ratifie it in Heaven Yet in making of Canons they have power so far as to declare in Essentials to bind in positive Laws and in Circumstantials In ordaining of Officers the designation of the persons is theirs In Jurisdiction they have power to hear examine take witnesses apply the controversie or cause to the Canon determine and see the sentence executed and all this in a Soveraign and independant manner within the circuit of their own Church And whereas it may be said all this power amounts but to a little and is confined to a narrow compass It 's true it 's but a particle Yet the Church is more happy and the Government more excellent because it depends so little on man so much on Christ. And this power though diminutive yet through God's blessing is effectual and tendeth much unto the preservation of purity piety unity and edification and if well managed is an excellent means to enlarge Christ's Kingdom and further our eternal Salvation The result of all is this that particular Churches are not supreme but subordinate both in respect of the internal Government which is purely divine and also in respect of the external universal which is purely Monarchical under Christ. The Church of Rome doting upon her universal Head and Vicar-general presupposed and took for granted that the community of all Christians in the world were but one visible Church under and subject unto one and the same supreme independant Judicatory This no question is an error For though there be an universal visible Church yet it 's subject only unto one supreme Consistory in Heaven but not on earth either in a Monarchical or Aristocratical or Democratical form as shall be hinted hereafter And suppose the Pope had been an Ecclesiastical Monarch because the Patriarch of the first See in the Imperial City yet he could not be universal but only in respect of the Church within the confines of the Empire which did enclose all the other Patriarchates and was but a little parcel of the world CHAP. VII Of the manner of acquiring Ecclesiastical Power section 1 HAving manifested what Ecclesiastical Power of Discipline is I must search how it 's acquired for this as well as civil is derivative and that from Heaven and in a more special manner It 's not natural but acquired It 's also continued by Succession not Hereditary but Elective not in a Line as the Sacerdotal power confined to the Family of Aaron It 's first in God the Fountain of all power and from him derived to Christ as man and Administrator-general For so after his resurrection he said unto his Disciples All power in heaven and earth is given me some measure of this he by Commission delegates unto the Apostles Yet that power of theirs as extraordinary was not successive or to be derived to those who followed them as ordinary Officers of the Church for it expired with them Yet there was an ordinary power of Discipline derived to them and they never except in ordinary cases did exercise it but with the Church This some say was acquired by those words of Christ to Peter To thee will I give the Keys of the Kingdom of Heaven c. Mat. 16.19 This power was given to Peter many of the Ancients say as representing the Church others think it was given him as Head of the Church others as representing the Apostles from whom it was derived to the Bishops or else as others tell us to the Elders of the Church But of this hereafter But whatsoever power the Apostles might have either severally or jointly considered it 's certain that Christ derived it to the Church whereof the Apostles were Members yet extraordinary Officers The Church acquired it therefore by free donation from Christ when he said tell the Church and afterwards whatsoever ye bind on earth shall be bound in Heaven Mat. 18.17 18. By this Church is meant no Vtopian aerial or notional body but such a society of Christians brought under a form of Government as may and can exercise this power as the Church of Corinth Ephesus Antioch Jerusalem or any of the Churches of Asia section 2 But though I intend in this to be brief yet I will observe some order and this in particular it is Power Ecclesiastical is acquired by lost immediate designation of Christ Apostles mediate institution and that justly unjustly Seeing none hath this spiritual power except given from God therefore it must needs be acquired as it 's derived It 's derived immediately to Christ as man the Apostles as his delegates Christ as man by his humiliation unto death the death of the Cross acquired an universal power over all persons in all causes spiritual And he received it upon his Resurrection and upon his Ascension being solemnly invested and confirmed began to exercise the same The Apostles being extraordinary Officers under Christ received their extraordinary power which was both intensively and extensively great from Christ. And 1. For the lost sheep of Israel before Christs death 2. For all Nations after the Resurrection 3. More fully and solemnly invested after Christs Ascension they began to act and that both in an ordinary and extraordinary way and that in Discipline as shall appear hereafter As they were extraordinary they could not as ordinary they might have successors section 3 As the power is derived in an ordinary way so it 's acquired by the Church mediately This Church did first consist of the Apostles the seventy Disciples and other believers of the Jews After that we find several Churches consisting of Jews and Gentiles After that a Church as taken from a Christian Community is once made up of persons a multitude of persons associated and endued with a sufficient ability to manage the power of the Keys in that visible body politick presently it acquires this power by virtue of Christ's Institution in these words Tell the Church c. as before For in that very Rule he gives to direct us how to deal from first to last with an offending brother he institutes the external government of the Church and both erects and also establisheth an independant tribunal After a Church is once constituted and this power acquired it 's exercised either by a general Representative or by Officers both these must be invested with power before they can act And these acquire their power by delegation or by being constituted Officers By these means the power may be acquired justly section 4 Yet it may be possessed or exercised unjustly It 's usurped when any arrogate it or take upon them to exercise it without just warrant from the Gospel Therefore 1. When a multitude of Christians who have no ability to manage it shall erect an independant judicatory they are Usurpers 2. When one Church challengeth power over another 3. When Presbyters alone or Bishops alone engross the whole power Ecclesiastical both of making Canons and of Jurisdiction and constituting Officers 4. Magistrates who as such take
