Nature but from the Quality of the Persons who were made Judges of them They being spiritual Men the Causes come to be called spiritual Causes after their Names and Quality that were set over them These Causes growing and increasing in after-times according as spiritual Persons were able by the Popes assistance to rifle from Princes the managing of them require more hands than those to whom first committed namely the Bishops and such as were in holy Orders they therefore took in for Assistants a great number of others as Archdeacons Chancellors Commssiaries Officials c. and these are denominated Spiritual from those Causes and their assistance of Bishops in the managing of them and their Courts Spiritual Courts There are Persons that are truly spiritual The spiritual Man saith Paul judgeth all things 1 Cor. 2.14 and Gal. 6.1 Ye that are spiritual c. That is such as have Grace and Holiness He also that hath spiritual Gifts and in a Gospel-Office or Calling is a spiritual Person 1 Cor. 14.37 a Man of God 2 Tim. 3.17 1 Pet. 2.5 And there are Matters or Causes that are truly spiritual as the Law is spiritual Rom. 7. The Gospel and preaching of it is a sowing of spiritual things 1 Cor. 9. the Worship and Service of God 1 Cor. 12. and 14.12 and all Gifts and Ordinances of Christ are spiritual Yea whatsoever things natural or moral that are helps to the Persons worshipping and by which the Worship it self becomes more orderly and to Edification and in the defect whereof the Name of God is taken in vain and Ordinances of Christ become less acceptable and effectual these Things and Circumstances in some sence may be termed Spiritual or Ecclesiastical Persons and Causes of each sort whether vulgarly or properly termed Spiritual or Ecclesiastical are some way or other under the Magistrates Government The former of these those spiritual Persons and Courts and Causes appertaining to them in the first framing of this Oath were principally if not only intended and aimed at as appeareth in the Statutes before mentioned And indeed the greatest Contention between the Pope and our Princes in all time hath been about Ecclesiastical Matters of that nature being then judged of greatest prejudice in respect both to the Honour and Wealth of this Nation For those matters more truly spiritual and nearly relating to God and his Service the Ignorance of the times was such his Impositions both in Doctrine and Worship though very sinful unsound and superstitious were generally recelved by Prince and People in this Nation without resisting or complaining There can be no question but these matters being indeed temporal properly belong to the Secular Powers For for the space of three hundred Years this Distinction was not known saith Sir John Davis or heard of in the Christian World the Causes of Testaments Matrimony Sir J. D. in his Reports the Case of Premunire c. termed Ecclesiastical or Spiritual were meerly Civil and determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other § 1. THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority this is peculiar to rational Creatures Job 40.18 and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself ever others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority
Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars Disparity I In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied Videtur axioma communiter acceptum inter probos Religiosos Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us That in a voluntary and brotherly Society Soto de Just lib. 54.6 art it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be confidered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15 16 17. where each step and circumstance in the progress from a lesser to a greater Authority is described Disparity II From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all Disparity III The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at
the Punishment which as yet stands is greater The first Refusal of the Oath brings the Person within a Praemunire and if tendred a second time after the space of three Months and again refused by the same Person it is High-Treason This Severity in the Punishment is recompensed with a more gentle and indulgent Interpretation of the Oath as will appear in the following Section As we are not to swear rashly so our Laws do not give Oaths rashly but with great care and tenderness weighing and considering both the Matter Persons Penalties and the Season or Occasion being not willing their Laws or Punishments for breaking of them be a Snare or at any time more grievous to the Subject than the Necessity of State requires § 4. The true Scope and Sence of this Oath may be gathered from the