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The Power of the Civil Magistrate in Matters of Religion · Stephen Marshall

The Power of the Civil Magistrate in Matters of Religion, Sermon

THE CIVIL MAGISTRATES POWER IN MATTERS OF RELIGION PROVED.

1 Tim. 2.2.

That we may Lead a quiet and peaceable life in all Godlinesse and Honesty.

The Observation is this.

WHen Civil Magistrates themselves are brought to the knowledge of the truth, Observation.they will make it their great Care, that the people of God under them may live a peaceable life in all Godlinesse and Honesty.

It is the end why the Apostle exhorts the Saints to pray for them, and it is to be believed that God would not direct his people to beg for that in order to their office, which doth not belong unto their office.

Objection. True, If any will be Godly, the Magistrate must provide that they may live peaceably and quietly, Objection.as if men be married, Learned, &c. the Magistrate must provide, that such may live quietly: this is the meaning and no more.

Answer. Will any say the same of the Second, viz. Honesty, that if men will be honest, Answer.the Magistrate must provide they may live peaceably? Is it not true [who dare deny it] that the Magistrate is bound to provide that men live honestly in matters of the second table? to make lawes about it and see to the execution of them: why then must he not provide for Godlinesse, under the first table; the Holy Ghost hath joyned them both together in the Text.

Caution. I mean not when Magistrates are Godly then they must begin to doe this as if it were not their duty, or they had not power before [Dommum non sundatur in gratia] but he is not qualified to Cause this before.

The married man converted, is bound to endeavour the Conversion of his wife and children, he will now seek it; being converted he is qualified for it, but it was his duty to seek the spiritual good of his wife and children before. So here

In the Doctrine, are three parts of the Magistrates duty.

First, Publike peace, 2. That the people live in honesty. 3. Godly. The two first there are none have doubted of, but the third is the question of our times. To make way to it, I shall lay down this Conclusion as the Foundation of what shall follow.

That, Civil Magistracy is a Divine Institution: therefore, First, God hath appointed some to rule, and some to obey. Secondly, He hath given them rules about their Laws, that they be conformable to his mind.

Thirdly, In the Execution of them the Magistrate is Gods Vice-gerent.

Fourthly, He is accountable to God for his Office.

This Foundation being layed, Two Questions will here arise.

1. Q. Whither the Lord hath Committed to these Magistrates the Care of Religion?

2. Q. If so, what he hath committed to them in this behalfe?

To the first I answer affirmatively, and thus I prove it.

First out of my Text: he must take Care that is people live in all Godliness. To whom the End is committed, to him the Media are Committed; none can deny this: If godliness the End, then all the means to this end he must take care for.

Secondly, From all the examples in the Old Testament; Why Magistrates under the Old Testament should be types more of Christ in matters of Religion [belonging to the first Table] then in matters of justice [belonging to the second Table] I know not. [Non distinguendum est ubi Scriptura non distinguit] What ever colour they turn for the Kings of Israel, David, &c. who in some things were types of Christ; yet this cannot be said of the Heathen Kings, Cyrus, Artaxerxes, for whose care in this matter the Church blessed God, Ezra 7.27.

Though we infer not that Magistrates under the New Testament, are bound to doe in every particular as they did; yet as they did set up the worship of God, and all means tending to godliness under the Old Testament, so must ours now set up the worship of God and the means tending to godliness under the New Testament.

Thirdly, I prove it from Gospel-promises under the Old Testament of Magistrates what they should be under the New Testament, Isa. 49.23. And Kings shall be thy nursing fathers, &c. so Isa. 60.10. And their Kings shall minister unto thee. Now if God promise that Magistrates shall be such nursing fathers, then they ought to endeavour to be such.

To which may be added the exhortation to Kings, Psalm 2. and Psalm 24. As Kings, they must open the gates to Christ.

Also the threats against such as will not serve the Church, Isaiah 60.12. For the Nation and Kingdome that will not serve thee, shall perish; yea those Nations shall be utterly wasted.

Fourthly, Because Jesus Christ as Mediator, hath the Kingdom and the power; He is head and ruler over all for the Churches good, Eph. 1.22. Therefore all being under him, must be subservient to him and his ends, Prov. 8.15, 16.foreign By me Kings reign, &c. which is meant of Christ, v. 23. I was set up from everlasting. The Hebrew word is the same with Psalm 2.6. I have set [anointed] my King. Vnctus, regno inauguratus sum, Princeps constitutus sum.

Fifthly, From the fourth Commandement; Thou, nor thy son, nor thy daughter, &c. nor the stranger. Every one that hath others under him must see that they keep the Sabbath. And therefore the Magistrate (as did Nehemiah) if the time for the worship belongs to the Magistrate to take care of, then likewise he must take care for the worship it self.

