The necessity of TOLERATION In matters of RELIGION, OR, Certain QUESTIONS propounded to the Synod, tending to prove that Corporal punishments ought not to be inflicted upon such as hold Errors in Religion, and that in matters of Religion, men ought not to be compelled, but have liberty and freedom. Here is also the copy of the Edict of the Emperor's Constantinus and Licinius, and containing the Reasons that enforced them to grant unto all men liberty to choose, and follow what Religion they thought best. Also here is the faith of the Assembly of Divines, as it was taken out of the exactest Copy of their practice, with the non-conformists answer why they cannot receive and submit to the said faith. For such are false Apostles, deceitful workers, transforming themselves into the Apostles of Christ, and no marvel, for Satan himself is transformed into an angel of light: therefor●●t is no great thing if his Ministers also be transformed as the Ministers of Righteousness, whose end shall be according to their works. 2 Cor. 11. 13, 14, 15. Ye are bought with a price, be not the Servants of men, 1 Cor 7. 23. Ye suffer fools gladly, 2 Cor. 11. 19 First peruse, then refuse, By Samuel Richardson. Where Romish Tyranny hath the upper hand, Darkness of mind, and superstition stand. London printed in the year of jubilee 1647. A Copy of the IMPERIAL CONSTITUTION OF Constantinus and Licinius, Containing the Reasons that moved them to grant unto all their Subjects free Liberty in matters of Religion, which is worthy the view, and consideration of all men, especially those in Authority. NOt long ago we weighed with ourselves, that the Liberty and Freedom of Religion ought not in any cause to be prohibited; Euseb. lib. 10. cap. 5. but that free leave ought to be given to every man, to do therein, according to his will and mind. We have given Commandment to all men to qualify matters of Religion, as they themselves thought good, and that also the Christians should keep the opinions and Faith of their Religion; but because that many, and sundry opinions by the same, Our first Licence, spring, and increase through such liberty granted, we thought good manifestly to add thereunto, and make plain such things, whereby perchance some of them in time to come, may from such their observance be let, or hindered; when therefore by prosperous success, I Constantinus Augustus, and Licinius Augustus came to Mediolanum, and there sat in Counsel upon such things as served for the utility and profit of the Common-weal; these things amongst others we thought would be beneficial to all men, yea, & before all other things we purposed to establish those things wherein the true Reverence and worship of God is comprehended, that is, to give unto Christians free choice to follow what Religion they think good, and whereby the same sincerity and Celestial grace which is in every place received may also be embraced and accepted of all our loving Subjects: According therefore unto this our pleasure upon good advisement, and sound judgement, ☞ We have decreed, that no man so hardly be denied to choose, and follow the Christian mind, to what Religion he thinketh meet himself, whereby God may perform upon us, all his accustomed care and goodness; to the intent therefore, you might know that this is our pleasure. We thought it necessary to write this unto you, whereby all such errors and opinions being removed, which in our former Letters (being sent unto you in the behalf of the Christians) are contained, and which seem very indiscreet, and contrary to our clemency, may be made frustrate & annihilate. ☞ Now therefore firmly, and freely, we will and command, that every man have a free Liberty to observe the Christian Religion, and that without any grief, or molestation, he may be suffered to do the same: These things have we thought good to signify unto you by as plain words as we may, that we have given to the Christians free and absolute power to keep and use their Religion, and for so much as this Liberty is absolutely given of us unto them to use and exercise their former observance, if any be disposed, it is manifest that the same helpeth much to establish the public tranquillity of our lives; every man to have licence, and liberty to use, and choose what kind of worshipping he list himself; and this is done of us only for the intent that we should have no man to be enforced to one Religion more than another: And this thing also amongst others we have provided for the Christians, that they may have again the possession of such places, in which heretofore they have been accustomed to make their Assemblies: So that if any have bought or purchased the same, either of us, or of any other, the same places, without either money or other recompense, forthwith, and without delay, We will to be re-restored again to the said Christians: and if any man have obtained the same by gift from us and shall require any recompense to be made to them in that behalf, then let the Christians repair to the Precedent (being