Laws and Statutes since established and some Light also from other Writers of Note Queen Eliz. within a little time after this Oath was reduced to the Form wherein now it stands in an Admonition annexed to the Injunctions declareth the Sence and Interpretation of it as followeth The Admonition annexed to the Queen's Injunctions THe Queen's Majesty being informed that in certain Places of this Realm sundry of her Native Subjects being called to Ecclesiastical Ministry in the Church be by sinister Persuasion and perverse Construction induced to find some scruple in the Form of an Oath which by an Act of the last Parliament is prescribed to be required of divers Persons for the Recognition of their Allegiance to her Majesty which certainly neither was ever meant ne by any equity of Words or good Sence can be thereof gathered would that all her Loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty Allegiance or Bond required by the same Oath than was acknowledged to be due to the most noble Kings of famous memory King Henry the Eighth her Majesty's Father or King Edward the Sixth her Majesty's Brother And further her Majesty forbiddeth all manner her Subjects to give ear or credit to such perverse and malicious Persons which most sinisterly and maliciously labour to notify to her Loving Subjects how by the Words of the said Oath it may be collected the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministry of Divine Offices in the Church wherein her said Subjects be much abused by such evil disposed Persons For certainly her Majesty neither doth ne ever will challenge any other Authority than that was challenged and lately used by the said noble Kings of famous memory King Henry the Eighth and King Edward the Sixth which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have the Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other Foreign Power shall or ought to have any Superiority over them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another Ad leges per se requiritur potestas in persmam secunderio in res altas Suarez de Le◠lib. 1. cap. 8. the one of Causes and the other of Persons Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Ox which goreth a Man that he dieth Fxod 21.29 yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9 10. Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and
to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power § 2. What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Stat. 20. Hen 8. c. 12. Both Authorities and Jurisdictions joyn together and the one helps the other § 3. Their Differences are in these Particulars 1. Though both have in their respective way to do with both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Rev. 1.16 Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Deminium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction
is by that Author further said If the Brethren or Officers in a Church be perverse Cap. 2. and will not hearken to Reason they that are wronged are to crave the assistance of the Civil Magistrate who alone hath Power and who ought by the Civil Sword and Authority procure to all Members of the Church Governors or others freedom from all manifest injuries and wrongs The manner how the Civil Magistrate is to proceed in church-Church-causes is there also described to us in the words following Though the Civil Magistrate cannot absolve the Excommunicate person c. or take away this power from the Church yet when they or any of them shall apparently abuse the same he is bound by the Law of God and by virtue of his Office grounded upon the same to punish them severely for it and to force them by Civil Mulcts to rectisy c. THus I have done with that first Consideration upon the account whereof the Vsefulness and Necessity of the Civil Magistrates Ecclesiastical power is affirmed Which is in respect to the well-being of Churches There is another consideration remaining now likewise to be prosecuted shewing the like necessity of this Power in respect and relation to the well-being of the Commonwealth The Knowledge and true Worship of God and the means hereof the word of God is a national gift He hath given his Law to Jacob he hath not dealt so with other Nations Psal 147. It was true then for Israel had this priviledge as a peculiar but now it is otherwise And where the Lord is so bountiful to a Nation thus to give the means of Life and Salvation it is a Depositum Governors must account for The whole Nation becomes peaceable prosperous or otherwise according as the matters of God and his Worship are more or less Religiously attended by the Governors and People thereof This Consideration is urged by Bishop Davenant to this purpose Daven de judu