A free disputation against pretended liberty of conscience tending to resolve doubts moved by Mr. John Goodwin, John Baptist, Dr. Jer. Taylor, the Belgick Arminians, Socinians, and other authors contending for lawlesse liberty, or licentious toleration of sects and heresies. / By Samuel Rutherfurd professor of divinity in the University of St. Andrews.

Argument XI.

THose who are powers ordained of God, and a terror not to good workes but to evill; and Ministers of God for good, are revengers, and to execute wrath on evill doers, are Kings and su∣preame, or governours sent by the King for the punishment of evill doers, and for the praise of them that doe well, are to punish all false teachers, and such as ruine the soules of others, and waste the Church. But the King and all lawfull ••ulers, Parliaments, or others, are such, Rom. 13. 1, 2, 3, 4, 5, 6. 1 Pet. 13. 14. Tit. 3. 1. Matth. 22. 21. And false teachers are evill workers, evill doers, dogges, Phil. 3. 2. They rub the ••on∣tagion of their evill deeds upon others, for those that receive them into their houses, and bid them God speed, are par∣takers of their evill deeds, 2 Joh. ver. 10. 11. then must such teachers be evill doers, they subvert whole houses.

Divers answers to little purpose are given to this argu∣ment. As 1.* 1.1 It is against the wisdome of God in governing the World to make Magistrates judges of what is truth, and heresie, since the generallity of Magistrates, yea of men are ignorant thereof, and

uncapable in questions of doubtfull disputation. 2 Say that the Synod were equally divided, whether Presbytery or Independence be the way of God, or say the major part (which is ever the worst) determine amisse, what shall the Magistrate do? and the evill doer, Rom. 13. cannot be he that doth evill without limitation, or thinks evill, but pro subjecta materia. But he that doth evil, whereof ordinary Magistrates, heathen or Christian, are competent judges, which is manifestly of politicall con∣sideration, as that which is contrary to the light and law of nature, as whoredome, adultery, murther, theft, unjustice, sedition, treason.

Answ.* 1.2 1. This argument is against the wisdome of God in appointing Magistracy, as well as against us, for there be a world of questions of doubtfull disputation, what is according or what contrary to the light and law of nature, in murther, medicine, usury, polygamy, incest, marriage, contracts, false witnesse, and these are so controverted, yea and there be matters too hard in judgement for ordinary men, between blood and blood, plea and plea, stroake and stroake, Deut. 17. 12. no lesse then in matters of Religion, and to erre in taking the life of a guiltlesse man in any subject, is as great misgovernment as can be, though I dare not charge God with it, as the Objecter doth. 2. When the Holy Ghost forbiddeth the Master of every Christian family (and there must be a far larger number of heads of families then Christian Magistrates) to owne a hereticke as a guest, or to salute him, 2 Joh. 10. and com∣mandeth Christians not to eat with an Idolator, 1 Cor. 7. 11. to reject an heretick, Tit. 3. 10. to avoyd false teachers that creep into houses, 2 Tim. 3. 5, 6. and such as cause divisions contrary to the doctrine of the Gospel, Rom. 16. 17, 18. sure he suppo∣seth they have knowledge to judge what is error and here∣sie, what is truth, otherwise he commands us to turne our backs on such, as the blinde man casts his club. May not one say, This is against the wisdome of God in the govern∣ment of Christian families and societies to interpose our judgement in doubtsome disputations, to judge who is the hereticke, and to be avoyded,* 1.3 who is the sound beleever.

3. The uncapability, of Magistrates and most men to judge here, is the want of infallibility, such as the immedi∣ately inspired Prophets had, then its against the wisdome of God, that we try the spirits and doctrines, and beleeve them,

