A sermon preached to the Honourable House of Commons, in Parliament assembled: on January 31. A day of solemne humiliation. With a discourse about toleration, and the duty of the civill magistrate about religion, thereunto annexed. Humbly presented to them, and all peace-loving men of this nation. / By John Owen, pastor of the Church of Christ, which is at Coggeshall in Essex.

OF 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 on∣ly be, that 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 wher∣in 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 righte∣ous 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 sup∣ported, which I shall be necessitated to remove, and then in order assert the positive Truth, as to the substance of the busi∣nesse under contest: all in these ensuing observations.

1. Although the expressions of Toleration, and Non tolera∣tion wherewith the thing in controversie is vested, doe seeme

to 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 Affirma∣tive lyes fully on the other part: and so the weight of pro∣ving (which ofttimes is heavy) lyes on their shoulders. Though non-toleration sound like a negation, yet punishment, (which termes in this matter are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) is a deep Af∣firmation. 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 er∣rour: And yet this is the first argument to oppose it, produ∣ced in the late Testimony of the Reverend and learned Assem∣bly 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 For∣bearance. 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 with∣in his promise, so made our priviledge, which yet if not per∣formed, 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

publick 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 onely 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 vin∣dictive 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 dispu∣table consequences, no more then the other are. Let the Evi∣dence 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 Conces∣sions plead for Forbearance: It being a knowne and received Maxime, that the Gospell of Christ, clashes against no righ∣teous ordinance of man.

And this be spoken to the third Argument of the forenam∣ed Reverend persons from the Analogie of delinquencies a∣gainst the first and second Table.

4. The Plea for the punishment of Erring persons, from the penall constitution under the Old Testament against Ido∣laters (which in the next place is urged) seemes not very firme and convincing. The vast distance that is between Ido∣latry, and any Errors whatsoever, as meerly such, however pro∣pagated 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. Idolo∣latria est circa omne Idolum famulatus & servitus, Tertul. de Pol. The attendance and service of any Idoll. Idololatroe dicuntur

qui simulachri eam servitutem exhibent quae debetur Deo: Au∣gust 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 Je∣hovah 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 Fun∣damentals of Religion, maintained with stubbornnesse and per∣tinacy after Conviction (for the maine received by most Pro∣testant Divines) will be no way suited unto that, which was before given of Idolatry and is at commonly received; being in∣deed much more cleare, as shall be afterward declared. That this latter is proper and suitable to those Scripturall descripti∣ons, 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 defi∣nitions 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, con∣clude 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 Here∣ticks 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

then 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 iniqui∣ties before the faces of poore Heathens and Jewes, causing A∣verroes to breath out his soule, in this expression of that scan∣dall, 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 appre∣hension: 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 & conten∣ding 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 Baa∣lam, when he would have perswaded him to a deliberate curs∣ing 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 sen∣tenced 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 com∣passe 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.

If 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 Scrip∣ture is never taken in any place that I can remember,* 1.1 for a mans maintaining his owne Error,* 1.2 but for his reviling and speaking evill of the Truth which he receiveth not,* 1.3 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 preser∣vation of humane society, Quod tibi fieri non vis, alteri ne fe∣ceris; 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 Eng∣land esteemed of Morall equity, and perpetually indispensable; for if so, why doe Adulterers unmolested, behold the vio∣lent 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 inter∣vention of Repentance, as to the removall of his temporall pu∣nishment. 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. con∣cerning the running through of the false Prophet, more prove or approve of the punishment of death to be inflicted for misap∣prehensions 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

purpose, 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 (a 1.4 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 convin∣ced, obstinate or not obstinate, all is one, so it must be, thrust through, and slain by their Parents, must they fall to the ground; Onely observe, his Father and his Mother that begat him, must be made Magistrates, Prophets with uncleane spirits be turned into Hereticks, onely 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 spiri∣tuall 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 ea∣sie, 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, a∣gainst 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 wher∣of,

is 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 Argumenta∣tion from this place, as to the matter in hand, very intricate, obscure, and difficult. For,

1. The Person here spoken of, pretends an immediate Re∣velation 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 distempe∣red 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 onely 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 follow∣ing 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 punish∣ment whatsoever. (Now where God requires blood, is it al∣lowed to man, to Commute at an inferiour Rate?) So I con∣fesse

it is urged. But yet what lyes at the Bottome, in the Cham∣bers 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 sin∣fulnesse 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 punish∣ment then of erring Persons be urged from this place, all con∣sideration 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 Comman∣dement 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, be∣cause be sought to turne a man from Jehovah:

1. Is of force onely in this case of the object whereunto se∣duction tends; viz. strange gods, and no other.

2. Turning from Jehovah respects not any manner of back∣slyding 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 hinder∣ing 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

practise and acting in things of so high concernment. What may be allowed from the equity of those and the like Constitu∣tions, 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 ge∣nerall 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 Judica∣ture. For the Latter, it is either Personall or Ecclesiasticall, pro∣perly 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 sta∣tions, 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, dis∣prove 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 back∣ward in her defence. Precepts unto this as a duty, commendations of it, incouragements unto it, are very frequent in the Gospel. A∣like 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 socie∣ty, 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

many 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 ser∣vice 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 Pa∣ralogisme 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 Gos∣pel 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 prou∣dest 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 ci∣vill 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,

are 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 sup∣pose, 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 unquestiona∣ble, which also looses favourably on that side.

3. That Non-toleration makes out it selfe in positive infli∣ction 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 con∣trary to the whole end of their trust.

2. To the manner of handling this Question among per∣sons 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,

if both these contradictory assertions, be not imbraced. Now seeing that in it selfe, it is a thing wherein the Gospel is exceed∣ingly sparing, if not altogether silent, certainely there must be a further Interest, then of Judgement alone, or else that, ve∣ry 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: To∣leration 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 entertaine∣ment 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 Au∣thority, 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 ta∣ken from the Old Testament.

The Testimonies out of the Law which I can apprehend to

have any colour or appearance of strength in them, with the ex∣amples approved of God, that seem to look this way: I consi∣dered 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 pre∣sent, I desire to commend to the serious pondering of all Chri∣stians in generall, especially of those in Authority, these ensu∣ing considerations.

1. That it is no priviledge of truth, to furnish it's Assertors, with this perswasion, that the Dissenters from it, ought forcea∣bly 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 be∣sieged, (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;

from 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which it just∣ly 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 de∣clare 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 Reli∣gious Edicts.

And though we find not much, of the short-lived founder of the Grecian Dominion, yet what was the practice of the Bran∣ches 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 thou∣sands of Christians, and so not to be questioned, yet that it may appear, that we are not the onely 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.

First, then, they enacted it as a Law, that no religious wor∣ship should be admitted or practised, without the consent, de∣cree, 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 a∣mongst them, appeares in that advice given by Maecenas to Augustus in Dio Cassius: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 onely 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 socie∣ties; things no way conducing to Monarchies.

Hence doubtlesse was that opposition, which Paul met with∣all 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 Ma∣gistrates, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they received ma∣ny 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

one 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. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, it is not lawfull for us Romans to receive the Religion they hold out, because Sta∣tutes are made amongst us against all Religious worship not allowed by publique Authority. Let Calvin's short Annota∣tion on that place be seen. Gallio's refusing to judge between Jewes (as he thought) in a Jewish controversie, is no im∣peachment of this truth: had it been about any Roman esta∣blishment, he would quickly have interposed. Now this Law amongst them was doubtlesse, Fundi Christiani Cala∣mitas.

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 can∣not but referre, very many of those following Imperiall Con∣stitutions, 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 Esta∣blishment. 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,

and 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, confusio∣nem habet, &c It brings in confusion of Religion, and civill So∣ciety. The same is clearly held out, in that Counsell of Mae∣cenas to Augustus before mentioned. They (saith he) who in∣troduce 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 a∣bundantly testifie. All trouble was still ascribed to their Im∣piety, upon the first breaking out of any judgment, as though the cause of it had been the Toleration of Christians, pre∣sently 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 Cham∣pion Cardinall Bellarmine, fighting with these very weapons: Lib. de Laicis. cap. 21. And indeed, however illustrated, im∣proved, 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,* 1.5 not onely the denying and opposing their owne Deities, Religion, and Worship, but also, that, that which they embraced, was foolish, absurd, detestable, perni∣tious, sinfull, wicked, ruinous to Common••wealths, Cities, So∣ciety, Families, honesty, order, and the like. If a man should

