The Bloody Tenant of Persecution for the Cause of Conscience, Part 4 · Chapter 94
CHAP. XCIV.
Peace.
THeir fifth Head is concerning the Magistrates power in making of Lawes.
First, they have power to publish and apply such Civill Lawes in a State as either are exprest in the Word of God in Moses Judicialls (to wit, so far as they are of generall and morall equity, and so binding all Nations in all Ages) to bee deducted by way of generall consequence and proportion from the word of God.
For in a free State no Magistrate hath power over the bodies, goods, lands, liberties of a free people, but by their free consents. And because free men are not free Lords of their owne estates, but are onelyonly stewards under God, therefore they may not give their free consents to any Magistrate to dispose of their bodies, goods, lands, liberties at large as themselves please, but as God (the soveraigne Lord of all) alone. And because the Word is a perfect rule as wel of righteousnes as of holines, it will be therefore necessary that neither the people give consent, nor that the Magistrate take power to dispose of the bodies, goods, lands, liberties of the people, but according to the Lawes and Rules of the Word of God.
Secondly, in making Lawes about civill and indifferent things about the Commonweale.
First, he hath no power given him of God to make what laws he please, either in restraining from, or constraining to the use of indifferent things, because that which is indifferent in its nature, ma… sometimes bee inexpedient in its use, and consequently unlawfull, 1 Cor. 2. 5. it having been long since defended upon good ground, Quicquid non expeait, quatenus non expedit, non licet.
Secondly, he hath no power to make any such Lawes about indifferent things, wherein nothing good or evill is shewne to the people, but onelyonly or principally the meere authority or wil of the imposer for the observance of them, Colos. 2. 21, 22. 1 Cor. 7. 23, compared with Ephes. 6. 6.
It is a prerogative proper to God to require obedience of the sonnes of men, because of his authority and will.
The will of no man is Regula recti, unlesse first it bee Regula recta.
It is an evill speech of some, that in some things the will of the Law, not the ratio of it, must be the Rule of Conscience to walke by; and that Princes may forbid men to seeke any other reason but their authority, yea when they command frivola & dura. And therefore it is the duty of the Magistrate in all lawes about indifferent things, to shew the Reasons, not onelyonly the Will, to shew the expediency, as well as the indifferency of things of that nature.
For we conceive in Lawes of this nature, it is not the will of the Lawgiver onelyonly, but the Reason of the Law which bindes. Ratio est Rex Legis, & Lex est Rex Regis.
Thirdly, because the judgement of expedient and inexpedient things is often difficult and diverse, it is meet that such Lawes should not proceed without due consideration of the Rules of Expediency set downe in the Word, which are these three:
First, the rule of Piety, that they may make for the glory of God, 1 Cor. 10. 31.
Secondly, the rule of Charity, that no scandall come hereby to any weake brother, 1 Cor. 8. 13.
Thirdly, the Rule of Charity, that no man be forced to submit against his conscience, Rom. 14. 14. 23. nor be judged of contempt of lawfull Authority, because he is not suddenly perswaded of the expediency of indifferent things; for if the people be bound by God to receive such Lawes about such things, without any triall or satisfaction to the conscience, but must judge them expedient because the Magistrate thinkes them so, then the one cannot be punished in following the other, in case he shall sinne in c…lling Inexpedient Expedient; but Christ saith the contrary, If the blinde lead the blinde, they shall both fall.
Truth.
In this passage these worthy Men lay downe such a ground, as the gates of Hell are not able to shake concerning the Magistrates walking in indifferent things:The Authors large confession of the liberty of conscience from the Laws of Civill authority in spirituall cases. And upon which ground that Towre of Lebanon may be raised whereon there hang a thousand shields and bucklars, Cant 4. to wit, that invincible Truth, That no man is to be persecuted for cause of conscience: The ground is this: The Magist…ate hath not power to make what Lawes he please, either in restraining or constraining to the use of indifferent things: And further he confesseth that the reason of the Law, not the will of it must be the rule of conscience. And they adde this impregnable reason: viz. If the people be bound to receive such Lawes without satisfaction to conscience, then one cannot be punished for following the other, in case he shall sinne contrary to Christ Jesus, who saith, If the blinde lead the blinde, they shall both fall.
Hence I argue, If the Civill Magistrate have no power to restraine or constraine their subjects in things in their owne nature indifferent,Civill Magistrates confessed not to have power to urg the conscience in indifferent things. as in eating of meats, wearing this or that garment, using this or that gesture, but that they are bound to try and examine his commands, and satisfie their owne reason, conscience and judgement before the Lord, and that they shall sinne, if they follow the Magistrates command, not being perswaded in their owne soule and conscience that his commands are according to God! It will be much more unlawfull and heynous in the Magistrate to compell the subjects unto that which (according to their consciences perswasion) is simply unlawfull as unto a falsely constituted Church, Ministry, Worship, Administration, and they shall not escape the D…ch, by being led blindefold by the Magistrate, but though hee fall in first, yet they shall in after him, and upon him, to his greater and more dreadfull judgement.
In particular thus, If the Magistrate may restraine me from that gesture in the Supper of the Lord, which I am perswaded I ought to practice, he may also restraine me by his commands from that Supper of the Lord it selfe in such or such a Church according to my conscience.
If he cannot (as they grant) constraine me to such or such a garment in the worship of God, can he constraine me to worship God by such a Ministry, and with such worship, which my soule and conscience cannot be perswaded is of God?
If he cannot command me in that circumstance of time to worship God this or that day, can he command mee to the worship it selfe?
Peace.
Me thinkes I discerne a threefold guilt to lye upon such Civill powers as impose upon and inforce the conscience,A threefold guilt…ly…ng upon Civil powers commanding the subjects … worship. though not unto the ministration and participation of the Seales, yet either to depart from that worship which it is perswaded of, or to any exercise or worship which it hath not faith in.
First, of an appearance of that Arminian Popish doctrine of freewill, as if it lay in their owne power and ability to beleeve upon the Magistrates command since it is confessed that what is submitted to by any without faith it is sinne, be it never so true and holy Rom. 14.
Secondly, since God only openeth the heart and worketh the will, Phil. 2. it seemes to be an high presumption to suppose that together with a command restraining from, or constraining to worship, that God is also to be forced or commanded to give faith to open the heart to incline the will, &c.
Thirdly, A guilt of the hypocrisie of their subjects and people in forcing them to act and practice in matters of Religion and Worship against the doubts and checks of their consciences,Persons may … sin … to many whom t…y … not …, … to worship where they cannot beleeve. causing their bodies to worship, when their soules are far off, to draw near with their lips, their hearts being far off, &c.
With lesse sinne ten thousand fold may a naturall …ather force his …, or the Father of the Commonweale force all the maydens in a Country to the marriage beds of such and such men whom they cannot love, then the soules of these and other subjects to such worship or Ministry, which is either a true or false, because Cant. 1. 16.
Truth.
Sweet Peace, your conclusions are undeniable, and O that they might sinke deep into those Noble and Honourable Bosomes it so deeply concernes! but proceed.