Politica Sacra Civilis Or A Model of Civil and Ecclesiastical GOVERNMENT WHEREIN Besides the positive Doctrine concerning STATE and CHVRCH in general Are debated the principal Controversies of the TIMES concerning the CONSTITUTION OF THE State and Church OF ENGLAND Tending to Righteousness Truth and Peace By GEORGE LAWSON Rector of More in the County of Salop. The Second Edition LONDON Printed for J.S. and are to be Sold by T. Goodwin at the Maidenhead over against St. Dustans Church in Fleet-street 1689. THE EPISTLE TO THE READER Reader IN the time of our divisions and the execution of God's Judgments upon the three Nations I set my self to inquire into the causes of our sad and woful condition and to think of some Remedies to prevent our Ruine Whilst I was busie in this search I easily understood that the Subject of our Differences was not only the State but the Church This gave occasion to peruse such Authors as write of Government and to study the Political part of the Holy Scriptures wherein I found many things concerning the Constitution the Administration the Corruption the Conversion and Subversion of Civil States and Kingdoms with much of Church-Discipline There I observed certain Rules of Government in general and some special and proper to Civil or else to Ecclesiastical Polities All these according to my poor Ability I reduced to Method and applyed them to our own Church and State severally I further took notice of our principal differences both Civil and Ecclesiastical and did freely deliver mine own Judgment concerning the particular parties and their Opinions yet so that I endavoured to be of no Party as a Party And tho' in some things I differ from them yet it was not out of singularity or an humour of opposition but out of an unfeigned desire of Truth which in many things I found so evident that whosoever should not acknowledge it must needs be wilful and blinded with partiality or prejudice Whilst I go on in this work I easily perceived that as our sins and impenitency brought God's Judgments upon us so our ignorance and errours in matters of Government with prejudice partiality pride obstinacy and want of charity were the causes of our divisions which gave great advantage to our Enemies and Foreign Polititians who as formerly so now especially at this time fear our union and agreement more than ever because we are become a Warlike Nation and furnished with Gallant Men both by Sea and Land therefore their great Work is to continue our Differences amongst our selves as subservient to their Interest These causes once discovered the Remedies were obvious if men were in any capacity to make use of them For sincere repentance and a real reformation private and publick with the punishment of crying sins are very effectual to avert God's Judgments And to renounce our Errours to be informed in the Truth to lay aside all pride partiality prejudice obstinacy self-interest to put on humility and charity which is the bond of perfection and to let the peace of God rule in our hearts are the only way to quench the fire of Contention and firmly to cement us together Yet though good men may propose clear truths dispel the mists of Errour perswade to repentance and pray yet there seems to be little hope of peace and settlement For after so many fearful Judgments executed upon us and severe admonitions given us from Heaven pride covetousness injustice oppression malice cruelty and abominable hypocrisie continue and nothing is reformed This is the reason why God's hand is stretched out still many persons have suffered many great Families have been ruined many feel God's heavy hand to this day but who shall suffer most and last no man knows Men of the same English Blood and of the same Protestant Profession continue obstinate in their Errors rigid and high in their Opinions resolved in their different Designs admire their own Models of Government in Church and State will not abate of their Confidence and refuse to recede from their supposed Principles Some are for a boundless Liberty and will not be confined by the rules and dictates of Reason or the common Faith revealed from Heaven these have no Principles but seem to have abandoned not only Christianity but their own reason Some are for Peace yet only upon their own terms though not so reasonable at they should be Some complain they are wrong'd and must be satisfied Others are very high and must be revenged Every party must reign or else they will be Enemies Many men of great Estates and excellent Parts who as yet have suffered little or nothing look on as Strangers and will do nothing whilst Church and State lye a Bleeding ready to breathe out their last And what can be the issue but that either we shall be brought very low made a poor and base people and willing of peace upon very hard terms and yet hardly obtain it or we shall be made a scorn and derision to the Nations round about us a prey unto our Enemies and they who hate us shall rule over us To prevent so sad a condition my humble request to all true hearted English Protestants is seriously to consider 1. What our Condition was before the Scots first entered England with an Army 2. What those things were which then the best and wisest desired to be reformed both in Church and State. 3. What Reformation we are capable of at this present time 4. Where the guilt of so much blood as hath been shed especially in Ireland doth principally lye 5. What our duty is as we are English as we are Christians as we are Protestants which amongst other things is to deliver the Gospel to our Posterity as we received it from our Fathers 6. What may be the most effectual means according to the rules of Reason and Divine Revelation to promote the publick good without respect of Persons or Parties that so no wicked men but onely such as fear God may have cause to rejoyce This is all I thought good by this Epistle to signifie unto thee at the present for the rest referring thee to the Book and remaining Thine to serve in the Lord George Lawson In opus politicum viri clarissimi Georgi Lawsonii popularis mei QVis tandem augustas regnandi digerit artes Et solidam sceptris commodat Author opem Instituit magnas subtilis pagina Gentes Dat populis pacem principibusque fidem Publica privatâ sudantur munia dextrâ Quod multi curant unius ecce labor Tam benè regna locat potuit regnâsse videri Heu major cathedrâ quà m fuit ille suâ Stant secura brevi subnixa Palatia chartâ Nec facilè amoto cardine regna labant Vendicat haec populis leges vim legibus armat Te Themi quae debes plectere sola potes Nil metuas neque jam metuaris Regule demptum est Posse nocere aliis velle nocere tibi Haec succurrisset
or land in time of Peace or Warre To these may be referred Heralds Ambassadours publick Agents with the rest which shall be mentioned in the second Book of this Treatise And because he is no Officer which hath not some publick power and this he cannot have of and from himself therefore all Officers are made such by the Soveraign who by granting Commissions and other wayes derives their power unto them And as he gives them power so he may remove them and revoke their power or translate them or call them to account To chuse nominate propose them may be an act of the people or some of them yet to constitute them and give them their political being is an act of Majestie either mediate or immediate And because the personal Soveraign and his Officers cannot do their duty and discharge their places without sufficient maintenance therefore in this respect there is a right to command the purse For as they say he that bears the sword must have the purse And if there be not a sufficient standing Revenue and Treasury determined in the constitution the Soveraign must have a power to raise monies to defray the publick necessary charges Hence that Vniversale eminens dominium of Majesty in every State so much mentioned in the Authors of Politicks The reason of this is clear in the very light of nature that the people maintain their Governours because the benefit of the Government redounds unto them according to that of the Apostle For this cause pay you tribute also for they are Gods Ministers attending continually upon this very thing Render therefore to all their dues tribute to whom tribute is due custom to whom custom Rom. 13.6 7. It 's true that Soveraigns may have their private purse therefore