So the Question is _First_, _Whether the Civil Magistrate hath Power

to force Men in Things religious to do contrary to their Conscience;

and if they will not, to punish them in their Goods, Liberties, and

Lives?_ This we hold in the Negative. But _Secondly_, As we would

have the _Magistrate_ to avoid this Extreme of incroaching upon Men’s

Consciences, so on the other Hand we are far from joining with or

strengthening such _Libertines_ as would stretch the Liberty of their

Consciences to the Prejudice of their _Neighbours_, or to the Ruin of

_Human Society_. We understand therefore by _Matters of Conscience_

such as _immediately_ relate betwixt _God_ and _Man_, or _Men_ and

_Men_, that are under the same _Persuasion_, as to meet together and

worship God in that Way which they judge is most acceptable unto him,

and not to incroach upon, or seek to force their Neighbours, otherwise

than by Reason, or such other Means as Christ and his Apostles used,

_viz._ Preaching and instructing such as will hear and receive it; but

not at all for Men, under the Notion of Conscience, to do any Thing

contrary to the moral and perpetual Statutes generally acknowledged by

all _Christians_; in which Case the _Magistrate_ may very lawfully use

his Authority; as on those, who, under a Pretence of _Conscience_,

make it a Principle to kill and destroy all the Wicked, _id est_, all

that differ from them, that they, to wit, the _Saints_, may rule,

and who therefore seek to make all Things _common_, and would force

their Neighbours to share their Estates with them, and many such wild

Notions, as is reported of the _Anabaptists_ of _Munster_; which

evidently appears to proceed from Pride and Covetousness, and not

from Purity or Conscience; and therefore I have sufficiently guarded

against that in the latter Part of the _Proposition_. But the _Liberty_

we lay claim to is such as the _Primitive Church_ justly fought under

the _Heathen Emperors_, to wit, for Men of Sobriety, Honesty, and a

peaceable Conversation, to enjoy the Liberty and Exercise of their

_Conscience_ towards God and among themselves, and to admit among them

such as by their Persuasion and Influence come to be convinced of the

same _Truth_ with them, without being therefore molested by the Civil

Magistrate. _Thirdly_, Though we would not have Men hurt in their

Temporals, nor robbed of their Privileges as Men and Members of the

_Commonwealth_, because of their inward Persuasion; yet we are far

from judging that in the _Church of God_ there should not be Censures

exercised against such as fall into Error, as well as such as commit

open Evils; and therefore we believe it may be very lawful for a

_Christian Church_, if she find any of her Members fall into any Error,

after due Admonitions and Instructions according to _Gospel Order_, if

she find them pertinacious, to _cut them off_ from her Fellowship by

the _Sword of the Spirit_, and deprive them of those Privileges which

they had as Fellow-members; but not to cut them off from the World by

the _temporal Sword_, or rob them of their common Privileges as Men,

seeing they enjoy not these as Christians, or under such a Fellowship,

but as Men, and Members of the Creation. Hence _Chrysostom_ saith

well, (_de Anath._) _We must condemn and reprove the evil Doctrines

that proceed from _Hereticks_; but spare the Men, and pray for their

Salvation_.

§. II. But that no Man, by Virtue of any Power or Principality he hath

in the Government of this World, hath Power over the _Consciences of

Men_, is apparent, [Sidenote: _Conscience the Throne of God._] because

_the Conscience of Man is the Seat and Throne of God in him_, of which

God is the alone _proper_ and _infallible Judge_, who by his Power and

Spirit can alone rectify the Mistakes of _Conscience_, and therefore

hath reserved to himself the Power of punishing the Errors thereof as

he seeth meet. Now for the _Magistrate_ to assume this, is to take upon

him to meddle with Things not within the Compass of his Jurisdiction;

for if this were within the Compass of his Jurisdiction, he should be

the proper Judge in these Things; and also it were needful to him, as

an essential Qualification of his being a _Magistrate_, to be capable

to judge in them. But that the _Magistrate_, as a _Magistrate_, is

neither proper Judge in these Cases, nor yet that the Capacity so to

be is requisite in him as a _Magistrate_, our Adversaries cannot deny;

or else they must say, That all the _Heathen Magistrates_ were either

no _lawful Magistrates_, as wanting something essential to Magistracy,

and this were contrary to the express Doctrine of the Apostle, _Rom._

xiii. or else (which is more absurd) that those _Heathen Magistrates_

were proper Judges in Matters of _Conscience_ among Christians. As for

that Evasion that the _Magistrate_ ought to punish according to the

Church Censure and Determination, which is indeed no less than to make

the _Magistrate_ the _Church’s Hangman_, we shall have Occasion to

speak of it hereafter. But if the chief Members of the _Church_, though

ordained to inform, instruct, and reprove, are not to have Dominion

over the _Faith_ nor _Consciences_ of the Faithful, as the Apostle

expresly affirms, 2 _Cor._ i. 24. then far less ought they to usurp

this Dominion, or stir up the Magistrate to persecute and murder those

who cannot yield to them therein.

