we have proved it cannot do then certainly no Scandal is given by omitting such unnecessary things For this we have a parallel Instance in our Saviour's justifying his Disciples in omitting a lawful but an unnecessary Ceremony tho' injoined by lawful Authority notwithstanding the Pharisces were scandalized by it namely in omitting to wash before Meat Mat. 15. 13. Therefore it being thus lawful and necessary to omit such indifferent things in Religion as are doubtful and scandalous but yet also necessary to do and perform the essential and necessary parts of Divine Worship the Practice of Christians then in keeping to all the necessary part of Protestant Doctrin and Worship omitting only that which is in it self unnecessary and in its use doubtful and scandalous cannot justly be condemned as unlawful or scandalous for herein they do but save and improve their own Right and Liberty which they have by vertue of the Divine Law without respect to the obligation of such Laws as either restrain a necessary Duty or require an unnecessary Ceremony And the doing of a necessary Duty and the omitting an unnecessary Circumstance doth not render a man culpable of giving Scandal the Scandal may perhaps be taken or follow thereupon 3. Hence it follows that this Liberty used in Religion ss no practical Assent to a general Toleration for there being nothing in this practice granted thereby but what was an original Right antecedent and without respect to such a Toleration it cannot follow that Christians thus using their liberty in the exercise of all the Essentials of the Protestant Religion omitting only such things different and doubtful cannot be said to give any practical or 〈…〉 to the lawfulness of a general Toleration of all Religions because the ground and reason of the Exercise of this Liberty is not founded on the Toleration but both on the lawfulness and obligation of the Duty so to practise without respect to such a Toleration Much less is it any practical Assent to a supposed power in the Supream Magistrate to dispense with such Laws as are of known use and necessity to the support of the Fundamentals both of the Civil Government and the Protestant Religion for tho' we should grant that the Supream Magistrate may dispense with the observation of things indifferent and doubtful in Religion tho' injoined by Laws as well as from the Penalties imposed for omitting them and that when the supream Law of Piety and Charity require it it will not follow thence that he may dispence with all Laws that require both the profession and practice of True Religion in the Essentials of Doctrin and Worship and that prohibit Idolatry and False Religion and give a general Toleration of all Religions I hope that all true Protestants that accept their liberty only in an exemption from such things indifferent and doubtful in Religion do utterly disown the lawfulness of such a Toleration or of any such power in the Supream Magistrate to dispence with the Laws those that through Ignorance or Errour have professed any actual Consent to it are much to be pittied and blamed QUEST IV. Whether it be lawful for Subjects to Consent to the Repealing those Laws that Establish and Preserve the True Christian Religion Answ I Answer That they may not but that which hath been proved under the foregoing Questions hath anticipated much of that might be said in Answer to this for the force of this Question loseth its strength upon supposition of the Truth of the former Hypothesis and needs little to be said in Answer to it for 't is easie to see that if it be the Magistrate's Duty and so especially the Duty of the Legislative Power to maintain the True Religion 't is then their Duty to maintain those Laws that both establish and are necessary to the maintenance of it because the Magistrate's Office and Power is exerâ—ed by Laws Now those Laws are either such as require the profession practice of the True Religion or such as prohibit and punish the profession and exercise of False Religion neither of which may be lawfully repealed unless better Laws for the Security and Establishment of True Religion be first provided for by repealing the Laws that establish the profession and exercise of the True Religion the Magistrate disâ—…eth his care and regard for the Church of God and so frustrates and makes void one of the special ends of his Office and likewise betrays the Cause of Religion to the Rapine and Violence of its open and professed Enemies And then also the repealing the Laws that prohibit False Religion and Idolatry is not only an Allowance of it but a constructive setting it up at least becoming partly guilty of it Hence is that Rule in Morality Cujus manu est ne quid fiat â—i deputatur cum jain fit In whose hand and power it is that an Evil Act be not done to them 't is imputed if it be done And this Rule doth most properly respect Magistrates and those that have Power over others who are truly said to be guilty of that Evil which they are able by good Laws to prevent and do not And therefore that Magistrates ought to prohibit at least the publick profession and exercise of Idolatry and False Religion was no doubt the ground of those good Laws which prohibit the same which our Forefathers with so much zeal for the Truth of the Protestant Religion obtained against Popery and Idolatry But with what zeal for or security unto the Protestant Religion they may now be repealed I do not understand If then it be not morally lawful for the Legislative Power to repeal those Laws that establish and preserve the Protestant Religion I need not then further prove that it is not lawful for the People to consent thereunto which will thence follow But I shall conclude all by making some short Answer to Three of these Arguments which I judg are the most specious that are urged for repealing the Penal Laws and those also are of so little weight