some distinguish inter aerarium fiscum Aerarium is the publick Treasury which is maintained by Tribute Custom and other Impositions and this is to be raised and disposed of by the supream for the preservation of the publick Fiscus as some tell is the Soveraigns private purse whereof he may dispose at will and pleasure This publick propriety presupposeth every mans several propriety and no wayes prejudice it This right is reckoned by some amongst the lesser Prerogatives but there can be no minora Jura Majestatis in proper sense For because Majestas is Maxima potestas therefore all the essential parts and rights are so too section 13 The last is the Power of Jurisdiction whereby Justice is administred and it 's over all persons in all causes both Military Civil and Ecclesiastical so far as they fall under the Soveraigns cognisance Under this Head I comprehend not only the power of those acts of Judgement more strictly so called as Convention Discussion Decision of the cause upon evidence of the merit or demerit but the Execution To which last may be referred all penalties as well capital as not capital with Dispensations in Judgement suspension of Execution pardons To this of Jurisdiction also belongs all reservations of certain causes the receiving last appeals the final determinations and irrevocable sentences By vertue of this Power Commissions for judicial proceedings Courts the order of trial from first to last all calling of Assemblies general and provincial Civil and Ecclesiastical are determined From all this it 's evident that all Jurae Majestatis may be reduced to the Legislative Judicial and Executive Power if we understand Judicial and Executive in a larger sense than they are commonly taken And here it 's to be noted that Majesty Real is before and above all Majesty personal And by personal Majesty or personal Soveraign I do not mean only one single person as a Monarch but all Aristocratical and Polyarchical Soveraigns who are many Physically but considered as one person morally as joyntly invested with one Power Soveraign section 14 Thus far concerning the nature of Majesty after which follow some Epithets given to Majesty by Authors to signifie the properties thereof These are either included in the essence or flow from it For 1. It 's absolute and so Arbitrary Absolute soluta legibus It cannot be bound by any Lawes nor judged because the Soveraign is the Lawgiver himself and the Fountain of Jurisdiction He may bind himself by Oath to govern and judge according to the Lawes not to be governed or judged by the Lawes Yet no Soveraign personal is free from the Obligation of the natural and positive Lawes of God in force and how far he is inferiour to the real Soveraign who is subject to the same Lawes I will not here discuss 2. It 's universal not only in respect of all acts of Government but of all persons within that Territory For it must be coadequate to the whole body which it must act and animate it 's neither greater nor less No persons things or actions within can be exempted from this Power nor can it extend to any thing person action without but per Accidens 3. It s supream not in respect of God nor of the power of other States but in respect of the power of Fathers Masters Officers Corporations and Societies within every several State. For by vertue of Majesty it is that Soveraigns are equal in respect of themselves superiours in respect of their Subjects and inferiours unto God whose servants and subjects they are trusted with a particle of his power and accountable unto him 4. It 's Independent yet not in respect of God upon whom all Soveraigns do not only chiefly but wholly depend but in respect of all subordinate Powers within but coadequate to them without For all power civil within the Territory is derived from Majesty Fiduciary Princes therefore as such are not Soveraigns though they may have the title of Soveraignty yet a Soveraign may be fiduciary for some part of a Country within and part of the Dominions of another Soveraign Neither can the chief Magistrate of a Commonwealth trusted at certain times with the general exercise of the Power be such Protection and Vassalage are conceived by some not to destroy Independency neither doth confederation For though the League between several States as in Switzerland and the united Netherlands Provinces may be strict and Commissioners may be made and trusted with great power in things which concern the several States jointly such the states-General of the Low-Countries be yet this is thought to be no diminution of Majesty For it remains entire in the several Republicks 5. It s indivisible for though it hath several branches which may be distinguished yet they cannot be separated For if you take away but one much more if you take away more you make it imperfect and essentially defective and insufficient to Govern For as in Philosophy Essentia est indivisibilis so in Politicks Majestas est indivisibilis sic Majestatis Jura sunt inseparabilia As these Rights are indivisible in respect of themselves so they are in respect of the Subject For divide and separate some of
his the King plainly lost his right Yet if it was a War between Sovereign and Subject as such it was a Rebellion on the Subjects part and so the King could lose no right But the War was said to be as some express it between the King and Parliament Yet the Parliament declared they fought for King and Parliament And so the King as King was not the enemy yet it fell out that the person who was King was Conquered and confined and in the end put to death But in these difficult points it 's not easie either to have true and perfect information or if we had to meet with an impartial Judge Sovereignty may be taken away by a foreign Invasion upon a just War whether Defensive or Offensive For if the unjust party be conquered the right of Sovereignty is lost and this is an usual case Amittitur modo inordinato ut section 8 dissolutione mala administratione The dissolution of a State must needs destroy and take away all personal Majesty And except this dissolution be from a mutual consent of all parties Sovereign and Subject for to erect a better frame it must needs be inordinate or disorderly And if the personal Sovereign be the cause and begin this dissolution without just reason he must needs forfeit For whosoever holds any power from the Constitution and yet acts against it he must needs lose And if he once lose his power and through his own default his Subjects are freed from their Allegiance This was the reason why the Parliament passed so high a judgment upon the King. For upon his withdrawing from Parliament refusing to return and setting up his Standard both the Houses proceeded jointly together in adjudging it Treason against the State or Kingdom in deserting his Parliament betraying his Trust and People setting up his Standard and levying War against the Parliament and Kingdom that is against his own Peace Crown and Dignity Thus the Author of the rights of the Kingdom This he takes to be a peremptory sentence and that the latter General 's Commission for to take the King was a strong Capias ut legatum These things are out of and beyond my sphear Yet it 's certain that so far as the Kings proceedings were against the Fundamental Constitution so far they tended to a dissolution and a forfeit of the power Regal And when the Militia and the Array did so fearfully clash and dash the people in pieces there was a plain dissolution of the Government for the present And upon a Victory followed an Act of Alteration and not only the present Sovereign was dispossessed 