The Catholic Hierarchy, Chapter 15
CHAP. XV. Of the Magiſtrates Power in matters of Religion.
§ 1. THe power of Magiſtrates in matters of Religion, hath been very much controverted, and variouſly determined by men of Learning and Conſcience. I ſhall not fill up theſe ſheets with tranſcribing other mens Sentiments; I ſhall onelyonly propound what ſeems to me to be agreeable to Scripture and Reaſon, with as much perſpicuity and brevity as I can. There are three things for enquiry that will principally lie before us.
1. Whether the Civil Magiſtrate may exerciſe a Legiſlative power in matters Evangelically indifferent?
2. Whether in the execution of Eccleſiaſtical Juſtice, the ſword of the Magiſtrate may be uſed?
3. What are the true bounds and limits of the Magiſtrates power in matters of Religion?
The firſt Queſtion is thus to be underſtood: Whether the Civil Magiſtrate may or can change things religiouſly indifferent, into neceſſities, by a competent Law? i.e. by a Law binding Conſcience primarily or ſecundarily, by Chriſt's authority, (for we have ſhewed that no authority can reach Conſcience ſo as to binde it or looſe it, but Chriſt's alone) that being no competent Law that anſwers not the true nature of the obedience required; which is always expected here to be conſcientious. All Chriſt's Laws flowing from his peculiar Legiſlative prerogative over his Church, have an immediate influence on Conſcience, and do primarily binde as ſuch. All juſt humane Laws do ſecundarily binde Conſcience, i. e. not quatenus humane; but they ſo far binde Conſcience, as men have derived ſuch authority from the Lord Chriſt for the compoſing and enacting the ſaid Laws. Now if the Magiſtrate cannot make a Law in one of theſe kinds to binde Chriſtians in matters indifferent, he cannot do it by a competent Law.
§ 2. Having thus explained the true meaning of our Enquiry, we determine in the Negative; and that for theſe following reaſons.
Arg. 1. It's Chriſts peculiar prerogative to be the Lawgiver to his Church, i. e. to make ſuch Laws as immediately concerns it. He never gave this power to any, or commiſſionated any to exerciſe a humane authority in this kind, as hath been abundantly ſhewn. He onelyonly can do it. 1. He is the onelyonly Spiritual King; there is no other mediate Spiritual King between him and his Church. 2. He knows onelyonly what is fit to be the matter of ſuch a Law: He knows onelyonly which way he will be worſhipped, and no way can be acceptable to him but that which is of his immediate appointment; it's high preſumption in any other to preſcribe. 3. It's his Glory to reſerve this to himſelf, and he gives to Magiſtrates that power which they have; it's but reaſonable he ſhould reſerve to himſelf what he pleaſeth. 4. If Magiſtrates can exerciſe any ſuch power, it muſt be by deputation from Chriſt. If there be any ſuch, let them produce their Commiſſion; which cannot be pretended to in the New Teſtament: and what is ſaid of Magiſtrates power from the Old Teſtaments authority, will eaſily be refuted, if the particular caſes be duely conſidered; which I ſhall not now ſtay upon. 5. If Chriſt hath given ſuch a power to a Chriſtian Magiſtrate, it belongs to him as a Magiſtrate, or as a Chriſtian; it doth not belong to him as a Civil Magiſtrate: for then, 1. As many ſorts of Magiſtrates as the Church doth militate under, ſo many ſorts of Lawgivers in Spiritual things ſhe ſhould be ſubject to; whether Chriſtian, Heretical, Prophane, or Heatheniſh: and as the government of State alters in the Supream Magiſtracy, ſo the Laws of the Church muſt, according to the ſeveral intereſts and corrupt deſignes of the ſons of men. 2. The number and certainty of Eccleſiaſtical Laws could never be known; for as he may make Laws, he may repeal Laws where they are of the ſame kind: So that there would be no certain ſtanding Rule for the