Gods Holy Mind Touching Matters Moral, Tract 2 · Part 59 – Part 64
Now some Obiections are to be answered, made by Papists, against the power of Princes in the matter of Religion. First they obiect
Obiection. 1 Isai. 60.10. Kings shall come and serue the Church in the time of the New Testament: therefore the Church is not to be subiect to Princes, but they to it: and so Princes hauehave no power to order any thing in the matter of Religion.
Quest. How is this to be answered?
An. Thus; in the Church there be two things; the persons of men and the things of God: Princes are subiect to the Church, not in regard of the persons of men, though they be beleeuers, but in regard of the things of God: as the Word, Sacraments, Faith, and such like: and so this makes not against Princes power to make good and wholesome Lawes, for the maintenance of the Truth of Religion, and the pure worship of God.
Obiection. 2 Kings and Princes are as sheepe, and Ministers and Pastors Sheapheards; therefore Princes are vnderunder Ministers, and so they hauehave no power to order any thing in matter of Religion; and they may not take on them either to reforme, or to remoue such Ministers as faile in their administrations.
Quest. How is this to be answered?
Ans. Thus; Kings and Princes are as sheepe, not in regard of the persons of Ministers, but in regard of their Ministrie; and yet not simply in regard of that, but only so farre as the Word is rightly taught, and the Sacraments duly administred: and Ministers in regard of their persons are subiect to their owne Princes, and their Princes in regard of their gouernment are Shepheards ouer them, Isa. 44 28. therefore Princes hauehave power either to reforme or remoue such Ministers as faile in their administrations.
Quest. How farre is the inferiour Magistrate carefully to promote and to aduance true Religion, and the pure worship of God, and to discountenance the contrary?
Answ. Both in his owne person, and also as much as hee may in all that be vnderunder his power and authority.
Quest. How is the inferiour Magistrate to promote and aduance true Religion and the pure worship of God, and to discountenance the contrary in his owne person?
Answ. Thus; by taking notice of true religon himselfe,Psal. 2.10.11.12. Psal. 148.11. and by imbracing it, and practising it in his owne person, according to his place and calling.
Quest: How is the inferiour Magistrate to promote and aduance true Religion, and the pure worship of God, and to discountenance the contrary in those that bee vnderunder his power and authoritie?
Answ. Two waies.
Quest. What is the first of those?
Answ. This;Nehe. 13.10.11.14.17.25.28. by a diligent and carefull ouerseeing of his vnderunder Officers, he being one that hath Officers vnderunder him, and by looking to them that they p…rforme their duty in promoting true Religion, and the pure worship of God, and in discountenancing the contrary, so farre as concernes them in their Places and Offices; encouraging the good and faithfull, and discountenancing, reprouing, and censuring such as be carelesse and negligent, according to their faults and offences.
Quest. What is the second way by which the inferiour Magistrate is to promote and aduance true Religion, and the pure worship of God, and discountenance the contrary in those that bee vnderunder his power and authority?
Isa. 22.21.22. Iere. 38.4.6. Micha. 3.2. Rom. 13.3.4.Answ. This; by executing duly and impartially those good Lawes and Orders that are established for the maintenance of true Religion, and the pure worship of God, to his vttermost power, so farre as concernes him in his owne place and Office, to the countenancing of good causes of Religion and religious persons; whether Ministers or others: and to the discountenancing and repressing of bad and wicked causes and persons; as Heretickes, Idolatours, Blasphemers, and such like.
Quest. What is the second way by which the Magistrate is to vse and apply his gifts, and his power, and authority in that Place and Office which he holdeth in the common wealth, for the best good of his Subiects, and of those that be vnderunder his power and authority?
Answ. This; by a carefull prouiding for the peace and safety,Rom. 13.4. 1 Tim. 2.2. and quietnesse, and outward welfare of his Subiects, according to his place and power; the chiefe Magistrate according to his place and power, and the inferiour Magistrate according to his.
Quest. How is the chiefe Magistrate, the supreame gouernour, to prouide for the peace, safety and quietnes, and outward welfare of his Subiects?
Ans. Thus; by vsing his power, both for the establishing and the setling of peace and quietnes amongst his Subiects; and for the establishing of their outward welfare: and also for the keeping and maintaining of their peace and quietnesse, and outward welfare; and for the preseruing of it from all disturbance.