1. By a Judgment then by Death but his Family disinherited and continues so to this day Whatsoever Men in this particular have done yet God hath judged justly And it deeply concerns that Family seriously to consider what the guilt is for which God hath so severely punished them There is another cause whereby and for which Soveraignty is often lost and that is male administratum For as Wisdom Justice Judgment are the establishment of the Throne and that by virtue of Gods institution and promise so is negligence imprudence injustice oppression and other such like sins a cause of dethroning and divesting the Governours and Princes of the World. For these offend God abuse the Power wherewith they are but trusted provoke the people Therefore God either stirs up their own people against them or makes use of foreign power to invade them and delivers them into their hands The highest degree of this ill Administration is called Tyranny and such wicked Governours are said to be Tyranni in exercitio For though their Title may be good yet their power is so abused as that they for the most part are worse and more wicked than Usurpers These in their administration violate both the written and natural Laws of God the Law of Nations the Law of the Constitution of that State where they govern and the Laws of Justice and Equity the violation of all which tend directly to the ruine of the Common-wealth Arnisaeus who together with Bodin is so much for absolute Princes doth confess that such a Tyrant doth Excidere jure suo etsi haereditario And there is great reason for it because his manner of administration is against the very fundamental Rules and the very end of all Government For God never did Man never can give any power to be unjust section 9 Before I conclude this Chapter the Reader must know that the scheme of Acquisition and Amission of Power is not exact For there may be more ways both of acquiring and keeping as also of losing power and to this Head may be reduced those arcana imperii dominationis handled more at large by Clapmarius and Angelius whereof some are prudential Rules for the acquisition and conservation of the form of Government and also for the continuance of power in the hands of the Persons or Families possessed of it Some of them are but Sophisms of State used too much by many Statesmen in these days who separate Religion and Policy to their own ruine For as the learned Fitz-hâ—rbert hath made it evident God will never prosper such courses Hitherto also might be referred the causes of corruption conversion and subversion of States Whereof something shall be said in the Chapter of Disposition 2. The right may be lost and the possession continue or the possession may be lost and the right may remain for a time 3. That a bare title is no power For as the sword in possession without Wisdom and Justice is insufficient so Wisdom and Justice with a Title without the Sword cannot actually govern because it cannot protect and punish 4. No man can acquire and receive any power except God give it nor keep it any longer than God is willing to continue it For he hath reserved it in his own hands to dispose of it to whom and how long and in what measure and manner he pleaseth yet he seldom doth communicate it immediately or in an extraordinary way He gives it for the most part mediately by man to man. Therefore that Sovereigns hold their Crowns from God and that they are supream next under God admits of some limitation and explication otherwise it may prove an error For I am sure few of them receive their Sovereignty immediately from God as Saul and David did The immediate foundation of it is some humane constitution and agreement made not immediately by God but Men. This to such as understand the fundamental Laws of States is clear enough 5. The greatest Power of any mortal man is but very little and he is but trusted with it for a while and such is his frailty that he cannot well manage that little which is committed to him Therefore all defects of humane Government are supplied by the universal and eternal King who punisheth all offences not punished by man and rights all wrongs not righted and rightly judged by the
Parliament determines 1. Their Courts 2. The parties subject to their power 3. The causes belonging to their Cognisance 4. The manner of proceeding 5. The Acts of Jurisdiction 7. As for their Courts they 1. Make them to be Congregational Classical Provincial National 2. Define the number of the persons how many must be of the Quorum 3. They subordinate the Inferiour to the Superiour and all to the Supream which was the Parliament 4. They determine the times of their Sessions which of the Inferiour Courts were more frequent of the Superiour more seldom 5. The order of Appeals is from the Inferiour to the Superiour 8. The parties subject to their Jurisdiction were all in their several precincts 9. The Causes were not Civil or Capital but Ecclesiastical especially ignorance and scandal 10. Their manner of proceeding was upon Information Summons Confession Conviction by Witnesses 11. The Acts of Jurisdiction were Suspention removal from Office or Sacraments receiving and restoring The matter and substance of these Ordinances was enlarged and more distinctly and orderly declared in the Book of Discipline one thousand six hundred forty eight section 10 This Model though imperfect had something of the ancient primitive Discipline in many things was agreeable to the general rules of Scripture and if exercised constantly by wise and pious Men might have done much good especially in preventing ignorance and scandal for time to come Yet it had many enemies as the Prelatical and Episcopal party because it was not a Reformation but an abolition of Episcopacy The dissenting Brethren liked it not because it extended so far beyond the Congregational bounds took in whole Parishes did not require a sufficient qualification of the Members and subordinated Congregations and Inferiour Assemblies to the Superiour and Greater The prophane and ignorant were against it because it called them to account and required knowledge and a stricter kind of life and this was a commendation of it Some approved it not because it was so like unto and almost the same with the Kirk Discipline of Scotland Many were offended with it because of the ruling and lay-Elders as some call them Besides it was set up in the time of the bloody War and without the Kings consent who was a great enemy unto it Neither were the Statutes of the former Discipline repealed Though some did but assert the Jus Divinum of it yet that was not made so clear as to satisfie many no not the Parliament it self Though the Ordinances and the book of Discipline require it to be generally put in practice yet no man was eligible for an Officer that had not taken the national Covenant yet that was not generally imposed or taken nor could any but a Covenanter have any Vote in the Election As the institution of it was an Act of the Civil Power in the Parliament without the being so it reserved the chiefest power unto it self and to future Parliaments and it would not trust the Ministery or the Elders with it And there might be several reasons for it 1. First after Reformation began end ever since our separation from Rome the Ecclesiastical power was restored to the Crown 2. In times of Popery the Church and especially the Pope and Clergy had encroached and entred too far upon the Civil Power 3. The general Assemblies of Scotland were thought too much independent upon the Crown and to have too great an influence upon the State. 