equity of those and the like Constitutions and deduced by Analogie and proportion to the businesse in hand I shall afterwards declare The summe of what is usually drawne out from holy Writ against such a forbearance as I suppose may be asserted and for the punishing Hereticks with Capitall punishments being briefly discussed I proceed in the next place to such other generall observations as may serve to the further clearing of the businesse in hand and they are these that follow 1. The forbearance of or opposition unto Errors may be considered with respect either unto Civill or Spiritual Judicature For the Latter it is either Personall or Ecclesiasticall properly so called Personall forbearance of Errors in a spirituall sense is a Moral Toleration or approbation of them So also is Ecclesiasticall The Warrant for proceedance against them on that hand is plaine and evident Certainely this way no Error is to be forborne All persons who have any Interest and share in Truth are obliged in their severall wayes and stations to an opposition unto every Error An opposition to be carryed on by Gospel Mediums and spirituall weapons Let them according as they are called or opportuned disprove them from the Word Contending earnestly for the faith once delivered unto the Saints Erring Persons are usually Bono animo sayes Salvian very zealous to propogate their false conceptions and shall the Children of Truth be backward in her defence Precepts unto this as a duty commendations of it incouragements unto it are very frequent in the Gospel Alike is this duty incumbent on all Churches walking to the rule The spirituall Sword of Discipline may be lawfully sheathed in the blood of Heresies No spirituall Remedy can be too sharpe for a spirituall disease When the Cure is suited to the Malady there is no danger of the application And this is not denyed by any He that submits himselfe to any Church society does it ea lege of being obedient to the Authority of Christ in that Church in all its Censures Volenti non fit injuria Error is offensive and must be proceeded against Examples and precepts of this abound in the Scriptures The blood of many erring persons I doubt not will one day have a Quo warranto granted them against their as to the particulars in debate Orthodox slayers who did it to promote the service of God Let them not fear an after reckoning who use the Discipline of Christ according to his appointment This being considered the occasion of a most frequent Paralogisme is removed If errours must be tolerated say some then men may doe what they please without controll No meanes it seems must be used to reclaime them But is Gospel Conviction no meanes Hath the Sword of Discipline no edge Is there no meanes of instruction in the New Testament established but a Prison and a Halter Are the Hammer of the Word and the Sword of the Spirit which in days of Old broke the stubbornnest Mountaines and overcame the proudest Nations now quite uselesse God forbid Were the Churches of Christ established according to his appointment and the professors of the Truth so knit up in the unity of the Spirit and bond of peace as they ought to be and were in the Primitive times I am perswaded those despised Instruments would quickly make the proudest Hereticke to tremble When the Churches walked in sweet Communion giving each other continuall account of their affaires and warning each other of all or any such persons as either in practice or doctrine walked not with a right foot as we have examples in Clem. Epist. ad Corinth the Churches of Vienna and Lyons to those of Asia Euseb. of Ignatius to severall persons and Churches of Iraeneus to Victor Euseb. Dyonisius to Stephen ibid. and the like Hereticks found such cold entertainment as made them ashamed if not weary of their chosen wanderings but this is not my present businesse 2. There is an opposition or forbearance in reference to a civill Judicature and proceedence of things which respecteth Errors in a Reall sense as to the inflicting or not inflicting of punishment on Religious Delinquents And this is the sole thing under debate viz. Whether Persons enjoying civill Authority over others being intrusted therewithall according to the Constitutions of the place and Nation where the lot of them both by Providence is fallen are invested with power from above and commanded in the Word of God to coerce restraine punish confine imprison banish hange or burne such of those persons under their jurisdiction as shall not embrace professe beleeve and practice that Truth and way of worship which is revealed unto them of God or how far into what degrees by what means in any of these wayes may they proceed The Generall propositions and considerations of the penall Lawes of God which were before laid downe have as I suppose left this businesse to a naked debate from the word of truth without any such prejudices on either part as many take from a misapprehension of the mind of God in them and therefore by the Readers patience I shall venture upon the whole anew as if no such arguments had ever been proposed for