goe about to delineat Christian Religion, by the Lines and features drawne thereof,* 1.6 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 Inscrip∣tion, DEUS CHRISTIANORUM ONONY∣CHITES. Being an Image with Asses eares, in a Gowne, Clawes or Talons upon one foot, with a Booke in his hand. Char∣ged 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 In∣cest, 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, vil∣lanies, 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 draw∣ing away of the Light by a Dogge tyed to the Candlestick, so to

make way for Adulteries and Incests: I have heard more then once, told with no small confidence, of Brownists and Puri∣tans. Hath not this very same course been taken in latter ages? Consult the Writings of Waldensis, and the rest of his Com∣panions, about Wickleffe and his Followers, see the occasion of his falling off from Rome, in our owne Chronicles, in Fa∣bian 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 Appea∣rance, 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 im∣brue 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 pu∣nishing for conscience sake, because in all Ages 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the worst of men have sate at the upper end of the World, for the most part, more false Worshippers, having hi∣therto enjoyed authority over others, then Followers of the Lambe, hath been pernicious, fatall, and dreadfull to the Pro∣fession and Professors of the Gospel, little, or not at all, ser∣viceable to the truth.

I have heard it averred, by a Reverend and Learned Perso∣nage, that more blood of Hereticks hath been shed by whole∣some 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

false 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 sun∣dry 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 per∣sons, 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 Magi∣strates interessing themselves in the Quarrell) was not car∣ryed out to Violence and Blood, before the severall perswasi∣ons, lighted on severall Dominions, and State Interests: As between the Goths, Vandals, and the rest of their Compani∣ons 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 Af∣fricke, where they persecuted the Catholicks, with horrible outrage and fury. Five thousand at one time barbarously ex∣posed 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; kil∣ling, burning, slaying, making havock of all Orthodox Pro∣fessors: Yea perhaps, that which he did, at least was done by the countenance of his Authority, at Alexandria upon the

placing 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, Ec∣cles. 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 onely 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 Ar∣rian 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 vpon 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 sub∣servient to the Dictates of the Pope, the Kings of the Earth giving their power to the Beast, (unto which point things had

been 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 extinguish∣ed 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 pro∣fession 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 An∣tichrist, 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 onely this, that the at∣tempt

to suppresse any Opinions whatsoever by Force, hath been for the most part fruitlesse; for either some few particu∣lar 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 innu∣merable, take one, which is boasted of, as a patterne of severi∣ty 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 a∣ny Authority, that might serve their owne Ends.) Now what was the issue thereof; Martinus a Catholick Bishop re∣nounces their Communion who did it: The Historian, that reports it, giving this censure of the whole, Sic pessimo exem∣plo, 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 ex∣tirpate 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

the 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 King∣dome, she had her head chopt off in England: History of Refor∣mation in Scotland. The Warres, Seditions, Tumults, Mur∣ders, 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 multi∣plyed, 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: Onely 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 inflict∣ing of punishment upon any, for Exorbitancies in things of Religion (upon what hath been said) the perpetuall coin∣cidence 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 de∣finition of Heresie is agreed on for the maine; onely the Pa∣pists place the Churches determination, where others thrust in the Hereticks conviction (a thing much more obscure to by∣standers 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, trou∣ble to the State, and the like not at all discrepant. The argu∣ments for the one, and other, for the most part the same. Looke what Reasons one Sect gives for the punishing of ano∣ther,

the 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 o∣ther 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 Autho∣rity: (as Salvian said the case was, between the Homoousians and Arrians in his time) and most of those enjoying authori∣ty, 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 Pro∣copij, 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 wri∣ting 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 erroni∣ous 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 Ma∣gistrate 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

Jesus Christ, made it effectuall. The Christians also of those dayes, disclaimed all thoughts of such proceedings. The ex∣pressions of the most Antient, as Policarpus, Ignatius, Iraenaeus, concerning Hereticks are sharpe and cutting: Their avoyding of them being admonished, precise and severe; their confuta∣tions 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 stub∣borne 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 a∣ny 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 pre∣sent 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 Juda∣isme and Paganisme was; saying, let us depart lest the build∣ing 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 an∣swer 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 kee∣nesse 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 Her∣mit 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