for if the generality of men, let alone Christian Magistrates▪ be uncapable of fundamentall truths, they cannot judge them to be truths, nor heresies, except they be infalibly, and immediately inspired by this argument; it is then against the wisdome of God to bid any beleeve the Gospel, but the Prophets and Apostles. 4. The Magistrate being a Christian, should see with his owne eyes, and judge the Presbytery worthy of his politicke sanction, and though Synods, di∣vide, or erre, the error and uncertainties of men, that are accidentall to all Ordinances, are no rule to Magistrates on earth; and by this reason, which hath as much force against preaching the Gospell as against the Christian Magistrates politicall judging, when Ministers are divided, and the e∣quall halfe or the major part preach Arrianisme, Socinianisme, Famil••••••e, &c. and the lesser number sound doctrine, the Objecter needs not aske, under which of their shadows shall the Ma∣gistrate repose for peace and safety? I inlarge the question, and let the Objecter answer, under which of their shadows shall all their hearers repose for faith and establishment in the truth? And I answer, call no man Rabbi, let Magistrates and others receive the truth in love, and let him answer, when foure hundred Prophets say to Achab, goe to Ramath Gilead▪ fight and prosper, and one Michajah saith, goe not left thou be kil∣led, under which shall Achab repose? shall then Achab heare the voice of the Lord in no Prophet, because foure hundred speake lyes? or shall not foure hundred Michajahs declare the minde of God to the Prince, because so many false Pro∣phets speake the contrary?

5.* 1.4 Its true, Ill-doers here must be such as Magistrates ge∣nerally may judge, but not all ill-doers, false Prophets, or the like, Magistrates as Magistrates, are to judge ill-doers, but it followes not that all Magistrates whether Heathen or Christian, are to judge all ill-doers, whether Gospel-sedu∣cing teachers or murtherers, for there wanteth a condition in heathen Magistrates, for the want whereof they cannot actually, and in the capacity of heathens, judge false tea∣chers, Arrians, Socinians, and the like, not because they are not essentially Magistrates as well as Christian Magistrates, but because they want the knowledge of the Gospell, even

as inferiour Judges are as essentially Judges in Israel, as the Priests and the great Sanedrim at Jerusalem, and may judge of their office between blood and blood, but if it be a con∣troversie too hard for them between blood and blood, and the party be willing to appeale, these inferiour Judges cannot actually judg that controversie, but it must go to the Sanedrim, Deut. 17. 12. 13. So a father as a father, whether heathen or Chri∣stian, and a Master of a family by his place (the like I say of a husband, a Tutor, a Doctor in their respective places) are by their place and relation to teach their children and servants the principles of the doctrine of the Gospel, by these pla∣ces, Gen. 18. 18, 19. Exod. 12. 26, 27. Ps. 78. 4, 5, 6, 7. Joel 1. 2. Prov. 4 3, 4, 5. Eph. 6. 4. 2 Tim. 3 14, 15. Deut. 6. 6. 7. yet while they are heathen fathers, and heathen masters, they neither can, nor are obliged actually to teach any thing of the Gos∣pel, they never hearing of the Gospel, are obleiged not to be∣leeve in a Christ of whom they never heard, Rom. 10. 14, 15, 16. and those that Christ was never preached to, are not con∣demned for Gospell-unbeliefe, Joh. 15. 22.

But for sinnes against the Law of nature, Rom. 2. 12. 13, 14, 15. Rom. 1. 19, 20, 21, 22. and the like must wee say of Judges whether heathen or Christian, though in the state of heathenish, they never having heard of Christ, freeth them from an obligation of actuall punishing Gospell hereticks, yet as Judges their office is to punish such, but neither heathen Princes, nor heathen fathers, masters, husbands, tutors, and teachers of Schooles, are obliged to an actual exercise of all and every Magistraticall, fatherly, masterly, maritall, and tutory Gospell-duties, toward their under∣lings and pupills, if they live in a Countrey where they are invincibly ignorant of the Gospell, if the Lord by no pro∣vidence send Preachers of the Gospell to them. And how shall they beleeve in him of whom they never heard? And how shall they judge hereticks sinning against a Gospell of which they never heard? Let no man stumble at this providence, God hath made the supreme Magistrate Judge of all mur∣thers, yet may this godly Prince, and the generality of men be ignorant, yea uncapable, at least most unfit to judge how a bloody Physitian tooke away the▪ life of such a childe by

