A Complete Body of Divinity, Sermons · 181 (Question 64 cont.)
SERMON CLXXXI.
WE have conſidered ſomething in general concerning the Civil Relation which … hath placed between Magiſtrates and their Subjects; and are now to proceed to take an Account of the Relative Duties which God hath … of each of theſe.
Firſt, THE general Comprehenſive Duty of …giſtrates, is to exerciſe the Authority which God hath beſtowed upon them, for the good of the Subject. As to that Queſtion which hath with ſo much vehemency been diſputed Pro & Con, viz. Whether Magiſtrates were made for their …, or the People for their Magiſtrates? It is …gh to ſay, that God conſtituted this Order of Men for the common Good of Mankind; and if it had not been for the need of the People He had never appointed Civil Rulers over …; and He hath accordingly accommodated their Duties for the beſt advancing of this …: And in this regard, they were equally made one for another; nor can they obtain a Civil Happineſs, unleſs they mutually conform to the Will of God in this regard. It is an honour which God puts upon Men, when He calls them to Publick Service, and they can then only honour Him in it, when they uſe it to the … of the Precept: And he hath aſſured us, that this was for the Good of the People over … they are ſet: Hence that, Rom 13.4. For he is the miniſter of God to thee for good. And this Care of theirs, every the meaneſt Subject hath a title to; and that is the reaſon given why we ought to Pray for them, 1 Tim. 2…. And in this is David commended for his Exemplarineſs in his management of his Royal Authority, Pſal. 78.72.
[1.] NOW that they may …pply their Authority, there are Two general Duties peculiarly incumbent on them:
1. TO get and maintain Cordial and entire … for their Subjects. Love is the bond of …y Relation which God hath ordained among …; and if that fail, the Duties depending on … will be neglected: And it is a tender and … paſſionate Love that is here required, as will …pear by the Metaphorical Titles, which are i… the Word of God, put upon Civil Rulers: They are called Heads, and their Subjects are the Members of the Body Politick, Judg. 11.9. …b. 25.13. M…c. 3.1.11. and elſewhere. And this not only in reſpect of Dignity; but alſo of influence. And we are told in Eph. 5.29. …or no man ever yet hated his own fleſh; but …riſheth and cheriſheth it, even … the Lord …e church. They are called Fathers, and their Subjects their Children: Hence that of Naaman's Servants, 2 Kings 5.13. 1 Sam. 24.11. Not…ing that they ought to be tender to them as their Children; hence that Compellation, My Son, Gen. 43.29. Joſh. 7.19. They are called Shepards, Iſa. 44.25.63.11. to denote with what gentleneſs, they ought to look after their People.
2. TO apply this Love, in laying out their Study and Endeavour for their Good. Civil Magiſtracy is a Buſineſs which God calls Men to employ themſelves in. The Charge of a People is a great Charge, and there are a great many things that go in to procure their Tranquillity and outward Felicity, which require much Study to Contrive, and a great deal of Induſtry in the Proſecution; and if they do indeed ſuitably effect them, it will put them upon anxious Sollicitude in the purſuit of their Deſign. Love is an active Affection, and it cannot ly ſtill; but lay it ſelf out, and think it can never do enough for it's Object: And ſuch a Love as this did Solomon expreſs in that Choice which he made upon God's Offer, 1 Kings 3.9. Give therefore thy ſervant an underſtanding heart, to judge thy people, that I may diſcern between good and bad: for who is able to judge this th… ſo great a people?
[2.] MORE particularly, the things wherein they are to apply themſelves to provide for the Good of their Subjects are ſuch as theſe,
(1.) THEY ought to provide a Body of wholſome and good Laws, to be the fixed Rule of Government. We before obſerved, that no People ought to be Governed Arbitrarily, or according to the Wills or Paſſions of Men, which muſt unavoidably be Tyrannical. All Men ought to know, or at leaſt have ſufficient Means to inform themſelves, on what Terms they ſtand, and wherein they may preſerve themſelves ſafe from the danger of Civil Cenſures. There is therefore a Legiſlative, as well as an Executive Power belonging to Government, which is to be applied to the Enacting & Ratifying of ſuch Civil Ordinances as are for the Publick Benefit. And theſe Laws are not to be made meerly for Men's Pleaſure, but according to right Reaſon; which is to take it's meaſures from the Publick Benefit, and the Rules of Righteouſneſs which the Light of Nature gives evidence to: Hence Wiſe Lawgivers do not only Ratify their Edicts with the Seal of their Authority, but Preface them with the Reaſon on which they are grounded.
AND here that CASE may be briefly conſidered, viz.
Queſt. WHETHER the Law given by Moſes to Iſrael, from the Mouth of GOD, be the Square according to which all Humane Laws are to be meaſured?