cont ca. 16. p. 91. Regis potestas judiciaria se extendit ad ea omnia sancienda quae rem publicam florentem conservant atque ad ea tollenda c. The Kings Legislative power extends to the establishming of whatsoever may preserve a Commonwealth in a flourishing State and the taking away of all such things as may prejudice or ruine it But the Religious Worship of God is granted of all even of the very Heathens as of concernment to the well-being of the Republick and the neglect of it to the eversion of it The careful and orderly management of Religious affairs being a special means and way to make the Republick prosperous the care whereof lieth upon the Magistrate It is necessary that he both judge of and put forth his Authority in the procuring and preserving such a means or conducement the further prosecution of this second Argument together with other particulars requisite to the resolving this Case I shall leave to a second Part of this Discourse in which after the clearing and vindicating the former part of the Oath as lawfully to be taken The two great doubts arising from the latter part of it shall more largely be insisted upon The words are these I shall to my Power Assist and Defend all Jurisdictions belonging to the Kings Highness or united to the Crown c. The Doubts hereupon are 1. The Jurisdiction Priviledges c. granted and united to the Imperial Crown are unknown unto us and some of them Controverted How can we swear in judgment Jer. 4.2 Answ Though there be not a distinct knowledge in respect of each particular yet an Oath may be taken in Judgment and how 2. There are some Jurisdictions Priviledges c. in Spiritual matters granted and united to the Crown the lawfulness whereof are scrupled and we may possibly believe they do not belong to the Civil Magistrate How can we swear to assist and defend him in such and Swear in Righteousness Answ In a Federacy or Allegiance to assist and defend another against a common Enemy if the things be just and lawful in His opinion though doubted of or thought otherwise in ours It is no unrighteousness in us to give assistance according to our Oath These Resolutions and Assertions I doubt not will be made evident in what is to follow and be the other part of this Discourse POSTSCRIPT HAving satisfied divers Friends that were scrupled about the Oath of Supremacy I was desired by my Brethren in the Ministry and others knowing my unhappy leisure to publish something this way wherein accordingly I made entrance but finding this Oath not so much pressed and the Subject such as is capable from me especially of a various reception I laid it long aside with purpose to make no further progress afterwards understanding some Persons of Honour judged such a Work to be useful and seasonable it was re-assumed In the Prosecution hereof I have stated something of Ecclesiastical Jurisdiction as claimed by Churches and Churchmen of each perswasion and how it stands in habitude and relation to His Majesties Supremacy in these Affairs Not with any purpose to reflect upon the judgment or practice of others whom for their Learning and Holiness I shall ever greatly reverence but that I might the more fully and distinctly lay down what is asserted by those of the Congregational way And upon these Considerations 1. It being now a season for us humbly to apply for the Liberty of our Consciences in the Worship and Service of God upon the encouragement of His Majesties most Gracious Declaration exhibited on that behalf wherein we understand our selves to be fully comprehended And finding our Way and Principles represented by some in Print though we fully agree with this and other Reformed Churches in all the Articles of Religion concerning the true Christian Faith and Doctrine of Sacraments Printed Anno 1658. which is evident by our Confession of Faith as inconsistent with and destructive to the Peace of Civil Government This if believed cannot but be a sufficient Block in the way of our Liberty I thought it necessary for the removing all Prejudices in order to the obtaining of our aforesaid Liberty to give some further account of our Way and to represent more distinctly and particularly our Principles that it may appear whatsoever hath been said to the contrary that there is nothing in them but what is consistent with and most agreeable to the Civil Government or that should render us in any sort uncapable of receiving the fruit and benefit of the King's Majesties Favor and Indulgence promised to Tender Consciences 2. We find Ecclesiastical Power where claimed Jure Divino Secret Walsingham's Letters to Critoy and immediately from the Lord by their Churches or Officers hath always been a matter of Jealousie as derogating from the King's Supremacy I. The Jurisdiction we pretend to as appears in this Discourse and avouch as the appointment of Christ is the lowest for kind and of narrowest extention
