The Civil Magistrates Power in Matters of Religion, Answer 25 – Object 22
Anſ.
Yea, they did ſo: but ſay we, that was their particular Iudgment, though erring: and they as well as we muſt walk in the light of their own judgements, and not of any others (if the objection be right) and therefore according to the objectors mind, ſhould not have been accuſed or puniſhed.
Fourthly, Then all Eccleſiaſticall Judging of men in matters of Religion, which in Iudgement and Conſcience, though erring, men hold forth, is cut off, and why then did Paul wiſh that thoſe ſhould bear their Judgement? Gal. 5. 10, 11. ſince many of them held no more, than what they Judged to be right.
Fiftly, Then ſuch mens Iudgements (at leaſt) are not to be a rule to the Chriſtian Magiſtrates Iudgement, but as he is perſwaded in his heart, he alſo (as any other Chriſtian) muſt do. If he can make it a matter of his faith, it is no ſin in him, Politically to Iudge, what is, or what is not according to the word, or accordingly to be civilly puniſhed or praiſed, in Members of the Civil State, when expreſſed in ſuch ſort by the outward man, as it meerly concerneth the State, or reflecteth upon it: and this in matters of both tables, and what then is gained? Nay by this indefinite principle in the objection much would be loſt if the Civil Chriſtian Magiſtrate, and State, be in mind perſwaded, and do verily Judge, that the bread in the Sacrament is turned into the very fleſh of Chriſt, & that whoſoever holdeth forth the contrary ſhall be burned at a ſtake, muſt they not do whatſoever they are perſwaded in their minds? and if of faith to them, then not fin to them to do it, according to the bottom of the objection.
Nay but you will ſay, their perſwaſion muſt be rightly founded upon the word, which is the object of faith: elſe it is not right.
Anſ. Very good, and in that meaning, your objection is no objection; unleſs better warrant be ſhewed from the word, why each mans Judgement, is ſo to be his own guide, that as a Member of the Civill State, his Judgement alſo is not in a Politicall way to be ordered by the Politicall determinations of regulated Civill Authority. As for the ſequels urged: perſecution, or juſtifying of perſecutors thereby, they are urged from that which is not a proper cauſe, as if it were a cauſe. It is not the uſe of ſuch a power of Judging, in regulated Civill Authority, that cauſeth perſecution for matters of the firſt table, more than tyranny in matters of the ſecond table, but the Abuſe of that power rather: & from the abuſe of a lawfull power or privilege, to reaſon againſt the uſe thereof, is not right or regular. Churches alſo may abuſe their power, and perſecute a Saint of God, by a wicked determination, and anſwerable cenſure, in a matter of God or the Church: but that doth not therefore hinder, but that the Church is higheſt Eccleſiaſticall Judge in ſuch matters.
The laſt inſtruction from the premiſes; If abuſes in Religion are thus to be reſtrained and puniſhed by regulated Authority, then are not perſons, in an ordinary way, to be left, by regulated Civill Authority, to the liberty of their own judgements, or conſciences, to profeſs or practiſe in matters of Religion, according as their ſeverall minds and ſpirits, yea though ſeduced and erring, ſhall think meet; no, though thoſe perſons profeſs the Chriſtian Religion, and the fundamentals (at leaſt) thereof.
For the better clearing of this weighty Concluſion, ſo many wayes oppoſed now adayes, we ſhall firſt propound ſome diſtinctions about it; and ſo the better ſtate the Concluſion.
1. Then let us diſtinguiſh of Liberty, which (according to Scripture grounds) is either lawfull and regulate liberty, or a liberty that is ſinfull, lawleſs, and boundleſs.
Lawfull liberty is either that which is of a more civill, or ſpirituall, or mixt nature.
1. That of a more civill nature is either oeconomicall, or politicall properly ſuch; oeconomicall, as that of ſervants, Ex. 21. 11. Jer. 34. 10. or that of wives, Rom. 7. 3. 1 Cor. 7. 36. Politicall, properly ſuch; whether more generall, as that of a free deniſon of a State; or of more ſpeciall privilege, as freedom from taxes, Act. 22. 28. Math. 27. 26.1 Sam. 17. 21. Ezr. 7. 24. from going to war, Deut. 24. 3. to this the Concluſion properly looketh not.