the judge appointed for that place) that consideration may be had of those men by our benignity, all which things we will and command that you see to be given, and restored freely, and with diligence unto the society of the Christians, all delay set apart, and because the Christians themselves are understood to have had not only those places wherein they were accustomed to resort together, but certain other peculiar places also, not being private to any one man, but belonging to the right of their Congregation and society; you shall see also all those to be restored to the Christians, that is to say, to every fellowship and company of them, according to the decree, whereof we have made mention, all delay set apart: provided, that the order we have taken in the mean time be observed, that if any (taking no recompense) shall restore the same lands and possessions, they shall not mistrust but be sure to be saved harmless by us; in all these things, it shall be your part to imply your diligence in the behalf of the aforesaid company of the Christians, whereby this our Commandment may speedily be accomplished, and also in this cause by our clemency, ☞ the Common and public peace may be preserved; for undoubtedly by this means, as before we have said, the good will and favour of God towards us (where of in many causes we have had good experience) shall always continue with us: And to the intent, that this our Constitution may be notified to all men; it shall be requisite, that the Copy of these our Letters be set up in all places that men may read and know the same, lest any should be ignorant thereof. So also Maximinus the Emperor after he had persecuted the Christians, sent forth his Edict to the contrary, That all men should have liberty to use what Religion they like best, seeing that before that time upon that occasion, that Dioclesianus and Maximinianus our Progenitors, commanded the Assemblies and meetings of Christians to be cut off, so that there were many of them spoiled and rob; Euseb. ilb. 9 cap. 10. Fix. Act Mo●ib. 1 pag. 113. lest our Subjects should be spoiled of their goods and sustance, which thing chiffly to prevent, is our only endeavour, etc. which thing was very well taken, and highly allowed of the Romans, and wisemen. By reason of these Edicts, great tranquillity followed, and long continued persecution ceased: so as Fox declares, that the Church continued without any open slaughter for a thousand years together, till Anno 1300. and the burning of john Huss, and jeremy of Prague for Heretics by the Counsel of Constance, caused the Bohemians to raise an Army against the Authors of their death: and God was so with the Bohemian Army under Zisca, that they always Conquered, so that God hath caused much evil to come upon them, who have compelled men in matters of Religion. That Religion ought to be free; 1. Because it is God's way, to have Religion free, and only to flow from an inward principle of Faith and love; neither would God be worshipped of unwilling Worshippers, joh. 4. 4. 2. It is God's Prerogative only to force to Religion by working Faith in men's hearts, for though Religion be natural, yet true Religion is supernatural, and proceeds from the Spirit of God. 3. Because, the end why God hath a Church, is, that he might have a people separated from others in the world, to glorify him in a holy conversation, to the convincing of those that are out of the Church; therefore there must be a world, before whom the Church must walk, to whom such as walk disorderly, are to be cast by Excommunication, and the Church is to wait for their Repentance. 4. Because, if there should be an established Law for all persons to submit unto, it would tend to the wounding of the souls, and undoing the bodies of very many, that could not submit to any one way, because their judgements so much differ: also if there should be any defect in the established Law, as it is possible to be (as we know by woeful experience) the godly shall suffer oppression for conscience of the truth against that defect by the execution of that Law, which I suppose would be a grief to honest hearts, seeing we find, that when Laws are made concerning Religion, such as make conscience are catched, as Daniel, and the three children were. 5. Because it is the best for the public peace to give every one content, for if there be set up an Order in Religion for a Law, and thereby please one sort of people, another sort will be displeased, who, it may be, have as many good reasons for that they would have, as the others; and such as like not a Toleration, it is to be feared, they are not rightly principled themselves, and so are not competent Judges. And as for those who think otherways, I desire they would seriously consider, and answer these questions by the Scriptures. Questions propounded to the Synod, and all honest hearted, and conscientious people, whether Corporal punishments ought to be inflicted upon such as hold Errors in Religion. QUEST. 