this vegetable, or this herbe, or this syrrope, to the end his owne sonne might be heire; dare we say with this Objecter, therefore this providence in appointing such a godly Prince to be ••udge of murther, because he is not a skilled Physitian, is inconsistent with the wisdome and goodnes of God in the government of the world, the like instances I may give in thousands of the like cases, in which the Christian Judge may be ignorant. And I cannot dissemble, but it is a hard question how the Magistrate as a Magistrate, doth punish Gospel-hereticks, for so all Magistrates, even hea∣then Magistrates, who are invincibly ignorant of the Gos∣pel, in regard they never heard of the Gospel, should be ob∣liged to punish false-teachers, and Gospel-hereticks, which seems hard; for it is a sinne against the Magistraticall duty of an Indian Magistrate not to punish Gospel-hereticks?

Answ. It follows not; for nothing follows, but, its a sin in an Indian Prince, and he—sinneth against his Magistrati∣call office in that he punisheth not an Indian false-teacher, who teacheth against the Law of nature, because an Indian should not worship the Devill; but the Indian Ruler invin∣cibly ignorant of the Gospel, sinneth not against his office as a Magistrate, because he punisheth not a Gospel-hereticke, for he is not obliged to every Magistraticall act as a Magi∣strate, not to those of which he is invincibly and faultlessely ignorant, as an Indian husband and Master invincibly igno∣rant of the Gospel sinnes not against the duty of a husband and head of a family,* 1.5 though he teach not wife, children, and servants, the principles of the Gospel, which a Chri∣stian husband and head of a family is obliged to doe, not as a husband and head of a family simply, but as such a husband and head as heareth the Gospel, and so either hea∣reth and knoweth, or may heare these Gospel principles, if he were not thereof ignorant through his owne sinfull neglect.

Object. But the Magistrate as the Magistrate punisheth Gospel∣heretickes, ergo, All Magistrates, even heathen Magistrates faile against their Magistraticall duty, if they punish not Gospel-heretickes, and their ignorance cannot excuse them.

Answ. The Antecedent is not simply true, every Magistrate

as a Magistrate sinneth against his office, if he punish not some false teachers, if convened before him and convinced. But every Magistrate, as a Magistrate, punisheth not every he∣retick against the Gospell: but onely such a Magistrate as heareth the Gospell, punisheth such a Gospell Heretick. We say that Magistrates by vertue of their office make lawes for no transporting of monies out of England, but you cannot inferre that if Magistrates did this by their Magistraticall power, then Magistrates, as Magistrates; and so all Magi∣strates of India, and all Heathen Magistrates ought to make lawes that no mony bee transported out of England; it is no consequent at all, for though English Magistrates make such lawes by their Magistraticall power, yet they doe this as such Magistrates, not as Magistrates; thousands such wee may alleadge.

Object. How then doth the Magistrate, as the Magistrate serve Christ, Mediator in punishing Gospell hereticks, and bringing his Kingly honour to the new Jerusalem, and casting his Crowne downe at the feete of the Lambe?

Answ. The Magistrate, as the Magistrate (should wee speake accurately in such an intricate debate) doth not serve Christ as Mediator, for then all Magistrates, Heathen and Indian, were oblieged to serve him, as the axiome proveth. Quod convenit 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, convenit 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But the Ma∣gistrate, as such a Magistrate, lustred with Christianity pu∣nisheth Gospel Hereticks, and sinneth against his Magistrati∣call office if hee doe not so: for Christianity spiritualizeth the exercise of maritall, paternall, Magistraticall power, and elevates them above their common nature in Christian Husbands, Fathers, Magistrates, which it cannot do in all husbands, as husbands; fathers, as fathers; Magistrates, as Magistrates: even suppose they be heathens, Quod non ni est non operatur.

Object. But why then may not a Christian Magistrate, as a Christian, if not as a Magistrate be a Vicar of Christ?

Answ. 1. Because Christ as Mediator; hath no Vicars, nor sub-mediators, & so the Minister, or the Christian Magistrate as the Christian Magistrate, cannot be the Vicar of Christ.