worſhip of God, all being alterable in Addition or Subſtraction, by the will and pleaſure of man. He may alter the Modes and Dreſſes of the Church in all matter of Ceremony at leaſt, that the Church will be liable to as many new faſhions as an Engliſh man: as one Magiſtrate may change his own Laws, ſo many will change one anothers; one, it may be, being Popiſh, another Epiſcopal, a third a Presbyterian. So that if the Magiſtrates Laws muſt binde the Church Eccleſiaſtically, it may be bound and unbound a hundred times in a few years, and put on as many Shapes as Proteus: for ſtill as there is new Lords, ſo new Laws. But where there is a permanency and unchangeableneſs of Lords and Lawgivers, there will be a certainty and ſtability of Laws, as always under Chriſts immediate Legiſlation. 3. If this power be allowed to a Magiſtrate as ſuch, then to a Heathen Magiſtrate, and he may make Laws according to his Religion, viz. that Chriſtians ſhould eat Meat ſacrificed to Idols; which eating in it ſelf is an indifferency, 1 Cor. 10. But I would fain know whether any of the ſtrenuous Proteſtant-contenders for the Magiſtrates power in this kind, would not think it a great ſin both for the Magiſtrate to make ſuch a Law, and for any Subject knowing of it to obey him in it. Again, a Jewiſh Magiſtrate may make a Law that all ſhould be circumciſed, becauſe Paul determined it to be but an Indifferency: after the abolition of the Jewiſh Law, a man might cut off his Foreskin or let it alone; Circumciſion was nothing, and Ʋncircumciſion nothing; it was but the taking away or keeping a little fleſhie skin. But I would ask whether if any Magiſtrate ſhould make ſuch a Law that all the Males in his dominion ſhould be circumciſed, whether every conſcientious Chriſtian would not then ſuffer much, before he would be circumciſed? ſaying as Paul, That if they were circumciſed by virtue of ſuch an Impoſition, Chriſt would profit them nothing: And this is the Doctrine preached by him to the Galatians.
§ 3. Chriſt hath not granted any ſuch power to a Chriſtian Magiſtrate as a Chriſtian merely; if ſo, it will follow, 1. That one Chriſtian may inſtitute a way or mode of Worſhip for another. 2. That a ſtrong Chriſtian being a Magiſtrate, may force the weak to uſe all thoſe things that he calls indifferent, though the other call them and reputes them unlawful and ſinful. 3. If the Scales of Providence turn, and the weak Chriſtian be made the Magiſtrate, he may pay home the ſtrong, and make a Law for him to puniſh him, if he uſe that as an Indifferency which he eſteemed ſo; and ſo binde him up in many things from walking by the Rules of Expediency. 4. Every Magiſtrate that calls himſelf a Chriſtian, muſt be allowed the Chriſtian's power, though never ſo prophane, erroneous, or heretical: for who dare controul him ſo far as to ſay he is no Chriſtian? or to wreſt the Eccleſiaſtical Sword in this kind out of his hands, if it belong to him quâ Chriſtian? Or how dare any to ſay, he is not a Chriſtian ſo and ſo qualified, and therefore hath not ſuch a power? Neither is it fit any exception ſhould be taken in this manner; for we know nothing lies more open to cenſure than Magiſtrates Religion: and if every Subjects humour muſt be a Standard to the Magiſtrates Religion, all things would fall as certainly to confuſion on that ſide. If you allow ſuch a power to him as Chriſtian, ſo he profeſſeth himſelf, and ſo he takes it; and it's too late to diſpute with him about his Sincerity and Qualifications▪ under that denomination he took the Sword by your allowance, and hath now more wit than to part with it upon every humourſome exception made againſt the ſtrictneſs or modality of his Chriſtianity. 5. If as a Chriſtian, then ſuch a power is a proper adjunct of a Chriſtian, and every Chriſtian ſhould have it; but nothing is more falſe and abſurd than this.
