Sermon to House of Commons, Treatise

Sermon to House of Commons · Treatise

p. 39OF TOLERATION:

And the Duty of the Magiſtrate, About RELIGION:

THE Times are buſie, and we muſt be breife. Prefaces, for the moſt part are at all times needleſſe, in theſe, troubleſome. Mine ſhall only be, that foreign, without either Preface or Paſſion, I will fall to the buſineſſe in hand. The thing about which I am to deale, is commonly called Toleration in Religion, or Toleration of ſeverall Religions. The way wherin I ſhall proceed, is not by conteſt, thereby to give occaſion: for the reciprocation of a Saw of debate with any, but by the laying downe of ſuch poſitive obſervations, as being either not apprehended, or not rightly improved, by the moſt, yet lye at the bottome of the whole difference betweene men about this buſineſſe, and tend in themſelves to give light unto a righteous and equitable determination of the maine thing contended about: And laſtly herein, for method, I ſhall firſt, conſider the grounds upon which that Non toleration whereunto I cannot conſent, hath been and is ſtill indeavoured to be ſupported, which I ſhall be neceſſitated to remove, and then in order aſſert the poſitive Truth, as to the ſubſtance of the buſineſſe under conteſt: all in theſe enſuing obſervations.

1. Although the expreſſions of Toleration, and Non toleration wherewith the thing in controverſie is veſted, doe ſeeme p. 40to caſt the Affirmation upon them who plead for a forbearance in things of Religion towards diſſenting perſons, yet the truth is, they are purely upon the Negation, and the Affirmative lyes fully on the other part: and ſo the weight of proving (which ofttimes is heavy) lyes on their ſhoulders. Though non-toleration ſound like a negation, yet puniſhment, (which termes in this matter are foreign) is a deep Affirmation. And therefore it ſufficeth not men to ſay, That they have conſulted the minde of God, and cannot finde that hee ever ſpake to any of his Saints or people to eſtabliſh a Toleration of errour: And yet this is the firſt argument to oppoſe it, produced in the late Teſtimony of the Reverend and learned Aſſembly of the Church of Scotland. Affirmative precepts muſt be produced, for a non Toleration, that is the puniſhing of erring perſons. For actings, of ſuch high concernment, men doe generally deſire a better warrant then this, There is nothing in the Word againſt them. Cleare light is needfull for men, who walke in paths, which lead directly to houſes of Blood. God hath not ſpoken of Non-Toleratin, is a certaine rule of Forbearance. But God hath not ſpoken of Toleration, is no rule of acting in oppoſition thereunto. (What he hath ſpoken one way or other, ſhall be afterwards conſidered.) Poſitive actings muſt have poſitive precepts, and rules for them, as conſcience is its owne guide. If then you will have perſons deviating in their apprehenſions from the truth of the Goſpell, civilly puniſhed, you muſt bring better warrant then this, that God hath not ſpoken againſt it, or I ſhall not walke in your wayes, but refraine my foot from your path.

2. That undoubtedly there are very many things under the command of the Lord, ſo becomming our duty, and within his promiſe, ſo made our priviledge, which yet if not performed, or not enjoyed, are not of humane cognizance, as faith it ſelfe. Yet becauſe the knowledge of the Truth is in that rank of things, this alſo is urged as of weight, by the ſame learned perſons, to the buſineſſe in hand.

3. Errours, though never ſo impious, are yet diſtinguiſhed from Peace-diſturbing enormities. If Opinions in their owne nature tend to the diſturbance of the publike peace, either that p. 41publick Tranquilitie is not of God, or God alloweth a penall reſtraint of thoſe Opinions. It is a miſtake, to affirme, that thoſe who plead for Toleration, doe allow of puniſhment for offences againſt the ſecond Table, not againſt the firſt. The caſe is the ſame both in reſpect of the one, and the other. What Offences againſt the ſecond Table are puniſhable? Doubtleſſe not all: but onelyonly ſuch as by a diſorderly Eruption pervert the courſe of publicke quiet and ſociety. Yea none but ſuch, fall under humane Cognizance. The warrant of exerciſing vindictive power amongſt men, is from the reference of Offences to their common tranquility. Delicta puniri, publice intereſt. Where puniſhment is the debt, Bonum totius, is the Creditour to exact it. And this is allowed, as to the Offences againſt the firſt Table, If any of them in their owne Nature (not ſome mens apprehenſions) are diſturbances of publick peace, they alſo are puniſhable. Only let not this be meaſured by diſputable conſequences, no more then the other are. Let the Evidence be in the things themſelves, and Actum eſt, let who will plead for them. Hence,

Popiſh Religion, warming in its very Bowels, a fatall Engine againſt all Magiſtracy amongſt us, cannot upon our Conceſſions plead for Forbearance: It being a knowne and received Maxime, that the Goſpell of Chriſt, claſhes againſt no righteous ordinance of man.

And this be ſpoken to the third Argument of the forenamed Reverend perſons from the Analogie of delinquencies againſt the firſt and ſecond Table.

4. The Plea for the puniſhment of Erring perſons, from the penall conſtitution under the Old Teſtament againſt Idolaters (which in the next place is urged) ſeemes not very firme and convincing. The vaſt diſtance that is between Idolatry, and any Errors whatſoever, as meerly ſuch, however propagated or maintained with Obſtinacy, much impaireth the ſtrength of this Argumentation.

Idolatry is the yeelding unto a Creature the ſervice and worſhip due to the Creator: Reinold. de. Idol. li. 2. Cap. 1. S. 1. Idololatria eſt circa omne Idolum famulatus & ſervitus, Tertul. de Pol. The attendance and ſervice of any Idoll. Idololatroe dicuntur p. 42qui ſimulachri eam ſervitutem exhibent quae debetur Deo: Auguſt lib. 1. de Trinit. Cap. 6. They are Idolaters who give that ſervice to Idols which is due unto God. To render glory to the Creature as to God, is Idolatry, ſay the Papiſts: Bell. de Eccleſ, Triump. lib. 2. cap. 24. Greg. de Valen. de Idol. lib. 1. cap. 1. Suitable to the deſcription of it given by the Apoſtle, Rom. 1. 25. plainely, that whereunto the Sanction under debate was added, as the bond of the Law againſt it (which was the bottom of the commendable proceedings of diverſe Kings of Judah againſt ſuch) was a voluntary relinquiſhment of Jehovah revealed unto them, to give the honour due unto him to dunghill Idols. Now though Error and Ignorance ofttimes lye as the bottome of this abhomination, yet Error properly ſo called, and which under the name of Hereſie is oppoſed, is ſufficiently differenced therefrom. That Common definition of Hereſie, that it is an Error, or Errors in or about the Fundamentals of Religion, maintained with ſtubbornneſſe and pertinacy after Conviction (for the maine received by moſt Proteſtant Divines) will be no way ſuited unto that, which was before given of Idolatry and is at commonly received; being indeed much more cleare, as ſhall be afterward declared. That this latter is proper and ſuitable to thoſe Scripturall deſcriptions, which we have of Hereſie, I dare not aſſert: but being received by them who urge the puniſhment thereof, it may be a ſufficient ground of affirming, that thoſe things whoſe definitions are ſo extreamely different, are alſo very diſtant and diſcrepant in themſelves, and therefore Conſtitutions for the diſpoſall of things concerning the one, cannot eo nomine, conclude the other. Neither is the Inference any ſtronger, then, that a man may be hanged for coveting, becauſe he may be ſo for murdering.

The penall Conſtitutions of the Judaicall policy (for ſo they were which yet I urge not) concerning Idolaters, muſt be ſtretched beyond their Limits, if you intend to enwrap Hereticks within their Verge. If Hereticks be alſo Idolaters, as the Papiſts. (The poor Indians who worſhip a piece of red cloath, the Egiptians who adored the Deities, which grew in their owne Gardens, ceing not more beſotted with this abhomination p. 43then they who proſtrate their ſoules unto, and laviſh their Devotion upon a peice of Bread, a little before they prepare it for the draught, ſo caſting the ſtumbling block of their iniquities before the faces of poore Heathens and Jewes, cauſing Averroes to breath out his ſoule, in this expreſſion of that ſcandall, Quoniam Chriſtiani manducant Deum quem adorant, ſit anima mea cum Philoſophis.) I ſay then, the caſe ſeemes to me, to have received ſo conſiderable an alteration that the Plea of forbearance is extreamely weakened; as to my preſent apprehenſion: However for the preſent, I remove ſuch from this debate.

5. The like to this alſo, may be ſaid concerning Blaſphemy, the Law whereof is likewiſe commonly urged in this cauſe. The eſtabliſhment for the puniſhment of a Blaſphemer is in Lev. 24. 16. Given it was upon the occaſion of the blaſpheming and curſing of the Son of an Egyptian, upon his ſtriving & contending with an Iſraelite. Being (probably) in his own apprehenſion wronged by his Adverſary, he fell to Reviling his God. The Word here uſed to expreſſe his ſinne, is foreign ſignifying alſo to peirce, and is twice ſo rendered, Iſa. 36. 6. Hab. 3. 14. Deſperate expreſſions peircing the honour and glory of the moſt High, willingly and wilfully, were doubtleſſe his death deſerving crime. It is the ſame word that Balack uſed to Baalam, when he would have perſwaded him to a deliberate curſing and powring out of the Imprecations on the people of God, Numb. 23. 13, 14. A reſolved peircing of the Name and glory of God, with curſed reproaches, is the crime here ſentenced to death. The Schoolemen tell us, that to compleate Blaſphemy of the perverſe affection in the Heart in deteſtation of the goodneſſe of God, joyned with the Reproaches of his Name, is required. Thom. 22ae. g. 13. a. 1. ad 1 um. Which how remote it is from Error of any ſort (I meane within the compaſſe of them whereof we ſpeak) being a pure miſapprehenſion of the underſtanding, imbraced (though falſely) for the honor of God, I ſuppoſe is eaſily conceived: and ſo conſequently that the Argument for the death of a perſon erring, becauſe he came off no eaſier, of old who blaſphemed, is a baculo ad angulum.

p. 44If any ſhall ſay that Blaſphemy is of a larger extent, and more generall acceptation in the Scripture, I ſhall not deny it. But yet that, that kind of blaſphemy which was puniſhable with violent death, was comprehenſive of any inferiour crime, I ſuppoſe cannot be proved. However, Blaſphemy in the Scripture is never taken in any place that I can remember,Acts 26. 11.Acts 26:11 for a mans maintaining his owne Error, Acts 18. 6.Acts 18:6but for his reviling and ſpeaking evill of the Truth which he receiveth not,1 Tim. 1. 13.1 Tim 1:13 and ſo Paul before his converſion was a Blaſphemer.

Now if men to whom forbearance is indulged in by-paths of their owne, ſhall make it their worke to caſt dirt on the better wayes of truth, it is to me very queſtionable whether they do not offend againſt that prime dictate of nature, for the preſervation of humane ſociety, Quod tibi fieri non vis, alteri ne feceris; and for ſuch, I will be no Advocate.

Neither can indeed the Law of Blaſpbemy, be impartially urged by us in any caſe of Hereſie whatſoever. For,

1. The paenall Sanctions of the Lawes of God are not in England eſteemed of Morall equity, and perpetually indiſpenſable; for if ſo, why doe Adulterers unmoleſted, behold the violent death of Stealers.

2. The Blaſphemer by that Law was not allowed his Clergy. Dye he muſt without mercy, no roome being left for the intervention of Repentance, as to the removall of his temporall puniſhment. When once the Witneſſes Garments were rent, he was Anathema: But in caſe of any Hereſie, repentance, yea Recantation is a ſure Antidote (at leaſt for once, ſo it is among the Papiſts) againſt all corporall ſufferings.

6. Neither doth that place in Zachary, Chap. 13. v. 3. concerning the running through of the falſe Prophet, more prove or approve of the puniſhment of death to be inflicted for miſapprehenſions in the matters of Religion (and if it proves not that, it proveth nothing, for ſlaying is the thing expreſſed, and certainely if proofes be taken from the Letter, the Letter muſt be obeyed, or we force the Word to ſerve our Hypotheſis) then that place of Joh. 10. He that entereth not by the doore is a thiefe and a robber; which Bellarmine ſtrongly urgeth to this very p. 45purpoſe, becauſe Theives and Robbers, are ſo dealt withall, righteouſly: Bell. lib. de Laicis. cap. 21. If ſuch deductions may be allowed it will be eaſie to prove, quidlibet, ex quolibet, at any time.

If the Letter be urged, and the ſenſe of the Letter as it lyes (aaAuguſt. de util. creden. cap. 3. Thom. pp. q. 1 a. 10. Zanch. de SS. q. 12. cap. 2. reg. 10. Tilen. Syntag. Theol. de interpret. S. theſ. 8. Whitak. de. SS. qu. 5. cap. 2. Armin. diſput. pri. Theſ. 9. 1. Ameſ. Med. Theol. cap. 34. Theſ. 22. indeed the figurative ſenſe of ſuch places is the proper literall ſenſe of them) let that ſenſe alone be kept to: Let Parents then paſſe ſentence, condemne, and execute their Children, when they turne Seducers. And that in any kind whatſoever, into what Seduction ſoever they ſhall be ingaged; be it moſt pernicious, or in things of leſſe concernment; The Letter allows of none of our diſtinctions; be they convinced or not convinced, obſtinate or not obſtinate, all is one, ſo it muſt be, thruſt through, and ſlain by their Parents, muſt they fall to the ground; OnelyOnly obſerve, his Father and his Mother that begat him, muſt be made Magiſtrates, Prophets with uncleane ſpirits be turned into Hereticks, onelyonly thruſting through, that muſt be as it is in the Letter; yea though plainely the Party, of whom it is ſaid, Thou ſhalt not live, v. 3. is found alive, v. 6. Surely ſuch an Orleans gloſſe is ſcarce ſufficient to ſecure a conſcience in ſlaying Hereticks. But when Men pleaſe, this whole place ſhall directly point at the Diſcipline of the Churches and their ſpirituall cenſures under the Goſpel, curing deceivers and bringing them home to confeſſion and acknowledgement of their folly: ſee the late Annot. of the Bible.

7. From the aſſerting of the authority, and deſcription of the duty of the Magiſtrate, Rom. 13. the Argument is very eaſie, that is produced, for the ſuppreſſing, by externall force, of erronious perſons: The Paralogiſme is ſo ſoule and notorious, in this arguing, hee is to ſuppreſſe evill deeds, Hereſie is an evill deed, therefore that alſo, that it needs no confutation. That he is to puniſh all evill deeds was never yet affirmed. Ʋnbeliefe is a worke of the fleſh; ſo is Coveting: one the root ſinne, againſt the firſt, the other againſt the ſecond Table: Yet in themſelves, both exempted from the Magiſtrates Cognizance and juriſdiction. The evill doers doubtleſſe for whoſe terrour and puniſhment he is appointed, are ſuch as by their deeds, diſturbe that humane Society, the defence and protection wherof, p. 46is to him committed. That among the Number of theſe, are Errours, the depravations of mens underſtandings, hath not yet been proved.

