled of their proper worth and power by others that they have little left but the bare title and name of such if the Magistrate be allowed by some his power in matters of the second Table yet the other half of his politicall power in matters of the first Table he may not assume Religious States may not they think in wisdom tolerate State errours and the ventings of them but if dangerous errours in Religion are scattered and spread they must let them alone As if civill maxims were more near and dear to Christ under whom Magistrates rule than the matters of his own sacred truth or that matters in politiques were more blisfull or fatall to their Christian subjects than those in Religion or that Christian regulated Magistrates should leave that at a loose end even matter of sound doctrine which is the very bond of Christian societies under their power bodily murtherers they will yield must be capitally punished but if the Wine of Intoxicating and Infatuating doctrine of errour vented and broached by corrupt members of Deut 32. 33. the Church be the Poison of Dragons and venom of Aspes if whosoever eateth of those Cockatrice Eggs which they hatch dyeth spiritually if they commit a thousand soul murthers yet Isa 59. 5.
be in some part onely of their bodies as in their hands or the like yet he saith of it that it shall be a means of good to some so punished corporally vers 4 5 6. thus was I wounded in the house of my friends A fifth Reason is taken from the publick evil removed and Reason 5 good attained on the one hand by the due use of such power and the sad mischiefs attending either the want or grosse neglect thereof on the other hand When Idolaters are commanded to be stoned Deut. 17. 2 3 5 7. its added so shalt thou put the evil away from among you and as evil is removed hereby so is good attained both moral Deut. 17. 10. All Israel shall hear and fear and do no more any such wickednesse and civil good as that in outward estate as when theirs was impoverished by that drought and famine yet upon the execution of Justice upon those Idolaters reparation is therein made by that ruine 1 King 18. 40 41. also that of Civil peace 2 Chron. 14. 3 4 5. Therefore the Kingdome was quiet before him Again what a deluge of evil overfloweth all where the use of such power is wanting or neglected thence that Idolatry in Israel when no Supreme Magistrate no King in Israel Judg. 17. 45 6. thence such corruption in Church discipline as the consecration and administration of that hedge Priest vers 12. and Chap. 18. 1. compared and as mischiefs arise thence in spirituals and Ecclesiasticals so also in temporals for when none is found to stand in the Gap and Authoritatively to make up the hedge which is broken by such prophanations of Gods holy day and holy things and lawes then cometh an inundation of ruinating Judgments upon that State as Ezek. 21. 25 26. compared with vers 30 31. yea and as mischief to State and Church in general so to corrupt and indulgent Rulers in particular as also to their houses What mischief came upon that indulgent Judge Eli for his too grosse connivence at such corrupt customes in Religion as well as at other lewd pranks of his sons read see and consider 1 Sam. 2. 22 23 24. with 27 28 29 c. A sixth Reason may be taken from the unwonted dispensation Reason 6 of Gods providence when the zeal in the ordinary Ministers of Gods vengeance faileth this way he stirreth up zeal in others in a more then ordinary way to execute such vengeance as when Ahab faileth to punish such abuses in Religion Elijah is stirred up to do it 1 King 18. God would have it some way done so far is he from prohibiting the doing of it The last Reason may be taken from the examples both of such as have acted this way by the light of grace and are commended Reason 7 for it in Scripture and of others who being themselves Pagans yet have done somewhat this way by a mere common light at least of Nature and Nations Of the former sort read that of Moses Exod. 32. 20 21 22. and that of that general assembly of the Tribes at least in their Heads and Representatives recorded to their honour Josh 22. 10 11 12 c. unto ver 34. besides that of Asah 2 Chron. 15. 12 13 16 c. and of Jehoshaphat 2 Chron. 19. 3 4 5 6 7 8. and of Josiah 2 Chr. 34. 33. vers 4. with 2 King 23. 20. and of Nehemiah Chap. 13. 21. and that of the converted Kings in the dayes of the Gospel who as they shall hate the corrupt and false Church-state of Rome so shall they execute corporal vengeance of God upon that Whore Rev. 17. 16. Of the later sort we need not instance in Numa's Lawes against the use of Images in any religious way or in others in the Roman or Grecian States since scarce any Pagan State whatsoever but have enacted and executed Civil punishments upon the despisers or depravers of their gods or of the worship or worshippers of Dan. 3. 1 2. c. them which though it shew the miserable fruits of mans Fall in this their misguided and misplaced zeal yet by these ruines we may judge that it is a principle deeply engraven in mans heart that as there should be some to rule and some to be ruled some God and some worship of that God so by the Law of Nature and Nations there should be the external exercise of some external coercive power in cases of prophanations and abuses of the name and worship of that God who is to be adored And let none now object that such Authoritative acts in Object such persons were typical For 1. We speak not of David and Solomon and such Answ like but of others and will any say that Moses in his Act or the Heads of the Tribes in their act or Nehemiah in his act that these were types of Christ we might have instanced in the Judges in Jobs time that corruption in Worship as the worship of the Sun or Moon c. was an Iniquity to be punished by the Judges so our last Translation rendreth that place Job 31. 26 27 28. yet were not those Judges types of Christ 2. Those Worthies mentioned did exercise power in matters of the second Table also yet not therein Types of Christ for then the substance being come the shadow vanisheth and so all Civil Power and Jurisdiction in matters of Righteousness as well as Religion would be turned up by the roots 3. Those zealous Acts of the converted Kings against all superstitions and the fomentors and Abettors of them prophesied of Rev. 17. 16. can under no pretence be called Old Testament types or Old Testament Zelots The point propounded being explained in the Distinctions and Conclusions before laid down and being thus confirmed we shall now consider of some doctrinal Instructions arising thence 1. Then if this be so It serveth to refute and remove many Object pretences aod answer many Objections tending to undermine the Coercive Power of the Civil Magistrate in matters of Religion Such as these following 1. If you grant Magistrates such Coercive power in matters Answ of Religion you will make them Church Officers The second Conclusion denyeth to them any way of exercising that power which is properly Ecclesiastical allowing them only a Civil way of doing what they do in matters of Religion When Church Officers with the Church do Ecclesiastically punish one of their members for that which is also a civil offence as when they cast him out for lying drunkenness Incest c. they are not therefore Civil Officers because they do it in their own proper way namely Ecclesiastically So when Civil Courts censure persons for heresie schisme c. which also is an Ecclesiastical offence they are not therefore Church Officers because they do it in a Civil way and as it is a breach of humane Lawes made against the same and as it tendeth to break civil peace In the one Court they are censured as matters of the Lord properly in
THE CIVIL MAGISTRATES POVVER In matters of Religion Modestly Debated Impartially Stated according to the Bounds and Grounds of Scripture And Answer returned to those Objections against the same which seem to have any weight in them TOGETHER WITH A Brief Answer to a certain Slanderous Pamphlet called Ill News from New-England or A Narrative of New-Englands Persecution By JOHN CLARK of Road-Iland Physician By Thomas Cobbet Teacher of the Church at Lynne in New-England Take us the foxes the little foxes which spoil the vines c. Cant. 2. 15. Rulers are not a terror to good works but to the evill c. Rom. 13. 3. This Treatise concerning the Christian Magistrates Power and the exerting thereof ' in and about matters of Religion written with much zeal and judgement by Mr. Cobbet of New-England I doe allow to be printed as being very profitable for these times Feb. 7th 1652. Obadiah Sedgwick LONDON Printed by W. Wilson for Philemon Stephens at the Gilded Lion in Paul's Churchyard 1652. TO THE RIGHT HONOURABLE OLIVER CROMWEL Captain General of all the Forces of the Commonwealths of England Scotland and Ireland Grace Mercy and Peace be multiplied THrice noble Sir whom not Man alone hath honored with greatest dignity of highest Military Command but the God of Glory also hath dignified as with peculiar Interests in his speciall Grace and Favour in Jesus Christ and with an abundant measure of the saving Graces of his blessed Spirit so with a glorious and prosperous success in all your weighty undertakings let it not seem overmuch boldness in me who am a stranger to you by face that I send forth this following Discourse into the world under the shadow of your Lordships Name It seemeth according to our best intelligence here that the subject of this Discourse beginning to grow the great controversal business of these polemick times your Honour with some other of the Lords Worthies in England have expressed some desire of yours that something might be spoken thereunto Now I having begun to do something that way formerly and though the most unworthy of any such respect from such choice Favourites of the Lord being often moved by some of our honoured Magistrates and reverend Elders here to present it to publique view I began to conclude that it might be now seasonable so to do And although I were a very babe in comparison of others for abilities and wisdom to manage so weighty a cause of the Lord yet I remembred him that said Out of the mouthes of babes and sucklings thou hast ordained strength that thou mightest still the voice of the enemy and the avenger so that I was incouraged not alone to put forth this discourse but to make use of your Lordships Name therein Besides we receiving certain information Renowned Worthy of your dear respects to the Churches here as also to our Civill State which I trust New-England doth not nor ever will forget even your cordial appearing for us who are so much subject to the reproach of tongues at so great a distance together with your charitable frequent expressions of the good opinion you have of us This also Right Honourable the rather moved me as a Member of this Polity even in way of Gratitude to dedicate to your Excellency this Apology for Civill Christ an Governments why they ought in their Civil and Political way to restrain and punish abuses and enormities even in matters of the Lord of the Church You truly noble and valiant Sir have quit your self like a man of God in managing your Military weapons in defence of the Civill State in England against all opposers of them for their exemplary acts of Justice which they did both upon delinquent Statesmen and as they are called Churchmen too even the Prelates and their retinue Yea you have to your utmost in your Military way managed that cause at first covenanted by the State which was not alone the bringing of all sorts of Delinquents to their condign punishment but the reforming of matters of Religion in Engl according to the Word of God the pattern of the purest Churches wherfore right worthy Sir what you have fought so many bloody battels for in the field now stand couragiously and plead stoutly for it in peace Israels General Joshuah was not more famous for his prowess victories over the Canaanites in the field than for his care of setling Religion in the people acding to Gods mind when the War was ended witness those memorable passages that way recorded Josh 23. chap. 24. King David is renowned for the like care who after the inhabitants of the land were given into his hand and the land was subdued before the Lord and his people 1 Chr. 22. 14. Now saith he set your hearts and souls to seek the Lord your God and arise and build his Sanctuary c. And chap. 27. he gathereth the chief Civill and Military Commanders before him and ver 8. he chargeth them all in their severall places callings and conditions to keep and seek for all the Commandements of God and he joyneth with him in special the chief Commanders of the Army in a Civil way to help on the Work of Religion and of the Church mentioned 1 Chr. 25. 1 c. Let not therefore the least thought arise in your Noble breast Right honorable Sir that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for you to meddle in such matters or to maintain things of that nature But let Holiness and the defence and maintainance thereof be written upon your hors bridle as it will be upon theirs whose Conversion we are even waiting for Zach. 14. 20. Who will be presently up in arms for Christ and his cause against which they were so long hardened That returning Shulamites Portraiture is represented by the company of two Armies Cant. 6. last of whom more also is spoken Zac 12. 5 6 7 8. Jesus Christ himself is represented as the Generall of the Field and owning the godly Souldiery as his Army who in a cause of Religion shall by the dint of the sword be instruments to bring Antichrist and his Abettors to their deserved ruin Rev. 17. chap. 19. Yea but could not Jesus Christ destroy them by his own immediate hand and is not his Truth and Word of force to overthrow all that is contrary to it Yea verily yet is it the will and pleasure of Jesus Christ by humane externall forcible means to restrain and punish such offendors in matters of Religion wherefore neither the State nor Souldiery of England have any cause to repent of their Covenant Ingagements in their several respective ways to endeavour the bringing it about that Religion there may be reformed according to the Word of God and the best patterns of the purest Churches Nor hath the State of England any cause to retract any wholsom penall Laws which they have made the 2. of May 48. or since against so many blasphemous and false Doctrines and