to very great Poverty and Servitude Such Ruine being brought upon both Kingdoms by this Device and Engine the Claim and Exercise of Ecclesiastical Jurisdiction over Persons and Causes by a Foreign Power the Nation was awakened both King Lords and Commons yea the Spiritual Lords themselves to join with more Vigor against this Foreign Usurpation To this purpose severe Laws were made in the Time of Edw. 1st 2d 3d. Richard the 2d and Hen. the 4th Notwithstanding these Laws and some formerly as the Constitutions of Clarendon by Hen. 2. partly by Sufferance and partly by Negligence the whole Nation being Catholick and held under a devotional Slavery there was no thorow or successful Contest against these Oppressions They remained unto and were complained of in Henry the Eighth's Days as of Appeals to Rome in Causes of Matrimony Divorce Tithes c. to the great Inquietation Vexation and Trouble Costs and Charges of the King's Highness and many of his Subjects 24 Hen. 8. cap. 12. In a further Complaint Anno 25 cap. 21. it is declared how that the Subjects of this Realm have been greatly decay'd and impoverished by intolerable Exactions of great Sums of Money claimed and taken out of this Realm by the Bishop of Rome as well in Pensions Censes Peter-Pence Procurations Provisions Delegacies Rescripts in Causes of Contention and Appeals as also for Dispensations Licenses Faculties c. who assumed a Power to dispense with all humane Laws Vses and Customs of all Realms And many the like Complaints were made to King Henry by his Parliament at several times as it appears in the Statutes of that Age In which Statutes as in that of the 24th of Hen. 8. c. 12. 25. c. 21.26 c. 1 3. Anno 28. c. 1 7 10 16 and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level and all Ecclesiastical Power reduced within his Majesty's Dominions and placed in the Arch Bishop and other Ecclesiastical Persons under him by firm and severe Laws This being done the King is petitioned by his Lords and Commons That for further Corroboration of those Acts and utterly to exclude the long usurped Power Authority and Jurisdiction of the Bishop of Rome that an OATH containing the Substance and Effect of those Statutes be limited and tendred to his Subjects This Parcel of Sacred Worship an Oath is indulged to Mankind in Civil Affairs Such is the Falseness Unrighteousness and Uncertainty of Men as that human Societies could hardly subsist without it The Lord to repair our Credit hath formed Mens Hearts generally to a great and apparent Religion and Reverence of this Ordinance The Heathens themselves termed it Sacramium as if the most eminent or only Thing Sacred and religiously to be observed It is so effectual a Means to establish a Reformation as Men will be kept firm by Oaths saith one tho there were neither Laws nor Magistrates Liv. Hist We are exposed to more Variety and Changes from Vnsteadiness in the Mind than from any thing that is without us Fix the Conscience and you six the Man whatever Evil he is thereby exposed to There is nothing generally more effectual to fix the Conscience than an Oath If I have sworn and invocated the Name of God in an Engagement it will be an End of all Strife and dispute with my self as well as with others Heb. 6.16 Our Counsels and Resolutions are in common apprehension become immutable when confirmed by an Oath ver 17. Numb 30.3 Whosoever saith Moses sweareth an Oath and bindeth his Soul by a Bond. It is the Bond of the Soul we have given Security for our Faithfulness from Heaven For removing the Romish Yoke which lay so heavy upon Prince and People Means hath been used again and again almost in each King's Reign for near Four Hundred Years but to no great effect Gospel-Light dawning about us and the binding of our Souls by an Oath hath been the fixing of this great Work and the best Fence against Popery that ever was set up I have spoken the more sully of the Occasion and this Means our Oath that we may not judg the taking of it to be a taking the Name of God in vain for as long as this Nation is in danger of Popish Tyranny in Ecclesiastical Matters so long is this Oath of absolute use and advantage as the best Security between Man and Man for Union against it § 3. A Parliament being called in 22 Hen. 8. the King was recognized by the Clergy of that Convocation Supreme Head of the Church the Expression or Form hereof debated a reed upon and subscribed by each Person there was this Cujus Ecclesiae Anglicanae singularem Protectorem unicum supremum Dominum quantum per Christi leges liect supremum