8. The caſe of the Seducer, from Deut. 13. is urged with more ſhew of reaſon then any of the others, to the buſineſſe in hand; but yet the extreame diſcrepancies between the proofe, and the thing intended to be proved, make any Argumentation from this place, as to the matter in hand, very intricate, obſcure, and difficult. For,

1. The Perſon here ſpoken of, pretends an immediate Revelation from Heaven: he pretends Dreames, and gives ſignes and wonders, v. 1. and ſo exempts his ſpirit from any regular tryall: Hereticks for the moſt part, offer to be tryed by the Rule that is in Medio, acknowledged of all; a few diſtempered Enthuſiaſts excepted.

2. His buſineſſe is, to Entice from the worſhip of Jehovah, not in reſpect of the manner but the object, v. 5. All Hereticks pretend the feare of that great Name.

3. The accepting and owning Idoll dunghill Gods in his roome, is the thing perſwaded to, v. 2, (and thoſe were onelyonly Stocks and Stones) and this in oppoſition to Jehovah, who had revealed himſelfe by Moſes. Hereticks, worſhip him, owne him, and abhorre all thoughts of turning away from following after him, according to their Erronious apprehenſions. Manichees, Marcionites, Valentinians, and ſuch like names of Infidels, I reckon not among Hereticks, neither will their brainſick Paganiſh follies, be poſſibly comprehended under that definition of Hereſie which is now generally received. Mahumetans are farre more rightly tearmed Hereticks, then they.

4. This Seducer was to dye without mercy: And Aynſworth obſerves from the Rabbines, that this Offender alone, had traps laid to catch him; and were he but once overheard to whiſper his ſeduction, though never ſo ſecretly, there was no Expiation of his tranſgreſſion, without his owne blood: but now this place is urged for all kind of reſtraint and puniſhment whatſoever. (Now where God requires blood, is it allowed to man, to Commute at an inferiour Rate?) So I confeſſe p. 47it is urged. But yet what lyes at the Bottome, in the Chambers of their bellyes who plead for the Power of the Magiſtrate to puniſh erring Perſons, from thoſe and ſuch like places as theſe, is too apparent. Blood is there: ſwiftly, or ſlowly, they walke to the Chambers of death.

5. Obſtinacy after conviction, Turbulency, &c. which are now laid downe, as the maine weights that turne the Scale on the ſide of Severity, are here not once mentioned, nor by any thing in the leaſt intimated. If he have done it, yea but once, openly, or ſecretly, whether he have been convinced of the ſinfulneſſe of it, or no, be he obſtinate or otherwiſe, it is not once inquired, dye he muſt, as if he had committed Murder, or the like indiſpenſable death-procuring crime. If the puniſhment then of erring Perſons be urged from this place, all conſideration of their Conviction, Obſtinacy, Pertinacy, muſt be laid aſide: the Text allows them no more Plea in this buſineſſe, then our Law doth in the caſe of wilfull Murder.

6. Repentance and Recantation will in the judgement of all, reprieve an erring perſon from any ſentence of any puniſhment corporall whatſoever; and many reaſons may be given, why they ſhould ſo doe. Here is no ſuch allowance. Repent or not repent, recant or not recant, he hath no ſacrifice of Expiation provided for him, dye he muſt.

7. This Law containes the Sanction of the third Commandement as the whole, was a Rule of the Jewiſh politie in the Land of Canaan: This amongſt us is generally conceived not binding, as ſuch.

8. The formall reaſon of this Law by ſome inſiſted on, becauſe be ſought to turne a man from Jehovah:

1. Is of force onelyonly in this caſe of the object whereunto ſeduction tends; viz. ſtrange gods, and no other.

2. Turning from Jehovah reſpects not any manner of backſlyding in reſpect of the way of worſhip, but a falling away from him as the object of worſhip.

Now there being theſe and many other diſcrepancies hindering the caſes propoſed from running parallell, I profeſſe for my part, I cannot ſee how any ſuch evident deductions can poſſibly be drawne from hence, as to be made a bottome of p. 48practiſe and acting in things of ſo high concernment. What may be allowed from the equity of thoſe and the like Conſtitutions, and deduced by Analogie and proportion to the buſineſſe in hand, I ſhall afterwards declare.

The ſumme of what is uſually drawne out from holy Writ, againſt ſuch a forbearance, as I ſuppoſe may be aſſerted, and for the puniſhing Hereticks with Capitall puniſhments being briefly diſcuſſed, I proceed in the next place to ſuch other generall obſervations, as may ſerve to the further clearing of the buſineſſe in hand, and they are theſe that follow.

1. The forbearance of, or oppoſition unto Errors, may be conſidered, with reſpect either unto Civill or Spiritual Judicature. For the Latter, it is either Perſonall or Eccleſiaſticall, properly ſo called. Perſonall forbearance of Errors in a ſpirituall ſenſe, is a Moral Toleration or approbation of them. So alſo is Eccleſiaſticall. The Warrant for proceedance againſt them, on that hand is plaine and evident. Certainely this way, no Error is to be forborne. All perſons who have any Intereſt and ſhare in Truth, are obliged in their ſeverall wayes and ſtations, to an oppoſition unto every Error. An oppoſition to be carryed on by Goſpel Mediums, and ſpirituall weapons. Let them according as they are called or opportuned, diſprove them from the Word, Contending earneſtly for the faith once delivered unto the Saints: Erring Perſons are uſually (Bono animo, ſayes Salvian) very zealous to propogate their falſe conceptions; and ſhall the Children of Truth be backward in her defence. Precepts unto this as a duty, commendations of it, incouragements unto it, are very frequent in the Goſpel. Alike is this duty incumbent on all Churches walking to the rule. The ſpirituall Sword of Diſcipline, may be lawfully ſheathed in the blood of Hereſies. No ſpirituall Remedy, can be too ſharpe for a ſpirituall diſeaſe. When the Cure is ſuited to the Malady, there is no danger of the application. And this is not denyed by any. He that ſubmits himſelfe to any Church ſociety, does it ea lege, of being obedient to the Authority of Chriſt; in that Church in all its Cenſures. Volenti non fit injuria. Error is offenſive, and muſt be proceeded againſt. Examples and precepts of this, abound in the Scriptures. The blood of p. 49many erring perſons (I doubt not) will one day have a Quo warranto granted them, againſt their (as to the particulars in debate) Orthodox ſlayers, who did it to promote the ſervice of God. Let them not fear an after reckoning, who uſe the Diſcipline of Chriſt, according to his appointment.

This being conſidered, the occaſion of a moſt frequent Paralogiſme is removed. If errours muſt be tolerated, ſay ſome, then men may doe what they pleaſe, without controll? No meanes it ſeems muſt be uſed to reclaime them? But! is Goſpel Conviction no meanes? Hath the Sword of Diſcipline no edge? Is there no meanes of inſtruction in the New Teſtament eſtabliſhed, but a Priſon and a Halter? Are the Hammer of the Word, and the Sword of the Spirit, which in days of Old, broke the ſtubbornneſt Mountaines, and overcame the proudeſt Nations, now quite uſeleſſe? God forbid. Were the Churches of Chriſt, eſtabliſhed according to his appointment, and the profeſſors of the Truth, ſo knit up in the unity of the Spirit and bond of peace, as they ought to be, and were in the Primitive times; I am perſwaded thoſe deſpiſed Inſtruments would quickly make the proudeſt Hereticke to tremble. When the Churches walked in ſweet Communion, giving each other continuall account of their affaires, and warning each other of all, or any ſuch perſons, as either in practice, or doctrine, walked not with a right foot (as we have examples in Clem. Epiſt. ad Corinth. the Churches of Vienna and Lyons, to thoſe of Aſia: Euſeb. of Ignatius to ſeverall perſons and Churches, of Iraeneus to Victor. Euſeb. Dyoniſius to Stephen, ibid. and the like) Hereticks found ſuch cold entertainment, as made them aſhamed if not weary of their choſen wanderings; but this is not my preſent buſineſſe.

2. There is an oppoſition, or forbearance, in reference to a civill Judicature, and proceedence of things, which reſpecteth Errors, in a Reall ſenſe, as to the inflicting, or not inflicting of puniſhment, on Religious Delinquents. And this is the ſole thing under debate, viz.

Whether Perſons enjoying civill Authority over others, being intruſted therewithall, according to the Conſtitutions of the place and Nation where the lot of them both, by Providence is fallen, p. 50are inveſted with power from above, and commanded in the Word of God, to coerce, reſtraine, puniſh, confine, impriſon, baniſh, hange, or burne, ſuch of thoſe perſons under their juriſdiction, as ſhall not embrace, profeſſe, beleeve, and practice, that Truth and way of worſhip, which is revealed unto them of God, or how far, into what degrees, by what means, in any of theſe wayes, may they proceed.

The Generall propoſitions and conſiderations of the penall Lawes of God, which were before laid downe, have, as I ſuppoſe, left this buſineſſe to a naked debate from the word of truth, without any ſuch prejudices on either part, as many take from a miſapprehenſion of the mind of God in them; and therefore by the Readers patience, I ſhall venture upon the whole anew, as if no ſuch arguments had ever been propoſed, for the affirmative of the Queſtion in hand, not declining the utmoſt weight, that is in any of them, according to equity and due proportion. And here firſt I ſhall give in a few things.

1. To the Queſtion it ſelfe.

2. To the Manner of handling it.

1. To the Queſtion it ſelfe, for herein, I ſuppoſe,

1. That the Perſons enjoying Authority, doe alſo enjoy the truth, which is to the advantage of the Affirmative.

2. That their Power in civill things is jnſt and unqueſtionable, which alſo looſes favourably on that ſide.

3. That Non-toleration makes out it ſelfe in poſitive infliction of puniſhment, which is ſo, or is nothing. Caſting men out of protection, expoſing them to vulgar violence, is confeſtly unworthy of men repreſenting the authority of God, and contrary to the whole end of their truſt.

2. To the manner of handling this Queſtion among perſons at variance; and here, I cannot but obſerve.

1. That if I have taken my aime aright, there is no one thing under debate amongſt Chriſtians, that is agitated with more confidence and mutuall animoſity of the Parties Litigant: Each charging other with dreadfull inferences, ſtreames of blood, and diſhonour to God, flowing out from their ſeverall perſwaſions. So that ofttimes, in ſtead of a faire diſpute, you meet on this ſubject with a Patheticall outcry, as though all Religion were utterly contaminated and trampled underfoot, p. 51if both theſe contradictory aſſertions, be not imbraced. Now ſeeing that in it ſelfe, it is a thing wherein the Goſpel is exceedingly ſparing, if not altogether ſilent, certainely there muſt be a further Intereſt, then of Judgement alone, or elſe that, very much prejudicated with corrupt affections, or men could not poſſibly be carryed out with ſo much violence, upon ſuppoſed ſelfe-created conſequences, wherwith in this cauſe they urge one another.

2. That generally, thus much of private Intereſt appeares in the ſeverall conteſters that Non-toleration is the Opinion of the many, and theſe enjoyning the countenance of Authority: Toleration of the Oppreſſed, who alwayes goe under the Name of the faction or factions, the unavoidable Livery of the ſmaller number profeſſing a way of worſhip by themſelves, be it right or wrong. I doe not deſire to lay forth the uſuall deportment, of men, ſeeking the ſuppreſſing of others differing from them, towards thoſe in Authority. It is but too clearely made out, by dayly experience: If they cloſe with them, they are Cuſtodes utriuſque Tabulae, the Churches Nurſing Fathers, &c. what they pleaſe. But if they draw back for want of light or truth to ſerve them▪ Logges and Storks find not worſe entertainement from Froggs, then they from ſome of them. Such things as theſe, may, (nay ought to) be eſpecially heeded by every one, that knowes what influence corrupt affections have upon the judgements of men, and would willingly take the paines to wipe his Eyes for the diſcerning of the truth.

Theſe things premiſed, I aſſert, That

Non-Toleration in the Latitude, which is for Perſons in Authority, enjoying the truth (or ſuppoſing they doe enjoy it) to puniſh in an Arbitrary way, (according to what they ſhall conceive to be condigne.) men, who will not forſake their owne convictions, about any head, or heads, of Chriſtian Religion whatſoever; to joyne with what they hold out, either for beliefe or worſhip (after the uſing of ſuch wayes of perſwaſion as they ſhall thinke fit) is no way warranted in the Goſpel, nor can any ſound proofe for ſuch a courſe be taken from the Old Teſtament.

The Teſtimonies out of the Law which I can apprehend to p. 52have any colour or appearance of ſtrength in them, with the examples approved of God, that ſeem to look this way: I conſidered at our entrance into this diſcourſe.

I ſpeake of puniſhing in an Arbitrary way, for all inſtances produced to the purpoſe in hand, that ſpeak of any puniſhment, mention nothing under death it ſelfe; which yet (at leaſt in the firſt place) is not aymed at by thoſe that uſe them in our dayes as I ſuppoſe. Now ſome Divines of no ſmall Name, maintain, that God hath not left the impoſition of puniſhment in any meaſure, to the wils of men.

Some Arguments for the proofe of the former Aſſertion as layd downe, I ſhall in due place make uſe of; for the preſent, I deſire to commend to the ſerious pondering of all Chriſtians in generall, eſpecially of thoſe in Authority, theſe enſuing conſiderations.

1. That it is no priviledge of truth, to furniſh it's Aſſertors, with this perſwaſion, that the Diſſenters from it, ought forceably to be oppoſed, reſtrained, puniſhed: No falſe Religion ever yet in the World, did enthrone it ſelfe in the minds of men, enjoyning a civill ſoveraignty over the perſons of others, but it there withall commanded them, under paine of neglect and contempt of it ſelfe, to cruſh any underling worſhip, that would perke up in inferiour conſciences.

The old Heathens carryed their Gods into the Warre (as did the Philiſtims, 1 Chron. 14. 12. and the Iſraelites the Arke with Heatheniſh ſuperſtition, 1 Sam. 4. 3.) to whom they aſcribed the ſucceſſe they obtained, and in requitall of their kindneſſe, they forced the dunghill Deities of the conquered Nations, to attend the tryumph of their Victorious Idols; and unleſſe they adopted them into the number of their owne Gods, all further worſhip to them was forbidden. Hence were theſe inventions among the old Romans, by ſpells and Enchantments to entiſe away a Deity from any City they beſieged, (they being as expert at the getting of a Devill, as Tobias's Raphael, or the preſent Romaniſts at his fumigation) by which means they ſhrived into the honor of having 30000 unconquered Idols (as Varro in Auguſtine de civit. Dei.) and deſerved worthily, that change of their Cities Epithete; p. 53from foreign, to foreign, which it juſtly inheriteth to this very day. Rabſheke's provocation to the example of the Gods of the Nations, 2 Kings 18. 33, 34. and the Roman Senats conſultation concerning the admitting of Chriſt to a place among their Idols, that he might have been freely worſhipped (their conſent being prevented, by his Almighty providence, who will not be enrolled among the vileſt works of his moſt corrupted creatures) do both declare this thing.