Quest. How is the chiefe Magistrate to vse his power for the establish ng and setling of peace & quietnesse amongst his Subiects, & for the establishing of their outward welfare?
Answ. Thre… waies.
Quest. VVhat is the first of those?
Answ. This;Isa. 10.1.2. Psal. 122.3. by making such good and wholesome Lawes in his Kingdome, as serue to settle vnitie and concord, and equitie and iustice amongst his Subiects; and by seeing those Lawes duly executed, that eueryevery one of his Subiects may (as much as is possible) hauehave his right, and that which in equitie and conscience belongs to him; and that none of them be any way in body, goods, or name, wronged or oppressed.
Quest: What is the second way, by which the chiefe Magistrate is to vse his power for the establishing and setling of peace and quietnesse amongst his Subiects; and for the establishing of their outward welfare?
Answ. This;Exod. 18.21.22 2 Sam 8.15.16.17.18. 2 Chro. 19.5.6.7.11. by a wise and carefull choice of his vnderunder goue…nours, both in time of peace and in time of warre; looking that they be qualified as they ought to be; that they be men of courage, fearing God, dealing truly, and hating couetousnesse.
Quest. What is the third way, by which the chiefe Magistrate is to vse his power for the establishing and setling of peace and quietnesse amongst his Subiects; and for the establishing of their outward welfare?
Answ. This;1 King. 1.12. P…o. 16.14.15. Pro 20.26. Rom. 13.3.4. by putting downe the wicked enemies of peace, & by maintaining and defending the quiet, and peaceable, and innocent that seeke to him for succour.
Quest. How is the chiefe Magistrate to vse his power for the keeping and maintaining of peace and quietnesse: and for the preseruing of the outward welfare of his Subiects?
Answ. Three waies.
Quest. What is the first of those?
Answ. This;1 Sam. 8.11.12. to 20. by requiring only so much outward helpe and support from his Subiects, as is meete and necessary for the maintenance of his estate, either in the time of peace or warre;1 King. 12.14. not oppressing them with exactions and grieuances.
Quest. What is the second way by which the chiefe Magistrate is to vse his power for the keeping of peace and quietnesse, and for the preseruing of the outward welfare of his Subiects?
1 King. 5.4.5.6. 1 Chro. …9.19.Answ. This; by making lawfull Leagues of friendship and peace, with his neighbour Princes and Gouernours.
Quest. What is the third way, by which the chiefe Magistrate is to vse his power for the keeping and maintaining of peace and quietnesse, and for the outward welfare of his Subiects?
I…dg. 4.14. 2 Sam. 20.6.7. 2 King. 18.7.8.Answ. This; by standing for the libertie of his Kingdome and Subiects, if neede be, by force of Armes, by fighting for it; either for the defending of it against the seditious and rebellious within his Kingdome and Dominions; or against the common forraigne enemies of it; or for the recouering of it againe being lost.
Question. How is the Inferiour Magistrate to prouide for the peace and safety, and quietnesse, and outward welfare of his Subiects, and such as be vnderunder his gouernment?
Answ. Foure waies.
Quest. VVhat is the first of those?
Nehem. 5.1.2.3.4. to 15.Answ. This; by a diligent and carefull ouerseeing of his vnderunder Officers, being one that hath some vnderunder him; looking to them that they performe the duty that concernes them, touching the peace and safety, and quietnesse, and outward welfare of men where they hauehave to doe: that they deale iustly and truly, and equally, betweene man and man; and that they wrong no man in any cause or matter which they hauehave to deale withall: encouraging the good and faithfull, and discountenancing, reprouing, and censuring such as bee carelesse and faulty according to their off…nces.
Quest: VVhat is the second way, by which the Inferiour Magistrate is to prouide for the peace, and safety, and quietnesse, and outward welfare of his Subiects, and such as be vnderunder his gouernment?
Deut. 1.13.15. Num. 11.16. Act. 24.19.Answ. This; by acquainting himselfe with the good Lawes and Customes of the Land and Kingdome where hee holdeth his Office; and by being skilfull in all those causes that shall come before him: that he may wisely rule and gouerne all sorts of men that he hath to deale withall; and may wisely apply his knowledge to eueryevery particular occasion.
