West Port Experiment

First, there are five sorts of toleration proceeding from five different principles. 1. Of indifferency. 2. Of policy. 3. Of pretended conscience and equity. 4. Of necessity. 5. Of charity.

The first is when the Magistrate is a Nullifidian, Neutralist, and Adiaphorist, esteeming as Gallio did, questions of the law and of the Ordinances of Christ, to be of words & names, or things which he careth not for, Acts 18.14, 15.

The second is when the Magistrate tolerateth hereticks and sectaries for his own profit, or some such interest of policy, such as maketh the Pope to tolerate the Jews in Italy, yea in Rome itself, where they have their synagogues, circumcision and liturgies, because his profit by them is greater then by the very Courtizans; yea, besides their certain tribute, he doth sometimes impose on them a subsidy of ten thousand crownes extraordinary for some service of the State, as Europa Speculum, pag. 221, 222. hath represented to us. And whether the States of the united Provinces do not grant tolerations upon the like interests of their own profit, I leave it to the judgement of their own consciences.

The third is the toleration pleaded for here, by Mr. Williams, the compassionate Samaritane, &c. as if justice, equity, duty, and conscience should make the Magistrate forbear all coercive power in matters of religion. All these three I utterly condemn, and the former arguments do strongly militate against them.

The fourth kinde of toleration, arising from necessity which hath no law, may well be mourned for as an affliction, it cannot be condemned as the Magistrates fault. Even a David may have cause to complain that the sons of Zeruiah are too strong for him. In such cases as these, our Divines have given a relief to the conscience of the Christian Magistrate, purging him of the guilt of this kind of toleration; provided always, that he hath endeavoured so farre as he can to extirpate heresies, and to establish the true religion only. Which hath nothing to doe with that principle now defended, that the Magistrate though he may never so easily, yet he ought not nor cannot without sin exercise a coercive power in matters of religion.

The fifth and last is that kind of toleration whereby the Magistrate when it is in the power of his hand to punish and extirpate, yet having to doe with such of whom there is good hope either of reducing them by convincing their judgments, or of uniting them to the Church by a safe accommodation of differences, he granteth them a Supersedeas; or though there be no such grounds of hope concerning them, yet while he might crush them with the foot of power, in Christian piety and moderation, he forbeareth so far as may not be destructive to the peace and right government of the Church, using his coercive power with such mixture of mercy as createth no mischief to the rest of the Church. I speak not only of bearing with those who are weak in the faith, Rom. 15.1. but of sparing even those who have perverted the faith, so far as the Word of God and rules of Christian moderation would have severity tempered with mercy: that is, (as hath been said) so far as is not destructive to the Churches peace, nor shaketh the foundations of the established forme of Church government, and no further: these last two kinds of toleration are allowed; the first three are wholly condemned.

My second distinction is concerning the punishments inflicted by the Magistrate upon Hereticks. They are either exterminative, or medicinall. Such as blaspheme God or Jesus Christ, or who fall away themselves and seduce others to Idolatry, ought to be utterly cut off according to the law of God. But as for other Hereticks, they are to be chastened with medicinall punishments as mulcts, imprisonments, banishment, by which through Gods blessing they may be humbled, ashamed, and reduced. Not that I think the proper end of civill and coercive punishments to be the conversion and salvation of the Delinquent, (which is the end of Church censures & of Excommunication it self) but that the right method of proceeding doth require that the Magistrate inflict the smaller punishments first, that there may be place for the offenders bringing forth of fruits worthy of repentance, and he may be at least reduced to externall order and obedience, being perswaded by the terror of civill power, which may and doth (when blessed of God) prove a preparation to free obedience, as the needle is to the thread, or the law to the Gospell, servile fear to filiall fear: and that the Magistrate step not up to the highest justice till other punishments have proved ineffectuall: which made Constantine punish the Hereticks of his time not with death, but with banishment, as is manifest by the Proem of the Councell of Nicee. In such cases it may be said to the Heretick of the Magistrate, He is the Minister of God to thee for good, more good I am sure, then if the golden reins of civill justice should be loosed, and he suffered to doe what he list. Therefore Augustine likeneth this coercive punishing of Hereticks to Sarah her dealing roughly with Hagar, for her good and humiliation. I conclude, connivence and indulgence to Hereticks is a cruell mercy: correction is a mercifull severity, and a wholesome medicine, as well to themselves as to the Church.