the affirmative of the Question in hand not declining the utmost weight that is in any of them according to equity and due proportion And here first I shall give in a few things 1. To the Question it selfe 2. To the Manner of handling it 1. To the Question it selfe for herein I suppose 1. That the Persons enjoying Authority doe also enjoy the truth which is to the advantage of the Affirmative 2. That their Power in civill things is jnst and unquestionable which also looses favourably on that side 3. That Non-toleration makes out it selfe in positive infliction of punishment which is so or is nothing Casting men out of protection exposing them to vulgar violence is confestly unworthy of men representing the authority of God and contrary to the whole end of their trust 2. To the manner of handling this Question among persons at variance and here I cannot but observe 1. That if I have taken my aime aright there is no one thing under debate amongst Christians that is agitated with more confidence and mutuall animosity of the Parties Litigant Each charging other with dreadfull inferences streames of blood and dishonour to God flowing out from their severall perswasions So that ofttimes in stead of a faire dispute you meet on this subject with a Patheticall outcry as though all Religion were utterly contaminated and trampled underfoot if both these contradictory assertions be not imbraced Now seeing that in it selfe it is a thing wherein the Gospel is exceedingly sparing if not altogether silent certainely there must be a further Interest then of Judgement alone or else that very much prejudicated with corrupt affections or men could not possibly be carryed out with so much violence upon supposed selfe-created consequences wherwith in this cause they urge one another 2. That
nursing Fathers and nursing Mothers to the Church of Christ even then when she shall suck the brests of Kings earthly things are the milk of kingly brests when her officers shall be peace and her exactors righteousnesse Isa. 60. 16 17. This at least reacheth to all we have ascribed to them All is but bowing the knee of Magistracy at the Name of Jesus Hence are these Positions The providing or granting of places requisite for the performance of that worship which in the Gospel is instituted is the duty of the Christian Magistrate Protection as to peace and quietnesse in the use of the ordinances of the Lord Jesus Christ from violent disturbers either from without or within is also incumbent on him Supportment and provision as to earthly things where regularly failing is of him required And in the neglect of any of these that takes place which is threatned Isa. 60. 12. Two or three consectaries added hereunto shall close this part of the Magistrates power or rather duty about the things of Religion as Positive actings by way of supportment and assistance maintenance allowance of publick places and the like in the behalf of persons deviating from the truth in those things wherein they deviate is contrary to the rule of the Word and duty of them in Authority For Error hath neither right nor promise nor is any precept given in the behalf thereof The defence and protection of erring persons from violence and injury in those things wherein they have a right is no acting of his duty about religious things but a meer dealing for the preservation of humane society by the defence of persons not acting against the rules thereof Every particular minute difference among the professors of the truth cannot be proved to come under the cognizance of the Magistrate he being to attend the worship which for the main is acceptable to God in Christ neither do any testimonies extend his duty any further Hence Corola The present differences about Church society and the subject or seat of discipline which are between those dissenters who are known by the names of Presbyterians and Independents as they are in themselves not heightned by the prejudices lusts corruptions and interests of men hinder not at all but that the Magistrate is bound to the performance of the duties before mentioned unto both parties And the Reasons of this are because 1. The things wherein they are agreed are clearly as broad as the Magistrates duty can be stretched to cover them 2. Neither party I am perswaded in their retyred thoughts dare avow the main of the worship by their dissenters embraced to be as such rejected of the Lord 3. No example in the world can be produced out of the old Testament or New or Ecclesiasticall History of a forcible decision of such minute differences See Socrat Eccles. Hist. lib. 6. cap. 20. 