Question. VVhat is the third way, by which the Inferiour Magistrate is to prouide for the peace, and safety, and quietnesse, and outward welfare of his Subiects, and such as bee vnderunder his gouernment?
Answ. This; by admitting willingly all iust complaints,2 Sam. 15.3.4. Pro. 18.17. Leuit. 19.15. Deut. 1.16.17. Deut. 16.18.19 Iudg. 19.30. 1 Sam. 8.3. Pro. 17.23. Isa. 1.23. Hose. 4.18. and taking notice of all agrieuances that are brought before him: throughly examining them by all due circumstances; and hauing so examined them, by putting difference betweene good and bad causes, and persons; and deciding those causes so examined, vncorruptly; giuing iust iudgement without partiality or respect of persons: and without receiuing of bribes and gifts to peruert iudgement.
Some particular cases.
Quest. Is it vnlawfull for a Magistrate to receiue any gift at all, in respect of the causes and controuersies of men that hee is to deale withall?
Answ. Aduocates, Counsellours and such like,2 Sam. 15.3.4. Pro. 18.17. Leuit. 19.15. Deut. 1.16.17. &c. may lawfully take their fees, so as they exact no more then is due to them; for they are but pleaders, not giuers of sentence: and Iudges also may lawfully take their set fees that are allowed them in eueryevery cause, and that publike allowance that is appointed them, (Nehem. 5.14.18. Nehemiah was allowed though he tooke it not) but not any gift ouer and aboue to peruert iudgement.
Quest. May not a Iudge take a gift ouer and aboue his publike and set allowance, to giuegive iust iudgement in a case that he hath to deale withall?
Answ. A gift is not to be giuen to a couetous Iudge,Act. 24.27. Pro. 21.14. ouer and aboue his set fee, to moue him to giuegive right iudgement in a good cause; but to a Iudge that is carried on with rage and furie, and stird vp in some other respect against right and equity, a gift may be giuen ouer and aboue his set fee, to pacifie his anger, and to moue him to giuegive iust iudgement. Hester by her banquet pacified the King,Hest. 5.4. Hest. 7.1. yet the Iudge is faulty that so taketh a gift ouer and aboue his publike and set fee; because hee ought to giuegive iust and right iudgement without it.
Quest. Is a Iudge to giuegive sentence of Death against an innocent party, being cast by false euidence, and found guilty of murther, or the like by false witnesses, if he himselfe know the partie to be innocent or no?
Answ. No, he is not in this; the iudge ought rather to giuegive ouer his Office and dignitie,1 King. 21.9.10. to 15. Pro. 24.11.12. if there be no other way to deliuer the innocent, then to giuegive sentence against him and to be guilty of his blood: if priuate men neglig…nt herein be condemned,Ioh. 19.4. much more the publike Iudge Pilate, who condemned Christ by false witness…s, when he knew him to be innocent.
Obiection. A Iudge is to informe his conscience by his priuate knowledge in things that concerne his owne particular: but in publike matters he is to take his information by publike euidence: and therefore he may condemne an innocent partie, being found guilty of murther or such like; though he himselfe know him to be innocent.
Quest. How is this to be answered?
Answ Thus; a Iudge is to take his information in publike matters, by publike euidence, if it bee not against the truth knowne to himselfe; but if it be, then he is not to giuegive sentence according to that euidence: for so doing, he sinn…th against his knowledge and conscience.
Obiect. The Iudge that giues sentence of Death against an innocent partie found guilty by publike euidence; he knowing him to be innocent doth not put him to death, but they which accuse him and witnesse against him.
Quest. How is this to be answered?
Answ. Thus; though false accusers and witnesses are the chiefe in this action, yet the Iudge is accessary because hee consenteth to them: otherwise Pilate that washed his hands and …new Christ to bee innocent, had not sinned in condemni…g Christ.
Obiection. The Iudge that followes not his euidence though false, iudgeth against Law; and therefore he may condemne the innocent partie, being cast by false witnesses.
Quest. How is this to be answered?
Answ. Thus; he that acquitteth an innocent party cast by false witnesses, goeth not against the intendment of the Law which would hauehave no innocent party to be condemned; but false witnesse to be punished.
Quest. What is the fourth way by which the inferiour Magistrate is to prouide for the peace, safety, quietnesse, and outward welfare of his Subiects, and those that be vnderunder his gouernment?
