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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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him or as any tyrannicall course of his but as one peece of his right guided politicall wisdom justice and power as the context sheweth and this course he took is recorded in his commendations and as his comfort in his very trouble before Moses his Judiciall or Ceremoniall Lawes were made for after them that sacrifising so approved of by God chap. 42. had been unlawfull to be performed by such as Job was who was not under that religious State and Church polity of the Jews Levit. 17. 8 9. It was a capitall offence for any Jew or stranger among them to offer sacrifice unless he brought it unto the door of the Tabernacle See more in the Notes of Junius and Tremellius upon the first of Job But for the further clearing of this from all gainsaying of others let us first lay down some distinctions and then the conclusion respecting this 1. Then there is the divine Rule of Judging which is the Scripture the Judge of all Controversies and the act of Judging what is or what is not according to the Word Herein quaeritur who is Judge 2. There is an absolute supreme praetorian and infallible Judge thereof which is no other but Jesus Christ and his Spirit speaking in the Word and there is a visible limited subordinate and Ministeriall Judge what is or what is not according to the Word of which quaeritur who is Judge 3. There is a more private Judging thereof whether apprehensive discretive directive or corrective proper to each particular Christian in respect to his own particular actions and of which there is a publique judgement of what is or what is not according to the Word of which quaeritur 4. There is an Ecclesiasticall and there is a Politicall or Civill judging of what is or is not according to the Word Ecclesiasticall judging is either by virtue of Office defining Ecclesiastically what is the counsell of God as is that of Church Elders or by virtue of Ecclesiasticall deputation and designation as that of the Synod and members of it or by virtue of Ecclesiasticall union and communion as that of the Church colectively and the members distributively considered 1. Cor. 10. 15. I speak as to wise men Judge ye the present quaere is of political Iudging also 5. Politicall Iudging in such matters is either that which is in the politicall Law-makers whether in any stated standing higher Civill Office or otherwise as in Parliamentary and Generall Courts or the like or that which is in higher Civill Officers in a state we look at both 6. Authoritative politicall Iudgement is either Definitive Authoritatively stating in a politicall way what is or is not to be acted by the outward man in weightier matters of a religious State-concernment whether of first or second Table or preceptive injoyning those politicall determinations with respect to Civill incouragements or punishments Both which acts of politicall Iudging are appliable to State-lawmakers onely de Iure they are limeted to the sole rule of Iudging even the whole Scripture 7. There is a Iudging what is true or false to be believed or not simply as teaching and binding conscience with reference to Spirituall and Eternall rewards Which is the Ministers business officially and each Christians work privatly and personally and is not the Magistrates work as a Magistrate There is a Judging what is to be professedly believed and maintained as true or false with reference to Civill rewards or punishments And thus the Civill Magistrate Judges 8. There is a Judging what is or not to be done by soul and body both in reference to inward sence and Divine Approbation or rejection Officially the Ministers work in a private directive and discretive way each Christians duty There is a Iudging what is or not to be acted or expressed by the outward man with reference to Civill rewards or punishments proper to Magistrates 9. There is a Judgement what is or is not a Christians duty either onely as Godly or onely as a Church member diversly appliable to Churches Church-elders and private Christians and there is a Judging what is or is not the duty of a Member of a Christian State as a member of that politicall society to be ordered or curbed thereby Appliable to the Civill Magistrate Conc. 6. That regulateed Civill Magistrates and higher powers have not alone a Judgement in Common with other Christians and Members of Churches considered as Christians and Church members what is or is not according to the Word but as Civill higher powers Magistrates also have a publique politicall Judgement both Definitive and Preceptive what is or is not to be acted or expressed by the outward man of each particular person whatsoever coming under their jurisdiction as those persons are politically subjected to that Civill state and as those their acts reflect upon the body politique This caution here annexed that in all matters of difficulty respecting Religion higher Civill powers be not too sudden in determining the same without the best counsell first had therein of those who are over them in the Lord according to the second Conclusion before mentioned pag 67. ever remembring that regulated Civill Magistrates may not politically determine that to be according to the Word in the letter or consequence of it which is not Scripture proof Josh 1. 7. The Conclusion thus stated and cautioned I doubt not will stand as Scripture proof against all objections to the contrary R. 1. Because as much is yeelded in effect even by opposers of Magistraticall Judging as 1. That they may make incouraging Laws in matters of God and of the Church surely then they may so far determine of the matters of God and the Church which they are that they are to be incouraged as such matters of God or of his Church and what incouragements are due to the same And surely then they are to be equall Judges in the other part of distributive Justice respecting matters of God or of the Church which fall under vindicative justice as Rom. 3. 3 4. proveth The same Rulers are in a Civill way to be a terror to evill works which are in a like way to give praise to such as doe well 2. It s yeelded in matters fundamentall and such as are set down in so many words in Scripture and why not as well to judge in other matters set down by clear and necessary consequence as are many weighty matters reducible to the four Commandements of the first Table of which the Civil Magistrate is a keeper and had need be allowed his politicall Judgement what is or what is not his politicall charge which he is to keeep 3. It is yeelded in matters of the second Table yet that Table also is as well a part of Scripture and therefore all the duties expresly or consequently therein commanded and the prohibition of the sins in like sort forbidden in those six Commandements are so far forth Scripture as they are reducible to Scripture or to any