Thirdly, we must distinguish betwixt the coercive power of the Magistrate in matters of religion, and the abuse of that power; when we justifie the power, we justifie not the abuse of it; and when we condemn the abuse, we must not therefore condemn the power. A continu. Stratag. Strasb. lib. 3. pag. 147. buildeth much upon this notion, let a man imagine that his lot is fallen in those times when the truth is persecuted by authority, when the Magistrate justifieth the wicked and condemneth the godly, (which hath been the more ordinary condition of the Church) and then let him accordingly shape the resolution of the question concerning the Magistrates punishing of Hereticks. Will not a man think (saith he) it had been better that Hereticks had not been punished, then that upon pretence of coercive power against Hereticks, the edge of the Civill sword be turned towards the Preachers and Professors of the truth? But notwithstanding of all this, truth must be truth, and justice must be justice, abuse it who will. Parliaments and Synods have been many times enemies to the truth, and have abused their power in matters of religion: must we therefore deny the power of Parliaments and Synods? or must we cast off any ordinance of God because of the abuse of it? If the thing were indifferent, the abuse might take away the use: not so, when the thing is necessary. I adde (which is well observed by Calvin) when Jeremiah was accused and arraigned as worthy to die, his defence is not this, You ought not to vindicate religion with the sword, nor put any man to death for the cause of conscience, but this is it, Know ye for a certain, that if ye put me to death, ye shall surely bring innocent blood upon your selves, and upon this city, and upon the inhabitants thereof: for of a truth the Lord hath sent me unto you to speak all these words in your ears, Jer. 26. 15. Neither did ever the Apostles (though often persecuted) plead the unlawfulnesse of persecuting men for heresie, but they pleaded the goodnesse of their cause, and that they were no Hereticks.

Fourthly, I distinguish betwixt bare opinions or speculations, and scandalous or pernicious practices, as Mr Burton doth in his Vindication of the Independent Churches, pag. 70. You must distinguish, saith he, betwixt mens consciences and their practises. The conscience simply considered in it self is for God, the Lord of the conscience alone to judge, as before. But for a mans practises (of which alone man can take cognizance) if they be against any of Gods Commandements of the first or second Table; that appertains to the civill Magistrate to punish; who is for this cause called Custos utriusque Tabulæ, the keeper of both Tables: for this he citeth Rom. 13. 3, 4. and addeth. So as we see here what is the object of civill power, to wit, actions good or bad, not bare opinions, not thoughts, not conscience, but actions. And this is his answer to the Interrogatory concerning the lawfull coercive power of civill Magistrates in suppressing heresies. In which he handsomely yeeldeth the point, for who doth advise the Parliament to punish men for their thoughts, or bare opinions, or for conscience simply considered in it self? It is for preaching, printing, spreading of dangerous opinions, for schismatically, pernicious and scandalous practises, for drawing factious among the people contrary to the Covenant, for resisting the reformation of religion, for lying and railing against the Covenant, the Parliament, the assembly of Divines, or against the reformed Churches.

Fifthly, we must distinguish the persons who are in the error, whether Heresiarchs and ring-leaders, or whether followers only, and such as do actùs agere; whether schismatizing, or schismatized; whether more weak, or more wilfull; whether seducers, or seduced; whether pious, or prophane, or Pharisaicall; whether peaceable, moderate, calme, docile, or turbulent, factious, fierce, railing, obstinate, incorrigible. So that when the thing is brought from the Thesis to the Hypothesis, there is very much to be trusted to the prudence, circumspection, and observation of those who are in authority, to set apart those for punishment who resist Reformation, as Jannes and Jambres did resist Moses, 2 Tim. 3. 8. and are said to trouble the Churches, Act. 15. 24. Gal. 1. 7. & 5. 12. and to trouble them more or lesse, as they are more or lesse troublers of Israel. Let not the Magistrate fear to say to every Achan, Why hast thou troubled us? the Lord shall trouble thee this day, Jos. 7. 25. Other seduced ones the Magistrate is to command sub pœna, and cause them stand to the Covenant of God as Josiah did, if they cannot be perswaded to doe it willingly. If the Magistrate miscarry in a misapplication of his coercive power, let him answer to God and his conscience for his error. It is not in my thoughts either to plead for or allow of the persecuting of pious and peaceable men.

