The Civil Magistrates Power in Matters of Religion, Answer 14 – Object 1
It is ſpoken in oppoſition to raſh cenſuring of others; according Anſw. to that, Matth. 7. 1. Judge not, that ye be not judged: but Paul never intended, that no matters of a ſacred or civil nature, ſhould ever be judged of by ſuch as were called thereto of God, but all left unmedled with to the Judgment day; for 1 Cor. 5. 4. he chargeth in Church matters, that the Church proceed to cenſure the inceſtuous perſon: and 1 Cor. 6. 1, 2, 3, 4, 5. he would have ſome of the Saints to be choſen by them to judge in their civil matters amongſt themſelves; the rather, becauſe the Saints ſhall (as Aſſeſſours) judge the world at the laſt day.
A ſecond Inſtruction from the premiſes, is, that ſurely then perſons in Civil Authority are in duty bound, even as they are perſons in civil Authority under God and Chriſt, as they are Miniſters of God, to indeavour the exact knowledge of his Law, Word and Rules; as other under-Rulers, are to know the Lawes of their Soveraign: for if they muſt reſtrain and puniſh, what is croſſe to thoſe Rules, they ought to know the Rules; elſe how ſhould they know what is croſſe to the Rules of the Word? or before they puniſh the ſame, how will they be able to uſe ſuch means of conviction of offendors againſt thoſe Rules, as God requireth? God put this principle into the heart even of Artaxerxes; that ſuch as knew the Lawes of God, ſhould be ſet in Authority to puniſh ſuch as did contrary to the Law of God, Ezra 7. 25, 26, 27, 28. compared. God by Jethro counſelled, that Rulers ſhould be men of Ability; even in Scripture, as well as other Lawes and learning, Exod. 18. 21. and Deut. 1. 13. compared; the book of the Law was ever to be with the Rulers ſet over Gods people, Deut. 17. 18. Joſh. 1. 7, 8. Eſay 32. 1, 2. & 33. 6. wiſdom and knowledge in ſuch as rule, is the ſtability of their times. It is Gods Ordinance to Gentile Rulers, that they ſhould be wiſe and inſtructed; even in the things, wayes and words of God, Pſal. 2. 10, 11. Pagan Rulers indeed, whileſt Pagan, do not know the Word, and ſo cannot ſo well puniſh what is croſſe to it; but of right and duty they are bound to know both.
A third Inſtruction hence, is; that if ſuch corruptions in Religion, are to be ſo reſtrained and puniſhed by higheſt Civil Authority, then are higheſt Civil Authority, which chiefly require ſuch puniſhment to be executed, to make Coercive Lawes about matters of Religion. For if ſo to puniſh, then in an ordinary way to do it, either by vertue of ſome political Law eſtabliſhed and promulged for that end: and then the caſe is granted; or elſe without ſuch a Law: and then way is made to bring in Arbitrary and tyrannical Government. Yea when a Civil State doth agree, in ſuch or ſuch matters of God, to be guided by the Word of God, and neceſſary deductions thence, what puniſhments to inflict upon ſuch or ſuch corruptions in Religion: Now that which is materially conſidered, the Law and Word of God, yet formally conſidered, as thus politically ratified and promulged; It is ſo far forth of the nature of a political law, and doth but ſtrengthen this Concluſion; That what a Civil State muſt puniſh, they muſt make political Lawes for that end; in that extraordinary caſe, Moſes without a law muſt puniſh that blaſphemer, Leviticus 24. 11, 12, 13, 14. but in reference to ordinary execution of Juſtice that way for the future; God biddeth Moſes to promulge a ſolemn Law in Iſrael, that whoſoever blasphemeth the name of the Lord, ſhall ſurely be put to death, verſ. 15, 16.
Touching this particular, 1. we diſtinguiſh of Civil Magiſtrates.