Answ. This; by seeing or taking order,Iosh. 7.24. Rom. 13.4. that due & seasonable execution be done on offenders & malefactors, according to the iudgement passed on them; for otherwise Lawes are in vaine, and iudgement according to the Lawes: if they be not put in execution.
Quest. What is the third way, by which the Magistrate is to vse and apply his gifts, and his power, and authority, in that place and Office which hee holdeth in the Common wealth; for the best good of his subiects, and of such as be vnderunder his gouernment?
Answ. This; by a careful procuring of ciuill honesty, good manners, and good order amongst his subiects,1 Tim. 2.2. according to his place and power: the chiefe Magistrate according to his place, and the inferiour Magistrate according to his.
Quest. How is the chiefe Magistrate to procure ciuill honestie, good manners, and good order amongst his subiects?
Answ. Thus;Rom. 12.17. Phil. 4.8. Eccles. 5.8. 1 King. 15.12. by making such good lawes and Orders in his Kingdome, as serue to maintaine ciuill honesty, good manners, and good order amongst his subiects; and to inhibite and put downe all things that are contrary thereunto; and by seeing those Lawes and Orders duly executed; looking to it as much as is possible, that his Subiects walke orderly, being eueryevery one imployed according to his ability in some honest and lawfull calling: and that all lewd persons and practices, and all occasions of lust and vnthriftinesse be remoued; as stewes, houses of filthinesse, houses of gaming, and the like.
Q. How is the inferior Magistrate to procure ciuill honesty, good manners, & good order amongst such as be vnderunder his gouernment?
Answ. Thus; by executing duly and impartially, both by himselfe & by such as be in office vnderunder him, good Lawes & duplicate page duplicate page orders made for the maintaining of ciuill honesty, good manners and good order amongst those that be vnderunder his gouernment; and for the inhibiting and putting downe of those things that are thereunto contrary: for the inferiour Magistrate is as the hand of the chiefe Magistrate, & good Lawes and Orders are to no purpose, if not executed by such as are put in trust.
Quest. Wherein stands the execution of good Lawes and Orders made for the maintaining of ciuill honesty, good manners, and good order, and for the inhibiting and putting downe of things contrary therevnto by the inferiour Magistrate?
Answ. In three things.
Quest. What is the first of those?
2 Thes. 3.10.11 12. Iob. 30.5.6.7.8.Answ. This; In setting such poore persons as be lustie and strong to worke, and not suffering them to be idle, and to make begging and wandring their trade of life; but punishing them according to Law, if they bee found roauing and wandring; and in seeing that no maintenance or allowance be giuen to such without punishment, vnlesse they will settle themselues to some honest labour and imployment.
Quest. What is the second thing wherein stands the execution of good Lawes and Orders made for the maintaining of ciuill honestie, good manners, and good order; and for the inhibiting and putting downe of things contrary thereunto, by the inferiour Magistrate?
Deut. 15.7.8. to 13. Iob. 29.13.14.15.16.Answ. This; in taking order that such persons as be aged, or weake, or be blind, or lame, and not able to labour: or such as hauehave strength of body and vse it, and yet cannot earne so much as to maintaine themselues and their Families, bee in some compleat sort helped and relieued; that they bee not constrained to begge their bread.
Quest. What is the third thing, wherein stands the execution of good lawes & orders made for the maintaining of ciuill honesty, good manners, & good order; & for the inhibiting & putting down of things contrary therevnto, by the inferiour Magistrate?
Leuit. 18.24.25.27.28.29. Deut. 23.17. 1 Sam. 2.22.Answ. This; in seeing as much as possibly he may, all lewd persons and practices, & all occasions of filthynes & vnthriftinesse remoued: as stewes, houses of filthynesse, and houses of gaming, and such like.
Now to that relation of certaine persons of superioritie and inferiority, in the Common wealth, which is in regard of age.
Quest. What is that relation of certaine persons, either of superiority or inferiority in the Common wealth, which is in regard of age?
Ans. It is that which is betweene persons more auncient in yeares, and persons that are younger in yeares.
Of these seuerally: and first concerning persons younger in yeares.
Quest. Wherein stands the due respect, and due carriage of persons younger in yeares, towards those that are more ancient, in regard of their yeares?
Answ. In yeelding two things to them.