_Secondly_, This pretended Power of the _Magistrate_ is both contrary

unto, and inconsistent with the Nature of the _Gospel_, which is a

Thing altogether extrinsick to the Rule and Government of _political

States_, as Christ expresly signified, saying, His _Kingdom_ was _not

of this World_; and if the propagating of the _Gospel_ had had any

necessary Relation thereunto, then Christ had not said so. But he

abundantly hath shewn by his Example, whom we are chiefly to imitate

in Matters of that Nature, that it is by _Persuasion_ and the _Power of

God_, not by _Whips_, _Imprisonments_, _Banishments_, and _Murderings_,

that the Gospel is to be propagated; and that those that are the

Propagators of it are often to suffer by the Wicked, but never to cause

the Wicked to suffer. When he sends forth his Disciples, he tells them,

he sends them forth as [138]_Lambs among Wolves_, to be willing to be

_devoured_, not to _devour_: He tells them of their being _whipped_,

_imprisoned_, and _killed_ for their Conscience; but never that they

shall either _whip_, _imprison_, or _kill_: And indeed if _Christians_

must be as _Lambs_, it is not the Nature of _Lambs_ to destroy or

devour any. It serves nothing to allege, that in Christ’s and his

Apostles Times the _Magistrates_ were _Heathens_, and therefore Christ

and his Apostles, nor yet any of the Believers, being no _Magistrates_,

could not exercise the Power; because it cannot be denied but Christ,

being the _Son of God_, had a true Right to all _Kingdoms_, and was

_righteous Heir_ of the _Earth_. [139]_Next_, as to his _Power_, it

cannot be denied but he could, if he had seen meet, have called for

_Legions of Angels_ to defend him, and have forced the _Princes_ and

_Potentates_ of the Earth to be subject unto him, _Matt._ xxvi. 53. So

that it was only because it was contrary to the Nature of _Christ_’s

Gospel and Ministry to use any Force or Violence in the gathering of

Souls to him. This he abundantly expressed in his Reproof to the two

Sons of _Zebedee_, who would have been calling for _Fire from Heaven_

to burn those that refused to receive Christ: It is not to be doubted

but this was as great a Crime as now to be in an Error concerning the

Faith and Doctrine of Christ. That there was not Power wanting to have

punished those Refusers of _Christ_ cannot be doubted; for they that

could do other Miracles, might have done this also. And moreover, they

wanted not the Precedent of a holy Man under the Law, as did _Elias_;

yet we see what _Christ_ saith to them, _Ye know not what Spirit ye

are of_, Luke ix. 55. _For the Son of Man is not come to destroy

Men’s Lives, but to save them_. Here Christ shews that such Kind of

_Zeal_ was no Ways approved of him; and such as think to make Way for

_Christ_ or his _Gospel_ by this Means, do not understand what _Spirit

they are of_. But if it was not lawful to call for _Fire from Heaven_

to destroy such as refuse to receive Christ, it is far less lawful

to kindle _Fire upon Earth_ to destroy those that believe in Christ,

because they will not believe, nor can believe, as the Magistrates do,

for Conscience Sake. And if it was not lawful for the Apostles, who had

so large a Measure of the Spirit, and were so little liable to Mistake,

to force others to their Judgment, it can be far less lawful now for

Men, who as Experience declareth, and many of themselves confess,

are fallible, and often mistaken, to kill and destroy all such as

cannot, because otherwise persuaded in their Minds, judge and believe

in Matters of Conscience just as they do. And if it was not according

to the Wisdom of _Christ_, who was and is _King of Kings_, by outward

Force to constrain others to believe him or receive him, as being a

Thing inconsistent with the Nature of his _Ministry_ and _spiritual

Government_, do not they grosly offend him, who will needs be wiser

than he, and think to force Men against their Persuasion to conform to

their Doctrine and Worship? The Word of the Lord said, _Not by Power

and by Might, but by the Spirit of the Lord_, Zech. iv. 6. But these

say, _Not by the Spirit of the Lord, but by Might and carnal Power_.