2 Because the Christian Magistrate, as the Christian Ma∣gistrate,

and even lustered with Christianity, which is not in every Magistrate, yet operatur 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in externals and onely can as a Christian Magistrate proceed according as the heresie is proved by witnesse, or confessed, and obstinately maintained by the Heretick, and all this is externall, and doth but externally, and in external means promove the Churches spirituall good, and the mediatory Kingdome, and it is such a promoving as Christ may wel want, though ordinarily he cannot want pastors and teachers.

Quest. But doth not the Mediator Christ, as Mediator, promove his Mediatory Kingdome in, and through the Christian Prince, as his instrument, subordinate to him as Mediator?

Answ. Not at all, for Christ useth the Christian Migistrate as his servant to beat the wolves from the flock, but not as King, mediator as God-man, head of the Church, for Christ Mediator as Mediator, works not by externall vio∣lence, or, by the sword, in his mediatory Kingdome, Joh. 16, 36. If my Kingdome were of this World, mine owne would fight for mee. Ergo, it is but borrowed accidentall helpe and ser∣vice, that Christ hath in his mediatory Kingdome, from Kings, he workes not as Mediator by fighting. Christ who is Mediator qui est Mediator acteth by beleeving Kings, not quâ Mediator as he is Mediator, the sword may procure good and peace to the mystical visible body, and immunity from spirituall errors. But this is a meanes to Christ as Media∣tor in the by, and at some times, not such as is the mini∣stery of the word, 2 Cor. 10. 5. which is spiritual not carnal: though ministers be not sub-mediators, yet Christ as Medi∣ator workes and conquers in them, and by them. But I returne.

6 To say the text speakes of evill doers, which appertaines to the cognizance of the ordinary Magistrate (if it were not as or∣dinary to the Magistrate to be an understanding Christian as another man) is to begge the question, for we say, false teachers, wolves in sheeps skins, woorying the flock, which may be knowne by their works, as a fig••ree is known from a thistle, by its fruit, are such evill doers. The text and law distinguisheth not, and mentioneth no more murther∣ers then false teachers. Therefore the text meanes all evill

doers, that per••urbe humaine societies, as spirituall wolves and lyons that devoure the flocke, and those that thinke ill in their hearts, to all men of sound sense are punishable onely by him that knowes the heart, not by Judges.

7 To say the light, and law of nature is the Judges on∣ly compasse hee must sayl by, and that hee must punish no sinnes, but such as are against the law of nature. 1. It pulls the booke of the law of God, yea, the Bible out of the Kings hand, that containes greater deepes then the law of nature can reach, contrary to the word of God, Deut. 17. 18, 19, 20. Deut. 17. 10. 11, 12. For the King, as the King, should have the booke of the law with him on the throne, to be his rule, Deut. 17. 18. Josh. 1. 8. 2. This rule hinders not but the King and Ruler may judge ill doers so farre as the light, and law of nature will goe along with him. Yet the Objector will be unwilling the Ruler take away the head of a sedu∣cer, that should say, and teach men with Caligula, there is no God, Chance made all, and rules all: we want not such blas∣phemous impostors as these.

But (sayth the Objector) by him that doth evill,* 1.6 is not meant the spreading of errors or heresies. 1. They had no reason to feare the Magistrate spoken of here, Rom. 13. for spreading and publish∣ing the most orthodox truths, for they might without any danger at all from the Magistrate, here spoken of, have taught that the Roman Idols were true Gods. They had ten times more cause to be affraid of the power of publishing orthodox truths, as that there is but one God, and the Roman Gods are dumbe Idols, or speaking Devills. 2. That doing of evill, against which the Magistrate, here spoken of, IS THE MINISTER OF GOD to execute wrath, is opposed to that sub∣jection to higher powers. ver. 1. And of the same consideration with resisting of powers so sharpely reproved. Vers. 2. Then by it is on∣ly meant the doing of evill, which was prohibited by the Roman lawes and edicts: and no man resistes the power who lives in an orderly subjection and obedience to all their lawes, now the Romans in their lawes never forbad the publishing of errour and heresies in Religion, then doing of evill in spreading of heresies, can be no resisting of the Roman powers and lawes. Againe that doing evil, ver. 4. Is opposed to doing of good, ver. 3. Ʋnto which there is a pre∣mise

of a reward promised, even prayse from the magistrate. 〈◊〉〈◊〉 the doing of good, for which the Apostle undertakes, they shall have prayse from the Roman magistrate, was not the preaching and pub∣lishing the great and Orthodox truths of Christian Religion, yea, they were enemies to that good doing.