ever it were a time wherein the Zeal of Gods house should burn in the hearts of the sincere members of Jesus Christ or if ever the Lord called for the flaming forth of that holy fire in their zealous expressions and actions according to their several places and callings in way of vindication of the Lords abused Name Truth Ordinances and Wayes surely this is that time when under pretence of Spirituall Light so much hellish darknesse beginneth to overspread the face of the Churches of Christ Wherefore before that I do enter upon the main point which I intend in this Discourse I shall first present a memorable example of such holy zeal in our Head Jesus Christ to the Intent that such of his Members who are by office and place most concerned therein may in the fear of God wisely and seriously ponder whether that holy Zeal which was in Jesus Christ as in a Well-head and is doubtlesse in their measures derived to them also should not now be more abundantly exerted and exercised that way The example I intend is recorded in Joh. 2. 13 14 15 16 17. And Iesus went up to Jerusalem And found in the Temple those that sold oxen and sheep and Doves and the changers of money sitting And when he had made a scourge of small cords he drove them all out of the Temple with the sheep and the oxen and poured out the Changers money and overthrew the tables And said to them that sold Doves Take these things hence make not my Fathers house an house of Merchandise And his Disciples remembred that it was written The zeal of thine house hath eaten me up This History of Christs purging the Temple being the relation of one of his most glorious Acts in which he put forth his hand in publique view after his most solemn entrance upon his great work It is the more observable and doth call for more then ordinary Improvement by all such whose property it is as Saints to make narrow search into all the great Works as of God a Creator Psal 111. 2. so of Jesus Christ God-man their Redeemer but especially by all such whose duty it is by their office and place to be Reformers of matters amisse in the house of the Lord. Twice at least it is clear Christ acts thus once in the beginning of his Ministry as John noteth in this Chapter and another time towards the end thereof as the other Evangelists shew Matth. 21. 8 9 10 11 12 13. Mark 11. 15 16 17. Luke 19. 37. to 47. Jesus Christ then when acting his publick Ministry upon earth he made it one of his first so one of his last works to reform matters amisse in Religion At first buyers of oxen and sheep are outed the Temple but at last sellers too At first Dove-sellers are gently spoken to to carry away their Truck but at last their seats also are overthrown Christ saith at first you have made my Fathers house an house of Merchandise but at last ye have made it a den of theeves He is then more severe at a second time against such who reform not by his former check If any enquire after the time when this was It was immediately upon Christs first coming to Jerusalem after his solemn Initiation into his office Joh. 2. 11 12 13. compared If any ask what the occasion of this Act was It is noted in that he found in the Temple those that sold oxen c. if any would know in what manner he Acted that also is expressed with some he dealeth by blowes violently driving them out with his scourge made of small cords so that the Instrument he maketh use of to correct them in such sort is a whip or scourge the materials thereof were small cords namely which those traders brought with their Cattel with this scourge so made he layeth on so violently that he driveth out not so much the beasts as the Beast-sellers also he drave them all out and the sheep and the oxen or with the sheep and the oxen which the Greek text cleareth using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in reference to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as also to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Beast-sellers and money-changers If any would demand the ground why Christ did thus It is given partly in that himself spake Make not my Fathers house an house of Merchandize It was his Fathers house which was so profaned and polluted and he as his son is nearly concerned in it and partly in that which the Spirit of God suggested seasonably to the Disciples from the Book of Psalmes The Zeal of thine house hath eaten me up And now may not the Saints learn for their Instruction sundry things hence which concern them also even all of them in their several callings especially those in higher place Yes verily From a more general Consideration of this history as holding forth the dealing of Jesus Christ with sinners amongst his people we may all note that which godly Interpreters hint hence to us As from this that is said he found such and such and dealt so with them Learn first That the sight and assured knowledg of sinnes acted especially by persons pretending to Religion it provoketh the Lord Jesus some way or other to expresse his deep displeasure against them Secondly that sometimes the Lord Jesus dealeth with sinners and punisheth them in the very Act of sinning as he scourged them here which he took in the manner From what is here said he took small cords and made a whip thereof even of the very Cords which they sinfully abused to bring their Cattel into a forbidden place for any such use Learn that sometimes the Lord Jesus maketh punishing scourges for sinners even of the very instruments themselves abused to sinne From the manner of Christs dealing here that with his whip he driveth out the beast-sellers as the beasts using them therein as their beasts Learn that such as under the means of grace grosly abuse and prophane the same they are of basest esteem in the sight of the Lord Jesus Furthermore these abuses were not without religious pretences of Scripture grounds God had of old said Deut. 14. 24. 25 26. If the way be too long for thee so that thou art not able to carry it namely the tythe of their corn and firstlings of their flock which they were to eate before the Lord v. 23. Or if the place be too far from thee which the Lord thy God shal chuse to set his name there which afterwards was Jerusalem and the Temple there then shalt thou turn it into money and bind up the mony in thy hand and shalt go to the place which the Lord thy God shall chuse And thou shalt bestow that money for whatsoever thy soul lusteth after for Oxen or for sheep c. And thou shalt eat it before the Lord thy God c. It might therefore seem convenient to have the beasts at hand to be sold there
abuses is either immediately Divine as when by divine vision revelation prophesie inspiration instinct and the like or that which is mediately divine in respect of God the Authour but immediately humane in respect of man designing and inviting Now let us in the second place lay down some Conclusions 1. Negatively what may not be done this way 2. Affirmatively what may and must In a negative way we say 1. No private person now in these dayes under any pretence whatsoever may take upon him to restrain and punish Corruptions in Religion in those who are not under his personal charge Calls which are immediately Divine are now ceased men are now to look for a call from man and by man to act in way of restraining and punishing the faults of others which are not under them either as Parents Guardians Masters Tutors or the like It is rash zeal zeal without knowledge to do any thing that way without the bounds of ones particular calling in the limits whereof every one should abide with God 1 Cor. 7. 20 24. It tendeth to confusion in Churches and Common-wealths and God is no Author of that 1 Cor. 14. 33. In those dayes when God was pleased to give forth sometimes extraordinary Calls to such work yet those zealous Levites await their call from him whose proper work it was in a forcible and corporal way to punish such abuses even from Moses the Magistrate Exod. 32. 26 27 28. and Deut. 33. 9. compared Uzzahs sad punishment by the Lord even in those dayes for putting forth his hand to stay the Ark from falling having not a call thereunto 1 Chron. 13. 9 10. is of publick Admonition to all of us to take heed we break not the bounds of our calling this way out of a pretence to preserve Religion from Injuries he that so useth the sword shall perish by it Matth. 26. 52 53. 2. No Civil Authority whatsoever nor persons thereto called Conclus 2. may as persons in Civil Authority curb or punish abuses in Religion in any Ecclesiastical manner or by meanes properly Ecclesiastical as excommunication or the like What he who is a godly Ruler may do considered as a member of a particular visible Church with joynt concurrence of the Church whereof he is a member is another case Christ never gave the power of the keyes to any Civil Common Wealths or Kingdomes as Civil Societies but to his Church as an Ecclesiastical society Matth. 16. 18 19. and chap. 18. 17 18. 1 Cor. 5. 4. nor on the other hand may Churches or Church Officers take upon them to restrain sentence or punish Church abuses or corruptions in any external forcible way or by any corporal punishments as Imprisonments Fines Mulcts Stripes Sword Whip Fire Faggot or the like And in vain do the Rhemists in their glosse upon that Scripture in Joh. 2. 13 14 15 16. plead for their Father the Pope as having ground from thence to make use of both swords the temporal and the spiritual sword Even Peter himself whose Successour he falsly pleadeth to be he may not use the temporal sword no not when pretending zeal in the cause of Christ his Master but is chidden and threatned by Christ for it Matth. 26. 52. the Church of Rome and all her Officers must subject themselves to Civil Authority and if they themselves do any manifest evil they are to fear the Magistrates sword Rom. 13. 1 2 3 4. which with the rest of the Epistle is directed to the Church at Rome Chap. 1. 7. the ordinary use of the Whip and Sword is a Lordly and Masterly Act it is one exercise of a Lordly Dominion and Authority and it may not be so with Peter or any other of Christs Apostles or their Successours Matth. 20. 25 26. where if the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 would be evaded as understood of any tyrannical use of such power Luke in his 22 Chapter verse 25. taketh off all scruple when he saith of the Kings of the Gentiles that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they barely exercise Lordship and authority over you namely in their Civil way he addeth vers 26. but it shall not be so with you you may not imitate them in any such use or exercise of their power Nor was the Question moved to Christ by the Disciples who should be tyrants over the rest but who should have Dominion over the rest to which Christ answereth It shall not be so with you 3. Neither Civil nor Church power may curb or punish a mere supposed Corruption in Religion but that which is so really and manifestly appearing from grounds of the Word the contrary is condemned when men are made offendors for a word rightly uttered by the just Esay 29. 21. when Assemblies shall ignorantly and rashly passe censures out of a bare supposal of service therein done to Christ Joh. 16. 2 3. they that kill you shall think they do God good service 4. Neither the one power nor the other may censure and punish real corruptions in Religion till breaking forth into outward expression and brought into more open view for then they are Judicially certain then they are of legal proof then they are scandalous and Infectious Hence that Law about civil punishing corruptions in Religion Deut. 13. 13 14 and 17. 2 3 4 5. If it be told unto thee and thou hast heard it then shalt thou enquire diligently and if it be true and the thing certain that such abomination is wrought in Israel then shalt thou bring forth that man or woman and stone them c. 5. Though such as are in place may be and should be in a holy wise jealous and carry a more watchful eye in case of hints given of such corruptions as creeping in amongst them as were the heads of the Tribes upon some information given touching a new Altar made by the two Tribes and half Josh 22. 11 12 13 14. and as was Paul in his way of the Church of Corinth 2 Cor. 11. 2 3. yet is it not meet by any external violent means as by Oathes ex officio close Imprisonments wracks Strappadoes and other preposterous wayes of Inquisition to bring that under Censure which Gods providence ripeneth not for it Neither Claudius Lysias the Centurion nor Felix nor after him Festus the Governour of the Jewes would any of them use any such wayes to extort self-accusations so contrary to the light of Nature and Law of Nations from Paul a supposed and accused Delinquent many wayes See Act. 22. 30. and 23. 28 29 30 35. and 24. 22 23. and 25. 5 7 8. 6. Although the Corruptions in Religion may be manifest either to the Civil or Church Court yet not actually punishable till sufficient meanes of conviction be used Thus did the Heads of the ten Tribes although preparing to strike and punish that Innovation and new way of Religion as was supposed yet what
effectual meanes they did use of conviction may appear by that gracious speech made to the two tribes and half by their Messengers Josh 22. 11 12 13 14 15 16 17 18 19 20. verses compared So in Church Courts an Heretick must be rejected but yet not till after once or twice Admonition 7. Although neither powers Civil or Ecclesiastical may inforce upon Aliens from the true Religion any of the wayes of it yet may not the Civil power suffer Aliens either openly to vilifie or blaspheme the true Religion or to abase the Preachers and professours thereof or any way to disturb them in the holy exercise of it Christ would not suffer the man possessed to make disturbance in the Sabbath solemnities but casteth out the devil Mark 1. Or least of all may they induce them to practise openly their Jewish or Pagan Religions 8. Neither Powers may equally censure or correct all sorts of corruptions in Religion which come into publick view but as the corruptions are more grosse or the persons more contemptuous and turbulent in their way so to lay on the more load upon them Some are Seducers and Ringleaders in the offences and abuses some seduced neither all errours nor all erring persons are of equal guilt and Justice must suum cuique tribuere Positively we affirm that both Church Officers with their Affirmat Conclus Churches in a Church way and highest Civil Authority and Rulers in their political way they may yea they must restrain and seasonably and suitably punish all grosser corruptions in Religion manifestly crosse to the Word when they are outwardly and openly expressed to the Just offence of the Saints and hurt of others To explain this a little We say they may do so not as a matter of their own liberty to do or not to do so a thing may be lawful which in case is not expedient but this is a duty to which they are bound and with which they cannot wholly dispense it s therefore added they must do it oft times indeed they do it not but in duty they are bound to it Albeit they may for a time sometimes suspend the acting of it yet it s added they must seasonably do it not too suddenly before some paines and patience be used nor yet too slowly delaying over-long till such evils spread too far grow to too strong an head or become incurable or at least uncontroulable They must also doe it suitably that is observing proportions of persons offending of matter manner times and places of offence that way And they must so deal not with every lighter matter of offence but in case of grosser offences striking at the weightier matters of God tending to invalidate and undermine or to invert or pervert his choicer institutions And they must so punish corruptions manifestly crosse to the word not matters which in themselves are meerly disputable both wayes but which are in themselves clearly crosse to the Word if not in the expresse letter of it yet in respect of conclusions unavoydably and necessarily deducible from the Word It is further added when they are outwardly expressed c. Namely in word writing in gesture or deed uttering or acting the evils themselves in an open and offensive way or else contemptuously and turbulently expressing distaste some way against the contrary truth and way professed and practised by Religious Common-wealths or by the purer Churches in them But because in these latter times so many depart from the faith giving heed to seducing spirits and doctrines of Devils and because that civil government is now so much despised and too many are not afraid to speak evil of dignities in Kingdomes and Common-wealths making them usurpers for medling in such matters of Religion or for daring to improve their civil power to restrain and punish such enormities in Religion I shall therefore onely addresse my self at present to prove and confirm this Position that it is the dutie of highest civil authoritie and of the civil Rulers in a religious State to restrain and punish corruptions and abuses in religion breaking forth within their jurisdiction according as even now explained and stated in the foregoing conclusion This I prove by several reasons grounded upon the Scriptures Reason 1 The first reason hereof is taken from the nature of such work of such political restraint and punishment It is a choice piece of service to the Lord from them therefore no usurpation nay rather therefore their dutie therefore well becomming them When Moses the chief Magistrate would be putting forth his authoritie to call forth some as instruments of his authoritie to punish by the temporall sword those open corruptions in religion in the Actours thereof Exodus 32. 