Sixthly, If the flourishing of Religion be the safety of the Commonwealth [as may be abundantly proved from Scripture & experience] then Magistrates must take care of matters of Religion. The Heathens care about their Religion will prove this; and the Scriptures show how Idolatry hath broken all Empires.… Chro. 15.3, 4, 5, 6, If all other professions, Physitians, Lawyers, &c. must come under the Magistrates power and care, because of the interest of the Commonwealth, then much more matters of Religion; because miscarriages in those, reach but some particulars; but miscarriages in matters of Religion reach all, and are of a more dangerous consequence.

Seventhly, If Magistrates must not meddle in matters of Religion, then the Ordinances & Acts made by Parliaments about the Sabbath, for propagation of the Gospel, with Acts and Committees for like businesses, your Fasts, Thanksgivings, are all unjustifiable proceedings if not horrid usurpations; yea the professed desire of this present Parliament held forth to all the world in the late Declaratioin of July, 12. 1653. is a vain and empty thing [to say no worse of it] the words are these, Page 6, That in all we may be fitted and used as instruments in the hand of God, for more full and clear revealing of the Lord Jesus, and for the right promulgation of his blessed Gospel, and for the true interest of his Kingdome and advance thereof in the hearts of men, by reall true goodness, righteousness, peace and joy in the holy Ghost. Now if you were right you would doe as Theodosius, you would Hoc agere.

The second Question: What Care hath God Committed to the Magistrate in the matters of Religion?

This is a harder question: two extreams we commonly find. First, Some give too much, all must be ad nutum Magistratus. Secondly, Some give too little; as if no Care at all did belong to the Magistrate, but he must give Liberty to all. Woful experience teacheth when Magistrates doe meddle with Religion, they either meddle with what they should not, or neglect what is enjoyned them by God. But I will bring my discourse to two heads; shewing, First, what the Magistrate must not do. Secondly, what he must do.

What the Magistrate must not doe.

First, Magistrates must not doe what is good in their own eyes: Your wisedome, reason, and will, must not be the rule of your proceedings herein, but the revealed will of Christ, by which you are to be guided, Deut. 17.18. when the King sitteth upon the throne of his Kingdome, he shall write him a Copie of this Law in a book, &c. Nor may Magistrates prefer reasons of State [as they are called] before reasons of Religion held forth in Gods word.

Your wisdome and reason in matters of the Commonwealth is regula regulans, but in matters of religion, regula regulata: every pin of the Tabernacle was appointed.

Secondly, Nor are they to give themselves up to follow the Dictates of other men whatsoever, till the Word show it to be their duty: they are to inform themselves from the Word, Deut. 17.18. [This head was improved against the Popish Clergy, who binde the Civil Power to execute what they determine.]

Thirdly, Nor do I find a warrant for Magistrates to compel any to the profession of truth, Psal. 110. His people a willing people. To Order what men shall believe, is to exercise Dominion over mens Consciences: It is One thing to cause the people to attend the means, and another to make them believe the truth, the first they must doe, but not the second: Faith is Gods gift. It is one thing to hinder Idolatry, and blasphemy spreading, another thing to make people renounce an opinion, and embrace the truth.

Sed nec religionis est cogere religionem, quae spontè suscipi debeat, non vi. Tertul. ad Scap.

Nova & inaudita est ista praedicatio, quae verberibus exigit fidem, Greg.

Fourthly, neither may Magistrates deprive the Lords people of any one of the priviledges he hath bought with his blood: in civils, when reason require, they may; but not in religion. What he hath left indifferent, they must leave indifferent; as if the Lord should appoint his servants such cloths, colours, dayes, &c. and the steward hinders, the steward is now a Lord, not a fellow servant.

Fifthly, Nor must the Magistrate deny that Indulgence, Toleration, to all the Lords people, in their weaknesses, whither of Iudgement or Conversation; which Christ would have his Saints exercise one towards another.

Now I come to the second question, Positively, what must they Doe?

General rules.Answ. I will lay down two general rules; then I will come to some particular rules. The general rules are these,

First, As all men in their Callings must order their businesse so, as the way to heaven may be most promoted in themselves and those which relate unto them: So the Magistrates in ordering and regulating the peace, trade, and all interests of the Commonwealth, are to doe it so, that all be subservient to Christs great Interest, that his people may be promoted in their way to eternal life. This is like to Christ: Eph. 1.22. who is head over All things to the Church.

Secondly, To take Care that all the Lords Institutions be Observed; what he hath appointed to be done, they must see it done. The Heathen King hit it right, Ezra 7.23. Whatsoever is Commanded by the God of Heaven Let it be diligently done.

They are to look to the preservation and restauration of Religion: as the Physitian either aimes at the preservation, or restauration of health. And in subserviency to these, to come to particular rules.Particular Ruler.

First, they are to doe as Jehoshaphat, 2 Chron. 17. and Hezekiah 2 Chron. 29. That sent forth according to Gods Order, approved, faithful Ministers; by whom truth of religion, puritie of worship, wayes of holiness, may be published, inculcated, and whatsoever is contrary to sound and wholesome doctrine, and Godlinesse, may be discovered, confuted, reproved: and with the same Hezekiah 2 Chron. 30. they are to speak comfortably to those who teach the good knowledge of the Lord.