1. WHether corporal punishment can open blind eyes, and give light to dark understandings? 2. Whether carnal punishments can produce any more than a carnal repentance and obedience? 3. Whether the destroying of men's bodies for errors, be not a means to prevent their conversion; seeing some are not called until the eleventh hour: and if they should be cut off for their errors the seventh, how should they come in? Mat. 20. 6. 4. Whether those who would force other men's consciences, be willing to have their own forced? 5. Whether it be wisdom and safe to make such sole Judges in matters of Religion, who are not infallible, but as liable to err as others? 6. If a Father, or Magistrate have not power to force a virgin to marry one she cannot love; whether they have power to force one where they cannot believe, against the light and checks of their own consciences? 7. Whether the Scripture makes the Magistrate judge of our faith. 8. If the Magistrate may determine what is truth; whether we must not believe, and live by the Magistrate's faith, and change our Religion at their pleasures? And if nothing must be preached, nor printed, nor allowed to pass, unless certain men please to approve, and give their allowance thereto, under their honds; whether such do not by this practice, tell God, that unless he will reveal his truth first to them, they will not suffer it to be published, and so not to be known, and whether the Licencer setting his hand to the book to licence it, (he being a Priest by his ordination and from the Pope) be not the mark of the Beast, spoken of Revel. 13. 17? And whether it be not worse than any of our former Patents before the Parliament: is not this a Spiritual wickedness in high places which strikes at the truth: are they fit to be Licencers of the truth, who when the truth hath been tendered to be licenced, they have confessed the truth of it, as they have been free to licence it; but refused, because they durst not? And whether it can be made appear, that Gon hath revealed his truth first to these Ministers of England, and so the first spreaders of it? Instance who opposed the Prelates, the Ministers, or the people; first? And so of the rest. 9 Whether it be not the command of Christ, that the tares (those that walk in lies) and the wheat (those that walk in the truth) should be let alone; and the blind (led in a false Religion) which are offended at the declaring of the truth, should be let alone? Mat. 13. 30. 38. Mat. 15. 15. 10. Whether he was not reproved, that would have fire from heaven to devour those that reject Christ, Luke 9 54. 55. 11. Whether the servants of the Lord are not forbidden to strive, but to be gentle towards all? 2 Tim 4. 2. 12 Whether the Saints weapons against errors, be carnal or no? 2 Cor. 10. 4. 13 Whether it was not Christ's command, that his Disciples when they were persecuted, they should pray; & if cursed, bless? 14. Whether the Scriptures declare, that the Saint should persecute others, and whether the gentle lambs of Christ will or can serve the Wolves so, seeing he sent his as sheep among wolves, and not as wolves among sheep, to kill and imprison, Matth. 10. 16. 15. Whether Christ hath said, He will have an unwilling people compelled to serve him? 16. Whether ever God did plant his Church by violence and bloodshed? 17. Whether tares may not become wheat, and the blind see, and those that now oppose and resist Christ, afterwards receive him: and he that is now in the Devil's snare, may get out, and come to repentance: and such as are idolaters, as the Corinthians were, may become true worshippers, as they that are strangers may become God's people? 18. Whether to convert an heretic, and to cast out unclean spirits, be done any other way then by the finger of God, by the mighty power of the Spirit in the word? 19 Whether he that is not conformable to Christ, may not at the same time be a good subject to the State, and as profitable to it? 20. Whether men that differ in Religion, may not be tolerated, seeing Abraham abode among the Canaanites along time; yet contrary to them in religion, Genes. 13. 7. & 16. 13. and he sojourned in Gezer, and King Abimelech gave him leave to abide in his land, Gen. 20. 21, 23, 24. And Isaac dwelled in the same land, yet contrary in Religion Gen. 31. The people of Israel were about 430. years in Egypt, and afterwards in Babylon, all which time they differed in Religion from the State, Exod. 12. 2 Chron. 36. Christ and his Disciples differed from the common Religion of the State, Acts 19 20. and when the enemies of the truth raised up any tumults, the wisdom of the Magistrate most wisely appeased them, Acts 18. 14, and 19 15. 21. Whether it be not better for us, that a patent were granted to monopolise all the corn and cloth, and to have it measured out unto us at their price & pleasure, (which yet were intolerable) as for some men to appoint and measure out unto us what and how much we shall believe and practise in matters of Religion. 