4. c. verse 26. He asked Who was on the Lords side 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Who is for the Lord It is therefore in the very nature of the thing to be for the Lord or on his side to punish such corruptions in such offenders And verse 29. speaking of the same work Moses authoritatively biddeth them Consecrate your selves to day to the Lord even every man upon his sonne and upon his brother adding this blessed motive to that work That he may bestow a blessing upon you to day It is in the Hebrew Text 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Fill your hand a phrase borrowed from sacrifices and such as offered sacrifices or had their hands filled for that end Hence when Aaron and his sons are to be consecrated to the Lord for offering sacrifice Exod. 10. 9. It is said in the Hebrew and thou shalt fill the hand of Aaron and the hand of his sons Acts of justice against enemies to the Church watching to make advantages of their weaknesse as did the Amalekites They are a choice service and sacrifice to God yea preferred by Samuel before Sacrifice 1 Samuel 15. 2. 3. 18. there is Gods charge And verse 22. Obedience to that Charge is made better then Sacrifice Hence when God by others sword doth punish the Churches enemies Esay 34. 6. He saith of it The sword of the Lord is filled with bloud He calleth it his sword and addeth For the Lord hath a sacrifice in Bozra and a great slaughter in the land of Idumea That Act of justice is owned by the Lord as his Sacrifice and Ezechiel 39. 17. speaking of those grand enemies of his Church Gog and Magogs just slaughter He calleth to the Fowles Come to my sacrifice c. And this place is the more observable In that the like speech is expresly applied when the overthrow of such as follow the whore and beast and false Prophet of Rome in his wayes worship and government and when the overthrow of all such as support that man of sinne is described Revel 19. 17 18 19. It is there called The Supper of the great God come and gather your selves unto the Supper of the great God So delightfull and contentfull and pleasing to the great God are such acts of
understand the persons rather so offending which must be so taken as Hereticall persons blasphemers and such like Whence false Prophets compared to Foxes Ezekiel 13. 4. Concerning these the Churches well beloved Canticles 2. 10. Even Christ the Churches Spouse whose Dove is the Church Verse 14. He giveth this order Verse 15. Take ye us the Foxes Whether the speech he utter were in his own name as some think or in the name of the blessed Father and Spirit also as others think or whether spoken with respect had to his Spouse the Church Take ye us that is for me and my Church or for my sake and hers or on my behalf and hers yet to be sure Christ spake this as Spouse to the Church his welbeloved Dovelike Spouse and so he spake it as head at least as political head of the Church and so also as Mediatour and therefore what herein he injoyneth is to be the more observed undeniably holding forth First That this is a charge of Christ as Mediatour unto all such who by place and office under him are to restrain and punish not by the use of a spiritual rod or sword so much as are Church Officers but specially by the use of the temporal sword as our Civil Rulers who in their political way are here injoyned forcibly to take such corrupters and disturbers of Religion as well as of good manners Secondly That such taking of such Foxes is in the nature thereof a special service to Christ Jesus as Mediatour and Political Head of his Church Yea and to the blessed Father and Spirit in whose name and to the Church it self also on whose behalf he may seem to speak not thus Take ye for me but thus Take ye for us the Foxes yea the least of them which may seem not to do so much hurt as others the taking of all sorts of such Foxes then who by their tenents or practises do hurt and spoyl in the Churches or the restraining curbing and punishing of them in some external forcible way this must needs be very acceptable service to the Lord. So Numb 25. 11. 1 2 6 7 8. verses compared that extraordinary act of zeal in Phinehas corporally punishing not merely an act of corporal fornication which then was not of it self death though Adultery was but a joynt act of spiritual whoredome too in that Idolatry there mentioned which then was punishable with death by the civil Magistrate in an ordinary way Deut 13. 17. I say this that he did is by God reckoned under this head as for him or for his sake vers 11. while he was zealous for my sake and vers 13. because he was zealous for his God God then looked at himself as in a very special manner both concerned and respected in that service of Zeal All which places thus cleared may help to expound that Psal 2. 10 11 12. where the Kings and Judges of the earth are required to serve the Lord the Son Gods Anointed vers 6. Now this service being not injoyned them as men barely but as Kings even Kings upon the Throne Job 36. 7 11. compared It cannot be restrained to service in common with other godly persons but looketh also to Authoritative service as Civil Rulers Whence this Argument may be formed in reference to that before spoken All Authoritative service whatsoever of civil Rulers unto Christ is by command required of them For serve the Lord that is Christ is indefinite and so extendible to all such service also but as hath been before proved forcible restraint and punishment of corruptions in Religion by the temporal sword is one special part of such service therefore forcible restraint and punishment of corruptions in Religion by the use of the temporal sword is by command of God required of Civil Rulers And it must here further be noted to what times this Psalm must be referred the comminatory and threatening part of the Psalm vers 1 2 3 4 5. Peter applyeth to the times of the Gospel Acts 4. 25 26 27 as is that Psal 2. 9. by John Revel 2. 27. 12. 5. and 19. 15. The Instructive part of this Psalm as that vers 7. is by Paul applyed to Christs Resurrection Acts 13. 33. that verse 8. concerning the Heathen or Gentiles becoming Christs possession and the utmost coasts of the earth his Inheritance all will yeeld must respect the times after the partition Wall twixt Jewes and Gentiles was broken down and the Gentiles made the Lords habitation Ephes 2. this was the time to which that Now verse 10 11. looketh Be wise now ye Kings serve the Lord with fear Kisse the Son c. verse 12. namely thus risen and reigning as vers 6 7 8 9. do expresse So then it was not a Mosaical Injunction respecting the Kings of Israel and Judah who might be types of Christ but it is a command lying upon Gentile Rulers in the dayes of the New Testament to serve Christ with their Authority in restraining and punishing corruptions in Religion And the Argument hence is undeniable That Command of God which is expressed with peculiar reference to Gentile Rulers which should rule after Christs Incarnation that command must needs be of force in the dayes of the New Testament But this command unto Princes and Judges in their Authoritative way also to serve Christ is of that nature or is referred to the dayes of the New Testament therefore that Command is of force or bindeth in these dayes of the New Testament The Proposition is evident because the Commands of God must needs bind the persons respected and intended in those very commands The Assumption was before cleared So that the Conclusion remaineth undeniable and there wanteth not now a binding command of God requiring such Authoritative service of Christ by Civil Rulers as that is and was proved to be namely Authoritatively to restrain and punish such corruptions in Religion A second Reason of the Assertion is taken from the end to Reason 2 which the Civil Magistrate is appointed of God whether that end be more General or Special In the General he is appointed for the good of such as are under his subjection he is the Minister of God to thee for thy good Indefinitely Rom. 13. 4. whether that good be natural as life and safety of their bodies or moral as temperance chastity honesty and the like or civil as civil peace civil liberties mens Lands goods estates c. or Spiritual as the free passage of the Word and Ordinances of God the purity of all the worship of God and of the Doctrine and Discipline of Christ dispenced and the like Now if God make the Civil Magistrate the Minister of all this good to the subjects then hath he armed them with civil power in a civil way and by political meanes to promote that good of the Subjects and to rescue from whatsoever externally breaketh forth tending to impair that Good of the subjects and who seeth not that
the other as they come under other political 2 Chron. 19. 8 9 10 11. respects Nor is either Court clear of that Guilt unlesse both Courts in their several wayes as several witnesses of Christ do bear their respective Juridical and Authoritative testimony against the same If you grant such power to Civil Authority you make them Object 2 Lords over peoples faith and conscience and that is onely Gods peculiar to reform or restrain or punish conscience and Paul though an Apostle and more then another ordinary Officer he disclaimeth this 2 Cor. 1. 24. not for that we have dominion over your faith God that of old injoyned such restraining and punishing Answ 1 of Idolaters Seducers Blasphemers and Prophaners of his Sabbath Deut. 13. 9 10. Chap. 17. 5 6 7. Numb 15. 32 33 34 35 36. Levit. 24. 11 12 13 14. and Christ that requireth the taking of such Foxes did he injoyn Civil Authority thereby Cantic 2. 15. to Lord it over mens faith and conscience Surely none dare say so or did Asah who 2 Chron 14. 4. commanded Judah to seek the Lord c. Lord it over their faith or did Josiah who did compel some to stand to their Covenanted worship of God 2 Chron. 34. 32. he made all that were present to stand to it and vers 33. he made them serve the Lord their God and 2 King 23. 20. he slew the idolatrous Priests there did he therefore sit in Gods Throne of mens consciences and Lord it there surely then he had never been so renowned for it as he is but blamed rather and say not this is Old Testament for if it be in it self a lording over mens consciences to require persons to carry it orderly before the Lord in his worship with their outward man and neither to hold forth or expresse in any scandalous way what is contrary therunto or if they do to punish them for it It is of this nature wheresoever it is or whensoever it is found times of Old or New Testament make no difference in the nature of things What is in it self tyranny or murther is so It was so then and is so now and if so now it was so then Yea if it be in it self Lording over conscience to punish grosse corruptions in Religion for which men pretend conscience then if Churches in a Church way punish hereticks cut them off from Church communion or deliver them up to Satan they lord it over mens faith and consciences they would force others to believe as they do believe when yet those others professe that in conscience they cannot do so and so will force other mens consciences But will any say that this is forcing conscience or lording over it verily then Thyatira had not been so much to blame or why doth Jesus Christ blame that Church for suffering Jezabel to vent her corrupt doctrines especially in such lesser matters as eating things sacrificed to Idols Rev. 2. 20. if Thyatira might reply Jezabel professeth her self a Prophetesse to be extraordinarily inspired to have the Spirit promised in Joel poured out on her one of the Lords handmaids whereby she prophesieth and so to hold forth what she doth out of conscience to the dictates and manifestations of the Holy Ghost in her spirit and conscience besides the matters are of no great weight to eat things sacrificed to Idols which Paul himself made a matter of indifferency in some cases 1 Cor. 8. chap. 10. Rom. 14. And should we not let such blind guides alone in their seducing of other blind ones like themselves as Matth. 15. 14. they were required or if we should deal with them and force them out of the Church for such matters of conscience shall we not seem to force mens consciences and to lord it over that which is thy peculiar to manage and over-rule even conscience Besides if such Church restrictions of the corruptions in Religion or punishing of them Ecclesiastically when yet they are matters of conscience be forcing of other men to our belief and forcing mens consciences why are Churches to censure hereticks first by that censure of Admonition once or oftner and after that of excommunication Tit. 3. 10 11. or why did not Paul himself let Himeneus and Alexander alone or why is he so earnest that such false teachers who troubled the Galatian Churches might bear their Ecclesiastical Judgment and be Ecclesiastically cut off Gal. 5. 10 12. 2. It hath been declared already how such Rulers do therein act but as Gods Ministers and by vertue of their office and charge from God and de Jure do not restrain or punish what seemeth to be crosse but what is evidently crosse to the Word of God according to the third Conclusion and so they do restrain and punish that only which if others had any conscience as we say they would refrain from as first Forbidden by him even God and Christ who is Lord both of their Faith and Conscience too and will one day be a Judge of both and in the mean while doth make lawful Civil Powers his Substitutes and Ministers and under-Avengers to execute wrath upon him that doth evil Rom. 13. 4. the Lord maketh no exception in their Magisterial work but speaketh indefinitely if corrupt persons in Religion even as they hold forth such corruptions in word or deed be evil doers the Lord ordaineth Civil Rulers to be Ministers of his vengeance against them albeit he himself be an avenger and could execute divine vengeance upon them immediately as he is Supreme Lord of mens Consciences 3. It hath been already said in the sixth Conclusion that the use of such Coercive power in punishing it is to be after due means of conviction first used which being used and yet persons persisting still in their evil wayes they are according to Gods own Censure accounted as persons self-condemned or condemned in their own consciences Tit. 3. 10 11. so that their punishment then is not lording it over their consciences but a just censure of persons sinning against their Consciences If this power be so exercised it would make Christians servants to men or like their servants they must be forbid this or Object 3 that and if not obedient then punished now 1 Cor. 7. 23. we are charged not to be servants to men First The Lord of old required as much as now we plead for did not he then and thereby make his Saints of old servants Answ to men albeit they as well as we were bought with the price of Christs blood Secondly such a like Argument if of any force would also undermine Church restraints and punishments of corruptions in Religion for it will be said the Church is but a Society of men they forbid this or that to their members which if they obey it not they censure them and will any become such servants to men Thirdly It is evident that now also men may be servants to men 1 Tim. 6. 2. Ephes 6.
