Certain disputations of right to sacraments, and the true nature of visible Christianity defending…

The 5th. Title that is commonly pleaded for the Right of the children of notoriously ungodly Parents to baptism, is, upon the account of the Churches faith, and the Magistrates Authority over them. For this, it is pleaded, 1. That the Magistrate or sovereign Ruler hath power to dispose of his Subjects, and therefore to make Covenants for them, and in their names, as much as a Parent hath: for the power of a Magistrate is greater than of a Parent, in that the Magistrate may put children to death, and so may not a Parent.

The 5th. Title that is commonly pleaded for the Right of the children of notoriously ungodly Parents to baptism, is, upon the account of the Churches faith, and the Magistrates Authority over them. For this, it is pleaded, 1. That the Magistrate or soveraign Ruler hath power to dispose of his Subjects, and therefore to make Covenants for them, and in their names, as much as a Parent hath: for the power of a Magistrate is greater than of a Parent, in that the Mag•strate may put children to death, and so may not a Parent.

Answ. 1. The Sovereign hath a Governing power above a Parent: but it is not on that the great contract or right is grounded. But the Parent hath a greater propriety in the child than the Governor; and so hath more Right to dispose of him in this case. The Sovereigns power is in order to the Good of the Common-wealth; the Parents is for the Good of the Child directly. 2. Bodin (and some others) think that ⟨p. 266⟩the Roman Custom was good, that Parents should have power of Life and Death as to their Children: though few approve his Judgement or reasons. 3. I doubt not but a Sovereign may use his Authority to procure the baptizing of Children by the Parents dedication of them to God. But still it must be modiante parente vel proparente, by procuring their consent, who have the nearest Interest in the child, and greater than the Magistrate can have; though not greater ruling power. Obje. But there are some Rulers that are Domini as well as Rectors, and the people and all that they have are theirs; so that there is no proprietary in the Nation but themselves: and in such a case it seems that they may dispose of the consent of their subjects. An. 1. ye Its lis sub judice, whether this be not mere unlawful Tyranny, or Usurpation, and so the Title Null because against the Law of God in nature. 2. Or if any think that the example of Joseph, or of the Israelites buying children, will prove the contrary, yet 1. It can be but to their Civils, as Goods, Lands, &c. their Right wherein is adventitious and accidental; and not to the fruit of their bodies, where their right is so natural that none can take it by violence from them: I say therefore that here it cannot be without the Parents voluntary Alienation and Resignation of their Children to the Sovereign; which they cannot do but upon weighty considerations. 2. The Sovereign in this case hath the same right in Adult subjects, as in Infants, seeing they are all Vassals to him as their Lord. And yet it is manifest in Scripture, that God will have the personal consent of the Adult, before they shall have any interest in his Covenant: Because when their Sovereign Lord hath all the right that is possible, he leaveth them the power of their own wills: And so as they have still naturally a nearer right in themselves (than he hath) which they cannot alienate; so it seems they have in their children. 3.