2. That of a more ſpirituall nature, taken
1. For immunity from ſundry evils, preſſing hard upon the Saints, or enſlaving them; If the Son make ye free, then are ye Joh. 8. 36 1 Cor. 7. 22. Rom. 6. 18. Rom. 8. 2. Iſ 61. 1. 1 Theſ. 1. 10. Gal. 3. 10. 13. Ibid. Rom. 7 6. Gal. 5. 1. Heb. 2. 14, 15. Ibid. Gal. 1. 4. 1 Cor. 7. 22, 23.free indeed; the Lords Freeman; which liberty is either inchoative or perfected; inchoative ſpirituall liberty is, that from ſins guilt, or power, being made free from ſin, and made free from the law of ſin, and of death, he ſhall proclame liberty to the captives; That from Gods wrath, Jeſus which delivereth us from wrath to come; That from the Morall Laws curſe, Curſed is every one that continueth not in every thing written in the Law to doe it; Chriſt hath redeemed us from the curſe of the Law, being made a curſe for us; That from the rigorous exaction of the Laws righteouſneſs and perſonall perfection from us, we are delivered from the Law; That from the Ceremoniall, and Judiciall Law too, as far as it was properly Jewiſh, Stand faſt in the liberty wherewith Chriſt hath made us free; That from the power of hell, who hath delivered us from the power of darkneſs; That from the power of death, delivering them who were all their life long ſubject to bondage, by reaſon of the fear of death; That from the world, redeemed from this preſent evill world; That from mens inventions and luſts, the Lords freemen, bought with a price, become not the ſervants of men; That from all our enemies, being delivered out of the hands of all our enemies, Luke 1. 74. This ſpirituall liberty perfected, is the glorious liberty of the ſons of God, of which Rom. 8. 21. ſee alſo 1 Cor. 15. end. This firſt ſpirituall liberty of each Saint, is not that to which the Concluſion looketh.
2. Spirituall liberty is taken for freeneſs, readineſs, and voluntarineſs to the holy, and good things of God, that what we doe therein, it ſhould be freely, with a ready and willing mind; not as at liberty to do, or not to do any duties required of us, according as we liſt; for that were rather in part licentiouſneſs, a curſed liberty of ſervants to ſin; When ye were ſervants to ſin, Rom 20.ye were free-from righteouſneſs; Nor yet as perſons to be haled to do our duty; Thy people are foreign people of free oblations.
3. Spirituall liberty is taken for that which ſtandeth between two extremes, wherein a Chriſtian may be ſayd to be properly free; as when free to chuſe; or refuſe, or ſuſpend, to uſe or doe ſuch or ſuch a thing, or to forbear; And it is Chriſtian liberty ſtrictly taken, or liberty of Chriſtians in matters which in themſelves are of an indifferent nature; of which is that place ſo oft applyed too largely, Rom. 14. 3, 5, 6, 14, 17 Of which nature were the Jewiſh meats and dayes, formerly obſerved, but then aboliſhed, although every beleeving Jew was not preſently convinced thereof.
And here a little to digreſs, let us clear this place ſo often wreſted; that it is meant of things of an indifferent nature in themſelves; this appeareth in that they wcre ſuch things, as whether obſerved or not, the Lord might be exalted, he might be praiſed, ver. 6. He that eateth, eateth to the Lord, for he giveth God thanks; and he that eateth not, to the Lord he eateth not, and giveth God thanks: They were not ſuch things which were not in themſelves Morally good, or evill, ver. 14. I know there is nothing unclean of it ſelf; namely, nothing of that ſort before mentioned, as were Dayes, and Meats, and other like things of an indifferent nature; elſe it might be ſayd, many things are in themſelves unclean, whether he that dealeth with them think ſo of them or no, as Idolatrous, Adulterous, Murtherous acts, &c. morally evill, and ſo unclean. They were ſuch things in which the Kingdom of God conſiſted not, ver. 17. meats ſacrifiſed to Idols, made not any more or leſs accepted, 1 Cor. 8. 8. Meat commendeth us not to God, for neither if we eat are we the better, or if we eat not are we the worſe; and 1 Cor. 10. 25. Whatſoever is ſold in the ſhambles eat, &c.
3. Mixt liberty, which is partly of a ſpirituall, and partly of a civill nature, as it reſpecteth things ſpirituall, wherein it is exerciſed, ſo ſpiritual, as it reſpecteth family authority, by which it is exerciſed, either privately or publiquely, ſo it is of a civill nature, as when the Saints of old had from Cyrus Authority, liberty to goe up to Jeruſalem, freely to build the Temple, Ez…. 1. 3. Ezr. 6. 6, 7, 8, 9, 10.anu worſhip the Lord there; and when they had liberty from Darius without diſturbance from enemies freely to carry on that good work, and to offer ſacrifiſes to the Lord. Hitherto alſo that in 1 Tim. 2. 1, 2. may partly be referred, and if that were all the liberty which were pleaded for, that by the influence of Civill Authority we might lead a quiet and peaceable life in all godlineſs and honeſty, without any kind of diſturbance, or moleſtation from any, we would joyn in that plea in the Court of God and man.