Sixthly, as the reformation and preservation of religion differ much from the propagation of religion; so the coercive power put forth in the suppressing of Heresie or Schisme, is a thing of another nature then the compelling of Infidels by the sword to receive the Gospell. Let the Pope, and the Spaniard, and Mahomet propagate religion by the sword; that is not it I plead for. None of the Gentiles was of old compelled to be circumcised, but being circumcised he might be compelled to keepe the Law of Moses. Also if strangers of the Gentiles were sojourning or trading in the land of Israel, they might be compelled to abstaine from the publique and scandalous breaking of the morall Law, Neh. 13. 16. 21. Exod. 20. 10. which things did belong to the preservation, not to the propagation of religion.

Seventhly, to establish by a law the toleration, liberty and immunity of such a Sect or Way, so as all that will may joyne in it, is a thing of most dangerous consequence. But to permit such or so many persons of a Sect to enjoy the liberty of their owne consciences and practices, with such limitations as shall be found necessary, is a tolerable Toleration, I meane a thing though not to be wished, yet to be allowed. The Romans in their Heathenish way did put a difference betwixt these two: when they abolished the Bacchanalian festivity and discharged it, they granted no toleration to such as pleased still to observe it: only they were content that some few upon leave first obtained from the Senate, and upon certaine conditions, might be permitted to continue their owne practice, as to their part.

Eighthly, there is also a great difference betwixt Toleration and Accommodation. By accommodation I understand an agreement of dissenters with the rest of the Church in practicall conclusions, so that if any difference be, it is in their principles, not in their practices, and so not obvious, apparent and scandalous to people. I had rather goe two miles in an Accommodation, (yea as many as the Word of God will suffer me,) then one mile in a Toleration. For in that way there is no schisme, no rent in Israel, but the Lord one, and his name one. In this way there is Temple against Temple, and Altar against Altar, Manasseh against Ephraim, and Ephraim against Manasseh, and they both against Judah: a misery from which the Lord deliver us. I doe not deny, but if a safe and happy Accommodation be impossible, such a Toleration as I have formerly spoken of, is not to be disallowed. But the Accommodation is a more excellent way, and that which is to be rather embraced, yea endeavoured for and followed after, according to the Apostles rule, Phil. 3. 15, 16. (which Isidorus Pelusiota did long since observe to be the best and happiest way of putting an end to divisions and dissentions in the Church) Let us therefore as many as be perfect be thus minded: and if in any thing ye be otherwise minded, God shall reveale even this unto you. Neverthelesse whereto we have already attained, let us walke by the same rule, let us minde the same thing.

It is be said, Quorsum hæc? what doe I conclude from all this? It is to leave this confirmed and sealed truth in the bosome of the High Court of Parliament, and of all inferiour Magistrates according to their place and interest, under them, That it is their duty, without respect of persons, to endeavour the extirpation of Heresie and Schisme, and whatsoever shall be found contrary to sound doctrine, and the power of godlinesse, lest they partake in other mens sinnes, and thereby be in danger to receive of their plagues; and that the Lord may be one, and his name one in the three kingdoms: And to endeavour the discovery of all such as have beene or shall be evill instruments, by hindring the reformation of Religion, or making any factions or parties amongst the people, contrary to the solemne League and Covenant; that they may be brought to publike tryall, and receive condigne punishment, &c. Which as they had great reason to sweare and covenant, so now they have greater reason to performe accordingly; and as it is in it selfe a duty, and we tyed to it by the oath of God, and his vowes that are upon us, as straitly as ever the sacrifice to the hornes of the altar: So we are to take speciall notice of the unhappy consequents, which follow upon our slacknesse, slownesse and slothfulnesse, in fulfilling that sacred Oath; viz. The hindring of uniformity, the continuing and increasing of a rupture both in Church and State, the retarding of Reformation, the spreading and multiplying of Heresies and Sects, while every one doth what is right in his owne eyes; the great scandall given both to enemies and friends; to enemies, who are made to thinke worse of our Covenant, because we doe not performe it: The Review of the Covenant, printed at Oxford, upbraideth us with this: that Heresie and Schisme was never more suffered, and lesse suppressed in London, then since we sware to endeavour the extirpation of the same: To friends also, who are mightily stumbled by our promising so much, and performing so little in this kinde: which the Wallachian Classis in their late Letter to the Reverend Assembly of Divines at Westminster (printed before Apollonius his Booke) doth sadly and seriously lay to our consciences.