relation between them and you being such as Fast and Pray and Mourn and Rejoyce yea Eat and Drink with you daily at the same Table of the Lord and are intrusted with the Care of your Souls from the hand of Christ This cannot be where the Pastoral or Ministerial Work is divided and the Keys of the Church hung apart Those that instruct us not nay are Strangers to us Rule over us Rebukes and Chastisements in this spiritual way are from those whose Faces we never saw or know so much as by name It 's true we may argue thus They are strangers expect no favour therefore or mercy from them if you offend this procures Obedience indeed but it is in a servile way The mind of Christ is that as our Submission to himself so to his Ministers who even in Censures act in his Name be affectionate filial and drawn by the cords of love Thus have I gone through with the Instances promised with what brevity the nature of the matter would permit By which it is not intended to parallel these Societies in respect to the intrinsick Form of Government peculiar to each for that in a Church is from the Institution of Christ rather than the light of Nature but the more general state and habitude of Ecclesiastical Government as Churches stand disposed to the Civil Magistrate or one to another and what the light of Nature and common Reason contribute hereunto being so much insisted upon What hath been said I hope tends to Union and Accommodation Those that hold any spiritual Government Jure Divino and by the appointment of Jesus Christ do not deny it to a particular Church And those that hold none yet are at a lesser distance from such who claim so-little CAP. VI. A second Objection Of the Jurisdiction over Particular Churches in Synods Ecclesiastical Courts c. § 1. as exercised with us § 2. and in other places Object 2. THere are Synods Consistories Colloquies and other Ecclesiastical Courts which exercise an Authority in spiritual matters over Churches Therefore that of the Magistrate before mentioned is not so necessary Answ It is humbly denied and asserted That these greater Assemblies a Synod Classis Coloquie and the like either have no such coactive Jurisdiction as we mentioned or are dependent upon the Civil Magistrate for it This we shall shew by declaring more fully what Ecclesiastical Power is exercised by Synods or such Courts 1. In this Kingdom 2. In other Reformed Churches The Ecclesiastical Courts in this Kingdom are of two sorts 1. There are we know Spiritual Courts so termed such as the Prerogative the Arches Court of Faculties the Archdeacons and Commissaries Courts These claim only from the Civil Powers as was shewed before Pag. 45 46. In the Statute of 37 Hen. 8. c. 17. it is declared That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings Apol. Part 1. Cap. 1. if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canous published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow approve The Licence to the Convoc in Anno 1640. confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Syond and nominate each particular Person of what Quality and of what Number of His Natives as He shall please Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. and give them like Authority in Ecclesiastical matters So was that
otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at last will be brought to a Tribunal that is Infallible Licitumest saith P. de Aragon in re grave cuique causam suam defferre ad sedem Apostolicam Aragon in 2.2 q. 69. a. 3. D. Th. quando vel ex imperitia vel ex Passione inferiorum judicum qui homines sunt ac decipi possunt injuriam patitur The Pope cannot be deceived he is more than a Man 2. Matters of Fact by reason of Appeals come to be sentenced at a great distance from the place where the Crime and Offence lieth which in Worldly Concernments may with more Righteousness be done than in what is Spiritual and of Church Cognizance 1. Transgressions come under a Civil Judgment as materially considered and according to the gross Act but brought to the Church not as Sins simple but as Scandals and Offences which is a Consideration not so obvious but requires good judgment in the Witnesses as well as in the Judges The Obstinacy also or Penitency of the Person offending accordingly as Testimony shall be given of either is a more difficult matter to make out than either the Sin it self or the Scandal Repentance Godly Sorrow or the contrary is the principal thing to be regarded in Church-process Repentance I say in truth and sincerity so far as we can judge in a seeing and not blind charity It is not only the Passion Sorrow or Shame but Godly Sorrow which is more spiritual and deeper in the heart and requireth much and particular knowledge of the Person and his temper and such as cannot be attained at a distance but by frequent and familiar Converse To sit in the Stool of Repentance stand in a White Sheet or do Penance as it 's termed these are as the fruits of the flesh manifest and judged of at the greatest distance it 's not so deep Prov. 20.5 as we need much understanding to draw it out 2. The Censure whether binding or loosing is to be executed always by the particular Church where the Offender is a Member those persons above all others are to have a particular knowledge of his Crime and true Repentance they are to forgive and confirm their love 2 Cor. 2.7 Mat. 18.15 17 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. The Execution of the Censure being by each Brother of that Church it is necessary the Examination of the matter be before them Spiritual Duties are not to be performed upon an implicit Faith What knowledge but by remote heresay can a Church in the Orchades have of a mans repentance or obstinacy the ultimate tryal and cognizance whereof is taken by a Synod at Edenhurgh Civil censures are for Satisfaction of the whole Nation and not the Parish or Borough only where the crime was committed but in a Church-censure the particular Assembly being only and no other Congregation or person morally leavened and charged with the offence are principally and in the first place concerned to have satisfaction of the repentance and submission of the person offending For by this means only their Lump or Church becomes again unleavened Disparity 4 4. The other End before mentioned and Vse of Appeals is that our Judges and their Sentence be censured and judged by superior Tribunals To which proceeding Vnaequaque res per quascunque res nascitur per easdem dissolvitur the Judges in Civil Judicatures are liable but there is not the like Subordination in Churches for these Reasons 1. All the Power and Authority placed in their Inferior Courts is no other but the influx of the supream Civil Powers to whom we always make our last Appeal and therefore proper to them to suspend Actings nay utterly to destroy in part or in whole what Jurisdiction is derived from them as appears in the Constitution of all Kingdoms But it is not so here a particular Church The Court we are to Appeal from hath not its Being or Jurisdiction from a Classis or Synod * Ecclesia Parochialis est Ecclesia vera essentialiter integraliter absque ulla correspondentia vel Synodo Voet. de Syn. pag. 13. Parker de Polit Eccles lib. 3. cap. 13. It is an authoritative unchurching of an obstinate Church we plead for Ruth peaceable Plea cap. 15. p. 223 and p. 222. Excommunication is an authoritative unchurching these rather derive their Power from it being Representatives only as our Brethren have formerly written Particular Churches they term Ecclesiae primae and Synods Ecclesiae ortae Again if Synods as they grant exercise over Churches a Power only cumulative not destructive How can they Excommunicate a Church seeing Excommunication renders a Society as Heathens and Publicans which is to unchurch them as Mr. Rutherford rightly affirms 2. Although whole Churches may be punished for male Administration by the Civil Magistrate yet may not an Ecclesiastical Power meerly such do the like for to destroy or save whole Societies for the Evil of a major part or a few persons is the prerogative of the Lord himself which he communicates also in some cases to Civil Magistrates his Deputies but in no case to Churches it being an Authority high and Princely and not at all sutable to such as have only a Ministry and not a Dominion Bishop Davenant tells us That a Censure is not to be drawn on the whole Body of the Church Brotherly Communion c. 9. p. 102. for as the Laws forbid to Excommunicate a Society or Corporation because it may happen that those that are innocent may be intangled in the censure So Right and Religion forbids to exclude whole Churches from the Communion of the Faithful because this cannot be done without an injury and contempt to many that be innocent What ever formerly of this same unchurching power in Synods hath been asserted yet since upon further debate we are told this same Excommunieating of whole Churches is a thing not known in the Presbyterian Government and not the Churches but particular persons in the Churches are censured Assemb disputes pag. 180. But how can we say single persons only are to be censured and not the whole Church Whenas we know the contending parties of what condition soever are both equally liable to the Censure of the Judge Now when matters are brought by Appeal to a superior Court the Court Appealed from is a Party and in this respect upon no higher terms than the pars appellans though a single person But grant it be so and that the object of a Censure from a Synod be only particular members Excommunicatio ejusque denunciatio post appellationem legitimam latam est nulla Nardus p. 53. col 2. Then 1. Churches cannot have such a remedy as in Civil States for Appeals of this Nature are not to be made to any but persons invested with such a power as may
exercised about the concernment only of a particular Congregation and therefore we may well assert with that learned Bishop B. Sanderson of Episcopacy pag. 24. It 's very hard to give a satisfactory difference betwixt such an Ecclesiastical Power and the Oeconomical both claiming by Divine Right why the one should be more injurious to Regal Power than the other We can further say the Power we claim is no other but such also as hath been always owned by our Laws and Writers of Note to be immediately from God and peculiar to his Holy Service and the Sacred Function of the Ministery with those other Parochial Duties as to Preach the Word Administer Sacraments and the like The word Sacraments and the use of the Keys saith B. Bilson are things comprised in the Church lie not open with other State-matters and by God commanded to the Church Of Supremacy p. 170. 