to signifie their minds therein; but truely their expressions hold out rather the quite contrary. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: 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 con∣currat, adimere libertatem religionis, & interdicere Optionem di∣vinitatis, ut non liceat mihi colere quem velim, sed cogar colere quem nolim. Nemose ab invito coli vellet, ne homo quidem: A∣pol. cap 23. And againe to Scopula the Governour of Carthage to disswade him from the Persecution he intended. Tamen hu∣mani juris & naturalis potestatis est unicuique quod putaverit colere: nec alii obest aut prodest alterius Religio: sed nec Religio∣nis est, cogere Religionem, quae sponte, suscipi debeat, non vi; cum & hostiae ab animo libenii expostulantus; ita & si nos compu∣leritis ad sacrificandum, nihil praestabi is diis vestris, ab invitis enim sacrificia non disiderabunt. And I desire to know, whe∣ther that which he maketh to be the Plea of Christians, may not also be used by all erring persons. Totum quod in nos po∣testis, 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 Lactan∣tius: 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 prae∣dicatio, 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

little 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 al∣most invaded the whole World.

Furthermore, by the wayes which were invented oft from the Rule, for the extirpation of Errors, when by the Insti∣gation 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 ob∣tained 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 Apprenti∣ship against the Saints: But he first suffers him, to exercise his hand against Hereticks, intending to make use of him after∣wards 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. Con∣stantine makes a Decree at first, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that Liberty of worship is not to be denyed, and there∣fore 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 Asso∣ciates, for the persecution of one another, what troubles in a

few 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 animo∣sities; 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 ad∣mirable to consider how those good Princes, Constantine and his Sonnes, were abused, misled, inraged, ingaged into mu∣tuall 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 Reli∣gion 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. Onely, for the following Imperiall Edicts and Constitutions in the behalfe of the faith Catholicke, and for the punishing of Erring Persons, I de∣sire to observe,

1. That the Emperours were stirred up to them, by Turbu∣lent 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, coun∣sells, that were not to be opposed or spoken against, when all of them were spent for the most part, about things quite be∣sides 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.

And yet notwithstanding all this (as I shall afterwards de∣clare) I cannot close with that counsell which Themistius a Philosopher gave to Valens the Emperour, and am most ab∣horrent from the Reason of his Counsell, viz. That he should let all Sects alone, because it was for the glory of God, to bee ho∣noured 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 misappre∣hensions of some truths of Christ, a sad consideration con∣cerning the End and Issue, which the Lord in his righteous Judgement hath in all Ages given to Persecutors and Persecu∣tion. 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 expro∣bration 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, I∣dem in Domit. Trajan by a resolution of his Joynts, nummed∣nesse 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 un∣der him, Plin. Epist. 97. which though commended by Eu∣sebius, Eccles. Hist. lib. 3. cap. 30. yet is canvassed by Tertul∣lian, 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 Soul∣diers, all crying out, That not a whelpe was to be left of so cursed a stock. Decius having reigned scarce two yeares, was slaine

with 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 Bro∣ther 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 Alexan∣dria in the time of Gallienus, was for its persecution, so wa∣sted with variety of destroying Plagues and Judgements, that the whole number of its Inhabitants, answered not the Gray∣headed 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, Ju∣lian, what excellent Emperours had they been, had they not been Persecutors. And all this sayes Tertullian is come to passe, that men might learne, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. He that desires to see more of this, let him consult, Tertull. Apol. & ad Scap. Eu∣seb. 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,* 1.7 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 onely shewed the weaknesse of those grounds,* 1.8 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 bot∣tomed, as tends to blood and death: What positively the Ci∣vill Magistrate, may, nay ought to doe, in the whole businesse

of 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 per∣sons 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, capa∣ble 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 revea∣led, 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 corrup∣tion of his darkened mind. Now that he is to make this in∣quiry, in reference to his calling, is evident from that of Da∣vid, 2 Sam. 23. 3. He that ruleth over men must be just, ruling in the feare of the Lord: This feare is onely 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 with∣out clouds, to his people, doubtlesse he will reveale himselfe to him, and teach him his mind, as he did David and Solo∣mon,

and other holy men of Old. And as to this, I shall one∣ly 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 be∣cause their hearts are lifted up within them, and so lye in an un∣teachable 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 in∣cumbent 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, e∣ven 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 participa∣tions of grace from God, the nature of true zeale for the glo∣ry and Name of the Lord, are a sufficient warrant for this, yea demand the performance of this duty. So Jehoshaphat be∣ing 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 Go∣vernour, 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 ap∣pointed, 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 vio∣lence, whatever. Jesus Christ, is the great King of Nations, as well as the holy King of Saints. His Gospell hath a right to

be preached in every Nation, and to every creature under hea∣ven. Who ever forbids or hinders the free passage of it, is not onely 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 privi∣ledges 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 pri∣viledge of those who do enjoy it, and of which they can∣not 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 Autho∣rity; 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,* 1.9 and declared as of right it ought to be, it is the duty of the Magistrate, by the power wherewith he is en∣trusted, 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 ap∣pointment, 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.