2. Corol All the plea of persons erring in doctrine or worship is not from what the Magistrate must do but from what he may not do And this for the first part shall suffice Secondly there is another part of the Magistrates power the other side of his sword to be exercised towards the opposition of that truth which he hath embraced and this hath a twofold object 1. Things 2. Persons Things are of 2. sorts 1. Wayes of worship 2. Outward Appearances Monuments Accommodations and Declarations of those wayes Of the first I shall speak afterwards By the second I mean all the outward attendencies of any false or erronious worship which are either helps to or declarations of the superstition idolatry error or falsenesse of it as Temple for idolatrous service Crosses pictures and the like abused Relicks of old unwarranted zeal Now concerning these I affirm 1. That the Magistrate ought not to make provision of any publick places for the practise of any such worship as he is convinced to be an abomination unto the Lord When I say he ought not to make provision I understand not onely a not actuall caring that such be but also a caring that such may not be He should not have a negation of acting as to any thing of publick concernment His not opposing here is providing For instance He must not allow that is it is his duty to oppose the setting apart of publick places under his protection for the service of the Masse as of late in Sommerset House or for any kinde of worship in it self disallowed because not required and so not accepted This were to be bound to help forward sin and that such sin whereof he is convinced which is repugnant to the whole revealed will of God A Magistrate I told you before is not to act according to what he may do but what he must do Now it cannot be his duty to further sin 2. Outward monuments wayes of declaring and holding out false and idolatrous worship he is to remove as the Papists Images Altars Pictures and the like Turks Mosckes Prelates Service book Now these are of two sorts 1. Such things as in their whole use and nature serve onely for the carrying on of worship in it self wholly false and meerly invented As Altars Images Crosses 2. Such as were used for the carrying on of worship true in it self though vilely corrupted as praying and preaching such are those places commonly called Churches The first are to be abolished the latter aright used I speak as to publick appearances for private disquisitions after such things I may be otherwise minded The Reason of this difference is evident to all Thus in dayes of old Constantine shut up Pagans Temples Euseb. de vita Constant lib. 4. cap. 23 24. and demolished some of the most filthy of them lib. 3. cap. 52. Theodosius utterly cast them to the ground though not without some blows and bloodshed Socrat Eccles. Hist. lib. 5. ca. 16. The command of God for the abolishing all monuments of Idolatry Deut. 12. 1 2 3. with the commendation of those Kings of Judah who accordingly performed this duty 2 Chron. 17. 6. and 30. 14. are enough to confirm it and to bottome this Position It is the duty of the Magistrate not to allow any publick places for in his judgement false and abominable worship as also to demolish all outward appearances and demonstrations of such superstitions idolatrous and unacceptable service Let Papists who are Idolaters and Socinians who are Anthropolatrae plead for themselves Now secondly for persons there seems something more of difficulty yet certain clear rules may be proposed concerning them also to hold out when they and their proceedings come under the cognizance of the Civill Magistrate and are obnoxious to the sword which he beareth And they are these 1. Such persons as having embraced any false principles and perswasion in or about things concerning God and his worship do pursue the upholding or propagating of such principles in a disorderly manner to the disturbance of civill society
are doubtlesse under his restraining power to be acted and put forth in such wayes as to other persons running out into the same or the like compasse of disorder upon other grounds and from the instigation of other lusts The pretence of disturbance and confusion upon the bearing with differences in opinion about things commanded in Religion we before rejected as a colour fitted chiefly for the waring of persecution But actuall disturbances indeed must have actuall restraints For instance If a man being perswaded that the power of the Magistrate is in Christian Religion groundlesse unwarrantable unlawfull should thereupon stir up the people to the abolishing and removall of that power such stirrings up and such actings upon that instigation are as opposite to the Gospel of Christ which opposeth no lawfull regiment among the sons of men so also prejudiciall to humane society and therefore to be proceeded against by them who bear not the sword in vain This case we know happened once in Germany and may do so again in other places If such as these suffer it is as murderers or theeves or evill doers or busie-bodies in other mens matters which is a shamefull thing no way commendable or praise worthy 1 Pet. 4. 15. 