1. Civil Magiſtrates are conſidered either Indefinitely, or in a limited ſenſe. Indefinitely conſidered, they are the Ordinance of God; the Civil Powers that be are ordained of God; there is no power but of God, Rom. 13. 1. yea they are of Chriſt, under whom they rule, and by whom they decree whatſoever. Juſtice they do decree, Prov. 8. 15, 16. by me; who that is, is explained, verſ. 30. then I was by him, and I was daily his delight: and verſ. 31. Rejoycing in the habitable part of his earth, &c. by this eſſential wiſdom of God, Princes decree Juſtice; whether juſt Lawes againſt evil doers, or juſt cenſures, according to thoſe Lawes: he is King of kings, and Lord of lords, 1 Tim. 1. 15, 16, 17. Rev. 17. 14. & 19. 16. if conſidered in a limited ſenſe, under this or that form of Rule or Magiſtracy, whether Monarchical, Ariſtocratical, Democratical, or mixt of Ariſtocracy and Democracy: ſo it is a humane creature, as the Greek termeth it, 2 Pet. 2. 13.
2. Civil Magiſtrates are conſidered either as rightly ordered according to God; or as ſome way defective to his order▪ Regulated Magiſtrates, ordered according to the Rules of God and Chriſt, whoſe Ordinance they are, and by whom they rule; they are well verſed in Scripture, Deut. 17. 18, 19, 20. men of choyce Abilities for wiſdom and underſtanding; yea even in the things of God, Exod. 18. 21. & Deut. 1. 13, compared: ſuch as fear God, ibid. ſuch as rule in Gods fear, 2 Sam. 23. 3, 4. ſuch as do ſpiritual homage to Jeſus Chriſt, Pſal. 72. 10, 11. are ſpiritually wiſe, and well inſtructed, Pſal. 2. 10. Kiſſe the Son, with the kiſſe of faith, love and obedience, verſe 12. ſerve him, verſ. 11. not as men only, but as Kings and Judges Are nurſing Fathers to the Church, Eſay 49. 23. are brought to the Church to joyn with it, Eſay 60. 11. ſtoop to the Government of the Church as members of it, Eſay 49. 23. bring the glory of their Authority to the Church, Rev. 21. 24. thereby to miniſter every way, in way of protection, preſervation, and eſtabliſhment thereof, Civilly, in peace, and purity of doctrine and diſcipline, and the like, Eſay 60. 10. 1 Tim. 2. 1, 2. every way in their political manner, Miniſters even to Gentile Churches, ſuch as that of Rome was, for its good, Rom. 13. 4. and a terrour not to good works but to evil, Rom. 13. 3. In this reſpect, its ſo far from truth, that a godly man and member of Jeſus Chriſt, ſhould not be a Magiſtrate; (when yet godly Moſes, Joſhuah, David, Aſah, Jehoſhaphat, Hezekiah, Joſiah, Zerubbabel, Nehemiah, and others of old were: and ſo in and after Chriſts Incarnation, was Joſeph of Arimathea, Joh 19. 38. ſo was he, Joh. 4. 46, 53. compared: ſo was Cornelius, Act. 10. 2. and Sergius Paulus, Acts 13. 7. 12. compared, that Eunuch, Acts 8. 27. 37. compared, Eraſtus, Rom. 16. 23. &c.) that according to Gods rule, ſuch an one ſhould be the only man for that office. The Concluſion in ſpecial wiſe reſpected regulated Magiſtrates, and not ſo much ſuch as are defective to their ſupream Lords order and rules, and ſundry wayes groſly tranſgreſſing the ſame.
3. Civil Magiſtrates are conſidered in the perfection either of the Eſſence of their Magiſtracie, or of their Magiſtraticall Operations.
In the former ſence Pagans and other Rulers not regulalated according to Gods Rules, and perfect Rulers, and have a perfect right to eſtabliſh true Religion, and to make good our Lawes to that end; Albeit for want of light, they know it not, or for want of a better heart they doe it not: According as out of the like defects, they eſtabliſh not many wholſome Rules, and Lawes of civil Honeſtie and Iuſtice; albeit as Rulers, they have a power to doe it. In the latter ſenſe, if regulated, they are compleate, if not regulated, then in ſo farre forth, ſundry wayes imperfect, and deficient.