that there need little to be said in answer to them First 'T is said That the Penal Laws made against Popery have been perverted from their proper end and use against Papists to oppress and persecute Protestants for Dissenting only in matters of Circumstance and Ceremony in Religion Answ But this is not the fault of the Laws but of those that had the executive Power and was so done as now appears plainly to serve the Design of Popeâ—y then carrying on But tho' the Peral Laws have been so perverted yet seeing it appears that they are of such necessary use for the Security of the Protestant Religion against Popery they may not for that reason be repealed But as for those Laws that impose Penalties on Protestants adhering to all the essential and necessary parts of Protestant Doctrin and Worship but upon scruple of Conscience dissent in some Matters of Circumstance and Ceremony in Religion which to them are doubtful and uncertain 't is to be hoped that the Wisdom Piety and Charity of another Parliament may either give a greater latitude in the terms of Church-Communion amongst all Protestants or abate the rigour of those Laws that impose Penalties for Nonconformity only in such matters Secondly 'T is further alledg'd by some That there are some Abuses and Corruptions in Religion still remaining in the Church of England and that all those Penal Laws establish and confirm them and require full Conformity to them as to the essential part of Religion upon pain of Penalties annexed to those Laws and that therefore they should be repealed for the sake of those Abuses Answ Tho' we suppose there are Abuses and Corruptions about the Circumstances of Religion confirmed by the same Laws whereby the substantial and necessary part is confirmed yet it will not follow therefore that for the sake of those Abuses those Laws should be made void that confirm the essential part unless as we said before better Laws could first be obtained that might at least so well Secure the essential part because a lesser Evil is to be chosen to wit the burthen of those Abuses rather than a greater namely The Overthrow of the whole Frame of the Protestant Religion and the Introduction of Popery Therefore where a less-necessary Good cannot yet be attained unto there the most necessary Good already attained must be preserved Thirdly 'T is further objected That those Laws never did nor never will answer their End of bringing all Persons into an Uniformity in Religion for which they are intended And this is the main Reason given by some for Repealing them Answ To which may be answered That the same is objected by Papists against the Scriptures themselves of being the Rule of Faith that they never answered their End of reconciling Differences in Religion And indeed upon as good grounds it may be said of the Law of God That it is not the Rule of Life because it doth not attain its End of being such for that all Men will not be ruled by it But for further Answer Those Laws have attained their End so far hitherto as to support and maintain the essential and necessary parts of Protestant Doctrin and Worship against the prevalency of Popery for which end most of the Penal Laws are especially intended but that they have not also attained their end of procuring Unity and Uniformity in lesser matters relating to Modes and Ceremonies in Divine Worship hath been doubtless the too much overdoing by the Imposition of such things unnecessary and doubtful in Religion which will perpetuate Divisions to the World's end whilst they are made necessary Conditions of Communion amongst Protestants But alas either Unity or Diversity of Opinion and Practice in such matters as these are is not of that moment and concernment that some men imagine that lay so much stress and weight upon things of Ceremony and Circumstance and so little value the Substantial and Great things of Religion The principal Bond of Christian Unity is an Unity in the profession and practice of the Protestant Faith to the preservation of which those Laws are especially to be esteemed as useful and therefore should not be repealed unless better Laws conducing more effectually to those great ends of Religion can be made and provided FINIS
then the Duty of Magistrates even when they were Enemies to Christ both to believe in him and to imploy their Power for the Advancement of God's True Religion and VVorship for this they were morally oblig'd to do from the nature of their Office. And therefore Christ's imploying the Gospel-ministers in a Ministerial way doth not dissolve those Obligations that lie upon tho Magistrate by the moral Law of God to take care for the Advancement and Security of True Religion for seeing the Office of Magistracy is contiuned under the Gospel we need no New Testament-Precepts to inforce his Duty in this respect which is incumbent on him not immediately by any Gospel-precept but by a previous Obligation antecedent to the Gospel-Ministry which is moral and perpetual inherent in his very Office and Dignity that having Authority from God and being in his Stead in the world should imploy his power best for God's service and glory And as the Magistrate is not disoblig'd to promote and preserve True Religion under the Gospel from the office of the Gospel-Ministry imployed to that end neither is it disagreeable with the Gospel Dispensation that he should do so more than formerly under the Law for the difference between the Law and the Gospel doth not lie in any of the moral Obligations of Religion but chiefly in the Positive and Typical and Ceremonial part which is now fulfilled by the Coming of Christ and so done away but the moral part is still the same as under the Old Testament and those few positive Doctrines and Institutions that are peculiar to the Gospel are all included in the moral Law for the First-Table Commandments do comprehend all the Doctrines and