Now not to ſpeak of Caine, who ſeems to me, to have layd the foundation of that cruelty, which was afterward inſerted into the Churches Orthodoxies, by the name of Haereticidium, we find the four famous Empires of the World to have drunke in this perſwaſion to the utmoſt, of ſuppreſſing all by force and violence, that conſented not to them, in their way of worſhip.

Nebuchadnezzar the Crowne of the golden Head, ſets up a Furnace with an Image, and a Negative anſwer to that Quaery, doe you not ſerve my Gods, nor worſhip my Image? ſerved to to caſt the ſervants of the living God, into the middeſt of the fire, Dan. 3.

Daniel's caſting into the Lyons Den, Chap. 6. ſhews that the Perſian Silver breſt and armes, did not want Iron hands, to cruſh or breake the Oppoſers of, or diſſenters from their Religious Edicts.

And though we find not much, of the ſhort-lived founder of the Grecian Dominion, yet what was the practice of the Branches of that Empire, eſpecially in the Syrian and Egiptian ſprouts, the three Books of the Machabees, Joſephus and others, do abundantly manifeſt.

For the Romans, though their Judgement and practice, (which fully and wholly, are given over from the Dragon to the Beaſt and falſe Prophet) be written in the blood of thouſands of Chriſtians, and ſo not to be queſtioned, yet that it may appear, that we are not the onelyonly men in this Generation, that this wiſedome of puniſhing diſſenters was not born with us, I ſhall briefly give in, what grounds they proceeded on, and the motives they had to proceed as they did.

p. 54Firſt, then, they enacted it as a Law, that no religious worſhip ſhould be admitted or practiſed, without the conſent, decree, and eſtabliſhment of the Senate. Mention is made of a formall Law to this purpoſe in Tertullian, Apol. cap. 5. though now we find it not. The foundation of it was doubtleſſe in that of the twelve Tables: Separatim nemo habeſſit Deos, neue novos, ſed ne Aduenas niſi publice aſcitos privatim colunto. Let none have Gods to himſelfe, neither let any privately worſhip new or ſtrange Deities, unleſſe they be publiquely owned and enrolled. And that it was their practiſe and in the counſells of the wiſeſt amongſt them, appeares in that advice given by Maecenas to Auguſtus in Dio Caſſius: foreign. Worſhip (ſaith he) the divine power thy ſelfe, according to the conſtitutions of thy Countrey, alwayes and at all times, and compell others ſo to honeur it; not onelyonly for the Gods ſake, whom yet whoſo contemneth, hee will never doe any honourable thing, but becauſe, theſe (not ſo worſhipping) introducing new Deities, doe perſwade many to tranſgreſſe (or to change affaires) whence are conjurations, ſeditions, private ſocieties; things no way conducing to Monarchies.

Hence doubtleſſe was that oppoſition, which Paul met withall in deverſe of the Roman Territories; thus at Athens, (though as I ſuppoſe they enjoyed there, their owne Lawes and Cuſtomes, very ſuitable as it ſhould ſeem to thoſe of the Romans) preaching Jeſus, he was accuſed to be a ſetter forth of ſtrange Gods, Acts 14. for although as Strabo obſerveth of the Athenians, that publiquely by the Authority of the Magiſtrates, foreign, they received many things of forreigne worſhips, yet that none might attempt any ſuch things of themſelves, is notorious from the caſe of Socrates, who as Laertius witneſſeth, was condemned, as foreign. p. 55one who thought not thoſe to be Gods, whom the City thought ſo to be, but brought in certaine new Deities. Hence I ſay was Pauls oppoſition, and his haling to Mars hill: Without doubt alſo, this was the bottome of that ſtirre and trouble he met withall about Philippi. It is true, private Interest lay in the bottome with the chiefe Oppoſers, but this Legall Conſtitution was that which was plauſibly pretended. Acts 16. 21. They teach cuſtomes, which are not Lawfull for us to receive, neither to obſerve being Romans. foreign, it is not lawfull for us Romans to receive the Religion they hold out, becauſe Statutes are made amongſt us againſt all Religious worſhip not allowed by publique Authority. Let Calvin's ſhort Annotation on that place be ſeen. Gallio's refuſing to judge between Jewes (as he thought) in a Jewiſh controverſie, is no impeachment of this truth: had it been about any Roman eſtabliſhment, he would quickly have interpoſed. Now this Law amongſt them was doubtleſſe, Fundi Chriſtiani Calamitas.

This then in the firſt place was Enacted, that no worſhip ſhould be admitted, no Religion exerciſed, but what received Eſtabliſhment and Approbation from them, who ſuppoſed themſelves, to be intruſted with Authority over men in ſuch things. And this power of the Dragon was given over to the Beaſt and falſe Prophet. The Anti-chriſtian power, ſucceeding into the room of the Paganiſh, the Pope and Counſels of the Emperours and Senate, it was quickly confirmed that none ſhould be ſuffered to live in peace, who received not his marke and name, Revel. 13. 16, 17. Wherunto for my part, I cannot but referre, very many of thoſe following Imperiall Conſtitutions, which were made at firſt againſt the oppoſers of the Churches Orthodoxiſme, but were turned againſt the witneſſe of Jeſus in the cloſe.

2. This being done, they held out the Reaſons of this Eſtabliſhment. I ſhall touch only one, or two, of them, which are ſtill common to them, who walke in the ſame paths with them.

Now the firſt was, that Toleration of ſundry ways of worſhip, and ſeverall Religions tends to the diſturbance of the Common-wealth, p. 56and that civill Society, which men under the ſame Government doe, and ought to enjoy. So Cicero tels us, Lib. 2. de legibus: Suos Deos, aut novos, aut alienigenas coli, confuſionem habet, &c It brings in confuſion of Religion, and civill Society. The ſame is clearly held out, in that Counſell of Maecenas to Auguſtus before mentioned. They (ſaith he) who introduce new Deities, draw many into Innovations; whence are Conſpiracies, Seditions, Conventicles, no way profitable for the Common wealth.

Their other maine Reaſon was, that hereby the Gods, whom they owned and worſhipped, were diſhonoured and provoked to plague them. That this was continually in their mouths and clamours, all the Acts at the ſlaying of the Martyrs, the Reſcripts of Emperours, the Apologies of the Chriſtians, as Tertullian, Juſtine Martyr, Arnobius, Minutius Felix, doe abundantly teſtifie. All trouble was ſtill aſcribed to their Impiety, upon the firſt breaking out of any judgment, as though the cauſe of it had been the Toleration of Chriſtians, preſently the vulgar cry was, Chriſtianos ad Leones. Now that thoſe cauſes and reaſons, have been traduced to all thoſe, who have ſince acted the ſame things, eſpecially to the Emperours ſucceſſor at Rome, needs not to be proved: With the power of the Dragon, the wiſedome alſo is derived; ſee that great Champion Cardinall Bellarmine, fighting with theſe very weapons: Lib. de Laicis. cap. 21. And indeed, however illuſtrated, improved, adorned, ſupported, flouriſhed, & ſweetned they are the ſum of all that to this day hath been ſaid in the ſame caſe.

3. Having made a Law, and ſupported it with ſuch reaſons as theſe, in proceeding to the Execution of the penalty of that Law, as to particular Perſons (which penalty being as now, Arbitrary was inflicted, unto Baniſhment; Impriſonment, Mine-digging, Torturing in ſundry kinds, Mayming, Death, according to the pleaſure of the Judges) they always charged upon thoſe perſons,Profana illic omnia quae apud nos ſacra rurſum conceſſa apud illos quae nobis inceſta. not onelyonly the denying and oppoſing their owne Deities, Religion, and Worſhip, but alſo, that, that which they embraced, was fooliſh, abſurd, deteſtable, pernitious, ſinfull, wicked, ruinous to Common…wealths, Cities, Society, Families, honeſty, order, and the like. If a man ſhould p. 57goe about to delineat Chriſtian Religion, by the Lines and features drawne thereof,Moſes novos Ritus contrarioſque caeteris mortalibus indidit. Provectiſſima ad libidinem gens alienarum concubitum abſtenint inter ſe nihil illicitum. Tacitus, de Judaeis Hiſt. l. 5. Judeos impulſore Chreſto quotidie tumultuames, Roma ex pulit: faſly and fooliſhly, Suet. Claud. cap. 25. Quaeſitiſſimis paenis afficiebat, quos per flagitia inviſos vulgus Chriſtianos appellabat. Plu. Tac. An. lib. 15. afflicti ſuppliciis Chriſtiani, genus hominum ſuperſtitionis novae ac Maleficae: Sueton. in Nerone: cap. 16. in the invectives and accuſations of their Adverſaries, he might juſtly ſuppoſe, that indeed, that was their God, which was ſet up at Rome with this Inſcription, DEUS CHRISTIANORUM ONONYCHITES. Being an Image with Aſſes eares, in a Gowne, Clawes or Talons upon one foot, with a Booke in his hand. Charged they were, that they worſhipped an Aſſes head, which impious folly, firſt faſtened on the Jews by Tacitus. Hiſtor. lib. 5. cap. 1. (in theſe words, Effigiem animalis quo monſtrante, errorem ſ…imque depulerant penetrali ſacravere, having before ſet out a faigned direction received by a company of Aſſes) which he had borrowed from Appion a rayling Egiptian of Alexandria (Joſeph. ad. App. lib. 1.) was ſo ingrafted in their minds, that no defenſative could be allowed. The Sun, the Croſſe, Sacerdotis Generalia, were either really ſuppoſed, or impiouſly impoſed on them, as the objects of their worſhip. The blood and fleſh of Infants, at Thieſtaean banquets, was ſaid to be their food and proviſion: promiſcuous luſt, with Inceſt, th… chiefeſt refreſhment. Such as theſe it concerned them, to have them thought to be, being reſolved to uſe them, as if they were ſo indeed: Hence I am not ſometimes without ſome ſuſpition, that many of the impure abhominations, follies, villanies, which are aſcribed unto the Primative Hereticks, yea the very Gnoſticks themſelves (upon whom the filth that lyes, is beyond all poſſible beliefe, Epiphan. Tom. 2. lib. 1. Har. 26.) might be …ained, and impoſed, as to a great part thereof. For though not the very ſame, yet things as fooliſh and oppoſite to the light of nature, were at the ſame time, charged on the moſt Orthodox.

But you will ſay, they who charged theſe things upon the Catholicks, were Pagans, enemies of God, and Chriſt; but theſe who ſo charged Hereticks were Chriſtians themſelves: And ſo, ſay I alſo, and therefore for reverence of the name, (though perhaps I could) I ſay no more. But yet this I ſay, that Story which you have in Minutius Felix, or Arnobius 8^th. Book Apologeticall, of the meeting of Chriſtians, the drawing away of the Light by a Dogge tyed to the Candleſtick, ſo to p. 58make way for Adulteries and Inceſts: I have heard more then once, told with no ſmall confidence, of Browniſts and Puritans. Hath not this very ſame courſe been taken in latter ages? Conſult the Writings of Waldenſis, and the reſt of his Companions, about Wickleffe and his Followers, ſee the occaſion of his falling off from Rome, in our owne Chronicles, in Fabian of old, yea and Daniel of late to gratifie a Popiſh Court; of Eckius, Hoſius, Staphylus, Bolſecte, Bellarmine, and the reſt who have undertaken to pourtray out unto us, Luther and Calvin with their followers; and you will quickly ſee, that their great deſigne was to put (as they did upon the head of John Huſs at the Councell of Conſtance, when he was lead to the ſtake) the ugly vizard, of ſome Devilliſh Appearance, that under that forme, they might fit them for Fire and Fagot.

And herein alſo, is the Politie of the Dragon, derived to the falſe Prophet, and a colour tempered, for perſecutors to imbrue their hands in the blood of Martyrs.

This was the old Roman Way, and I thought it not amiſſe to cautionate thoſe, enjoying Truth and Authority, that if it be poſſible, they may not walke in their ſteps and method: the courſe accounted ſo ſoveraigne, for the extirpation of Errour, was as you ſee, firſt invented, for the extirpation of Truth.

Secondly, I deſire it may be obſerved, That the generall Iſſue and tendance of unlimited arbitrary perſecution or puniſhing for conſcience ſake, becauſe in all Ages foreign, and the worſt of men have ſate at the upper end of the World, for the moſt part, more falſe Worſhippers, having hitherto enjoyed authority over others, then Followers of the Lambe, hath been pernicious, fatall, and dreadfull to the Profeſſion and Profeſſors of the Goſpel, little, or not at all, ſerviceable to the truth.

I have heard it averred, by a Reverend and Learned Perſonage, that more blood of Hereticks hath been ſhed by wholeſome Severity, in the maintenance of the truth and oppoſition unto Errors, then hath been ſhed of the witneſſes of Jeſus, by the Sword of Perſecution, in the hands of Hereticks and p. 59falſe Worſhippers. An aſſertion, I conceive, under favour, ſo exceedingly diſtant from the reality of the thing it ſelfe, that I dare take upon me, againſt any man breathing, that in ſundry Chriſtian Provinces, almoſt in every one of the Weſt, more Lives have been ſacrificed to the one Idoll Haereticidium, of thoſe that bear witneſſe to the Truth, in the Beleife, for which they ſuffered, then all the Hereticks properly ſo called, that ever were ſlaine in all the Provinces of the World, by men profeſſing the Goſpell: And I ſhall give that worthy Divine, or any other of his perſwaſion, his Option, among all the chiefeſt Provinces of Europe, to tye me up unto which they pleaſe. He that ſhall conſider that above ſixty thouſand perſons, were in ſix yeares or little more, cut off in a Judiciall way, by Duke D' Alua in the Nether-Lands, in purſuite of the ſentence of the Inquiſition, will conclude, that there is Cauſa facilis in my hand.

The Ancient Conteſt, betweene the Homoouſians and the Arrians, the firſt Controverſie the Churches were agitated withall, after they enjoyed a Chriſtian Magiſtrate (and may juſtly be ſuppoſed to be carryed on to the advantage of Error, beyond all that went before it, becauſe of the Civill Magiſtrates intereſſing themſelves in the Quarrell) was not carryed out to Violence and Blood, before the ſeverall perſwaſions, lighted on ſeverall Dominions, and State Intereſts: As between the Goths, Vandals, and the reſt of their Companions on one ſide, who were Arrians, and the Romans on the other. In all whoſe Bickerings notwithſtanding, the honour of Severity, did ſtill attend the Arrians, eſpecially in Affricke, where they perſecuted the Catholicks, with horrible outrage and fury. Five thouſand at one time barbarouſly expoſed to all manner of cruell Villany. Some Eruptions of paſſion had been before among Emperours themſelves, but ſtill with this difference, that they who Arrianized, carryed the Bell for zeale againſt diſſenters. Witneſſe Valens, who gave place in perſecution, to none of his Pagan Predeceſſors; killing, burning, ſlaying, making havock of all Orthodox Profeſſors: Yea perhaps, that which he did, at leaſt was done by the countenance of his Authority, at Alexandria upon the p. 60placing in, of Lucius an Arrian in the roome of Athanaſius, thruſting Peter beſides the Chaire, who was rightly placed according to the cuſtome of thoſe times, perhaps I ſay, the Tumults, Rapes, Murders, then, and there acted, did outgoe what before had been done by the Pagans, ſee Theodorit, Eccleſ. Hiſt. lib. 4. cap. 22. it were tedious to purſue the lying, ſlandering, invectives, baniſhments, deaths, tumults, murders, which attend this counſell all along, after once they began to invoke the help of the Emperours one againſt another: Yet in this ſpace ſome Magiſtrates, weary with perſecuting ways, did not only abſtaine practically from force and violence, as moſt of the Orthodox Emperours did, but alſo enacted Laws, for the freedome of ſuch as diſſented from them. Jovianus a pious man, grants all peace, that will be peacable; offended onelyonly with them, who would offer violence to others. Socrates Eccleſ. Hiſt. lib. 4. cap. 21. Gratianus makes a Law, whereby he granted liberty to all Sects. but Manichees, Photinians, and Eunomians. Zozo. Eccleſ. Hiſt. lib. 7. cap. 1. Many more the like examples might be produced.

The next difference about the Worſhip of God (to the Arrian and its Branches) that was controverted in Letters of blood, was about Images, and their Worſhip; in which, though ſome furious Princes, in oppoſition to that growing Idolatry, which by Popes, Biſhops, Prieſts, and eſpecially Monkes, was in those dayes, violently urged, did mingle ſome of their blood with their Sacrifices, yet not to the Tithe almoſt, of what the Iconolatrae getting uppermoſt, returned vponupon them, and their adherents.

This if occaſion were, might be eaſily demonſtrated from Paulus Diaconus and others. After this, from about the year 850. about which time the Iconolatrae, having enſnared the Weſt by politie, the poſterity of Charles the Great, who had ſtoutly oppoſed the worſhip of Images, complying with the Popes, the Fathers of that Worſhip for their owne ends, and wearied the Eaſt by cruelty, that Conteſt growing towards an End, the whole power of puniſhing for Religion, became ſubſervient to the Dictates of the Pope, the Kings of the Earth giving their power to the Beaſt, (unto which point things had p. 61been working all along) from thence I ſay, untill the death of Servctus in Geneva, the purſuit of Gentilis Blandeata, and ſome other mad men in Helvetia, for the ſpace well nigh of 700 years, the chiefeſt ſeaſon of the Reigne of Sathan and Antichriſt, all puniſhing for Religion, was managed by the Authority of Rome, and againſt the poore witneſſes of Jeſus, prophecying in ſackcloth, in the ſeverall Regions of the Weſt. And what ſtreames of blood were poured out, what Millions of Martyrs ſlaine in that ſpace, is knowne to all. Hence Bellarmine boaſteth that the Albigenſes were extinguiſhed by the Sword. De Laic. cap. 22. It is true there were Lawes enacted of old by Theodoſius, Valentinian, Martian, as C. de haereticis, L. Manichaeis, L. Arriani. L. Ʋnicuique; which laſt provideth for the death of Seducers, but yet truely, though they were made by Catholicks, and in the favour of Catholicks, yet conſidering to what end they were uſed, I can look upon them no otherwiſe, but as very bottome ſtones of the Tower of Babel.

This, then in its Latitude proving ſo pernicious to the profeſſion of the Goſpell, having for ſo long driven the Woman into the Wilderneſſe, and truth into corners, being the maine Engine whereby the Tower of Babel was built, and that, which at this day they cry Grace unto, as the foundation ſtone of the whole Antichriſtian Fabrick (ſee Becanus de fide baereticis ſervanda, Bell. de Laicis, &c.) we had need be cautious, what uſe we make (as one tearmes it well) of the Broome of Antichriſt, to ſweep the Church of Chriſt. Whither that wee are in the Truth, and they blinded with Error, of whom wee have ſpoken, be a ſufficient Plea, we ſhall ſee anon. In the meane time, we may doe well to remember, what Lewes the twelth of France ſaid, yea ſwore concerning the Inhabitants of Mirindoll, whom by the inſtigation of his Prelates he had ordered to be ſlaine, when newes was brought him, what was their converſation and way of life, Let them be Hereticks if you pleaſe (ſaith he) but aſſuredly they are better then me, and my Catholicks. Take heed leaſt the puniſhed, be better then the puniſhers.

Let me add to this Obſervation onelyonly this, that the attempt p. 62to ſuppreſſe any Opinions whatſoever by Force, hath been for the moſt part fruitleſſe; for either ſome few particular perſons, are proceeded againſt, or elſe greater multitudes: If ſome particulars only, the Aſhes of one, hath alwayes proved the ſeed of many Opinionatiiſts: Examples are innumerable, take one, which is boaſted of, as a patterne of ſeverity taken from Antiquity. About the yeare 390. Priſcillianus, a Manichee, and a Gnoſticke, by the procurement of Ithacius and Idacius, two Biſhops, was put to death by Maximus, an uſurping Emperour, who ruled for a ſeaſon, having ſlaine Gratianus; (as that kind of men, would always cloſe with any Authority, that might ſerve their owne Ends.) Now what was the iſſue thereof; Martinus a Catholick Biſhop renounces their Communion who did it: The Hiſtorian, that reports it, giving this cenſure of the whole, Sic peſſimo exemplo, ſublati ſunt homines luce indigniſſimi, though the men (Priſcillian and his Companions) were moſt unworthy to live, yet their ſentence to death, was moſt unjuſt. But no matter for this, was not the Hereſie ſuppreſſed thereby? See what the ſame Hiſtorian, who wrote not long after, and was able to teſtifie the event, ſayes of it (it is Severus Sulpitius, lib. 2. Eccleſ. Hiſt.) Non ſolum non repreſſa eſt haereſis (ſayes he) ſed confirmata, & Latius propagata eſt, &c. The hereſie was ſo farre from being ſuppreſſed hereby, that it was confirmed and propagated: His followers who before honoured him as a Saint, now adore him as a Martyr: The like in all Ages hath been the iſſue, of the like indeavours.

But now, if this courſe be undertaken againſt Multitudes, what is or hath been the uſuall End of ſuch undertakings? Take ſome examples of late dayes: Charles the fifth, the moſt mighty Emperour of Germany, undertakes by violence to extirpate the Lutherans and Calviniſts out of the Empire. After a tedious Warre, the death of many thouſands, the waſting of the Nation, in the cloſe of all, himſelfe is driven out of Germany; and the buſineſſe left much where it begun: Sleid. Com. Philip of Spaine will needs force the Inquiſition upon the Netherlands? What is the iſſue? After the expence of an Ocean of blood, and more Coyne then would have purchaſed p. 63the Countrey twice over, his Poſterity is totally deprived of all Sovereignty over thoſe Parts.

Patrick Hamilton, and George Wiſhard are put to death in Scotland, by the procurement of a Cardinall; the Cardinall is inſtantly murthered by ſome deſperate young men, and a war raiſed there about Religion, which was never well quieted, untill having hunted their Queene out of her native Kingdome, ſhe had her head chopt off in England: Hiſtory of Reformation in Scotland. The Warres, Seditions, Tumults, Murders, Maſſacres, Rapes, Burnings, &c. that followed the ſame attempt in France, cannot be thought of, without horror and deteſtation. Neither knew thoſe things any End, untill the preſent forbearance, was granted. Inſtances might be multiplyed, but theſe things are knowne to all. If any ſhall ſay, all theſe Evils followed, the attempting to ſuppreſſe Truth not Errour, I ſhall anſwer him another time, being loath to doe it, unleſſe compelled: OnelyOnly for the preſent I ſhall ſay, that Errour hath as much right, to a forceable defence, as Truth.

6. To ſtirre us up yet further, to a ſerious conſideration of the grounds and reaſons which are laid downe, for the inflicting of puniſhment upon any, for Exorbitancies in things of Religion (upon what hath been ſaid) the perpetuall coincidence of the cauſes by them held forth, who pretend to plead for juſt ſeverity, with their pretences who have acted unjuſt perſecution, would be well heeded.

The Poſition is laid downe in Generall on both ſides, that Erring perſons are ſo, and ſo, to be dealt withall. That ſuch is the power and duty of the Magiſtrate in ſuch caſes. The definition of Hereſie is agreed on for the maine; onelyonly the Papiſts place the Churches determination, where others thruſt in the Hereticks conviction (a thing much more obſcure to byſtanders and Judges alſo.) The appellations wherewith truth perſecuted, and error purſued, are cloathed, ſtill the ſame. The conſequents urged on all ſides, of diſhonour to God, trouble to the State, and the like not at all diſcrepant. The arguments for the one, and other, for the moſt part the ſame. Looke what Reaſons one Sect gives for the puniſhing of another, p. 64the names being changed are retorted. He blaſphemeth to the Hereticke, who chargeth blaſphemy upon him. Wee uſe no other Arguments, cite no other Texts, preſſe no other conſequencies for the puniſhing of other Hereticks, then the Papiſts the wiſeſt Hereticks breathing, doe for the puniſhment of us.

No colour, no pretence, but hath been equally uſed in all hands: None can ſay, this is mine. To Luthers objection, that the Church of Chriſt never burned an Hereticke, for Huſſe, and Hierome were none; Bellarmine anſwers, they were Hereticks to them Catholicks, which did ſuffice: de Laic. cap. 21. And indeed this Viciſſitude of things is very pernitious. All Chriſtians almoſt are Hereticks to ſome enjoying Authority: (as Salvian ſaid the caſe was, between the Homoouſians and Arrians in his time) and moſt of thoſe enjoying authority, are perſwaded it is their duty, to ſuppreſſe them whom they account Hereticks; and anſwerably have more or leſſe acted, according to this perſwaſion, untill by blood, Wars, and horrid devaſtations of Nations, ſome of them have been wearied: From the firſt Cerayſado againſt the Albigenſes, through the Warre of the Huſſites under Zifea and the Procopij, thoſe dreadfull Maſſacres, before recounted, what a ſtage of blood, hath Europe been made upon this account? I deſire that to this point the Declaration of the Netherlands, at the beginning of their Troubles (whom Bellarmine affirmes to have Petitioned for Liberty of Coſcience, as he was writing de Haereticidio, the thing being long before granted at Spira, at the Convention of the States of the Empire, in the yeare 1526.) may be ſeriouſly conſidered.

7. For the neceſſity of courſes of extremity, againſt erronious Perſons, for the upholding the Faith once delivered to the Saints, and the keeping the Churches in peace, it doth not appeare to me to be ſo urgent as is pretended; for three hundred years, the Church had no aſſiſtance from any Magiſtrate againſt Hereticks: and yet in all that ſpace, there was not one long-lived, or farre-ſpreading Hereſie in compariſon of thoſe that followed. As the diſeaſe is ſpirituall, ſo was the remedy which in thoſe dayes was applyed; and the Lord p. 65Jeſus Chriſt, made it effectuall. The Chriſtians alſo of thoſe dayes, diſclaimed all thoughts of ſuch proceedings. The expreſſions of the moſt Antient, as Policarpus, Ignatius, Iraenaeus, concerning Hereticks are ſharpe and cutting: Their avoyding of them being admoniſhed, preciſe and ſevere; their confutations of them, laborious and diligent; their Church cenſures, and Ejections, peircing and ſharpe: Communion amongſt the Churches, cloſe, exact, and carefully preſerved; ſo that a ſtubborne Heretick was thruſt out of Chriſtian ſociety. But for corporall puniſhment to be inflicted on them, in their writings, not a ſyllable. Untill Auguſtine was changed from his firſt reſolution and perſwaſion, by the madneſſe of Donatiſticall Circumcellions, this Doctrine had poore footing in Antiquity. And whether his reaſons as to this point be convincing, let any impartiall man, read his Epiſtle 50, and determine. What ſome ſay, the Chriſtians would have been of another minde, had they injoyed Chriſtian Magiſtrates, is ſo ſuited to our preſent frame and temper, but ſo unworthy of them, that I ſhould wrong them by a Defenſative. What was their ſenſe of them in a ſpirituall way is cleare. John they ſay would not abide in a Bath, where Cerinthus the Heretick, infected wtih Judaiſme and Paganiſme was; ſaying, let us depart leſt the building fall on us, where Cerinthus is: Iraen. lib. 3. cap. 3. Euſeb. Eccleſ. Hist. lib. 3. cap. 25. Marcion meeting Polycarpus, and asking him whether he knew him or acknowledged him, his anſwer was, Yea, to be the firſt borne of the Devill, Euſeb. lib. 4. cap. 14. Ignatius his Epiſtles are full of the like expreſſions. Iraeneus ſayes, he would have no words with them, lib. 3. cap. 3. Tertullians Books teſtifie for him at large, with what keeneſſe of ſpirit he purſued the Hereticks of his dayes (though before the End of them; he had the unhappineſſe to be almoſt one himſelf.) Cyprian cryes out, Nulla cum talibus convivia, nulla colloquia, nulla commercia miſceantur: Epiſt. 3. ad Cornel. Neither eate, nor talke, nor deale with them. Antonius the Hermit leaves Teſtimony when he was dying, That he never had peaceable conference with them all his dayes, Vita Anton▪ inter Oper. Athan. Surely, had theſe men perceived the minde of God for their Bodily puniſhment, they would not have failed p. 66to ſignifie their minds therein; but truely their expreſſions hold out rather the quite contrary. foreign: ſayes Ignatius, Epiſt. ad Philad. Count them enemies and ſeparate from them, but for beating or perſecuting them, that is proper to the Heathen who know not God, nor our Saviour, doe not you ſo. Tertullian in very many places, layes downe generall maximes tending to more Liberty then is now pleaded for; one or two places may be jointed at. Videte ne & hoc ad irreligioſitatis elogium concurrat, adimere libertatem religionis, & interdicere Optionem divinitatis, ut non liceat mihi colere quem velim, ſed cogar colere quem nolim. Nemoſe ab invito coli vellet, ne homo quidem: Apol. cap 23. And againe to Scopula the Governour of Carthage to diſſwade him from the Perſecution he intended. Tamen humani juris & naturalis poteſtatis eſt unicuique quod putaverit colere: nec alii obeſt aut prodeſt alterius Religio: ſed nec Religionis eſt, cogere Religionem, quae ſponte, ſuſcipi debeat, non vi; cum & hoſtiae ab animo libenii expoſtulantus; ita & ſi nos compuleritis ad ſacrificandum, nihil praeſtabi is diis veſtris, ab invitis enim ſacrificia non diſiderabunt. And I deſire to know, whether that which he maketh to be the Plea of Chriſtians, may not alſo be uſed by all erring perſons. Totum quod in nos poteſtis, noſtrum eſt Arbitrium. Certe ſi velim, Chriſtianus ſum, tunc ergo me damnabis ſi damnari velim. Cum vero quod in me potes, niſi velim, non potes, jam meae voluntatis eſt quod potes, non tuae poteſtatis. Apol. cap. ult. Hence was that Quaere of Lactantius: Quis imponet mihi neceſſitatem aut credendi quod nolim, aut quod velim non credendi: And long after theſe Gregory of Rome, Lib. 2. Ep. 52. tells us, Nova & inaudita eſt iſta praedicatio, quae verberibus exigit fidem: To bea…e in Faith with ſtripes, was then, a new kinde of Preaching. Theſe and the like, were their Expreſſions.

It is true, in the three firſt Centuries, many fond, fooliſh, corrupt Opinions, were broached by ſundry brain ſick men; but they laid little hold of the Chrches, kept themſelves in the breaſts of ſome few diſorderly Wanderers, and did very p. 67little promote the Myſterie of Iniquity: But afterwards, when the Roman Emperours, and the Great men of the Earth, under, and with them, began to interpoſe in the things of Religion, and were mutually woed, inſtigated, and provoked by the Parties at variance (as indeed it is a ſhame to conſider upon all meetings, aſſemblies, diſputes councels, what running, what flattering, what inſinuation at Court were uſed on all hands) what Roote did diverſe Hereſies take (how farre were they propagated? Witneſſe Arrianiſme, which had almoſt invaded the whole World.

Furthermore, by the wayes which were invented oft from the Rule, for the extirpation of Errors, when by the Inſtigation of Prelates, the Emperours were, (to their owne ruin) perſwaded to them, the Man of ſinne walked to his Throne. Thoſe very Lawes, Edicts, and Declarations, which were obtained againſt erring Perſons, did the Biſhops of Rome invert and uſe againſt all the Witneſſes of Jeſus. The Devill durſt not be ſo bold, as to imploy that his grand Agent in his Apprentiſhip againſt the Saints: But he firſt ſuffers him, to exerciſe his hand againſt Hereticks, intending to make uſe of him afterwards to another purpoſe. In moſt of thoſe conteſts, which the Roman Pontiſts had with their fellow Biſhops, by which they inſenſibly advanced their owne ſupremacy, it was the defence of Catholicks they undertooke, as in the caſe of Athanaſius and others.

Neither did the Chriſtians of old, at once, ſteppe into the perſwaſion of puniſhing corporeally in caſe of Religion. Conſtantine makes a Decree at firſt, foreign, that Liberty of worſhip is not to be denyed, and therefore the Chriſtians as others, ſhould have Liberty to keep the faith of their Religion and hereſie, Euſeb. Eccleſ Hiſt. lib. 10. cap. 5. And in the ſame Edict he ſaith (how truely I know not, but yet Great Conſtantine ſaid it) That it is moſt certaine, that this is conducing to the peace of the Empire, that free Option and choyce of Religion he left to all. Afterwards, when he begun a little further to ingage himſelfe in the buſineſſe of Religion, being indeed wearied with the Petitions of Biſhops and their Aſſociates, for the perſecution of one another, what troubles in a p. 68few yeares did he intricate himſelfe withall, perplexed he was in his ſpirit to ſee the untoward revengefulneſſe of that ſort of people; inſomuch that he writes expreſly to them, being aſſembled in Counſell at Tyre, That they had neither care of the truth, nor love to peace, nor conſcience of ſcandall, nor would by any meanes be prevailed on to lay downe their malice and animoſities; Socrat. Hiſt. lib. 1. cap. 22. At length an Arrian Prieſt curryes favour with his Siſter Conſtantia: Shee gets him into the Eſteeme of her Brother; after ſome inſinuations of his, new Edicts, new Synods, new recallings, new Baniſhments of other perſons, follow one upon the neck of another. Ruffin. Eccleſ. Hiſt. lib. 1. cap. 11. And when this knack was once found out, of promoting a Sect by Imperiall favour, it is admirable to conſider how thoſe good Princes, Conſtantine and his Sonnes, were abuſed, miſled, inraged, ingaged into mutuall Diſſenſions, by the Lyes, flatteries, equivocations of ſuch as called themſelves Biſhops, Ruff. lib. 1. cap. 15, 16, &c. As alſo how ſoone with the many, the whole buſineſſe of Religion was hereupon turned into a matter, of externall Pompe and Dominion. But it is beſides my purpoſe, to raſe into that Hell of confuſion, which by this meanes, brake in upon the Churches in ſucceeding Ages. OnelyOnly, for the following Imperiall Edicts and Conſtitutions in the behalfe of the faith Catholicke, and for the puniſhing of Erring Perſons, I deſire to obſerve,

1. That the Emperours were ſtirred up to them, by Turbulent Prieſts, and aſpiring Prelates; let the Popes letters to them witneſſe this, Leo Epiſt. 75, &c.

2. That they were ſtill bottomed, upon ſuch, and ſuch, counſells, that were not to be oppoſed or ſpoken againſt, when all of them were ſpent for the moſt part, about things quite beſides and beyond the Scripture (as feaſtings, and faſtings, and Biſhops juriſdictions) and ſome of them, were the very ulcers, and impoſtumations of Chriſtian Religion, as thoſe of Nice and Epheſus, both the ſecond; and in generall all of them the Sea, upon which the Whore exalted her ſeat and throne; and theſe things did thoſe good men, either deceived by the craft of Hereticks, or wearied by the importunity of the Orthodox.

p. 69And yet notwithſtanding all this (as I ſhall afterwards declare) I cannot cloſe with that counſell which Themiſtius a Philoſopher gave to Valens the Emperour, and am moſt abhorrent from the Reaſon of his Counſell, viz. That he ſhould let all Sects alone, becauſe it was for the glory of God, to bee honoured with diverſities of Opinions, and wayes of Worſhip: Yet though this Reaſon be falſe and impious, yet the adviſe it ſelfe was well conducing at that time, to the peace of the Churches, ſomething qualifying the ſpirit of that Hereticall Emperour, who before had cruelly raged, againſt all Orthodox profeſſors of the Deity of Chriſt, Socrat. lib. 4. cap. 27.

8. Laſtly, add unto all that hath been ſaid (vice coronidis) for the uſe of ſuch as injoying Authority, may have miſapprehenſions of ſome truths of Chriſt, a ſad conſideration concerning the End and Iſſue, which the Lord in his righteous Judgement hath in all Ages given to Perſecutors and Perſecution. Nero (of whom ſayes Tertullian, tali Dedicatore gaudet ſanguis Chriſtianus) who was the firſt that imployed the Sword againſt our Religion, being condemned by the Senate to be puniſhed More Majorum, ſlew himſelfe with this exprobration of his owne ſordid Villany, Turpiter vixi, turpius Morior: Sueton. in Nero: Domitian the inheritor of his rage and folly, murdered in his owne Houſe, by his Servants, Idem in Domit. Trajan by a reſolution of his Joynts, nummedneſſe of body, and a choaking Water, periſhed miſerably, Dion Caſſius de Tra. This is he whoſe order not to ſeeke out Chriſtians to puniſhment, but yet to puniſh them appearing, you have in his Epiſtle to Plinie a provinciall Governour under him, Plin. Epiſt. 97. which though commended by Euſebius, Eccleſ. Hiſt. lib. 3. cap. 30. yet is canvaſſed by Tertullian, as a fooliſh, impious, wicked Conſtitution, Apol. cap. 2. Hadrian periſhing, with a Flux and caſting of blood, payd ſome part of the price of the Innocent blood which hee had ſhed, Aelius Spart. in Had. Severus poyſoned himſelfe, to put an end to his tormenting paines, Jul. Capitol. Maximinus, with his Sonne yet a Child, was torne in pieces of the Souldiers, all crying out, That not a whelpe was to be left of ſo curſed a ſtock. Decius having reigned ſcarce two yeares, was ſlaine p. 70with his Children, Euſeb. lib. 7. cap. 1. Valerian being taken by Sapores King of Perſia, was carryed about in a Cage, and being 70 yeares old, was at length flayed alive, Euſeb. lib. 7. cap. 9. Another Valerian, of the ſame ſtampe, with his Brother and Kindred, was murdered at Millan. Diocletian being ſmitten with madneſſe, had his Pallace conſumed with fire from Heaven, and periſhed miſerably. The City of Alexandria in the time of Gallienus, was for its perſecution, ſo waſted with variety of deſtroying Plagues and Judgements, that the whole number of its Inhabitants, anſwered not the Grayheaded old men that were in it before, Dyoniſ. apud Euſeb. lib. 7. cap. 20. What was the End of Julian, is knowne to all. Now truely of many of theſe, we might well ſay (as one of old did) Quales Imperatores? as Trajan, Hadrian, Severus, Julian, what excellent Emperours had they been, had they not been Perſecutors. And all this ſayes Tertullian is come to paſſe, that men might learne, foreign. He that deſires to ſee more of this, let him conſult, Tertull. Apol. & ad Scap. Euſeb. Eccleſ. Hiſt. lib. 7. cap. 21. Auguſt. de civit. Dei, lib. 18. cap. 52. Eutrop. lib. 8. It would be tedious to deſcend to examples of latter Ages, our owne and the neighbour Nations, do ſo much, too much abound with them; let this that hath been ſpoken ſuffice, to cautionate mortall men, how they meddle with the Veſſels of the Sanctuary.

But now,Ob. may ſome ſay, What will be the Iſſue of this diſcourſe; doe you then leave every one at Liberty in the things of God? Hath the Magiſtrate nothing to doe, in, or about Religion? Is he to depoſe the care thereof? Shall men exaſperated in their ſpirits by different perſwaſions, be ſuffered to devoure one another as they pleaſe? &c.

I have onelyonly ſhewed the weakneſſe of thoſe grounds,Anſ. which ſome men make the bottome of their Teſtimonies, againſt the toleration of any thing but what themſelves conceive to be Truth; as alſo taken away the chiefe of thoſe Arguments, upon which, ſuch a proceeding againſt Erring Perſons is bottomed, as tends to blood and death: What poſitively the Civill Magiſtrate, may, nay ought to doe, in the whole buſineſſe p. 71of Religion, comes in the next place to be conſidered, being the third and laſt part of our diſcourſe: Now my thoughts unto this, I ſhall hold out under theſe three heads.

1. What, is the Magiſtrates duty, as to the truth, and perſons profeſſing it.

2. What, in reference to the Oppoſers and Revilers of it.

3, What, in reſpect of Diſſenters from it.

And I ſhall begin with the firſt, which to me, is, much of chiefeſt importance.

His power, or rather his duty herein, I ſhall hold out in theſe enſuing Propoſitions.

1. As all men in Generall, ſo Magiſtrates, even as ſuch, are bound to know the minde and will of God, in the things which concerne his Honour and Worſhip. They are bound I ſay, to know it. This obligation lyes upon all creatures, capable of knowing the Creatour, anſwerably to that light, which of him they have, and the meanes of Revelation which they doe enjoy. He of whom we ſpeake, is ſuppoſed to have that moſt Soveraigne and ſupreme of all outward Teachings, the Word of God, with ſuch other helpes, as are thereby revealed, and therein appointed. So as he is bound to know the will of God, in every thing him concerning; wherein he failes, and comes ſhort of the truth, it is his ſinne; the defect being not in the manner of the Revelation, but in the corruption of his darkened mind. Now that he is to make this inquiry, in reference to his calling, is evident from that of David, 2 Sam. 23. 3. He that ruleth over men muſt be juſt, ruling in the feare of the Lord: This feare is onelyonly taught by the Word. Without a right knowledge of God and his mind, there can be no true feare of him. That command alſo, for the Jewiſh Magiſtrate, to ſtudy it day and night, and to have the Booke of the Law continually before him, becauſe it was the Rule of that civill Politie, whereof he was under God the head and preſerver, by Analogy confirmeth this truth, Deut. 18.

2. If he deſire this wiſedome ſincerely, and the Lord intend him, as a light of the morning, as a riſing Sun, a morning without clouds, to his people, doubtleſſe he will reveale himſelfe to him, and teach him his mind, as he did David and Solomon, p. 72and other holy men of Old. And as to this, I ſhall onelyonly with due reverence, cautionate the ſonnes of men, that are exalted in Government over their Brethren, that they take heed of a lifted up ſpirit, the greateſt cloſer of the heart againſt the truth of God. He hath promiſed, to teach the humble and the lowly in mind; the proud he beholdeth a farre off. Is not this the great reaſon, that the Rulers beleeve not on him, and the Nobles lay not their necks to the yoake of the Lord, even becauſe their hearts are lifted up within them, and ſo lye in an unteachable frame before the Lord.

3. The truth being revealed to them, and their owne hearts made acquainted therewith, after their perſonall engagements, to the practice of the power of godlineſſe, according to the Revelation of God in the face of Jeſus Chriſt; three things are incumbent on him in reference thereunto.

1. That according to the meaſure of its Revelation unto him, he declare, or take care that it be declared unto others, even all committed to his governing charge. The general equity, that is in the obligation of, ſtrengthening others, when we are confirmed, deſiring them to be like our ſelves, in all participations of grace from God, the nature of true zeale for the glory and Name of the Lord, are a ſufficient warrant for this, yea demand the performance of this duty. So Jehoſhaphat being inſtructed in the wayes of God, ſent Princes and Prieſts to teach it in all the Cities and Townes of Judah, 2 Chron. 17. 8, 9, 10. As alſo did Hezekiah, 2 Chron. 30. 6, 7, 8. Let this then be our firſt Poſition.

1. It belongs to the duty of the ſupreme Magiſtrate, the Governour, or Shepheard of the People in any Nation, being acquainted with the mind of God, to take care that the truth of the Goſpell be Preached to all the people of that Nation, according to the way appointed, either ordinary, or extraordinary.

I make no doubt but God will quickly reject them from their power, who knowing their Maſters will, are negligent herein.

2. As he is to declare it, ſo he is to protect it from all violence, whatever. Jeſus Chriſt, is the great King of Nations, as well as the holy King of Saints. His Goſpell hath a right to p. 73be preached in every Nation, and to every creature under heaven. Who ever forbids or hinders the free paſſage of it, is not onelyonly ſinfull and impious toward God, but alſo injurious towards men. Certainly the Magiſtrate is to protect every one, and every thing, in their own right, from the violence and injury of unruly men. In the preaching and receiving the Goſpel, there is a right acted, ſuperior to all earthly priviledges whatever. In this then the Magiſtrate is to protect it, that under him the profeſſors thereof, may leade a quiet and peaceable life, in all godlineſſe and honeſty. And for this cauſe, they to whom the Sword is committed, may with the ſword lawfully defend the Truth, as the undoubted right, and priviledge of thoſe who do enjoy it, and of which they cannot be deprived without the greateſt injury. Jephthah layd it down as the ground of the equity of the warres he waged againſt the Ammonites, That they would poſſeſſe what the Lord their God gave them to poſſeſſ; the defence whereof, he purſued to the ſubverſion of their (at firſt) invading enemies: Judg. 11. 24. 33. (it is no new thing to begin in defence, and end in offence). Now, if the truth be given us of the Lord our God, to poſſeſſe, certainly it may be contended for, by thoſe who owe protection thereunto; And if this were not ſo, we may pray, and prevail for the proſperity of thoſe in Authority; and yet when we have done, not have a right to a quiet and peaceable life; Let this then be the ſecond aſſertion.

The Goſpel being preached,2 Poſ. and declared as of right it ought to be, it is the duty of the Magiſtrate, by the power wherewith he is entruſted, to protect and defend it againſt all, or any perſons, that by force, or violence ſhall ſeek to hinder the progreſſe, or ſtop the paſſage of it under what pretence ſoever.

And that a neglect of this alſo, will be attended with the anger of the Lord, and the kindling of his wrath, ſhall not long be doubted of any.

Thirdly, the protecting, aſſiſting, and ſupporting of all the profeſſors of it, in that profeſſion, and in wayes of truths appointment, for the practice of that which is embraced, and the furtherance of it, towards them who as yet embrace it not, is alſo required, and of this there are ſundry parts.

p. 741. That ſeeing Chriſt Jeſus hath appointed his diſciples to walk in ſuch ſocieties, and requireth of them ſuch kinde of worſhip, as cannot be performed without their meeting together foreign, in one place, that he either provide, or grant being provided, the uſe of ſuch places under his protection, as may in all, or any kinde be ſuited, and fitted for that end and purpoſe. And the ground of this is:

1. From the Right which the Goſpel of Chriſt hath to be received amongſt men, according to his own appointment; whether that be the appointment of Chriſt, or no, amongſt us, is no queſtion.

2ly, Becauſe the Magiſtrate hath the ſole power of all publick places, and the protection of them, is committed to him alone, by virtue of that conſent into government which is among any people. This proved as above.

2ly, A protection in the uſe of thoſe places, and all things exerciſed in them, anſwerable to that which he doth and is bound to grant unto men in their own private dwellings, and families. The Reaſon why I am protected from all hurt or violence in my family, is becauſe I have a Right to diſpoſe of all things in my family being mine own, and ſo hath not another; It was aſſerted before, that Chriſtians have a Right to the ordinances of Chriſt, and Truth a Right to be at liberty. And therefore, if any ſhall invade, diſturbe, or trouble them in their rights, and liberties, he is bound ex officio to give them a protection, not bearing the ſword in vain.

Now being in my family, in my private houſe the aſſiſtance of thoſe in Authority is due:

1. In reſpect of them without.

2. In reſpect of them within.

1. For them without, if any one will againſt my conſent, intrude himſelf upon my family enjoyments, to ſhare with me, or violently come to take away that is mine, or diſtub me in the quiet poſſeſſion of it, the Magiſtrate takes cognizance of ſuch diſturbances, and puniſheth them according to equity. Suteably, if any perſon or perſons whatſoever, ſhall with violence put themſelves upon the enjoyments of ſuch ordinances as thoſe enjoying the Rights of the Goſpel have obtained p. 75to themſelves, or ſhall come in their celebration of them, to cauſe diſturbance, certainly, that Magiſtrate protects not every one in his undoubted Rights, who doth not accommodate the wronged parties, with the aſſiſtance of his power to the puniſhment of the tranſgreſſors.

2. For houſe dwellers, ſervants, or any others, who may break out into ſuch offences, and incorrigibleneſſe, as the amendment thereof, may be beyond what I am intruſted to do, to any, by Law of God or man, and ſhall not the Magiſtrate here alſo interpoſe? is not his aſſiſtance here abundantly required and alwayes granted?

From parity of Reaſon is it not as due for their protection, who in the enjoyment of their publick religious Rights may receive diſturbance, and be under force, from ſome, incorrigible by any Rule among themſelves. For inſtance, ſuppoſe, a perſon juſtly excommunicated, and ejected any ſociety of Chriſtians as to any ſpirituall communion, yet will with outward force and violence, put himſelf upon them in their cloſeſt acts of communion, doubtleſſe their Rights, are here to be by power preſerved.

3. That whereas the Preachers of the Goſpel are now to be maintained in an ordinarie way, and to expect their ſupportment in an uſnall courſe of providence, and ſeeing that many to whom we have proved that the Goſpel is to be declared, by the care of the Magiſtrate, will not, or cannot make ſuch proviſions for them as is needfull, in theſe laſt evil daies of the world, it is incumbent on thoſe nurſing Fathers, to provide for them, who becauſe of their continuall labours in the work of the Lord, are diſ-inabled, to make proviſion for themſelves. Where Churches are ſetled according to the Rule of the Goſpel, and not too much ſtraightned by reaſon of want, there may be an alteration as to this propoſall. That this ingagement lyes firſt upon the Churches, was ſeen of old; Hence that caution or Canon, of the Councell of Chalcedon, cap. 6. foreign, let none be ordained at large: Ne dicatur, mendicat in palaeſtra infoelix Clericus, ſaies the Scholiaſt: leſt he ſhould be driven to begge for want of maintenance.

This being the ſumme of what as to this head, I have to p. 76aſſert, I ſhall give in the proofs of it, and then draw ſome further Poſitions.

1. The bottome of the whole, ariſeth from that right which the Goſpel hath to be preached to all Nations and people, and that right paramount to all civill ſanctions and conſtitutions, which every ſoul hath to receive it in the profeſſion thereof. And all this flows from the donation of the Father unto Jeſus Chriſt, whereby he is made heir of all things. Hebr. 1. 3. Having the Nations given him for his inheritance, the utmoſt parts of the earth for his poſſeſſion: Pſal. 2. 8. Being alſo Lord of lords, and King of kings, acting nothing in taking poſſeſſion of his own, but what his ſoveraignty bears him out in.

2. All this tends to the apparent good, of thoſe committed to his charge, that they may leade their lives in godlineſſe and honeſty, which is the very chief end of Magiſtracy committed unto men. This is directly intended, all other things come in by accident, and upon ſuppoſitions.

3. No perſon living can pretend to the leaſt injury by this, none is deprived, none wronged.

4. The precepts given unto them, and the promiſes made concerning them, do abundantly confirm all that hath been aſſerted. Pſal. 2. 10, 11. they are commanded as Kings and Judges to ſerve the Lord, in promoting the kingdom of the Lord Jeſus Chriſt. And it is promiſed, Iſa. 49. 23. that they ſhall be nurſing Fathers, and nurſing Mothers to the Church of Chriſt, even then, when ſhe ſhall ſuck the breſts of Kings (earthly things are the milk of kingly breſts) when her officers ſhall be peace, and her exactors righteouſneſſe: Iſa. 60. 16, 17. This at leaſt, reacheth to all we have aſcribed to them. All is but bowing the knee of Magiſtracy at the Name of Jeſus.

Hence are theſe Poſitions.

The providing or granting of places requiſite for the performance of that worſhip which in the Goſpel is inſtituted,3. Poſ. is the duty of the Chriſtian Magiſtrate.

Protection as to peace and quietneſſe,4 Poſ. in the uſe of the ordinances, of the Lord Jeſus Chriſt, from violent diſturbers, either from without, or within, is alſo incumbent on him.

p. 77Supportment and proviſion as to earthly things,5 Poſ. where regularly failing, is of him required.

And in the neglect of any of theſe, that takes place, which is threatned, Iſa. 60. 12. Two or three conſectaries added hereunto, ſhall cloſe this part of the Magiſtrates power, or rather duty about the things of Religion: as,

Poſitive actings by way of ſupportment and aſſiſtance,Con: 1. maintenance, allowance of publick places, and the like, in the behalf of perſons deviating from the truth, in thoſe things wherein they deviate, is contrary to the rule of the Word, and duty of them in Authority. For,

Error hath neither right, nor promiſe, nor is any precept given in the behalf thereof.

The defence and protection of erring perſons,Con: 2. from violence and injury, in thoſe things wherein they have a right, is no acting of his duty about religious things; but a meer dealing for the preſervation of humane ſociety, by the defence of perſons, not acting againſt the rules thereof.

Every particular minute difference,Con: 3. among the profeſſors of the truth,For this cauſe the Emperors of old ſtill allowed the Novatians the liberty of worſhip. cannot be proved to come under the cognizance of the Magiſtrate, he being to attend the worſhip which for the main is acceptable to God in Chriſt, neither do any teſtimonies extend his duty any further: Hence

Corola: The preſent differences about Church ſociety, and the ſubject or ſeat of diſcipline, which are between thoſe diſſenters, who are known by the names of Presbyterians, and Independents, as they are in themſelves (not heightned by the prejudices, luſts, corruptions, and intereſts of men) hinder not at all, but that the Magiſtrate is bound to the performance of the duties before mentioned unto both parties. And the Reaſons of this are, becauſe

1. The things wherein they are agreed, are clearly as broad, as the Magiſtrates duty can be ſtretched to cover them.

2. Neither party (I am perſwaded) in their retyred thoughts, dare avow the main of the worſhip by their diſſenters embraced, to be as ſuch, rejected of the Lord.

3. No example in the world, can be produced out of the old Teſtament, or New, or Eccleſiaſticall Hiſtory, of a forcible deciſion of ſuch minute differences. See Socrat: Eccleſ. Hiſt. lib. 6. cap. 20.

p. 782. Corol: All the plea of perſons erring in doctrine or worſhip, is not, from what the Magiſtrate muſt do, but from what he may not do.

And this for the firſt part ſhall ſuffice.

Secondly, there is another part of the Magiſtrates power, the other ſide of his ſword to be exerciſed towards the oppoſition of that truth which he hath embraced: and this hath a twofold object.

1. Things.

2. Perſons.

Things are of 2. ſorts:

1. Wayes of worſhip.

2. Outward Appearances, Monuments, Accommodations and Declarations of thoſe wayes. Of the firſt, I ſhall ſpeak afterwards.

By the ſecond, I mean, all the outward attendencies of any falſe or erronious worſhip, which are either helps to, or declarations of the ſuperſtition, idolatry, error, or falſeneſſe of it; as Temple for idolatrous ſervice, Croſſes, pictures, and the like abuſed Relicks of old unwarranted zeal.

Now concerning theſe, I affirm.

1. That the Magiſtrate ought not to make proviſion of any publick places for the practiſe of any ſuch worſhip as he is convinced to be an abomination unto the Lord. When I ſay he ought not to make proviſion, I underſtand, not onelyonly a not actuall caring that ſuch be, but alſo a caring that ſuch may not be. He ſhould not have a negation of acting as to any thing of publick concernment. His not oppoſing, here is providing. For inſtance; He muſt not allow, that is, it is his duty to oppoſe, the ſetting apart of publick places, under his protection for the ſervice of the Maſſe, (as of late in Sommerſet Houſe) or for any kinde of worſhip in it ſelf diſallowed, becauſe not required, and ſo, not accepted. This were to be bound to help forward ſin, and that ſuch ſin whereof he is convinced, which is repugnant to the whole revealed will of God. A Magiſtrate, I told you before, is not to act according to what he may do, but what he muſt do: Now it cannot be his duty to further ſin.

p. 792. Outward monuments, wayes of declaring and holding out falſe and idolatrous worſhip, he is to remove: as the Papiſts Images, Altars, Pictures, and the like, Turks Moſckes, Prelates Service book. Now theſe are of two ſorts.

1. Such things as in their whole uſe and nature, ſerve onelyonly for the carrying on of worſhip, in it ſelf wholly falſe, and meerly invented. As Altars, Images, Croſſes.

2. Such as were uſed for the carrying on of worſhip true in it ſelf, though vilely corrupted, as praying, and preaching; ſuch are thoſe places commonly called, Churches.

The firſt are to be aboliſhed, the latter aright uſed. (I ſpeak as to publick appearances, for private diſquiſitions after ſuch things, I may be otherwiſe minded.) The Reaſon of this difference, is evident to all.

Thus in dayes of old, Conſtantine ſhut up Pagans Temples: Euſeb. de vita Conſtant. lib. 4. cap. 23, 24. and demoliſhed ſome of the moſt filthy of them: lib. 3. cap. 52. Theodoſius utterly caſt them to the ground, though not without ſome blows and bloodſhed. Socrat: Eccleſ. Hiſt. lib. 5. ca. 16. The command of God for the aboliſhing all monuments of Idolatry, Deut. 12. 1, 2, 3. with the commendation of thoſe Kings of Judah who accordingly performed this duty, 2 Chron. 17. 6. and 30. 14. are enough to confirm it, and to bottome this Poſition.

It is the duty of the Magiſtrate not to allow any publick places for (in his judgement) falſe and abominable worſhip,6 Poſ. as alſo to demoliſh all outward appearances and demonſtrations of ſuch ſuperſtitions, idolatrous and unacceptable ſervice.

Let Papiſts who are Idolaters, and Socinians who are Anthropolatrae, plead for themſelves.

Now ſecondly for perſons, there ſeems ſomething more of difficulty, yet certain clear rules may be propoſed concerning them alſo, to hold out when they and their proceedings come under the cognizance of the Civill Magiſtrate, and are obnoxious to the ſword which he beareth. And they are theſe.

1. Such perſons, as having embraced any falſe principles and perſwaſion in, or about things concerning God and his worſhip, do purſue the upholding or propagating of ſuch p. 80principles, in a diſorderly manner to the diſturbance of civill ſociety, are doubtleſſe under his reſtraining power, to be acted and put forth in ſuch wayes as to other perſons, running out into the ſame, or the like compaſſe of diſorder, upon other grounds, and from the inſtigation of other luſts. The pretence of diſturbance and confuſion upon the bearing with differences in opinion about things commanded in Religion, we before rejected as a colour fitted chiefly for the waring of perſecution. But actuall diſturbances indeed, muſt have actuall reſtraints. For inſtance; If a man being perſwaded that the power of the Magiſtrate, is in Chriſtian Religion, groundleſſe, unwarrantable, unlawfull, ſhould thereupon ſtir up the people to the aboliſhing, and removall of that power, ſuch ſtirrings up, and ſuch actings upon that inſtigation, are, as oppoſite to the Goſpel of Chriſt (which oppoſeth no lawfull regiment among the ſons of men) ſo alſo prejudiciall to humane ſociety, and therefore to be proceeded againſt by them who bear not the ſword in vain. This caſe we know happened once in Germany, and may do ſo again in other places. If ſuch as theſe ſuffer, it is as murderers, or theeves, or evill doers, or buſie-bodies in other mens matters; which is a ſhamefull thing, no way commendable or praiſe worthy. 1 Pet. 4. 15.

2. If any perſons whatſoever, under any pretence whatſoever, ſhall offer violence or diſturbance to the profeſſors of the true worſhip of God, ſo owned, eſtabliſhed, and confirmed as above ſaid, in, and for the profeſſion of that true, ſo owned worſhip, ſervice and declaration of the minde of God, ſuch perſons are to feare that power, which is the miniſter of God, and a revenger to them that do evill. Let us ſuppoſe of them, what they ſuppoſe, and for their own juſtification and ſupport in irregular wayes, bear out of themſelves, that they enjoy the truth, others walking in paths of their own; yet then, this practiſe is contrary to that prime dictate of nature, which none can pretend ignorance of, viz: Do not that to another, which thou wouldeſt not have done unto thy ſelf; If men that would not think it equitable to be ſo dealt with, as they deal with others, ſuppoſing themſelves in their conditions, do p. 81yet ſo deal with them, they are foreign, and do pronounce ſentence againſt themſelves, out of their own mouthes. This then deſerveth puniſhment, and breaking out to the diſturbance of publick order, ought to be puniſhed. We before proved the protection of publick places to belong to the Magiſtrate: ſo that he not onelyonly may, but if he will not be falſe to him by whom he is intruſted, he muſt put forth his Authority for the ſafe guarding and revenging of them. Yea alſo and this rule may paſſe, when ſome things in the way publickly eſtabliſhed, are truly offenſive. What the ancient Chriſtians thought of the zeal of Audas a Chriſtian Biſhop, who would needs demoliſh a Pagan Temple in Perſia, I know not, but I am ſure his diſcretion is not much extolled, who by that one fiery act of deſtroying foreign, or Temple of ſlain, occaſioned a cruell perſecution of 30. yeers continuance. Theod. Eccleſ. Hiſt. lib. 5. cap. 139.

3. When any have entertained any ſingular opinion, in matters of great weight and importance, ſuch as neerly concern the glory of God, and the minds of Chriſtians in reverence of his holy name, are moſt tenderly affected withall, ſo that without much horror of minde, they can ſcarſe hear thoſe errors, whereby thoſe grand truths are oppoſed, yet thoſe perſons, who have entertained ſuch uncouth opinions, ſhall not be content, ſo to have done, and alſo in all lawfull wayes (as to civill ſociety) endeavoured to propagate the ſaid opinions to others, but in the purſuit of this their deſigne of oppoſing truth, ſhall publickly uſe ſuch expreſſions, or perform ſuch acts, as are fit to powre contempt and ſcorn upon the truth which they do oppoſe, reviling it alſo, or God himſelf ſo repreſented, as he is in the truth they abominate, with odious and execrable appellations, (as for inſtance, the calling the holy Trinity, Tricipitem Cerberum) if the …ueſtion be put, whether in this caſe the Magiſtrate be not obliged to vindicate the honour of God, by corporall reſtraints, in ſome degrees at leaſt upon the perſons of thoſe men, truly for my part, I incline to the affirmative. And the Reaſon hereof is this; Though men, through the incurable blindneſſe of their minds, falling into error of judgement, p. 82and miſ-interpretation of the Word, may diſ-beleeve the Deitie of Chriſt, and the holy Spirit, yet that any pretence from the Word, perſwaſion of conſcience, or dictate of Religion, ſhould carrie them out to reviling opprobrious ſpeeches of that, which of God▪ is held out contrary to their apprehenſions, is falſe and remote from Reaſon it ſelf. For this cauſe Paul ſaies he was a blaſphemer, not becauſe being a Jew, he diſ-beleeved the Goſpel, but becauſe ſo diſ-beleeving it, he moreover loaded the truths thereof, with contumelious reproaches. Such expreſſions indeed differ not from thoſe piercing words of the holy name of God which he cenſured to death: Levit. 24. 15. but onelyonly in this, that there ſeemeth in that to be a plain oppoſition unto light, in this not ſo. The like may be ſaid of a Jew's crucifying a dogge.

4. There are a ſort of perſons termed in Scripture, foreign, 1 Theſ. 5. 14. foreign, Act. 17. 5. foreign, 2 Theſ. 3. 2. foreign, 1 Tim. 1. 9. and the like, diſorderly; vagabond, wandring, irregular perſons, fixed to no calling, abiding in no place, taking no care of their families, that under a pretence of teaching the truth, without miſſion, without call, without warrant, uncommanded, undeſired, do go up and down, from place to place, creeping into houſes, &c. Now that ſuch wayes as theſe, and perſons in theſe wayes, may be judicially inquired into, I no way doubt. The ſtory is famous of Seſoſtris King of Egypt, who made a Law, that all the Subjects of his kingdom, ſhould once a yeer give an account of their way and manner of living, and if any one were found to ſpend his time idly, he was certainly puniſhed; and the Laws of moſt Nations have provided that their people ſhall not be wanderers, and whoſoever hath not a place of abode, and imployment, is by them a puniſhable vagabond. And in this by much experience of the wayes, walking and converſe of ſuch perſons, I am exceedingly confirmed in. I did as yet never obſerve any other iſſue upon ſuch undertakings, but ſcandall to Religion, and trouble to men in their civill relations.

5. When men by the practiſe of any vice or ſin, draw others to a pretended Religion, or by pretence of Religion p. 83draw men to any vice or known ſin, let them be twice puniſhed, for their reall vice, and pretended Religion. The truth is, I have been taught exceedingly to diſ-beleeve all the ſtrange imputations of wickedneſſe and uncleanneſſe, that are impoſed upon many, to be either the end or the medium of the practiſe of that communion in Religion which they do profeſſe and imbrace: I remember that when I was a boy, all thoſe ſtories were told me of Browniſts and Puritans, which afterward, I found it to have been long before, the forgeries of Pagans, and impoſed on the primitive Chriſtians. I dare boldly ſay I have heard ſtories of them an hundred times, holding out that very thing, and thoſe deeds of darkneſſe, which Minutius Felix holds out in the tongue of an Infidel concerning the Chriſtians of thoſe dayes; but yet becauſe ſundrie venerable perſons to whom Antiquity hath given ſanctuary from being arraigned in the point of falſe teſtimony, have left it upon record of ſundry Hereticks in their dayes, as the (Gnoſticks & others) that they were conjoyned into ſocieties teſſera pollutionis, and ſome aſſert that the like iniquities are not wholly buried, I made the ſuppoſition, and hope that if they depoſe themſelves from common ſence and reaſon, the Magiſtrate will never exalt them to the priviledge and exemption of Religion.

In theſe, and ſuch like eaſes as theſe, when men ſhall break forth into diſturbance of common order and enormities againſt the light of nature, beyond all poſitive command of any pretended Religion whatſoever, that the Magiſtrate ought to ſet hedges of thornes in their wayes, ſharpned according to their ſeverall delinquencies; I ſuppoſe no man not abhord of common ſenſe, can once heſitate or doubt. And I am the more inclin'd to aſſert a reſtraint to all ſuch as theſe, becauſe it may be eſtabliſhed to the height, without the leaſt prejudice unto the truth, though perſons erring ſhould injoy the place of authority.

That which now remaineth in this head, to be conſidered, is concerning perſons maintaining and upholding any great and pernicious errors, but in ſuch wayes, as are not by any of the former diſorders to be brought under the cognizance p. 84of the Civill Magiſtrate, but good, honeſt, allowable, and peaceable in themſelves, not at all to be queſtioned, but in reference to the things that are carried on,—in and by thoſe wayes; as communication by diſcourſe, and private preaching, and the like. Now concerning theſe, it is generally affirmed, that perſons maintaining any error in or againſt any fundamentall Article of faith, or Religion, and that with obſtinacy or pertinacie, after conviction, ought to be proceeded againſt, by the authority of the civill Magiſtrate, whether unto death or baniſhment, impriſonment or confiſcation of goods.

Now unto this, ſuppoſing, what I have written heretofore, concerning the incompetency of all, and the non-conſtitution of any Judge in this caſe, with the Anſwers—given at the beginning of this Treatiſe, to the moſt of the places, produced uſually for the affirmative, reſerving the conſideration of preſſing conformity to the next head, to be handled: I ſhall briefly give in my thoughts: and,

1. That I cannot but obſerve, that in the queſtion it ſelf, there are ſundry things, gratis aſſumed: as,

1. That it is known and confeſſed, what Articles in Religion are fundamentall; and this alſo to the Magiſtrate: when no one thing among Chriſtians is more queſtionable; moſt accounting them ſo, (be they what they will) wherein they differ from others. So that one way or other, all diſſenters ſhall be hooked in, directly or indirectly to claſh upon fundamentals. In this, Papiſts are ſecure, who make the Churches Propoſitions ſufficient to make an Article fundamentall.

2. That the perſons holding the error are convinced, when perhaps they have been onelyonly confuted: between which two there is a wide difference; he that holds the truth may be confuted, but a man cannot be convinced but by the truth. That a man ſhould be ſaid to be convinced of a truth, and yet that truth not ſhine in upon his underſtanding, to the expelling of the contrary error, to me is ſtrange. To be convinced, is to be over-powred by the evidence of that, which before a man knew not; I my ſelf, once knew a Scholer invited p. 85to a Diſpute with another man, about ſomething in controverſie in Religion; in his own, and in the judgement of all the by-ſtanders the oppoſing perſon was utterly confuted: and yet the Scholer within a few months, taught of God, and clearly convinced, that it was an error which he had maintained, and the truth which he oppoſed. And then, and not till then, did he ceaſe to wonder, that the other perſon was not convinced by his ſtrong Arguments, as before he had thought. May not a Proteſtant be really worſted in a Diſpute by a Papiſt? hath it not ſo ere now fallen out? If not, the Jeſuites are egregious lyars. To ſay a man is convinced, when either for want of skill, and ability, or the like, he cannot maintain his opinion, to, and againſt, all men, is meer conceit. The truth is, I am ſo far from this moroſe ſeveritie of looking upon all erring perſons as convinced, that have been confuted, that I rather in charity incline to beleeve, that no erring perſon whileſt he continues in his error, is convinced. It will not eaſily enter into my dull apprehenſion, how a man can be convinced of an error (that is enlightned with a contrary truth) and yet hold that error ſtill: I am loth to charge more corrupt and vile affections upon any, then do openly appear; That of Paul affirming that ſome men are ſelf-condemned, is quite of another nature: I think a perſon is ſaid to be convinced, not when there is a ſufficiency in the means of conviction, but when there is ſuch an efficacy in them, as to lay hold upon his underſtanding.

5. That they are obſtinate and pertinacious is alſo a cheap ſuppoſall, taken up without the price of a proof. What we call obſtinacy, they call conſtancy: and what we condemne them for, as pertinacy, they embrace as perſeverance: as the conviction is impoſed, not owned, ſo is this obſtinacy, if we may be judges of other mens obſtinacy, all will be plain: but if ever they get uppermoſt, they will be judges of ours: Beſides, I know not what good it will do us, or how it will advantage our cauſe, to ſuppoſe men obſtinate and convinced before we puniſh them: no ſuch qualifications being any where in the book of God urged in perſons deſerving puniſhment: if they have committed the crime, whereunto the penalty is p. 86annexed, be they obſtinate or not, they ſhall be puniſhed.

But now ſuppoſing all this, that we are clear in all fundamentals that we are convinced, that they are convinced, and doubt not but that they are obſtinate, if they keep themſelves in the former bounds, what is to be done? I ſay, beſides what we ſpake at the entrance of this diſcourſe, I ſhall as to any wayes of corporall coaction and reſtraint, oppoſe ſome few things.

1. The non-conſtitution of a Judge in caſe of hereſie, as a thing civilly criminall. As to ſpirituall cenſures and an Eccleſiaſticall judgement of errors, and falſe doctrines, we finde them appointed, and a lawfull Judge as to the determining concerning them, divinely inſtituted: ſo that in ſuch wayes, they may be warrantably proceeded againſt. Revel. 21. 3. But now, for any Judge that ſhould make diſquiſition concerning them, or proceed againſt them as things criminall, to be puniſhed with civill cenſures, I conceive the Scripture is ſilent: And indeed, who ſhould it be? The cuſtome of former ages was, that ſome perſons of one ſort, ſhould determine of it as to right, viz: that ſuch or ſuch a thing, was hereſie, and ſuch or ſuch a one, an Heretick, (which was the work of Prieſts and Prelates) and perſons of another ſort, ſhould de facto puniſh, and determine to be puniſhed, thoſe, ſo adjudged by the former: and theſe were as they called them the ſecular Magiſtrates, officers of this world. And indeed, had not the God of this world blinded their eyes, and the God of the ſpirits of all fleſh hardened their hearts, they would not have ſo given up their power, to the Man of ſin as to be made ſo ſordidly inſtrumentall to his bloody cruelty: We read Jer. 26. 10, 11. that the Prieſts and Prophets aſſemble themſelves in judgement, and ſo pronounce ſentence upon the Prophet Jeremy that he ſhould dye for a falſe Prophet, v. 12. Jeremy makes his appeal to the ſecular Magiſtrate and all the people, who taking cognizance of the cauſe, pronounce ſentence in the behalf of the condemned perſon, againſt the Prieſts and Prophets, and deliver him whether they will or not, v. 16. I ſpare the Application of the ſtory: but that Princes and Magiſtrates ſhould without cognizance of the thing, or p. 87cauſe, proceed to puniſhment or cenſure of it, upon the judgement of the Prieſts, condemning ſuch or ſuch a man for an heretick, or a falſe prophet, bleſſed be the Lord, we have no warrant: Had this proceeding been regular, Jeremy had dyed without mercy for a falſe prophet, as thouſands ſince, ſtanding before the Lord in his ſpirit have done. This courſe then, that the civill Magiſtrate ſhould proceed to ſentence of corporall puniſhment, upon others judging of the fault, is vile, ſordid, unwarrantable, and exceedingly unworthy of any rationall man, much more ſuch as are ſet over the people of the Land: that the ſame perſons muſt determine of the cauſe, and appoint the puniſhment is clear: Now who muſt theſe be? are they the Miniſters of the Goſpel? of all others, they are the moſt likely to be the moſt competent Judges in ſpirituall cauſes: let it then be ſo; but then alſo, they muſt be the determiners and inflicters of the puniſhment upon default: now let them powre out upon obſtinately erring perſons, all the vengeance, that God hath betruſted them withall. The weapons of our warfare are not carnall, but mighty through God, &c. By this courſe, Admonition, Avoiding, Rejection, Excommunication, will be the utmoſt that can be inflicted on them: which for my part I deſire may be exerciſed to the utmoſt extent of the rule.Of Iudgements. 2ly, ſhall the Magiſtrate be made Judge of the cauſe, as well as of the perſon? is he entruſted to determine, what is error, what not; what hereſie, what not; who is an Heretick, who not; and ſo what puniſhment is due to ſuch, and ſuch errors, according to the degrees, wherein they are? Why firſt, I deſire an inſtitution of this ordinance in the Church? where is the Magiſtrate entruſted with ſuch a power? where are rules preſcribed to him, in his proceedings? 2ly, is not a judiciary determination concerning truth and error (I mean truths of the Goſpel) a meer Chruch act? and that Church power, whereby it is effected? muſt not then the Magiſtrate quâ talis be a Church officer? will men of this minde, tolerate Eraſtianiſme? 3ly, if there be a twofold judicature appointed for the ſame perſon, for the ſame crime, is it not becauſe one crime may in divers reſpects fall under ſeverall conſiderations? and muſt p. 88not theſe conſiderations be preſerved immixed, that the formall reaſon of proceeding in one Court, may not be of any weight in the other? We proved before, and it is granted of all, that the Church is Judge in caſe of hereſie and error, as ſuch, to proceed againſt them, as contrary to the Goſpel; their oppoſition to the faith delivered to the Saints, is the formall reaſon upon which that proceedeth to cenſure: if now this be afterwards brought under another ſentence, of another Judicature, muſt it not be under another conſideration? Now what can this be, but its diſturbance of civill ſociety, which when it doth ſo, not in pretence, but really and actually, none denyes it to be the Magiſtrates duty to interpoſe with his power. 4ly, if the Magiſtrate be Judge of ſpirituall offences, and it be left to him to determine, and execute judgement in ſuch proportion, as he ſhall think meet according to the qualitie and degrees thereof; it is a very ſtrange and unlimited arbitrarineſſe over the lives & eſtates of men: and ſurely they ought to produce very clear teſtimonies, that they are entruſted from the Lord herewith, or they can have no great quiet in acting. 5ly, it ſeems ſtrange to me, that the Lord Jeſus Chriſt ſhould commit this Architechtonicall power in his houſe, unto Magiſtrates, foreſeeing of what ſort the greatest number of them would be, yea determining that they ſhould be ſuch, for the tryall and affliction of his own. View the times that are paſt, conſult the ſtories of former ages, take a catalogue of the Kings and Rulers that have been, ſince firſt Magiſtrates outwardly embraced Chriſtian Religion in this, and other Nations, where the Goſpel hath been planted, and ask your own conſciences whether theſe be the men, to whom this high truſt in the houſe of God is committed. The truth is, they no ſooner left ſerving the Dragon in the perſecution of the Pagans, but preſently in a very few yeers, they gave up their power to the beaſt, to ſet up another State in oppoſition to the Lord Jeſus Chriſt and his Goſpel: in the ſupportment whereof, the moſt of them continue labouring till this very day. Hae manus Trojam exigent? What may be added in this caſe, I refer to another opportunity.

