CERTAIN queries CONCERNING LIBERTY OF CONSCIENCE. PROPOUNDED To those Ministers( so called) of Leicestershire, when they first met to consult that Representation which they so privately framed, and yet afterwards so publicly fathered upon that County. By HENRY DANVERS, a Lover of Truth, and just Freedom. LONDON, Printed for GILES CALVERT, at the Black-spread-Eagle at the West end of Paul●. Certain queries concerning Liberty of Conscience, &c. Qu●re 1. WHETHER all civil States, with their Offices of Justice, in their respective constitutions and administrations, are not essentially civil; and how then Judges, Governors, or defenders of the spiritual and Christian State and Worship? Quere 2. If the power of judging( in sacris) is or ought to be in the Civil Magistrate( as some urge) Whether it will not necessary follow, that every Common-wealth must have radically and fundamentally a power in it of true discerning the true Worship and fear of God; which they must transfer unto the Magistrates and Officers( there being no lawful authority, which is not originally derived from the consent of the people) or else no lawful Kingdoms or Coasts in the world. But Christ saith expressly, John 18.46. My Kingdom is not of this world. Quere 3. If the Rulers of the earth are bound to put to death all that worship other Gods then the true God, or blaspheme him: Whether it will not unavoidably follow, that the Jew●, those people beloved for the Fathers sake, whose Religion itself blasphemeth Christ in the highest degree, are not all to be the Sons of death; on whom also are conferred so many glorious promises yet to be fulfilled? And also all the Towns, Kingdoms, and Nations in the world; if they do not speedily renounce their Gods and Worships, and so be made to cease blaspheming the true God by their Idolatries, must not all be put to death, and so turn the world out of the world? Quere 4. If the duty of Civil Magistrates to punish heretics, &c. then undoubtedly they have a right or power of judging: If so, then Queen Mary as well discharged her duty, as Queen Elizabeth, who judged and punished according to her Conscience, b●ing as lawful a Magistrate as the other; for an unbelieving Magistrate, Father, or Husband, is not less a Magistrate, Father, Husband, then one that believes: Though Christianity teacheth those to act in their several callings, to a higher ultimate end, from higher Principles, and in a more heavenly and spiritual manner. Quere 5. Whether they that would give the power of judging Consciences in the world, into the hand of the Civil Magistrate, doth not draw it from Moses, and the Jewish practices( and thereby deny Christ to be come in the flesh) though in the pattern itself it will not hold, for they judge! only them that were of the Church. Quere 6. Whether the equity of cutting off Idolaters, Blasphemers, &c. in the temporal Israel, remains not, and holds good in the Antetype, the Church of Christ, that spiritual Israel? And are there not also Gospel-rules to that purpose? But the Israel of old, as it meddled not with the world, so it typed out nothing to them: yet what was simply moral, civill, natural, in Israels state, in the constitutions, laws, punishments, may be imitated and followed in the places, Cities and Kingdoms of the world: Yea, who can question the lawfulness of other forms that differ in any Kingdom, since civil Constitution is mans Ordinance, 2 Pet. 2.23. Which Gods people are commanded, for Gods sake, to submit themselves to; which if they were not lawful, they ought not. Quere 7. Whether the taking the Kingdom of England for the Church of England, and so setting up the national Magistracy of Israel in the Nation now, as it was then; and so judging all impurenes, pans, adultery, idolatry, blasphemy, Sabbath-breaking, &c. as they did, may be warranted to us( one of the Nations of the world) by any Gospel-rule or Warrant. Quere 8. Whether the Rule the Apostle gives to families, in this case, will not hold in Common-wealths which are formed of them, 1 Cor. 7. To dwell with the Unbeliever and Infidel, if she be pleased to dwell with him; but to be so far from forcing the Conscience, that if she would depart for Conscience sake from him, she was not to be forced to tarry? Quere 9. Whether it be not one main ground of all the persecutions, strifes, wars and contentions, that are, or almost ever was, in the world, by instiling such a principle into the Civil Magistrate, that they ought to cut off Blasphemers and heretics; or at least those they should judge so to be? And therfore is it not now the practise of Scotland, France, Spain, Turks, &c ▪ to set up in each a Religion of their own? And they that dissent from it, are they not by the Magistrate condemned for the heretic? And hath it not been so in England from time