The Apostle saith plainly, [140]_We wrestle not with Flesh and Blood_;

and _the Weapons of our Warfare are not carnal, but spiritual_: But

these Men will needs wrestle with Flesh and Blood, when they cannot

prevail with the Spirit and the Understanding; and not having spiritual

Weapons, go about with carnal Weapons to establish _Christ’s Kingdom_,

which they can never do: And therefore when the Matter is well sifted,

it is found to be more out of _Love to Self_, and from a Principle of

_Pride_ in Man to have all others to bow to him, than from the _Love

of God_. [141]Christ indeed takes another Method; for he saith, _He

will make his People a willing People in the Day of his Power_; but

these Men labour against Men’s Wills and Consciences, not by _Christ’s

Power_, but by the _outward Sword_, to make Men _the People of Christ_,

which they never can do, as shall hereafter be shewn.

[138] Matt. 10. 16.

[139] Matt. 28. 18.

[140] 2 Cor. 10. 4.

[141] Psal. 110. 3.

But _Thirdly_, Christ fully and plainly declareth to us his Sense in

this Matter in the Parable of the _Tares_, Matt. xiii. of which we

have himself the Interpreter, _Ver._ 38, 39, 40, 41. where he expounds

them to be the _Children of the Wicked One_, and yet he will not

have the Servants to meddle with them, lest they pull up the _Wheat_

therewith. Now it cannot be denied but _Hereticks_ are here included;

and although these Servants saw the _Tares_, and had a certain

Discerning of them; yet Christ would not they should meddle, lest

they should hurt the _Wheat_: Thereby intimating, That that Capacity

in Man _to be mistaken_, ought to be a Bridle upon him, to make him

wary in such Matters; and therefore, to prevent this Hurt, he gives a

positive Prohibition, _But he said, Nay_, Ver. 29. So that they who

will notwithstanding be pulling up that which they judge is _Tares_,

do openly declare, That they make no Scruple to break the _Commands of

Christ_. Miserable is that Evasion which some of our Adversaries use

here, in alleging these _Tares_ are meant of _Hypocrites_, and not of

_Hereticks_! But how to evince that, seeing _Hereticks_, as well as

_Hypocrites_, are _Children of the Wicked One_, they have not any Thing

but their own bare Affirmation, which is therefore justly rejected.

[Sidenote: Object.] If they say, _Because Hypocrites cannot be

discerned, but so may Hereticks_;

[Sidenote: _Answ._] This is both false and a begging of the Question.

For those that have a _spiritual Discerning_, can discern both

_Hypocrites_ and _Hereticks_; and those that want it, cannot certainly

discern either. Seeing the Question will arise, _Whether that is

a Heresy which the Magistrate saith is so_? And seeing it is both

possible, and confessed by all to have often fallen out, that some

_Magistrates_ have judged that _Heresy_ which was not, punishing Men

accordingly for _Truth_, instead of _Error_; there can be no Argument

drawn from the Obviousness or Evidence of _Heresy_, unless we should

conclude _Heresy_ could never be mistaken for _Truth_, nor _Truth_

for _Heresy_; whereof Experience shews daily the contrary, even among

Christians. But neither is this Shift applicable to this Place; for

the Servants did discern the _Tares_, and yet were liable to hurt the

_Wheat_, if they had offered to pull them up.

§. III. [Sidenote: Object.] But they object against this _Liberty of

Conscience_, Deut. xiii. 5. _Where false Prophets are appointed to be

put to Death; and accordingly they give Example thereof._

[Sidenote: _Answ._] The Case no Way holds parallel; those particular

Commands to the _Jews_, and Practices following upon them, are not a

Rule for _Christians_; else we might by the same Rule say, It were

lawful for us to borrow of our Neighbours their Goods, and so carry

them away, because the _Jews_ did so by _God’s Command_; or that it

is lawful for _Christians_ to invade their Neighbours Kingdoms, and

cut them all off without Mercy, because the _Jews_ did so to the

_Canaanites_, by the Command of God.