Lawes he is King of kings and Lord of lords 1 Tim. 1. 15 16 17. Rev. 17. 14. 19. 16. if considered in a limited sense under this or that form of Rule or Magistracy whether Monarchical Aristocratical Democratical or mixt of Aristocracy and Democracy so it is a humane creature as the Greek termeth it 2 Pet. 2. 13. 2. Civil Magistrates are considered either as rightly ordered according to God or as some way defective to his order Regulated Magistrates ordered according to the Rules of God and Christ whose Ordinance they are and by whom they rule they are well versed in Scripture Deut. 17. 18 19 20. men of choyce Abilities for wisdom and understanding yea even in the things of God Exod. 18. 21. Deut. 1. 13 compared such as fear God ibid. such as rule in Gods fear 2 Sam. 23. 3 4. such as do spiritual homage to Jesus Christ Psal 72. 10 11. are spiritually wise and well instructed Psal 2. 10. Kisse the Son with the kisse of faith love and obedience verse 12. serve him vers 11. not as men only but as Kings and Judges Are nursing Fathers to the Church Esay 49. 23. are brought to the Church to joyn with it Esay 60. 11. stoop to the Government of the Church as members of it Esay 49. 23. bring the glory of their Authority to the Church Rev. 21. 24. thereby to minister every way in way of protection preservation and establishment thereof Civilly in peace and purity of doctrine and discipline and the like Esay 60. 10. 1 Tim. 2. 1 2. every way in their political manner Ministers even to Gentile Churches such as that of Rome was for its good Rom. 13. 4. and a terrour not to good works but to evil Rom. 13. 3. In this respect it s so far from truth that a godly man and member of Jesus Christ should not be a Magistrate when yet godly Moses Joshuah David Asah Jehoshaphat Hezekiah Josiah Zerubbabel Nehemiah and others of old were and so in and after Christs Incarnation was Joseph of Arimathea Joh 19. 38. so was he Joh. 4. 46 53. compared so was Cornelius Act. 10. 2. and Sergius Paulus Acts 13. 7. 12. compared that Eunuch Acts 8. 27. 37. compared Erastus Rom. 16. 23. c. that according to Gods rule such an one should be the only man for that office The Conclusion in special wise respected regulated Magistrates and not so much such as are defective to their supream Lords order and rules and sundry wayes grosly transgressing the same 3. Civil Magistrates are considered in the perfection either of the Essence of their Magistracie or of their Magistraticall Operations In the former sence Pagans and other Rulers not regulalated according to Gods Rules and perfect Rulers and have a perfect right to establish true Religion and to make good our Lawes to that end Albeit for want of light they know it not or for want of a better heart they doe it not According as out of the like defects they establish not many wholsome Rules and Lawes of civil Honestie and Iustice albeit as Rulers they have a power to doe it In the latter sense if regulated they are compleate if not regulated then in so farre forth sundry wayes imperfect and deficient Secondly we distinguish of Kingdoms or Common-wealths in which they rule They are either greater or lesser the Rule concerneth both alike Again they are either Pagan not intended in the point or Christan and these again either more pure and better squared according to Gods rules whose they are or they are more corrupt and Apostatizing from truth or from purity and power in Religion that point reacheth both Again these corrupter States are considered as so corrupt either in the body of the Spirituall guides thereof or in the body of the People or in both Neither the one nor the other are in Religion excluded the point Thirdly we distinguish of Legislative power in matters of Religion It is either Absolute and meerly Soveraign and so onely God and Christ is Law-giver unto his people both for matters of Religion and Righteousness Piety and Honesty First and second table Jam. 4. 12. There is one Law-giver Esay 33. 22. The Lord is our Law-giver Or it is subordinate and subservient and in a way of conformity and respect to the Laws of God already made by God and so as men may be Kings and Judges though in other respects the Lord alone be King and Judge Esay 33. 22. so may men also make just decrees be Law-givers Again Law-givers are considered either as Infallibly and immediately inspired such a one was Moses Numb 21. 18. or as bound indeed to the Rules of God which are of Infallible Inspiration but not alwaies Infallibly caried out according to those Rules and so others in highest place are Law-givers as where those Jewish Rulers long after Moses time with whom the civill Scepter was they were Law-givers and long after Davids time and Solomons who had their inspirations so far as the Scepter or Higher Civill power departed not from them a Law-giver was among them Gen. 49. 10. Prov. 8. 15 16. These Humane just decrees of highest Civill Rulers are by Christ Again there is a power simply Ecclesiasticall respecting the decent and orderly carrying on of the worship of God according to generall Rules of the Scripture and the prescripts of holy prudence left to the Churches liberty 1 Cor. 14. 40. though these constitutions are not so properly Laws but rather are Ecclesiasticall directions of order and decorum about externall Rites and circumstances of worship which we grant there is a Nomothetique power about matters of Religion which is meerly Politicall and Civill to which the conclusion looketh There is a power supposed which is mixed that is partly Ecclesiasticall and partly Civill which some give to the Pope as do some Papists some in name Prostestants do give to Christian Princes but this confusion of the two powers and swords we deny to be from the God of Order Fourthly we distinguish of Laws about Religion They are considered either materially or Formally Concerning such Lawes materially considered they are either of such things which are manifestly cross to divine Laws which are the onely Authentique and presidentiall Laws condemned in Jereboam and other wicked Princes 1 Kings 12. 28. to the end of such Laws see allso Hos 5. 11. Or they are Humane Sanctions of the Laws of God and of that which is according to those Laws which we assert Secondly Things according to the Word properly respect either Fundamentalls or Circa-fundamentalls matters bordering upon Fundamentalls and circumstantially in Religion or matters respecting Religion of greater or lesser weight we would not exclude either from being materialls of Humane Civill Sanctions 3. Matters of Religion are either such as are manifestly in the Word or such which though in thmeselves in the word and grounds of it yet not so clearly but very disputably the regulated
Because man cannot force either the mind or heart wherein Conscience partaketh either to think judge or chuse after their mindes or Laws other than what themselves chuse though they may force the outward man Nebuchadnezar doth his pleasure with their bodies in Dan. 3. yet ver 17 18. they will not serve his Gods 4. Because men cannot reward Conscience with any reward suitable to it as inward peace or comfort c. in case of obedience to their Laws God alone giveth soul-comfort 2 Cor. 1. 3. 5. Because men cannot punish the soul and spirit thought it should disobey their commands they can onely kill the body but not hurt the soul Mat. 10. 28. 6. Because if mens Laws of themselves bound Conscience then at the day of Judgement men should not be judged onely according to the Word and Laws of God and Christ as is affirmed Rom. 2. 14 15. John 12. 48. but according to mans Laws also 7. Because it is possible that mens Laws though supposed to be according to the Word yet they may not really be so Now if mens Laws did formally bind Conscience then men should stand Conscience bound sometimes to transgress the rules of Gods Word by virtue whereof alone all mans Laws do bind True it is that Rom. 11. 3. Subjects are to obey Authority for conscience sake but not as out of Conscience to mans Laws as humane but by virtue of the fifth Commandement requiring honour of subjection to their Superiors lawfull Authority and commands and by virtue of any such particular Scriptures upon which any particular Laws of Churches are grounded Now let us lay down some positive Conclusions about this Nomothetique power Concl. 1. First then in the general we affirm That highest Civil Authority in a Religious State may make Political Laws properly such about matters of Religion and matters respecting the Churches of Christ R. 1. Because supreme Political or Civil power of Authoritative keeping the first as well as the second Table is the Civill Rulers both duty and privilege But Nomothetique power about both Tables is such supreme power And hence the King and Judge in Israel is charged with keeping the whole Law of Moses Deut. 17 19. 1 Kings 2. 3. Josh 1. 7 8. Hence that Coronation Ceremony of delivering the Book of God into the Kings hand when to be installed in his Throne 2 Chron. 23. 11. Hence 2 Chron. 13. 10 11. For we even King Abijam and the rest of his Princes and others keep the charge of the Lord our God but you have forsaken him Why did Abijah minister to the Lord in burning Incense c. No he expresly saith the Priests did it How did he and the rest of the Civil State keep the charge of the Lord Surely in a way opposite to Jeroboam and the Israelite states forsaking the same as the opposition of the one to the other in the Context sheweth now this was by Authoritative commanding the setting up of corrupt Priests and injoyning the corrupt Worship and Service and inhibiting deposing and banishing the fruitfull Ministers of Gods appointing 2 Chron. 13. 9. and chap. 11. 14 15. Hos 5. 1 2. 11. compared Abija's keeping then with his Princes that charge of God was by a contrary Improvement of his Authority in establishing the matters of God and of the Church and of the Ministry thereof and the Ebrew text is Emphaticall VVe have kept 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the keeping of the Lord our God God required the highest Ruler to look to it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he keep all the words of this Law King Abijah saith we have kept the keeping of the Lord our God or the keeping of Gods Laws injoyned us by the Lord our God Now Nomothetique power in matters of the first as well as the second Table is supreme Politicall power in keeping of both Tables Ergo Nomothetique power in matters of both Tables is the Civill Rulers dignity and duty why else is the Law-giving power Indefinitely considered respecting matters of Religion or righteousness annexed by God to the Scepter or highest Civill power in a State of his own appointment Gen. 49. 10. Papists indeed generally give Nomothetique power in matters of the Church and of Religion to the Pope as the head of the Church and no wonder in that they give him Supremacy above highest Civill Rulers as Emperors or Princes other Papists give that Legislative power to the Church Representative in Synods and no wonder in that they exempt the Clergy from the secular Arm unless first degraded and delivered to them by the Pope but we that know that Church Officers and Members as that of Rome was must be subject to higher powers and that for conscience sake to the Lord who hath so Marshall'd as the Greek word beareth it them and us making them as Laws in an Army to lead us the way and according to this great Generall of the fields order Politically to choose out our way for us Job 29. 25. Rom. 13. 12. we may have learnt better things We know that when God commended his Laws about Religion at first to his People allthough he had Aaron the High Priest as well as Moses the highest Magistrate before him yet Aaron must not promulge those Laws and give them in charge Autoritatively to be kept or else in such and such cases to be corporally punished but Moses the Magistrate is chosen to be the man Manifestly shewing thereby that the care of Civill Injoyning and ordering the matters of God formerly injoyned by himself is committed by God to the chief Magistrate and to no other when Moses was dead and Aaron both God took the like course he layeth not the charge of highest Politicall keeping both tables even all his Law upon Eleazar the high Priest or upon the rest of his Bretheren with him but upon Ioshua the chief Judge and Civill Ruler Iosh 1. 7 8. R. 2. If Highest Civill power may and must root out all abusive practise yea Monuments of Religion then may they make Edicts decrees to that end with reference to Civill punishments of such as maintain or uphold them But the former is true therefore the later The proposition is evident since the Politicall Humane Law must Politically legally give force Authority to such proceedings and leave the Actors and Abettors the more inexcusable The Assumption is evident by the rule of Gods proceeding in Church-Reformations Esay 1. 25. God saith there to the Church I will partly purge away thy dross and take away all thy Tin even all Church corruptions and corrupt mixtures in Religion what course will God take for this end he saith verse 26. I will restore thy Judges as at the first and thy Counsellors as at the begining after that c. they should be then such as their first Judges were Moses Ioshua c. who were zealous that way Exod. 32. Numb 22 and such like as their first Sanhedrin of 70 Elders
