THE True MAGISTRATE, OR THE MAGISTRATE'S DUTY, AND POWER In matters of RELIGION, OR In things merely relating to CONSCIENCE.  
By a well wisher to a Public Good  
LONDON, Printed for Thomas Brewster at the three Bibles at the West end of Paul's, 1659.   

The PREFACE.  
THe Author in duty to his Country and love to a public Good, is induced to publish this short Discourse concerning true Magistracy; but the chief reason that hath prevailed with him, is to vindicate that truly sober and Christian Principle, (of liberty of conscience) from those false and scandalous aspersions, wherewith evil-minded men (of corrupt Interests and Principles) endeavour to bring the same into disgrace and obloquy.  
Here first is laid open a great mistake most men, either out of ignorance, or a blind peevish zeal, make themselves guilty of, As if by allowing Liberty of Conscience, a floodgate were set wide open to let in all manner of errors and heresies, when on the contrary a way is made for truth to come forth in its proper power and evidence; the only means to convince and confute all opposition.  
Secondly, warning is given to all Christian Magistrates, not to involve themselves with any faction or corrupt interest, that under specious pretences may swallow up the rest when in power, but to cherish and countenance the life of godliness in all forms that are not contrary to the being of Christianity, and destructive to the civil society under their protection.  
And lastly does show the necessity of allowing this Liberty of Conscience, according to the Apostles Rule, Let every man be fully persuaded in his own mind, since without it we must expect biting & devouring one another, & consequently a spirit of wrath, to tear in pieces all those that differ from ourselves, which will prove an Inlet of the highest persecution and tyranny, than which nothing can be more contrary to a well ordered Christian Commonwealth.   

Of the Magistrate's Duty, etc.  
THat the Magistrates power is limited by God and Man, and the exercise thereof, more for the Good of the whole than any part, or for himself, is agreeable to the light of Nature, Reason, and sound religion, being so evident in itself, that it stands in no need of any proof: And were there no more to evince the unreasonableness of such a Power, this would be sufficient, that by it man would run into his own destruction; for having no bounds set to his ambition and unraly lusts, What can hinder the raging ways of this sea, suddenly to overflow and drown the whole man?  
God therefore and Man, have set their limits to Magistrater, which they ought not to transgress, and by transgressing they make themselves guilty, and so accountable to both. That God hath done it, appears by the creation of Man at first, when he gave him the sole rule and dominion over all the Earth, or all the visible parts of the world he confined him not to eat of the forbidden fruit; for the day thou eatest thereof, thou shalt surely die: and by woeful experience we find the consequents of this transgression, or aspiring to an unlimited power to be independent from his Maker.  
That man hath done no less, is manifest in all the well regulated Governments that have been extant in the world, where the governed (in the primary Institution) have always had this care, by oaths and other ties, to limit their Governors, which shows plainly, that in themselves, they still reserved a Power, to call their Governors to account, for male administration contrary to their Oaths and Promise. And though (de fact) the governed have not always done it for want of power, but that (de jure) they have power to do it, is plain by their always putting the same in execution when God gave them opportunity.  
But that which we have to speak of in this short discourse, chief relates to the Magistrates power, in things spiritual, or merely relating to conscience. And therein we shall first consider what duty or commerce the Magistrate is to have over God's people, or all the professors under his charge; next what power God and Man have given him in things merely relating to conscience.  
Kings or Magistrates in Scripture, are called Nursing Fathers, and nursing Mothers, which place most miserably hath suffered wrack, by the strange interpretations, some (for their own ends and advantage,) have put upon the same, thereby attaining a power over the very Church of God, which Christ hath reserved to himself, and not given to any Mortal. But the more genuine construction seems to be taken from the words themselves, and the nature of what they hold forth: For Nursing implies a tenderness and care mothers actually have over their little Infants, which are not able to provide for themselves; just so ought the Magistrates care to be over the people of God under their protection, who are sent into the world as sheep among wolves, and are exposed to the utmost rage and malice the world can put forth against them; For (as Christ saith,) if they were of the world; the world would love its own; but because they are not of the world, but chosen out of the world, therefore the world hates them.  
The Magistrate's duty then in the first place, is to give countenance and protection to all the people of God under their several forms or appearances, that so they may live a quiet and godly life under them, thereby engaging the hearts and prayers of all the Saints to be mindful of their Governors, in their access to the throne of grace; which doubtless, is no small thing, (if rightly considered) to engage God himself to be on their side. And if God be with us, what need we fear who is against us? Besides, it answers the true end of Magistracy, which is to punish evil doers, and to give encouragement to those that do well. Now this is most certain, (by evil doers) must be meant those that make no conscience of their ways, but run out into all manner of excess, committing sin with greediness: And consequently (the well doers) are such, as follow the light of their consciences in what they have received, and practise the same, according to their best skill and knowledge, so that an erroneous person, cannot properly be called an evil Doer, unless his error lead him into evil practice.  
Secondly, The Magistrate is to be careful, not to side, or engage with any party, or opinion, whereby the ballane is cast to favour one judgement more then another's, but to consider the power and life of godliness in all, putting a great price and value upon the same; Neither is this to hinder him from the exercise of his own private judgement, wherein he may adhere to one, more than another; only in relation to public, he is not to prefer them for judgement sake, but (as they may be serviceable) he is to advance and make use of all in whom he finds the power of godliness and suitable ubility to perform the public service.  
But you may argue, how shall the Magistrate be able to judge the power of Godliness? since he is to be kept within the Sphere of his own activity; and this seems to be above him: I Answer, he may judge by our Saviour's rule, the tree by its fruits: In which though sometimes we may be mistaken (as when Hypocrites come forth in all those seeming Acts of goodness) yet we must not expect thorns and briers out of a figtree, but corrupt water out of a polluted Fountain, for every good Tree brings forth good fruit, and every pure Fountain clear water. The Magistrate than judges the power of godliness, as the same appears in life and conversation.  
Thirdly, The Magistrate is to cherish a godly spirit, or a spirit fearing God and hating covetousness; and as much to discountenance and rebuke, (by putting all wholesome Laws to that end in due execution) a wretched profane spirit that delights in sin, and manifests itself in all manner of wickedness; and as the first is to be owned (without respect of persons) as the same appears in all forms or judgements, so the other is to be punished and disowned without partiality.  
Fourthly, The Magistrate is not to involve himself with any corrupt interests under any pretence whatsoever, whereby he insensibly becomes ensnared, to preserve and keep up what God has given up to destruction, especially when times of reformation are growing upon us; when God will lay open every corrupt Person, and thing, that set themselves in the way against his design, to bring in new Heavens and new Earth, wherein dwells Righteousness, which he has long promised to make good in the latter days, a Pet. 3.13.  
The next thing to be considered is, what power either God or man hath given to the Magistrate, in things spiritual or merely relateing to conscience; for this is most certain, if neither have given him power, he has none but what he assumes of himself, which is a plain intrusion, and so the exercise of it must needs be unlawful.  
But before we proceed to determine the question, we must first take notice; that God has given all power in Heaven and in Earth to his Son (the Person of Christ) for none can pretend to any power, (whether in civils' or spirituals) which he derives not from him; in civils' we have already shown that there are subordinate Magistrates set up in the world under Christ, (the great Potentate and King of Kings) to whom we are to be subject for conscience sake, being an Ordinance of God, Rom. 13.2.5. in spirituals is now the question, what power Christ has derived to man, or whether he has reserved the sole power to himself in things that merely relate to conscience, wherein we are to stand and fall to our own Master, and not to be judged by others.  
Secondly, By things merely relating to conscience, we must understand, those inward workings in our spirits, that form a persuasion in us of what we receive to be according to the mind of God; tending either to his service and worship, or to the increase of knowledge in things of a better life, for as to matters of conscience, order, or discipline in the Church, we do find a latitude left us in the Scriptures, and by the practice of those primitive times, (it not being yet, nor like to be agreed) which form of Church-Government, is most according to the mind of Christ, and consequently the best; some apprehending that to be Episcopacy, others Presbytery, others the Congregational way &c (For it were end less to enumerate all) these may suffice to let us see those places of Scripture, and the practice of those primitive times do admit variety of interpretations. As if God (by way of condescension to the weakness of man) would leave in the Magistrate's power, (as to a National Religion) to choose what form of Church Government may best suit with the civil; provided he assume not a power which was never given him, to impose the same upon others who descent from him or are of another mind.  
Thirdly, As God allows this liberty to the Magistrate, so likewise he gives the same to private Christians, (under the Magistrate's protection, & united together in Church fellowship) to choose for themselves, what government appears by the Scripture most agreeable to his will; that two divers Churches growing up together (under one civil Magistrate) may set up that order of discipline amongst themselves as to each appears most consonant to the word; for the Magistrate in this case is not to infringe them of their liberty, but to rejoice at the presence of the Lord so accompanying them in their several apprehensions as to see the power of godliness coming forth in its kinds and practice.  
And that this liberty is intended by God himself both to the Magistrate and the several Churches is manifest by this, that all those places of Scripture, that relate to Church Government speak the mind of Christ so obscurely & in such dark expressions, that to this day they that pretend to the best, are forced to borrow from humane inventions, to make up a complete form; and those that stick closest to the Scripture, (not admitting any thing but what they bring from thence) are not able to satisfy others; nor scarce themselves with clearness of Scripture expressions to prove their form Jure divino, so that this liberty must needs be allowed till Christ set up his spirit (in power and evidence) in the hearts of his Saints, to make up that unity of spirit to which all must yield subjection.  
Now to answer the question clearly and positively, I affirm that Christ (who is the immediate and sole Trustee of all power from his Father) has given none to the Magistrate in things spiritual or merely relating to conscience, the reasons are these.  
First because the Magistrate is no proper Judge of the inward workings of men's spirits, but only God who searcheth and trieth the Reins, and therefore has no power given him in matters of that nature, lest by mistaking light for darkness, and darkness for light, he offend one of them little Ones that are precious in the sight of God.  
Secondly, because we are to stand and fall to our own Master who is God, having power to destroy both soul and body; but the Magistrate has only power over the body and what relates to the outward man.  
Thirdly, Because the Magistrate (whose Office and charge chief relates to civil things) may easily judge truth for error, and error for truth, as did Pontius Pilate and the ruling Elders amongst the Jews when they delivered up Christ to be crucified for the greatest Malefactor, who was the most innocent Person.  
Neither has man given to the Magistrate any such power over the consciences of their brethren; because the Magistrate can pretend to no power but what is derived to him, from the people or Governed. (for they are the Original of all just power) but the people have no such power in themselves, and therefore can by no means give the same to others; For the people till by consent and compact they were gathered together, were a confused distracted multitude, every one his own Lord and Master, each doing what was good in his own eyes, and when afterwards by agreement they were brought into order to be governed by Laws, and the rules of justice; that only related to the outward man.  
As for the inward, it rationally cannot be supposed, they would give that away which is not in the power of any one, over his fellow creature, especially that being one of the prerogatives of the Creator, to know and judge the inward man, which belongs not to the creature; therefore the Magistrate can pretend to no such power from the people, and consequently if he exercises the same, it is usurped unjust and unlawful; usurped because he has it not from the people or Governed, unjust, because by it he does a plain injury to his fellow creatures over whom he has no such power, and unlawful, because it entrenches upon the prerogative of God himself, who reseves the power over the inward man, or persuasions of men's consciences and gives it not to another.  
From hence we may conclude, what a groundless foundation they build upon that are so much for an exercise of civil power in matters of religious concernment, since the Magistrate can lay no claim to any such power, either from God or Man; The one reserving that prerogative to himself, the other not being able to give what he never received. And yet this principle is exceedingly cried up by some, under the plausible names of advancing Religion, and keeping heresies and errors out of the Church; as if true religion had need of such broken props, whose foundation stands in so manifest untruth. As for heresies and errors, does not the Apostle expressly tell us, There must also be heresies amongst you, that they that are approved may be made manifest? And can there be a more clear convincing way of confuting them, then by suffering truth (by its own power and evidence) to gain ground by degrees upon the understandings and consciences of men's which will be sure to make way for itself (maugre all opposition) to the leading at last in triumph all false disguises and mists of darkness, which may for a time possess the mind of frail creatures, especially since truth (in the midst of all contradiction) can be in no danger of miscarriage, being seated upon a rock) over which the strength of hell can have no prevailing.  
Besides all this, there arises naturally from this principle, the most unchristian, if not inhuman persecution, for differing persuasions in matters of religion, when the Magistrate shall take upon him to judge, and establish his judgement by saw, to the oppressing all others that descent from him; nay, may he not proceed to the taking away estate and life itself, if they will not comply with his Religion: As some do that terminate in a perfect inquisition, others more moderate do suffer such as descent; but all the discountenance that can be possible, is cast upon them.  
But doubtless, the growing light of these times, will more and more open our eyes to discover this great mystery of iniquity, which by the Devil's artifice, hath been set on foot, by working upon the blind zeal of some, and by interest blinding others, that to this day, this persecuting spirit is kept alive under pretence of proferving truth, when thereby truth itself may be trampled under foot, and falsehood established by Law.  
By all which appears the necessity of owning (in well regulated Governments) that truly sober Principle, of liberty of conscience, so much exploded and endeavoured to be cried down by men of corrupt interests, time-servers, who have gain and worldly advantage more in their eyes, than the glory of God; for by this Principle only is meant, a Christian forbearing and tenderness one to another in matters of religion, till God even reveal that unto us; not in the least to give liberty to the flesh, or any licentious practice, which first is rational in itself; for how can we expect others to be of our minds, till by conviction and letting down light into their understandings, they may be awakened to receive what with God's blessing may be offered: Besides God gives differing measures of light and knowledge on purpose, that we may learn condescension, and not to impose upon our Brethren, but wait God's time of discovering to others what is already made known to us; for what reason have we to be offended at another's ignorance, because he knows not so much as ourselves? as if we should quarrel with all those that bear not our resemblance, or fimilitude.  
And lastly, The very light of nature teaches us not to do that to another which we are not willing another should do to us in the like case; Neither will the Magistrate be hereby obliged to allow liberty of those religions, that either are contrary to Christianity or whose interest is so involved with foreign States, and Princes that they have a greater dependence upon them, than their own Magistrates.  
Because the first destroys the very being of Christianity, the latter admits those within our bowels, that upon all occasions may be ready to shake off obedience from their Governors and entice others to do the same; nevertheless according to liberty of conscience, none is to be persecuted for conscience sake, but laws being provided by the Magistrates against such inconveniences, 'tis at their own perils if they transgress them.  
FINIS.