The dying man's testament to the Church of Scotland, or, A treatise concerning scandal divided into four parts ... : in each of which there are not a few choice and useful questions, very shortly and satisfyingly discussed and cleared / by ... Mr. James Durham ... who being dead (by this) yet speaketh ; and published by John Carstares ... ; to which is prefixed an excellent preface of famous Mr. Blair ... ; together with a table of the contents of the several chapters of each part.

CHAP. XIV. What may be justly acknowledged to be within the reach and power of the Magistrate in such a case, and so, what is his duty.

IT may be more difficult to explicate this, and to shew what is within the Magistrates reach, or, what way he is to follow this. Before we answer, we would premit,

1. That it is not intended, that Magistrates should rigidly and severely (much lesse equally) animadvert upon all that in their judgment are erroneous, or differ from what is truth, that is not called-for from Mini∣sters. Therefore here the former distinctions are to be remembred and applyed: for, there is great odds be∣twixt animadverting upon an absurd errour, or ta∣king notice thereof, as it is a thing of the mind, and, it may be, a scruple in some conscience, and as it is an external deed, having with it real offence, prejudice and hurt unto others; in which case the Magistrate forceth no mans conscience to another Religion, but doth keep his own conscience, by keeping one that is deluded from seducing of others, or wronging the Name of the Lord or His Church.

2. It is to be adverted, that we speak not here of the Magistrates duty in punishing of corrupt teachers with civil or capital punishments, (though we doubt not but in some cases their power doth reach to that) much lesse are the highest punishments to be under∣stood here; whatever▪be truth in these, we do not

now search into it, because the Scope is according to the Assertion, to consider what is called-for, for the preventing of the spreading of corrupt doctrine, and the preserving or recovering of a people therefrom.

3. This doth not give way to Magistrates to con∣demn and restrain what they think errour, or what others think errour; for Ministers that ought to re∣ject Hereticks, are not warranted to reject whom they account so, but who indeed are so; So is it here, it is what is indeed errour▪ and who are indeed the teachers thereof, that the Magistrate is to restrain, as those who teach rebellion against the Lord.

We come then to consider what may be a Magi∣strates duty when seducing spirits assault the people under their charge, and what is obviously in their power to do for preventing of hurt by them, with∣out insisting in any difficult or odious like case. Their duty also may be considered in a fourfold respect, as that of Ministers was. 1. It would be considered with respect to God, and so they ought to fear some stroak coming upon their people, and by looking to Him to endeavour to carry so in reference thereto, as they may be countable to Him: for, if it be a privi∣ledge for Magistrates in the Christian Church to have the honour of being nursing fathers therein, Isa. 49. 23. then it must be a great credit, mercy and satis∣faction to them, to have their people or foster (to say so) the Church, flourishing and thriving upon their breasts; and if so, then the mis-thriving of the Church by unhealthsom milk of errour should and will exceedingly affect them. And certainly that ex∣pression doth both shew what a Magistrate's duty is, and how tenderly he ought to nourish the Church and preserve her from any thing that may hurt her, as also it showeth how nearly any thing that may hurt the Church, ought to touch and prick him.

2. In respect of themselves, they are to consider if by any guiltinesse of theirs the Lord be provoked to

let loose such a spirit, as Solomons sins did procure the renting of the Kingdom. So might they be also coun∣ted a cause, bringing▪on that idolatry and defection of Ieroboam from the Truth, as well as from him and his posterity: Also if by their negligence in not pro∣viding faithfull Teachers to instruct the people, by their conniving at errours, or tolerating them, or other∣wayes they may be charged with accession thereto: Thus Ieroboams appointing the meanest of the people to be Priests, and his beginning defection by his ex∣ample, (though he seemed not altogether to forsake the true God) disposed the people for a further length, and had influence upon their going a whoring after Baal and other Idols of the Nations: Thus also Solo∣mon was guilty of much grosse idolatry by his con∣nivance at it, and taking himself to worldly pleasures and miskenning the things of God, although it's like he did not actually f•…•…ll in that grosse idolatry himself. And if Magistrates were seriously reflect∣ing on themselves, and affected with their own neg∣ligence and carelesnesse in preventing of such things, whereof possibly they might find themselves guilty, this were a great length, and other questions would be the sooner cleared, and seriousnesse would make them find out remedies for such an evil.