227. Against Harding p. 6. c. 9. D. 1 2. Also D. Field of the Church lib. 5. c. 53. and are subject to no mortal Creature Pope or Prince We teach not Princes saith Bishop Jewel to offer up Incense or Sacrifice asVzziah did or to preach or administer Sacraments or to bind or to loose Each of these Duties are such and so spiritual as our Princes openly and in their Laws disown them as not depending upon their Administration or Authority In the 37th Article of the English Confession it is thus We give not to our Princes the Ministring either of God's Word or the Sacrament And in the Admonition c. Kings and Queens of this Realm Possessors of the Crown challenge not Authority and Power of Ministery of Divine Offices in the Church II. The Power or Jurisdiction exercised over these particular Assemblies or their Officers hath its station in a higher Region and such as in which all Christian Magistrates in the world judge themselves interessed and that what is done in this kind by any Person or Assembly be by a Power derived from them and subordinate to them So our Law 27 H. 8. c. 17. The Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty And in the Statute of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Authority either Foreign or IN THE REALM but by the Authority of His most Excellent Majesty It is evident therefore that those Superior Powers of what Form or Denomination soever they be that are over these Congregations have their motions in Caesar's walk But the holy and spiritual Duties peculiar to particular Congregations are expresly remitted to them and their Ministers as the things of God and not of Caesar 3. Our situation is low and quite beneath those Orbs wherein the transactions of a National concernment move and are managed How Religion and Reformation thrive in a Nation and is encouraged by the Governors thereof we have a sence and form our thoughts and most effectual prayers and endeavors accordingly We are engaged hereunto as Members of the Catholick Church and particularly concerned in the welfare of our Native Countrey otherwise our Principles are to keep within our Congregational Precinct and not to give Laws or exercise Power over others or to engage our selves unless thereunto by Authority called in more publick Affairs Nor do we believe as we have jointly professed there is Power given by Christ to any Synod or Ecclesiastical Assemblies to Excommunicate Confession of Faith pag. 61. Sect. 22. or by their Publick Edicts to threaten Excommunication or other Church-Censures against Churches Magistrates or their People upon any such account And therefore we may be freed from the jealousie of being Troublers or Retarders of others in the work of Reformation or publick Settlement Or were we or could we be so in the Reformation not long since attempted otherwise than by not joining to further what our Consciences were not clear in or in not putting our neck voluntarily into a Yoke we conceived was not Christs and therefore would not be easie in the service of Christ 4. We have been blamed more than once for this Surname INDEPENDENT though a title not of our own choice as an insolent assuming Epist ad Buch. pag. 91. Miror etiam viris piis c. saith Spanhemius Truly I marvel that holy men so I judge them though dissenting from us should not themselves be dissatisfied with the very title an Independent Church which seems to me not to stand with the modesty of Christians The defects of all men through the blindness of their minds since the Fall is so great and obvious as no Person or Society can assume to it self an INDEPENDENCY in this respect without intollerable Pride Independency in respect of Power only is another thing Power simply and in it self is no Virtue though Justice Prudence and Fortitude by which it is managed are Not to be in Power is no Sin nor Moral Defect more than not to be Rich or in Honour It is not so much the Praise as the Charge of him that receiveth it the honour and glory of him that can give it of him only it hath its proportion and doth not become greater or less from any worth or industry found in those that receive it as Moral Virtues do Power doth not vary in its kind though the wisdom and ability to manage it be greater or less in him that hath it So that Power whether absolute or limited whether dependent or independent is a most inconsiderable thing in its self to be proud of or glory in If saith the Apostle there be any virtue if there be any praise Phil. 4.8 It is Virtue not Power we should be ambitious of being an excellency in it self and without it Power will be but a lifting us up to our own destruction Whatsoever Virtue or Gift is desirable for the manage of that Power Christ hath intrusted us with we further seek after in consulting other Churches and endeavour that all matters difficult and of common concernment may be proceeded in with joint consent We professedly depend upon Synods for Counsel which comes forth ordinarily from such Assemblies better digested and in a more perfect maturation their part being to advise and give Councel onely for men will not easdy spend much time to untie a knot if there be a knife at hand to out it 5. The Apostle Paul amongst other Reflections met with this from the false Apostles who gave him out in their reckoning as one that made some carnal advantage the scope of his Opinions 2 Cor. 10.2 3. with this hard measure we have met from first to last I am therefore willing to leave some account in the hand of my Friends being now aged and near my period of those Principles that have long through grace kept me and others steady in this perswasion Not only in and through these late Changes and Disputings but divers years before and when no such Encouragements were as are surmised to be our aim but the contrary The Apostle inserts in the midst of his Church-Disputes a whole Chapter in the praise of Charity and tells us in seeking our own for want hereof we are easily provoked and behave our selves unseemly 1 Cor. 13. and apt to think and surmise evil As for me to use David's words the Lord hath upheld me in mine integrity The reflecting thoughts whereof Psal 45.12 have been as the consolation of God in my Soul when I lay many days together by the Graves side Providence hath brought me back into a troublesom world where with patience and perseverance through Christ I shall wait until my Course be finished following peace with all men in the way of holiness without which no man shall see God P. NYE FINIS
The Oath of Allegiance I A B do truly and sincerely acknowledg profess testify and declare in my Conscience before God and the VVorld that our Sovereign Lord KING CHARLES is Lawful and Rightful KING of this Realm and of all other his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to Depose the KING or to dispose any of his Majesty's Kingdoms or Dominions or to Authorize any Foreign Prince to invade or annoy Him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give License or Leave to any of them to bear Arms to raise Tumults to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart That notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made and granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown or Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I further swear That I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my Conscience am resolved that neither the Pope nor any other Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good full Authority to be Lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these Things I do plainly and sincerely acknowledg and swear according to these express VVords by me spoken and according to the Plain and Common Sence and Understanding of the same VVords without any Equivocation or Mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God The Oath of Supremacy you may see at large in this Book page 2. THE LAWFULNES OF THE Oath of Supremacy AND Power of the King IN Ecclesiastical Affairs With Queen Elizabeth's ADMONITION declaring the Sence and Interpretation of it confirmed by an Act of Parliament in the 5th Year of her Reign Together with a Vindication of Dissenters proving That their particular Congregations are not inconsistent with the King's Supremacy in Ecclesiastical Affairs With some Account of the Nature Constitution and Power of the ECCLESIASTICAL COVRTS By P. NYE a Congregational Divine sometime Minister in London In the Epistle to the Reader is inserted King James's Vindication and Explication of the Oath of Allegiance LONDON Printed for Jonathan Robinson in St. Paul's Church-Yard and Samuel Crowch in Cornhill 1683. The Publisher to the Reader THE reprinting of this judicious and learned Treatise of Mr. Nye 's is occasioned by the re-imposing of the Oaths of Allegiance and Supremacy on the City of London at this Juncture for Election of Common-Councel-Men some supposing that many Dissenters will refuse the said Oaths or at least that of the Supremacy but by what is here said it will appear King James in his Catalogue of Tortus's Lies saith The Puritans do not decline the Oath of Supremacys but do daily take it c. and the same Supremacy is defended by Calvin himself Instit l. 4. c 20. Bp Andrews says the same Tortura Torti p. 110. that the Principles of Dissenters are not inconsistent with the King's Supremacy in Ecclesiastical Affairs and as a further Testimony hereof as they have* formerly so they are again ready to take the said Oaths and professedly assent also to all the Articles of Religion which concern only the Confession of the true Christian Faith and the Doctrine of the Sacraments comprised in a Book entituled Articles c. printed 1562 and so do humbly hope living peaceably under his Majesties Government they shall obtain that Indulgence which his Majesty hath often graciously promised and which they formerly enjoyed his Majesty having told us in his Declaration for Indulgence It being evident by the sad Experience of twelve years that there is little fruit of forcible courses And in his gracious Speech Febr. 5. 1672 assured the Parliament that he had hitherto found the good Effect of the said Indulgence The Reverend Author hath said nothing of the Oath of Allegiance supposing no Protestant scruples that unless it be such as scruple all manner of Swearing but that all may understand the nature and design of both I will here insert the Words of King James in his Apologie for the Oath of Allegiance p. 46 c. in his Answer to Card. Bellarmin 's Letters Viz. As the Oath of Supremacy was devised for putting a Difference between Papists and them of our Profession so was this Oath of Allegiance which Bellarmine would seem to impugn ordained for making the Difference between the civily obedent Papists and the perverse Disciples of the Powder-Treason In King Henry Eighth's time was the Oath of Supremacy first made by him were Thomas Moor and Roffensis put to death partly for refusing it From his time till now have all the Princes of this Land professing this Religion successively in effect maintained the same and in that Oath only is contained the King's Absolute Power to be Judge over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions Whereas this last made Oath containeth no such matter only medling with the Civil Obedience of Subjects to their Sovereign in meer Temporal Causes And that the Injustice as well as the Error of Bellarmin's gross mistaking in this Point may yet be more clearly discovered I have also thought good to insert here immediately after the Oath of Supremacy the contrary Conclusions to all the Points and Articles whereof this other late Oath doth consist whereby it may appear what unreasonable and rebellious Points he would drive my Subjects unto by refusing the whole Body or that Oath as it is conceived For he that shall refuse to take this Oath must of necessity hold
the Punishment which as yet stands is greater The first Refusal of the Oath brings the Person within a Praemunire and if tendred a second time after the space of three Months and again refused by the same Person it is High-Treason This Severity in the Punishment is recompensed with a more gentle and indulgent Interpretation of the Oath as will appear in the following Section As we are not to swear rashly so our Laws do not give Oaths rashly but with great care and tenderness weighing and considering both the Matter Persons Penalties and the Season or Occasion being not willing their Laws or Punishments for breaking of them be a Snare or at any time more grievous to the Subject than the Necessity of State requires § 4. The true Scope and Sence of this Oath may be gathered from the Laws and Statutes since established and some Light also from other Writers of Note Queen Eliz. within a little time after this Oath was reduced to the Form wherein now it stands in an Admonition annexed to the Injunctions declareth the Sence and Interpretation of it as followeth The Admonition annexed to the Queen's Injunctions THe Queen's Majesty being informed that in certain Places of this Realm sundry of her Native Subjects being called to Ecclesiastical Ministry in the Church be by sinister Persuasion and perverse Construction induced to find some scruple in the Form of an Oath which by an Act of the last Parliament is prescribed to be required of divers Persons for the Recognition of their Allegiance to her Majesty which certainly neither was ever meant ne by any equity of Words or good Sence can be thereof gathered would that all her Loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty Allegiance or Bond required by the same Oath than was acknowledged to be due to the most noble Kings of famous memory King Henry the Eighth her Majesty's Father or King Edward the Sixth her Majesty's Brother And further her Majesty forbiddeth all manner her Subjects to give ear or credit to such perverse and malicious Persons which most sinisterly and maliciously labour to notify to her Loving Subjects how by the Words of the said Oath it may be collected the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministry of Divine Offices in the Church wherein her said Subjects be much abused by such evil disposed Persons For certainly her Majesty neither doth ne ever will challenge any other Authority than that was challenged and lately used by the said noble Kings of famous memory King Henry the Eighth and King Edward the Sixth which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have the Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other Foreign Power shall or ought to have any Superiority over them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another Ad leges per se requiritur potestas in persmam secunderio in res altas Suarez de Le◠lib. 1. cap. 8. the one of Causes and the other of Persons Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Ox which goreth a Man that he dieth Fxod 21.29 yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9 10. Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and