Caput ipsius Majestatem recognoscimus This Title was afterwards confirmed by divers Acts of Parliament and two Oaths formed to this purpose in one Parliament viz. 28 Hen. 8. the one more brief having with it the Succession of the Crown in cap. 7. the other more full and large and to this purpose only cap. 10. Some Years after viz. in An. 35 Hen. 8. a Revive of both these Oaths was made by the Parliament and with some Alterations reduced into one The Reasons there are given why this was done and it was resolved Those Oaths shall not therefore be administred and this Oath to stand in force and place of the two Oaths Which Oath began thus I A. B. having now the Vail of Darkness of the usurped Power of the See and Bishops of Rome clearly taken away from mine Eyes do utterly testify c. This Oath remained the same the rest of his Reign and all Edward the Sixth's time Queen Elizabeth in the first Year of her Reign made these Alterations 1. That Expression of Supreme Head c. went hardly down by some as taking too much from the Pope and as giving too much to any Secular Prince by others Tho Henry the 8th by his Letter written to the Clergy of York-Province Anno 1533. well defends it yet Queen Elizabeth by her Parliament changed that Expression 1 Eliz. 2. The Oath was altered to use Secretary Walsingham's Words into a more grateful Form In his Letter to Critoy Sec. of France the hardness of the Name and the Appellation of Supreme Head being removed 2. This Oath by that 35 of Hen. 8. might be tendered to any Subject at the King's pleasure cap. 1. By the Statute 1 Eliz. 8. the urging of it was limited to certain Persons employed in Publick Trust 3. The Penalty for refusing it at first was no less than High-Treason By the Statute 1 Eliz. the Punishment for Refusal is only a Disenablement to take any Promotion or exercise any Publick Charge yet with this Proviso if afterwards during Life there were a submitting to take this Oath the Person might be restored to his Office or Charge But by the Parliament in 5 Eliz.
no Invention of Man that by contriving Pipes or any other Artifice can make Water freely and naturally run higher than the Spring-Head Tho that Jurisdiction which hath its rise in a particular Church be pumped up into a Classis or Synod it is but the same it was before Synods saith Parker out of Chamier Polit lib. 3. cap. 13 § 9. Disp de Polit. Eccles p. 5. nullam habeant Authoritatem c. They have no Authority but what is derived from particular Churches So Voetius There seems to be a great Emphasis in those Particles of Propriety Children obey your Parents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so to Servants 1 phes 6.1 And speaking of the Relation of Husbands and Wives by which is set forth our Obedience to Christ and his Officers it is more appropriate Ephes 5.24 As the Church is subject to Christ so let the Wives be to their own Husbands it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 propriis viris not only theirs but their own Husbands It is said 1 Tim. 3.4 One that ruleth well his own House 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So of Ministers Know them that labour among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and are ever you in the Lord 1 Thess 5.12 and in Heb. 13.17 it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Duces vestri your Captains Officers in Churches being as exactly limited as in an Army There is no Power in a Superior to command where no Obligation upon the Inferior to obey And therefore the Lord seems by these Expressions to limit both Church and Family-Power within their own Walls This is the Judgment of the Learned of each Persuasion Bishop Davenant Nota est Jurisconsultorum regula c. It is a known Rule of Lawyers A Sentence given by him that is not his Judg is void in Law But particular Churches are not the Judges of private Persons that are of other Churches how much less then over the Churches themselves such Sentences were to be slighted and contemned as of a Judg that presumeth to make Laws out of the bounds of his own Jurisdiction Nec potest De judice cont cap. 16. p. 90. nec debet saith the same Author elsewhere particularis una Ecclesia judiciaria authoritate aliam sibi non subjectam a Catholica abscindere quaelibet enim Ecclesia filios suos ad consensionem in Doctrina publicè stabilita censuris adigit Sed fratres Ecclesiarum externarum monet pro officio charitatis non punit pro imperio potestatis Dr. Field Of the Church lib 5. as a common Resolution of Divines tells us That if a Bishop ventures to do any Act of Jurisdiction out of his own Diocess that is his particular Church so cap. 30. as to excommunicate or absolve or the like all such Acts are utterly void