2. If any persons whatsoever under any pretence whatsoever shall offer violence or disturbance to the professors of the true worship of God so owned established and confirmed as above said in and for the profession of that true so owned worship service and declaration of the minde of God such persons are to feare that power which is the minister of God and a revenger to them that do evill Let us suppose of them what they suppose and for their own justification and support in irregular wayes bear out of themselves that they enjoy the truth others walking in paths of their own yet then this practise is contrary to that prime dictate of nature which none can pretend ignorance of viz Do not that to another which thou wouldest not have done unto thy self If men that would not think it equitable to be so dealt with as they deal with others supposing themselves in their conditions do yet so deal with them they are {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} and do pronounce sentence against themselves out of their own mouthes This then deserveth punishment and breaking out to the disturbance of publick order ought to be punished We before proved the protection of publick places to belong to the Magistrate so that he not onely may but if he will not be false to him by whom he is intrusted he must put forth his Authority for the safe guarding and revenging of them Yea also and this rule may passe when some things in the way publickly established are truly offensive What the ancient Christians thought of the zeal of Audas a Christian Bishop who would needs demolish a Pagan Temple in Persia I know not but I am sure his discretion is not much extolled who by that one fiery act of destroying {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or Temple of slain occasioned a cruell persecution of 30. yeers continuance Theod. Eccles. Hist. lib. 5. cap. 139. 3. When any have entertained any singular opinion in matters of great weight and importance such as neerly concern the glory of God and the minds of Christians in reverence of his holy name are most tenderly affected withall so that without much horror of minde they can scarse hear those errors whereby those grand truths are opposed yet those persons who have entertained such uncouth opinions shall not be content so to have done and also in all lawfull wayes as to civill society endeavoured to propagate the said opinions to others but in the pursuit of this their designe of opposing truth shall publickly use such expressions or perform such acts as are fit to powre contempt and scorn upon the truth which they do oppose reviling it also or God himself so represented as he is in the truth they abominate with odious and execrable appellations as for instance the calling the holy Trinity Tricipitem Cerberum if the â—uestion be put whether in this case the Magistrate be not obliged to vindicate the honour of God by corporall restraints in some degrees at least upon the persons of those men truly for my part I incline to the affirmative And the Reason hereof is this Though men through the incurable blindnesse of their minds falling into error of judgement and mis-interpretation of the Word may dis-beleeve the Deitie of Christ and the holy Spirit yet that any pretence from the Word perswasion of conscience or dictate of Religion should carrie them out to reviling opprobrious speeches of that which of God is held out contrary to their apprehensions is false and remote from Reason it self For this cause Paul saies he was a blasphemer not because being a Jew he dis-beleeved the Gospel but because so dis-beleeving it he moreover loaded the truths thereof with contumelious reproaches Such expressions indeed differ not from those piercing words of the holy name of God which he censured to death Levit. 24. 15. but onely in this that there seemeth in that to be a plain opposition unto light in this not so The like may be said of a Jew's crucifying a dogge 4. There are a sort of persons termed in Scripture {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 1 Thes. 5. 14. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Act. 17. 5. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 2 Thes. 3. 2. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} 1 Tim. 1. 9. and the like disorderly vagabond wandring irregular persons fixed to no calling abiding in no place taking no care of their families that under a pretence of teaching the truth without mission without call without warrant uncommanded undesired do go up and down from place to place creeping into houses c. Now that such wayes as these and persons in these wayes may be judicially inquired into I no way doubt The story is famous of Sesostris King of Egypt who made a Law that all the Subjects of his kingdom should once a yeer give an account of their way and manner of living and if any one were found to spend his time idly he was certainly punished and the Laws of most Nations have provided that their people shall not be wanderers and whosoever hath not a place of abode and imployment is by them a punishable vagabond And in this by much experience of the wayes walking and converse of such persons I am exceedingly confirmed in I did as yet never observe any other issue upon such undertakings but scandall to Religion and trouble to men in their civill relations 5. When men by the practise of any vice or sin draw others to a pretended Religion or by pretence of Religion draw men to any vice or known sin let them be twice punished for their reall vice and pretended Religion The truth is I have been taught exceedingly to