Ordinances of the Gospel and require belief of them and obedience to them and indeed the moral Law doth comprehend the whole Duty of man for it requireth Belief in whatsoever God shall reveal and Obedience to whatsoever He shall command Now I argue thus That if the whole Law of God be the Foundation and Rule of Laws and Magistracy as we noted before then certainly the Magistrate is Keeper of both Tabâ—es of the Law or else he is Keeper of neither Hence it will then follow that all the Gospel Institutions thus included in the First-Table-Commands are under the care of the Magistracy as well as those Duties that respect the Second-Table-Commands Thus 't is very clear That the Magistrate under the Gospel is bound by the Law of God to imploy his power and care for true Religion and the VVorship of God. And if so then he ought no doubt to make Laws for the promotion and support of it for that the power and office of Magistracy is exerted by Laws to which Laws 't is necessary that there be a Sanction of Penalties upon the Breach of them for if the Magistrate have only a mandative and preceptive power in the matters of Religion and not power to inflict Penalties for the Violation of Laws he may be said to bear the Sword in vain in that respect And 't is necessary to Laws that they be backed with Penalties not only to further obedience but also to maintain the honour of the Law and the authority of the Magistrate But as to the Magistrates forcing persons to believe in Christ this he cannot do because Faith is an Act of the Understanding and the VVill but where the Faith of Christ is not generally professed he may both require the Attendance of the Person on the publick preaching of the Word and also prohibit and suppress all publick profession and practice of Idolatry and false Religion But this is not the Case in such Governments where all have taken up the profession of Christ and his true Religion at least in the speculative and doctrinal part of it and have vowed by Baptism to adhere to that Religion both in profession and practice Also where some have taken on them the Ministerial Function in the Church and thereby have obliged themselves to the Duties of the same In these cases doubtless the Christian Magistrate may according to the example of good Kings under the Old Testament require and cause by good Laws both Ministers and People to do their respective Duties in Religion and impose penalties for defections or neglects agreeable to the merit of the fault and for grievous Offences against Religion as Idolatry Heresie Blasphemy c. when they are certain and apparent may doubtless inflict corporal punishments after the example of God's own Laws And that the infliction of corporal punishments for great Offences against Religion is not disagreeable with the Gospel Dispensation appears plainly by the Examples of St. Peter Act. 5. 10. who using an extraordinary Authority above that of the Ministry did wonderfully put Ananias and Saphira to death for Sacril dge and Lying and Paul strook Elymas the Sorcerer with Blindness for opposing the Gospel Act. 13. 11. which miraculous waies of punishments were accommodated to that present state of the Church in the want of Christian Magistrates to succour and desend it who were then so far from maintaining the Interest of the Church that they were the greatest Enemies to it and Persecuters of it But yet nevertheless those Examples prove that corporal punishments for great Offences against Religion are consistent with the Gospel Dispensation Thus I hope I have sufficiently proved the power and duty of the Magistrate under the Gospel to promote and maintain by Laws the True Religion and so pass on to the Second Question QUEST II. Whether it be lawful for the Christian Magistrate to give a general Toleration of all Religions or what Liberty in Religion he ought to allow Answ TO this I answer in the Negative That he may not give a general Toleration of all Religions Put what hath been laid down aâ—d proved in Answer to the former Question may indeed serve for an Answer likewise in part both to this and the following Questions which will be easily and plainly answered in the Negative upon supposition of the Truth of the former Hypothesis namely That 't is the Duty of the Magistrate to promote and maintain the True Religion From thence it will follow that he may neither give a general Toleration of all Religions nor the Subjects Consent to such a Toleration or to the repealing the Laws that establish and preserve the True Religion That he may not give a general Toleration of all Religions I urge therefore First From the Inconsistency of giving such a Toleration with his Duty to promote and maintain the True Religion for thence it will follow that he ought not willingly at least to tolerate any but the True Religion and that he ought also to endeavour by all expedient and lawful means to suppress and exterminate all Idolatry False Religion And tho' as we noted before the Magistrate cannot force any without the Visible Church to believe in Christ yet no doubt 't is his Duty where the True Religion is not generally