4. That seeing the Church required the assistance of the State it was judged necessary that it should so far depend upon the State as it required the help of the State. Yet if the Discipline had been the pure and simple form instituted by Christ and his Apostles there had been no cause of these jealousies no need of these policies By all this its evident that the Presbytery of England could not be the primary subject of the power of the Keyes because they received their institution from the Parliament which reserved the chiefest power unto it self It s true that there was something Ecclesiastical in it yet even that depended upon the Civil Power more than upon an Ecclesiastical Assembly or representative though general CHAP. XIII That the Government of the Church is not purely Democratical but like that of a free State wherein the Power is in the whole not in any part which is the Authors judgement section 1 THat the power of the Keyes is not primarily in the Pope nor in the Civil Soveraign nor in the Prelate nor in the Presbyter not in both joyntly as in a pure Aristocracy hath been formerly declared It remains we examine the peoples title as distinct from that of the Bishop and the Presbyter as they are formaliter eminenter cives Ecclesiae parts of a Christian Community The people and number of Believers thus considered are rather Plebs than Populus To understand this it s to be considered that in a Christian Community there are neither Optimates properly not Plebs There may be and are as you heard before such as are incompleat and virtual members as Women Children and other weak Christians who are not fit to have any Vote in the Publick Affairs of the Church much more unfit to exercise and mannage the power of the Keyes There are also compleat members and amongst these some more eminent than the rest To place the power in the inferiour rank or to make that party predominant is to make the government Democratical And this opinion is not worth the confutation because it s not only disagreeing with plain Scripture but with the rules of right reason In this regard they are generally rejected Some charge Morellius and the Brownists with this errour but I have not seen their Books The Learned Blondel may seem to be of this mind because he placeth the power in Plebe Ecclesiastica But upon due examination it will be found otherwise Mr. Parker who asserts the Government in some respect to be Democratical rejects Morellius yet he himself cannot be altogether excused For he will have the Government to be mixt and partly Democratical in the People partly Aristocratical in the Officers or Governours He further explains himself and saith its Democraticum quoad Statum for the Constitution Aristocraticum quoad exercitium for the Administration and Exercise of the Power For he distinguisheth between the Power which is in the whole Church and the Dispensation or Exercise thereof which is in the Governours or Officers who he saith have not all the power of dispensation because the Church reserves so much as is convenient and belonging to her Dignity Authority and Liberty given her of Christ. But this is a mistake in Politicks and the general Rules of Government For a State is mixt or pure in respect of the Constitution not the Administration and the Question is not concerning the secondary but the primary subject of power which the Officers deriving the power from the whole Church cannot be for they have
those thus Associated may have Communion in Divine Things and Actions and their Pastors with their Flocks before any form of Discipline be introduced or setled and these Believers may by Word and Sacraments receive Heavenly Comfort and attain Eternal Life without such Discipline and before it can be established amongst them and so I hope it is at this time in this Nation with many a faithful servant of God who by the benefit of a good Ministry with God's Blessing upon their Labours are truely converted and continue and go on in a state of Salvation as happily as many who are under a form of Government And here it is to be observed 1. That though the Apostles were extraordinary Officers infallibly directed by the Holy Ghost which Christ gave them yet ordinary Ministers lawfully called and succeeding them if they preach their Doctrine truly have a promise to convert and save the Souls of sinful Men. 2. That the Work of these ordinary Ministers is not only to feed the Flock of Christ already gathered but to convert and gather Sinners unto Christ and this not by the Rod of Discipline but the Word of God which is the Power of God unto Salvation 3. This gaining Souls to Christ is not the gathering of Churches out of Churches and Christians out of Christians to make a party of their own under pretence of a purer Reformation but it 's a far more excellent Work and of another kind tending directly to an higher end 4. After a Minister becomes a Pastour of a Flock and hath relation unto them as his Flock and they to him as his People he must needs have some Power over them and they must be subject unto him and obey him in the Lord and he hath power to remit Sins to shut and open and what he doth in this kind according to his Commission will be made good in Heaven Yet these Acts of his are not Acts of External Discipline but of his Ministerial Office as he is a Servant to Jesus Christ. This I speak not against Discipline which if agreeable to the word of God is a great Blessing but against all such who under pretence of this or that form of Church-Government disturb the Church and discomfort and discourage many a precious Saint of God. The end of this is to manifest that these places of Scripture Mat. 16.19 John 20.22 23. are no grounds whereon to build Church-Government section 5 Because former places are not so pertinent I proceed in the next place to the Words of Institution of Church-discipline you may read them Mat. 18.17 18. De exteriori foro ibi agitur Exterioris fori jurisdictio illo nec alio loco fundata est That 's the only place for the Institution and no other saith Dr. Andrews in that most learned and exact piece far above his other Works To understand this place we must observe 1. The Parties subject to this Tribunal 2. The Causes proper to that Court. 3. In what manner and order Causes are brought in and prepared for Judgment 4. The Judge 5. The Acts of Judgment upon Evidence of the Cause 6. The Ratification of these Acts and so of the Power 7. How this Ratification is obtained and the Judgment made effectual 1. The party subject to this Tribunal is a Brother If thy Brother offend thee verse 15. This may be explained from 1 Cor. 5.11 But now I have written unto you not to keep company if any man that is called a brother be a fornicator or covetous or an idolater c. There are covetous Persons and Idolaters of the World verse 10. and Fornicators and Idolaters which are called Brethren The former are without the latter within the Church The former are subject to the Judgment of God but not of the Church the latter are subject to the Judgment of the Church Do not thou judge them that are within So that the Subjects in this Common-wealth are Brethren Disciples such as profess their Faith in Christ. 