[Sidenote: Object.] If they urge, _That these Commands ought to stand,

except they be repealed in the Gospel_;

[Sidenote: _Answ._] I say, The Precepts and Practices of Christ and his

Apostles mentioned are a sufficient Repeal: For if we should plead,

That every Command given to the _Jews_ is binding upon us, except

there be a particular Repeal; then would it follow, That because it

was lawful for the _Jews_, if any Man killed one, for the nearest

Kindred presently to kill the Murderer, without any Order of Law, it

were lawful for us to do so likewise. And doth not this Command of

_Deut._ xiii. 9. openly order him who is enticed by another to forsake

the Lord, though it were his _Brother_, his _Son_, his _Daughter_,

or his _Wife_, presently to kill him or her? _Thou shalt surely kill

him, thy Hand shall be first upon him, to put him to Death._ If this

Command were to be followed there needed neither _Inquisition_ nor

_Magistrate_ to do the Business; and yet there is no Reason why they

should shuffle by this Part, and not the other; yea, to argue this Way

from the Practice among the _Jews_, were to overturn the very Gospel,

and to set up again the carnal Ordinances among the _Jews_, to pull

down the spiritual Ones of the _Gospel_. Indeed we can far better argue

from the _Analogy_ betwixt the _figurative_ and _carnal_ State of the

_Jews_, and the _real_ and _spiritual_ One under the Gospel; that _as

_Moses_ delivered the _Jews_ out of outward _Egypt_, by an outward

Force, and established them in an outward Kingdom, by destroying their

outward Enemies for them; so Christ, not by overcoming outwardly, and

killing others, but by suffering and being killed, doth deliver his

chosen ones, the inward _Jews_, out of mystical _Egypt_, destroying

their spiritual Enemies before them, and establishing among them

his spiritual Kingdom, which is not of this World. _And as_ such as

departed from the Fellowship of outward _Israel_ were to be cut off by

the outward Sword, so those that depart from the inward _Israel_ are

to be cut off by the Sword of the Spirit: _For it answers very well_,

That as the _Jews_ were to cut off their Enemies outwardly, in order to

establish their Kingdom and outward Worship, so they were to uphold it

the same Way: _But_ as the Kingdom and Gospel of Christ was not to be

established or propagated by cutting off or destroying the _Gentiles_,

but by persuading them, so neither is it to be upheld otherwise._

[Sidenote: Object.] But _Secondly_, they urge, _Rom._ xiii. where the

_Magistrate_ is said, _Not to bear the Sword in vain, because he is the

Minister of God, to execute Wrath upon such as do Evil_. _But Heresy_,

say they, _is Evil_. Ergo.

[Sidenote: _Answ._] But so is _Hypocrisy_ also; yet they confess he

ought not to punish that. Therefore this must be understood of _moral

Evils_, relative to Affairs betwixt Man and Man, not of Matters of

_Judgment_ or _Worship_; or else what great Absurdities would follow,

considering that _Paul_ wrote here to the _Church_ of _Rome_, which was

under the Government of _Nero_, an impious _Heathen_, and _Persecutor_

of the _Church_? Now if a Power to punish in Point of _Heresy_ be here

included, it will necessarily follow, That _Nero_ had this Power;

yea, and that he had it of God; for because the _Power_ was of God,

therefore the Apostle urges their Obedience. But can there be any Thing

more absurd, than to say that _Nero_ had Power to judge in such Cases?

Surely if _Christian Magistrates_ be not to punish for _Hypocrisy_,

because they cannot outwardly discern it; far less could _Nero_ punish

any Body for _Heresy_, which he was uncapable to discern. And if

_Nero_ had not Power to judge or punish in Point of _Heresy_, then

nothing can be urged from this Place; since all that is said here, is

spoken as applicable to _Nero_, with a particular Relation to whom it

was written. And if _Nero_ had such a Power, surely he was to exercise

it according to his Judgment and Conscience, and in doing thereof he

was not to be blamed; which is enough to justify him in his persecuting

of the Apostles, and murdering the Christians.

[Sidenote: Object.] _Thirdly_, They object that Saying of the Apostle

to the _Galatians_, v. 12. _I would they were even cut off which

trouble you_.

[Sidenote: _Answ._] But how this imports any more than a _Cutting off

from the Church_, is not, nor can be shewn. _Beza_ upon the Place

saith, _We cannot understand that otherwise than of Excommunication,

such as was that of the incestuous _Corinthian_. And indeed it is

Madness to suppose it otherwise; for _Paul_ would not have these

cut off otherwise than he did _Hymenæus_ and _Philetus_, who were

Blasphemers; which was by giving them over to Satan, not by cutting of

their Heads._

The same Way may be answered that other Argument, drawn from _Rev._

ii. 20. where the _Church of_ Thyatira _is reproved for suffering the

Woman_ Jezabel: Which can be no other Ways understood, than that they

did not _excommunicate_ her, or cut her off by a _Church Censure_.