Secondly, we diſtinguiſh of Kingdoms or Common-wealths in which they rule. They are either greater or leſſer, the Rule concerneth both alike.
Again, they are either Pagan, not intended in the point; or Chriſtan, and theſe again either more pure, and better ſquared according to Gods rules, whoſe they are; or they are more corrupt, and Apoſtatizing from truth, or from purity and power in Religion; that point reacheth both.
Again theſe corrupter States are conſidered as ſo corrupt, either in the body of the Spirituall guides thereof, or in the body of the People, or in both: Neither the one nor the other are in Religion; excluded the point.
Thirdly, we diſtinguiſh of Legiſlative power in matters of Religion. It is either Abſolute, and meerly Soveraign; and ſo onelyonly God, and Chriſt is Law-giver unto his people, both for matters of Religion and Righteouſneſs, Piety and Honeſty, Firſt and ſecond table. Jam. 4. 12. There is one Law-giver. Eſay 33. 22. The Lord is our Law-giver. Or it is ſubordinate and ſubſervient, and in a way of conformity and reſpect to the Laws of God already made by God, and ſo as men may be Kings and Judges, though in other reſpects the Lord alone be King and Judge. Eſay 33. 22. ſo may men alſo make juſt decrees, & be Law-givers. Again, Law-givers are conſidered, either as Infallibly and immediately inſpired: ſuch a one was Moſes, Numb. 21. 18. or as bound indeed to the Rules of God, which are of Infallible Inſpiration, but not alwaies Infallibly caried out, according to thoſe Rules, and ſo others in higheſt place are Law-givers, as where thoſe Jewiſh Rulers long after Moſes time, with whom the civill Scepter was, they were Law-givers, and long after Davids time and Solomons (who had their inſpirations) ſo far as the Scepter, or Higher Civill power departed not from them, a Law-giver was among them. Gen. 49. 10. Prov. 8. 15, 16. Theſe Humane juſt decrees of higheſt Civill Rulers are by Chriſt.
Again, there is a power ſimply Eccleſiaſticall, reſpecting the decent, and orderly carrying on of the worſhip of God, according to generall Rules of the Scripture, and the preſcripts of holy prudence, left to the Churches liberty, 1 Cor. 14. 40. (though theſe conſtitutions are not ſo properly Laws but rather are Eccleſiaſticall directions of order, and decorum, about externall Rites, and circumſtances of worſhip,) which we grant, there is a Nomothetique power about matters of Religion, which is meerly Politicall and Civill, to which the concluſion looketh. There is a power ſuppoſed which is mixed, that is, partly Eccleſiaſticall, and partly Civill, which ſome give to the Pope, as do ſome Papiſts, ſome in name Proſteſtants, do give to Chriſtian Princes; but this confuſion of the two powers and ſwords, we deny to be from the God of Order.
Fourthly, we diſtinguiſh of Laws about Religion.
They are conſidered either materially or Formally.
Concerning ſuch Lawes materially conſidered, they are either of ſuch things which are manifeſtly croſs to divine Laws, which are the onelyonly Authentique and preſidentiall Laws, condemned in Jereboam and other wicked Princes, 1 Kings 12. 28. to the end; of ſuch Laws ſee allſo Hoſ. 5. 11. Or they are Humane Sanctions of the Laws of God, and of that which is according to thoſe Laws which we aſſert.
