6. A compulsive, coactive, punitive, or corrective power, formally political, is also granted to the political magistrate in matters of religion, in reference to all sorts of persons and things under his jurisdiction. He may politically compel the outward man of all persons, church officers, or others under his dominions, unto external performance of their respective duties, and offices in matters of religion, punishing them, if either they neglect to do their duty at all, or do it corruptly, not only against equity and sobriety, contrary to the second table, but against truth and piety, contrary to the first table of the decalogue. We have sufficient intimation of the magistrate's punitive power in cases against the second table; as the stubborn and rebellious, incorrigible son, that was a glutton and a drunkard, sinning against the fifth commandment, was to be stoned to death, Deut. xxi. 18-21. The murderer, sinning against the sixth commandment, was to be punished with death, Gen. ix. 6; Numb. xxxv. 30-34; Deut. x. 11-13. The unclean person, sinning against the seventh commandment, was to be punished with death, Lev. xx. 11, 12, 14, 17, 19-25; and before that, see Gen. xxxviii. 24. Yea, Job, who is thought to live before Moses, and before this law was made, intimates that adultery is a heinous crime, yea, it is an iniquity to be punished by the judges, Job xxxi. 9,11. The thief, sinning against the eighth commandment, was to be punished by restitution, Exod. xxii. 1, 15, &c. The false witness, sinning against the ninth commandment, was to be dealt withal as he would have had his brother dealt with, by the law of retaliation, Deut. xix. 16, to the end of the chapter, &c. Yea, the magistrate's punitive power is extended also to offences against the first table; whether these offences be against the first commandment, by false prophets teaching lies, errors, and heresies in the name of the Lord, endeavoring to seduce people from the true God. "If there arise among you a prophet, or a dreamer of dreams, that prophet, or that dreamer of dreams shall be put to death, because he hath spoken to turn you away from the Lord your God, which brought you out of the land of Egypt," &c., Deut. xiii. 1-6. From which place Calvin notably asserts the punitive power of magistrates against false prophets and impostors that would draw God's people to a defection from the true God, showing that this power also belongs to the Christian magistrate in like cases now under the gospel.
Yea, in case of such seducement from God, though by nearest allies, severe punishment was to be inflicted upon the seducer, Deut. xiii. 6-12. See also ver. 12, to the end of the chapter, how a city is to be punished in the like case. And Mr. Burroughs,[27] in his Irenicum, shows that this place of Deut. xiii. 6, &c., belongs even to us under the gospel.
Or whether these offences be against the second commandment, the magistrate's punitive power reaches them, Deut. xvii. 1-8; Lev. xvii. 2-8; 2 Chron. xvi. 13, 16. "Maachah, the mother of Asa the king, he removed from being queen, because she had made an idol in a grove." Job xxxi. 26-28, herewith compare Exod. viii. 25, 26. Or whether the offences be against the third commandment, "And thou shalt speak unto the children of Israel, saying, Whosoever curseth God shall bear his sin: and he that blasphemeth the name of the Lord he shall surely be put to death, and all the congregation shall certainly stone him, as well the stranger as he that is born in the land, when he blasphemeth the name of the Lord shall be put to death," Lev. xxiv. 15, 16. Yea, the heathen king Nebuchadnezzar made a notable decree to this purpose, against blaspheming God, saying, "I make a decree, that every people, nation, and language, who speak any thing amiss against the God of Shadrach, Meshech, and Abednego, shall be cut in pieces, and their houses shall be made a dunghill," Dan. iii. 29: and the pagan magistrate, king Artaxerxes, made a more full decree against all contempt of the law of God: "And whosoever will not do the law of thy God," saith he to Ezra, "and the law of the king, let judgment be executed speedily upon him, whether it be unto death, or to banishment, or to confiscation of goods, or to imprisonment:" and Ezra blesses God for this, Ezra vii. 26, 27.