3. Their duty may be looked upon in reference to others, wherein they may and ought to extend them∣selves for preventing the spreading of the infection amongst these that are clean, by such like means, As, 1. by their example, to show themselves zealous against that ill, and to abhor the questioning and dis∣puting of the truth; thus the example of a Magistrate is often of much weight, yet car•…•… it not be accounted any coaction. 2. They ought to endeavour to have faithfull and honest Ministers, who by their diligence and oversight may exceedingly conduce to the con∣firming of these that stand, and to the preventing of more hurt. 3. They may and ought to countenance

and strengthen such as are faithfull, whether among Ministers or people, which often hath no little in∣fluence upon the disappointing of seducers: thus it is said, 2 Chron. 30. 22. that for promoving of Refor∣mation, Hezekiah spoke comfortably to all the Levites that taught the good knowledge of the Lord: which is added, to shew that by this encouraging of honest and faithfull Ministers beyond others, he did design the thriving of the work in their hands, both by heart∣ning them to be zealous in it, and also by making them to have the more weight with others: this is also marked of Constantine and other good Emperours, that zealous and faithfull Ministers were particularly taken notice of, and honoured by them, beyond others. 4. They may and ought to employ and make use of some fit instrumen•…•…s for the preventing of seduction, and may provide such as may be set apart for study∣ing such controversies, and confuting of such errours, that the truth may be the more clear. 5. They may and ought to endeavour according to their place, the composure and allayment of all the lesser and more pet∣ty differences and heart-burnings that may be found amongst these that are, in the main, one for truth; for often (as was said) a vehement spirit of errour and delusion is trysted with heart-burnings, divisions and offences in the Church, and amongst the Officers thereof: there were petty contests in Corinth, biting and devouring one of another in Galatia, trysted with the harmony that was amongst the followers of the seducers: and at the Councell of Nice there was not only difference with Arians and other grosse here∣ticks, but also there were petty differences and con∣tests amongst the Bishops and Confessors who stood for truth; and these differences are most advantagi∣ous to the spreading of errour, and the removing thereof is a great bulwark against the same. It is marked of Constantine at that Councell of Nice, that amongst other means which he used to suppresse the

Arian heresie, he did most carefully endeavour the removing and burning of such differences and divi∣sions, and by serious Oration pressed the oblivion of all such, that they might the more unitedly and with the lesse diversion be in capacity to oppose the com∣mon enemy. For certainly, when Ministers are armed one against another upon some lesse concern∣ing, and more unprofitable debates, (as, alas! too much of them is in the Christian reformed-Church at this time) there cannot but be the lesse strength, zeal, and vigilancy against professed enemies in the most substantiall things. 6. They may, and ought to interpose their Authority, for inhibiting the re∣ceiving and hearing, or conversing with known and manifest seducers: for, this is but to discharge, and thereby to preserve the people from runing to their own hazard, even as men ought to be commanded to keep at distance with a place or person suspected to be infectious because of the Pestilence; neither could such a restraint be accounted any diminution of their just liberty, yea this were but a putting to of their sanction to the clear direction which the Lord layeth upon His people, and therefore there could be no hazard to miscarry in it, especially where the appli∣cation to such and such persons, might be as clearly discernable from the Word as the duty is. 7. They might and ought to give their countenance unto, and joyn their Authority with, such ecclesiastick statutes, overtures, or means, as Church-judicatories or Offi∣cers might be about to make use of for this end in their places; and this can be no more prejudice to liberty, to countenance with their authority the Or∣nance of Discipline, than to confirm by their Autho∣rity the Ordinance of preaching the Gospel. 8. They may and ought to preserve the Ordinances from being interrupted, and the administrators thereof from be∣ing reproached, and might justly censure these things when committed. 9. In recovering a people, in a