Answ.* 1.7 All these leane upon a castle beyond the moone, to wit, that Paul speakes, Rom. 13. of no powers but the Ro∣man Magistrate, and that hee is to bee obeyed at the onely minister of God, and then having layd this most false and vaine ground, he cryes out, O England, England make much of thy Scriptures, but take heed of the glosses of thy teachers. Which we may retort, but this is an impious glosse: For though Paul aymed at obedience to Magistrates, even to persecut∣ing Nero in things lawfull, because some then, as Anabaptists now, said the Gospell freed Christians from subjection and obedience to lawfull Magistracy. But I prove that the A∣postle speakes of the Magistrate, such as he is by Gods ap∣poyntment, and such as hee ought to bee, whither hee bee Heathen or Christian,* 1.8 and he speakes of a Magistrate in ge∣nerall. Now the Roman Emperor and Senate were not such powers in all their Government, Lawes and Edicts, as every soule should be subject unto. For they made lawes in acts of the second Table, and accordingly practised them, with violence and unjustice, to joyn not only house to house (but not being provoked by any wrong) Kingdome to Kingdome, the Isle of Brittain, and all the people of the world, and in that every soule (I conceive) ought to be subject to supperiour powers. If the Objector render this sense, let every soule on earth be subject to the Roman Emperor Nero, for he is the minister of God, for thy good, that is, for the good and peaceable Government of all and every one that hath soules, because hee would raise warre and tyrannically subject them all to him. We wish England to beware of such glosses.

2 Whatever people resisted the Roman Empire and their bloody Emperor Nero, and others, in all their bloody Edicts against innocent Christians, (for he is the Magistrate here spo∣ken of, sayth the Objector) they receive not damnation, not doe they resist the ordinance of God.

3. The Roman Emperour and Senate in their Laws and

Edicts, were a terror to good workes, not to evill, they rewarded those that persecuted and killed Christians, and those that shed the blood of innocent people that they might bee ty∣rannous conquerours of them; and made them comman∣ders in warre, and hyred them so to doe: then the Roman Magistrate as he actually governed, and made neither Law•• nor Edicts against spreading of errors and heresies cannot be the Magistrate here spoken of.

4. The Objector would be put in minde of the same Answer given to this place, and others of the New Testa∣ment by the Anabaptists, who say there is no warrant in the Old Testament, that Christians should bee Magistrates, because the use of the sword was then typicall and ceremo∣niall, and this, and all places of the New Testament doth command conquered Christians subjection to heathen Ma∣gistrates, and not to raise Armes against them, but warrants not Christians to take on them Magistracie, because heathens should not be our patterne, but the word of God.

5. Most false it is, and a begging of the question that evill doing is contracted and hampered in here, to subjection to the higher powers, that is, to the Roman Laws and Edicts onely; for it is opposed to the lawfull subjection due to the Parlia∣ment of England, and to the King of Britaine, and to all law∣full powers as well as to Roman Magistrates, as is cleare; for there is no power but of God, and the powers that be, are ordained of God; and Paul speaketh of all Magistrates, Christian and hea∣then, that are lawfull Magistrates, and commandeth subje∣ction to every power, Roman and Christian, in the Lord. What? Are there no powers ordained of God, but Roman Magistrates? Then may Anabaptists well say, wee owe not subjection to Christian Magistrates by this text, but onely to the Roman Magistrate, who made no Lawes against sprea∣ding of heresies, and when the Apostle faith, Let every soule bee subject to superiour powers,* 1.9 shall every soule, by this text, be sub∣ject to none but the Roman Magistrate? I am sure, the Re∣formed Churches, and all our Writers argue, that as many as have soules, Popes, Prelates, and Roman Clergy ought to be subject, by this text, to the good lawes of the Christi∣an Emperours, and that all men, none excepted, neither

