VVhitehall 18th day of February 1687 / 8. Let this be Printed Sunderland P. A DISCOURSE OF Penal Laws IN MATTER OF RELIGION Endeavouring to prove that there is no Necessity of Inflicting or Continuing Them. First delivered in a SERMON On these Words Ye know not what manner of Spirit ye are of OCCASIONED BY His Majesties late Gracious Declaration FOR Liberty of Conscience And now humbly Offer'd to the Consideration of the Publick By James Paston A. M. Rector of Little-Livermere in Suffolk and Chaplain to the Right Honourable Sir Robert Wright Lord Chief Justice of England With Allowance London Printed for the Author Anno Domini 1688. A DISCOURSE OF Penal Laws IN MATTER OF RELIGION Luke 9.55 Ye know not what manner of Spirit ye are of OUR Blessed Saviour being to pass through some Villages of Samaria as he was going to Jerusalem he sends two of his Disciples to prepare his Way But the Samaritans understanding that he was bound for Jerusalem a place which they envy'd and hated rudely refuse to give him Entertainment The two Disciples therefore being provok'd by this bold Affront offer'd to the Son of God their beloved Master and knowing withall how great Power he had in Heaven and remembring what was recorded of Elias 2 Kings 1.10 a much Inferior Prophet That he had call'd down Fire from thence to consume the Captains and their Fiftys who were sent to Apprehend him They in the Transport of their Zeal desir'd the like Revenge upon these Inhospitable Samaritans and ask'd this great Prophet Lord wilt thou that we command down Fire from Heaven and consume them as did Elias But he turn'd and rebuk'd them and said Ye know not what manner of Spirit ye are of The word Spirit here signifies an Oeconomy or an Order or a Temper or Disposition So that when our Saviour tells them They know not what manner of Spirit they are of he means they knew not or consider not the Oeconomy or Order of the Gospel They consider not what Temper and Disposition that requires in its Professors and Propagators And so we may see the rebuke of our Saviour in these Words to this Disciples will afford us these several Observations 1. How apt even good Men are to be Impatient when they meet with Opposition 2. That it is a Fault to be so Impatient 3. That the Spirit of the Law is different from that of the Gospel 4. That Men are apt to forget or not to regard what manner of Spirit they are of 1. We may observe how apt even good Men are to be Impatient when they meet with Oppsition We see it in the Disciples Men so good that they had forsaken all to follow Christ even whilst he was look'd upon by the Chief-Priests and Scribes and Pharises by the Herodians and by the generality of the People to be an Impostor and an Enemy to the establish'd Government They followed him when he had not where to lay his Head They had been under his immediate Divine Tuition for several years for it was now when he was going to Jerusalem to be Crucify'd they had seen the Holy Examples of his Life they had heard his Doctrines of Humility of Meekness of Charity of Long-Suffering and Forbearance these Doctrines they had been taught from his own Mouth And yet these good Men who had been so advantagiously Taught by the best of Examples and best of Preachers grow so Impatient when they meet with Opposition that no less than Fire from Heaven will suffice to Revenge them upon their Opposers The Opposition indeed which they meet with is bold and daring Opposition to the Son of God! But yet we see 2. Their Impatience though it was upon this account was a Fault otherwise they had not been rebuk'd for it by our Saviour The Samaritans were guilty of a high provoking Sin in refusing to give Reception to the Son of God who came to Save them from eternal Ruine and unspeakable Misery in refusing to give Entertainment to him in his Journey when he was going to perform this great and Merciful work this sure was a Sin And yet Christ rebukes his Disciples for being so hasty in calling for Vengeance upon the Sinners When we think our selves in the right and by the Warrant of Christ himself know our selves to be so when we are about that very business which Christ has set us when we meet with Opposition in the performance of it and thereupon grew Impatient and desirous of Revenge we become Guilty of a Fault which deserves Rebuke For 3. From the Words we may observe that the Spirit of the Law is different from that of the Gospel and that upon many Accounts First Upon the Account of the first Authors and Promulgers of each Moses indeed by whom came the Law. Num. 12.3 is said to be the meekest Man upon Earth yet we find him in his Anger slaying an Egyptian Exod. 2.12 casting the two Tables out of his Hands and breaking them in Pieces Num. 32.19 but we Read of no such violent transports of Passion and Zeal in Christ the prime Author of the Gospel There appears in him nothing but Meekness and Humility When he comes into the World he makes Choice of a poor