Quest. What is the first of them?
Answ. This; reuerence both in heart, word, and deede;Leuit. 19.32. Iob. 30.1. Isa. 3.5. 1 Tim. 5.1.2. esteeming reuerently of them in regard of their age, as a print of Gods Eternitie; and shewing forth their reuerent opinion of them, by giuing them titles of reuerence due to them in their place; and by giuing them the vpper hand, by bowing to them, by rising vp before them, and the like.
Quest: What is the second thing that younger persons are to yeeld to those that are more auncient, in regard of their yeares?
Answ. This; modest behauiour towards them,Iob. 32.4.6.11.16.17. Tit. 2.6. 1 Pet. 5.5. not presuming to speake before them in matters of waight, but keeping silence till they hauehave spoken.
Now touching persons more auncient in yeares.
Quest. Wherein stands the due respect and due carriage of persons more auncient in yeares, towards persons that are younger in yeares?
Answ. In yeelding two things to them.
Quest. What is the first of those?
Answ. This; good aduice, counsell and direction,Iob. 32.7.9. 1 King. 12.6.7.8. Tit. 2.4. as occasion is offered; aged persons must wisely aduise, counsell & direct younger persons in good things, as occasion is offered.
Quest. What is the second thing that persons more auncient in yeares, are to yeeld to persons younger?
Pro. 16.31. Isa. 65.20. Tit. 2.2.3.Answ. This; good example: aged persons are to giuegive good example to younger persons, and to goe before them in a wise, sober, graue, and holy conuersation.
Now to that relation of certaine persons, either of Superiority or Inferiority in the Common-wealth, which is in regard of gifts.
Quest. What's that relation of certaine persons either of Superiority or Inferiority in the Common wealth, which is in regard of gifts?
Answ. It is that which is betweene such as hauehave good gifts of mind or body, or other outward good gifts; and those that want those gifts, or are inferiour to them in gifts.
Of these in Order: and first of those that want gifts, or are inferiour to others in gifts.
Quest. Wherein stands the due respect, and due carriage of those that want good gifts, or are inferiour in gifts towards those that hauehave good gifts of minde or body, or outward good gifts?
Answ. In yeelding two things to them.
Quest. What is the first of those?
Answ. This; an acknowledgement of their good gifts, and a reuerent regard of them for the same,Gen. 41.38.39. Dan. 4.6. Mat. 3.11. 1 Pet. 3.15. according to the measure of their gifts, & according to the excellency & kinde of them: as they are more reuerently to respect those that hauehave good gifts of minde, and the graces of Godsspirit in them, then those that hauehave only good gifts of body or outward good gifts; though they also are to be respected in regard of those good gifts.
Quest. Are men to bee reuerenced for their riches and outward good gifts?
Luk. 16.9. Pro. 3.9. 1 King. 18.3.4. Luk. 7.4.5.Answ. Not simply for their riches & outward good gifts, but for the right vse of them; and as they are made instruments to vphold and maintaine vertue.
Obiection. To honour rich men, is to hauehave the faith of Christ in respect of persons which is forbidden. Jam. 2.1.2.3.
Quest. How is this to be answered?
Answ. Thus; the Apostles meaning is, that men ought not to preferre riches before piety; and hee there disswades Christians from honouring rich men being vngodly; and despising and reiecting godly poore men because they are poore.
Quest. What is the second thing that those that want good gifts, or any inferiour to others in gifts, are to yeeld to those that hauehave good gifts of minde, and the graces of Gods Spirit?
Answ: This; imitation of their good gifts,1. Sam: 9.9. Ioh: 4.19.20. to 27. Philip: 4.9. and making a a good vse of them to themselues: they are to imitate the vertues and graces that are in others, and to labour for them in themselues.
Now touching the persons that hauehave good gifts of minde.
Quest: Wherein stands the due respect and due carriage of such as hauehave good gifts of minde or body, or outward good gifts towards those that want those good gifts, or are inferiour to them?
Answ. In vsing those good gifts to the glory of God,Rom: 14.7. Rom: 15.1. 1. Cor: 12.7. and to the greatest good of those that want them; not lifting vp themselues aboue their brethren, but bending down, and applying their gifts to the best good of others: thus men are to vse their wisedome, their knowledge, their strength, their wealth and such like.