2. The Causes are Spiritual and Ecclesiastical and must be considered under that Notion For it 's a Trespass an Offence committed by a Brother as a Brother against a Brother as a Brother whether it be a wrong against a Brother or a sin whereby a Brother is offended grieved displeased For if a Brother be a Fornicator or Idolater c. he must tell the Church and not the State he must be made as an Heathen or Publican if he will not hear the Church this is no Sentence of the State or Civil Judge it 's made good in Heaven so is not the Judgment of the Civil Magistrate It must be the Judgment of a Brother as a Brother within the Church which the Church as a Church must judge and in the name of Christ not of the Civil Soveraign and the Party offending must be delivered up to Satan not to the Sword. Yet one and the same Crime may make a person obnoxious both to the temporal Sword of the Magistrate and the spiritual Censure of the Church and may be justly punishable and punished by both though some of our English Lawyers have delivered the contrary who might ground their Opinion upon Ecclesiastical Supremacy of the King For tho' the Laws of England might determine so yet the Laws of God and Christ do not 3. The manner and order of proceeding is 1. Privately to admonish and if that take effect to proceed no further 2. If upon this the party will not reform he must be charged and convinced before two or three Witnesses and if he shall persist impenitent then he must be convented before the Ecclesiastical Tribunal upon Information and Accusation and the same once made good and evident the Cause is ripe prepared for Judgment section 6 The Judge in the fourth place is the Church Tell the Church where we must know what this Church is The word in the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we find it used in the Old Testament about seventy times by the Septuagint who so often turn the Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by that name Upon perusal of the places we shall find that it signifies Assemblies and of many kinds as good bad holy prophane greater less festival civil military Ecclesiastical and Religious occasional standing orderly confused ordinary extraordinary It 's observable that very seldome some say but once as Psal. 26.5 it signifies a wicked and prophane Society Sometimes not often it 's a Military body But most of all by far a few Texts excepted it notes an holy and religious Convention or Assembly For sometimes it 's a National Polity of Israel under a sacred Notion and very often a religious Assembly for Prayer Fasting Dedications renewing their Covenant with God Praises Thanksgivings and such like Acts of Worship so that the word seems to be appropriate unto Religious Assemblies and though it signifie other Societies yet these most frequently and principally And this is confirmed from the
some consideration or because the Apostles were in it and acted as Extraordinary Ministers of Christ invested with an Universal power over all Churches or because they were received afterwards in every particular Church or because the matter was determined in Scripture and out of it declared to be the mind of God which seems to be implied in these words It seemed good to the Holy Ghost and us ver 28. For all Canons should be so made as to be clearly grounded upon some special or general precepts of Scripture which were revealed by the Holy Ghost for they should bind more in respect of the matter and the reason upon which they are grounded than in respect of the multitude of Votes For one good reason from the Scriptures is more binding than the consent of all general Councils in the World. Another Query there is why this Controversie should be determined at Jerusalem and not at Antioch or any where else whether it was because that was the Mother-Church or because the Apostles were there at that time resident or because other Churches were not so fully constituted or because there might be there representatives from all other Churches or because they who sprang the Controversie at Antioch came from Jerusalem and pretended the Authority of the Apostles and of that Church and because it was agreed at Antioch to refer the cause to the Apostles and Elders at Jerusalem Besides all these there is another doubt concerning the Members which did constitute this Synod whether the Apostles only or the Apostles with the Elders or besides these the Brethren as distinct from them or whether if all these were of the Synod the Elders and Brethren had any decisive voice or no But to leave these doubts It s certain out of the Text. 1. That upon a controversie raised at Antioch by some who came from Jerusalem it could not be after much disputation there ended 2. That it was agreed that Paul and Barnabas with others of them should go unto Jerusalem to the Apostles and Elders about this Question 3. When these Delegates came to Jerusalem they were received of the Church the Apostles and Elders 4. Upon this and them acquainted with the controversie the Apostles and Elders came together to consider of this matter 5. In this Assembly after much disputation both Peter and James gave strong reasons why Circumcision and the Ceremonies of the Law should not be imposed upon the believing Gentiles 6. Upon these convincing reasons it pleased the Apostles and Elders and the whole Church to send special Messengers and Letters concerning the definitive sentence of the Councel unto Antioch 7. The Synodical Letters were written in the name of the Apostles Elders and Brethren in this stile It pleased us and seemed good unto us Divers particulars are here observable as 1. That we do not read that Paul acted any thing as a Judge in this controversie joyntly with the rest of the Synod and perhaps the reason might be because he was considered as a party for no man not an Apostle should be judge and party in the same cause 2. That the Apostles did not act as immediately inspired in this particular and according to any extraordinary but an ordinary Ecclesiastical power for there was much disputation 3. They did not suddenly and instantly proceed to vote the matter but they met to consider of it and debated and disputed much before they determined 4. The determination was not grounded upon the multitude of Votes but upon Divine Revelation and Scripture though not expresly yet by way of consequence as appears both from the words of Peter and of James 5. That which is the principal thing for which this Text is alledged is this that the controversie is not refered to one Apostle as to Paul alone or Peter alone or James alone but to the Apostles joyntly and not to them alone but to the Elders nor to them and the Elders alone but to them with the Bretheren and the whole Church 6. That all these gave their consent for it pleased the Apostles and Elders and the whole Church If Peter alone had been made Judge then the Pope if only the Apostles then the Bishops if the Elders alone then the Presbytery if the Bretheren alone then the People would have challenged every one severally the Legislative power in Synods to themselves alone Lastly by this we learn upon what occasion such great Assemblies are requisite if not necessary we might add that they convened by the permission not commission of the Civil Power section 11 By this you understand how and by whom the Legislative Power was exercised Of the exercise of the second branch of power in making Officers we read Acts 1.15 For 1. Upon the death of Judas one of the sacred Colledge of the Apostles a place was void This was the occasion 2. Peter conceives that another must be surrogated and succeed him in that place 3. In an Assembly of an hundred and twenty as a Chair-man he proposeth the matter 4. Acquaints them with the occasion of a new Election and lets them understand the necessity of it saying There must one be Ordained as a Witness with us of Christ's Resurrection The reason he concludes from these words of Psal. 119.8 His Office Charge or Bishoprick let another take By which words God signifies