Virgin to be his Mother Luke 1. and he disdains not to be called the Carpenters Son Mat. 13.55 he is Born in no better place than a Stable Luke 2.7 he is laid in no better Cradle than a Manger When the Angel gives him a Name Mat. 1.21 it is such a one as signifies Love and Mercy Jesus a Saviour when St. John points him out Joh. 1.29 't is under the Name of a Lamb the meekest of Creatures and when Almighty foretells of him by his Prophet he describes him Isai 42.2 As one so gentle that he should not break the bruised Reed nor quench the smoaking Flax. Secondly Different also in the way of promulging and propagating of each Exod. 20.18 for the Law was delivered with the Terrors of Thunderings and Lightnings Exod. 23.31 and the Sword made way for its Professors by rooting the Enemies of God out the Land of Canaan Num. 33.52 God Almighty then Styles himself the Lord of Hosts Deut. 9.3 and appears in Camps and Armies 1 Sam. 1.3 but the Gospel is deliver'd without noise The same Prophet says Isa 42.2 concerning its first Institutor That he shall not Strive nor Cry nor lift up nor cause his Voice to be heard in the Streets And when he sends forth his Apostles he tells them Mat. 10.16 9.10 It is as Sheep among Woolves the Meekest Gentlest Creatures among the most Violent and Ravenous and yet he allows them no other Defence or Support but their Innocence Neither Gold nor Silver in their Purses nor Staves in their Hands they may indeed be as Wise as Serpents 16. but then they must be also as Harmless as Doves Thirdly
Different also in the Doctrine of each The Law teaches an active Valour Deut. 31.6 to be strong and of good Courage But the Gospel a Passive to turn the other Cheek when one is smitten and Blessedness we find chiefly promised to suffering Vertues To the poor in Spirit Mat. 5. to those that Mourn to the Meek to the Merciful to those that are Persecuted for Righteousness sake The Law forbad Actual Killing but the Gospel even Causeless Anger The Law allow'd Retaliation Eye for Eye and Tooth for Tooth but the Gospel forbids resisting of Evil The Law commands loving of Neighbours and hating of Enemies but the Gospel commands loving of Enemies to Bless them that Curse us to do good to them that hate us and to Pray for them that despitefully Use and Persecute us Fourthly Different also were the Behaviours of the Propagators of each towards those that oppos'd them and different the Punishments of their Opposers When Pharaoh withstood Moses Exod. 7. c. Miracles of Vengeance are inflicted his Rod is turn'd into a stinging Serpent the Waters of Egypt into Blood the gain-saying People are infested with Frogs and Flies and Locusts with such Darkness as might be felt the Dust of the Land is turn'd into Lice the Cattel are afflicted with Murrain the People with Boils and Blains both Man and Beast with Thunder and Hail and Fire running upon the Ground all the first born of Egypt are smitten with sudden Death And Moses's Law more over inflicted Death upon several sorts of Criminals among themselves The Murderer Num. 25.16 the Thief the Breaker of the Sabbath Deut. 24.7 the Rebellious and Disobedient were to die the Death Exo. 31.15 and the Priests themselves sometimes were the Executioners of Mortal Vengeance Deut. 21.21 and sometimes procured it by miraculous Means Phineas the Son of Eleazer Stabs Corby and the Midianitish Woman Num. 25.8 the Sons of Levi are commanded by Moses himself to put on every Man his Sword and to go in and out from Gate to Gate throughout the Camp and to slay every Man his Neighbour the Prophet mention'd in this Chapter by the Disciples call'd down Fire from Heaven upon the Captains and their Fiftys who were sent to apprehend him These and many other Instances we have in the Old Testament shewing the vindictive Behaviour of the Asserters and Propagators of the Law towards those who infring'd or oppos'd it But the Carriage of the meek Lamb of God is quite different All his Miracles were such as were winning not terrifying Miracles of Mercy not of Vengeance all perform'd without noise or Pomp. He feeds the Hungry gives Sight to the Blind Hearing to the Deaf Raises the Dead Mat. 14.19 12.22 Mark. 7.35 And when notwithstanding all these wonderful Works of Love he is led as a Lamb to the Slaughter Act. 8.32 and as a Sheep before her Shearer is Dumb he opens not his Mouth unless it be to put in practice his stupendiously Charitable precept of Praying for his Maliciously Blind Persecutors Father forgive them they know not what they do Luk 23.34 No Vengeance no return but of Good for Evil no Fire from Heaven but that of Love to melt their hard Hearts No exterior Force no outward Punishments are made necessary in the Gospel For the Christian Church was to overcome its Adversaries by meekness to conquer by patient Suffering to silence its Gainsayers by Martyrdom It is true we find such an Expression as this in a Parable Compel them to come in Luk. 14.23 But its