§ 4. Arg. 2. That which deſtroys Ʋniformity in the Church, ought not to be allowed; but for the Magiſtrate to exerciſe ſuch a Legiſlative power, deſtroys Uniformity in the Church, Ergo not to be allowed. The Major will be granted by our Contenders for Ʋniformity in Ceremonies. The Minor is evinced thus: it certainly hinders and deſtroys Ʋniformity in the Catholick Church; and that which deſtroys Uniformity in a Ʋniverſality, is the moſt univerſal enemy to it: for if every Supream Legiſlator in each Nation may dreſs up the National Church in a ſuit of Ceremonies ſhred out of Indifferencies, according to the imaginations of his own brain, (in which Ceremonies the great Uniformity contended for, doth conſiſt) there can never be an univerſal concord of all Nations, of the Engliſh, Greeks, Romaniſts, &c. to perfect and compleat the moſt beautiful and neceſſary Ʋniformity: All other ceremonial Uniformity which men undertake to plead for, is but Ʋniformity in Independency, Diſunion, Diſagreement, if not Schiſm it ſelf: for though it be National, yet if it be not Ʋniverſal, it's but a particular Church in a way of ſeparation from other Churches; as an Independent Congregation in a Pariſh that is Uniform within it ſelf in judgment and practice, but diſunited and ſeparated from the Pariſh and all other ſorts of Churches whatſoever. Now if the ſtreſs of Ʋniformity lie here (as theſe men plead) it cannot ſtand upon this baſis of the magiſtrates power: for there will never be the ſameneſs of Ceremonies in all places; Rulers being ſo adverſe to each other, that they glory rather in a contrariety of Laws and Cuſtoms, than are ambitious of having the ſame. And let it be conſidered, whether the giving this power to him, doth not cut the very Throat of Ʋniformity in the Catholick Church, and lay the very Seed-plot of Schiſm and Diviſion. Hence thoſe Principles that lay the undoubted ground of Uniformity in a univerſal Head Eccleſiaſtical, do go upon far ſurer grounds of Reaſon for the effecting it, than thoſe that pretend and deſigne to effect it by the Magiſtrates power, as we have ſhewed before.
§ 5. Arg. 3. He that may not aſſume to himſelf the Executive power of Eccleſiaſtical Laws, cannot enact Laws of the ſame kind. But the Civil Magiſtrate may not aſſume to himſelf an Executive power, &c. Ergo, The Major is evident, becauſe he that maketh Laws, may undertake alſo the Executive part, or diſpoſe of it by deputation. And the Argument of the Major is from the leſs to the greater; for the Executive power is primitively in the Law-maker, and cannot become anothers but by derivation from him. Minor: but the Civil Magiſtrate hath no ſuch power conveyed to him, &c. I mean, Judicial Eccleſiaſtical Execution, according to the true intent of the Law for Chriſt's inſtituted Worſhip. It is true; ſo far as Civility and Morality is to be maintained in Religion and in the Churches, as well as Families, and other Societies therein, they are as liable to the Judicial proceedings of Magiſtrates, as any others be; but in theſe Evangelical parts of Worſhip annexed by Chriſt in ſubſtance or ceremony, which diſtinguiſheth the Oeconomy of the Church from that of the Commonweal, here the Magiſtrate cannot execute by himſelf, or depute another to adminiſter the Executive part of Chriſt's Laws. The reaſon is, becauſe all ſuch Laws changing Indifferencies into Neceſſities in the Worſhip of God, are of a Spiritual nature, and Eccleſiaſtical, and therefore muſt be executed ſpiritually in foro conſcientiae, or Eccleſiaſtically in foro Eccleſiae; but he cannot do either of theſe: for the firſt he cannot, becauſe Chriſt hath abſolutely reſerved Conſcience to himſelf; nor the latter, becauſe Execution in the Church is peculiar to the Officers of Chriſt, as his Deputies and Officers of his own appointment.
§ 6. Arg. 4. They that are not to make Laws for the terrour of them that do well, are not to make ſuch Laws as change Evangelical Indifferencies into Neceſſities; at. Ergo. The Minor is undeniable. The Major appears thus to be true, becauſe to make ſuch Laws, is to terrifie Chriſtians in the uſe not onelyonly of their lawful liberty, but alſo to ſhake them from their ſtanding in that liberty that Chriſt hath purchaſed, and commanded them to ſtand faſt in; beſides the abridging them the free uſe of Chriſtian diſcretion, which is good, from which they ſhould not be terrified.