reeling and staggering time, a Magistrate may engage them to formerly received truth, and interpose his authority for this end, as is recorded of Iosiah, 2 Chron. 34. 31, 32, 33. Also, 10. He may and ought to re∣move all false worships, and endure no corrupt preaching, or writing, or meetings for that end, or administrating of corrupted Sacraments, or any Or∣dinance other than what is allowed; for, Iosiah did cause the people stand to the Covenant that was made, and having removed all Idolatrous worship, he made Israel to serve the Lord, that is, he made them aban∣don corrupt worship, and waiton pure Ordinances, as keeping of the Sabbaths, offering of sacrifices, &c. and that according to the manner prescribed by the Lord. Neither was it a wronging of their liberty, to do so: Because, 1. it was the preservation of their liberty, to keep them from the abominable bon∣dage of these evils. 2. It was their duty to abstain from these, and to follow the Ordinances purely, and the Magistrate may well put people to that. 3. It is one thing by force to keep folks from dishonouring God in a corrupt Religion, (as Iosiah did) another to force them to a Religion; the one belongeth to the or∣dering of the outward man, the other to the inward. 4. He might order them to keep the Ordinances, and in going about them to keep the rule, because that is but a constraining of them to the means whereby Re∣ligion worketh, and a making them, as it were, to give God a hearing, leaving their yeelding and con∣senting to him, when they have heard him, to their own wills, which cannot be forced; yet it is reason that when God cometh by His Ordinances to treat with a people, that a Magistrate should so far respect His glory and their good, as to interpose His Autho∣rity to make them hear. 5. Also, there is a diffe∣rence between the constraining of a circumcised or baptized people, to worship God in the purity of Or∣dinances, as they have been engaged thereto, which

was Iosia's practice, and the constraining of a people to engage and be baptized, which were not formerly engaged; because, actuall members of a Church have not even that liberty as others have, to abandon Ordinances: and this putteth them to no new engage∣ment in Religion, but presseth them to continue under former engagements, and accordingly to perform: Hence we see, that both in the Old and New Testa∣ment, Church-members have been put to many things, and restrained from many things, which had not been pertinent in the case of others. See, 2 Chron. 15. 13.

In the fourth place, there are many things also in their power, in reference to these that are seducers or deluders, or actually deluded, which might be and ought to be improven for the Churches good; (not to speak now of any thing that may infer civil or capi∣tall punishment, upon men for their opinions, or any way look like the enforcing of Religion upon con∣sciences) As, 1. Magistrates might and ought to put Ministers and Church-officers and others to their duty (in case they be negligent) in trying, discover∣ring, convincing, &c. such as by their corrupt do∣ctrine may hazard others. 2. They may and ought to discountenance such in their own persons, and, by their authority, inhibit them to vent any such thing; yea under certifications: yet this cannot be called a forcing of their conscience to any Religion, but is only the restraining of them from hurting of the con∣sciences of others. 3. When such certifications are contraveened, he may and ought to censure the con∣traveeners, and so he may by his authority put them in an incapacity of having accesse to infect others; yet this is not the censuring of a mans opinion, for he might possesse his opinion without censure, but it is the censuring of his disobedience, and the preju∣dice done by him to others: Nor is it the restraining of him from personall liberty, because of it, but be∣cause

he doth not, nor will not use his personall liber∣ty without prejudice to the whole body, which is to be preferred to him: even as a man, infected with the pestilence, ought justly to be restrained, though against his will; yet cannot that be accounted a re∣straint of just liberty; for, it is no just liberty to have liberty to hurt others. 4. They may and ought to destroy such books as they use to spread for the infe∣cting of others, and inhibit and stop printing of them, or actuall selling, spreading or transporting of them, as they may stop carrying of suspected or forbidden goods. 5. They may and ought to restrain idle and vagabound travelling of such suspected persons, with∣out representing of their necessary businesse to some, appointed for that effect, in which case their doing hurt by such a voyage, might be prevented, and they have a passe. Also, they might constrain them to follow some lawfull occupation, and to be diligent therein; both these are well consistent with ordering of a State, And yet it is such busie bodies (as the Apostle speaketh) and vagabonds, that go without their station, that often prove most hurtfull to the Church, and instrumentall to the devil, as being Apostles to him in such a businesse. 6. They may and ought to restrain and Censure all blasphemous and irreverent expressions and speaches against the Majesty of God and His Ordinances, and all calum∣nies and bitternesse against faithfull Ministers or Pro∣fessours that adhere to truth: for, these are moral sins; and blasphemy, calumny, and such like, are no more to be passed over without Censure in such, than in others who are not professedly tainted with errour: and the pretext of following light and conscience, can∣not make these sins tolerable, more than the Nicolai∣tans pretending the same for their committing adulte∣ry and other filthinesse: And this is not to punish mens opinions, or force their consciences, but to pu∣nish their vices, even such as have been hatefull unto,

