3 Hence he is not to limit to things indifferent, which are neither commanded, nor forbidden in the word, without apparent expediency or inexpediency of attending the same. By that expression [clearly] commanded or forbidden in the word, we understand that which is clear, either by express words, or necessary Consequence from the Scripture; and we say clearly commanded or forbidden in the word. Not simply that which the Magistrate or others think to be clearly commanded or forbidden; for they may think things commanded, to be forbidden, and things forbidden, to be commanded; but that which is in it self in such sort clear in the word, de jure, the Civil Magistrate in these days since Christs ascension, may and ought to command and forbid such things so cleared in the word, albeit de facto, oft-times he do ⟨p. 5⟩not. [Suitably inflicting punishments according to the nature of the transgressions] This clause needeth not much explication, being so plain of it self; some things commanded and forbidden in the Law of God, are of a smaller nature in respect of the Law of man, and in this respect 'tis true which is often said, that De minimis non curat lex, i. e. Mans Law looks not after small matters, but other things commanded or forbidden in Gods Law, are momentous, and of a higher nature, and though small in themselves, yet weighty in the consequence or circumstance. And in this case if he inflict a slight paper punishment when the offence is of an high nature; or contrariwise, when he inflicts that which is equivalent to a capital punishment, when the offence is of an inferior nature, he doth not punish suitably. There are sundry rules in the word in matters of this sort, as touching the punishment of Blasphemy, Idolatry, Heresy, profanation of the Lords day, and sundry other like matters of Religion, according to wch Magistrates of old have held, and others now may observe proportions, in making ⟨p. 6⟩other particular Laws in matters of Religion, with sanctions of punishments, and inflicting the same, they inflict suitable punishments: Only let it be here remembered, that though we grant the Civill Magistrate his power thus to command, forbid and punish in matters of Religion, clearly re•ealed in the word, ye• it is one thing what he may and must do, and another thing when and how he must exercise his power to all persons under his Jurisdiction;
3 Hence he is not to limit to things indifferent, which are neither commanded, nor forbidden in the word, without apparent expediency or inexpediency of attending the same. By that expression [cleerly] commanded or forbidden in the word, we understand that which is cleer, either by express words, or necessary Consequence from the Scripture; and we say cleerly commanded or forbidden in the word. Not simply that which the Magistrate or others think to be cleerly commanded or forbidden; for they may thinke things commanded, to be forbidden, and things forbidden, to be commanded; but that which is in it selfe in such sort cleer in the word, de jure, the Civil Magistrate in these days since Christs ascension, may and ought to command and forbid such things so cleared in the word, albeit de facto, oft-times he doe ⟨p. 5⟩not. [Sutably inflicting punishments according to the nature of the transgressions] This clause needeth not much explication, being so plaine of it selfe; some things commanded and forbidden in the Law of God, are of a smaller nature in respect of the Law of man, and in this respect 'tis true which is often said, that De minimis non curat lex, i. e. Mans Law looks not after small matters, but other things commanded or forbidden in Gods Law, are momentous, and of a higher nature, and though small in themselves, yet weighty in the consequence or circumstance. And in this case if he inflict a slight paper punishment when the offence is of an high nature; or contrariwise, when he inflicts that which is equivalent to a capitall punishment, when the offence is of an inferiour nature, he doth not punish sutably. There are sundry rules in the word in matters of this sort, as touching the punishment of Blasphemy, Idolatry, Heresie, prophanation of the Lords day, and sundry other like matters of Religion, according to wch Magistrates of old have held, and others now may observe proportions, in making ⟨p. 6⟩other particular Laws in matters of Religion, with sanctions of punishments, and inflicting the same, they inflict sutable punishments: Onely let it be here remembred, that though we grant the Civill Magistrate his power thus to command, forbid and punish in matters of Religion, cleerly re•ealed in the word, ye• it is one thing what he may and must doe, and another thing when and how he must exercise his power to all persons under his Jurisdiction;