Besides all this light of nature, and evidence of the Old Testament, for the ruler's political punitive power for offences against God, there are divers places in the New Testament showing that a civil punitive power rests still in the civil magistrate: witness those general expressions in those texts—Rom. xiii. 3, 4: "Rulers are not a terror to good works, but to the evil. If thou do that which is evil, be afraid, for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil." 1 Pet. ii. 13, 14: "Submit yourselves unto every ordinance of man for the Lord's sake, whether it be to the king as to the supreme, or unto governors which are sent for the punishment of evil-doers,[28] and the praise of them that do well." Now, (as Mr. Burroughs[29] notes,) seeing the Scripture speaks thus generally, except the nature of the thing require, why should we distinguish where the Scripture doth not? so that these expressions may be extended to those sorts of evil-doing against the first as well as against the second table; against murdering of souls by heresy, as well as murdering of men's bodies with the sword; against the blaspheming of the God of heaven, as well as against blaspheming of kings and rulers, that are counted gods on earth. That place seems to have much force in it to this purpose, Heb. x. 28, 29: "He that despised Moses' law, died without mercy under two or three witnesses. Of how much sorer punishment, suppose ye, shall he be thought worthy who hath trodden under foot the Son of God, and hath counted the blood of the covenant, wherewith he was sanctified, an unholy thing, and hath done despite unto the Spirit of grace?" Yea, what deserve such as deny the Spirit to be of God? Papists exempt their clergy from the judgment of the civil power, though they be delinquents against it; and their states, both civil and spiritual, from civil taxes, tributes, and penalties, both which we deny to ours: for, 1st, This is repugnant to the law of nature, that church officers and members, as parts and members of the commonwealth, should not be subject to the government of that commonwealth whereof they are parts. 2d, Repugnant to the laws and practices of the Old Testament, under which we read of no such exemptions. Yea, we have instance of Abiathar the high-priest, who, for his partnership with Adonijah in his rebellion, was exiled by king Solomon, and so consequently deprived of the exercise of his office, 1 Kings ii. 26, 27. 3d, Inconsistent with our Saviour's example, who, as subject to the law, held himself obliged to pay tribute to avoid offence, (Matt. xvii. 26,) which was an active scandal; and he confesses Pilate's power to condemn or release him was given him from above, John xix. 11. 4th, And finally, contrary to the apostolical precepts, enjoining all to be subject to superior powers, Rom. xiii. 1-4; 1 Pet. ii. 13-15.
Now, all the former power that is granted, or may be granted to the magistrate about religion, is only cumulative and objective, as divines used to express it; thus understand them:—
Cumulative, not privative; adding to, not detracting from any liberties or privileges granted her from Christ. The heathen magistrate may be a nurse-father, Isa. xlix. 23; 1 Tim. ii. 2, may not be a step-father: may protect the Church, religion, &c., and order many things in a political way about religion; may not extirpate or persecute the Church; may help her in reformation; may not hinder her in reforming herself, convening synods in herself, as in Acts xv., &c., if he will not help her therein; otherwise her condition were better without than with a magistrate. The Christian magistrate much less ought to hinder her therein, otherwise her state were worse under the Christian than under the pagan magistrate.
Objective or objectively ecclesiastical, as being exercised about objects ecclesiastical, but politically, not ecclesiastically. His proper power is about, not in religious matters. He may politically, outwardly exercise his power about objects or matters spiritual; but not spiritually, inwardly, formally act any power in the Church. He may act in church affairs as did Asa, Jehoshaphat, Hezekiah, Josiah; not as did Corah, Saul, Uzzah, or Uzziah. He is an overseer of things without, not of things within. And in a word, his whole power about church offices and religion is merely, properly, and formally civil or political.[30]
Nor is this only our private judgment, or the opinion of some few particular persons touching the granting or bounding of the magistrate's power about matters of religion; but with us we have the suffrage of many reformed churches, who, in their Confessions of Faith published to the world, do fully and clearly express themselves to the same effect.
The Helvetian church thus: Since every magistrate is of God, it is (unless he would exercise tyranny) his chief duty, all blasphemy being repressed, to defend and provide for religion, and to execute this to his utmost strength, as the prophet teacheth out of the word; in which respect the pure and free preaching of God's word, a right, diligent, and well-instituted discipline of youth, citizens and scholars; a just and liberal maintenance of the ministers of the church, and a solicitous care of the poor, (whereunto all ecclesiastical means belong,) have the first place. After this, &c.
The French churches thus: He also therefore committed the sword into the magistrates' hands, that they might repress faults committed not only against the second table, but also against the first; therefore we affirm, that their laws and statutes ought to be obeyed, tribute to be paid, and other burdens to be borne, the yoke of subjection voluntarily to be undergone, yea, though the magistrates should be infidels, so long as the supreme government of God remains perfect and untouched, Matt. xxiv.; Acts iv. 17, and v. 19; Jude verse 8.