and commands that upon the death of Judas another must take the Charge with the rest of the Apostles 5. Upon this the Assembly proceeds without any Conge-disler or Lience from any other to the Election and propose two Justus and Matthias both well qualified and in that equality that they knew not whether to prefer 6. Because they could not determine whether was the fitter nor upon a Determination give a Commission to make an Apostle therefore by prayer and lot they refer and commit the cause to God who chuseth Matthias In this Election divers things are considerable 1. That if Matthias and Justus were of the number of the seventy Disciples as it 's very probable if not certain there was an imparity between the twelve Apostles and seventy Disciples in respect of their place yet what this imparity was and whether it should continue in the ordinary Officers of the Church succeeding them is not here expressed 2. That the Election of the highest Officer in the Church even of an Apostle was committed to this Assembly as fit to judge of his Qualifications 3. That none should take upon them to elect a Minister or Officer of the Church who is not able to judge of his fitness for the place 4. That God gives none any power to elect or ordain and constitute any a Minister Officer or Representative of the Church who is not duly qualified for to do the work of the place for which he was elected Justus and Matthias must be able with the Apostles to bear witness of the Resurrection of Christ. 5. The principal thing for the point in hand to be observed
is not bound to obey because he subjected himself according to the Laws of Wisdome and Justice Yet in such cases he being a subject as a Subject must be willing to suffer and not resist the power for though the power be just and we are bound to submit yet we are not bound to obey the unjust Laws of a just power The Apostles would not obey the unjust commands of their Rulers yet they did not resist their power but rather suffered though unjustly persecuted By this subjection the Subject is bound to maintain their higher Powers for the publick good and safety For this cause therefore saith the Apostle pay you Tribute also for they are Gods Ministers attending continually upon this thing Rom. 13.6 By this Subjection he is further bound to hazard not only his Estate but his Life and Person for the Soveraign and the State in a time of publick danger And all this must be done not for fear but Conscience sake For subjection is a duty required by the Moral Law of God and must be performed out of love and in obedience unto God and cannot be performed by any so fully as by a sincere Christian. And though we must pray for all men yet especially must we pray for them 1 Tim. 2.1 And in praying for them we pray for our selves and for our own peace Honour also is due from Subjects to their Soveraigns by reason of their eminent Dignity which ariseth from their power Contrary to these are dishonouring reviling or vilifying the Higher Power disobedience to their just Laws denying of Tribute and other dues refusing to hazzard Person or Estate for the Publick safety revolting and infidelity keeping Intelligence with Enemies open Rebellion and Resistance of their Power secret Treasons and Conspiracies against their Person or other ways directly or indirectly And the greatest Treason and Rebellion and Infidelity is that against the State it self and real Majesty the next is that against personal Majesty in the general Representative of the whole Community the next to that is that against the person or persons upon whose safety the Peace and Happiness of the People much depends And that which is against Government in general is far greater than that which is only against this or that form in particular Treason against Laws is more hainous than Treason against persons and Treason against the Fundamental Laws than Treason against Laws for Administration This Treason against the Fundamentals was charged upon the Earl of Strafford and the personal Commands of the King could no ways excuse him Yet it was not thought fit that the Judgment past upon him should be made a Precedent for Inferiour Courts because none but a Parliament could judge of and declare the Constitution and what was against it and what not section 4 And here I might take occasion to speak of Subjection unto Usurped Power and acting under it of the continuance of this Obligation unto Subjection and the dissolution of it of the Obligation of the Oaths of Supremacy and Allegiance the Protestation the Covenant and Engagement in respect of such as have taken them Of the Civil Wars of late how far they tended unto the Dissolution of the Government and how far they did actually dissolve it Whether the warlike resistance made by the Parliament against the King's Commissions and his party was Rebellion and whether there was any legal certain Power that could justly challenge Subjection or induce an obligation to it since the commencement of the War or whether the Power continued in the Parliament till the Members thereof were secluded whether the Act of Alteration was a sufficient ground of Obligation or whether any of the Alterations made since can be sufficient for that purpose But the distinct discussion hereof would require a great Volume which I intend not Neither if I should presume to deliver my judgment in these particulars is there any probable hope of giving satisfaction seeing so many men of Eminent Parts and Learning do so much differ in them I can and I shall pray that God would open our Eyes to see the Truth and unite our Hearts in Love one towards another 1. For Usurpation few do distinguish between the Usurpation and manner of Acquisition and the power itself For Power is Gods and is always just though it may be both acquired and exercised unjustly There are also several kinds oâ— Usurpation whereof some may be apparently unjust and some doubtful And there is scarcely any power now in the Kingdoms and States of this World but were Usurped either by the present Possessors or some of their Predecessors Neither can the tract of time make them lawful without some rational consent either tacit or express and something of Divine Providence besides For supream power personal cannot be usurped and possessed by any man without the Will of God not only permitting but acting and giving it too not that he approves mans sin or can do any thing unjust but for Reasons just and good known many times only to himself and not to us For God hath made use of Usurpers for to execute his judgements and to do as much Justice as many lawful Successors or Possessors and may bless them temporally for their good service and yet punish them for their Ambition and unjust manner of seeking Power By this he no ways doth warrant or encourage or give the least liberty to any one to usurpe power unlawfully We must in this point put a great difference between those Usurpations which are contrary to the Moral Laws of God and such as are only disagreeing with humane Institutions which many times may be unjust Suppose we desire to have an Usurper or Usurpers removed yet we must consider whether removal may not do a far greater mischief than our submission can possibly do When we do submit we must not so much look upon the unjust manner of acquiring the power as at the power itself which is from God and we must consider the necessity which Divine Providence hath brought us into seeing he gives us no power or opportunity to right our selves in respect of humane Titles or free our selves from such as we conceive Usurpers under whom he many times enjoys Protection Peace Justice and the Gospel It 's no Wisdom to be so ready and rash as to call every one Usurper which did not obtain his power according to the Fancies and Idea's of our own Brain and to deny all power when as they know that if there should not be power and in the hands of some and the same exercised too all would come to ruin and they themselves could not escape It may be observed that the greatest Usurpers themselves are readiest to charge those with Usurpation which have justly dispossessed them Yet for all this we must not justifie Usurpation that is truly and really Usurpation neither must we swallow Gudgeons comply with every party and sail with every wind as some are ready to do Yet