people made a Law That whosoever would not seek the Lord God of Israel should be put to death 2 Chron. 15. 13. And these are approv'd for so doing whereas those Kings that took no care of Religion but did either set up Idolatry or did not suppress it are branded for such as did evil in the sight of the Lord. Object But it will be objected That what the Magistrate thus did under the Old Testament for the Cause of Religion was but the Execution of God's own Laws which he was obliged to do but that this is no Precedent for Christian Magistrates under the Gospel because those Laws are now abrogated and there are no new Laws prescribed by God under the Gospel for the inflicting of any punishments either pecuniary or corporal for any Offences against Religion and therefore the Magistrate hath no Authority to make Penal Laws for this end Answ Tho' it be granted That the Gospel prescribes no punishments for Offences against Religion and that the Judicial Law also as it was peculiar to that Nation so is not precisely binding on any Nation under the Gospel yet it will not therefore follow that Magistrates may not make Penal Laws for Offences against Religion for then upon that ground he may not make Laws for Offences against Second-Table-Commands as Murther Adultery Thâ—ft c. for the New Testament doth not prescribe any And therefore on this account some have been so wild to think that no corporal punishments should be inflicted under the Gospel by Christian men But 't is generally agreed by all That the natural and moral part of the Law of Moses to wit that which is founded on Reason and Moral Justice is still obligatory on all Nations and 't is certain that a great part of the Judicial Law is but an Exposition and Enforcement of the natural and moral Law of God Hence most of the Penalties inflicted by that Law for Offences against any of the Precepts of the moral Law we may find that the reason and ground of the Penalty may in many things be drawn from the moral nature of the Crime as well as from the Will of God prescribing the kind of Penalty Now it cannot be denied that where the reason and ground of the Penalty for such and such Offences is natural and moral there those Penal Laws are so far still in force that they remain on Record both as Precedents and Engagements on all Nations to make Laws in conformity to them And surely where we cannot so clearly see the reason of the penalty yet where the Offence against the Law of God is the same there the Will of God imposing penalties for such and such Offences against his Law is the best Rule and Pattern for the Laws of all Magistrates in the world Now If the Abolition of the Jeuish Pedagogy and their Civil State for which these Penal Laws were more peculiarly adapted doth not null the power of the Christian Magistrate to make Penal Laws for the Violation of Second-Table-Commands as for Murther Wheredom Theft c. Why should it any more null his power to make Penal Laws for the Violation of First-Table-Commands as for Idolatry Superstition Blasphemy c. for the First-Table-Commands have still the precedent Obligation to the Second and the Violation of them have the same moral Obliquity and Guilt as under the Law Therefore Laws to punish those Sins have the same Reason and moral Justice in them as the other Hence it will follow that Magistrates are under equal Obligations to impose such Laws as the other Object But it will be further objected That Jesus Christ hath only appointed under the Gospel the Ministry of the word which is the Spiritual Sword for the propagating and maintaining the Christian Religion And Men are invited to believe and embrace this Religion upon free Choice and Election and upon principles of pure Conviction and Conscience and not compelled or forced to it by the power of the Sword and that 't is not agreeable to the Gospel Dispensation that the Christian Religion should be promoted by a Temporal power or men punished for disobedience to it Answ For answer this mistake of denying the Authority of the Civil Magistrate in the matters of Religion comes to pass by not distinguishing between those two distinct Offices viz. of the Ministry and of the Magistracy which are Offices of a different Order that have each their peculiar Properties and Imployments tho' both to the great and general end of the Glory of God and also the Good of the Church The Ministerial Office is properly founded on Christs Commission as Mediator of the Church to whom are committed the Keys of the Kingdom of Heaven both of Doctrin and of Discipline but the Office of the Magistracy is of another Order and founded on God's Law as he is Rector of the World to whom is committed the Sword of Justice and that not only between man and man but between God and man. Magistracy therefore is not properly a Gospel but a moral Institution Now as the Gospel doth not abrogate but on the contrary doth establish the Obligations of the moral Law Rom. 3. 13. so by consequence it doth not null either the Office or any part of the moral Duty of the Office of Magistracy but on the contrary doth ratifie and confirm it as it doth all other matters of moral Duty and Religion 'T is true also that our Saviour only appointed the Ministry of the Word for the propagation of the Gospel for he came into the world in the quality of a Prophet and Minister and so propagated his Religion and in that Capacity commissionated and sent forth his Apostles and Gospel-Ministers He did not intermeddle with the Office of the Magistracy but left that to stand on its own bottom as founded on the Law and Ordinance of God for tho' he were a King yet his Kingdom were spiritual and not of this world and therefore as he took not the power of the Temporal Sword himself as he might have done upon Divine Right so he gave no such power to any of the Ministerial Order And we find also that God Almighty in whose power are the Hearts of Kings and Magistrates did not use their Power and Authority for the promotion and advancement of the Christian Religion at the first which he might have done by effectually calling and converting them by his Grace as well as others and so inclining their Hearts to improve their Power and Office for his Glory as was their Duty to do but he did not and that no doubt in great wisdom that so the Gospel being propagated by such weak and contemptible Instruments as the Apostles were without the concurrence of the Civil Power yea and against such great opposition from them might be given to the world one of the most convincing Evidences that could be of the truth of the Christian Religion But it doth not follow thence but that it was