Secondly, In order to this, they are to erect, maintaine, Schooles, and Universities, and to allow unto the Ministers, honourable maintenance it being Gods expresse Ordinance, 1 Cor. 9.…4▪ that they which preach the Gospel should live of the G…spel. They are Nursing fathers, then they must provide bread.

Q. Whence or how shall this maintenance rise, and be provided shall they who may not compell men to the faith, compell them to maintain Ministers to preach the faith?

Answ. The publique provisions by Glebes, Tythes,Here he tooke hold of something which Mr. Williams [though an enemy to the Ministry] had granted in one of his books. and such publike stipendia already setled by law, whereof the magistrates are the publike Feoffees, and which are not the peoples [and for which going and issuing out of their lands and labours, consideration is had, and abatement made in all purchases and letting of lands, as for a Rent charge, or rates for the poor, and therefore no more to be counted burdensome or oppressing, nor contention to be made about them, then any the forementioned charges.] These if good order were taken to see them paid, would go very far to help, and what is lacking the Magistrates cannot want means to maintain the Ministers of the Gospel, more then the Ministers of State, if there be a will to it: we see you can doe it to whom you please.

Thirdly, They may Command and Order the people to come and attend upon the Ministry of the Word, as the means instituted by Christ for their instruction to salvation. It is one thing to order them what they shall believe, another thing to order them to wait upon the means. All grant the civil Magistrates may call publike Assemblies, to hear their Proclamations, and Statutes, &c. read: if they may call a whole Town to hear a Law, then much more may they call them and order them to hear Gods Laws.

Fourthly, When people have declared themselves to be a willing people, and professe to embrace the Lord and his waies, then may the Magistrates engage them by Covenants, stirring them up in a Moral way: thus did the godly Kings of Judah, though they Compelled none to become proselytes, yet when they were become such, they engaged them as well as other Israelites, by Oaths, Covenants, Curse, to walke worthy of the Lord: And this you doe now (in effect) in Commanding Fasts to be kept, wherein the Covenant is renewed▪ &c.

Fifthly, It belongs to the Magistrates, to reject corrupt and unworthy Ministers; for it cannot stand with the faithfulness of Nursing-fathers to Commit their Nurse-children to such as will starve, or poison them, Ezek. 34. By corrupt Ministers, I doe not mean such as labour under any infirmities, for who is sufficient then? But I mean ignorant, erroneous, scandalous, unsavoury Salt; thus Samuel visited from Bethel to Gilgal, &c.

Sixthly, They ought to prevent, and pull down Idolatry, Superstition, being spiritual adultery, and esteemed by God as the defiling of the marriage bed: this was so charged upon Magistrates, and so practised in the old Testament, that the uprightnesse of their hearts was judged by it: And in the New Testament it is foretold, that as the ten Kings come into the Lord Christ, they shall hate the Whore, make her desolate, eat her flesh, burn her with fire, Revel. 17.

Seventhly, On the same account, they ought to doe the like by blasphemies and other damnable doctrines: the spreaders whereof are termed Dogs, evil workers, Wolves, and are not to be tolerated by faithful shepherds, i. e. Magistrates; the Office of a Nursing father ties him as well to prevent his childrens poison,Phil. 3.2. Acts 20.29. as to provide them bread. These

First, are workes of the flesh, Gal. 5. and can challenge no other Toleration then such works amongst which they are ranked.

Secondly, These are called a Leprosie, a Gangrene.

Thirdly, These cause the way of truth to be blasphemed, make religion a vain thing. There is a heavy charge against the Church of Thyatira for tolerating of Jezabel, Rev. 2. and it will not be a light one against the Magistrates, if they shall tolerate, &c.

Which way to punish these is not so easie a question: [as to simple Heresy] But if men will spread them, then the question is not so hard. As if a Physitian should hold such druggs are fit for mens bodies, which yet are poysonful, the Magistrate would not punish him for this; but if this Physitian will administer and use those druggs in his practise, then the Magistrate may non-licentiate him. So here

If Magistrates would conscienciously and really discountenance such men, it would go far, both for preventing, and suppressing them: for commonly they take up such Opinions, to serve their own bellies, ambition, to serve men and factions; and if they were made infamous, they would as fast lay down.

Objection. But will not this expose Gods people to persecution, there are so few Magistrates good, and if their Consciences be misinformed, what then?

Answer. First, This objection was full as strong in the old Testament, yet then it was their duty, none question.

Secondly, It holds as much against the Authority of Parents in educating of their children, or Masters their servants, because many may be supposed, and are wicked, yet it is still a duty incumbent on them, and praise-worthy in them, the Godly.

Thirdly, The Inconvenience under Jeroboam, &c. was foreseen by the Lord before he made his Laws, yet it did not hinder him from giving them, nor the godly Kings of Judah from walking by them.

Fourthly, The Magistrates Conscience is not the rule for him to go by, but let the Magistrate looke to have his Conscience rightly informed from the word of God, which is his rule; then his …aw to c…se men to wal… Orderly, cannot be called Persecution.