Nature but from the Quality of the Persons who were made Judges of them They being spiritual Men the Causes come to be called spiritual Causes after their Names and Quality that were set over them These Causes growing and increasing in after-times according as spiritual Persons were able by the Popes assistance to rifle from Princes the managing of them require more hands than those to whom first committed namely the Bishops and such as were in holy Orders they therefore took in for Assistants a great number of others as Archdeacons Chancellors Commssiaries Officials c. and these are denominated Spiritual from those Causes and their assistance of Bishops in the managing of them and their Courts Spiritual Courts There are Persons that are truly spiritual The spiritual Man saith Paul judgeth all things 1 Cor. 2.14 and Gal. 6.1 Ye that are spiritual c. That is such as have Grace and Holiness He also that hath spiritual Gifts and in a Gospel-Office or Calling is a spiritual Person 1 Cor. 14.37 a Man of God 2 Tim. 3.17 1 Pet. 2.5 And there are Matters or Causes that are truly spiritual as the Law is spiritual Rom. 7. The Gospel and preaching of it is a sowing of spiritual things 1 Cor. 9. the Worship and Service of God 1 Cor. 12. and 14.12 and all Gifts and Ordinances of Christ are spiritual Yea whatsoever things natural or moral that are helps to the Persons worshipping and by which the Worship it self becomes more orderly and to Edification and in the defect whereof the Name of God is taken in vain and Ordinances of Christ become less acceptable and effectual these Things and Circumstances in some sence may be termed Spiritual or Ecclesiastical Persons and Causes of each sort whether vulgarly or properly termed Spiritual or Ecclesiastical are some way or other under the Magistrates Government The former of these those spiritual Persons and Courts and Causes appertaining to them in the first framing of this Oath were principally if not only intended and aimed at as appeareth in the Statutes before mentioned And indeed the greatest Contention between the Pope and our Princes in all time hath been about Ecclesiastical Matters of that nature being then judged of greatest prejudice in respect both to the Honour and Wealth of this Nation For those matters more truly spiritual and nearly relating to God and his Service the Ignorance of the times was such his Impositions both in Doctrine and Worship though very sinful unsound and superstitious were generally recelved by Prince and People in this Nation without resisting or complaining There can be no question but these matters being indeed temporal properly belong to the Secular Powers For for the space of three hundred Years this Distinction was not known saith Sir John Davis or heard of in the Christian World the Causes of Testaments Matrimony Sir J. D. in his Reports the Case of Premunire c. termed Ecclesiastical or Spiritual were meerly Civil and determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other § 1. THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority this is peculiar to rational Creatures Job 40.18 and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself ever others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority
to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power § 2. What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Stat. 20. Hen 8. c. 12. Both Authorities and Jurisdictions joyn together and the one helps the other § 3. Their Differences are in these Particulars 1. Though both have in their respective way to do with both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Rev. 1.16 Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 church-Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Deminium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction
even to the Churches of Christ And although it should not be a good reasoning to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars a Chron. 8 14. many of them being Prophets as well as Princes yet the Benefit and Usefulness of such Power may be the same unto us as unto them both in respect of Terror to Evil-Doers and Praise to them that do well Though an Argument from Circumcision applied to Infants will not weigh with some because they deny Baptism to be a Sacrament of that Nature Yet this cannot be denied by them that if an Infant be capable of Benefit by an Ordinance it understands not Infants may as lawfully in that respect be baptised whille Infants as they were then circumcised The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government will argue at least that there is a Capacity in Men now to receive Benent and Good thereby even in spiritual Matters as they did then which is all that is aimed at 4. As it is the Duty of each Person Col 2. so of Churches to walk wisely towards them that are without that their Order may be looked upon not only with Rejoycing by Neighbour-Churches but such as may appear amiable and comely in the Eyes of all Men. There are many things common to all Societies which Nature and civil Customs instruct us in and are especially to be heeded by Churches For as the things Moral and Lovely in the Eyes of Men being neglected by Professors the Gospel will suffer so much more if by Churches The outward Beauty of these Christian Assemblies consists very much in what is requisite and comely in all human Societies as Unity Love Peace brotherly Forbearance c. Let all things saith the Apostle Phil. 2. be done without murmuring or disputing Paul charged the Church of Corinth with this that there were Debates Envyings Wrath Strifes Back-bitings Whisperings Swellings Tumults 2 Cor. 12.20 and the like amongst them There may be Wrongs and Oppressions in Churches as in other Assemblies Innocent Persons impeached and censured as Schismatiks Seditious and Disturbers of the Peace and no Remedy but from the Civil Magistrate Paul appeals from the Church to Caesar a Secular Prince expecting from him though a Heathen more Justice then from his Brethren being Parties and in their own Cause For where Parties are Judges the Sentence is passed before the Cause is heard As a Church may be offended so they may 1 Cor. 10 32. and oft-times do give Offence as well as single Persons It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whither single Persons or Assemblies And the Truth is if such Assemblies that is Churches be not under the Magistrates Jurisdiction they are under none and will be at a loss in respect of all those Advantages before mentioned The Vsefulness of this Power being declared so fully it will not be difficult to evince the Necessity if it that is to the well-being of Churches For whatsoever thing is useful in Spiritual Affairs is in the same degree necessary I argue thus If the Ruling and Coercive Power in a Church extends it self no further than its own Members if one particular Church cannot suspend excommunicate or exercise any the like Jurisdiction over another it will then follow vvhatsoever benefit or advantage Churches or their Members are supposed to have and reap by being under any external Ruling Power here on Earth this may and ought to be expected from the Magistrates Ecclesiastical Power and no other His being the only Power that is of such an Extension and Compass as to be over all Persons and Societies without his Dominion For the further Explication and Confirming of what is asserted I shall lay down some Considerations and then answer Objections Purposely enlarging upon this Argument as tending much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these Consid 1 There is no Power or Authority either in Church or Magistrate that doth directly and immediately compel or enforce the Soul Pains Penalties Restraints bodily Punishments or what comes nearer and is more spiritual as Admonition Suspension Excommunication or the like ' When Persons in any of these ways are judged and censured by the Church or Magistrate or both it hath its Fruit and effect in respect of Morals only in a more remote and circular way as by working upon the Judgment and Affections for there is no created Power can reach the Soul to put upon it any immediate Force or Restraint further than by applying such means discovered by the Scripture or Light of Reason as are apt and sutable to set the Soul and Conscience of a Man to work upon it self We term it Coercive in difference from what is only directive and perswasive for according as the Lord hath appointed means to this or that end accordingly he works and so we ought to judg and speak Now besides means appointed for Instruction and Perswasion God also hath added Discipline a means morally coercive which hath Pain and Shame it 's a Punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Destruction of the Flesh therefore a means morally Compulsive and more than meerly perswasive the Rod and Reproof is more than a single Reproof 1 Cor. 4 21. Prov. 29.15 Prov. 29.19 it is a Correction which is compulsive a Servant will not be corrected with Words To make all but directive is to confound the Keys The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart Mr. B. in his first Dispute p. 6. but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment There is the Word read Gospel preached and visible Seals we are to judg a greater and more effectual Exhibition of Christ in the one than in the other yet all alike to a carnal and unbelieving Soul Consid 2 2. There are two great and Catholick Bodies or Kingdoms immediately and invifibly governed by the Lord and his Christ The World and the Church made up each of lesser Corporations as Cities Families particular Churches c. I say invibly and immediately for as God is invisible so what he acts immediately he acts invisibly As the Church is distinguished into visible and invisible so is the Power by which it is governed Invisible as in a secret and mysterious way and immediately from the Lord And thus are all Kingdoms Nations Tongues and Languages united as in one even the great bulk of Mankind as also the Catholick Church that great Body of Saints they are all thus governed by the Lord and by the Lord alone and not by Man Visible as where these great Bodies of Men and Christians come to be cantoned parcelled and formed into Political Bodies governed by Men