dis-beleeve all the strange imputations of wickednesse and uncleannesse that are imposed upon many to be either the end or the medium of the practise of that communion in Religion which they do professe and imbrace I remember that when I was a boy all those stories were told me of Brownists and Puritans which afterward I found it to have been long before the forgeries of Pagans and imposed on the primitive Christians I dare boldly say I have heard stories of them an hundred times holding out that very thing and those deeds of darknesse which Minutius Felix holds out in the tongue of an Infidel concerning the Christians of those dayes but yet because sundrie venerable persons to whom Antiquity hath given sanctuary from being arraigned in the point of false testimony have left it upon record of sundry Hereticks in their dayes as the Gnosticks others that they were conjoyned into societies tessera pollutionis and some assert that the like iniquities are not wholly buried I made the supposition and hope that if they depose themselves from common sence and reason the Magistrate will never exalt them to the priviledge and exemption of Religion In these and such like eases as these when men shall break forth into disturbance of common order and enormities against the light of nature beyond all positive command of any pretended Religion whatsoever that the Magistrate ought to set hedges of thornes in their wayes sharpned according to their severall delinquencies I suppose no man not abhord of common sense can once hesitate or doubt And I am the more inclin'd to assert a restraint to all such as these because it may be established to the height without the least prejudice unto the truth though persons erring should injoy the place of authority That which now remaineth in this head to be considered is concerning persons maintaining and upholding any great and pernicious errors but in such wayes as are not by any of the former disorders to be brought under the cognizance of the Civill Magistrate but good honest allowable and peaceable in themselves not at all to be questioned but in reference to the things that are carried on in and by those wayes as communication by discourse and private preaching and the like Now concerning these it is generally affirmed that persons maintaining any error in or against any fundamentall Article of faith or Religion and that with obstinacy or pertinacie after conviction ought to be proceeded against by the authority of the civill Magistrate whether unto death or banishment imprisonment or confiscation of goods Now unto this supposing what I have written heretofore concerning the incompetency of all and the non-constitution of any Judge in this case with the Answers given at the beginning of this Treatise to the most of the places produced usually for the affirmative reserving the consideration of pressing conformity to the next head to be handled I shall briefly give in my thoughts and 1. That I cannot but observe that in the question it self there are sundry things gratis assumed as 1. That it is known and confessed what Articles in Religion are fundamentall and this also to the Magistrate when no one thing among Christians is more questionable most accounting them so be they what they will wherein they differ from others So that one way or other all dissenters shall be hooked in directly or indirectly to clash upon fundamentals In this Papists are secure who make the Churches Propositions sufficient to make an Article fundamentall 2. That the persons holding the error are convinced when perhaps they have been onely confuted between which two there is a wide difference he that holds the truth may be confuted but a man cannot be convinced but by the truth That a man should be said to be convinced of a truth and yet that truth not shine in upon his understanding to the expelling of the contrary error to me is strange To be convinced is to be over-powred by the evidence of that which before a man knew not I my self once knew a Scholer invited to a Dispute with another man about something in controversie in Religion in his own and in the judgement of all the by-standers the opposing person was utterly confuted and yet the Scholer within a few months taught of God and clearly convinced that it was an error which he had maintained and the truth which he opposed And then and not till then did he cease to wonder that the other person was not convinced by his strong Arguments as before he had thought May not a Protestant be really worsted in a Dispute by a Papist hath it not so ere now fallen out If not the Jesuites are egregious lyars To say a man is convinced when either for want of skill and ability or the like he cannot maintain his opinion to and against all men is meer conceit The truth is I am so far from this morose severitie of looking upon all erring persons as convinced that have been confuted that I rather in charity incline to beleeve that no erring person whilest he continues in his error is