Five Disputations of Church Government, Chapter 5
CHAP. V. Prop. 5. A lawfull and convenient thing is sinfully commanded, when it is commanded on a greater penalty then the nature and use of it doth require, or then the common good will bear.
§. 1. WHen the penalty exceedeth the crime, it is injustice. There may be injustice as well in punishing an offender too much, as in punishing him that is no offender, with a smaller punishment. But if the penalty be destructive to the Church or common good, it is an aggravated injustice.
§. 2. When Magistrates therefore are disposed to punish men for crossing their wills in the matters of God, it neerly concerns them to look about them, and take heed first what they punish them for, and then, with what kind of punishment they do it. If it be Good and not Evil that men are punished for, it is persecution. If it be really evil, either its great or small, publick or private, &c. If it be an evil that endangereth the Commonwealth, or Church, or the souls of men, let them punish men in such a way as best tends to the security of the society or souls of men that are endangered. But if the person in his calling or station be usefull to the Church, or Commonwealth, let him not be so punished as to be made unusefull. If the Bishops had punished Non-conformists as Recusancy was punished, with paying twelve pence a day &c. I should, comparatively, scarce have blamed them: For it had been but to make Ministers fare harder, or live poorlier, or work for their livings, or to pay their penalties, and the Church might still have had their labours: but to silence and suspend them, and that when there were no better to supply the room (then such as were put in,) this was to punish the Church of Christ, and the souls of men (and that with everlasting punishment) for the (real or supposed) faults of the particular ministers: which was not just.
§. 3. Object. But (saith the Preface to the common prayer-book) though the keeping or omitting of a Ceremony in it self considered, be but a small thing; yet the wilfull and contemptuous transgr…ssion and breaking of a common order and discipline, is no small …ffence before God.
§. 4. Answ. 1. You should therefore put no such snares on men by your commands, as to impose upon them needless thing…, when you think the penalty of disobeying you will be damnation. 2. But how came you to see into the hearts of men, that their non-conformity is wilfull and contemptuous? when they themselves profess that they would obey you if they durst. They think they stand at the brink of Hell, and should wilfully sin against God if they did obey you: and you come behind them, with silencing and imprisonment, and drive them on, while they cry out to you for compassion, and protest that they are ready to obey as far as they can see the lawfulness of the thing: and yet you say, its wilfulness and contempt. 3. And why doth not your Laws except from punishment all those that conformed not, that were not wilfull or contemptuous? The Act for conformity makes the penalty to be Imprisonment half a year for the first fault: a year for the second, and during life for the third, beside deprivation: and Imprisonment during life for the second offence, if the person have no Benefice: and this is besides the Ecclesiastical censure. 4. If the work of Church Governors be to make small matters great, and make that damnable that before was lawfull, and this without any necessity at all, it will tempt the people to think such Governors to be the plagues of the earth.
§. 5. I confess it is lawfull for me to wear a Helmet on my head in preaching: but it were not well if you would institute the wearing of a Helmet to signifie our Spiritual militia, and then resolve that all shall be silenced and imprisoned during life that will not wear it. It is lawfull for me to use spectacles, or to go on crutches: But will you therefore ordain that all men shall read with spectacles, to signifie our want of spiritual sight: and that no man shall go to Church but on crutches, to signifie our disability to come to God of our selves? So in circumstantials, it is lawful for me to wear a feather in my hat, and a hayrope for a girdle, and a hair cloth for a cloak. But if you should ordain that if any man serve God in any other habit, he shall be banished, or perpetually imprisoned or hanged, in my opinion you did not well: especially if you add, that he that disobeyeth you must also incur everlasting damnation. It is in it self lawfull to kneel when we hear the Scriptures read, or when we sing Psalms: but yet it is not lawfull to drive all from hearing and singing, and lay them in prison t…at do it not kneeling. And why men should have no communion in the Lords Supper that receive it not kneeling (or in any one commanded gesture,) and why men should be forbidden to preach the Gospel, that wear not a linnen surplice, I cannot imagine any such reason as will hold weight at the bar of God.
§. 6. If you say, why should we not be obeyed in ind…fferent things? and why should men trouble the peace of the Church? I answer. 1. Subjects must obey in all things lawfull. 2. But your first question should be, why you should command, and thus command unprofitable things? will you command all men to wear horns on their head in token of pushing away their spirituall enemies; and will you resolve that God shall have no service, nor men any Sacraments or Church communion, no nor the liberty of the common air, nor salvation neither, unless they will obey you? And then will you condemn them, and justifie your selves by saying [why should not the Church be obeyed?] 3. You govern not perfect but imperfect men; and therefore you must rule them as they are, and fit your laws about things indifferent to their state, and not expect perfection of understanding and obedience from them, when God himself expecteth it not: suppose therefore they manifest their imperfection in not discerning the Lawfulness of your commands, professing that they are ready to obey them, if they durst; the question that neerlyer concerneth your own consciences (that are the imposers) to discuss, is, what reason you have to drive all men from Gods Church and service, that (suppose through their imperfection) dare not conform themselves in worship to your pleasure? Where hath God set you on such a work, or given you any such commission? 4. And where you say, They should not disturb the Church; I answer, Are you so blind that you see not that it is you that disturb the Church? If you will make such laws without necessity, which common wit and reason may tell you, all men are never like to be satisfied in and obey, and then cast out all that will not obey them, as the disturbers of the Church, this is but an aggravated self-condemning. If they be guilty, you are so much more: If they sin and disturb the Church by disobedience, you disturb it much more sinfully, by laying such snares as shall unavoidably procure it, and then taking occasion by it, to make a greater disturbance by your cruel execution. If the Fly offend and deserve death by incautelous falling into the Spiders web, what doth the Spider deserve, that out of her own bowels spred th… net in the way, and kils the Fly that's taken in it? (yet draw no venom from the similitude, for it runs not on all four, nor is it my meaning to apply the venom to you.) Your own actions most concern your selves. T…y whether you do well in commanding and punishing, as well as whether others offend in disobeying. I shall provoke all to obedience in things lawful: But if they should obey you (more perfectly then God,) you may yet be condemned for your wicked cruel Laws.