Whit. Tract 3. c. 6. p. 181. in an external and visible way These visible Bodies are either greater and containing as Empires Kingdoms Provinces c. Or those that are less and contained as Cities Colledges Parishes Families and the like whether they be Civil or Ecclesiastical These lesser though they have the Compleatness of a Body or Corporation each in its kind and sufficient Power to govern it self yet not to govern one another A Church hath not Authority to govern a Church nor a Family or the chief in it to govern a Neighbour-Family The Light in the least Star is sufficient for it self but not to rule the Day or the Night as the Sun and Moon These lesser Bodies are therefore so composed in their several Regiments that many of them together may lie in the Bosom of a greater Corporation and it will be for their better and more comfortable subsisting and Government There is no external Coercive or ruling Power that falls in and fills up the space betwixt those great and Catholick Bodies the World and the Church and those lesser and lowest Regiments and Societies but what is or ought to be expected by or from the Civil Magistrate who is to be acknowledged of his Subjects whether Ecclesiastical or Civil under God to be over all Consid 3 3. These lesser Societies therefore ordinarily are found under a twofold Regiment or Discipline The one intrinsecal and peculiar which in Families is received from the Light of Nature and from the Light of Institution in Churches The other more General and Common And these lesser Bodies come under it by reason of their Situation being within the Confines of such a Republick they are under the Jurisdiction of the Princes thereof De Episc lib. 3. c. 5. Each Prince saith Mason hath Power in subditos suos ac proinde in Ecclesiam modo subditi sunt Ecclesiae If situated where there is no formed Common-wealth King or Supream Power over them they are as a Free-State each Family City and Church immediately under God and Christ and no other Power but what it hath in it self which being a Power not derived from the Magistrate but peculiar to a Family or Church remains in them though no Magistrate Such was the Family and Church-state in the time of the Patriarchs for two thousand Years Consid 4 As it is a Happiness to a People that live in Empires and Kingdoms that these are parcels of that World which hath the righteous God to govern it who is the King of Kings and Lord of Lords 2 Kings 19.15 So is it likewise to these lesser Bodies a Family or a Church that they are situated under the Wing of a Christian and well-governed Common-wealth Where their Governours may be under some Government and in Wrongs and Disorders they may have the Benefit of a Magistrate's Authority to appeal unto CHAP. V. 1. The first Objection answered 2. The Government of a particular Church hath Affinity with that of lesser Bodies more than with the Government of Empires and Kingdoms Object § 1. IT may be objected that Churches are spiritual Corporations and of a more peculiar Consideration in respect of their Government and therefore not to be reckoned with Civil at least not with Families or such mean and low Societies Answ Policy or Government in it self and all the sorts of it is from the Light of Nature and common Reason And this is generally supposed by all that tho the Subject Matter or Persons governed be of different kinds yet the Law and Forms of Government may be the same where so appointed by Christ And I rather insist on such a way of Discourse and Reasoning as most suitable to the Subject I am upon but especially because Subordination of Churches to Churches is argued from the Light of Nature and in this very Case termed by our Brethren a Divine Topick Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth from the natural Wisdom and Prudence of Man in the Government and managing of Kingdoms there is as much a Jus Divinum and ground of reasoning from the Light that appears in the prudent Constitution and Government of any other civil Society I have mentioned in the Considerations Cities Families and those lesser and contained as I term them Societies or Corporations with particulars Churches Because I humbly conceive the Policy and Government of each tho in other things different to be more proportionable and of greater Similitude in many things then between particular Churches and those greater and containing Bodies Kingdoms Empires or the like Churches thus humbly constituted and governed are most consistent with Civil Magistracy of what Form soever the Common-wealth shall be In Confirmation of this Agreement or Similitude I shall take for the most part the Concessions of the learned of each Perswasion The Instances or Particulars are these § 2. 1. Families tho contained under the National Government where they are sinuated yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self so are particular Churches 1. They are intrusted with a Government each for it self It is not sufficient saith Mr. Perkins for a Church to have the preaching of the Word Perk. on Rev. 2.20 but Church-Government This Church speaking of Thyatira is blamed because she did not use the Authority God had given her There is given to the Ministers of each particular Congregation according to Episcopal Ordination established by our Law not only a Power to preach c. Take Authority to preach the Word of God but they are made Rectors Governours in those particular Churches and it 's said to them Whose Sins thou dost remit they are remitted and whose Sins thou dost retain they are retained by which Words the Keys of Discipline are given them see Bilson Perpet Govern p. 213. By Order of the Church of England saith Bishop Vsher all Presbyters are charged to administer the Doctrine and Sacraments Reduct of Episc p. 2. and the Difcipline of Christ as the Lord hath commanded and as this Realm hath received the same And that they might the better understand what the Lord hath commanded therein the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordination Take heed to your selves and to all the Flock among whom the Holy Ghost hath made you Overseers to * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so taken in Mat. 2.6 and Rev. 12.5 and 19.15 Ho. Eccl. Pol. lib. 3. Sect. 1. rule the Congregation of God which he hath purchased with his Blood Mr. Hooker tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the visible Church have mutual Fellowship and Society one with another In which Consideration the Catholick Church is divided into anumber of distinct Societies every of which is termed
a Church within it self not an Assembly but a Society A Church as we are now to understand it is a Society that is a number of Men belonging to some Christian-Fellowship the Place and Limits whereof are certain having communion in the publick Exercise of such Duties as are mentioned Acts 2.47 As those of the Mystical Church by their inward Graces differ from all others which are not of the Body and those that are of the visible Body of the Church have the Notes of external Profession Even so these several Societies or Churches have Properties belonging to them as they are publick Christian Societies And of such Properties it may not be denied that one of the very chiefest is Ecclesiastical Policy We use the name of Policy rather than Government because Church-Policy containeth both Government and also whatsoever besides belongeth to the ordering of the publick Affairs of the Church of God In which words he asserts not each particular Church to have Government in it self but this Government as a Property or Propriety by which it 's distinguished from the Mystical as also the Catholick visible Church So that he doth not as some of late make the Catholick visible Church the first Subject of the Keys but each particular Society or Church supposing that great Body of Christians to be only and immediately under the Spiritual Government of Christ Jesus 2. Compleat and sufficient It is not to be understood of such a perfection as may not with much advantage receive help both from the Power of the Magistrate as I have shewed before as also from the Counsel and Advice of other Churches But I mean an essential Compleatness or Sufficiency not being deficient in any material requisite for Government This that learned Author expresseth in those last Words ' We use the Word Policy saith he rather than Government because Church-Policy containeth both Government and also whatever besides belongeth to the ordering of the Affairs of the Church of God Every particular Church Against Whitgist lib 3 pag. 147. saith Mr. Cartwright having an Eldership is a Catholick Church of Christ under whom Pastors Doctors and Elders are the ministerial and immediate Governors In which Words he intimateth a Compleatness in each particular Church for Government and Privileges as much as if the Catholick visible Church were Organical Rutherf Due Right or Presbyt pag. 307. and a governing Church The Power of Jurisdiction saith one is as perfect and compleat in one single Congregation as in a Provincial as in a National yea as in the Catholick visible Body All Things are yours saith Paul to a particular Church 2 Cor. 3. Parker's Polit. lib 3. cap. 13. To this purpose Mr. Parker Sicut non para c. As a particular Church is not a maimed or half but a whole and perfect Body so it is possessed with the whole and entire Church-Government and not with a part only This Oeconomick and Domestick Power is intrinsick and essential to a Family 2d Instance and is a Power derived immediatly from the Lord by the Light of Nature and hath not its original from any Power on Earth Families being much more ancient than Common-Wealths So Government or Discipline is intrinsick and inseparable from the very Essence of a Church received immediately from Christ and not the Grant or Constitution of any Secular Prince or State Jackson of the Church cap. 8. § 5. Churches are endued saith Dr. Jackson with a Judicature immediately derived from Christ and independent upon any Earthly Power or any Power whatsoever on Earth whether Spiritual or Temporal Bilson of Suprem p. 171. Bishop Bilson expresseth it thus The Things comprised in the Church and by God himself commanded to the Church these Things are specified in pag. 227. to be the Word Sacraments and Vse of the Keys or Ecclesiastical Power and Cure of Souls are subject to no mortal Creature Pope nor Prince And those of another Persuasion are to the same purpose The Church saith Mr. Rutherford hath the Keys from Christ Peaceable Plea p. 300. equally independent upon any mortal Man in Discipline as in Doctrine Due Right of Presbyt cap. 9. § 9. A Power and Right to Discipline saith the same Author is a Property essential to a Church and is not removed from it till God remove the Candlestick and the Church cease to be a visible Church Potestas ipsa de jure c. Power saith Dr. Ames is so much the Right of a Church Cas cen lib 4. cap. 24. p. 4. as it cannot be separated because necessary and immediatly floweth even from the Essence of each true Church There are Authorities enow to be produced from the Writings of the Learned for the confirmation of this particular All grant there is a Government jure divino I speak not of this or that Form and by the appointment of Jesus Christ It is denied by none but Erastus and those that follow him who may as well deny Praying Preaching or Sacraments jure divino It is as expresly ordained that Discipline be exercised in the Name of Christ as to preach pray or baptize in his Name There are certainly Things of God that are not the Things of Caesar And if those Things upon which Christ hath put his Name be not peculiarly his I know not where we shall find the Joint As we say there were Families so particular Churches before any Commonwealths were and Christian Churches and Discipline exercised many Years before any Emperors or Kings were Christian And therefore as Families have many Privileges so peculiar and by the Law of Nature so much theirs as are never touched or infringed by the Supreme Power of any Nation So likewise it is with Churches they have very many Privileges so evidently theirs from the Law of Christ and their spiritual Constitution as Christian Magistrates will do their utmost to preserve and cherish and not in the least infringe It is a part of Magna Charta Concessimus Deo hac presenti Charta confirmavimus 3 Hen. 3. cap. 1. pro nobis Heredibus nostris in perpetuum quòd Ecclesia Anglicana libera sit habeat omnia jura sua integra Libertates suas illaesas And it is mentioned in the Oath our Kings take at their Coronation that He shall keep and maintain the lawful Rights and Liberties of the Holy Church A third Particular 3d Instance or Instance of what we have supposed in the former Considerations is this The lesser Corporations Cities Families and the like have not Authority or Jurisdiction one over another It is the same with Churches each having the Fountain and Original of their own Power as before is shewed immediatly proceeding from Christ in themselves and not elsewhere or one from another cannot by any Art or Device of Man be made to rise up above it self as it doth if one Church exerciseth a Power or Jurisdiction over another There is
