3. That which now remaineth in this head to be con- sidered is, concerning persons maintaining and upholding any great and pernicious errors, but in such ways, as are not by any of the former disorders to be brought under the cognizance of the civil magistrate, but good, honest, allowable, and peaceable in themselves, not at all to be questioned, but in reference to the things that are carried on in and by those ways; as communication by discourse, and private preaching, and the like.
Now concerning these it is generally affirmed, that per- sons maintaining any error in or against any fundamental article of faith, or religion, and that with obstinacy or per- tinacy, after conviction, ought to be proceeded against by the authority of the civil magistrate, whether unto death or ba- nishment, imprisonment or confiscation of goods.
(1.) Now unto this, supposing what I have written here- tofore, concerning the incompetency of all, and the non-con- stitution of any judge in this case, with the answers given at the beginning of this treatise to most of the places pro- duced usually for the affirmative, I shall briefly give in my thoughts ; reserving the consideration of pressing conformity to the next head to be handled. And,
[1.] That I cannot but observe, that in the question itself there are sundry things gratis assumed. As,
1st. That it is known and confessed, what articles in re- ligion are fundamental, and this also to the magistrate ; when no one thing among Christians is more questionable, most accounting them so (be they what they will) wherein they differ from others. So that one way or other, all dissenters shall be hooked in, directly or indirectly, to clash upon fun- damentals. In this Papists are secure, who make the church's propositions sufficient to make an article fundamental.
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2dly. That the persons holding the error are convinced, when perhaps they have been only confuted, between which two there is a wide difference. He that holds the truth may be confuted, but a man cannot be convinced but by the truth. That a man should be said to be convinced of a truth, and yet that truth not shine in upon his understanding, to the ex- pelling of the contrary error, to me is strange. To be con- vinced is to be overpowered by the evidence of that, which before a man knew not. I myself once knew a scholar in- vited to a dispute with another man, about something in con- troversy in religion; in his own, and in the judgment of all the by-standers, the opposing person was utterly confuted; and yet the scholar within a few months, was taught of God, and clearly convinced, that it was an error which he had maintained, and the truth which he opposed ; and then, and not till then did he cease to wonder, that the other person was not convinced by his strong arguments, as before he had thought. May not a Protestant be really worsted in a dis- pute by a Papist? hath it not so ere now fallen out? If not, the Jesuits are egregious liars. To say a man is convinced, when either for want of skill and ability, or the like, he can- not maintain his opinion to and against all men, is a mere conceit. The truth is, I am so far from this morose severity of looking upon all erring persons as convinced, that have been confuted; that I rather in charity incline to believe, that no erring person, whilst he continues in his error, is convinced. It will not easily enter into my dull apprehen- sion, how a man can be convinced of an error, that is en- lightened with a contrary truth, and yet hold that error still. I am loath to charge more corrupt and vile affections upon any, than do openly appear. That of Paul, affirming that some men are self-condemned, is quite of another nature. I think a person is said to be convinced, not when there is a sufficiency in the means of conviction, but when there is such an efficacy in them, as to lay hold upon his understanding.
3dly. That they are obstinate and pertinacious is also a cheap supposal, taken up without the price of a proof. What we call obstinacy, they call constancy ; and what we condemn them for as pertinacy, they embrace as perseverance. As the conviction is imposed, not owned, so is this obstinacy; if we may be judges of other men's obstinacy, all will be plain ;
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but if ever they get uppermost, they will be judges of ours. Besides, I know not what good it will do us, or how it will advantage our cause, to suppose men obstinate and con- vinced, before we punish them, no such qualifications being any where in the book of God urged in persons deserving punishment: if they have committed the crime, whereunto the penalty is annexed, be they obstinate or not, they shall be punished.
[2.] But now supposing all this, that we are clear in all fundamentals, that we are convinced that they are convinced, and doubt not but that they are obstinate ; if they keep themselves in the former bounds, what is to be done ? I say, besides what we spake at the entrance of this discourse, I shall as to any ways of corporal coaction and restraint, op- pose some few things.