convinced It will not easily enter into my dull apprehension how a man can be convinced of an error that is enlightned with a contrary truth and yet hold that error still I am loth to charge more corrupt and vile affections upon any then do openly appear That of Paul affirming that some men are self-condemned is quite of another nature I think a person is said to be convinced not when there is a sufficiency in the means of conviction but when there is such an efficacy in them as to lay hold upon his understanding 5. That they are obstinate and pertinacious is also a cheap supposall taken up without the price of a proof What we call obstinacy they call constancy and what we condemne them for as pertinacy they embrace as perseverance as the conviction is imposed not owned so is this obstinacy if we may be judges of other mens obstinacy all will be plain but if ever they get uppermost they will be judges of ours Besides I know not what good it will do us or how it will advantage our cause to suppose men obstinate and convinced before we punish them no such qualifications being anywhere in the book of God urged in persons deserving punishment if they have committed the crime whereunto the penalty is annexed be they obstinate or not they shall be punished But now supposing all this that we are clear in all fundamentals that we are convinced that they are convinced and doubt not but that they are obstinate if they keep themselves in the former bounds what is to be done I say besides what we spake at the entrance of this discourse I shall as to any wayes of corporall coaction and restraint oppose some few things 1. The non-constitution of a Judge in case of heresie as a thing civilly criminall As to spirituall censures and an Ecclesiasticall judgement of
errors and false doctrines we finde them appointed and a lawfull Judge as to the determining concerning them divinely instituted so that in such wayes they may be warrantably proceeded against Revel. 21. 3. But now for any Judge that should make disquisition concerning them or proceed against them as things criminall to be punished with civill censures I conceive the Scripture is silent And indeed who should it be The custome of former ages was that some persons of one sort should determine of it as to right viz that such or such a thing was heresie and such or such a one an Heretick which was the work of Priests and Prelates and persons of another sort should de facto punish and determine to be punished those so adjudged by the former and these were as they called them the secular Magistrates officers of this world And indeed had not the God of this world blinded their eyes and the God of the spirits of all flesh hardened their hearts they would not have so given up their power to the Man of sin as to be made so sordidly instrumentall to his bloody cruelty We read Jer. 26. 10 11. that the Priests and Prophets assemble themselves in judgement and so pronounce sentence upon the Prophet Jeremy that he should dye for a false Prophet v. 12. Jeremy makes his appeal to the secular Magistrate and all the people who taking cognizance of the cause pronounce sentence in the behalf of the condemned person against the Priests and Prophets and deliver him whether they will or not v. 16. I spare the Application of the story but that Princes and Magistrates should without cognizance of the thing or cause proceed to punishment or censure of it upon the judgement of the Priests condemning such or such a man for an heretick or a false prophet blessed be the Lord we have no warrant Had this proceeding been regular Jeremy had dyed without mercy for a false prophet as thousands since standing before the Lord in his spirit have done This course then that the civill Magistrate should proceed to sentence of corporall punishment upon others judging of the fault is vile sordid unwarrantable and exceedingly unworthy of any rationall man much more such as are set over the people of the Land that the same persons must determine of the cause and appoint the punishment is clear Now who must these be are they the Ministers of the Gospel of all others they are the most likely to be the most competent Judges in spirituall causes let it then be so but then also they must be the determiners and inflicters of the punishment upon default now let them powre out upon obstinately erring persons all the vengeance that God hath betrusted them withall The weapons of our warfare are not carnall but mighty through God c. By this course Admonition Avoiding Rejection Excommunication will be the utmost that can be inflicted on them which for my part I desire may be exercised to the utmost extent of the rule 2ly shall the Magistrate be made Judge of the cause as well as of the person is he entrusted to determine what is error what not what heresie what not who is an Heretick who not and so what punishment is due to such and such errors according to the degrees wherein they are Why first I desire an institution of this ordinance in the Church where is the Magistrate entrusted with such a power where are rules prescribed