no Invention of Man that by contriving Pipes or any other Artifice can make Water freely and naturally run higher than the Spring-Head Tho that Jurisdiction which hath its rise in a particular Church be pumped up into a Classis or Synod it is but the same it was before Synods saith Parker out of Chamier Polit lib. 3. cap. 13 § 9. Disp de Polit. Eccles p. 5. nullam habeant Authoritatem c. They have no Authority but what is derived from particular Churches So Voetius There seems to be a great Emphasis in those Particles of Propriety Children obey your Parents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so to Servants 1 phes 6.1 And speaking of the Relation of Husbands and Wives by which is set forth our Obedience to Christ and his Officers it is more appropriate Ephes 5.24 As the Church is subject to Christ so let the Wives be to their own Husbands it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 propriis viris not only theirs but their own Husbands It is said 1 Tim. 3.4 One that ruleth well his own House 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So of Ministers Know them that labour among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and are ever you in the Lord 1 Thess 5.12 and in Heb. 13.17 it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Duces vestri your Captains Officers in Churches being as exactly limited as in an Army There is no Power in a Superior to command where no Obligation upon the Inferior to obey And therefore the Lord seems by these Expressions to limit both Church and Family-Power within their own Walls This is the Judgment of the Learned of each Persuasion Bishop Davenant Nota est Jurisconsultorum regula c. It is a known Rule of Lawyers A Sentence given by him that is not his Judg is void in Law But particular Churches are not the Judges of private Persons that are of other Churches how much less then over the Churches themselves such Sentences were to be slighted and contemned as of a Judg that presumeth to make Laws out of the bounds of his own Jurisdiction Nec potest De judice cont cap. 16. p. 90. nec debet saith the same Author elsewhere particularis una Ecclesia judiciaria authoritate aliam sibi non subjectam a Catholica abscindere quaelibet enim Ecclesia filios suos ad consensionem in Doctrina publicè stabilita censuris adigit Sed fratres Ecclesiarum externarum monet pro officio charitatis non punit pro imperio potestatis Dr. Field Of the Church lib 5. as a common Resolution of Divines tells us That if a Bishop ventures to do any Act of Jurisdiction out of his own Diocess that is his particular Church so cap. 30. as to excommunicate or absolve or the like all such Acts are utterly void and of no force The same thing saith Dr. Crakanthorp cont Spal cap. 28. pag. 177. Jue divinum Regim p. 230. Every Congregation say our Brethren hath equal Power one as much as another according to the trite and known Axiom Par in parem non habet imperium An Equal hath no Power over an Equal Ecclesiae institutae parochiales integrae sunt Disp de Polit. Eccles p. 3. inter se collaterales potestate Ecclesiastica aequales saith Voetius Which you may English out of the English Puritanism thus Particular Churches are in all Matters equal and are entrusted by Christ with the same Ecclesiastical Power and Authority Cap. 2. § 3. Jewel Reynolds Whitaker and most of our Divines against the Papists are large in their Disputes for a parity of Churches and Mr. Parker hath written a whole Chapter de paritate Ecclesiarum De Polit lib 3. cap. 21. Some make a particular Church to be of larger Extension as a Diocess a Province c. but that altereth not the State of the Question A DIGRESSION 1. Of Independentism Name and Thing 2. It s consistency with the Kings Supremacy THis State of a particular Church namely their equality in respect of Jurisdiction or coercive Power one over another was wont to be expressed by INDEPENDENCY which though now it be a term of Raproach yet formerly made use of by good Authors as very fit and significant to set forth this Priviledge of each particular Church compleat and intire namely their not Dependency or Subjection to the Jurisdiction of another Church as their Head and Superior Dr. Jackson in his learned Treatise of the Church Cap. 15. Cap. 119. useth this term frequently Unity saith he in one place of Discipline or of INDEPENDENT Judicature is essential and necessary to the Church as visible Hence there be as many distinct visible Churches as there be INDEPENDENT Judicatures Ecclesiastick Dr. Sibbs thus Gospel-anointings pag. 94. Particular visible Churches are now God's Tabernacle The Church of the Jews was a National Church but now God hath erected particular Tabernacles Every particular Church under one Pastor is the Church of God a several Church INDEPENDENT The Church of England saith the same Author is called a particular Church from other Nations because it is under a Government Civil which is not dependent on any other Foreign Prince Each Church saith Voctius Desp Cau. Pap. lib. 3. § 3. c. 4. as it hath its proper Form of an Ecclesiastical Body or Society so it s endued with its proper Government and Jurisdiction which it exerciseth DEPENDENTLY upon Christ his Word and Spirit but INDEPENDENTLY in respect of all other Churches Mr. Bates One Company of Men assembled Treatise printed Anno 1613. hath no Authority to impose things upon many Churches 1. None now have Apostolick Authority 2. Each Congregation is a Body INDEPENDENT of any Ecclesiastical Power There is no Ordinance of God for this saith Mr. Banes that Churches within a circuit should be tyed to a certain Head-Church for Government pag. 8. and pag. 13. We affirm that no such Head-Church was ordained either vertually or actually but that all Churches were single Congregations equal INDEPENDENT each of other in regard of Subjection Every true Church saith one now is an INDEPENDENT Congregation A Collection of sundry matters Anno 1601. and in another place The Congregational Body Politick spiritually INDEPENDENT is Christ's Divine Ordinance in the Gospel One ordinary Congregation of Christians is a spiritual Body Politick INDEPENDENT That is it hath the Right and Power of spiritual Administration and Government in it self Confession of Faith p. Anno 1601. and over it self by the common and free consent of the People INDEPENDENTLY and immediately under Christ This was the Opinion generally of N. Conformists as is observed by one of themselves in the Name of the rest as also by B. Downam Sermon at Lambeth p. 5. They that is the N. C. say that every Parish by Right hath sufficient Authority within it self immediately derived from Christ for the Government of it self in all Causes Ecclesiastical To the Parishional Presbytery
consisting of their Parish-Bishop and his Elders they do ascribe that sufficient immediate and independent Authority for Ecclesiastical Government for every proper visible Church That Independency of Churches was asserted by those learned men of a former Age in relation only to a superior Church-power properly spiritual and such as is claimed jure divino and not in relation to that Ecclesiastical Power which is in or exercised from the Civil Magistrate Some of them have thus described a particular Church It 's a Body Politick spiritually independent or independent in relation to a spiritual Superiority which is expressed fully by him that wrote Church-Government with the Peoples consent pag. 115. Though we affirm the Church-Government is independent and immediately derived from Christ yet we affirm also that the Civil Magistrate is even therein that is in Ecclesiastical Matters Supreme Governor civilly And though nothing may be imposed on the Christian Churches against their Will by any spiritual Authority for so only we intend yet we affirm withall that the Civil Magistrate may impose on them spiritual Matters by Civil Power yea whether they like or dislike if it be good in his Eyes that is if he judge it within his Commission from God And such an Independency hath been pleaded for also and argued by them to be much more consistent with His Majesties Supremacy than a DEPENDENCY or Subordination of Churches to any spiritual Power And it was their professed Judgments That no External Power ought to be exercised in spiritual Matters any where within that space betwixt a particular Congregation instituted by Christ and the Catholick Visible Church by any person but the Civil Magistrate or by his Appointment Take their own Words They that make claim Jure Divino of Power and Jurisdiction to meddle with other Churches than that one Congregation of which they are Members do usurp upon the Supremacy of the Civil Magistrate who alone hath and ought to have a power of Jurisdiction over the several Congregations in his Dominions c. A Protestation of the King's Supremacy made and published in Anno 1605. § 27. and in § 28. The King himself is to be General Overseer of all the Churches within his Dominions and ought o employ under him fit persons to oversee the Churches in their several Divisions visiting them and punishing whatsoever is amiss in any of them Mr. Bradshew in the Vnreasonableness of Separation against Johnson writes thus It 's their principal Honour speaking of Archbishops and Bishops to be Commissioners and Visitors in Causes Ecclesiastical under the King over the Pastors and Churches of Provinces and Diocesses In his Answer to Johnson's first Reason And in his Answer to his second He questions him thus 1. Whether the Supreme Magistrate hath not Power to oversee and govern all the several Churches within his Dominion yea whether he be not bound so to do 2. Whether for his further help and assistance herein he may not make choice of grave learned and reverent men to assist him in the same Government 3 Whether by vertue of his Power these persons thus called to assist the Supreme Magistrate may not lawfully try the Gifts of Ministers within his Dominions convent them before them examine how they have behaved themselves in their places and punish the blame-worthy In a Petition also to King James for Tolleration That your Highness would afford us and assign to us some persons qualified with Wisdom Learning and Vertue to be under your Highness our Overseers for our more peaceable orderly and dutiful carriage of our selves both in our worshiping God and in all other our Affairs at your pleasure To whom with all Readiness and Subjection we are willing to be accomptable and answerable always The opinions of learned men about Church Matters Government especially were collected together in a Treatise which was put into Latin by Dr. Ames and in an Epistle of his prefixed avouched by him who was a man much studied in those Controversies to be the Judgment of Cartwright Fenner Fulk Whitaker Rainolds Perkins Brightman and those that were more Ancient As Wichliff Tyndal Rogers Bradford Gilby Fox Moore Dearing Noel Greenham Dogmata ista c. These Tenents saith he were either their Principles or so conjunct with them as not to be denied theirs Christ Jesus saith the Author hath not subjected any Church or Congregation of his to any other Superior Ecclesiastical Jurisdiction than unto that which is within it self the Civil Magistrate alone upon Earth hath power to punish a whole Church or Congregation Cap. 2. § 3. and more fully in § 12. They hold and believe saith he that the Equality in Ecclesiastical Jurisdiction and Authority of Churches and Church Ministers is no more derogatory and repugnant to the State and Glory of a Monarch than the parity or equality of School-masters of several Schools or Masters of several Families Yea they hold the clean contrary that Inequality of Churches and Church Officers in Ecclesiastical Jurisdiction and Authority was that principally that advanced Antichrist unto his Throne and brought the Kings and Princes of the Earth unto such vassalage under him And that the Civil Authority and Glory of Secular Princes and States hath ever decayed and withered the more that Ecclesiastical Officers of the Church have been advanced and set up in Authority beyond the limits and confines that Christ in his Word hath prescribed unto them And in Cap. 6. § 6. They are said to deny a principal part of the Kings Supremacy that hold any Jurisdiction or Offices over Churches jure divino 〈…〉 will and pleasure of the King and Civil States of the 〈◊〉 And from what is said cap. 5. § 12. It is 〈◊〉 that this way is as little prejudicial to the Subjects 〈…〉 expresly there said If any Member of a Congregation 〈…〉 crime shall of himself forsake Communion with the Church that then the Ecclesiastical Officers have no authority or jurisdiction over him but only the Civil Magistrate Parents or Masters c. So that as persons are free otherwise than from conscience of duty to joyn with these Assemblies so also to leave them remaining always under the Magistrates Ecclesiasticul power and care I have made this Digression not only for the matters sake which is very sutable to our present Subject but also to vindicate the Congregational way 1. That it is not such a Novelty as is pretended This of the equality of Churches and thence an Independency from which we are reproachfully surnamed seems to be the worst of our Tenents Yet it appears to be no other but what the reverend and learned of a former age have asserted Nor do I know any other of their opinions or practices but may as easily be remonstrated to be the assertions of those holy men Nor secondly inconsistent with civil Magistracy or with their Power in Ecclesiastical Affairs And as a further Testimony hereof they take the Oaths both of Allegeance and Supremacy