22. Whether there be not the same reason that they should be appointed by us what they shall believe and practise in Religion, as for them to do so to us, seeing we can give as good grounds for what what we believe and practice (as they can do for what they would have) if not better. 23. Whether men heretofore have not in zeal for Religion, persecuted the Son of God, in stead of the son of perdition? 24. Whether it is not a burden great enough for the Magistrate to govern and judge in civil causes, to preserve the subject's rights, peace and safety? 25. If the Magistrate must judge and punish in matters of Religion, the Magistrate must evet be troubled with such persons and such causes: and if after his conscience be convinced, he had no such power, or see that it was truth he punished; what horrors of conscience is he like to possess? 26. Whether he is fit to appoint punishments, that is not fit to judge? 27. If the Magistrate must punish errors in Religion, whether it doth not impose a necessity that the Magistrate is to have a certainty of knowledge in all intricate cases? and whether God calls such to that place, whom he hath not furnished with abilities for that place? And if a Magistrate be in darkness, and spiritually blind, and dead; be fit to judge of light, of truth and error? and whether such be fit for the place of the Magistracy? then whether it be not a scruple to a tender conscience to submit to such in civil causes because not appointed to that place by God? whereas if the Magistrate's power be only civil, the doubt is resolved, because such as may be fit for Magistrates, and men ought in conscience in civil things to submit unto them, so fit as their commands are good. Rom. 13. 28. Whether there be any Scripture that saith, that any man's Conscience is to be constrained, and whether the Magistrate can reach men's consciences; and whether he be fit to make a law to conscience, who cannot know when conscience keeps it, and that cannot reward conscience for keeping it, nor punish the conscience for the breaking of it? 29. Whether it be not in vain for us to have Bibles in English, if contrary to our understanding of them, we must believe as the Church believes, whether it be right or wrong? 30. Whether the Magistrate be not wronged, to give him the Title of Civil Magistrate only, if his power be spiritual? 31. Whether laws made merely concerning spiritual things, be not spiritual also? 32. Whether if no civil Law be broken, the civil peace be hurt or no? 33. Whether in compulsion for conscience, not only the guilty, but the innocent suffer also? As if the husband be an Heritick, his sufferings may cause the innocent wife and children shall suffer also? 34. Whether such as are spiritually dead, be capable to be spiritually infected? 35. Whether God will accept of a painted Sepulchre, a shadow, a mere compliment of obedience, when the heart is dead and rotten, and hates God, and all that is good? God hath no need of hypocrites; much less of forced ones: God will have those to worship him as can worship him in spirit & truth, john 4. 36. Whether the Scriptures appoint any other punishment to be inflicted upon Heriticks, than rejection and excommunication? Tit. 3. 10. 37. Whether freedom of conscience would not join all sorts of persons to the Magistrate, because each shared in the benefit? 38. Whether those States (as the Low-Countries,) who grant such liberty, do not live quietly, and flourish in great prosperity? 39 Whether persecution for conscience do not harden men in their way, and make them cry out of oppression & tyranny. 40. Whether some Corporal punishments would not make thousands in England face about to Popery, as it did in Queen Mary's time? 41. Whether laws made concerning Religion, have not always catched the most holy men; witness Daniel and the three Children: the rest will be of what Religion you will. 42. Whether the Saints crave the help of the powers of this world to bring Christ to them, or fear their powers to keep him from them? 43. If no Religion is to be practised, but that which the Commonwealth shall approve on: what if they will approve of no Religion? shall men have no Religion at all? 44. Whether the Saints ought not to continue their Assemblies of their worship of God, without, or against the consent of the Magistrates; they being commanded to do so, Mal. 28. 18, 19, 20. Heb. 10. 25. By an Angel from God, Acts 5. 20. It was the Apostles practice (who were not rebellious nor seditious) Acts 4. 18, 19, 20, 23. and 5. 22. 28. 45. Whether Uniformity in Religion in the State, do not oppress millions of souls, and impoverish the Saints bodies. 46. Whether God's people have not disputed and taught a Religion new and worship, contrary to the State they lived in, and spread it in travelling and open places; as appears Act. 17. 2. 17. and 18. 48. yet no origancy and impetuousness. Yea, contrary to public authority in the Nation's Uniformity, in false worship, Dan. 3. the three Children; so the Apostle, Act. 4. 5. The Saints have openly witnessed, that in matters spiritual, Jesus was King. Act. 17. 