Clergy (as they call them) nor others, but are obliged by this Scripture, and 1 Pet. 2. and Tit. 3. to give obedience and subjection to all lawfull Magistrates, heathen and Christian, and to their Lawes, and to pay tribute, and to be judged by them, whereas Papists plead exemption to Churchmen, and sure, if no doing of evill be prohibited here, and deserve the just vengeance of the Minister of God, but only such which was prohibited by the Roman Laws and Edicts, then must the Roman Laws and Edicts be as perfect as the word of God, for then the Romans Laws must command, reward and praise, all good that the Ruler or any power ordained of God doth com∣mand, this is most false, they did not command the saving of the lives of the innocent British in this Island, that never injured them, but commanded to kill them, they did not in their Laws command their under-Rulers, Pilate and others, to protect innocent Christians, to justifie and absolve Jesus Christ, but to condemn and murther them, though they gave all that was due to Caesar, and their Laws did not forbid all evill, that the Judges and Ministers of God are to execute wrath against, all murthering of innocent men in thou∣sands, and most unjust and bloody warres against Nations that never wronged them, and they forbad not the spread∣ing of errors and heresies against the Gospel that came to their eares, and made them that they had no cloake for their sinne, Joh. 15. 21, 22. for Paul brought the Gospel to them, and it is a begging of the question that the Roman Empe∣rours ought not to have made Laws against spreading of heresie, and they were a terror to those that preached the Gospel, and had their conversation among the Gentiles blamelessely; and so these Emperours did not as the Mini∣sters of God, ought to doe, nor would the Apostle under∣take or be surety for Nero, (the Objector undertakes for the text that in which the Holy Ghost will not bear him out) that he shall give praise and reward for well-doing, all the well∣doing that the text saith, the Minister of God, by his office, is to reward, the Roman Magistrate did abhorre and persecute, if the Apostle undertake those that doe well, shall have praise from the Roman Magistrate, if hee doe as a lawfull Magi∣strate, then cannot the text be meant of the Roman Magi∣strate

as he actually misgoverned and abused his power, for then hee was a terrour to those that preached orthodox truths, and worshipped dumbe Idols, and by Lawes and Edicts, honoured and rewarded heathen Priests that were not so good as Baals Chaplaines, and doth Paul undertake, if the Saints at Rome would turne Priests and servers of the Ro∣man Gods, that they should doe well, and have praise from the Ro∣man Magistrate? for by the Roman Law, the Roman Rulers were to reward and praise such as did well in this sense.

2. Nor doth Paul undertake they shall have praise from the Roman Magistrate, if they doe well according as the Ro∣man Lawes speakes of well-doing; for then Paul should un∣dertake they should have praise from the Roman Magistrate for that which is evill-doing, which Paul would never un∣dertake, because killing of innocent men in unjust warres to conquer and inslave free States by the Roman Lawes was well-doing, and praised and rewarded by their Laws as wel∣doing. But this was to Paul, and in it selfe evill-doing, and robbery, and makes the Holy Ghost to exhort to Romish, and falsely so called, well-doing.

Notes

• * 1.1

  So 〈◊〉〈◊〉. Good∣win, Hagio∣mastick.
• * 1.2

  The ignorance of the Christi∣an Magistrate in matters of Religion, no ground why by his office hee ought not to know so farre truth and fals∣hood as to pu∣nish heresies, published and spread.
• * 1.3

  Ordinary pro∣fessors may know who are hereticks and false teachers.
• * 1.4

  Magistrates as Magistrates cannot judge all evill do••••s, for heathen magistrates who never heard the Go∣spel cannot judge Gospel-hereticks.
• * 1.5

  How Christ taketh service of a Christian magistrate.
• * 1.6

  mr. ••o. Good∣win.
• * 1.7

  How M. Good∣win would e∣lude the place, Rom. 13. to prove that false teachers are not evill doers
• * 1.8

  Paul Rom. 13. speakes of ma∣gistrats in ge∣neral what they ought to be not of Ro∣man magi¦strates as they were then.
• * 1.9

  Roman well∣doing, and ill∣doing, not meant in this text.