BY way of reply, I ſhall only offer theſe Conſideration,
1. THE Laws given by Moſes were of three ſorts, Moral, Ceremonial and Judicial; which are therefore called Commands, Statutes and Judgments. Theſe, tho' they made but One Body, yet came under a different conſideration both as to the Riſe and Reaſon of them; and although they proceeded from the ſame Author, yet were given upon diſcrepant Accounts.
2. HENCE to the right Reſolution of this Inquiry, theſe muſt be conſidered ſeverally; for it is certain, that the whole Law, conſidered as one entire Syſtem, was given to that People, as peculiarly accommodated to them, under their Circumſtances, and ſo was appropriated to them, being given to diſtinguiſh them from all other People in the World.
HERE then,
1. THE Moral Law ſumm'd up in the Ten Commands, and dilated upon in ſeveral particular branches, was no other than the Law given to Man in his Creation, and was the Rule of Righteouſneſs, and true Holineſs, and the Rule of God's ſpecial Government of Men, according to which he was to be happy or miſerable. And this was the ſame for ſubſtance with the Law of Nature, and is therefore of Perſonal force, having Mankind for the ſubject of it. This ſet the whole bounds between right & wrong, and the Rationality of it was ſubſcribed to by Man's Conſcience; all theſe three Titles belong to the Encomium of it, Rom. 7.12. Holy, Juſt, Good. Every Tranſgreſſion of this Law is a Sin, and that in the Gentiles, as well as the Jews, (hence that, Lev. 18.27, 28.) Hence, all Humane Laws are to be directed by this Law, ſo far, as to make nothing a Tranſgreſſion, but what is Condemned by this, require nothing of the Subjects, but what is approved by this. For doubtleſs, God is the One Supream Law-giver, and all others derive from Him, (James 4.12.) All the Heathen Law-givers pretended that they received their Inſtructions from ſome Deity; and the End of all Laws ought to be ultimately the Glory of God, which cannot be paid Him, but by the Conformity of them, to his fixed Law.
2. TOUCHING the Ceremonial Law, it ſufficeth to ſay, that it was purely Poſitive, and mainly accommodated to the Firſt Table, or the Worſhip of God, and had a reſpect to Chriſt who was to come: He therefore being ſhadowed by it, & it being given to them to help their Faith in waiting for Him who was the Subſtance; they are now Antiquated and Aboliſhed, (as is fully proved, Heb. 9.10.) And a ſubordinate End of them being to make a ſeparation between Iſrael, and all other People, it muſt needs be appropriate to them; and this wall being pulled down, it is no more of any uſe to them, (Eph. 2.14.) Nor hath God given to any Authority in this World a Liberty to ſubſtitute any other ſignificant Ceremonies of Worſhip in their room.
3. WITH reſpect to the Judicial Laws, we muſt obſerve, that theſe were Appendices, partly of the Moral, partly of the Ceremonial Law: Now ſuch as, or ſo far as they are related to the Ceremonial, they are doubtleſs Aboliſhed with it. As, and as far as they bear reſpect to the Moral Law, they do, …o Nomine, require Obedience perpetual, and are therefore reducible to Moral Precepts, only it is obſervable that ſome were only Indulgences; ſuch was that our Saviour ſaith about Divorces for any ſlighty Cauſe; and ſo it did not evacuate the Moral Precept about it, Matth. 19.8, 9. And give me leave with reſpect to theſe Laws, to digreſs ſo far as to offer two Cautions,
1 THAT tho' frequently the Seal of Sovereignty, I am the Lord, be a note of a Poſitive Late; and when there is a Reaſon give… of a Law, it is for the moſt part Moral, yet this will not hold always. God gives a Reaſon why Blood ſhould not be eaten. Lev. 17.4. And yet it is certain, that this was never a Moral Precept, but Poſitive; and there are other parts in the Creature, in which the Life is as nearly, and in ſome regards more nearly concerned than the Blood, which are not forbidden.
2. THAT there are ſome Judicial Laws, in which the thing commanded or forbidden, is Moral, and yet the Penalty annexed to it is Poſitive. All Penalties preſcribed in any of … Moſaical Laws, if Mu…ct, Corporal Puniſhment or Death, were Judicial, and belonged to the Civil Government, Sacrifices only excepted, which were Ceremonial, and belong'd to the Eccleſiaſtical: Now many of theſe were Arbitrary, and accommodated to the State of the Iſraelitiſh Church in their State of Bondage. Now, tho' the open Tranſgreſſions of the Moral Law came under the Cognizance of the Civil Magiſtrate, yet all the ſame Penalties that were then appointed, are … now binding: Some indeed were Moral, as the Death of a Murderer, and without any Ranſom; and ſome alſo ſuppoſe that the making Adultery a Capital Crime belongs hither: But others were proper only to the Time and State of that People, as the Law about Profaning the Sabbath, Numb. 35.33. &c.
