Congregation say our Brethren Jus divinum Regim p. 230. 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 inter se collaterales potestate Ecclesiastica aequales saith Voetius Disp de Polit. Eccles p. 3. 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 â—… 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 Reproach 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 Voetius Desp Caâ—… â—ap 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 Treatise printed Anno 1613. One Company of Men assembled 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 A Collection of sundry matters Anno 1601. now is an INDEPENDENT Congregation 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 and over it self by the common and free consent of the People INDEPENDENTLY and immediately under Christ Confession of Faith p. Anno 1601. 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-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 to 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
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 Job 40.18 this is peculiar to rational Creatures 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 over 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 Both Authorities and Jurisdictions joyn together and the one helps the other Stat. 20. Hen 8. c. 12. §. 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 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 Râ—v 1.16 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-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 Dominium 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 over many Churches much more over whole Kingdoms and Provinces of Churches ' Dr. Bilson speaks much to this purpose ' Tho saith he Of Supremacy pag. 238. 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 Holy Common-wealth pag. 220. containeth all the People in a whole Nation 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 Considerations about Church-Affairs in all Laws in the World 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 meddles 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 making the same Fault Treason in one Age that in the next not so much as Imprisonment 1 Eliz. cap 1. with 35 Hen 8. 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 the same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo Carbo de Leg. lib. 2. cap. 8. tum Ecclesiastica tum Civilis sit à Deo tamen non codem 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
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 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 Apol. Part 1. Cap. 1. 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 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 Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canons 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 The Licence to the Convoc in Anno 1640. approve 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 Synod and nominate each particular Person of what Quality and of what Number of His Natives as He shall please and give them like Authority in Ecclesiastical matters So was that 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 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. 3. These Laws saith * De Ju. Ec. pag. 9. 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 * Dr. Ridley's view pag. 110. * 25 Hen. 8. c. 19. * 15 Hen. 8. c. 21. 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 This my Lord Coke asserts De Jure Eccles 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
Jurisdiction or Compulsion Such persons interpose by way of Intreaty Perswasion Pleading the Cause of the wronged Reproving Threatning 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 Reasonings Rebukes Hos 2.2 yea openly and before others 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 Gal. 2.11,14 And in his dealing with Barnabas Pauls spirit did rise higher and yet no Power or Jurisdiction exercised or might be by one Apostle over another Act. 15.39 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 Hâ—…s and Lives of men and women is ordinarily by the applicatiâ—…â—f 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 not by Discipline Until they be judged believers they are without 1 Cor. 5. 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. 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 â—…ectual means to reform the miscarriages of particular Churches if appealed unto Receptum est in Gallia ab Ecclesiasticis posse provocari ad ad carias supremas Parliamentorum P. Gr. Tholos l. 50. c. 2. §. 36 Ruther Due Right cap. 6. §. 5 pag. 396. 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 Cap. 2. If the Brethren or Officers in a Church be perverse 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-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 rectify 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. 36. 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
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 the one of Causes and the other of Persons Ad leges per se requiritur potestas in persinam secundario â—…res 〈◊〉 Suarez 〈…〉 lib. 1. cap. 8. 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 Exod. 21.29 Ox which goreth a Man that he dieth 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 immediately the Object of this Supreme Power and the Laws made by it upon another Consideration than as Bishops c. namely as being born within these her Majesty's Realms and Dominions and such Persons of what Estate either Ecclesiastical or Temporal soever they be She hath the Sovereignty and Rule over them Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables and hath to do with Matters and Causes as well as Persons that are spiritual as hereafter we shall shew but 2. Principally that a Calling or Employment in Church-Affairs whatsoever hath been formerly judged and practised doth no more exempt a Person and his Actings that is a Subject to the Queen upon any other account from her Secular Power than doth a Temporal Calling or Employment in any worldly Affairs There is something of Explication further in the Articles of Religion concluded in the Year 1562. The 37th Article is this The 37th Article professed in the Church of England The Queen's Majesty hath the chief Power in her Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction Where we attribute to the Queen's Majesty the chief Government by which Titles we understand the Minds of some slanderous Folks to be offended we give not to our Prince the ministring either of God's Word or of the Sacraments The which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn and Evil-doers The Bishop of Rome hath no Jurisdiction in this Realm of England It is mentioned in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the Eighth c. Which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but Secular Popes This Objection was strengthned by the Subtilty of Gardiner Whom Calvin terms Impostor ille in Am. 7.13 abroad and at home by a Sermon preached at Paul's-Cross in the Year 1588 by Dr. Bancroft who calls Queen Elizabeth a petty Pope and tells us her Ecclesiastical Authority is the same which the Pope had formerly This 37th Article removes the Scruple sufficiently 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures c. And for what Power Henry the Eighth challenged 26 Henry 8. cap. 1. it was no new Jurisdiction wrested from