Numb 11. what such Godly Rulers do God saith he doth I will take away all thy Tin 3. R. If Highest Civill Authority ought to repeal persecuting Laws respecting Religion and so free their Subjects from being any more liable to punishment in neglect thereof then may they make Laws in matters of Religion But the former is true Ergo the latter The consequence of the proposition appeareth in that it must be one and the same power to make Laws about Religion or the Church as to unmake Laws about the same or to repeal them nor can a Law be legally or regularly repealed but by a Law of Equall Authority with the Former the Assumption we have all cause thankfully to acknowledge to Gods praise in the Laws of Edward the sixt of Q. Elizabeth and of this present Parliament of England besides those of other godly Reforming States 4. R. If Civill Authority may make Laws about Religion and the Church to incourage or reward the same with Civill favours who shall observe the same then may they make Coercive Laws with reference to Civill punishments to such as transgress the same but the former is true Ergo the consequence appeareth in that it is the work of the same civill power to render praise to Publique commanded weldoing to be in a like Authorative way a terror to evill doers Rom. 13. 3. 4. the Assumption none will deny if they would It s Scripture proof witness the example of Darius the Mede Dan. 6. 26. 5. of Cyrus the first Ezera 1. 1. 2. 3. 4. 5. so of that other Darius Ezra 6. and Artaxerses Ezra 7. 5. R. If Civill Authority may not make such Lawes with reference to Civill punishments or rewards to ratefie what the Lord that way Injoyneth or forbideth in Religion it is because therein they either usurp Church-power or transgress some rule of God but they do neither thereby Ergo the Assumption is proved thus they usurp not Church-power therein because what ever the Church may do in a Church way is not now the question but to be sure the Church can make nothing like a Law in any Civill and Politicall way or with reference to Civill rewards or punishments and what rule of God they transgress is yet to be instanced in 6. R. Bcause if not alone particular Ministers but a very Synod and Assembly of the Officers of the Churches in a Religious State who in an ordinary and oderly way are to guide and lead the godly Civil Rulers and Ecclesiastically to determin what is the mind of God touching matters of Religion about which their Rulers are to make Laws if such an Assembly I say should be corrupt in the Major part of it who must Authoratatively reduce them into order not an Universall Bishop as the Pope nor an ecumenicall Counsell which is scarce Imaginable to be said now adaies Nor the Minor part of the Church Officers there met or of their Churches to whom they do belong The Minor part being in Foro externo humane the weaker and lesser force and weight and since in a Church-way they cannot do it by way of other force they must not assay it They may not use the temporall sword as they are either Churches or as Ecclesiasticall Synods Math. 26. 53. now the Civill Magistrate or none upon Earth in an orderly way must help and if the Civill Magistrate legally help and regularly then by Virtue of some State-Law provided for that purpose Yea if such a Synod should in the Major part of them make decrees flatly cross to the word of God they must make Civill Laws to make them null if not one or two but an Assembly of the Nurses of the Churches children should combine together to prison them as a very Kennell of Wolves or a company of Foxes Agree to destroy the Lambs of the Flock these Politicall Nurse-fathers Esay 25. 12. And Shepheards Mich. 7. 5. must help against such mischiefes seasonably and provide to restrain the same by holsom Laws Edicts and the like and suitable punishments executed Object Yea but Civill Authority may be Corrupt Ans True saith Reverend Mr. Beaza lib. de haereticis Magistratu puniendis For the Churches suffering for sins provoking to that Judgement and for triall for such as are godly but in the mean space saith he For fear of Tiranny to spoil the Magistrate of one Chief part of his Jurisdiction and leaving the Ordinary Remedy to look for an extraordinary one is not good with divers other passages to like purpose R. 7. Because the rule of Relates requireth that those to whom we are Politically subject as to the highest Civill power do in like sort as we are subject to them give forth Laws for our Spirituall and Ecclesiasticall good or restraint of the contrary evill as under a Civll respect and coming under their Cognizance but to highest Civill Authority are all sorts Churches Members or Officers of Churches c. even every soul to be subject in a Politicall way Therefore in the like Politicall way may they make such Laws for the Spirituall and Ecclesiasticall good of Churches and of their Officers and Members and for the restraint of the contrary evills both propositions are grounded upon Rom. 13. 1 2 3 4. Let us now briefly Answer what some may object against this Conclusion Obj. 1. We have one Law-giver in the matters of God and the Church and therefore not so many as highest Civill Courts to give us Laws that way Ans True we have one onely Law-giver who is Absolute Supreme and Infallable which alone giveth us forth Laws in matters of God or the Church Nor may any other give forth other Laws that way for substance then what he first delivereth to them Yet this hindreth not but this onely Law-giver having delivered his royall mind and will therein that other Politicall Ministers of his and whom he substituteth under him to look to it that these Laws be executed should yea and ought in their Politicall way to ratefie and promulge these Laws of their Soveraign and ours and improve their utmost power Politically to incourage such as shall Externally at lest observe the same or discourage such as shall openly and obstinately transgress the same Civill Magistrates are Earthly Gods under the God of Heaven and Earth Psal 82. and are according to God to improve all their power for God and against open scandalous sinners against him And one chief part of their power being Legislative power they are in their Politicall way to improve that power for God as well as to put forth their remunarative or vindicative power actually for God in matters of God or man of Religion or Righteousness of the first or second Table both Tables being committed to their keeping as their Politicall charge 2. God onely gave Laws to his Church in matters of God of old and was the onely Law-giver yet alowed the name of Lawgiver even in respect of Religion also to Moses
the highest Magistrate Num. 21. 18. Object True you will say he was immediately inspired by God that way and so are not others Ans Yea but this proveth that Gods being the onely Law-giver to his Church it hindreth not but that the Civill Magistrate under him and from him may and must promulge his Laws and that under penallties of Civill punishment For God inspired no other powers of old than highest Civill power to do that work Secondly though God were the onely Law-giver in matters of Religion and of the Church yet that hindreth not but that he allowed others in highest Civill Authority to make Laws and Orders and Edicts respecting Religion and that under penallty of Civill punishment Honor that Order solemnly made and ingaged unto by Asah and that Generall Assembly of the Heads and Members of that Kingdom that whosoever would not seek the Lord God of Israel should be put to death 2 Cron. 15. 13. Yet were not these immedtately inspired as was Moses Ioash also gave forth royal Edicts and made Proclamction of it concerning collections to be made for the house of God Politically ratifying and promulging a Law of Moses in substance Exod. 30. 13 14 15 16. And 2 Cron. 24. 4 5 6 7 8 9. c. Albeit David might from immediate Inspiration from God or direction from some Inspired Prophet make those Decrees and Orders about Church matters matters of Gods Worship of the Ministery of Discipline and the like mentioned 1 Chron. 16. 4 5 6 7 c. and chapter 23. 24. 24. 2. Yet Hezekiah who added his politicall Sanction to those orders he was not so inspired 2 Chron. 29. 25. God made a Law about Ministers maintainance by Tyths and the like But Hezekiah also addeth his Civill Sanction thereto 2 Chron. 31. 4. and causeth his Edict to be spread or published or promulged ver 5. The like Magistraticall power did Nehemiah put forth in making Orders about Ministers Maintainance Neh. 13. 13. and about the Sanctification of the Sabbath threatning Civill punishment to the transgressors thereof ver 19. I commanded to shut the gates and charged that they should not be opened till after the Sabbath and ver 21. he threatens to lay hands on them that shall persist to prophane the Sabbath and ver 22. he chargeth the Levites to look to the sanctification of the Sabbath and to make it appear that though God had made a Law about Sanctification of the Sabbath yet he as a chief Civill Ruler did but his duty in making Politicall Orders about the same he pleadeth with God ver 22. Remember me O my God for this It was a Politicall Order and Decree which the State of Niniveh made for that penitentiall Fasting and seeking of God Jonah 3. 7. The King caused it to be proclamed and published throughout Niniveh by the Decree of the King and his Nobles saying let neither man nor beast tast any thing let man and beast put on sackcloth and cry mightily unto God let them every one turn from his evill way c. And how well God took this see ver 10. For hereupon he repented him of the evill that he had said c. The like politicall Injunction of Fasting and Prayer by good King Jehoshaphat 2 Chron 20. And the like politicall Act in matters of Religion see in the State of Judah in Hezekiahs time who having first called a Councill of State about it 2 Chron. 32. 2. afterward they ver 5. established a Decree to make proclamation through all Israel that they should come to keep the Passeover at Ierusalem though upon just reason given ver 2. 3. it were not the very same moneth appointed in the Law of God and how acceptably God took this the sequell shewed Mordecai also having by Queen Easters means been advanced to highest Authority under Ahashuerus he maketh a solemn Law and standing Decree about solemn yearly dayes and exercises of the duties of Thanksgiving to be observed by all the Jews Est 9. 30 31 32. and he sent letters unto all the Iews c. to confirm those dayes of Purim in the times appointed according as Mordecai the Iew and Ester the Queen had injoyned them c. of which see more ver 21 22 23. and is commended for it Est 10. 3. It was a Law a coersive Law about matters of Religion under Civill penalties to those that transgressed it which Artaxerxes made Ezr. 7. 26. Whosoever will not do the Law of thy God which all know commands matters of Religion as well as Righteousness and the Law of the King respecting it commanded by God in reference to his house the Temple and Worship of it c. mentioned ver 23. let judgement be speedily executed upon him whether it be to death or to banishment or to confiscation of goods or to imprisonment And lest any should say that he did this of his own head ver 27. It s thankfully acknowledged to be of God Blessed be the Lord God of our fathers which hath put such a thing as this into the heart of the King to beautifie the house of the Lord which is at Jerusalem Darius also maketh a politicall Decree respecting Religion professed and practised by his subjects the Jews and that under penalty of Civill punishment to such as shall any way alter his Decree Ezr. 6. 11. compared with ver 8 9 10. this is recorded in his commendations That was a politicall Order and Decree made by that other Darius the Mede for which he is commended in Dan. 6. 23. It is about matters of Religion I make a Decree that in eveery dominion of my Kingdom men tremble and fear before the God of Daniel That was a coersive Decree about matters of Religion which Nebuchadnezzar made under the penalty of Civill punishment and he is commended for it Dan. 3. 28 29. Blessed be the God of Shadrach Meshach and Abednego who hath sent his Angell and delivered his servants that trusted in him c. And therefore I make a Decree that every People Nation and Language which speak any thing amiss against the God of Shadrach Meshach and Abednego shall be cut in pieces and their houses be made a dunghill because there is no other God that can deliver after this sort So that the Conclusion is but further strengthened by this Argument That which the Lord himself hath either put higher Civill powers upon or hath owned or commended either in such as were within or without the Church in so doing that must needs be according unto the Mind and Word of God But the exercise of Legislative power by higher Civil powers about matters of Religion yea and that in a coersive way and under Civill penalties is that which God hath put into the hearts of such higher powers or hath owned and commended in them as the Instances before do declare therefore the use of Legislative power by Civill power about matters of Religion yea in a coersive
way it is according to the Mind and Word of God And this now sayd may help also to take off another Objection Obj. 2. Some object That then Heathen Kings as they are Civill Magistrates have right to make Laws about matters of Religion and of the Church although not able to doe it not knowing the Matters of God or of Churches and not Members of the Church and so not censurable by the Church which were to make a King-Pope to give out Laws to the Church and not to be censured by the Church Ans 1. We especially intend the Conclusion of a Magistrate regulated according to the rules of the Word of God whose Minister he is and so the Civill Magistrate is no Heathen or Ignorant of Religion or out of the Church If he be otherwise it is his sin that way See more pag. 48. 2. Although the Civill Magistrate fail in that part of his duty that he knoweth not the Lord who girdeth him with that Princely girdle yet that sin in that particular doth not wholly Is 45. 1. 4. 5. excuse another sin of omission of another duty namely Authoritatively to keep the first second third or fourth Commandement Rulers may be Ignorant of many matters of the second Table and disabled so far from making good coersive Laws about them yet both are sins of omission In both he hath a right essentially and actu primo but in respect to the execution of that Nomothetique right in reference to matters of the first or second Table he hath that power virtually onely 3. Heathen Kings not of the Church and not censurable by the Church may give out Laws to the Churches under their jurisdiction touching matters of Righteousness and Honesty yet that maketh them not King-Popes no more doth the other Nebuchadnezzar might as commendably make a coerfive Law upon civill penalty against the Jewish Church Officers or Members under his jurisdiction as execute any such corporall punishment upon them both for false Doctrines vented by them under pretence of Gods name a sin against the first Table as also for committing Adultery for a Law made that way doth leave the subject more inexcusable and had been no other than a politicall Legislative Sanction of the Laws of God whose Minister considered as a civill Magistrate he was the Lord himself by law having made such sins capitall Deut. 13. 5. Lev. 20. 10. Now that exemplary act of Justice in Nebuchadnezzar upon a member of the Jewish church under his jurisdiction as well for false Doctrine as for Adultery is renowned and a form of Imprecation thence borrowed Ier. 29. 