NOW the Legiſlative Power of Rulers, i… their making of Laws is to be regulated by theſe Two general Directions, which they ought ever to lay before them in their Debates and Concluſions, viz. That they be Righteous, and Good: Theſe two might be comprehended in one, for that which is Righteous is Good, and nothing can be truly Good, but that which is Righteous. Nevertheleſs, then may be ſome diverſity in theſe conſiderations, which may therefore be look'd upon diſtinctly.
(1.) THEY ought to be very careful to ma… Righteous Laws, and no other. This is intimated in that, Prov. 8.15. Princes decree Juſtice. Hence a Wo is denounced by God againſt ſuch as make Unrighteous ones, Iſa. 10.1 Wo unto them that decree unrighteous decrees, and that write grievouſneſs which they have preſcribed. God will reject Fellowſhip with them, Pſal. 94.20. Shall the throne of iniquity have fellowſhip with thee, which frameth miſchief by a law? Now there is a double reſpect in which a conſideration is to be had of Righteouſneſs in the making Laws, viz. The Matter about which it is made, and the Sanctions affixed to it: And in both of theſe, there may be a Tranſgreſſion, if due Care be not uſed.
IT is here to be obſerved, that for the making of a Law to be an Inſtrument of Government, it is not enough that there be a Precept given by Authority directing and commanding this to be done, that to be avoided; but there muſt alſo be a Penalty annexed, elſe it will hazard being deſpiſed. Now in both of theſe regards, Righteouſneſs is carefully to be conſulted.
1. IN reſpect of the Matter about which it is made; and that is, when the Thing decreed is agreeable to the Rule of Righteouſneſs. Nothing ought to be required of the Subject in Obedience to Civil Authority, in the doing of which the Law of God will be violated, and he diſobeyed. All Men are Firſtly Subjects to God, and therefore they are to have regard to Him, in all the Subjection required of Men to them. As they Rule from Him, ſo they are to Rule for Him. It is true, there are many things which occur in Providence, and are made neceſſary by it, for which there is no particular expreſs Command in the Scriptures, but the Rule of Providence requires that it be put into a Law; and the general Rules given will ſufficiently warrant it; and there are ſuch things as theſe which do frequently evene: But to Enact any thing which is Repugnant to the revealed Will of God, and directly oppoſeth a Negative Precept of the Moral Law, which is given without Limitation or Exception, is utterly unlawful: and for the ſame Reaſon, the Light of Nature is to be conſulted and followed; and that general Rule is well to be regarded in making Laws, as in my other thing, Matth. 7.12. All things whatſoever ye would that men do to you, do ye even ſo to them: for this is the law and the prophets. Nor ought any Law to be made to tolerate any real Wickedneſs, under any pretence whatſoever; for the Command of God forbids us to do Evil, that Good may come of it.
2. IN reſpect of the Sanctions annexed to the Laws made. As there ought to be Sanctions, elſe the Law will not advance the End of it; (whereas we are told, 1 Pet. 2.13. Submit your ſelves to every ordinance of man for the Lord's ſake.) and tho' there may be a Latitude leſt in ſome things to be diſpenſed according … the Prudence of the Judges, (though that ought not to be unlimited, but within due Bounds) ſo there is a regard to be had to the Merit of the Crime, in the proportioning of the Penalty. It was a miſtake in Draco the Lawgiver, that he reckoned all Sin equal, and therefore made every Crime Capital, whence he was ſaid to write all his Laws in Blood; and tho' it be a Truth that the leaſt Sin deſerves Death from the hand of God, yet it doth not ſo from Men. The end of Civil Laws is to preſerve Mankind in Order, and in that regard, Salus Populs eſt Suprema Lex. And God himſelf appointed in the Law given to Iſrael, different degrees of Penalty, according to the Nature and aggravation of the Crimes. Severity therefore is to be duly tempered with Lenity in Laws, leſt otherwiſe they ſhould have a tincture of Cruelty. To this Righteouſneſs alſo belongs the providing for Commutative Juſtice between Men, by Laws which may defend Men from Wrong and Injury by their Neighbours, in their Life, Chaſtity, Eſtate or Reputation.
(2.) THEY ought to take heed to make Good Laws and only ſuch. And tho' unleſs they be Righteous, they cannot be Good: yet there is ſomething more that comes under this conſideration: And we do not here conſider Goodneſs under a Metaphyſical Notion, but that which is Moral and Political. It is not their Goodneſs in themſelves, but as they are a Medium to promove the proper End of Government; and that is, the well-being of the whole, and every part of it: And it is in this reſpect that the Law which God gave to His ancient People, is ſo often ſaid to be God Neh. 9.13. Pſal. 119.39. Mic. 6.8. C…re ought therefore to be uſed, that the Welfare of the Body be deſigned, and that the Law be a ſuitable Medium, (having a Rational tendency in it, to the advancement of it.