§ 7. Arg. 5. The Magiſtrate cannot take away the Rights and Priviledges granted to the Church by Jeſus Chriſt, which he purchaſed for it, &c. by laſt Will and Teſtament beſtowed, and is his peoples right of Inheritance: But the liberty of the uſe of the judgment of Diſcretion in matters of Indifferency, is a great and valuable priviledge▪ ſo granted and beſtowed on his Church and People. Now the Magiſtrate ſhould be ſo far from bereaving the Church of theſe, that 1. He is to maintain and defend the Church in the free uſe of its Liberties, and to be as a Nurſing Father to her therein. 2. The Magiſtrate ſhould be ready to puniſh the bereaving of the Church of her juſt Rights, as Sacriledge; which is robbing a Church, a Sacred Body politick under the Civil Magiſtrates juriſdiction: The Magiſtrate ſhould be far from doing that action which he is to puniſh in another as Sacriledge; and if a Chriſtian's Liberty be a Sacred thing, the taking of it away is Sacriledge. That it is Sacred, I prove thus: That which is of ſacred uſe, and peculiarly related to the Worſhip of God, and to the Members and Church of Chriſt, as their Priviledge, allotted to them by Chriſt's ſpecial procurement and appointment, is Sacred; and the taking it away is no better than Sacriledge. As for other lawful Liberties (common to them with others in Morals and Civils) others may uſe them that are not related to the Goſpel; but a Chriſtian Liberty is in things pertaining unto Chriſt, and his ways of Worſhip and Service.
§ 8. Arg. 6. He that can make thoſe things neceſſary to the Worſhip of Chriſt, which Chriſt hath onelyonly made indifferent, can make the Kingdom of Chriſt to conſiſt in thoſe things that he never did: the Kingdom of God ſtands not in meats, &c. and the Kingdom of God ſtands in that which is neceſſary to it; and if the Magiſtrate will make things neceſſary which Chriſt never did, he goes about to make the Kingdom of God ſtand in that which Chriſt never did. And this is a great uſurpation of a power not belonging unto him; for Chriſt never empowered the Magiſtrate to determine what his Kingdom ſhould conſiſt in, and make it to conſiſt in that which he never did.
§ 9. Arg. 7. A Magiſtrate is not capable of exerciſing ſuch a Coercive power as will make me believe in my conſcience, that to be neceſſary for the Worſhip of Chriſt, which I am convinced that he hath left indifferent onelyonly; that Law for the Worſhip of Chriſt that lays no obligation on Conſcience, is of no concern therein. Now Chriſt having bound Conſcience by his Law as far as is neceſſary, there is no room left for Man to come in with his Laws. Whatever is Evangelically neceſſary to the Conſcience of a Chriſtian, is ſo, becauſe he is convinced it is the Will of Chriſt that it ſhould be neceſſary. Now can the mere Coercive power of any one on Earth make a man believe that is not neceſſary which Chriſt hath made Conſcience to ſubmit to as neceſſary? If ſo, then may the ſame authority make a man believe that to be neceſſary which Chriſt hath made us believe not to be neceſſary, but onelyonly indifferent: for as no Law of man can abſolve a Chriſtian from the conſcientious obſervation of any one Law of Chriſt; ſo no Law of Man can binde a Chriſtian in Conſcience to the practice of that in religious matters, which Chriſt never bound him to; but he will be ſtill perſwaded that Chriſt hath left it to him as an indifferency, and it's his duty to walk in it by diſcretion; and that muſt be a Churches or Chriſtian's own, as the matter requires, relating to a Community or private Perſon.
Obj. But the Magiſtrates Judgment can beſt determine of Expediency, being greateſt and wiſeſt. Anſ. In matters of that nature men may adviſe; and the greater and wiſer men are, its likely the more forcible Arguments they may produce; but there is no force to be in the caſe, men are not to be forced by a Law to do that, which is moſt expedient in the Worſhip of God: For 1. the Magiſtrate may be miſtaken, and that which is expedient to him, may not be to another. 2. That which is expedient one time, may not be another▪ therefore in the doing Expediencies, we are not to be determined to act always one way by a Law. Object. But the Magiſtrate may puniſh for not practiſing. Anſw. None is to be puniſhed for not practiſing what they believe unlawful.