The Civil Magistrates Power in Matters of Religion, Answer 23 – Object 21
Anſ.
It is true, ſuppoſing they judge according to Chriſts judgement, in the words He that hearreth you beareth me, and he that despiſeth you despiſeth me: and ſo as a covenanted Member Luk. 10. 16.he is bound to hear them; and if he by groſs contempt of their Counſells, when according to Chriſt, do give them offence, they may by all good meanes ſeek to convince ſuch an offending brother: and in caſe he hear not, bring it to the Church, of which this or that Magiſtrate is a member, and if he hear not the Church, he may be caſt out of the Church. Math. 18. Yet ſecondly this hindereth not, but that that Civill Magiſtrate is a politicall Judge of others paſtorall Judgements, whether indeed according to the word, before he do eſtabliſh any concluſions of theirs for Politicall lawes. Thirdly, Nor doth this warrant any Church to proceed againſt any Civill Ruler whatſoever for rejecting their erroneous determinations, but that it being clavis errans, it is an abuſe of Church power, and bindeth not before God. Nor is that, What yee bind on earth is bound in heaven, verified in the abuſe, but right uſe of the power of the keyes: whence Chriſts owning of him whom the Synagogue caſt out, Joh. 9. 35, Luk. 6. 21▪37. 28. 39. Hence a bleſſing pronounced to ſome unjuſtly cenſured. Fourthly, Nor doth this hinder but that Civill Authority may and muſt politically judge of the errors of Synodicall determinations, and cenſure civilly ſuch as make them.
To ſhut up all that we would ſay to what is thus objected.
In caſe of a right adminiſtration, the Civill Magiſtrate, in duty ſubjecteth his Memberly Judgement to his Paſtors miniſteriall Judgement, but in caſe of Aberration, he may not deliver up to any the ſupremacy of his Politicall Judgement. They herc conclude right who ſay, that neither the Civill Magiſtrates Politicall Judgement is a certain rule, either to Synods or Churches Judgements: nor is their Eccleſiaſticall Judgement an infallible rule to his Politicall Judgement, but the revealed word is the onelyonly infallible rule to both. Leaving then to either the ſupremacy of their ſeverall Judgements, to the former Politicall, to the latter Eccleſiaſticall, the Magiſtrate as a Magiſtrate cannot define eccleſiaſtically, with reference to Church cenſures, in refuſall of ſuch determinations of his: the Church as a Church cannot define Politically with reference to Civill rewards and puniſhments.
Ob.
It may ſeem that each particular Chriſtian ſubject is to judge rather what is, or what is not according to the word, becauſe they are to obey thoſe edicts, & none are to yield blind obedience, to obey this or that Politicall law concerning Religion, or the Church, as in this or that particular according to God, becauſe others Judge ſo, but becauſe himſelf judgeth ſo: a mans own Judgment is to him his own immediate perſonal Judge of what he is to act, or forbear: let every man be fully perſwaded in his mind: and whatſoever is not of faith is ſin. And the Contrary Rom. 14.tenent, making Civill powers, higheſt earthly Judges what particular things are contrary to the word, were a way to open a gap to moſt bloody perſecutions without redreſs, ſince they may Judge that to be contrary to the word, which is not: And it were a way to juſtify the Civill acts, and Eccleſiaſticall too, of Popiſh governments, whereby they have made and executed fiery lawes againſt the Saints for Hereſie, as judging it to be Hereſie and deſerving the Faggot, as in the Mariau dayes.
Anſ.
1. Be it that a Chriſtian, be his own next Judge of what he is to do or not, as he is a Chriſtian and in reference to his inward Peace, or the breach of it: nor is he to pin his perſonall Judgement of matters of Chriſt or of his Church upon any others Judgement meerly or chiefly: but though he have his particular Iudgement as a private Chriſtian, in a Chriſtian way, yet that hinders not but that the Civil Magiſtrate hath his publique Political Judgement, in reference to Civill rewards and puniſhments, of what is or is not to be expreſſed and acted by the outward man of each Member of the State, as he is a Member of the State, and as his act reflecteth upon the Civill State, or its peace and good; no more than the ſame priviledge of private Judging hindereth the Church to Iudge Eccleſiaſtically of what a Member, as a Member of the Church, is to do, or not to do, or hath done amiſs; as his act doth concern, or reflect upon the Church.
Secondly, If becauſe each one as a Chriſtian, is in a private way to Iudge of his own act, the Magiſtrate Legiſlatively and Iuridically may not determine in his Politicall way that any thing is duty or not, in matters of Religion, unleſs according to ſuch particular Chriſtians Iudgements: then it is unlikely, if not impoſſible, that any law about Religion ſhould be made, or any politicall determination thereof given: ſince ſome will be of different minds, yea about fundamentalls; as for example, ſome will Iudge the Pope to be head of the Church: ſome that Chriſt is not very God, ſome that he is not very man: ſome will hold ſuch Incouragements to well doers ſhould be given, others will differ from them: yea the like will follow in matters of the ſecond table, upon like grounds, Chriſtians therein alſo are to follow their own Iudgements and not other mens: and whatſoever in ſuch matters alſo, is not of faith, is ſin: therefore it muſt not be Politically determined, that lying with another man wife is ſin, or to be puniſhed at all by State or Church, ſince ſome Iudge a community of the uſe of the bodies of Siſters (at leaſt) to be lawfull, nor muſt the taking away of others goods or cattell from them for others uſe, be Politically determined or puniſhed as evill, ſince ſundry Chriſtians Iudge a community of ſuch things alſo to be good: nor muſt the taking away of Heretique-princes lives by Aſſaſſinates be Politically determined and puniſhed, as evill, ſince Chriſtians of Popiſh Iudgements, think it a meritorious act.
Thirdly, Then could not it not be orderly determined, no not 2 Chron. 15. 13.with conſent of the body of the people, that ſuch as would not ſeek the Lord—ſhould be put to death: ſince ſundry might judge it too harſh, yea in determining thereof▪ they implied that ſome would be of another mind, & ly open to that cenſure: yet its recorded to their honour, that they did ſo. Exo. 34. 1, 2, 3, 4. Theſe are thy Gods O Iſrael that brought thee out of Egypt: that was their Iudgement, yet Moſes Politically determining otherwiſe of it, as puniſhable with death, ver▪ 26, 27, 28, 29. did well in it.
Ob.
True, you will ſay: but the Iſraelites erred in either thinking or ſpeaking ſo.