For as to Corporal Punishment, it is known that at that Time the

_Christians_ had not Power to punish _Hereticks_ so, if they had had a

Mind to it.

[Sidenote: Object.] _Fourthly_, They allege, That _Heresies are

numbered among the Works of the Flesh_, Gal. v. 20. _Ergo_, &c.

[Sidenote: _Answ._] That _Magistrates_ have Power to punish all the

Works of the Flesh, is denied, and not yet proved. Every _Evil_ is a

Work of the Flesh, but every _Evil_ comes not under the Magistrate’s

Cognizance. Is not _Hypocrisy_ a Work of the Flesh, which our

Adversaries confess the Magistrates ought not to punish? Yea, are not

_Hatred_ and _Envy_ there mentioned as Works of the _Flesh_? And yet

the Magistrate cannot punish them, as they are in themselves, until

they exert themselves in other Acts which come under his Power. But so

long as _Heresy_ doth not exert itself in any Act destructive to _human

Society_, or such like Things, but is kept within the Sphere of those

Duties of _Doctrine_ or _Worship_ which stand betwixt a Man and God,

they no Ways come under the Magistrate’s Power.

§. IV. But _Secondly_, This Forcing of Men’s Consciences is contrary to

_sound Reason_, and the very _Law of Nature_. For Man’s Understanding

cannot be forced by all the Bodily Sufferings another Man can inflict

upon him, especially in Matters spiritual and supernatural: _It is

Argument, and evident Demonstration of Reason, together with the Power

of God reaching the Heart, that can change a Man’s Mind from one

Opinion to another, and not Knocks and Blows, and such like Things,

which may indeed destroy the Body, but never can inform the Soul,

which is a free Agent, and must either accept or reject Matters of

Opinion as they are borne in upon it by something proportioned to its

own Nature_. To seek to force Minds in any other Manner, is to deal

with Men as if they were Brutes, void of Understanding; and at last is

but to lose one’s Labour, and as the Proverb is, _To seek to wash the

Black-moor white_. By that Course indeed Men may be made _Hypocrites_,

but can never be made _Christians_; and surely the Products of such

_Compulsion_ (even where the End is obtained, to wit, an outward Assent

or Conformity, whether in _Doctrine_ or _Worship_) can be no Ways

acceptable to God, who desireth not any Sacrifice, except that which

cometh throughly from the Heart, and will have no constrained ones:

So that Men, by constraining Force, are so far from being Members of

the _Church_, that they are made ten Times more the Servants of Satan

than before; in that to their _Error_ is added _Hypocrisy_, the worst

of _Evils_ in Matters of Religion, and that which above all Things the

Lord’s Soul most abhors.

[Sidenote: Object.] But if it be said, _Their Error notwithstanding is

thereby suppressed, and the Scandal removed_;

[Sidenote: _Answ._] I _answer_, Besides that this is a Method no Ways

allowed by Christ, as is above proved, surely the Church can be no

Ways bettered by the Accession of _Hypocrites_, but greatly corrupted

and endangered; for open _Heresies_ Men may be aware of, and shun

such as profess them, when they are separated from the Church by her

Censures: But secret _Hypocrites_ may putrefy the Body, and leaven it,

ere Men be aware. And if the Dissenters prove resolute, and suffer

boldly for the Opinions they esteem right, Experience sheweth that such

Sufferings often tend to the Commendation of the Sufferers, but never

of the Persecutors. For such Suffering ordinarily breeds Compassion,

and begets a Curiosity in others to enquire the more diligently into

the Things for which they see Men _suffer_ such great _Losses_ so

boldly; and is also able to beget an Opinion, that it is for some Good

they do so suffer: It being no Ways probable that Men will venture all

merely to acquire Fame; which may as well be urged to detract from

the Reputation of all the _Martyrs_, unless some better Arguments be

brought against it than a _Halter_ or a _Faggot_. But supposing this

Principle, _That the Magistrate hath Power to force the Consciences

of his Subjects, and to punish them if they will not comply_, very

great Inconveniences and Absurdities will follow, and even such as are

inconsistent with the Nature of the _Christian Religion_.

For _First_, It will naturally follow, That the Magistrate ought to do

it, and sinneth by Omission of his Duty, if he do it not. Will it not

then hence be inferred that Christ was defective to his Church, who

having Power to force Men, and to call for _Legions of Angels_ so to

do, did notwithstanding not exert that Power, but left his Church to

the Mercy of the Wicked, without so necessary a Bulwark?

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