AS to that controverted Queſtion. Whether Civil Rulers have a power to make Laws about Things indifferent? I ſhall only ſay thus in general, viz. That we muſt diſtinguiſh between Power as it reſpects the Submiſſion due from the Subject, and as it is under the Divine Ordinance and Regulation: We muſt alſo diſtinguiſh between a thing Indifferent in it ſelf, and in it's Circumſtances: And then it may eaſily be reſolved, that God hath given Civil Rulers Authority to make no other Laws, than are for the Good of the Government, ſo that if they Enact any other, they Tranſgreſs their Commiſſion from God, and are accountable to Him for it; and do not carry it as Fathers to their People. And though in a Moral ſenſe, there are things which themſelves are of a middle Nature, and Man is at liberty either to do them, or avoid them; and in that ſenſe they are neither Good nor Evil, and ſo they cannot be the proper Matter of a Law, it being eſſential to a good Law, that it be for the Good of thoſe for whom it is made; and to limit the Subject in things lawful in themſelves, meerly pro Arbitrio, is Oppreſſion. But theſe things may be cloathed with ſuch Circumſtances as may render them either hurtful or beneficial to Men, and ſo they will become either a Duty or a Sin; and it will be very proper to make Laws about them accordingly, which may be for the Publick Good. And doubtleſs, there are no Laws more neceſſary for the bene eſſe of a People, than ſuch as put a Reſtraint upon the ſinful abuſe of Lawful Liberties.
NOW that is the beſt Body of Laws, which moſt amply provides for the advancing the Happineſs of all that are under them; and that is ſummarily recommended to us in that, 1 Tim. 2.2. That we may lead a quiet and peaceable life in all godlineſs and honesty. When they lay in to ſecure both Godlineſs and Honeſty among a People, they are Happy under ſuch a Government, if by their own folly, they do not make themſelves miſerable. When they provide that the true Religion may be eſtabliſhed, the true Worſhip of God may be upheld, and all that withſtands be ſuppreſſed, and no Unſcriptural Rites be impoſed on Men; when they take Care, that all Orders of Men have their due Honour and Reſpect paid to them; due Diſtances be maintained between Superiours and Inferiors; that Men may enjoy their Rights, and be ſaved from … and wrong; That the liberal Education … Children be encouraged; That thoſe who deſerve well be Rewarded, and Wickedneſs be puniſhed: When by ſuch Laws as theſe, they do as far as can be provide for a People's Felicity, they are very Good.
AS to the Queſtion, Whether Civil Rulers have Power to make Laws about the Religious Worſhip of God, and Heretical Doctrines? I ſhall only Anſwer, Whatſoever may truly ſerve to the Peace and Tranquillity of the People comes within their reach, agreeable to the Rule of Reaſon, and the Word of God. Now, no People can do well without Religion, nor can they do well without the True Religion. Publick Judgments are often bro't for Irreligion, and falſe Worſhip, when tolerated; and who ſhould reſtrain it but ſuch as have the Civil Sword put into their hands by God: Thoſe therefore were the Leaders in the Reformation, recorded in Scripture, and puniſhed Offenders in this kind. Civil Rulers do receive their Authority from God, and are to uſe it for Him; which how ſhall they do, if they ſuffer His Attributes to be Blaſphemed, His Name to be taken in vain, His Worſhip to be defiled, His Sabbaths to be profaned, His Truths to be perverted. Tho' therefore they have no Warrant from God, to Coin any New Articles in the Religion which He Himſelf hath revealed; nor to appoint any New Inſtitutions in His Worſhip, which alone belongs to the Kingly Office of Chriſt; (and if they ſhould do ſo, His holy Jealouſy would be incenſed againſt them,) yet their Power is Circa Sacra; and they ought to provide that the Houſe of God be built. His Worſhip upheld; the Miniſters of His Sanctuary be ſupported; all Affronts againſt His Sacred Majeſty be duly born witneſs againſt; and all Heretical Doctrines which are at any time broached, be ſuppreſſed. And how can this be done, unleſs there be Laws adapted to theſe Ends? Without this, they cannot provide that their Subjects may lead quiet and peaceable Lives, in all Godlineſs; but there muſt be endleſs Schiſms and Deſtractions in the Church of God.
USE. WHAT need have we then, to Pray to God for our Rulers, in this Regard; That He will put His Spirit, upon them; and afford them the direction of His holy Spirit; That they may have a right diſcerning of theſe Things, and an Heart ſtrenuouſly engaged, thus to promove the true Welfare of the People under their Charge.
[NOVEMBER 16. 1703.]