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in the supportment whereof the most of them continue labouring till this very day. Hæ manus Trojam exigent?* What may be added in this case, I refer to another opportunity.

2dly. Gospel constitutions in the case of heresy or error seems not to favour any course of violence, I mean of civil penalties. Foretold it is, that heresies must be; 1 Cor. xi. 19. but this for the manifesting of those that are approved, not the destroying of those that are not; I say destroying, I mean with temporal punishment, that I may add this by the way; for all the arguments produced for the punishment of heretics, holding out capital censures, and these being the tendance of all beginnings in this kind, I mention only the greatest, including all other arbitrary penalties, being but steps of walking to the utmost censures. Admonitions, and excommunication 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 acknowledgment of the truth.' Imprisoning, banishing, slaying, is scarcely a patient waiting. God doth not so wait upon unbelievers. Perhaps those who call for the sword on earth, are as unacquainted with their own spirits, as those that called for fire from heaven; Luke xi. And perhaps the parable of the tares gives in a positive rule as to this whole business: occasion may be given 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 trial. We hope that spiritual quiet, and inoffensiveness in the whole mountain of the Lord, which is wrapped up in the womb of many promises, will at length be brought forth to the joy of all the children of Sion.

3dly. Sundry other arguments taken from the nature of faith, heresy, liberty of conscience, the way of illumination, means of communication of truth, nature of spiritual things, pravitious tendance 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.

(2.) 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 compel 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 believed, and also practised, which God himself hath revealed, and requireth all men every where to embrace. What is to be done for the settling and establishing of the profession of the gospel, and the right apprehension of the mind of God therein, contradistinct from all those false and erroneous persuasions, which in these, or former days, or have been held forth in opposition 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 civil obedience to the magistrate, will not consent to sound doctrine, nor receive in some things (fewer or more, less or greater) that form of wholesome words, which he holds forth, and owns as the mind of Christ in the gospel, nor communicate with him in the worship, which by the authority of those words, or that truth, he hath as before established, it is inquired, What is the duty of the magistrate, in reference to the bringing of them into that subjection, which is due unto, and an acknowledgment 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 difficulty 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 Christians were under some orderly view, and men might be considered in their several capacities wherein they stand, an easy finger would untie the knot of this query. But being in that confusion wherein we are, gathering into any order being the great work in hand, I suppose, under favour, that the time is scarce come for the proposal of this question: but yet something may be given in unto it, though not so clear, as the former supposal being effected would cause it to be.

[2.] The constant practice of the churches in former ages,

in all their meetings for advice and counsel, to consent into some form of wholesome words, that might be a discriminating tessera' of their communion in doctrine, being used in prime antiquity, as is manifest in that ancient symbol, commonly esteemed apostolical, of the chief heads whereof mention in the like summary is made in the very first writers 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 mind 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 disputed, that I shall not pour out any of mine own conceptions for the present about them, in that hasty, tumultuary manner, wherein I am enforced to expose this essay.

[3.] Those who dissent from the truth so owned, so established, so decreed, do so either in less matters of small consequence, and about things generally confessed not fundamental; 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 accordingly.

1st. 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 preserving the rules and qualifications set down under the second 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 express a conscientious dissent; or to molest them with any civil penalty in case of refusal, 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 clamour of this nation is punctually as to this head: whatever 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 idolaters (for I must ingenuously confess, all that which in my poor judgment looks with any appearance of pressing toward Hæreticidium, is the everlasting equity of those judicial laws; and the arbitrariness 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 under contest now in this age of the world among Christians) 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 bosoms, to subject to, and close with the things contrary to their present light and apprehension (though under a promise of being taught of God), or to inflict penalties upon a refusal so to do? 'Credat Apella.'

Shall the examples of extraordinary judgments upon idolaters, false prophets, by sword and fire from heaven, on magicians, 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 directing principles.

What then shall be done, they will say? they have been admonished, rebuked, convinced, must they now be let alone?

Something as to this I shall add, in the close of this discourse; for the present let learned Whitaker answer for me. And first to the first, of their being confuted: 'Possunt quidem controversiæ ad externum forum deferri, et ibi desiniri; sed conscientia in eo foro non acquiescit, non enim potest conscientia sedari sine Spiritu sancto.' Let controversies (saith he) be determined how you please, until the conscience be quieted by the holy Spirit, there will be little peace. Unto which I shall not add any thing, considering

what I said before of conviction. And to the latter, of letting them alone to their own ways: Ecclesiæ quidem optatius est levibus quibusdam dissensionibus ad tempus agitari, quam in perfida pace acquiescere; non ergo sufficit aliquo modo pacem conservari, nisi illam esse sanctam pacem constiterit,' Whit. con. 4. de Rom. Pont. qu. 1. cap. 1. sect. 2. Better some trouble, than a perfidious compelled peace. See him handle this more at large, with some excellent conclusions to this purpose, Con. 4. de Rom. Pont. qu. 1. cap. 1. sect. 19. p. 48. et 50.

For these then (and under this head I compare all such persons, as keeping in practice within the bonds before laid forth do so far forth hold the foundation, as that neither by believing what is not, or disbelieving what indeed is, they do take in, or keep off, any such thing as wherewithal being 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 practice of those things wherein they dissent from the truth, so he is bound to protect them in peace and quietness, in the enjoyment of all civil rights and liberties; nor hath he either warrant or allowance to proceed against them, as to the least penalty, for their dissent in those things they cannot receive. Attempts for uniformity among saints, or such as for ought we can conclude, either from their opinions or practices may be so, by external force are purely antichristian.

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2dly. Now for those that stand at a greater distance from the publicly 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 until that be done, all thoughts of drawing in their assent to that, from which at such a distance they stand, is vain and bootless. Now what course is to be taken for the effecting of this? Spiritual ways of healing are known to all, let them be used, and in case they prove fruitless, for ought that yet I can perceive, the person of men so erring must be left in the state and condition we described under the second head.

And now to drive on this business any farther by way of contest I will not; my intention at the beginning was only

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