doe or hold something against his conscience he would not sin And should he not in such a case rather be left to the liberty of his conscience and of what his conscience doth so dictate This Objection being of some seeming weight for the better clearing the whole take these Conclusions Concl. 1. The highest Rule to which all are in conscience bound is the very Word of God Conscience is to a Christian Regula regulata and not Regula regulans which rather is the word conscience it selfe must be subject to that hence it is made the naturall mans sin that it is otherwise with him Rom. 8. 7. The carnall mind is not subject to the Law of God nor indeed can be Hence is it that God layeth Commands upon Conscience also Mark 12. 30. the whole soule heart and mind of man must love the Lord or is by duty bound in its way to expresse dearest highest respect to him even by its respect to Gods Commandements in its way 1 John 5. 3. This is love that we keep his Commandements Otherwise love simply and strictly considered is not appliable to the whole soule and mind but is an affection of the will onely Now if all the soule minde and heart must doe thus the conscience too which is one faculty thereof Hence the Law is called spirituall as reaching the sins of the Spirit the mind and conscience c. of man also and enjoyning the Spirit its duty as well as the body and outward man Hence that writing of Gods Law in his peoples hearts and minds to be a Soveraigne commanding Law therein Concl. 2. Whatsoever therefore is really contrary to the very Word of God it must needs be sinfull to him that doth it as having the form of sin in it Sin is formally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the transgression of the Law or Word of God yea albeit the conscience of him who holdeth or practiceth that Anomie in doctrine or life doth thorough errour tell him that it is good and according to the Law or word for no Creature and so not conscience it selfe by its dictates can make that which is formally simply and in its selfe sinfull to be other then sinfull yea albeit a man should come afterwards to see and bewaile his errour and evill yet the sin is still in it selfe and nature a sin although God in Christ will not impute it to penitent beleivers in Christ Hence expiation of old made by blood for such breaches of Gods Commands when yet the party did not think that they had been sins Levit. 5. 17 18. When a soul sinneth and doth in any of those what is forbidden by Gods Commandements though he wist it not yet he is guilty Hence Confession made by penitent Saints of sins as sins which yet they did out of conscience and judgement as duty Acts 26. 9 10 11. I verily thought I ought to doe many things contrary to the Name of Jesus of Nazareth which thing I also did c. And being exceeding mad I persecuted the Saints c. He saith it was really in his heart as duty to him yet confesseth that it was in deed and before God his exceeding madnesse Concl. 3. Each ones conscience therefore is bound to suggest that to be held professed or practiced and that onely which the very written word of God doth really hold forth to be so held professed or practiced and to deter from whatsoever is really contrary to the word and to that onely else conscience doth not expresse its boundlesse respects and love to God which is the first and great Commandement of God Mark 12. 30. Concl. 4. Each Christian is bound to hearken to the voyce of Conscience thus speaking and suggesting the mind of God not alone as that is the word which conscience doth speak but as it is the voyce of conscience so speaking from God Hence it becometh sin if what we doe be not from a good consciences perswasions grounded upon the very Word of God the rule and object of Faith Rom. 14. 23. Whatsoever is not of Faith is sin or that which is not grounded upon the Word which is Faith in the object and suitable perswasion built upon the Word which is Faith in the subject it is sin Concl. 5. Neither Conscience it selfe simply considered nor the directing instigating and perswading acts of conscience in themselves nakedly considered without respect to the Word of God and their conformity thereunto are an immediate rule approved of God for Christians to regulate their apprehensions or actions thereby for to make that such a rule of Gods approving were either 1. To suppose the dictates of Conscience to be infalliable whereas Conscience in unregenerate ones such as Hypocrites are is wholly defiled Their minde and conscience is defiled Tit. 1. 15. And in the Regenerate it is in part corrupted and hath a law of sin in it as well as any other faculty Rom. 7. 14. 23. Paul a Regenerate man saith I am carnall sold under sin his whole soule also as far as yet carnall was sold under sin and the heart taken for the conscience will be shewing it selfe in it selfe wicked and deceitfull in such dictates Jer. 17. 9. What godly person findeth not this guilefull dealing of Conscience it selfe so far as unregenerate that it will be accusing when it should excuse and excusing when it should accuse Whence that of David chiding his soule for such like evills Psal 42. 5. Why art thou cast downe O my soule and why art thou so disquieted within me c. Or 2. This at least were to suppose Conscience to be fallible as what other thing can be supposed of it as in part unregenerate in the best here on earth Now if so then 1 it is to suppose that God should set up to his people a fallible deceitfull rule 2. It is to make God the Author of Confusion in Religion since diverse persons consciences being diversly led become diverse rules yea according to that supposition approved rules of God yea then there are approved contradictory rules in Religion As that no Saints are to be worshipped with Religious worship according to some Christians Consciences who are Protestants and that Saints are to be so worshipped according to other Christians consciences who are popish that the Lords day is of Divine institution according to some and that it is not of Divine institution according to other Christians consciences 3. It is to make God the Author and allower of rules requiring palpable breach of his owne sacred infallible rules as Fornication Heretique-King-killing plurality of Wives living without any proper calling refusall and neglect of publique and private worship of God since the consciences of too many Christians dictate these as meet and lawfull although the word of God speak the contrary 4. It is to make God himselfe to acquit the most horrid blasphemies and heresies and other penaticall enormities in Religions of any guilt supposing they are as too often