22 23. The Lord make thee like Zedekiah and like Ahab whom the King of Babylon rosted in the fire because they committed adultery with their neighbours wives and have spoken lying words in my name which I commanded them not even I know and am a witness saith the Lord. 4. When Heathen Kings come to know their duty in matters of the first or second Table and accordingly they establish Laws about Religion they doe it not now by any new right when Christians and knowing Christ no more than a Parent becoming Christian and knowing Christ giveth out parentall commands to his children with respect to bodily corrections if they do not such and such Religious duties doth this by any new Parentall right which he had not intrinsically when Pagan The case is alike in those Fathers of the Common-wealth 5. Heathen Kings whilst Heathen may and must make Laws about the matters of God and his Religion so far as their right guiding light extendeth else should they hold the truth of God in unrighteousness now it s certainer that they whilst Heathen have or may have much light so as to see into matters of the true God and of his Religion 1. By the light of Nature Heathens know and have known that there is a God that he is one God that he hath made all men as his Offspring that he is to be worshipped according to his spirituall nature that he is to be called upon that he is not to be blasphemed nor belyed nor called to witness in a false thing that images of him are not to be made that men are not to take his name in vain by rash or false Oaths that some time is to be set apart for his Worship and the like Rom. 2. 14 15. By the work of the Law within their hearts many things contained in the Law may be and have been done 2. The light of Gods Works both of Creation and Providence may help them much this way Rom. 1. 18 19 20. see more Ezek. 36. 23. 36. 38. 16. 39. 21. 28. The notable Providence of God rescuing by his Angel Shadrach Meshach and Abednego from Nebuchadnezzars fury for not worshiping his Idoll of gold made him make that coersive Law mentioned Dan. 3. 28 29. Therefore I make a Decree that whosoever shall speak amiss of the God of Shadrach c. shall he cut in pieces c. 3. They may have some common light of the Spirit that way communicated by means of some of their godly subjects whence such expressions of that Darius mentioned in Ezra 6. 10 12. and no wonder then he make that penall Decree ver 11. Also I have made a Decree that whosoever shall alter this word let timber be pulled down from his house and being set up let him be hanged thereon and let his house be made a Dunghill 4. None will deny to Pagan Princes a right of Authoritative praising and incouragement of such as doe well in regard of duties either of the first or second Table to which also God in speciall wise stirred up the spirit of Cyrus the first Ezra 1. 1 2 3 4. Though he knew not the Lord savingly then Isaiah 45. 4. 44. 28. compared And why shall not Heathen Rulers have a right with like latitude of respect to first or second Table to be a terror to evill doers by making coersive Laws for that end so far at least as their right guided light extendeth yea we have shewed before divers of them are in Scripture commended for this So that the truth hereby is further strengthened thus That which Heathen States Kings and Princes remaining Heathen have done and been commended in Scripture for doing it as Princes or higher Civill powers that must needs be essentiall to them as higher Civill powers and imitable by others in like Civill power but as hath been formerly declared such use of Legislative power by Heathen Higher powers as Higher powers making coercive Decrees in matters of the Religion of the true God hath been commended in Scripture therefore such use of the Civill Legislative power is essentiall even to Heathen Rulers and imitable by all others in like Civill power Obj. 3. God hath left others to Govern and Feed his Church 1 Cor. 12. 28. Eph. 4. 8 11 12 13. who must give an account of their soules And the
Civill Magistrate is not among those Officers which Christ hath left to edifie his Church nor is he a Preacher or Expositor of the Scriptures What should the Civill Magistrate doe governing them or seeking to edifie them or expound Scriptures to them by such Law-making in matters of Religion or of the Church Ans 1. Church Governours are in an Ecclesiasticall way to watch over and censure Church members for matters of the second Table as well as those of the first Table and by this Argument therefore Civill Rulers may not watch over govern and censure Church Members in matters of the second Table neither because there are others by Office to doe it Ecclesiastically and he is not reckoned among them 2. Civill Magistrates as well as Church Officers are Rulers Elders Watchmen Shepheards over Gods people and flock and therefore in a Politicall way are to rule over watch over yea to feed the people of God and to hold forth the same by their wholsom Laws and Executions in matters respecting both Tables 3. The Magistrates end being matters of Piety as well as Honesty 1 Tim. 2. 1 2. And he being a Minister of God even to Gentile Churches Officers and Members for their good and so most of all for their best Spiritual good as externally held forth helped exercised or expressed Rom. 13. 4. and being charged with the things of God and the Church 2 Chron. 13. 10 11. he is in his politicall way to attend his charge to look to the externall fulfilling of it at least yea in so far is he charged as a politicall Father and Shepheard with his incharged or Christian subjects as his politicall children and flock commited to him Ezek. 34. 9 10. I will require my sheep at the Shepheards hands the Princes as well as the Priests hence the sins of Church Members in Church matters are charged upon their Civill Rulers as their sins when the people neglect their Ministers Nehemiah 13. 10. he chid the Rulers ver 11. saying why is the house of God forsaken when there was such buying and selling upon the Sabbath ver 15 16. Nehemiah saith ver 17. Then I contended with the Nobles of Judah and said unto them what evill thing is this that ye do and prophane the Sabbath 4. Their Laws are not Ecclesiasticall expositions of Scripture but the mind of God in the Scriptures being in ordinary and orderly way first sought and had from the body of the ablest and best guides and lights in the Churches in their Jurisdiction conclusively declaring the Law and rule of God touching the question their Laws about matters of Religion are Civill Sanctions under Civill rewards or punishments of such Laws of God so declared and commended to them And by the execution of such Politicall Laws others may and should be edified honour and fear and learn to do no more so wickedly Deut. 13. 10 11. Some delinquents themselves even some false teachers shall acknowledge as much thus was I wounded in the house of my friends Zac. 13. 4 5 6. 4. Object The Church hath sufficient power to attain her ends within her self what need Civill coercive power in matters of the Church Ans 1. The Church hath that power in matters also of the second Table sufficient to attain its ends offending Members therein yet none will therefore make Civill coercive power in such matters needless 2. The State as well as Church is injured by witchcraft by perjury by schism and other sins against the first Table and notwithstanding the Churches power Ecclesiastically to attain her ends the State must have its defensiue and vindicative power Politically to attain its ends too the good of safety and peace of the Subjects and so both perfect within their own Spears 3. When the Church hath gone to her utmost extent of power in casting out Blasphemers Seducers Perjured persons Scismaticks c. yet they may do more hurt in Church and Common-wealth than before unless Civill coercive power help The Church may attain her ends in an Ecclesiastiall way and yet the Civill State not hindred of attaining its ends in a Politicall way but both polities be reciprocally helpfull to each other The Civill polity ratifying the Churches cases by Civill Laws and punishments the Ecclesiasticall polity lending help to State and Common-wealth cases by declaring the Laws and rules of God and by reasonable administration of Church censures upon her delinquent Members Conc. 2. That in matters of Religion which are doubtfull and not so directly plainly and expresly laid down in the word Civill Authority in purer times of the Church must call for the Counsell of the Churches at least of the Officers of the Churches under their Jurisdiction who are most faithfull and able to give Counsell therein and they are bound in conscience to follow what they according to God do clear up to be his mind in all such matters of weight about which they do inquire not alone as that which such a Synod or Assembly of Church Officers do determine that way is for the matter of it according to God but as it is given in the way of an Ordinance Namely of the Counsell of a Synod of the Officers and Ministers of the Churches whereof they as regulated Magistrates are Members Whose Counsells unto them are Ecclesiastically Authoritative Counsells And herein also Godly Rulers do lick the dust of the Churches feet in attending faithfully to the well grounded Counsells of their Pastors not alone distributively given in their respective Churches but collectively also when joyntly delivered in a Synod Herein also Church power Ministreth help to the Common-wealth Ecclesiastically as the Common-wealth administreth help to the Churches Civilly in exerting its Politicall power in framing Civill Laws answerably to their Counsells Deut. 18. to 13. The Counsell and sentence of the Priest or Councill and Assembly of Priests delivering the mind of God in doubtfull matters was to be required and followed Joshua the chief Magistrate must stand before Eleazar the Priest who should ask Counsell after the Judgement of Urim and according to his word from the Lord they were to go out and in Num. 27. 21. Hence Iehoshaphat according to that Law for that end Deu. 17. 89 10. Placeth at Ierusalem some of the Priests and Levites and chief Fathers of Israel to be for the Judgement of the Lord and for controversie not meerly in point of doubtfull actions as between blood and blood 2 Cron. 19. 10. But in point of doubtfull rules according to which Civill decreees and sentences also were to be regulated causes between Law and Commandement Statutes and Judgements Onely that Councill is limited to Gods word they must still warn them that none Trespass against the Lord. True it is something peculiarly Jewish was in this whence that Law of Capitall punishment to such as presumptuously disobeyed their sentence Deut. 17. 12. But there is something also for our learning and instruction held forth therein not alone
respecting Christ our blessed Prophet and high Priest and Counsellor Esay 9. 6. Which Prophet whosoever shall not hear shall be destroyed from his People Acts 3. 22 23. But respecting the Ministers of the Churches of the Gospel from whom the mind and sentence of God in controversall cases is to be sought by all sorts and being found is to be followed by all sorts whence that by allusion to the Priests under the Law yet respecting the time of the Gospell Ezek. 44. 23 24. And the id est the Priests shal teach my People id est Members of Churches whether Civill Rulers or Subjects the difference between the clean and unclean and cause men to discern between clean and unclean And in controversie they shall stand in Iudgement and they shall Iudge it onely with this limitation According to my Iudgements where by Judging he intendeth the Ecclesiasticall Judging which appertaineth to Church-Officers and not a Civill and Politicall Judging which is peculiar to the Civill Magistrate of which more anon Conc. 3. That Civill rulers are to call upon the Ministers of the Churches under their Jurisdiction to expound the whole Counsell of God to their people especially about such matters of Religion or of the Church as they are by Law to Establish Hence that Act of Iehoshaphat sending abroad the Priests and Levites to teach those Cities the mind and Counsell of God what was according or repugnant thereunto before he sent out Civill Judges to deal in their Judiciall way with them concerning matters of that nature 2 Chron 17. 7 8 9. compared with Chapter 19. 4 5 6. Conc. 4. That in all matters of Religion or of the Church the Laws which Civill Authority do establish they must establish them by and with the consent of the people either in themselves or their representatives this strengthning their Politicall Laws that they bind Scientes Volentes As Asah willing to make a binding Capitall Law about Religion by his Authority he summoneth the people with whose consent it is made 2 Chron. 15. 9. He gathered all Judah and Benjamin c. and they decreed that vers 13. That whosoever would not seek the Lord should be slain So Jonah 3. 4. It s said the people believed the Lord and proclaimed a Fast but vers 7. that business of the decree for the Fast is applied to the King as his Act by the consent of the Nobles or chief heads of the people and so representing the people by the light and Law of Nature these Pagan Ninevites learned this to be an orderly way of making such like decrees in such like matters of Religion it self whence also was that course taken in the case of a coercive Law to be made about a business of Religious worship for the matter of it allthough in the form of that worship to be decreed of it were devilish It is to be made by the representative Estates of the Persian Kingdom which being a Kingdom was then to be established by the King Dan. 6. 7 8 9 The rulers of thy Kingdom the Officers and Governors the Counsellors and Dukes have consulted together to make a decree for the King and to establish a Statute that whosoever shall ask a petition of any God or man for thirty dais save of thee O King he shall be cast into the Den of Lions Now O King confirm the decree c. When Iehoshaphat was to make that Order about the particular matter of Religion He consulteth with the people 2 Chron. 20. 21. And When he had consulted with the people he appointed singers unto the Lord and that should praise the beauty of holiness as they went before the Army and to say Praise ye the Lord for his mercy indureth for ever Which may serve to take off that offence of some against politicall Laws to be made this way because it will be a forcing of Christian people in matters of Religion since the Laws which are made that way are virtually and interpretatively made with their own free consent As made either by their own free consent personally if not too great a body to be ordinarily called together in one Assembly or at least by their own free consent in their Representatives where the body of the people eannot ordinarily be called together to debate such matters or express personall consent to the Laws which Civill Authority do make about matters of Religion or of the Church which are in themselves doubtfull and not meerly made so by mens wiles and Satans sleights They must be made with great latitude and tender respects to such as are really and truly tender in conscience even Politicall â—hepheards must not over-drive their Flock and such Lambs would be carried in their armes A fourth instruction from the Premises if Civill Authority are so to restrain and punish such matters then are they in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not Else shall they sin in a high degree in censuring Politically that as contrary to the word of which they have no right nor power to determine politically either one way or other Job who was a right godly man Job 1. 1. and a man of chief Civill rule in this Country as chap. 29. 7. he had a chief place in the Gate in the seat of Judgement verse 9 even Princes kept silence when he was to speak He Judicially delivered the Fatherlesse verse 12. Brake the Laws of the wicked verse 17. and verse 25. I chose out or as the Geneva Translation hath it I appointed out their way and sate as a King in an army as the Generall of the Field hath with his Councill of War being the highest Military power chief Military Judgement both what Military Orders to make about the common Souldiery and what courses are most advantageous or disadvantageous to the good of the whole or what acts of the Souldery are to be punished or contrariwise incouraged and what particular rewards or punishments such or such particular facts of the Souldiery deserve in way of subordination and conformity unto the Laws of that higher Civil power whose Military Ministers they are so have highest Civill Authority in religious States the like highest politicall Judgement what acts of the outward man respecting Religion are to be incouraged or discouraged in their subjects and in what way and what orders to make for that end so as in way of general conformity and subordination to the Laws of God and Christ whose Ministers they are and so as may be warranted from the Word of God either expresly or by just consequence Job did not leave every one under his authority to chuse what way themselves pleased or judged the best either in matters of Religion or of Righteousness but he in his authoritative politicall way determined that for them he appointed and chose out their way Nor doth he mention this as any injustice in
Morall part of it He is then a politicall Judge of that which is or which is not according to the Word in the latter and why not upon like grounds in the former both being equall in this that they are both Gods Tables Mat. 22. 38 39. the second is like to this saith Christ As Gods Tables they are the Magistrates charge from God R. 2. Because supposing Churches in their Messengers met in an assembly to debate of matters of Religion and in particular of the matters of the Church and the Civill Magistrate after their debates and determinations thereof as according to the Word be desired to establish their Determinations for Laws now must the Civill regulate Magistrate either examine and censure such Conclusions of the Synod whether they are or are not Scripture proof before he doe politically establish them for Laws and so he is a politicall Judge what is or what is not according to the Word or he is not at all to meddle thus to try and judge of such Decrees whether according to the Word or not but to establish them at random and at a peradventure upon a bare supposall of the Synods fidelity which is to establish implicite faith and to make the Civill Magistrate according to Popish doctrine a servant to Councils which would make Princes have no light but as the Moon what they borrow from the Sun either of their representative Church or of the Catholick Church of Rome or of the Head thereof the Pope yea this were to deny to the regulated and so to the godly Magistrate in his publique way what is recorded as a commended duty in private Christians and what is plainly commanded them of God in their private way namely to try all things and to hold fast that which is good 1 Thes 5. 21. yea though delivered by such a one as Paul an Apostle yet to search the Scriptures dayly whether those things were so Acts 17. 11 12. Yea but it may be the Civill Magistrate will judge that the Decrees are not according to the Word when indeed they are and proceed to punish such as had a hand even in such Conclusions because he judgeth them cross to the Word Ans 1. The regulate Magistrate of whom we speak who studieth the Word day and night is godly wise c. hath Gods warrant for it as possible and ordinary to him as subject and faithful to the Head that a divine sentence is in the Kings lips his mouth Deut. 17. Psal 2. Pro. 16. 10 transgresseth not in judgement and that Princes shall rule in judgement Esay 32. 1. 2. If transgressing his Rules and leaving his Guides and Counsellors God his Spirit Word and Servants he will follow a corrupt and misguided judgement or will of his own or others he lyeth open as to divine judgments so to humane censures allso whether from the body of the Commonwealth orderly assembled or represented or the like and in case of obstinate persisting in any such publique and palpable breaches of the Lords Rules the particular Churches whereof either such highest or inferiour Magistrates are they have their Church way of censuring and healing such offending brethren of theirs R. 3. If the Magistrate as a publique politicall Nurse-father to the Church be to rescue the Church from noysom milk provided for the Church of Beleevers by such as should be Nurses yea though met in a Synod and decreeing it to be the Word then is he politically to judge what is or what is not according to the Word yea in case wherein others judge the contrary but the former is true as Is 49. 22. sheweth ergo the latter The consequence if to rescue from such food then to judge of it is evident for if he may not or cannot judge it to be corrupt food how can he rescue the Church from such food as is corrupt R. 4. If the Magistrate as the publique keeper of the peace of the Commonwealth as all grant him to be is to punish the disturbers of it when some pretending grosser errors in the contrary party do carry it schismatically then is he to be politicall Judge in matters of Religion as say in Christian Commonwealths Assemblies or Synods there should be rents amongst those they call Independents among themselves or those they call Presbyterians amongst themselves differing upon some points amongst themselves and both sides violently carryed in their apprehensions and both sides pleading Scriptures both for what they hold and for what they doe thus violently in pursuit of what they hold the Magistrate now o none must be a politicall Judge and helpless like careless Gallio when even insurrections are made amongst the Religious party as were the Iews upon pretence of false doctrine held forth in matters of divine worship by an adverse party as was Paul and his companions the Civill Magistrate must think it reason to Iudge onely in matters of injuries twixt man and man or the like but by no means to be a Judge in any such matters of the worship of God For I will be saith Gallio no Iudge of such matters Acts 18. 13 14 15 16 17. But who seeth not that this is recorded as a blemish in that careless deputy of Achaia Yea but the Churches may call their respective Members or Officers to an account for such outrages and as cause is censure them Ans It s possible the schism and Rent may be such that the Major part of the Church or Churches may be the corrupter part and the Minor part too weak to carry it in a Church-way against them Bue if the Churches had strength to carry it against the respective delinquent Members yet the Churches Iudgement is onely Ecclesiasticall and the means of prosecution of its Iudgement onely Ecclesiasticall the Church cannot Iudge Civilly or use Civill and politicall means to prosecute such a Iudgement to effect and so cannot heal breaches of the Civill peace made by such outrages Yea but the Magistrate should call the sincerer part to meet again though the Minor part Ans If he do yet he must be supposed to Judge which is the sincerer part how else knoweth he whom he should call together as the sincerer part and if he politically Judge and act Magistratically from his politicall Judgement in calling that sincerer part together and the Magistrate siding with the Minor part as politically Judging them the sincerer part and politically condemning the erring part although the Major part and although pleading Scripture also both for what they hold and do in violent prosecution thereof Now the Civill Magistrate doth both politically Judge what doctrines and practices are or are not according to the word of God yea he herein doth politically Iudge the usuall and ordinary Ecclesiasticall Iudge either in a Church or Synod Namely the Major part 5. R. If the Civill Magistrate be to punish transgressors of the Law indefinitely and to take vengeance upon open evill doers then even upon erring
Synods also for any hereticall decrees of theirs tending to hurt the State or disturb the Christian societies under his charge and if so then he is in a politicall way to Iudge in matters of Christ and of his Church But the former is true Ergo the latter But is not this to make the Civill Magistrate a Pope Ans No he is by duty tyed to his rule the word and to Iudge according to that Yea but he may erre and the Synod be in the right Ans He may so and so may Ecumenicall Synods erre yet many make them the highest Ecclesiasticall Iudge so here possibility of erring hinders not but that the Civill Magistrate and highest Civil Authority in a State or Commonwealth should be the highest politicall Iudge For standum est in aliquo primo If erring Churches should Ecclesiastically censure godly Rulers for righteous politicall Iudging or censures there is no higher Church Court or Iuridicall Iudge If erring Rulers and highest Civill Courts politically censure the Churches met in their messengers in a Synod for their Godly determinations there or if they censure particular Churches for any righteons censures of offending members at home there is no higher Court or Iudge than the highest in that kind Object The same power that maketh Church Canons must define them and Iudge of them The Synod not the Civill Magistrate maketh Church Canons Ergo the Synod not the Magistrate must define and Iudge of them Ans If this whole argument were granted Yet this hinders not but that the Civill Magistrate may both make Laws about the Church and Church matters in a politicall way and in the like way Iudge of such matters albeit he may make no Laws Formally Ecclesiasticall Nor is his Magistraticall Iudgement as such an Ecclesiasticall Iudgement So that this rather confirmeth the conclusion in hand thus Such as may make politicall Laws about Religion or the Church they may politically also define and Iudge of matters respecting the same but the Civill Magistrate and higher Civill powers may do the former as hath been proved Ergo they may do the latter Object He may say some deny his Civill Sanction to the Synods erring Canons albeit he make no penall Laws that way Ans Even this also suffiseth to make him politicall determiminer and Iudge in such matters yea to make him politicall Iudge of such which dogmatically are the highest Ecclesiasticall Iudges surely he must Iudge the Synods Canons to be erring if he be allowed to deny his Civill Sanction to them as erring Object But the regulated Civill Magistrate being by duty a Member of the Church he hath covenanted subjection to the Church and to the Elders of it Ergo he is bound to own their determinations of things in controversie according to the word else as an offending Brother is he liable to be dealt with in a Church-way Ans It is true supposing they judge according to Christs judgement in the words He that hearreth you beareth me and he that despiseth you despiseth me and so as a covenanted Member Luk. 10. 16. he is bound to hear them and if he by gross contempt of their Counsells when according to Christ do give them offence they may by all good meanes seek to convince such an offending brother and in case he hear not bring it to the Church of which this or that Magistrate is a member and if he hear not the Church he may be cast out of the Church Math. 18. Yet secondly this hindereth not but that that Civill Magistrate is a politicall Judge of others pastorall Judgements whether indeed according to the word before he do establish any conclusions of theirs for Politicall lawes Thirdly Nor doth this warrant any Church to proceed against any Civill Ruler whatsoever for rejecting their erroneous determinations but that it being clavis errans it is an abuse of Church power and bindeth not before God Nor is that What yee bind on earth is bound in heaven verified in the abuse but right use of the power of the keyes whence Christs owning of him whom the Synagogue cast out Joh. 9. 35 Luk. 6. 21 37. 28. 39. Hence a blessing pronounced to some unjustly censured Fourthly Nor doth this hinder but that Civill Authority may and must politically judge of the errors of Synodicall determinations and censure civilly such as make them To shut up all that we would say to what is thus objected In case of a right administration the Civill Magistrate in duty subjecteth his Memberly Judgement to his Pastors ministeriall Judgement but in case of Aberration he may not deliver up to any the supremacy of his Politicall Judgement They herc conclude right who say that neither the Civill Magistrates Politicall Judgement is a certain rule either to Synods or Churches Judgements nor is their Ecclesiasticall Judgement an infallible rule to his Politicall Judgement but the revealed word is the onely infallible rule to both Leaving then to either the supremacy of their severall Judgements to the former Politicall to the latter Ecclesiasticall the Magistrate as a Magistrate cannot define ecclesiastically with reference to Church censures in refusall of such determinations of his the Church as a Church cannot define Politically with reference to Civill rewards and punishments Ob. It may seem that each particular Christian subject is to judge rather what is or what is not according to the word because they are to obey those edicts none are to yield blind obedience to obey this or that Politicall law concerning Religion or the Church as in this or that particular according to God because others Judge so but because himself judgeth so a mans own Judgment is to him his own immediate personal Judge of what he is to act or forbear let every man be fully perswaded in his mind and whatsoever is not of faith is sin And the Contrary Rom. 14. tenent making Civill powers highest earthly Judges what particular things are contrary to the word were a way to open a gap to most bloody persecutions without redress since they may Judge that to be contrary to the word which is not And it were a way to justify the Civill acts and Ecclesiasticall too of Popish governments whereby they have made and executed fiery lawes against the Saints for Heresie as judging it to be Heresie and deserving the Faggot as in the Mariau dayes Ans 1. Be it that a Christian be his own next Judge of what he is to do or not as he is a Christian and in reference to his inward Peace or the breach of it nor is he to pin his personall Judgement of matters of Christ or of his Church upon any others Judgement meerly or chiefly but though he have his particular Iudgement as a private Christian in a Christian way yet that hinders not but that the Civil Magistrate hath his publique Political Judgement in reference to Civill rewards and punishments of what is or is not to be expressed and
acted by the outward man of each Member of the State as he is a Member of the State and as his act reflecteth upon the Civill State or its peace and good no more than the same priviledge of private Judging hindereth the Church to Iudge Ecclesiastically of what a Member as a Member of the Church is to do or not to do or hath done amiss as his act doth concern or reflect upon the Church Secondly If because each one as a Christian is in a private way to Iudge of his own act the Magistrate Legislatively and Iuridically may not determine in his Politicall way that any thing is duty or not in matters of Religion unless according to such particular Christians Iudgements then it is unlikely if not impossible that any law about Religion should be made or any politicall determination thereof given since some will be of different minds yea about fundamentalls as for example some will Iudge the Pope to be head of the Church some that Christ is not very God some that he is not very man some will hold such Incouragements to well doers should be given others will differ from them yea the like will follow in matters of the second table upon like grounds Christians therein also are to follow their own Iudgements and not other mens and whatsoever in such matters also is not of faith is sin therefore it must not be Politically determined that lying with another man wife is sin or to be punished at all by State or Church since some Iudge a community of the use of the bodies of Sisters at least to be lawfull nor must the taking away of others goods or cattell from them for others use be Politically determined or punished as evill since sundry Christians Iudge a community of such things also to be good nor must the taking away of Heretique-princes lives by Assassinates be Politically determined and punished as evill since Christians of Popish Iudgements think it a meritorious act Thirdly Then could not it not be orderly determined no not 2 Chron. 15. 13. with consent of the body of the people that such as would not seek the Lord should be put to death since sundry might judge it too harsh yea in determining thereof they implied that some would be of another mind ly open to that censure yet it s recorded to their honour that they did so Exo. 34. 1 2 3 4. These are thy Gods O Israel that brought thee out of Egypt that was their Iudgement yet Moses Politically determining otherwise of it as punishable with death ver 26 27 28 29. did well in it Ob. True you will say but the Israelites erred in either thinking or speaking so Ans Yea they did so but say we that was their particular Iudgment though erring and they as well as we must walk in the light of their own judgements and not of any others if the objection be right and therefore according to the objectors mind should not have been accused or punished Fourthly Then all Ecclesiasticall Judging of men in matters of Religion which in Iudgement and Conscience though erring men hold forth is cut off and why then did Paul wish that those should bear their Judgement Gal. 5. 10 11. since many of them held no more than what they Judged to be right Fiftly Then such mens Iudgements at least are not to be a rule to the Christian Magistrates Iudgement but as he is perswaded in his heart he also as any other Christian must do If he can make it a matter of his faith it is no sin in him Politically to Iudge what is or what is not according to the word or accordingly to be civilly punished or praised in Members of the Civil State when expressed in such sort by the outward man as it meerly concerneth the State or reflecteth upon it and this in matters of both tables and what then is gained Nay by this indefinite principle in the objection much would be lost if the Civil Christian Magistrate and State be in mind perswaded and do verily Judge that the bread in the Sacrament is turned into the very flesh of Christ that whosoever holdeth forth the contrary shall be burned at a stake must they not do whatsoever they are perswaded in their minds and if of faith to them then not fin to them to do it according to the bottom of the objection Nay but you will say their perswasion must be rightly founded upon the word which is the object of faith else it is not right Ans Very good and in that meaning your objection is no objection unless better warrant be shewed from the word why each mans Judgement is so to be his own guide that as a Member of the Civill State his Judgement also is not in a Politicall way to be ordered by the Politicall determinations of regulated Civill Authority As for the sequels urged persecution or justifying of persecutors thereby they are urged from that which is not a proper cause as if it were a cause It is not the use of such a power of Judging in regulated Civill Authority that causeth persecution for matters of the first table more than tyranny in matters of the second table but the Abuse of that power rather from the abuse of a lawfull power or privilege to reason against the use thereof is not right or regular Churches also may abuse their power and persecute a Saint of God by a wicked determination and answerable censure in a matter of God or the Church but that doth not therefore hinder but that the Church is highest Ecclesiasticall Judge in such matters The last instruction from the premises If abuses in Religion are thus to be restrained and punished by regulated Authority then are not persons in an ordinary way to be left by regulated Civill Authority to the liberty of their own judgements or consciences to profess or practise in matters of Religion according as their severall minds and spirits yea though seduced and erring shall think meet no though those persons profess the Christian Religion and the fundamentals at least thereof For the better clearing of this weighty Conclusion so many wayes opposed now adayes we shall first propound some distinctions about it and so the better state the Conclusion 1. Then let us distinguish of Liberty which according to Scripture grounds is either lawfull and regulate liberty or a liberty that is sinfull lawless and boundless Lawfull liberty is either that which is of a more civill or spirituall or mixt nature 1. That of a more civill nature is either oeconomicall or politicall properly such oeconomicall as that of servants Ex. 21. 11. Jer. 34. 10. or that of wives Rom. 7. 3. 1 Cor. 7. 36. Politicall properly such whether more generall as that of a free denison of a State or of more speciall privilege as freedom from taxes Act. 22. 28. Math. 27. 26. 1 Sam. 17. 21. Ezr. 7. 24. from going to war Deut.
who must say why doe you thus unclean practises respecting the flesh may be punished but unclean spirits and doctrines must be suffered in the Land they would not have such as rob and spoyl others of their goods escape but it s no matter what havock any make of Church Ordinances Privileges and Liberties by any Tenents of theirs If they rob us of the Law and the Prophets and take away a great part of the holy Scriptures which was all given by Divine Inspiration and is profitable for Doctrine for Reproof for Isa 49. 23. 3. 7. Rom. 13. 3 4. Correction for Instruction in Righteousness or if they plunder and strip us of the office Political power and care of the Churches Civil Nurse-fathers Physicians and Shepherds for their best good none must punish them for such like outrages And if at a dead lift Magistratical power be with much ado permitted to come within the range and reach of the first Table yet they will have it under so short a tether and lay such strong chains and heavy bolts upon it that it s there rather as in its prison than any way as in its privileged place they shall be permitted to punish Witches Sorcerers and Inchanters else say they what mischiefs will befal our Estates Families and Bodies But as for those good those white Witches that out of pretence of conscience bewitch souls Gal. 3. 1 c. to death by their inchanting doctrines let not Civil powers meddle with them Men of our times will not speak these in so many words but in their tenents and practises they speak in effect as much But good Reader be thou ware of such false Prophets that come in sheeps clothing will carry it towards thee as fruitful and Matth. 7. 15. spiritual Christians as humble meek gentle harmless self-denying mortified persons for a season till they have attained their ends will tell thee it is new light what the Spirit revealeth to them it is the tenderness of their consciences which maketh them scruple such and such things which others have long held c. And all this while they are inwardly ravening wolves I hope pious Reader I speak to one who yet hath an ear open to hear what may be spoken in the defence of that truth so much questioned and opposed now adays That the Lord hath not left Christian regulated Civil Commonwealths without their respective ways of Authoritative Redress of such like mischiefs in Religion for which end read and consider in thy retiring hours and times this little Treatise and the Lord give thee understanding in all things Thine in Christ Jesus Tho. Cobbet The Method and scope of the ensuing Discourse concerning the Civill Magistrates Power in matters of RELIGION By way of Introduction THe example of our Head Jesus Christ Iohn 2. 13. ad 17. who made it one of his first works to reform matters amiss in Religion is opened and applyed in many pious and seasonable observations pag. 1. ad 6. That this act of Christ is presidentiall and imitable according to the judgements of the Godly Learned Pareus Bullinger Tossanus Marlorate Dyke Ainsworth Musculus Suecanus and Beza pag. 6. ad 9. 2. Objections answered pag. 9. ad 12. The Thesis and Position propounded to be cleared is this That Corruptions in Religion outwardly breaking forth and expressed may yea and must be restrained and punished by such as are thereunto called pag. 12. In handling whereof the Author first propoundeth some 1. Distinctions pag. 12. 2. Some Conclusions about it are laid down 1. Negatively what may not bee done this way pag. 13. ad 16. 2. Positively what may and must pag. 16 3. The main Assertion is explained pag. 16 17. And proved by Seven Reasons grounded upon Scriptures pag. 17. ad 34. Five Corollaries or Instructions drawn from the Premises 1. The first is by way of Refutation and Answer to sundry Objections tending to undermine the Cocrcive Power of the Civill Magistrate in matters of Religion pag. 35. ad 46. 2. The second Instruction chargeth Rulers with the Duty of Endeavoring the exact knowledge of Gods law word and rules pag. 46. 3. The Third Instruction or inference from the premises That then the Highest Civill Authority are to make Coercive Lawes about matters of Religion pag. 46. Touching this particular The Author distinguisheth 1. Of Civill Magistrates pag. 47 48. 2. Of Kingdomes or Commonwealths in which they rule pag. 49. 3. Of Legislative power in matters of Religion p. 49. 4. Of Lawes about Religion pag. 50. Conclusions are laid down about this weighty matter 1. Negatively pag. 51. ad 54. where it is proved that humane laws formally and as such cannot bind the conscience 2. Positively Positive Conclusions about this Nomothetique power are sour 1. That Politicall Laws properly such may be made about matters of Religion pag. 54. This Conclusion is confirmed by seven Reasons pag. 54. ad 58. 4. Objections against this Conclusion are answered pag. 58. ad 67 2. Conclusion That in doubtfull matters Ecclesiasticall Assemblies are to bee called whose Counsels unto the Magistrate are Ecclesiastically Authoritative pag. 67. 3. Conclusion Civill Magistrates are to call upon Ministers to expound the whole Counsell of God pag. 68. 4. Conclusion Civill Authority must establish their Lawes with the consent of their people or their representatives p. 68. 4. A fourth Instruction from the Premises Then are the Civil Authority in their Politicall way to Judge which things acted by the outward man in cases of Religion are contrary to the word and which are not pag. 70. For further clearing of this from all gainsayers 1. Some distinctions are laid down pag. 71. 72. 2. The Conclusion is stated and cautioned pag. 73. 3. Five Reasons for proof thereof and the Objections against them answered pag. 73. ad 82. 5. The last instruction from the premises Then are not persons to be left to the liberty of their own Judgements or consciences pag. 82. For the better clearing of this weighty Conclusion so many waies opposed now adayes 1. Some distinctions about it are propounded and Rom. 14. 3. c. cleared pag. 82. ad 86. 2. The Conclusion is stated against a set fixed Toleration and proved by 10. Reasons from Scripture all which are vindicated from the severall Objections against them pag. 86. ad fin Errata In the Epistle Dedicatory pag. 4. line first adde cor pag. 29. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 32. for 1 John 14. 1. read 1 John 1. 14. This Treatise concerning the Christian Magistrates Power and the exerting thereof in and about matters of Religion written with much zeal and judgement by Mr. Cobbet of New-England I doe allow to be Printed as being very profitable for these times Feb. 7th 1652. OBADIAH SEDGWICK A Discourse concerning the Nature and Latitude of Civil Powers in matters of Religion IF