7. and for this Christ suffered; as appears by his accusation. john 9 19 Jesus of Nazareth King of the Jews, Psal. 2. 6. Act. 2. 36. God's people have seemed the disturbers of the civil State, upon the Apostles preaching, there followed uproars, and Tumults, and uproars, at Iconium, at Ephesus, at jerusalem, Act. 14. 4. 19 29. 40. Act. 21. 30, 31. 47. Whether Jesus Christ, appointed any material Prisons for Blasphemers of him? Whether notwithstanding the confidence of the truth they have, to which they would force others, whether the Bishops, their Fathers, have not been as deeply mistaken; for now they see and say they are Antichristian. 48. Whether it be not a natural Law for every man that liveth, to worship that which he thinketh is God, and as he thinketh he aught to worship; and to force otherwise, will be concluded an oppression of those persons so forced. 49. And whether it be best for us to put out our eyes, and see by the eyes of others who are as dim-sighted? In my judgement, your judgement is a lie: will ye compel me to believe a lie? compel ye a man to be present at a worship which he loathes? or will ye force my tongue to speak that which my hairs cannot affect. 50. Whether it be in the power of any man to believe what he will, and as he will, the mind of man being persuaded with great reasons is captivated, will he nill he: I am fully persuaded of the truth of the Religion I profess, if I should follow your Religion, I should deceive men, (and go contrary to my conscience) but I cannot deceive God. 51. Whether the Ordinance against preaching is not the only way to ensnare the choicest men, but it cannot catch the worst, who shall judge what is error, and what is truth, I answer, if our enemies must judge, we must always be persecuted and abused by the worst of men for they will judge it fit to persecute us, they will call fruth error, and error truth, and sometimes truth shall be esteemed no less than blasphemy, and that which one man shall do as his duty, in conscience to God's Command, may be called obstinacy, though unjustly, so that if any demand who is the most orthodox and sound man, and freest from errors, the answer is now, if you will put it to the vote, it's the major voice, the strongest side, that side that hath the authority to back it, so that we must follow a multitude. Once a King being sick, it was demanded of him who should succeed him in the Crown, he answered, he that had the longest Sword, so it is now, and if truth hath but a few followers; it must be esteemed error and rejected. 52. If the Magistrate, as a Magistrate, have a power from Christ, to punish such as he is persuaded in his conscience are erroneous and heretical, or because he differs in Religion from the Magistrate, than Queen Mary and her Parliament did well, in burying the Martyrs for differing from her established Religion, they being as contrary to her Religion as any are now in the Magistrates eyes. 53. Either the Civil, or the spiritual State must be supreme: which of these must judge the other in spiritual matters? if the Magistrate, than he is above the Church, and so the head of the Church; and he hath his power from the People: (to govern the Church) whether it will not follow, that the People, as a People have originally as men a power to govern the Church, to see her do her duty, to reform and correct her, and so the Spouse of Christ, the wife of Christ must be corrected according to the pleasure of the world, who lie in wickedness? 1 john 5. 54. Whether every man doth not venture his Soul upon the truth of his Religion, which in his conscience he is persuaded of the truth of it. 55. Whether this Kingdom have any sufficient ground to believe they shall enjoy their outward rights, and liberties so long as any one Religion is set up, and men forced under great penalties to be subject to it? 56. Whether it be not a horrible thing that a free division of England, may not have so much liberty as is permitted to a Turk in this Kingdom who although he denies Christ, yet he can live quietly amongst us here, and is it not a great ingratitude of this Kingdom to deny this liberty to such as are friends and have been a means in their persons and estates to save this Kingdom from destruction and desolation. Oh England, England! Oh that thou wert wise to know the things that belongs to thy prosperity and peace, before it be too late, the hand of God is against the, how have we slain one another, and who knows but this is come upon us, for troubling, undoing, despising, & banishing the people of God into so many Wildernesses? 57 Whether men are bound in Conscience to be persecuted when they can help it, for omitting of that they judge sinful, and whether a man may not take that which is his right, or use means to take it by force, in case they who should give it deny it, and he cannot have it otherwise, thus I would keep my Estate, my liberty, my life by force, if I (can and) cannot keep it otherwise? 58. Whether there be any man that judgeth his own judgement erroneous? 