suspend or make void in part or in whole the power of that Court by whom the wrong hath been done and Appealed from as hath been shewed 2. If there be no Power in a Synod of such a proportion superior to a Church as to censure it by Excommunication or Suspension at least Then will the Members of this Church by admitting such Appeals be necessarily under a twofold Jurisdiction not subordinate which tends to the greatest confusion imaginable For if the Synod and the Church in their Light and Apprehensions vary about the condition of an Offender one of them may in Conscience be bound to justify whom the other condemns 3. There is no supply of a supposed Defect or Addition of what was not before for if their superior powers Excommunicate particular Members only and not the whole Church This is nothing more than each particular Church hath power to do And it is as much an Ordinance of Christ where two or three that is a lesser number are gathered together as where a greater a Censure by the Church at Keneria is as much a Censure as if by Corinth If a Quarter Sessions Execute a man it s as much a Judicial deal as if judged by the Assize Kings-Bench or Parliament The reason is obvious it s the Law that judges him not this or that Judicature So it is the Law and appointment of Christ that Excommunicates not this or that Presbytery greater or less and this Law is the same to all We come now to the other part of the Argument drawn from the light of Nature If Appeals be not there will be a defect in Christ's Government Persons are left without remedy for wrongs done by whole Churches I answer with Suarez in the same case De virtute Tom. 4. p. 99. Argumentum est saith he ab specie ad genus negativum defensio est genus latius patet quam appellatio Potest enim ad superiorem recurrere per simplicene quaerelam vel per modum supplicationis c. quod est sufficens remedium diversum appellatione multo magis decens religiosum statum It is an Argument from the Species to the Genus there are other ways of defence We may have recourse to a Superior by simple Complaint or by way of Supplication which is a sufficient remedy and divers from an Appellation and much more becoming the state of Religion thus that Author More particularly we therefore Answer 1. There may be a sufficient defence or remedy though not by Appeals 2. There may be Appeals though not in such a way 1. For the first this Address or Recursus to others Superior or equal is not for the putting forth any Act of Jurisdiction or Compulsion Such persons interpose by way of Intreaty Perswasion Pleading the Cause of the wronged Reproving Threathing or in such way as a single Pastor may deal with any of his people Thus Paul often in a difference between Philemon and Onesimus Philem. vers 10. I beseech thee for Onesimus Phil. 4.2 3. I beseech Evodias and Syntiche It was upon some breach in the Church 1 Cor. 1.10 Now I beseech you Brethren that there be no Division This interposition of the Apostle with the Corinths was upon the desire of the House of Cloe ver 11. There may also be more earnest Pleadings Hos 2.2 Reasonings Rebukes yea openly and before others Gal. 2.11 14. The Apostles were equal in Authority yet Paul did not only Reason and Plead with Peter but Rebuke and Reprove him publickly and before others And in his dealing with Barnabas Act. 15.39 Pauls spirit did rise higher and yet no Power or Jurisdiction exercised or might be by one Apostle over another If Synods be applyed unto only for Counsel and advice in differences and difficult cases it is a provision not to be despised Scripture-light in an instruction or reproof is cogent by what hand soever administred but more especially when in the way of an Ordinance or Appointment of Christ As are Pastors and Synods though intrusted with a Declarative Authority only Let it be consider'd how the greatest reformation made in the Hearts and Lives of men and women is ordinarily by the application of the Word of God in the Ordinance of Preaching which is the Instruction Reproofs c. of a single Minister who hath not power to Excommunicate such as despise his Doctrine Faith comes by Hearing 1 Cor. 5. not by Discipline Until they be judged believers they are without If this means or such a Doctrinal Application by a single Minister be sufficient to make such Reformation upon single persons and those that as yet own not Christ or have Conscience of an Ordinance why should we not expect the like fruit where many Ministers are Synodically gathered for the Reformation of whole Churches persons professing to understand and reverence so solemn an Ordinance of Christ though there be no coercive Power intrusted with it to enforce Submission 2. Receptum est in Gallia ab Ecclesiasticis posse provocari ad ad curias supremas Parliamentorum P. Gr. Tholos l. 50. c. 2. §. 36. Ruther Due Right cap. 6. §. 5. pag. 396. There may be Appeals though not in the same Series but to a Tribunal extrinsecal and not meerly Spiritual as when we appeal to the Civil Magistrate or such as are appointed by him over Ecclesiastical matters For 1. if the King in his Laws and the Church in their Synodical Canons command and forbid one and the same things as is asserted And 2. if the persons commanded stand as much in a Civil Relation to their Prince being Subjects as they do in a spiritual Relation to the Church as Members Doubtless the Christian Magistrate having a Supremacy in Ecclesiastical matters as in Civil and especially being assisted by the Councel and Advice of Synods is a sufficient and effectual means to reform the miscarriages of particular Churches if appealed unto The truth is though Churches were threatned or struck with the highest censures being meerly Spiritual and from a National Synod the highest Throne Were it not from foresight that if such Discipline be despised the Magistrates Sword by some Corporal punishment will second it there would be little fear or dread of those Synodical censures And if so as it is apparent to the most in a National or Provincial Church as ordinarily constistituted it is no otherwise Common Reason will direct us rather to go immediatly by Appeals to the Civil Magistrate or his Delegates than in such a compass as to drive the cause from a Consistory to a Classis from thence to a Provincial Synod and after that to a National Assembly and when all this is done there is little to any purpose done if not seconded by a secular arm Hence our learned Brethren formerly admitted no other Appeals of this nature but to the Civil Magistrate as we have fully shewed in the former Digression To which we add what
is by that Author further said If the Brethren or Officers in a Church be perverse Cap. 2. and will not hearken to Reason they that are wronged are to crave the assistance of the Civil Magistrate who alone hath Power and who ought by the Civil Sword and Authority procure to all Members of the Church Governors or others freedom from all manifest injuries and wrongs The manner how the Civil Magistrate is to proceed in Church-causes is there also described to us in the words following Though the Civil Magistrate cannot absolve the Excommunicate person c. or take away this power from the Church yet when they or any of them shall apparently abuse the same he is bound by the Law of God and by virtue of his Office grounded upon the same to punish them severely for it and to force them by Civil Mulcts to rectisy c. THus I have done with that first Consideration upon the account whereof the Vsefulness and Necessity of the Civil Magistrates Ecclesiastical power is affirmed Which is in respect to the well-being of Churches There is another consideration remaining now likewise to be prosecuted shewing the like necessity of this Power in respect and relation to the well-being of the Commonwealth The Knowledge and true Worship of God and the means hereof the word of God is a national gift He hath given his Law to Jacob he hath not dealt so with other Nations Psal 147. It was true then for Israel had this priviledge as a peculiar but now it is otherwise And where the Lord is so bountiful to a Nation thus to give the means of Life and Salvation it is a Depositum Governors must account for The whole Nation becomes peaceable prosperous or otherwise according as the matters of God and his Worship are more or less Religiously attended by the Governors and People thereof This Consideration is urged by Bishop Davenant to this purpose Daven de judu cont ca. 16. p. 91. Regis potestas judiciaria se extendit ad ea omnia sancienda quae rem publicam florentem conservant atque ad ea tollenda c. The Kings Legislative power extends to the establishming of whatsoever may preserve a Commonwealth in a flourishing State and the taking away of all such things as may prejudice or ruine it But the Religious Worship of God is granted of all even of the very Heathens as of concernment to the well-being of the Republick and the neglect of it to the eversion of it The careful and orderly management of Religious affairs being a special means and way to make the Republick prosperous the care whereof lieth upon the Magistrate It is necessary that he both judge of and put forth his Authority in the procuring and preserving such a means or conducement the further prosecution of this second Argument together with other particulars requisite to the resolving this Case I shall leave to a second Part of this Discourse in which after the clearing and vindicating the former part of the Oath as lawfully to be taken The two great doubts arising from the latter part of it shall more largely be insisted upon The words are these I shall to my Power Assist and Defend all Jurisdictions belonging to the Kings Highness or united to the Crown c. The Doubts hereupon are 1. The Jurisdiction Priviledges c. granted and united to the Imperial Crown are unknown unto us and some of them Controverted How can we swear in judgment Jer. 4.2 Answ Though there be not a distinct knowledge in respect of each particular yet an Oath may be taken in Judgment and how 2. There are some Jurisdictions Priviledges c. in Spiritual matters granted and united to the Crown the lawfulness whereof are scrupled and we may possibly believe they do not belong to the Civil Magistrate How can we swear to assist and defend him in such and Swear in Righteousness Answ In a Federacy or Allegiance to assist and defend another against a common Enemy if the things be just and lawful in His opinion though doubted of or thought otherwise in ours It is no unrighteousness in us to give assistance according to our Oath These Resolutions and Assertions I doubt not will be made evident in what is to follow and be the other part of this Discourse POSTSCRIPT HAving satisfied divers Friends that were scrupled about the Oath of Supremacy I was desired by my Brethren in the Ministry and others knowing my unhappy leisure to publish something this way wherein accordingly I made entrance but finding this Oath not so much pressed and the Subject such as is capable from me especially of a various reception I laid it long aside with purpose to make no further progress afterwards understanding some Persons of Honour judged such a Work to be useful and seasonable it was re-assumed In the Prosecution hereof I have stated something of Ecclesiastical Jurisdiction as claimed by Churches and Churchmen of each perswasion and how it stands in habitude and relation to His Majesties Supremacy in these Affairs Not with any purpose to reflect upon the judgment or practice of others whom for their Learning and Holiness I shall ever greatly reverence but that I might the more fully and distinctly lay down what is asserted by those of the Congregational way And upon these Considerations 1. It being now a season for us humbly to apply for the Liberty of our Consciences in the Worship and Service of God upon the encouragement of His Majesties most Gracious Declaration exhibited on that behalf wherein we understand our selves to be fully comprehended And finding our Way and Principles represented by some in Print though we fully agree with this and other Reformed Churches in all the Articles of Religion concerning the true Christian Faith and Doctrine of Sacraments Printed Anno 1658. which is evident by our Confession of Faith as inconsistent with and destructive to the Peace of Civil Government This if believed cannot but be a sufficient Block in the way of our Liberty I thought it necessary for the removing all Prejudices in order to the obtaining of our aforesaid Liberty to give some further account of our Way and to represent more distinctly and particularly our Principles that it may appear whatsoever hath been said to the contrary that there is nothing in them but what is consistent with and most agreeable to the Civil Government or that should render us in any sort uncapable of receiving the fruit and benefit of the King's Majesties Favor and Indulgence promised to Tender Consciences 2. We find Ecclesiastical Power where claimed Jure Divino Secret Walsingham's Letters to Critoy and immediately from the Lord by their Churches or Officers hath always been a matter of Jealousie as derogating from the King's Supremacy I. The Jurisdiction we pretend to as appears in this Discourse and avouch as the appointment of Christ is the lowest for kind and of narrowest extention