As for that ſinful, lawleſs, and boundleſs liberty, that is a liberty (indeed and reallity) to the fleſh, or the motions and fruits of corrupt nature, a liberty to ſin, a liberty for men to do what they liſt, and the like, this is it which the Scripture every where decryeth and condemneth, Judg. 17. 6. In thoſe days there was no King in Iſrael, but every man did that which was right in his own eyes. So was Micha's Idol, and Idol worſhip, and Miniſtry, right in his eyes, ver 5. 12, 13. Now I know the Lord will be good to me, ſeeing I have a Levite to my Prieſt. He verily thought he was right in all, and might look for a bleſſing of God in that way. Mich. 4. 5. All people will walk every one in the name of his God. Rom. 6. 10. Ye were free from righteouſneſs; and 2 Pet. 2. 19. They promiſe them liberty. Jude 4, 5. Turning the grace of God into wantonneſs. There wanted not ſome in the Apoſtles dayes who would pretend their own, and others ſpirituall liberty, whereby to bring in, and carry on, and covertly to exerciſe this liberty to ſin; and for that end plead liberty from Authorities which ſhould curb or reſtrain ſin; whence that item of Peter, 1 Pet. 2. 16, 17. As free, but not having for a covering of wickednes the Liberty, but as the ſervants of God, honour all men, love brotherly fellowſhip, fear God, honor the King. Whence that bait of Seducers to draw on diſciples after them? they promiſe them liberty, they themſelves deſpiſing 2 Pet. 2. 1… ▪Government in Church or State, ſpeaking evill of Dignities, &c. How like that was to the Spirit breathing in theſe dayes in too many profeſſors of Jeſus Chriſt, and liberty purchaſed by him, I leave to conſideration.
Secondly we diſtinguiſh of conſcience: which is to be conſidered either as rightly guided, or as miſguided and erring, to Conſcience rightly guided by the Lord, and according to his word, Civill Authority muſt give all incouraging Liberty.
2. Miſguided and erring conſcience is either erring out of meer infirmity and weakneſs; in which caſe great tenderneſs is to be uſed on all hands for a time; or of wilfulneſs, and in way of pertinacy, contempt, and turbulency; of which in the Concluſion.
3. We diſtinguiſh concerning Authoritative leaving perſons to ſome liberty, in abuſes of this Alluſion. It is either a kind of temporary Connivency, or forbearance for a time to puniſh them, which in caſes of weakneſs muſt be granted, till ſufficient means uſed of Conviction; or it is a kind of more fixed toleration, without certain limits of time. This later is ſuppoſed to be; either in ſome caſes of an extraordinary reſpect; as in caſes of Univerſall obduracy, ſpreading over the face of a whole profeſſing State, as was the Toleration of that ſin of cauſleſs Divorces, by Moſes, as a politicall Ruler, for preventing of a worſe miſehief, of inſupportable Tyranny and cruelty over their injured Wives, Math. 19. 6, 7, 8, 10. Moſes, for the hardneſs of your hearts, ſuffered you to put away your Wives.—Or in caſe of ſome Evills, either acted or owned by a more prevailing and potent party, in a Civill State, which if exaſperated and croſſed, would imbrue the State in blood or confuſion; as in the caſe of Joabs murther of Abner, owned by Abiſha, who with their faction, were too ſtrong for David, 2 Sam. 3. 39. In which caſe alſo, Godly Emperors have born with ſome Errors, whileſt their State was royled, and the foundations thereof even ſhakeing, by reaſon of ſtrong factions and tumults in it. Or ſecondly, this fixed toleration is ſuppoſed to be in an ordinary way, and in common and uſuall caſes, which is that which the concluſion denyeth.
Now then to State the concluſion, and accordingly confirm it, we ſay,
That in ordinary way, a ſet fixed Toleration, is not to be given, by the Regulated Magiſtrate or higher Civill powers, that their Chriſtian Subjects ſhould hold and profeſs in matters of Religion, what themſelves may pretend conſcience for ſo doing; When indeed groſly erring, and contemptuouſly and pertinaciouſly holding the ſame forth.
Reaſons from ſcripture of the concluſion ſo ſtated, may be theſe.
R. 1. Becauſe liberty to the fleſh is not to be given in ſuch a way, by ſuch Rulers, for ſuch Rulers, to give ſuch a liberty for all ſuch perſons, to hold and profeſs corrupt opinions, is to give liberty to the fleſh; Ergo that may not be done; the propoſition is grounded upon the Rulers duty to keep both Tables, and ſo not in an ordinary caſe and way, to ſuffer fleſhly ſinfull breaches of the Rules therein. The Aſſumption is grounded upon Gal. 5. 20. Where Hereſie and Schiſm are counted fruits of the fleſh, to give liberty therefore to ſuch fruits of the fleſh, is to give liberty to the fleſh.
R. 2. That liberty, which ſuffereth men, ordinarily, in a Chriſtian State, to draw perſons away from God, is not to be given by Regulated Rulers thereof; but in ſuch a way, as before mentioned, to tolerate perſons, under pretence of conſcience, pertinaciouſly to hold forth corrupt opinions, is to ſuffer perſons to draw away others from God; Ergo it may not be done. The propoſition is evident, ſuch a one as would go about to thruſt others from God, muſt not be pitied or ſpared, Deut. 13. 9.
Object.
True, you will ſay, in reſpect of the witneſs, which was not to conceal him, Ibid. but what is this to Authority?