yield Obedience to any Commands given by it or make any Appeals or Complaints to it 3. That which followeth and wherein the main of this Engagement lieth is in these Words I do promise that from henceforth I shall bear Faith c. and to my Power shall assist all Iurisdictions c. Herein is required a Promissary Oath swearing Allegiance to the King as a Loyal Subject to submit to his Laws as also if there be occasion to my Power to assist and defend him and all Jurisdictions and Priviledges belonging to him Though my Perswasion be ever so right my Resolution ever so sincere at the taking of this Oath that 's not all is required In an Assertory Oath if there be Truth and a right Frame of Heart in time I swear and give my Testimony it sufficeth But a Promissory Oath is not discharged by this that I sincerely intend what I say and promise for I engage to Action and for the time to come I must not only promise but if it be lawful and possible I must act and do accordingly Numb 30.2 If a Man swear an Oath to bind his Soul with a Bond he shall do according to all that proceedeth out of his Mouth CHAP. II. What is meant by Persons and things Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms IF this Expression Spiritual be interpreted by the Contradistinct Member Temporal it seems to direct us to understand such matters as concern Eternity for that is the true Opposite to what is temporal 2 Cor. 4.18 The things that are seen are temporal and the things that are not seen are eternal now in strictness of Speech carnal not temporal is the opposite Member to spiritual I could not speak unto you as spiritual Men but as to carnal 1 Cor. 3.1 and 1 Cor. 9. If we have sown unto you spiritual things is it a great matter if we reap your carnal things But this is too narrow and strict a Sense There are matters vulgarly termed Spiritual or Ecclesiastical being such in Name and Title only having nothing of a spiritual Nature in them Such a Distinction of spiritual things you have in a Letter written by Henry the 8th to his Clergy of the Province of York in the Year 1533 who were offended at his Title of being Supream Head of the Church ' Men saith he being here themselves earthly and temporal cannot be Head and Governour to things eternal nor yet spiritual taking this word Spiritual not as in the common Speech abused but as it signifies indeed ' By spiritual things as abused in common Speech he means what is given to all such Persons and Causes as belong to the Spiritual Court and are termed by Civilians causae vel res contentiosae vel judiciales matters of contest inter partes actorem reum and come to be determined by Sentence of the Judg in those Courts By those things that are indeed spiritual is meant res extra judiciales or non contentiosae that is such things as are determined not in a Judicial or Court-way of Tryal by Witnesses Oaths Interpleadings Sentences and the like but in a more deliberate and synodical way having the Word of God for Witness and Judg both in respect of what we do and what we may do in things of this Nature Causes Ecclesiastical saith Dr. Field Field of the Church p. 680. are of two sorts for some are originally and naturally such and some only in that they are referred to the Cognizance of Ecclesiastical Persons as the probat of the Testaments Matrimony c. Those Spiritual Courts being continued and the same Causes tried in them as before when this Jurisdiction was usurped the matters that were then are still vulgarly reputed Spiritual Emperors receiving the Christian Faith honoured the learned and godly Bishops antiently with some Jurisdiction in the cases of Tythes Matrimony Wills and the like which are termed Ecclesiastical or Spiritual not from their own 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 received 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 Sir J. D. in his Reports the Case of Premunire or heard of in the Christian World the Causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were meerly Civil and
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 miserable 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 Power conduceth to this Work divers ways 1. By setting up and protecting a Gospel-Ministry He only can subserve Providence by sending or giving way to others to send forth fit Persons and enforce a Maintenance for their Encouragement in this Worâ—… By such a Woâ—d of Providence it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we come to hear and by hearing we believe Rom. 10.17 He can urge his People to come to the Means and outwardly conform to the same and so bring them to the Knowledg of the Truth the very Knowledg whereof tho not saving is a means at least to restrain our inbred Corruption and to work preparatively to Conversion bringing Men into a Condition not far from the Kingdom of Heaven as Christ speaks 2 Pet. 2.20 2. The Civil Magistrate hath Power to punish and reward and so to work upon the Passions of Fear Desire Hope c. Man even in his Natural Estate hath free Will in Moral Actions if it be excited and drawn forth The Passions are so seated betwixt the Will and Senses that outward and sensual Objects work effectually upon it the Motions of the Will in this our State of Corruption depending more upon the visions of what is sensual than what is a rational Good or Evil. The most commanding and stirring Passion and with most â—…fe and vigour in a natural Man is Self or Self-Love it is the first Principle usually that God excites in us towards Conversion as in the Parable of the Prodigal and divers other Scriptures Sickness Poverty and the like Occurrence of Providences Punishments for Sin being sanctified by the Lord work much upon us so Miseries inflicted upon the more obstinate from Magistrates in Justice for evil-doing have the same Operation and by reason hereof gross Corruptions are kept in and restrained whereby the Habits of Sin decrease and become less rank in the Soul Hominem etsi timore poenae fugiat peccatum paulatim affectum animum ad illud amittere è contrario concipere odium â—…tus ideoque etiam vitare peccatum Aâ—iag de Leg. Disp 13. §. 