1. 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 cogni∣zance 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 or∣dinances as those enjoying the Rights of the Gospel have ob∣tained

to themselves, or shall come in their celebration of them, to cause disturbance, certainly, that Magistrate pro∣tects 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 Ma∣gistrate here also interpose? is not his assistance here abun∣dantly 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, incorrigi∣ble by any Rule among themselves. For instance, suppose, a person justly excommunicated, and ejected any society of Chri∣stians as to any spirituall communion, yet will with out∣ward 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 support∣ment in an usnall course of providence, and seeing that many to whom we have proved that the Gospel is to be decla∣red, 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 Chal∣cedon, cap. 6. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, let none be ordain∣ed 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

assert, 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 inheri∣tance, the utmost parts of the earth for his possession: Psal. 2. 8. Being also Lord of lords, and King of kings, acting nothing in ta∣king 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 com∣mitted 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,* 1.10 is the duty of the Christian Magistrate.

Protection as to peace and quietnesse,* 1.11 in the use of the ordinances, of the Lord Jesus Christ, from violent disturbers, either from with∣out, or within, is also incumbent on him.

Supportment and provision as to earthly things,* 1.12 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,* 1.13 mainte∣nance, allowance of publick places, and the like, in the behalf of persons deviating from the truth, in those things wherein they devi∣ate, is contrary to the rule of the Word, and duty of them in Autho∣rity. For,

Error hath neither right, nor promise, nor is any precept gi∣ven in the behalf thereof.

The defence and protection of erring persons,* 1.14 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,* 1.15 among the professors of the truth,* 1.16 cannot be proved to come under the cognizance of the Magi∣strate, he being to attend the worship which for the main is accept∣able 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 dis∣senters 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.

2. 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 oppo∣sition 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, Ac∣commodations and Declarations of those wayes. Of the first, I shall speak after∣wards.

By the second, I mean, all the outward attendencies of any false or erronious worship, which are either helps to, or de∣clarations 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 onely 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 pro∣viding. 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 Sommer∣set 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 accor∣ding to what he may do, but what he must do: Now it can∣not be his duty to further sin.

2. 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, Pre∣lates Service book. Now these are of two sorts.

1. Such things as in their whole use and nature, serve one∣ly 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 preach∣ing; 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 Rea∣son 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,* 1.17 as also to de∣molish all outward appearances and demonstrations of such super∣stitions, idolatrous and unacceptable service.

Let Papists who are Idolaters, and Socinians who are An∣thropolatrae, plead for themselves.

Now secondly for persons, there seems something more of difficulty, yet certain clear rules may be proposed concern∣ing them also, to hold out when they and their proceed∣ings 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

principles, in a disorderly manner to the disturbance of ci∣vill society, are doubtlesse under his restraining power, to be acted and put forth in such wayes as to other persons, run∣ning out into the same, or the like compasse of disorder, up∣on 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 Reli∣gion, we before rejected as a colour fitted chiefly for the wa∣ring of persecution. But actuall disturbances indeed, must have actuall restraints. For instance; If a man being perswa∣ded that the power of the Magistrate, is in Christian Reli∣gion, groundlesse, unwarrantable, unlawfull, should there∣upon stir up the people to the abolishing, and removall of that power, such stirrings up, and such actings upon that in∣stigation, are, as opposite to the Gospel of Christ (which op∣poseth no lawfull regiment among the sons of men) so also prejudiciall to humane society, and therefore to be proceed∣ed 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 murde∣rers, or theeves, or evill doers, or busie-bodies in other mens mat∣ters; which is a shamefull thing, no way commendable or praise worthy. 1 Pet. 4. 15.