Secondly, Things according to the Word, properly reſpect either Fundamentalls, or Circa-fundamentalls; matters bordering upon Fundamentalls, and circumſtantially in Religion, or matters reſpecting Religion, of greater or leſſer weight; we would not exclude either from being materialls of Humane Civill Sanctions. 3. Matters of Religion are either ſuch as are manifeſtly in the Word, or ſuch, which though in thmeſelves, in the word, and grounds of it, yet not ſo clearly, but very diſputably; the regulated Magiſtrates ordinate Power, extendeth to deal about both, onelyonly in a different manner. 4 Diſputable matters in Religion are, either ſuch which are ſo really and in themſelves, or ſo onelyonly Imaginarily and meerly from Humane defects and corruptions, as when not ſo to the moſt and beſt Judgements of the ableſt Saints and ſervants of God, but to ſome few, and that either through weakneſs of Judgement, or through ſophiſticall argumentations of men of corrupt minds, or through groſs neglects and contempts of means of Inſtruction; theſe allſo admit of ſeverall Conſiderations in Politicall times about matters of Religion.
Secondly, Concerning ſuch Laws about Religion formally conſidered, we diſtinguiſh. They are either ſuch which are made of equall Authority with the Word, and ſuch which of and in themſelves doe bind Conſcience, which Popiſh Tenent we abhor; or they are ſuch which are no other but humane Civill Sanctions, and Ratifications, and Promulgations of Divine Laws, commanding, or forbidding what the Law or Word of God, either expreſly, or by juſt conſequence commandeth, or forbiddeth, ſo far as openly acted by the outward man, with ſuitable humane rewards or puniſhments annexed, binding Conſcience onelyonly ſo far as the Word it ſelf allowing the Authority, and the Laws likewiſe made by the Authority bindeth the ſame. This we aſſert.
Again, Humane Laws this way, are either ſuch as being made by Civill Authority, yet are ſuppoſed to come from ſome Church power reſiding in the ſayd Authority, and ſo to be by virtue of that Civill Authority Properly and Formally Eccleſiaſticall Laws, which we deny: Or ſuch which are materially, and Objectively Eccleſiaſticall Laws, that is, politicall, humane Sanctions of Gods Rules and Laws reſpecting the Church alſo, and Church Ordinances, which we aſſert. And now having layd down theſe diſtinctions, let us come to ſome Concluſions about this weighty matter.
1. Negatively.
Concl. 1. Higheſt Civil Authority may not impoſe what form of Worſhip, or of Church Diſcipline, they pleaſe, as Eraſtus and ſome others ſince him affirm: For both the Matter of the Worſhip of God, and the Means of Worſhip, whether Church Diſcipline, or any other Means, are limited by our own Law-giver to ſuch and ſuch Rules and Laws made to hand, and not left to any humane power to make it way. Neither may any humane powers, which are his Miniſters, tranſgreſs the Laws of this their Supreme, either by adding thereto any Law of their own, or taking there-from; they may, and muſt in their way, …d place, look to the due execution of his Laws, but foiſt in no new Law of their own, in things of his Worſhip. Hence that Injunction given to Joſhuah as Judge and Ruler, Joſhuah 1. 7, 8. Obſerve to doe according to all the Law which Moſes my ſervant commanded thee: He is therefore to look to the keeping of both Tables, commanded of God by Moſes; but muſt not turn from it to the right hand, or to the left. So gentle Princes muſt firſt be inſtructed (even in the Laws and mind of Chriſt) and then ſerve him as their Lord, Pſal. 2. 10, 11. God rooted out Jeroboam for this, and Iſrael for following ſuch like Commandements, Hoſ. 5. 11. and brandeth ſuch Ordinances in ſuch matters, which are not according to his Word, but mans device and will, to be Will-worſhip, Col. 2.
Concl. 2. Civill Authority may not impoſe, either what circumſtantials, or ſignificant Ceremonies in Religion they pleaſe, ſuch ſignificant Waſhings injoyned are forbidden, Mat. 15. 2. 7. 9. God left not them of old, either in matter of a very Curtain, or the like, in the Tabernacle; or in the matter of any ſignificant Ceremony to their own wits; but if he thought meet of teaching them any ſuch way, he himſelf told them thereof, and required it of them, as in thoſe ſignificant Ceremonies at the Paſſeover at firſt, of eating it with their loyns girt, with ſtaves in their hand, and ſhooes on their feet, to note their haſty coming out of Egypt, Exod. 12. 11. And in that of the Plates for a covering of the Altar, made of thoſe rebellious ones; Cenſers, to ſignifie, that none not of Aarons houſe, might ever after that dare to offer Incenſe, Numb. 16. 38, 40. And of like ſignificancy was Aarons Rod that budded, Numb. 17. 10.
Concl. 3. Higheſt Civill Authority hath no power formally Eccleſiaſticall to make Church Laws, ſo called, under pain of Excommunication, to be by virtue of their Authority executed by Eccleſiaſticall perſons, as thoſe who ſhould in their names ſummon, examine, and cenſure ſuch as will not actually conform to ſuch orders. This confuſion of Civill, and Church-power, and tyrannicall abuſe of Civill Authority, will bring confuſions upon States, which againſt all admonitions of Gods faithfull ſervants perſiſt therein, as it did to Jeroboam and his houſe, and all the reſt of Iſraels Princes which went in his footſteps, Zach. 11. 14, 15. & 13. 4. 9. 12. 20.
Concl. 4. No Civill Authority can by their Laws free any of their ſubjects, either from Eccleſiaſtical duties to the Church, as Members thereof; or from Church cenſures; nay, they cannot by any ſuch Law exempt themſelves, if Church members, from any ſuch Church duty or cenſure, much leſs can they exempt others; thoſe juſt duties and cenſures being authorized by the Soveraign Authority of Chriſt, as King, and Law-giver of his Church, and laying that bond upon Conſcience, which no humane, no nor Angelicall power can unlooſe, though they ſhould aſſay it. Chriſt requiring Peter and John to preach him to the people, the Jewiſh Rulers forbid them, it is not right in Gods ſight, themſelves being Judges, that man ſhould be obeyed rather than God, Acts 4. 18, 19, 20. This Chriſt condemned of old in them, that by their Injunctions would invalidate the Commandements of God, Mat. 7. 9, 10, 11, 12, 13.
Concl. 5. Higheſt Civill Authority cannot make any Laws about Religion, which do formally, and as they are humane Laws, bind their ſubjects Conſciences.
For firſt, neither men, nor any Laws of men, can looſe Conſcience from any guilt upon it, and therefore neither can they by any power of theirs bind it under guilt; For e…uſdem eſt ligans & ſolvens: Who can forgive ſins but God onelyonly? Mat. 9. 6. Who can eaſe the heart of its burthens, or from its yoaks, but Chriſt onelyonly? Math. 11. 28. Who can open that door but Chriſt alone? who can ſhut it, and when he ſhutteth it, no man can open, Rev. 2. 7. Church Officers, with their Churches may indeed bind and looſe in earth, remit or retain ſins miniſterially and declaratively, but not effectually and regally, Mat. 18. 18. John 20. 23.
2. Becauſe men cannot take cognizance of the obedience, or diſobedience of Conſcience it ſelf, within it ſelf, to their Laws; nor can any humane teſtimony from without be produced, how Conſcience doth carry it in its internall acts; God and Chriſt onelyonly know, and try the heart, Jer. 17. 10. Revel. 2. 23. No man knoweth what is in man but the ſpirit of man, 1 Cor. 2. 11.
3. Becauſe man cannot force either the mind or heart, wherein Conſcience partaketh, either to think. judge, or chuſe after their mindes or Laws, other than what themſelves chuſe; though they may force the outward man. Nebuchadnezar doth his pleaſure with their bodies, in Dan. 3. yet ver. 17, 18. they will not ſerve his Gods.
4. Becauſe men cannot reward Conſcience with any reward ſuitable to it, as inward peace or comfort, &c. in caſe of obedience to their Laws: God alone giveth ſoul-comfort, 2 Cor. 1. 3.
5. Becauſe men cannot puniſh the ſoul and ſpirit, thought it ſhould diſobey their commands, they can onelyonly kill the body, but not hurt the ſoul, Mat. 10. 28.
6. Becauſe if mens Laws of themſelves bound Conſcience, then at the day of Judgement men ſhould not be judged onelyonly according to the Word and Laws of God and Chriſt, as is affirmed Rom. 2. 14, 15. John 12. 48. but according to mans Laws alſo.
7. Becauſe it is poſſible that mens Laws though ſuppoſed to be according to the Word, yet they may not really be ſo: Now if mens Laws did formally bind Conſcience, then men ſhould ſtand Conſcience bound ſometimes to tranſgreſs the rules of Gods Word, by virtue whereof alone all mans Laws do bind. True it is, that Rom. 11. 3. Subjects are to obey Authority for conſcience ſake, but not as out of Conſcience to mans Laws, as humane, but by virtue of the fifth Commandement requiring honour of ſubjection to their Superiors lawfull Authority and commands, and by virtue of any ſuch particular Scriptures upon which any particular Laws of Churches are grounded.
Now let us lay down ſome poſitive Concluſions about this Nomothetique power.
Concl. 1. Firſt then in the general we affirm, That higheſt Civil Authority in a Religious State may make Political Laws, properly ſuch, about matters of Religion, and matters reſpecting the Churches of Chriſt.
R. 1. Becauſe ſupreme Political, or Civil power of Authoritative keeping the firſt, as well as the ſecond Table, is the Civill Rulers both duty and privilege, But Nomothetique power about both Tables is ſuch ſupreme power; And hence the King and Judge in Iſrael, is charged with keeping the whole Law of Moſes, Deut. 17 19. & 1 Kings 2. 3. Joſh. 1. 7, 8. Hence that Coronation Ceremony of delivering the Book of God into the Kings hand, when to be inſtalled in his Throne, 2 Chron. 23. 11. Hence 2 Chron. 13. 10, 11. For we (even King Abijam and the reſt of his Princes, and others) keep the charge of the Lord our God, but you have forſaken him. Why, did Abijah miniſter to the Lord in burning Incenſe? &c. No, he expreſly ſaith the Prieſts did it. How did he and the reſt of the Civil State keep the charge of the Lord? Surely in a way oppoſite to Jeroboam, and the Iſraelite ſtates forſaking the ſame (as the oppoſition of the one to the other in the Context ſheweth) now this was by Authoritative commanding the ſetting up of corrupt Prieſts, and injoyning the corrupt Worſhip and Service, and inhibiting, depoſing, and baniſhing the fruitfull Miniſters of Gods appointing, 2 Chron. 13. 9. and chap. 11. 14, 15. & Hoſ. 5. 1, 2. 11. compared. Abija's keeping then with his Princes that charge of God, was by a contrary Improvement of his Authority, in eſtabliſhing the matters of God and of the Church, and of the Miniſtry thereof, and the Ebrew text is Emphaticall. VVe have kept (foreign) the keeping of the Lord our God. God required the higheſt Ruler to look to it (foreign) that he keep all the words of this Law: King Abijah ſaith, we have kept the keeping of the Lord our God, or the keeping of Gods Laws, injoyned us by the Lord our God. Now Nomothetique power in matters of the firſt, as well as the ſecond Table, is ſupreme Politicall power in keeping of both Tables; Ergo, Nomothetique power in matters of both Tables, is the Civill Rulers dignity and duty, why elſe is the Law-giving power Indefinitely conſidered, reſpecting matters of Religion or righteouſneſs, annexed by God to the Scepter, or higheſt Civill power, in a State of his own appointment, Gen. 49. 