to him in his proceedings 2ly is not a judiciary determination concerning truth and error I mean truths of the Gospel a meer Chruch act and that Church power whereby it is effected must not then the Magistrate quâ talis be a Church officer will men of this minde tolerate Erastianisme 3ly if there be a twofold judicature appointed for the same person for the same crime is it not because one crime may in divers respects fall under severall considerations and must not these considerations be preserved immixed that the formall reason of proceeding in one Court may not be of any weight in the other We proved before and it is granted of all that the Church is Judge in case of heresie and error as such to proceed against them as contrary to the Gospel their opposition to the faith delivered to the Saints is the formall reason upon which that proceedeth to censure if now this be afterwards brought under another sentence of another Judicature must it not be under another consideration Now what can this be but its disturbance of civill society which when it doth so not in pretence but really and actually none denyes it to be the Magistrates duty to interpose with his power 4ly if the Magistrate be Judge of spirituall offences and it be left to him to determine and execute judgement in such proportion as he shall think meet according to the qualitie and degrees thereof it is a very strange and unlimited arbitrarinesse over the lives estates of men and surely they ought to produce very clear testimonies that they are entrusted from the Lord herewith or they can have no great quiet in acting 5ly it seems strange to me that the Lord Jesus Christ should commit this Architechtonicall power in his house unto Magistrates foreseeing of what sort the greatest number of them would be yea determining that they should be such for the tryall and affliction of his own View the times that are past consult the stories of former ages take a catalogue of the Kings and Rulers that have been since first Magistrates outwardly embraced Christian Religion in this and other Nations where the Gospel hath been planted and ask your own consciences whether these be the men to whom this high trust in the house of God is committed The truth is they no sooner left serving the Dragon in the persecution of the Pagans but presently in a very few yeers they gave up their power to the beast to set up another State in opposition to the Lord Jesus Christ and his Gospel in the supportment whereof the most of them continue labouring till this very day Hae manus Trojam exigent What may be added in this case I refer to another opportunity 2. Gospel constitutions in the case of heresie or error seems not to favour any course of violence I mean of civil penalties Foretold it is that heresies must be 1 Cor. 11. 19. but this for the manifesting of those that are approved not the destroying of those that are not I say destroying I mean with temporall punishment that I may adde this by the way for all the arguments produced for the punishment of hereticks holding out capitall censures and these being the tendance of all beginnings in this kinde I mention onely the greatest including all other arbitrary penalties being but steps of walking to the utmost censures Admonitions and Excommunication upon rejection of admonition are the highest constitutions I suppose against such persons Waiting with all patience upon
them that oppose themselves if at any time God will give them repentance to the acknowledgement of the truth imprisoning banishing slaying is scarcely a patient waiting God doth not so wait upon unbeleevers Perhaps those who call for the sword on earth are as unacquainted with their own spirits as those that called for fire from heaven Luk. 11. And perhaps the parable of the tares gives in a positive rule as to this whole businesse occasion may be given of handling it at large for the present I shall not fear to assert that the answers unto it borrowed by our Divines from Bellarmine will not endure the triall we hope that spirituall quiet and inoffensivenesse in the whole mountain of the Lord which is wrapt up in the wombe of many promises will at length be brought forth to the joy of all the children of Sion 3. Sundrie other arguments taken from the nature of faith heresie liberty of Conscience the way of illumination means of communication of truth nature of spirituall things pravitious tendence of the doctrine opposed if it should be actually embraced by all enjoying authority and the like I thought at present to have added but I am gone already beyond my purposed resting place Come we in a few words to the last thing proposed wherein I shall be very brief the main of what I intended being already set down the power of the Magistrate to compell others to the embracing of that Religion and way of worship which he shall establish and set up which for the greater advantage we shall suppose to be the very same both for the things proposed to be beleeved and also practised which God himself hath revealed and requireth all men every where to embrace What is to be