59 Whether if any man will take upon him to punish men for errors, it be not fit he show his authority from God, to warrant his practice, and if one man is to be punished for error, must it not of necessity follow, that all men are to be punished because all men have errors, no man is free from them, and therefore all men are to be punished with corporal punishments, for their errors either more or less, so that if Luther and Calvin, and other good men were now amongst us, they should be punished for the errors they held, as well as others are for the truth? 60. Whether the Priests of England in assuming to themselves to be Christ's Ministers, and the Apostles successors, and a godly reformed Presbytery be not a cunning trick, and a mere cheer to deceive the simple? 61. Whether the Priest's practice be not contrary to the Apostles practice, take one instance, the Apostles diped viz. baptised persons after they believed and confessed their faith: whereas they sprinkled persons before they believe, yea before they can speak they baptised persons in a River, Acts 2. and 8. Mat. 3. these sprinkle water upon their faces, yet if you will believe them, they are the successors of the Apostles, and follow their step? 62. Wherefore do the Priests of England assume to themselves the title of (Divine) is it because they are exercised in Divine truths, or because they partake of the Divine nature, or both, if so, than many Tradesmen may as well have the title of Divine given them as well as they, because they partake of the Divine nature, and are as much exercised in matters Divine, as the most of them, but it is a question, whether the title Divine is to be given to any man, but only to God; whose being is only Divine? 63. Whether the name of settling Religion be not a fine pretence to establish error and tyranny, we desire not liberty of conscience of any man, let us enjoy our right, our liberty of persons and Estates, & we will give them leave to hang our Religion and consciences too if they can, they desire not our Religion, nor can they see nor reach our conscience, as Ques. 28. and I am persuaded that the hand of God and man, will be against England and Scotland, till they cease troubling of men for matters of Religion? 64. Whether ever any that are contrary to the Synod, did ever sue the Parliament to have the Presbyters punished for any of their errors, though in them they abound, and whether some of them do not tend to the destruction of the State, if they might have their wills. 65. Whether it be not a great error, to slight and disgrace the holy Scriptures and whether the Synod are not guilty of this error, in that they do not make the Scriptures the ground and rule of what they do, and this appears, 1. in that what they affirm in not in the Scrirtures. 2. in that they keep not the form of sound words, as the Scriptures require, we cannot read it in the Scripture, what they impose upon others, nor can we find the substance of that they impose upon others in the whole Scriptures. 3. neither do they allege the words nor texts of Scripture to prove what they maintain, as appears by their Directory: what is their authority above the Scriptures, if they think so, it is no small error? 66. Whether it doth not appear that the Priesthood for the most part, do hate and despise the suffering Saints of Christ, and this appears, 1. because they speak not for them, but 2. speak against them, 3. they preach against them. 4. they persecute them, and cause others to persecute them, 5. when they are in prison, they do not vifit them, 6. nor allow them any means (when they are in want) to maintain them? 67. Whether it doth appear, that the Priests oppose errors, and Sects out of conscience, or out of bye and self ends, it appears to be the later, because they writ and preach, and bend their strength against those truths, that oppose their profit, honour, ease, as tithes, false ministry, and cozening of people, but as for errors, indeed as to deny the Resurrection of the body, the truth of the Scriptures, to deny Christ to be God, and the like, which of them hath written on sheet against any of these errors, notwithstanding they have wrote volume against good men, for doing that Christ commanded them? 68 Whether those Priests are not false Priests, in prophesying in their Pulpits, that London should be plundered, and their wives, etc. ravished when Sir Thomas his Army came into London; you see apparently they prophesy the vision of their own hearts, so they say, thus saith the Lord when he hath nor spoken unto them? Whether the Priests were not the cause of the burning of the book, entitled the Bloody Tenant, because it was against persecution, and whether their consciences would not have dispensed with the burning of the author of it, which I wish they would seriously consider Dells Book of Right Reformation? 70. Whether men's eyes are not so opened, & the Priests deeds, so manifest that it is but in vain for them to think that ever all men will be led by them more?