10. Papiſts indeed generally give Nomothetique power in matters of the Church, and of Religion, to the Pope, as the head of the Church: and no wonder, in that they give him Supremacy above higheſt Civill Rulers, as Emperors or Princes; other Papiſts give that Legiſlative power to the Church Repreſentative in Synods: and no wonder, in that they exempt the Clergy from the ſecular Arm, unleſs firſt degraded, and delivered to them by the Pope: but we that know that Church Officers and Members, as that of Rome was, muſt be ſubject to higher powers, and that for conſcience ſake to the Lord, who hath ſo Marſhall'd (as the Greek word beareth it) them and us, making them as Laws. in an Army to lead us the way, and (according to this great Generall of the fields order) Politically to chooſe out our way for us, Job 29. 25. Rom. 13. 12. we may have learnt better things. We know that when God commended his Laws about Religion at firſt to his People, allthough he had Aaron the High Prieſt, as well as Moſes the higheſt Magiſtrate before him, yet Aaron muſt not promulge thoſe Laws, and give them in charge Autoritatively to be kept, or elſe in ſuch and ſuch caſes to be corporally puniſhed; but Moſes the Magiſtrate is choſen to be the man, Manifeſtly ſhewing thereby, that the care of Civill Injoyning and ordering the matters of God, formerly injoyned by himſelf, is committed by God to the chief Magiſtrate, and to no other; when Moſes was dead and Aaron both, God took the like courſe, he layeth not the charge of higheſt Politicall keeping both tables (even all his Law) upon Eleazar the high Prieſt, or upon the reſt of his Bretheren with him; but upon Ioſhua the chief Judge and Civill Ruler, Ioſh. 1. 7, 8.
R. 2. If Higheſt Civill power may, and muſt root out all abuſive practiſe, yea Monuments of Religion, then may they make Edicts & decrees to that end, with reference to Civill puniſhments of ſuch as maintain or uphold them; But the former is true, therefore the later. The propoſition is evident, ſince the Politicall Humane Law muſt Politically & legally give force & Authority to ſuch proceedings, and leave the Actors and Abettors the more inexcuſable. The Aſſumption is evident, by the rule of Gods proceeding in Church-Reformations, Eſay 1. 25. God ſaith there to the Church, I will partly purge away thy droſs, and take away all thy Tin: even all Church corruptions and corrupt mixtures in Religion; what courſe will God take for this end? he ſaith, verſe 26. I will reſtore thy Judges as at the firſt, and thy Counſellors as at the begining, after that, &c. they ſhould be then ſuch as their firſt Judges were, Moſes, Ioſhua, &c. who were zealous that way, Exod. 32. Numb. 22▪ and ſuch like as their firſt Sanhedrin of 70 Elders, Numb. 11. what ſuch Godly Rulers do, God ſaith he doth, I will take away all thy Tin.
3. R. If Higheſt Civill Authority ought to repeal perſecuting Laws, reſpecting Religion, and ſo free their Subjects from being any more liable to puniſhment in neglect thereof, then may they make Laws in matters of Religion; But the former is true Ergo, the latter. The conſequence of the propoſition appeareth, in that it muſt be one and the ſame power to make Laws about Religion, or the Church, as to unmake Laws about the ſame, or to repeal them; nor can a Law be legally or regularly repealed, but by a Law of Equall Authority with the Former; the Aſſumption we have all cauſe thankfully to acknowledge to Gods praiſe, in the Laws of Edward the ſixt, of Q. Elizabeth, and of this preſent Parliament of England, beſides thoſe of other godly Reforming States.
4. R. If Civill Authority may make Laws about Religion and the Church, to incourage or reward the ſame with Civill favours, who ſhall obſerve the ſame, then may they make Coercive Laws with reference to Civill puniſhments to ſuch as tranſgreſs the ſame; but the former is true, Ergo, the conſequence appeareth, in that it is the work of the ſame civill power to render praiſe to Publique commanded weldoing, to be in a like Authorative way, a terror to evill doers, Rom. 13. 3. 4. the Aſſumption none will deny, if they would; Its Scripture proof, witneſs the example of Darius the Mede, Dan. 6. 26. 5. of Cyrus the firſt Ezera. 1. 1. 2. 3. 4. 5. ſo of that other Darius, Ezra 6. and Artaxerſes, Ezra 7.