to time? Were not the Protestants the Popes heretics; the Puritans or Non-Conformists there? And the Independents the Puritans heretics and schismatics? Was not our Saviour himself crucified upon this Account? The Disciples and Apostles all along suffering for the heretics of the times; and so the most blessed Saints and followers of Christ ever since: And are not most of the Wars now in the world grounded upon or for Religion ▪ Quere 10. Whether this principle is not more futable and agreeable with the Gospel, That Christ shed his blood for his bloodiest enemies; died for the chiefest sinners? Did not Paul himself aclowledge to have been a Blasphemer, 1 Tim. 1.13? Did not Christ himself, as much as in him lay, acquit the adulteress from the law? And for Idolaters, such were some of ye, 1 Cor. 6.11. And that he no way delights in the blood of any for whose sake and Kingdom men pretend to persecute; and therfore instructs, that all gentleness and meekness should be used to all men: Did not he tell his Disciples, when they would have had fire come down from Heaven upon those rejecters of him, that they knew not what spirit they were of? Doth not God denounce heavy curses against those that afflict or persecute the poor blasphemous jews? And how many several Scriptures commanding us not to judge one another? viz. Mat. 7.1. Judge not that you be not judged. Jam. 4.11. Who art thou that judgest another? Rom. 14.4. Who art thou that judgest another mans servant? Vers. 11. Why dost thou judge thy Brother, seeing we shall all stand before the judgement seat of Christ? Rom. 2.1. Thou art inexcusable, O man, whoever thou art that judgest; for wherein thou judgest another, thou condemnest thyself: Therfore judgement in soul and conscience, matters, as they are done to God, or against him, must he not be sole Judge thereof? And by reason of the imperfection of man, he is only to judge for himself: Though the judgement and censure of a true Church, according to the rules in the Gospel, is no way denied. Our Saviour tells them that persecute, That they fulfil the iniquity of their Fathers, and bring upon themselves all the unrighteous 'd shed from the beginning, even from the blood of the righteous Abel, &c. He saith, his people are sheep; Now we know that the nature of sheep is not to tear, bite or devour: tis the Wolves that have that disposition; they persecute the sheep: Therfore as we will evidence ourselves to be the sheep of Christ, let us put far from us persecution, under what notion or pretence soever. They made fair pretences in taking away the Prophets of old; as the seditious and disturbers; our Saviour himself as a Blasphemer; his Disciples and followers as movers of sedition, stirrers up of the people, and heretics. Obj. But it is asked, What shall be done then in case of blasphemy, and heresy? Answ. 1. In meekness instruct those that oppose, 2 Tim. 2.25. 2. By sound Doctrine exhort and convince the Gainsayers, so stoping their mouths. 3. Christ saith, Let them alone, the blind leader, and the blind, fellows. 4. You must use all patience; for what knowest thou but that a blasphemous and persecuting Saul, may become a preaching Paul? And therfore was the unbelieving Husband to continue with his Infidel and unbelieving Wife, because he knew not but that he might be a means to save her. 5. The offence is to God, who alone must take vengeance of ungodly sinners, that have spoken evil and hard speeches of him, judas 15. Who may, if it seem good in his sight, cut them off, as he did Ananias and Saphyra. Or what if he please to magnify his patience and long-suffering on them, though Vessels of wrath, it is for his praise. 6. There must be heresies among you, that the approved may be known. And again, In the last times evil men and seducers shall wax worse and worse, deceiving and being deceived. Obj. But asked again, Shall we( according to the Agreement) protect such as ●issent from it, though they be not disturbers of the public peace? Answ. Yes sure, being most agreeable to that command of our Saviours, As you would that men should do unto you, do ye the same to them, for this is according to the Law and the Prophets. Quere 11. Whether this spirit of judging, censuring and persecuting under these several pretences, as Heresy and Blasphemy, &c. hath not been most subject at all times to the Priesthood, as well those of old, as those that ever since that have pretended to it: And therfore should not they of all men take heed and beware of so dangerous a principle and practise? Quere 12. Whether there be not a great jealousy how the present. ecclesiastical interest and profits should be preserved, without the choicest power of the Magistrate to help it? Which if well observed, will it not make them appear to be less of God, and more of man? FINIS.