force seems to be abated in another where it is said Mat. 13.29 Let the Wheat and the Tares grow together till the day of Judgement In which last Parable Christ Intimates at least that there is no absolute necessity of rooting up probably least some undiscerning rash Hand pluck up the Wheat with the Tares destroy the good with the bad and then moreover that Expression Compell them to come in Paraphrase upon the place According to the Learned Dr. Hammond implyes not outward Force but the more gentle compulsion of Love Which as the Wise man tells us Cant. 8.6 Is as strong as Death Compel them to come in according to the Paraphrast is importunately Woo them And the Apostles followed their Master in these ways of Meekness they propagated his Religion by gentle means by their own not by others Suffering they endur'd Stripes and Imprisonment and Death Act. 5.40 2 Cor. 11 25 but inflicted none of these Severities upon others either without or within the Church Act. 12.2 7.58 Ananias and Saphira were destroyed by sudden Death Act. 5.5.10 but it was by the immediate Hand of God Almighty we read not that this Vengeance was called for or so much as wish'd for by the Apostles whom these Criminals endeavour'd to impose upon the Apostles sure were Infallibly certain that they taught the Truth Joh. 16.13 Mat 28.22 Luk. 10.16 and yet they endeavour'd with all midness to perswade others to embrace it and with Patience endur'd the stubborn and unreasonable contradiction of their Opposers And this gentle course was taken also in succeeding Ages and the Church grew and flourish'd by being irregated by the Blood not of Adversaries but of its Martyr'd Children near three hundred years pass'd from the death of our Saviour before there were any Christian Kings or Emperours and therefore before there was any outward Force And yet Christianity made out its way not like Vinegar or Aqua-fortis but like Oyl it gently spread and easily insinuated into all Bodies and all Societies it conquer'd without any Sword but that of the Spirit There was no rooting out of a Canaanite no slaying of Old and Young Infant and Suckling Sheep and Oxen. And when Christians took up Arms it was in Defence of their Goverours and by Temporal Authority upon which account they often laid down their Lives but would not otherwise lift up their Hands to defend themselves from their Persecuting Enemies For Fifthly The Law and the Gospel differ'd in their very Constitution By the Law the Civil and Ecclesiastical Powers were blended and interwoven together from the beginning by God Almighty's own Authority And Moses and Aaron went Hand in Hand But the Gospel came into the World without any Temporal Power to support it all Temporal Governments were against it Their Lord of Hosts now become the Prince of Peace and the Lyon of the Tribe of Judah the meek Lamb of God so great and so manimanifold were Differences between the Law and the Gospel The Spirit of Christianity is a Spirit of Meekness the Disposition and Temper of Christians ought to be Meek and Humble and Patient But according to the IV. Next Observation from the Words men are apt to forget or not to regard what manner of Spirit they are of It is evident from their being so prone to be carried away by a different Spirit
from that of the Gospel we see it even in these two Disciples of our Saviour and too frequently in some of all sorts of Men Opposition moves their Passion and Passion hurrys them beyond the bounds of Reason and Religion and they so far forget themselves as to imagine that Fire from Heaven or Fire upon Earth or some other outward Penalties are necessary for the support of Christian Religion and that it cannot subsist without confiscating the Goods of its Opposers Stripes and Imprisonments Hanging and Quartering and other like Penalties inflicted upon the persons of the Adversaries as if Religion had lost that Primitive Native Beauty by which it tempted the greatest and most reasonable part of the World to its Embraces As if it had lost that Primitive Native Strength whereby it stood the shock and violence of the Powers of the Earth and Hell and now stood in need so much of outward Terrours that it could not subsist without them That Christ's Religion prevail'd for the first three hundred years without these outward Helps is not to be deny'd nay that it has prevail'd in several places of the World is as undenyable and that Naked and Unarm'd and that there is no one place in all the New Testament that seems so much as to countenance outward Compulsion is as evident If any Church Tradition does warrant it I think it is yet to be produced and therefore I cannot see what Spirit they are of who so zealously assert the necessity of such outward Penal Laws I know it has been frequently urg'd by some that the reason why the Primitive Christians made no use of them was because they were not protected by the Civil Power but shall we imagine that one sort of Temper is