and punished by, many naturall and heathen men▪ 7. They may and ought by their authority to cause them hear conferen es orderly and reverently, give answers discreetly, wait on their trial▪ and such like, before Ecclesiastick Assemblies. 8. They may and ought to make such incapable of publick places of trust, and remove them from such: Because, 1. they cannot be supposed to imploy their pow•…•…r singly. 2. Because such trust agreeth not to men and subjects as such, but are voluntarily conferred as tokens of respect put upon men eminently qualified, and as may be for the good of the Commonwealth: And there∣fore it cannot be justly accounted a marring of their liberty as men or subjects. Upon this ground was Maachah the mother of Asa removed from being Queen, or having any government, 1 King. 15. 13. 2 Chron. 15. 16. yet it cannot be said she was wrong∣ed when she was so dealt with.

In these steps mentioned, we have not aimed to lay down what might be done to the utmost in such a case, but what we suppose cannot be in reason denied by these of the widest principles in reference to this matter, if so be they degenerate not utterly to loos∣nesse.

If it be said, That it seemeth sufficient for the Ma∣igstrate* 1.1 to maintain civil peace, and to restrain civil disturbances: We may look to these considerations in answer to this, 1. This is no more than what Iulian did restrain, as the place cited before, cleareth; and certainly, he who ruleth for Christ▪ will no•…•… think his example a good pattern. 2. This is that which heathens do out of meer respect to themselves: and shall Christian Magistrates have no respect to Christ but to themselves? o•…•…, do no more for Christi∣anity▪ than heathens who owned it not? 3. Is i•…•… possible to separate growth in delusions and variety of absurd errours, and civil faction and discord? o•…•…, in experience have they ever been separated? We se•…•…

they made men carnall in Corinth, they made them bite and devour one another in Galatia, as, chap. 5. of that Epistle to them; yea, provoked to d•…•…bates, envying, wraths, strifes, back-bitings, whisperings, swellings, tumults, 2 Cor. 12. 20. and can such things be with the entertaining of civil peace? For, doth not the interruption of civil p•…•…ace, flow from hatred, bit∣ternesse, alienation of mind, envy contradictions, and such like? And do not these necessarily wait on del ates, and diversities of opinions? For, it is not to be •…•…upposed, that such differences, proc•…•…eding from want of light, can be in men that are altogether mortified, and without corruption: Therefore may it be expected, that that corruption will flam out up∣on such occasions; and that order is observable which the Apostle hath, 2 Cor. 12. just now cited, where he beginneth with debates, and proceedeth by diverse steps, till it close with tumults: and these who are ac∣quainted with the Histories of older and latter times, will acknowledge this to be a truth. 4. There is al∣most but very little in the foregoing particulars men∣tioned, but what is necessary for the preserving and restoring of civil peace, or the preventing or censur∣ing of the disturbance thereof, s•…•…ing there can be no solid ground whereupon to maintain peace, except the springs of debates and tumults be stopped, and such distempers from which they spring, be either cured and purged away, or restrained. 5. It may be considered in experience, if ever such a way hath done good to the Church, (whose divisions and of∣fences have often thereby come to an height) or to these that were seduced, seing thereby not only the tentation was armed against them, but they, at least, permitted to harden themselves therein, as in a thing not so gross to wise States-men, as some conceitie Mi∣nisters would make it to appear: O•…•… in the last place, it may be considered, if ever it hath done good to the State, wherein it was permitted, or to the Magistrates

who did permit the same; or, if thereby secret jea∣lousies, heart▪ burnings, divisions and factions have not been fostered and brought up to such height as hath proven dangerous to the body, and hath haz∣arded the eating out of the belly, where it was bred, or the stinging of the bosome that did give it heat.

Notes

• * 1.1

  It is not suf∣ficient to a Magistrate to maintain civil peace.