as some say at the King's command and that without Law and Authority of Parliament were confessed by many and exclaimed against generally and divers charged the Bishops as guilty of Usurpation And how could they be less when they imposed the reading of the Book of Sports and Recreations on the Lord's Day and punished divers Ministers refusing to read it and which was not tolerable the Rule of their Proceedings in the Exercise of their Power were Canons never allowed by Parliament besides the business of Altars and bowing towards them which had no colour of Law. Many began to set up Images in their Churches and innovate in Doctrine In consideration of all these things a Reformation if it might be had was thought necessary not only for the perfection of the first but also for to cut off the late introduced Corruptions and prevent the like for the future An opportunity seemed to be put into the hands of a Parliament with an Assembly of Divines for Advice to do this A Reformation they promise begin to act in the way and the expectation was great But instead of perfecting the former Reformation they cause a new Confession of Faith and new Catechisms to be made instead of the former Litany and Set-form of Worship a new Directory is composed and allowed for Discipline the Episcopal Power is abolished and the former Government dissolved the Presbyterian way and that very near to that of Scotland is agreed upon So that whatsoever was formerly determined by Law is null and void In the end all that was done in Doctrine Worship and Discipline in a time of War without and against the mind of the King did vanish was rejected by many and received by few and such an Indulgence under pretence of favouring tender Consciences was granted that every one seemed to be left at liberty Hence sprang so many Separations and Divisions that England since she became Christian never saw the like There were Divisions in Doctrine so many as could not be numbred and men were in their judgments not only different but contrary And the former Errours pretended to be great were few in number far less noxious in quality to these latter which were very many and some of them blasphemous and abominable All the old damned Heresies seemed to be revived and raked out of Hell and the more vain and blasphemous the Opinion was it was by some the more admired For Worship instead of some Ceremonies or Superstitions at the worst all kind of Abominations brake out of the bottomless Pit. Some professed high Attainments and Dispensations to the contempt of Sabbaths Sacraments and Scripture it self Some turned Ranters as though the old abominable Gnosticks had been conjured up from Hell. Some become Seekers till they lost all Religion Some were Quakers and most rude uncivil inhumane Wretches deadly Enemies of the Ministery and most violent Opposers of the Truth and some no ways ill affected but otherwise well disposed people seemed to be suddenly bewitched as the Galatians were and could give no Reason nor Scripture for the Separation and Alterations To be Anabaptists seemed to be no Offence in comparison of the former For Discipline some adhered to the Prelatical Form and refused Communion with the Presbyterian Party who with the Scottish Kirk thought their way to be the pattern in the Mount. The Congregational was of another mind and stood at as far a distance from them on one hand as the rigid Prelatical Party did on another Yet in all this God preserved an Orthodox Party who retained the substance of the Protestant Religion with moderation and these are they whom God will bless and make victorious in the end For all these came to pass and were ordered by Divine Providence to discover the Frailty of all the Wickedness of some the Hypocrisie of others to mainifest the Approved to confirm the Sincere and let men know what a blessing Order and Government in Church and State must needs be Here are many Separations some passive but many active As for the Quakers Seekers Above-Ordinance-Men Ranters their Separation under pretence of greater Purity is abominable The Antipedobaptists and the Catabaptists cannot justify themselves and in the end it will appear The Dissenting Bretheren and Congregational Party after they began to gather Churches with the rigid Prelatists and Presbyterians cannot be excused They who actually concurred to procure a Liberty and Indulgence especially the Zealots in that work who had a design to promote their own way have much to answer for and their account will be heavy And surely they are no ways innocent who took away the former Laws and Government before they had a better and in their own power effectually to establish them And whosoever departed from the former legal Doctrine Worship and Discipline in any thing wherein it was agreeable to the Word of God must needs be worthy of blame as also those who took an ill course to introduce that which was better They who will not Communicate with others or refuse to admit unto Communion with themselves in all parts of Worship such as are Orthodox and not changeable with Scandal are Offenders and cannot be free from Schism in some degree The Usurpations of the Bishops and the Innovations made by them and their Party together with their Negligence and Remisness in the more material parts of Discipline gave no little cause of Divisions and Separations To be hasty high rigid in Reformation is a cause of many and great Mischiefs This Church of England upon the first Reformation within a few Years brought forth to God even under that imperfect Reformation many precious Saints and glorious Martyrs And after the Persecution how did she multiply and yield as many able and godly Ministers and gracious Servants of God as any Church in the World of that compass And all those good Children were begotten nursed and encreased whilst under one supreme independent national Judicatory And though the first Reformation was imperfect and the Church in some things corrupted and many Members of the same without sufficient cause persecuted by some of the ungodly and unworthy Bishops yet for any of the Subjects and Members to separate from her without some weighty cause must needs be a sin A Reformation might have been made without pulling down the whole Frame and opening a way to the ensuing Divisions Imperfection is no sufficient cause to separate from that Church wherein any person receives his Christian being or continuance or growth of that being neither is every kind of Corruption No Church but hath some defects but hath some corruptions and no man should depart from any Christian Society further than that Society is departed from God. To depart and divide upon conceits of greater purity and perfection or out of a spirit of Innovation or in any thing which is approved of God and not contrary to his Word cannot be lawful Let every one therefore reflect upon the former Divisions and