5. R. If Civill Authority may not make ſuch Lawes with reference to Civill puniſhments or rewards, to ratefie what the Lord that way Injoyneth or forbideth in Religion, it is becauſe therein they either uſurp Church-power or tranſgreſs ſome rule of God; but they do neither thereby, Ergo, the Aſſumption is proved thus: they uſurp not Church-power therein, becauſe what ever the Church may do, in a Church way, is not now the queſtion, but to be ſure the Church can make nothing like a Law, in any Civill and Politicall way, or with reference to Civill rewards or puniſhments, and what rule of God they tranſgreſs, is yet to be inſtanced in.
6. R. Bcauſe if not alone particular Miniſters, but a very Synod and Aſſembly of the Officers of the Churches in a Religious State; who in an ordinary and oderly way, are to guide and lead the godly Civil Rulers, and Eccleſiaſtically to determin what is the mind of God, touching matters of Religion, about which their Rulers are to make Laws, if ſuch an Aſſembly (I ſay) ſhould be corrupt in the Major part of it, who muſt Authoratatively reduce them into order? not an Univerſall Biſhop as the Pope, nor an ecumenicall Counſell, which is ſcarce Imaginable to be ſaid now adaies; Nor the Minor part of the Church Officers there met, or of their Churches to whom they do belong: The Minor part being in Foro externo & humane, the weaker and leſſer force and weight, and ſince in a Church-way they cannot do it, by way of other force, they muſt not aſſay it. They may not uſe the temporall ſword, as they are either Churches, or as Eccleſiaſticall Synods, Math. 26. 53. now the Civill Magiſtrate, or none upon Earth, in an orderly way muſt help, and if the Civill Magiſtrate legally help and regularly, then by Virtue of ſome State-Law provided for that purpoſe: Yea if ſuch a Synod ſhould in the Major part of them make decrees flatly croſs to the word of God, they muſt make Civill Laws to make them null, if not one or two, but an Aſſembly, of the Nurſes of the Churches children, ſhould combine together to priſon them, as a very Kennell of Wolves, or a company of Foxes Agree to deſtroy the Lambs of the Flock, theſe Politicall Nurſe-fathers, Eſay 25. 12. And Shepheards, Mich. 7. 5. muſt help againſt ſuch miſchiefes ſeaſonably, and provide to reſtrain the ſame, by holſom Laws, Edicts, and the like; and ſuitable puniſhments executed.
Object.
Yea, but Civill Authority may be Corrupt.
Anſ.
True ſaith, Reverend Mr. Beaza (lib. de haereticis Magiſtratu puniendis) For the Churches ſuffering for ſins provoking to that Judgement, and for triall for ſuch as are godly; but in the mean ſpace (ſaith he) For fear of Tiranny, to ſpoil the Magiſtrate of one Chief part of his Jurisdiction, and leaving the Ordinary Remedy to look for an extraordinary one is not good: with divers other paſſages to like purpoſe.
R. 7. Becauſe the rule of Relates requireth, that thoſe to whom we are Politically ſubject, as to the higheſt Civill power; do in like ſort as we are ſubject to them, give forth Laws for our Spirituall and Eccleſiaſticall good, or reſtraint of the contrary evill, as under a Civll reſpect, and coming under their Cognizance, but to higheſt Civill Authority, are all ſorts, Churches, Members, or Officers of Churches, &c. even every ſoul, to be ſubject in a Politicall way; Therefore in the like Politicall way, may they make ſuch Laws for the Spirituall and Eccleſiaſticall good of Churches, and of their Officers and Members, and for the reſtraint of the contrary evills; both propoſitions are grounded upon, Rom. 13. 1, 2, 3, 4.
Let us now briefly Anſwer, what ſome may object againſt this Concluſion.
Obj.
1. We have one Law-giver in the matters of God and the Church, and therefore not ſo many as higheſt Civill Courts to give us Laws that way.