2. If any persons whatsoever, under any pretence whatso∣ever, 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 ir∣regular 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

yet so deal with them, they are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and do pro∣nounce 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 onely 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 Per∣sia, I know not, but I am sure his discretion is not much extolled, who by that one fiery act of destroying 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 con∣cern the glory of God, and the minds of Christians in re∣verence 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 opini∣ons, shall not be content, so to have done, and also in all law∣full 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 abo∣minate, 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,

and 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 re∣proaches. Such expressions indeed differ not from those pier∣cing words of the holy name of God which he censured to death: Levit. 24. 15. but onely 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 1 Thes. 5. 14. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Act. 17. 5. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 2 Thes. 3. 2. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, 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 Se∣sostris 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

draw men to any vice or known sin, let them be twice pu∣nished, 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 forge∣ries 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 dark∣nesse, 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 con∣joyned into societies tessera pollutionis, and some assert that the like iniquities are not wholly buried, I made the suppo∣sition, 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 enormi∣ties against the light of nature, beyond all positive com∣mand of any pretended Religion whatsoever, that the Magistrate ought to set hedges of thornes in their wayes, sharpned according to their severall delinquencies; I sup∣pose 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 consider∣ed, 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 cogni∣zance

of 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 pro∣ceeded 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, produ∣ced 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 Re∣ligion 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) where∣in they differ from others. So that one way or other, all dis∣senters 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 funda∣mentall.

2. That the persons holding the error are convinced, when perhaps they have been onely 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 ex∣pelling of the contrary error, to me is strange. To be convin∣ced, is to be over-powred by the evidence of that, which be∣fore a man knew not; I my self, once knew a Scholer invited

to a Dispute with another man, about something in contro∣versie 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 main∣tained, 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 Dis∣pute 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 can∣not 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 convin∣ced. 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

annexed, be they obstinate or not, they shall be punished.

But now supposing all this, that we are clear in all funda∣mentals that we are convinced, that they are convinced, and doubt not but that they are obstinate, if they keep them∣selves in the former bounds, what is to be done? I say, be∣sides 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 Eccle∣siasticall 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 con∣cerning 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 for∣mer 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 ad∣judged 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 peo∣ple, 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

cause, proceed to punishment or censure of it, upon the judge∣ment 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, stand∣ing 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 de∣fault: 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.* 1.18 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 con∣cerning truth and error (I mean truths of the Gospel) a meer Chruch act? and that Church power, whereby it is effect∣ed? must not then the Magistrate quâ talis be a Church of∣ficer? will men of this minde, tolerate Erastianisme? 3ly, if there be a twofold judicature appointed for the same per∣son, for the same crime, is it not because one crime may in di∣vers respects fall under severall considerations? and must

not these considerations be preserved immixed, that the for∣mall 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 conside∣ration? 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 inter∣pose with his power. 4ly, if the Magistrate be Judge of spi∣rituall offences, and it be left to him to determine, and exe∣cute judgement in such proportion, as he shall think meet ac∣cording 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 testi∣monies, 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 Archi∣techtonicall power in his house, unto Magistrates, foreseeing of what sort the greatest number of them would be, yea de∣termining that they should be such, for the tryall and af∣fliction 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 Pa∣gans, 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.

2. Gospel constitutions in the case of heresie or error, seems not to favour any course of violence; I mean of civil penal∣ties. Foretold it is, that heresies must be, 1 Cor. 11. 19. but this, for the manifesting of those that are approved, not the destroy∣ing of those that are not; I say destroying, I mean with tem∣porall 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 onely the greatest, including all other arbitrary penalties, being but steps of walking to the utmost censures. Admonitions, and Excom∣munication 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 wait∣ing; 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 po∣sitive rule as to this whole businesse: occasion may be gi∣ven 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 promi∣ses, 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 illumina∣tion, means of communication of truth, nature of spiritu∣all 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

compell 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 practi∣sed, which God himself hath revealed, and requireth all men every where to embrace. What is to be done, for the set∣ling and establishing of the profession of the Gospel, and the right apprehension of the minde of God therein, contra-di∣stinct from all those false and erronious perswasions, which in these, or former dayes are, or have been held forth in op∣position 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 con∣sent 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 Go∣spel, nor communicate with him, in the worship, which by the Authority of those words, or that truth, he hath as be∣fore established, it is inquired what is the duty of the Ma∣gistrate in reference to the bringing of them into that sub∣jection 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 dif∣ficulty 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 Christi∣ans were under some orderly view, and men might be con∣fidered, 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 be∣ing 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

clear, 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 in∣to some form of wholsome words, that might be a discri∣minating 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 wri∣ters 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 dis∣puted, that I shall not powre out any of mine own con∣ceptions for the present about them, in that hasty tumul∣tuary manner, wherein I am enforced to expose this essay.