done for the setling and establishing of the profession of the Gospel and the right apprehension of the minde of God therein contra-distinct from all those false and erronious perswasions which in these or former dayes are or have been held forth in opposition thereunto was before declared how it is to be supported maintained protected defended safe-guarded from all oppositions disturbances blasphemings was then and there set down Now supposing that sundry persons living under the power and owning civill obedience to the Magistrate will not consent to sound doctrine nor receive in some things fewer or more lesse or greater that form of wholsome words which he holds forth and owns as the minde of Christ in the Gospel nor communicate with him in the worship which by the Authority of those words or that truth he hath as before established it is inquired what is the duty of the Magistrate in reference to the bringing of them into that subjection which is due unto and acknowledgement of the truth And to this I shall briefly give in my Answer in these following Positions 1. In reference unto us in this Nation the greatest difficulty in giving a full return to this question ariseth from the great disorder of the Churches of God amongst us were the precious distinguished from the vile Churches rightly established and Church discipline exercised that Christians were under some orderly view and men might be confidered in their severall capacities wherein they stand an easie finger would unty the knot of this quaere but being in that confusion wherein we are gathering into any order being the great work in hand I suppose under favour that the time is scarce come for the proposall of this question but yet something may be given in unto it though not so clear as the former supposall being effected would cause it to be 2. The constant practise of the Churches in former ages in all their meetings for advise and counsell to consent into some form of wholsome words that might be a discriminating tessera of their communion in doctrine being used in prime Antiquitie as is manifest in that ancient Symbol commonly esteemed Apostolicall of the chief heads whereof mention in the like Summary is made in the very first writers among them having also warrant from the Word of God and being of singular use to hold out unto all other Churches of the world our apprehensions of the minde of God in the chief heads of Religion may be considered If this be done by the authority of the Magistrate I mean if such a declaration of the truth wherein the Churches by him owned and protected do consent be held out as the confession of that truth which he embraceth it will be of singular use unto yea indeed must necessarily precede any determination of the former question of the nature and use of confessions c. so much hath of late been learnedly disputed that I shall not powre out any of mine own conceptions for the present about them in that hasty tumultuary manner wherein I am enforced to expose this essay 3. Those who dissent from the truth so owned so established so decreed do so either in lesse matters of small consequence and about things generally confessed not fundamentall or in great and more weighty heads of doctrine acts of worship and the like both agreeing in this that they will not hold communion as either to all or some parts and duties thereof which those Churches and persons who do embrace the truth so owned as before and act accordingly For the first of these or such as dissent about things of no great concernment in comparison of those other things wherein they do agree with them from whom they do dissent I am bold positively to assert that saving and preserving the Rules and qualifications set down under the second head the Magistrate hath no warrant from the Word of God nor command rule or precept to enable him to force such persons to submit unto the truth as by him established in those things wherein they expresse a conscientious dissent or to molest them with any civill penalty in case of refusall or non-submission nor yet did I ever in my life meet with any thing in the shape of Reason to prove it although the great present clamor of this Nation is punctually as to this head what ever be pretended this is the Helena about which is the great contest What I pray will warrant him then to proceed Will the Laws against Idolatry and Blasphemy with their sanctions towards the persons of blasphemers and idolaters for I must ingenuously confesse all that which in my poore judgement looks with any appearance of pressing toward Haereticidium is the everlasting equity of those judiciall Laws and the Arbitrarinesse of Magistrates from a divine rule in things of the greatest concernment to the glory of God if free from them and that these Laws I doubt will scarcely be accommodated unto any thing under contest now in this age of the world among Christians but shall I say a warrant taken from hence for the compelling of men sound in so many fundamentals as were it not for the contest with them we would acknowledge sufficient for the entertainment