9 It is a hedging our Way with Thorns as the Prophet speaks Hos 2.6 A great part of the World lies without the Pale of the Church and the severity of its Judicature reacheth them not This Power is exercised only on Church-Members 1 Cor. 5.12,13 we have nothing to do to judg them that are without tho they be Fornicators or Covetous or Idolaters or Drunkards or Extortioners Churches in respect of Censures and Punishment leave them to God by the Magistrate or the like Providential way to judg them vers 13. 3. Impedimenta removendo he removes corrupt Teachers that slay Mens Souls by crying Peace prophesying of Wine c. Mich. 2.11 indulging Sinners in their Security and such as by Errors and false Doctrine poyson Mens Souls to their eternal perdition by restaining Stage-Plays not permitting Brothel-Houses and the like Fomenters of Sin Now
termed a Nurse The Prophet in this Promise hath an Eye to Gospel-Times and Churches called together amongst the Gentiles In an Age when there would be no Prophets or Apostles or Signs or Wonders or mighty Deeds 2 Cor. 12.12 wrought in the behalf of the Church as was in the Jewish Oeconomy and first Age of Christians It 's promised that Kings and Princes either by a common or saving Change shall become nursing Fathers nourishing and protecting Christ's feeble Orphant the Church 1 Sam. 10.6,9 1 Kings 4.29 And where the Magistrate is such we ought to pray that all may be such we have the Liberty under them notwithstanding the World's Enmity to lead a quiet and peaceable Life and this not only in Honesty but in all Godliness 1 Kings 4 2â— 3. The Judgments of God Sword of the Magistrate and the like external Administrations are helpful to the best of Men who are liable while a Body of Sin to as foul external Acts of Sin as the worst of Men. The spiritual part in us by these means helps it self much in an hour of Temptation especially against the Flesh over-ballancing the Pleasures of Sin from rhat Shame and Grief Sin brings with it so that Self-love or a higher Principle is hereby strengthened to avert us Servile Fear evil only in defect is good and useful to the best of us while in a mixed Condition and not perfect in our Love to God Joh was eminently godly and righteous yet in both much furthered from the Consideration of Wrath and Judgment If I have seen saith he Job 31.19,21 with 23. any perish for want of Cloathing If I have lift up my Hand against the Fatherless c. ver 23. For Destruction from God was a Terror to me The Magistrates Ecclesiastical Power had the like effect to restrain Impiety in him as vers 26 27 28. If I behold the Sun and my Heart hath been secretly enticed or my Mouth haue kissed my Hand this were an Iniquity to be punished by the Judg The Apostle Paul though constrained by Love vers 14. Such was his Affection to Christ yet moved also to Duty from the Consideration of Judgment and Terror 2 Cor. 10.11 If it be thus with the best of the Saints much more will Churches stand in need of such an external Help against Corruptions There being not only a mixture of Flesh and Spirit in those that are Members indeed but a mixture with them of Hypocrites and such as are Members only in shew We find in the Churches planted by the Apostles a use not only of Spiritual Censures 1 Cor. 5. but also outward and bodily Afflictions Sickness Weakness c. 1 Cor. 11. for Church-Miscarriages and it 's said to be for the Salvation of their Souls Chap. 5. ver 5. with Chap. 11. ver 32. So that Severity of the Lord on Ananias and Saphira was for a Church-Fault and it 's said Vers 11. Great Fear came upon all the Church It was an eminent Church before whom Paul shakes the Magistrate's Sword and tells them if they do that which is evil they have cause to be afraid for he beareth not the Sword in vain Rom 13. Afflictions that are from a more immediate Hand of God either in an ordinary or an extraordinary way those also that the Lord chastiseth us with by the Hand of the Magistrate I difference not each being to the same purpose and as an external Discipline For where there are no Magistrates or negligent ones God in a providential way and more immediately judgeth and afflicts Evil-doers even as where Church-Discipline is wanting or neglected God himself excommunicates as it were and gives Men up to Terror and Anguish of Soul for their evil Deeds If we should draw in here Instances from the Jewish Church and how the Lord disciplined them by the Civil Magistrate and afflicting the outward Man there can be nothing more evident than this an undoubted Usefulness of such Dispensations 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 2 Chron. 3 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 while 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 Benefit 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 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. Col 2. 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 and the like amongst them 1 Cor. 12.20 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 and oft-times do give Offence as well as single Persons 1 Cor. 10 32. It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whether 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
Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. 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 Soto de Just lib. 54. 6. art That in a voluntary and brotherly Society 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 considered 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 II. Disparity 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 III. Disparity 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 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 Licitum est saith P. de Aragon Aragon in 2. 2. q. 69. a. 3. D.Th. in re grave cuique causam suam defferre ad sedem Apostolicam 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 as we need much understanding to draw it out Prov. 20.5 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 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. Mat. 18.15,17 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