p. 892. Goſpel conſtitutions in the caſe of hereſie or error, ſeems not to favour any courſe of violence; I mean of civil penalties. Foretold it is, that hereſies muſt be, 1 Cor. 11. 19. but this, for the manifeſting of thoſe that are approved, not the deſtroying of thoſe that are not; I ſay deſtroying, I mean with temporall puniſhment, that I may adde this by the way; for all the arguments produced for the puniſhment of hereticks, holding out capitall cenſures, and theſe being the tendance of all beginnings in this kinde, I mention onelyonly the greateſt, including all other arbitrary penalties, being but ſteps of walking to the utmoſt cenſures. Admonitions, and Excommunication upon rejection of admonition, are the higheſt conſtitutions (I ſuppoſe) againſt ſuch perſons: Waiting with all patience upon them that oppoſe themſelves, if at any time God will give them repentance to the acknowledgement of the truth: impriſoning, baniſhing, ſlaying is ſcarcely a patient waiting; God doth not ſo wait upon unbeleevers. Perhaps thoſe, who call for the ſword on earth are as unacquainted with their own ſpirits, as thoſe that called for fire from heaven, Luk. 11. And perhaps the parable of the tares gives in a poſitive rule as to this whole buſineſſe: occaſion may be given of handling it at large: for the preſent I ſhall not fear to aſſert, that the anſwers unto it, borrowed by our Divines from Bellarmine, will not endure the triall: we hope that ſpirituall quiet, and inoffenſiveneſſe in the whole mountain of the Lord, which is wrapt up in the wombe of many promiſes, will at length be brought forth to the joy of all the children of Sion.

3. Sundrie other arguments taken from the nature of faith, hereſie, liberty of Conſcience, the way of illumination, means of communication of truth, nature of ſpirituall things, pravitious tendence of the doctrine oppoſed, if it ſhould be actually embraced by all enjoying authority, and the like; I thought at preſent to have added, but I am gone already beyond my purpoſed reſting place.

Come we in a few words to the laſt thing propoſed (wherein I ſhall be very brief, the main of what I intended, being already ſet down) the power of the Magiſtrate to p. 90compell others, to the embracing of that Religion and way of worſhip, which he ſhall eſtabliſh and ſet up, which for the greater advantage we ſhall ſuppoſe to be the very ſame, both for the things propoſed to be beleeved, and alſo practiſed, which God himſelf hath revealed, and requireth all men every where to embrace. What is to be done, for the ſetling and eſtabliſhing of the profeſſion of the Goſpel, and the right apprehenſion of the minde of God therein, contra-diſtinct from all thoſe falſe and erronious perſwaſions, which in theſe, or former dayes are, or have been held forth in oppoſition thereunto, was before declared; how it is to be ſupported, maintained, protected, defended, ſafe-guarded, from all oppoſitions, diſturbances, blaſphemings, was then, and there ſet down.

Now ſuppoſing, that ſundry perſons living under the power and owning civill obedience to the Magiſtrate, will not conſent to ſound doctrine, nor receive, in ſome things, (fewer or more, leſſe, or greater), that form of wholſome words, which he holds forth, and owns as the minde of Chriſt in the Goſpel, nor communicate with him, in the worſhip, which by the Authority of thoſe words, or that truth, he hath as before eſtabliſhed, it is inquired what is the duty of the Magiſtrate in reference to the bringing of them into that ſubjection which is due unto, and acknowledgement of, the truth; And to this I ſhall briefly give in my Anſwer in theſe following Poſitions.

1. In reference unto us, in this Nation, the greateſt difficulty in giving a full return to this queſtion, ariſeth from the great diſorder of the Churches of God amongſt us: were the precious▪ diſtinguiſhed from the vile, Churches rightly eſtabliſhed, and Church diſcipline exerciſed, that Chriſtians were under ſome orderly view, and men might be confidered, in their ſeverall capacities wherein they ſtand, an eaſie finger would unty the knot of this quaere; but being in that confuſion, wherein we are, gathering into any order being the great work in hand, I ſuppoſe under favour, that the time is ſcarce come, for the propoſall of this queſtion: but yet ſomething may be given in unto it though not ſo p. 91clear, as the former ſuppoſall being effected, would cauſe it to be.

2. The conſtant practiſe of the Churches in former ages, in all their meetings for adviſe and counſell, to conſent into ſome form of wholſome words, that might be a diſcriminating teſſera of their communion in doctrine, being uſed in prime Antiquitie, as is manifeſt in that ancient Symbol commonly eſteemed Apoſtolicall, of the chief heads whereof mention in the like Summary is made in the very firſt writers among them, having alſo warrant from the Word of God, and being of ſingular uſe to hold out unto all other Churches of the world, our apprehenſions of the minde of God, in the chief heads of Religion) may be conſidered: If this be done by the authority of the Magiſtrate, I mean if ſuch a declaration of the truth, wherein the Churches by him owned and protected, do conſent, be held out as the confeſſion of that truth which he embraceth, it will be of ſingular uſe unto, yea indeed muſt neceſſarily precede any determination of the former queſtion: of the nature and uſe of confeſſions, &c. ſo much hath of late been learnedly diſputed, that I ſhall not powre out any of mine own conceptions for the preſent about them, in that haſty tumultuary manner, wherein I am enforced to expoſe this eſſay.

3. Thoſe who diſſent from the truth ſo owned, ſo eſtabliſhed, ſo decreed, do ſo, either in leſſe matters of ſmall conſequence,, and about things, generally confeſſed not fundamentall, or in great and more weighty heads of doctrine, acts of worſhip, and the like: both agreeing in this, that they will not hold communion as either to all, or ſome parts and duties thereof, which thoſe Churches and perſons who do embrace the truth, ſo owned, as before, and act accordingly.

For the firſt of theſe, or ſuch as diſſent about things of no great concernment in compariſon of thoſe other things wherein they do agree, with them, from whom they do diſſent, I am bold poſitively to aſſert, that, ſaving and preſerving the Rules and qualifications ſet down under the ſecond head, the Magiſtrate hath no warrant from the Word p. 92of God, nor command, rule, or precept to enable him, to force ſuch perſons to ſubmit unto the truth as by him eſtabliſhed, in thoſe things, wherein they expreſſe a conſcientious diſſent, or to moleſt them with any civill penalty in caſe of refuſall or non-ſubmiſſion: nor yet did I ever in my life meet with any thing in the ſhape of Reaſon to prove it, although the great preſent clamor of this Nation, is punctually as to this head: what ever be pretended, this is the Helena about which is the great conteſt.

What I pray will warrant him then to proceed?

Will the Laws againſt Idolatry and Blaſphemy? with their ſanctions towards the perſons of blaſphemers, and idolaters (for I muſt ingenuouſly confeſſe, all that which in my poore judgement looks with any appearance, of preſſing toward Haereticidium, is the everlaſting equity of thoſe judiciall Laws: and the Arbitrarineſſe of Magiſtrates, from a divine rule in things of the greateſt concernment, to the glory of God if free from them) and that theſe Laws I doubt will ſcarcely be accommodated unto any thing under conteſt now in this age of the world among Chriſtians) but ſhall I ſay, a warrant taken from hence for the compelling of men, ſound in ſo many fundamentals, as were it not for the conteſt with them, we would acknowledge ſufficient for the entertainment of the Lord Jeſus in their boſomes, to ſubject to, and cloſe with, the things contrary to their preſent light and apprehenſion, (though under a promiſe of being taught of God) or to inflict penalties upon a refuſall ſo to do? Credat Apella.

Shall the examples of extraordinary judgements upon Idolaters, falſe Prophets, by ſword and fire from heaven, (on Magitians, Apoſtates, and the like) be here produced? Though ſuch arguments as theſe have made thouſands weep tears of blood, yet the conſequence in reaſon, cannot but provoke laughter to all men not wholly forſaken of directing principles.

What then ſhall be done,Qu: they'l ſay? they have been admoniſhed, rebuked, convinced, muſt they now be let alone?

Something as to this I ſhal adde,Anſ: in the cloſe of this diſcourſe; p. 93for the preſent let learned Whitaker anſwer for me: and firſt, to the firſt, of their being confuted. Poſſunt quidem controverſiae ad externum forum deferri, & ibi deſiniri: ſed conſcientia in eo foro non acquieſcit, non enim poteſt conſcientia ſedari ſine Spiritu ſancto. Let controverſies (ſaith he) be determined how you pleaſe, untill the conſcience be quieted by the holy Spirit, there will be little peace. Unto which I ſhall not adde any thing, conſidering what I ſaid before of conviction: and to the latter of letting them alone, to their own wayes. Eccleſiae quidem optatius eſt levibus quibuſdam diſſenſionibus ad tempus agitari, quam in perfida pace acquieſcere; non ergo ſufficit aliquo modo pacem conſervari niſi illam eſſe ſanctam pacem conſtiterint: Whit: con: 4. de Rom: Pont: qu: 1. cap. 1. ſec: 2. Better ſome trouble, then a perfidious, compell'd peace: ſee him handle this more at large, with ſome excellent concluſions to this purpoſe. Con: 4. de Rom. Pont. q. 1. cap. 1. ſ. 19. pa. 48. & 50.

For theſe then, (and under this head I compare all ſuch perſons as keeping in practiſe within the bonds before laid forth, do ſo far forth hold the foundation, as that neither by beleeving what is not, or diſ-beleeving what indeed is, they do take in, or keep off, any ſuch thing as wherewithall being embraced, or without which, being rejected, the life of Chriſt cannot in any caſe poſſibly conſiſt, nor ſalvation by him be obtained) as the Magiſtrate is not bound by any rule or precept to aſſiſt and maintain them, in the practiſe of thoſe things, wherein they diſſent from the truth, ſo he is bound, to protect them in peace and quietneſſe in the enjoyment of all civill rights and liberties; nor hath he either warrant, or allowance, to proceed againſt them, as to the leaſt penalty for their diſſent in thoſe things, they cannot receive. Attempts for uniformity among Saints, or ſuch as for ought we can conclude, either from their opinions or practiſes may be ſo, by externall force are purely Antichriſtian.

Now for thoſe that ſtand at a greater diſtance from the publickly owned and declared truths, ſuch as before we ſpake of, the orderly way of dealing with ſuch, is in the firſt place to bring them off from the error of the way, which p. 94they have embraced: and untill that be done, all thoughts of drawing in their aſſent to that, from which at ſuch a diſtance they ſtand, is vain and bootleſſe. Now what courſe is to be taken for the effecting of this? ſpirituall wayes of healing are known to all, let them be uſed, and in caſe they prove fruitleſſe, for ought that yet I can perceive, the perſon of men ſo erring muſt be left in the ſtate and condition we deſcribed under the ſecond head.

And now to drive on this buſineſſe any further by way of conteſt I will not; my intention at the beginning, was onelyonly poſitively to aſſert, and to give in briefly the ſcripturall and rationall bottoms, and proofs of thoſe aſſertions; wherein I have gone aſide, to pull, or thruſt a line of debate, I have tranſgreſſed againſt my own purpoſe; I hope it will be pardoned: though I am heartily deſirous any thing which paſſeth my pen, may be brought to the teſt, and my ſelf reduced where I have gone amiſſe, yet my ſpirit faints within me, to think of that way of handling things in Controverſie, which ſome men by reciprocation of anſwers, and replyes have wound themſelves into Bolſecte, and Staphylus, and Stapleton ſeem to live again, and much gall from beneath to be powred into mens ink. Oh the deep wounds, the Goſpel hath received by the mutuall keen invectives of learned men: I hope the Lord will preſerve me, from being engaged with any man of ſuch a frame of ſpirit: what hath been aſſerted may eaſily be caſt up in a few Poſitions, the intelligent Reader will quickly diſcern what is aymed at, and what I have ſtood to avow.

If what is propoſed, be not ſatisfactory, I humbly offer to the Honorable Parliament, that a certain number of learned men, who are differently minded as to this buſineſſe of Toleration, which almoſt every where is ſpoken againſt, may be deſired and required to a fair debate of the matter in difference, before their own Aſſembly, that ſo, if it be poſſible, ſome light may be given to the determination of this thing of ſo great concernment, in the judgements of all men, both on the one ſide and on the other, that ſo they may try all things, and hold faſt that which is good.

p. 95Corol: That Magiſtrates have nothing to do, in matters of Religion, (as ſome unadviſedly affirm) is exceedingly wide from the truth of the thing it ſelf.

2. Corporall puniſhments for ſimple error, were found out to help build the tower of Babell:

Si quid noviſti rectius iſtis

Candidus imperti; ſi non, his utere mecum.

FINIS.

End of the text · John Owen, Sermon to House of Commons (1649)