3. Those who dissent from the truth so owned, so establish∣ed, so decreed, do so, either in lesse matters of small conse∣quence,, and about things, generally confessed not funda∣mentall, 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 accor∣dingly.

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 pre∣serving the Rules and qualifications set down under the se∣cond head, the Magistrate hath no warrant from the Word

of 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 ido∣laters (for I must ingenuously confesse, all that which in my poore judgement looks with any appearance, of pres∣sing 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 un∣der contest now in this age of the world among Christi∣ans) 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 bo∣somes, to subject to, and close with, the things contrary to their present light and apprehension, (though under a pro∣mise 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 di∣recting principles.

What then shall be done,* 1.19 they'l say? they have been ad∣monished, rebuked, convinced, must they now be let alone?

Something as to this I shal adde,* 1.20 in the close of this dis∣course;

for 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 consci∣entia in eo foro non acquiescit, non enim potest conscientia sedari sine Spiritu sancto. Let controversies (saith he) be deter∣mined 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 dis∣sensionibus 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 be∣ing 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 enjoy∣ment of all civill rights and liberties; nor hath he either war∣rant, or allowance, to proceed against them, as to the least penalty for their dissent in those things, they cannot re∣ceive. Attempts for uniformity among Saints, or such as for ought we can conclude, either from their opinions or pra∣ctises 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

they have embraced: and untill that be done, all thoughts of drawing in their assent to that, from which at such a di∣stance they stand, is vain and bootlesse. Now what course is to be taken for the effecting of this? spirituall wayes of hea∣ling are known to all, let them be used, and in case they prove fruitlesse, for ought that yet I can perceive, the per∣son 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 onely 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 par∣doned: though I am heartily desirous any thing which passeth my pen, may be brought to the test, and my self re∣duced 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 Go∣spel hath received by the mutuall keen invectives of learned men: I hope the Lord will preserve me, from being enga∣ged 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 Tolera∣tion, which almost every where is spoken against, may be desired and required to a fair debate of the matter in diffe∣rence, 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.

Corol: 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.

Notes

• * 1.1

  Acts 26. 11.
• * 1.2

  Acts 18. 6.
• * 1.3

  1 Tim. 1. 13.
• a 1.4

  August. de util. creden. cap. 3. Thom. pp. q. 1 a. 10. Zanch. de SS. q. 12. cap. 2. reg. 10. Tilen. Syntag. Theol. de inter∣pret. S. thes. 8. Whitak. de. SS. qu. 5. cap. 2. Armin. disput. pri. Thes. 9. 1. Ames. Med. Theol. cap. 34. Thes. 22.
• * 1.5

  Profana illic omnia quae apud nos sacra rur∣sum concessa a∣pud illos quae nobis incesta.
• * 1.6

  Moses novos Ri∣tus contrarios∣que caeteris mor∣talibus indidit. Provectissima ad libidinem gens alienarum concubitum ab∣stenint inter se nihil illicitum. Tacitus, de Ju∣daeis Hist. l. 5. Judeos impulso∣re Chresto quo∣tidie tumultu∣ames, Roma ex pulit: fasly and foolishly, Suet. Claud. cap. 25. Quaesitissimis paenis afficiebat, quos per flagi∣tia invisos vul∣gus Christianos appellabat. Plu. Tac. An. lib. 15. afflicti supplici∣is Christiani, genus hominum superstitionis no∣vae ac Maleficae: Sueton. in Ne∣rone: cap. 16.
• * 1.7

  Ob.
• * 1.8

  Ans.
• * 1.9

  2 Pos.
• * 1.10

  3. Pos.
• * 1.11

  4 Pos.
• * 1.12

  5 Pos.
• * 1.13

  Con: 1.
• * 1.14

  Con: 2.
• * 1.15

  Con: 3.
• * 1.16

  For this cause the Emperors of old still al∣lowed the Novatians the liberty of worship.
• * 1.17

  6 Pos.
• * 1.18

  Of Iudge∣ments.
• * 1.19

  Qu:
• * 1.20

  Ans: