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A79995 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-Island, physician. By Thomas Cobbet teacher of the church at Lynne in New-England. 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. Cobbet, Thomas, 1608-1685. 1653 (1653) Wing C4776; Wing B4541; Thomason E687_2; Thomason E687_3; ESTC R206875 97,858 126

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abuse their power contrary to the mind of God That abuse of their power must not invalidate and take away the due use of their power Churches are ecclesiastically to cut off such as trouble the Churches but they may abuse their power to cast out their best members for the truths sake yet this their sinne dischargeth not Churches from the dutie It is alike here abuse of civil power taketh not away this due use of it 2. Just persecution of men sinning against Gods Rules and the Dictates of a right guided conscience which require persons to obey Superiours in all their lawful commands is not to persecute men for attendance unto Gods Rules or to the Dictates of a good conscience and it were absurd to reason thus Men may not be persecuted for a good cause and conscience therefore they may not be punished for maintaining a bad cause and that which is interpretatively against their conscience The exercise of any such power by godly Rulers is cross to Object 9 the meek Spirit of Christ and to that merciful and peaceable Spirit which he requireth of his Saints Rom. 15. 1. Gal. 6. 1 2. Eph. 4. 32. 2 Tim 2. 25. James 3. 15. 17. 1. All that is required of Church Officers and Members Answ such to them so considered are those speeches in special wise directed as the contexts shew yet are Church Officers and Members as those of Ephesus commended also for their zeal when through zeal they could by no means bear with corrupt Tenents and Doctrines of the highest strain and held forth with the highest pretences of Divine Truth and no lesse then Apostolical Revel 2 2. Thou canst not bear them that are evil and hast tried them that say they are Apostles and are not and hast found them liars and they are required to avoid and reject and cut off such as vent corrupt doctrines and the l●ke Rom. 16. 17. Gal. 5. 10. Tit. 3. 10 11. 2. Zeal of God in sharp punishing of such like corruptions stood very well with Christs Dove like Spirit none so meek as he yet none so zealous this way The zeal of Gods House even consumed him and made him lay on so hard with his scourge upon those who polluted the Temple Iohn 2. 16. with 14. 15. 16. 30. so Moses that King in Iesurun the meekest of mere men in his own cause Numb 12. 3. yet how Lion-like in that cause of pollution of Gods worship Exodus 32. 26 27 28 29. So in Hezekiah who was such a shadow to the Saints Esay 32. 2. yet a very fierie flying Serpent against the enemies of God and the Church Esay 14. 29 30. This is contrarie to what was Prophesies of us Gentiles Object 10 That our swords should be beat into plowshares Esay 2. 4 and that none should hurt or destroy in all Gods Mountain 1. Although all sinful and rash quarrelsomness all self avengings Answ or means thereof and all injurious and unwarrantable slaughters should be excluded Gods Mountain yet this hinders not but that gentile Rulers as ordained of God must bear his sword not in their scabbards and at their girdles suffering it to rust for want of use for that were to bear the sword in vain contrary to Gods own order Rom. 13. 4 but to be used against all evil works coming under their Cognizance whether respecting God and Religion more specially or man and righteousnes whether in way of the vengeance of God against domestick offenders or in way of just war against other enemies of God his Cause or Saints If any reply hereto that this place in the Romans intendeth not any matters of Religion at all but onely matters of civil righteousness 1. Evident it is that as good and evil doing whereof the civil Magistrate taketh cognizance are opposed Rom. 13. 3 4. so are incouraging rewards to weldoers as by that of prayses and vindicative rewards to evil doing and to evil doers opposed now none will deny that the civil Magistrate is bound to incourage the Preaching Profession and practice of the Truth worship and wayes of God and therefore by paritie of reason is he to be an avenger of what cometh under his cognizance contrary thereunto 2. The persons more specially spoken to upon that ground to doe well because then they have praise of the same or in case they do evil then they are to fear the vengeance of the Lord to be executed by his Minister the Magistrate they are Professours Officers and Members of Churches such as they were at Rome Rom. 1. 7. and 12. 4 5 6 7 8. compared with chap. 13. 3 4. If thou do that which is evil fear c. which all will confess to be liable to evil doing against the first as well as the second Table 3. He is by Gods Ordinances to be a terrour to evil works indefinitely For rulers are not a terrour to good works but to evil vers 3. v. 4. He is the Minister of God the avenger to execute wrath upon him that doth evil be he who he will be coming under his power or be the evil what it will be coming under his view Now the Scripture reckons especially the doing of persons of corrupt judgements as persons so corrupt to be evil deeds Hence if a Christian bid God speed to persons who bring not the Doctrine of Truth he is partaker with him in his evil deeds 2 Joh. 10. 11. Hence Paul calleth those corrupt circumcision teachers evil works Phil. 3. 2. Beware of dogs beware of evil workers beware of the concision And the opposition Rom. 13. 3. evinceth this Rulers are not a terrour to good works but to evil whence the argument is strong Those good works and acts which ciuil Rulers are not to be a terrour unto unto the contrary evil works they are to be a terrour to good works and acts civilly such respecting the Truth worship and wayes of God civil rulers are not to be a terrour therefore to evil works contrary to the truth waies and worship of God are they to be a terrour If any yet reply that this in Rom. 13. is spoken with reference to the present power that then bare chief sway at Rome or at least with sole reference to such like civil powers that were christian and looketh not to civil powers becoming christian and so is no rule for christian rulers The Answer is ready albeit those who were in highest power when Paul writ this Epistle were Pagan and not Christian yet the context carrieth the words spoken about higher Civil Powers to be extendible yea especially appliable to Christian civil Rulers 1. When the Apostle saith Wilt thou not be afraid of the power do that which is good and thou shalt have praise of the same Who knoweth not that Nero then ruling was so far from giving encouragement to any Christian Romans either in a way of piety or honesty that he was a very Lyon rather cruelly to devour them 2 Tim 4.
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
24. 3. to this the Conclusion properly looketh not 2. That of a more spirituall nature taken 1. For immunity from sundry evils pressing hard upon the Saints or enslaving them If the Son make ye free then are ye Joh. 8. 36 1 Cor. 7. 22. Rom. 6. 18. Rom. 8. 2. Is 61. 1. 1 Thes 1. 10. Gal. 3. 10. 13. Ibid. Rom. 7 6. Gal. 5. 1. Heb. 2. 14 15. Ibid. Gal. 1. 4. 1 Cor. 7. 22 23. free indeed the Lords Freeman which liberty is either inchoative or perfected inchoative spirituall liberty is that from sins guilt or power being made free from sin and made free from the law of sin and of death he shall proclame liberty to the captives That from Gods wrath Jesus which delivereth us from wrath to come That from the Morall Laws curse Cursed is every one that continueth not in every thing written in the Law to doe it Christ hath redeemed us from the curse of the Law being made a curse for us That from the rigorous exaction of the Laws righteousness and personall perfection from us we are delivered from the Law That from the Ceremoniall and Judiciall Law too as far as it was properly Jewish Stand fast in the liberty wherewith Christ hath made us free That from the power of hell who hath delivered us from the power of darkness That from the power of death delivering them who were all their life long subject to bondage by reason of the fear of death That from the world redeemed from this present evill world That from mens inventions and lusts the Lords freemen bought with a price become not the servants of men That from all our enemies being delivered out of the hands of all our enemies Luke 1. 74. This spirituall liberty perfected is the glorious liberty of the sons of God of which Rom. 8. 21. see also 1 Cor. 15. end This first spirituall liberty of each Saint is not that to which the Conclusion looketh 2. Spirituall liberty is taken for freeness readiness and voluntariness to the holy and good things of God that what we doe therein it should be freely with a ready and willing mind not as at liberty to do or not to do any duties required of us according as we list for that were rather in part licentiousness a cursed liberty of servants to sin When ye were servants to sin Rom 20. ye were free-from righteousness Nor yet as persons to be haled to do our duty Thy people are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people of free oblations 3. Spirituall liberty is taken for that which standeth between two extremes wherein a Christian may be sayd to be properly free as when free to chuse or refuse or suspend to use or doe such or such a thing or to forbear And it is Christian liberty strictly taken or liberty of Christians in matters which in themselves are of an indifferent nature of which is that place so oft applyed too largely Rom. 14. 3 5 6 14 17 Of which nature were the Jewish meats and dayes formerly observed but then abolished although every beleeving Jew was not presently convinced thereof And here a little to digress let us clear this place so often wrested that it is meant of things of an indifferent nature in themselves this appeareth in that they wcre such things as whether observed or not the Lord might be exalted he might be praised ver 6. He that eateth eateth to the Lord for he giveth God thanks and he that eateth not to the Lord he eateth not and giveth God thanks They were not such things which were not in themselves Morally good or evill ver 14. I know there is nothing unclean of it self namely nothing of that sort before mentioned as were Dayes and Meats and other like things of an indifferent nature else it might be sayd many things are in themselves unclean whether he that dealeth with them think so of them or no as Idolatrous Adulterous Murtherous acts c. morally evill and so unclean They were such things in which the Kingdom of God consisted not ver 17. meats sacrifised to Idols made not any more or less accepted 1 Cor. 8. 8. Meat commendeth us not to God for neither if we eat are we the better or if we eat not are we the worse and 1 Cor. 10. 25. Whatsoever is sold in the shambles eat c. 3. Mixt liberty which is partly of a spirituall and partly of a civill nature as it respecteth things spirituall wherein it is exercised so spiritual as it respecteth family authority by which it is exercised either privately or publiquely so it is of a civill nature as when the Saints of old had from Cyrus Authority liberty to goe up to Jerusalem freely to build the Temple Ez● 1. 3. Ezr. 6. 6 7 8 9 10. anu worship the Lord there and when they had liberty from Darius without disturbance from enemies freely to carry on that good work and to offer sacrifises to the Lord. Hitherto also that in 1 Tim. 2. 1 2. may partly be referred and if that were all the liberty which were pleaded for that by the influence of Civill Authority we might lead a quiet and peaceable life in all godliness and honesty without any kind of disturbance or molestation from any we would joyn in that plea in the Court of God and man As for that sinful lawless and boundless liberty that is a liberty indeed and reallity to the flesh or the motions and fruits of corrupt nature a liberty to sin a liberty for men to do what they list and the like this is it which the Scripture every where decryeth and condemneth Judg. 17. 6. In those days there was no King in Israel but every man did that which was right in his own eyes So was Micha's Idol and Idol worship and Ministry right in his eyes ver 5. 12 13. Now I know the Lord will be good to me seeing I have a Levite to my Priest He verily thought he was right in all and might look for a blessing of God in that way Mich. 4. 5. All people will walk every one in the name of his God Rom. 6. 10. Ye were free from righteousness and 2 Pet. 2. 19. They promise them liberty Jude 4 5. Turning the grace of God into wantonness There wanted not some in the Apostles dayes who would pretend their own and others spirituall liberty whereby to bring in and carry on and covertly to exercise this liberty to sin and for that end plead liberty from Authorities which should curb or restrain sin whence that item of Peter 1 Pet. 2. 16 17. As free but not having for a covering of wickednes the Liberty but as the servants of God honour all men love brotherly fellowship fear God honor the King Whence that bait of Seducers to draw on disciples after them they promise them liberty they themselves despising 2 Pet. 2. 1● Government in Church or State speaking evill of Dignities
c. How like that was to the Spirit breathing in these dayes in too many professors of Jesus Christ and liberty purchased by him I leave to consideration Secondly we distinguish of conscience which is to be considered either as rightly guided or as misguided and erring to Conscience rightly guided by the Lord and according to his word Civill Authority must give all incouraging Liberty 2. Misguided and erring conscience is either erring out of meer infirmity and weakness in which case great tenderness is to be used on all hands for a time or of wilfulness and in way of pertinacy contempt and turbulency of which in the Conclusion 3. We distinguish concerning Authoritative leaving persons to some liberty in abuses of this Allusion It is either a kind of temporary Connivency or forbearance for a time to punish them which in cases of weakness must be granted till sufficient means used of Conviction or it is a kind of more fixed toleration without certain limits of time This later is supposed to be either in some cases of an extraordinary respect as in cases of Universall obduracy spreading over the face of a whole professing State as was the Toleration of that sin of causless Divorces by Moses as a politicall Ruler for preventing of a worse misehief of insupportable Tyranny and cruelty over their injured Wives Math. 19. 6 7 8 10. Moses for the hardness of your hearts suffered you to put away your Wives Or in case of some Evills either acted or owned by a more prevailing and potent party in a Civill State which if exasperated and crossed would imbrue the State in blood or confusion as in the case of Joabs murther of Abner owned by Abisha who with their faction were too strong for David 2 Sam. 3. 39. In which case also Godly Emperors have born with some Errors whilest their State was royled and the foundations thereof even shakeing by reason of strong factions and tumults in it Or secondly this fixed toleration is supposed to be in an ordinary way and in common and usuall cases which is that which the conclusion denyeth Now then to State the conclusion and accordingly confirm it we say That in ordinary way a set fixed Toleration is not to be given by the Regulated Magistrate or higher Civill powers that their Christian Subjects should hold and profess in matters of Religion what themselves may pretend conscience for so doing When indeed grosly erring and contemptuously and pertinaciously holding the same forth Reasons from scripture of the conclusion so stated may be these R. 1. Because liberty to the flesh is not to be given in such a way by such Rulers for such Rulers to give such a liberty for all such persons to hold and profess corrupt opinions is to give liberty to the flesh Ergo that may not be done the proposition is grounded upon the Rulers duty to keep both Tables and so not in an ordinary case and way to suffer fleshly sinfull breaches of the Rules therein The Assumption is grounded upon Gal. 5. 20. Where Heresie and Schism are counted fruits of the flesh to give liberty therefore to such fruits of the flesh is to give liberty to the flesh R. 2. That liberty which suffereth men ordinarily in a Christian State to draw persons away from God is not to be given by Regulated Rulers thereof but in such a way as before mentioned to tolerate persons under pretence of conscience pertinaciously to hold forth corrupt opinions is to suffer persons to draw away others from God Ergo it may not be done The proposition is evident such a one as would go about to thrust others from God must not be pitied or spared Deut. 13. 9. Object True you will say in respect of the witness which was not to conceal him Ibid. but what is this to Authority Ans Yes that which is here injoyned every private person is with respect to it as to be brought before Authority as it is evident and if a private person be not to let such alone but to bring him to light to complain of him to Authority surely that Authority was not to spare them when detected if Authority had been to intreat such tolerate persons needed not to be charged not to spare them nor to conceal them for if they would not forbear them but complain of them if the Magistrate would or might forbear them theyr non forbearance of them was to litle purpose Secondly it appeareth that both private and publiquc persons are taken in in that Collective Thou shalt not spare him vers 8. The same phrase with that vers 10. Thou shalt stone him with stones that he die No private person could do thus upon his own head or will that had been confusion It was then by influence of the higher powers that it was so done But why are they to be so strict why is there to be no sparing or tolerating but Capitall puinshing Ans ver 10. Because he sought to thrust thee away from the Lord thy God Hence also was that blamed in those which under Moses had power of life and death for sparing those Midianitish women Numb 31. 14. Moses was angry with the heads of thousands and vers 15. Have ye spared the women alive But why are they blamed Ans v. 16. These through Balaams Counsell Caused the Children of Israel to transgress against the Lord in the matter of Peor which is explained Numb 25. 1 2. They called the Children of Israel to the sacrifices of their Gods and they did eat and they bowed down to their Gods The Assumption is evident and needeth no proof Acts 20. 29 30. Speaking perverse things to draw away namely from Christ and his Church Disciples after them Although for this also such may pretend Conscience Scripture c. be Wolves in sheeps clothing transform themselves into Messengers of light of whose mischievous sleights reade Ephes 1. 14. 2 Tim 3. 5 6 7. R. 3 That liberty which suffereth the sheep of the Lord in an ordinary way to wander from their Fold and Pasture without restraint or effectuall care to reduce them that is not to be allowed off by such as God calleth to be politicall Shepheards Math. 7. 15. 1 Cor. i. 13. to them but the liberty mentioned doth thus Ergo. The proposition is evident as being that for substance which was blamed in those Shepheards of old Ezek. 34. 5 6 7 8 There was no Shepheard neither did my Shepheards search for my Flock but they wandred and became a prey were driven away devoured c. For there was no Shepheard not simply for there were Shepheards but as good as none they did not execute their Shepheardly Office but suffered Gods Flock to go to wrack by false Prophets false Teachers Idolaters c. Nor were these Shepheards onely Church-Rulers but State and Civill Rulers even the same with those vers 4. who in Civill respects also tyrannized over them ruled them with force and cruelty which