all or some of these Propositions following 1. That I King James am not the lawful King of this Kingdom and of all other my Dominions 2. That the Pope by his own Authority many depose me If not by his own Authority yet by some other Authority of the Church or of the See of Rome If not by some other Authority of the Church and See of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Foreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects of their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer Violence to my Person or to my Government or to some of my Subjects 8. That if the Pope shall by Sentence excommunicate or depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence excommunicate or depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to reveal all Conspiracies and Treasons against me which shall come to their Hearing and Knowledg 11. That it is not heretical and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subjects or any other 12. That the Pope hath Power to absolve my Subjects from this Oath or from some par thereof 13. That this Oath is not administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation mental Evasion or secret Reservation and not with the Heart and good Will sincerely in the Faith of a Christian Man These are the true and natural Branches of the Body of this Oath The CONTENTS CHAP. I. THe Occasion of this Oath various Form and Alteration of it Interpretations of this Oath given in our Laws and Writers of note The nature of our Assent and Stipulation CHAP. II. What is ment by Things and Persons Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms CHAP. III. Of Power its rise and original Two sorts of Power in Ecclesiastical or Spiritual Things their Agreement and Difference CHAP. IV. Of the necessity and usefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches and Church-men This Power is placed in Kings and such as are the supream Governours in a Common-wealth CHAP. V. The Government of particular Churches hath Affinity with Families Cities and the like lesser Bodies more than with the Government of Empires and Kingdoms confirmed in six Instances A Digression Of Independency Name and Thing its consistency with the King's Supreamacy CHAP. VI. Of the Jurisdiction over particular Churches placed in Ecclesiastical Persons as it is 1. Exercised with us in this Nation 2. As it is in other Reformed Churches herein Of Appeals that are properly such in Ecclesiastical Matters these are always to be to the Supream Civil Magistrate only or to such as are appointed by him A Post-script giving some account of the congregational way from such Principles of it as are laid down in this Treatis THE LAWFULNES OF THE Oath of Supremacy c. THE Supremacy of the Kings of England being eclipsed by the Bishop of Rome in both parts of it the State thought fit to enjoin a Provision of equal extension In relation to the Civil Rights of the Crown is the Oath of Allegiance and against the Encroachments upon the Ecclesiastical this of the Supremacy which being first enjoined containeth in a manner both This Oath hath given the Papists such a Blow as they could not but strike again and have poured out a Flood of Arguments and Absurdities against submitting to it which hath been a long time scattered and stick in the Minds of divers of his Majesty's Loyal Subjects who tho otherwise well affected yet by reason of some Doubts and Tenderness are at a stand to this day and scruple the taking of this Oath For whose satisfaction and clearing the Lawfulness of this Supremacy is the ensuing D. scourse CHAP. I. § 1. The Oath it self as now enjoined § 2. The Occasion of this Oath § 3. Various Forms of it and Alterations about it § 4. Interpretations given of it in our Laws and Writers of Note § 5. The Nature of our Assent and Stipulation The Oath of Supremacy I A. B. do utterly testify and declare in my Conscience that the King's Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors as united and annexed to the Imperial Crown of this Realm § 2. For many Years there hath been a Contest about Jurisdiction and Supremacy in Ecclesiastical Matters between the Bishop of Rome and the Kings of England who hath got ground herein according as our Princes were found more weak necessitous or devoted to his Holiness Rome was not built in a Day By William the Conqueror Legates from the Pope to hear and determine Ecclesiastical Causes were admitted Henry the First after much Contest yields to the Pope the Patronages and Donations of Bishopricks and all other Ecclesiastical Benefices it being decreed at Rome that no Lay-Person should give any Ecclesiastical Charge King Stephen grants that Appeals be made to the Court of Rome In Henry the Second's Days the Pope gets the Clergy and Spiritual Persons exempted from Secular Powers The Bishop of Rome is now over all Ecclesiastical Persons and Causes even in these Dominions Supreme Head And having upon the matter made Conquest over more than half the Kingdom in the Times of King John and Henry the Third sets on for the whole and obtains of King John an absolute Surrender of England and Ireland unto his Holiness which were granted back again by him to the King to hold of the Church of Rome in Fee-farm and Vassalage Being now absolute and immediate Lord over all he endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced
over many Churches much more over whole Kingdoms and Provinces of Churches Dr. Bilson speaks much to this purpose Of Supremacy pag. 238. Tho saith he Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter containeth all the People in a whole Nation Holy Common-wealth pag. 220. or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. We see saith Sir Fr. Bacon in all Laws in the World Considerations about Church-Affairs Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power moddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern 1 Eliz. cap 1. with 35 Hen 8. making the same Fault Treason in one Age that in the next not so much as Imprisonment But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be she same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo tum Ecclesiastica tum Civilis Carbo de Leg. iib. 2. cap. 8. sit à Deo tamen non eodem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1 Pet. 2. Church-Power and Government being spiritual hath all particulars for substance both in respect of Persons and Administrations for matter and manner appointed by Jesus Christ and in all Nations to be the same Civil Power even in Ecclesiastical Matters in many things for substance is left to the Prudence of the State in which it is exercised and in the Forms of it various according to the manner of the Nation As for Instance Inspection into Religious Assemblies visiting and observing their Demeanour receiving Complaints by reason of Wrongs Disorders c. These things may be done by the Civil Magistrate in his own Person or by Persons authorized from him these Persons may be many or but one in a Division these Divisions of larger or less Compass And for the manner of Procedure it 's various as Ecclesiastical Courts differ in their manner of Process from Civil or of a Method or Way of handling Causes different from each be established by Law it is equally warrantable There are particular Directions left by Christ according to which the Officers and Persons more especially entrusted with this Power are designed to and invested in their Places and Charge as Election Ordination c. with Fasting and Prayer The other Powers are setled upon and claimed in such ways as the respective Law of Nations design as by Birth Lot Victory Donation or the like as well as Election insomuch as a Woman or Child may have a rightful Claim to this Supreme Trust and the Management of it by themselves or others as shall be appointed CHAP. IV. § 1. Of the Necessity and Vsefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches § 2. This Power is placed in Kings and such as are the Supreme Governors in a Common-Wealth § 1. FOr the second we shall shew how necessary and useful Civil Power is even in Ecclesiastical or Spiritual Matters notwithstanding the other It is not to be denied that Souls were converted and Churches established and kept up when there was no Assistance but rather Opposition from the Princes of the Earth as in the Apostolick and Primitive Times The Benefit we have now by Christian Mgistrates was then more abundantly supplied the Infancy of Christianity requiring more by the Miracles wrought and the constant Direction and Care of Apostolick and extraordinary Persons who were gifted by Christ for that purpose All the ordinary Helps that now we have by external and more sensual or carnal Means contributing any thing to these great Works is only a pious and Christian Magistracy where a Nation is blessed with it The Benefit hereof is much in a spiritual respect both to the World as likewise to the Church 1. It is tho remote a great Help to bring Men out of their natural Condition unto Life and Salvation We are exhorted to pray for Kings and such as are in Authority 1 Tim. 2. The reason v. 4. For God will have all men to be saved and to come to the knowledg of the Truth As the Knowledg of the Truth is a means to bring a Soul into a saving State so is the Magistrate being enlightned himself a great Means to bring us to the knowledg of the Truth Those Men were in a great Distance from God in a Rage against Christ and Religion Psal 2.1 they did combine against the strict Ways of the Gospel these poor Heathens being notwithstanding given to Christ by Election v. 8. David useth a twofold Method for reducing them The first is a representing their wretched and miscrable Condition while in this State of Enmity ver 9. Then 2. deals with their Princes and Rulers to be forthwith instructed and serve the Lord i.e. as Kings and Magistrates in their publick Capacity But must not the People be instructed also Such Magistrates will speedily provide and take care for their People that they may be brought to the knowledg of the Truth and therefore it needs not to be mentioned The Magistratical