requir'd in Christians in the time of Adversity and another quite contrary in the time of Prosperity One whiles they were under Persecution and another when by being favour'd by the Civil Magistrate they were in a condition to Persecute one another That Christ design'd that the Meekness of his Followers in the times of Persecution should be only a trick to Wheedle and lull a sleep the civil Magistrate till the Sword drop'd out of his Hand that they might snatch it up and use it against their Adversaries and one another When Christ did forbear punishing his Malicious Opposers it was not because he wanted Power to avenge himself he could have commanded Fire from Heaven Mat. 26.53 Or more then twelve Legions of Angels to this purpose but it was not according to the Spirit of the Gospel But now after all this that this Discourse might be the less imperfect there are several things to be consider'd As 1. Whether Christ did not design Unity in his Church 2. What means himself has appointed to effect this Design 3. Whether outward Force has not been made use of to this purpose 4. Whence this outward Force did proceed 5. Whether this outward Force be always and alike necessary 6. In whose Power it is to Inflict or remit Temporal Punishments 1. Whether or no Christ did design Unity in his Church Which doubtless he did as much as he design'd Truth and Holiness for we find that he says concerning those that shall hear his Voice Joh. 10.16 Joh. 17.11 That they shall be one Fold under one Shepheard And in his Prayer he thus Supplicates his Heavenly Father Holy Father keep through thine own Name those whom thou hast given me that they may be one as we are and so in several other places And therefore in the Acts we read Act. 4.32 that they Continued daily with one accord and that the whole Multitude of them that believ'd were of one Heart and of one Soul I therefore the Prisoner of the Lord beseech you says the Apostle Eph. 4.1 that ye walk worthy of the Vocation wherewith ye are called Endeavouring to keep the Unity of the Spirit in the Bond of Peace and afterwards there is one Body and one Spirit one Hope of your Calling one Lord one Faith one Baptism and the same Apostle 4 5 6. verses of the same chap. Now I beseech you Brethren that ye all speak the same thing 1 Cor. 1.10 and that ye be perfectly joyn'd together in the same Mind and in the same Judgement So that it is evident that Christ design'd Unity in his Religion and this might be made appear further from the Writings of the Holy Fathers and the Decrees of Sacred Councils Whose very design of meeting was for the Preservation of Unity but I have not room here to insist upon such Proofs and therefore I pass to the 2. Second Cosideration namely what means Christ has appointed as requisite to this purpose And those are to teach his Doctrine to Mankind Go ye says he to his Apostles Mat. 28.19 and Teach all Nations To Administer his Sacraments whereby Christians might grow together in his Doctrines 1 Tim. 5.20 to Rebuke the Disobedient and to cast out of the Christian Society the Stubborn and the Obstinate With such no not to eat 1 Cor. 5.13 1 Cor. 16.22 1 Cor. 5.11 And because differences might arise as well about Religious as other Concerns he appoints that Appeals should be made to the Church and that they who submitted not to her Determinations should be look'd upon as Heathens and Publicans Mat. 18.17 that is should be depriv'd of the ordinary Means of Salvation These are the Means by which Christ appointed that Unity should be preserved in his Religion Nothing in all this of Outward Force nothing of Punishment of the Body or Purse I come now therefore to consider 3. Whether or not Outward Force has not been made use of to effect this Design Which doubtless it has and People have been punished in Body in Purse by loss of outward Priviledges of Liberty and of Life in all Christian Nations in general and in Ours in particular The Law for Burning of Hereticks was in Force at least two hundred and sixty years For as our English Chronicle tells us Baker's Chronicle fol. 168. Printed 1674. it was first put in Execution in the Reign of Henry IV. and continued Un-repealed till about the middle of the Reign of the late King and even since the Reformation there have been several other Laws made for the External Punishment of Dissenters from this Church Twelve Pence a Sunday Twenty Pounds a Month taking away the Goods Imprisoning and Banishing Excommunicate Persons such outward Punishments and others more severe have been inflicted even under Protestant Princes upon the Disobedient and Dissenting in matters of Religion and that in this our Nation And indeed almost all sorts of Men I may say all who have had opportunity by being assisted by the Civil Magistrate have at one time or other thus punish'd those that have Dissented from them and the very same kind of Men nay sometimes the very same Men who have been very Clamorous against such