or Censures may lawfully by a Church or any Ecclesiastical Assembly be threatned or drawn forth against a whole Nation and the chief Governors thereof to urge or compel especially in State concernment as the Pope and some others have done though it be truly in ordine ad spiritualia The fifth Instance or particular is this The 5. Instance A Family of all Corporations or Societies is the lowest species or kind it 's Consociatio simplex prima and hath the least of pomp or state in the Government of it Cottages are built low Palaces with many stories one above another Those great and extensive Bodies Empires and Kingdoms represent in their Government more adequatly the mystical Church in respect to Jesus Christ who is their King and Lawgiver whose Kingdom is with Power and Glory a Power that is truly Imperial and Princely having Officers under him his Kingdom reaching to the utmost ends of the Earth who in his name command reward and punish But Particular Churches as Governed by his Ministers have their porportion rather with the meanest and lowest Societies of men The Scripture seems to point at more than a similitude and likeness betwixt a Family and Church in the managing of affairs I mean in the general and what is it not determined by express Institution Paul speaking to Timothy about Church affairs mentioneth their expertness in Governing a Family as a good preparative or qualification for Church administrations And this is not only Negatively 1 Tim. 3.5 if a man know not how to rule his own house how shall he take care over the Church of God But affirmatively These things I writ that thou mayest know how thou oughtest to behave thy self in the house of God which is the Church of the living God The sence is full in those words vers 15. the Church of the living God yet it is added the house of God purposed as it were to carry the Eye back to what was written ver 5. which sheweth that there is a great affinity betwixt our Houses and the Houshold of God In a Fathers Governing his Children saith one there is a lively resemblance of such Duties of Government which he is to dispence towards the Church There is nothing enjoyned the Minister as a Father of Children which belongeth not to him as he is a spiritual Father of the Children of God On the other hand it may be observed this question being amongst the Apostles Matth. 18.1 who or which of us shall be the greatest in the Kingdom of Heaven upon supposition the Church being termed a Kingdom there would be places of State and higher dignity in it as are in the Kingdoms of the World Christ Answers There shall be no such thing no primacy in one Apostle over another no the greatest of you shall be the least and the first shall be the last Though a Jurisdiction and power truly Imperial absolute and equal to any of the Kings of the Gentiles belongs to me and I exercise it in those spiritual administrations yet no such dignity may be assumed by you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 22.25 1. When the Scripture speaks of a particular Church under the notion of a Family or Houshold Government or Ruling is mentioned as that wherein the similitude or proportion is most perspicuous and clear as hath been shewed But speaking here of a Church under this expression a Kingdom how purposely are we cautioned against an imitation in Rule and Authority 2. We may further observe that Ambition after greatness in those that manage these great things Hos 8.12 1 Pet. 1.4 is an infirmity almost unavoidable For if 1. Such persons the holiest men on the earth they who had forsaken all to follow Christ 2. And these so often relapse into this folly after they had been reduced from it by Christ 3. And at such times immediatly after Christ had minded them of his Death Matth. 20.19 20. Luke 22.21 24. 19. with 24. and that one of them should betray him when also they had newly been at the Communion with him What great cause is there that every man be very jealous of his own heart 3. It is not unevident also from the Disciples often Disputes about their greatness that most of our controversies and contentions about Church-Government if traced home will be found to arise from hence namely The having our Eye fixed so much upon the lofty state of a Kingdom as our pattern in such managements rather than that familiar and humble way of a Family For indeed this was the only breach and contest that we read of amongst those holy Men the Disciples of Christ 4. And where such differences are a Reconcilement will be found more difficult because where the mind is bent on worldly greatness we are very dull and slow in understanding whatsoever shall be spoken though from Christ himself that seems to cross those thoughts as appears also in that story Mark 9.32 A Parent or Master would not easily have been tempted into such an Error or make this question who or which of us shall be the greatest that is have a paternal power over other Parents and their Families c. And had the Disciples looked upon Ministerial power under so low and humble a notion as what is Economical James and John would never have thought it congruous that they should have an Apostolical power over the other Apostles Hoc Papatum fefellit c. saith Cartw. This deceived the Papacy which governs throughout after the form of worldly * Plurimorum consensu Ecclesia à repub formam illam magna parte mutuata est Eilesac Empires The Pope he is as the Emperor himself the Cardinals as his Deligates or Representative the Arch-Bishops as the Governors of Provinces c. Hence John calls the Church of Rome the Image of the Beast the Vizard of the Roman Empire For further confirmation of this fifth particular or Instance let it be considered how seldom and sparingly a particular Church in the N. T. is termed a Kingdom Although 1. It s Government be derived as a Branch of Christs Kingly Office 2. Church Ordinances are the most effectual means by which he exerciseth his spiritual Soveraignty in each mans soul 3. His Mystical Kingdom on earth thus by parcels comes to be wholly under an external spiritual regiment and 4. His Church when National was managed in the Glory and State of a Kingdom Yet notwithstanding all these leading occasions how sparingly and not without special Caution is a particular Church thus termed Whereas not only the Society but the Government Officers Ordinances Censures and other Church matters are universally and frequently delivered unto us by Christ and his Apostles in terms apt to mind us of this low and humble policy To give some Instances thereof 1. A particular Church or the Society it self is represented unto us as the House of the living God 1 Tim. 3. His
Synod of the 32. appointed by Hen. 8. and afterwards by Edw. 6. to do the work of a Synod and present a Body of Ecclesiastical Canons for Confirmation by the Magistrate 3. These Laws saith * De Ju. Ec. pag. 9. Dr. Ridley's view pag. 110. 25 Hen. 8. c. 19. 25 Hen. 8. c. 21. Cook are termed Regiae Leges Ecclesisiasticae and another such Ecclesiastical Laws as now are in force are called the King 's Ecclesiastical Laws for that now all Jurisdiction whether it be Temporal or Ecclesiastical is the Kings And if there be any thing difficult or doubtful in these Laws the Interpretation is ultimately to be given in the Civil Judicatures So Cook 's Instit pag. 4. cap. 74. To the King also is the last Appeal to be made and Delegates appointed by Him give final Determination in Controversies after adjudged by those Laws and Canons in any yea the highest of those Ecclesiastical Courts Vltima Appellatio sit ad Principem non extra Regnum saith Dr. Cosen and tells us it is a Jurisdiction Coronae Regiae de Jure debita 4. The King's Majesty may dispense with any of those Canons or Ecclesiastical Laws indulge the Omission of what is enjoined by them make void the Crime and remove the Penalty incurred by breach of them yea and give Faculty to do or practise otherwise any Synodical Establishment or long usage to the contrary notwithstanding in what offends not the Holy Scripture and Laws of God 5. The King may exempt Persons and Societies from the Jurisdiction of the Ordinary or Bishop or any else who are to execute these Canons De Jure Eccles This my Lord Coke asserts and as a Prerogative annexed to the Crown He gives many Instances of such Dispensations in several Kings Reigns both ancient and of later times For doubtless what Power He grants and is exercised under Him may be re-assumed by Him And Priviledge even whole Parishes if he please from Episcopal or Synodical Jurisdiction and such Parishes are said to be Regiae Majestati immediate subditae Mocket de Ecclesiastica Ang. Pol. pag. 294. And many Parishes to this day stand thus exempted by the favour and grant of Princes formerly The Dutch and French Churches in several Parts of this Kingdom by Patent from Edw. 6. were exempted from the then Establishment and exercised a Discipline and Forms of Worship according to their own Perswasion our Synod and Ecclesiastical Courts having by vertue of this Exemption nothing to do with their Ministers or Churches which Priviledge hath been confirmed to them by our Kings that Reigned since and are enjoined to this day His Majesty that now is by His Prerogative in Ecclesiastical Matters notwithstanding the present Form of Worship and Ceremonies Graciously indulged Tender Consciences a Forbearance in what they were not satisfied and to practise otherwise Declaration of October 1660. 6. There is no matter or thing appertaining to Religion or first Table-Duties or so intimate and properly spiritual which a Synod or Convocation hath Cognisance of and may make Laws and Canons about But the like things have been established by the Civil Powers more than sometimes for Advice without it as will abundantly appear in the many Statutes and Laws of former and later Times as against Swearing Perjury Sabbath-breaking c. That one instance the Liturgy and ordering Bishops Priests and Deacons the many Rubricks in each of those Books are so many Canons and Ecclesiastical Constitutions insomuch as some have termed the Parliaments of England Synods or Representatives of the Church of England observing also that in the King 's Writ by which a Parliament is called there is expresly committed unto them the Considerations of what concerneth the Church as the Kingdom of England There hath been also Injunctions Declarations Advertisements Proclamations and the like Edicts published in Ecclesiastical Matters from time to time by our Princes without calling or advising with a Synod And Obedience hath been required unto those Precepts by the Ordinary in each Diocess as well as to the Canons and Ecclesiastical Laws made by Synods The Dependency therefore of Synods and Convocations upon the Civil Magistrate according to the Constitution and Practice here in England is very great and apparent For I. They can make no Canon or Ecclesiastical Law without the Civil Magistrate but he can and may without them II. His Majesties Licence to the Convocation May 12. 1640. None of their Laws though ever so Ancient but may be revoked by a Parliament but the Rubricks or Ecclesiastical Laws established by it may not be medled with by the Convocation I shall conclude with B. Bilson who seems to state the Nature and Occasion of Synods as they are in this Kingdom very fully and indeed much as they ought to be wheresoever they are called his words are these With us no Synods may assemble without the Prince's Warrant D. Bils Per. Gov. cap. 16. p. 383. as well to meet as to consult of any matter touching the state of this Realm And why They be no Court separate from the Prince nor superior to the Prince but subjected in all things to the Prince and appointed by the Laws of God and man in Truth and Godliness to assist and direct the Prince when and where they shall be called to assemble otherwise they have no power of themselves to make Decrees when there is a Christian Magistrate neither may they challenge the judicial hearing or ending of Ecclesiastical Controversies without or against the Prince's liking It appears evidently hereby that in the Judgment of the Learned Author Synods in their Nature and Use are not for Rule and Government where there is a Christian Magistrate or otherwise than as Assistants only to counsel and advise Him THe Synods in other Reformed Churches claim a coercive Jurisdiction Discip of Scot. lib. 2. c. 11. also Act. of G. Assemb before the Confes of Faith Jus divinum regiminis cap. 3. from an intrinsick right received immediatly from Jesus Christ as Ministers of the Gospel There being no express Scriptures to uphold this Assertion and the light of Nature and common reason being supposed sufficient to create a jus divinum The Authors of this perswasion argue thus In all Kingdoms and Republicks if wrong be done by inferior Courts we may have right by appealing to a Court superior in Authority there ought therefore to be such an order in Churches that is a Classis Synod c. That there may be regular Appeals in like Cases And further they argue Jus D. regim cap. 1. if it be not so when whole Churches or their Consistories transgress there is no ordinary Remedy Assembly Dispute p. 114. The Provision Christ hath made for Government in his Church will be found defective For though there be a Remedy for particular persons Ruthers peaceable Plea cap. 15. Assertion of the Gover. of Scot. by G. Gillespie part 2. cap. 4 yet for a
Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars Disparity I In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied Videtur axioma communiter acceptum inter probos Religiosos Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us That in a voluntary and brotherly Society Soto de Just lib. 54.6 art it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be confidered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15 16 17. where each step and circumstance in the progress from a lesser to a greater Authority is described Disparity II From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all Disparity III The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not