and of no force The same thing saith Dr. Crakanthorp cont Spal cap. 28. pag. 177. Jue divinum Regim p. 230. Every Congregation say our Brethren hath equal Power one as much as another according to the trite and known Axiom Par in parem non habet imperium An Equal hath no Power over an Equal Ecclesiae institutae parochiales integrae sunt Disp de Polit. Eccles p. 3. inter se collaterales potestate Ecclesiastica aequales saith Voetius Which you may English out of the English Puritanism thus Particular Churches are in all Matters equal and are entrusted by Christ with the same Ecclesiastical Power and Authority Cap. 2. § 3. Jewel Reynolds Whitaker and most of our Divines against the Papists are large in their Disputes for a parity of Churches and Mr. Parker hath written a whole Chapter de paritate Ecclesiarum De Polit lib 3. cap. 21. Some make a particular Church to be of larger Extension as a Diocess a Province c. but that altereth not the State of the Question A DIGRESSION 1. Of Independentism Name and Thing 2. It s consistency with the Kings Supremacy THis State of a particular Church namely their equality in respect of Jurisdiction or coercive Power one over another was wont to be expressed by INDEPENDENCY which though now it be a term of Raproach yet formerly made use of by good Authors as very fit and significant to set forth this Priviledge of each particular Church compleat and intire namely their not Dependency or Subjection to the Jurisdiction of another Church as their Head and Superior Dr. Jackson in his learned Treatise of the Church Cap. 15. Cap. 119. useth this term frequently Unity saith he in one place of Discipline or of INDEPENDENT Judicature is essential and necessary to the Church as visible Hence there be as many distinct visible Churches as there be INDEPENDENT Judicatures Ecclesiastick Dr. Sibbs thus Gospel-anointings pag. 94. Particular visible Churches are now God's Tabernacle The Church of the Jews was a National Church but now God hath erected particular Tabernacles Every particular Church under one Pastor is the Church of God a several Church INDEPENDENT The Church of England saith the same Author is called a particular Church from other Nations because it is under a Government Civil which is not dependent on any other Foreign Prince Each Church saith Voctius Desp Cau. Pap. lib. 3. § 3. c. 4. as it hath its proper Form of an Ecclesiastical Body or Society so it s endued with its proper Government and Jurisdiction which it exerciseth DEPENDENTLY upon Christ his Word and Spirit but INDEPENDENTLY in respect of all other Churches Mr. Bates One Company of Men assembled Treatise printed Anno 1613. hath no Authority to impose things upon many Churches 1. None now have Apostolick Authority 2. Each Congregation is a Body INDEPENDENT of any Ecclesiastical Power There is no Ordinance of God for this saith Mr. Banes that Churches within a circuit should be tyed to a certain Head-Church for Government pag. 8. and pag. 13. We affirm that no such Head-Church was ordained either vertually or actually but that all Churches were single Congregations equal INDEPENDENT each of other in regard of Subjection Every true Church saith one now is an INDEPENDENT Congregation A Collection of sundry matters Anno 1601. and in another place The Congregational Body Politick spiritually INDEPENDENT is Christ's Divine Ordinance in the Gospel One ordinary Congregation of Christians is a spiritual Body Politick INDEPENDENT That is it hath the Right and Power of spiritual Administration and Government in it self Confession of Faith p. Anno 1601. and over it self by the common and free consent of the People INDEPENDENTLY and immediately under Christ This was the Opinion generally of N. Conformists as is observed by one of themselves in the Name of the rest as also by B. Downam Sermon at Lambeth p. 5. They that is the N. C. say that every Parish by Right hath sufficient Authority within it self immediately derived from Christ for the Government of it self in all Causes Ecclesiastical To the Parishional Presbytery
relation between them and you being such as Fast and Pray and Mourn and Rejoyce yea Eat and Drink with you daily at the same Table of the Lord and are intrusted with the Care of your Souls from the hand of Christ This cannot be where the Pastoral or Ministerial Work is divided and the Keys of the Church hung apart Those that instruct us not nay are Strangers to us Rule over us Rebukes and Chastisements in this spiritual way are from those whose Faces we never saw or know so much as by name It 's true we may argue thus They are strangers expect no favour therefore or mercy from them if you offend this procures Obedience indeed but it is in a servile way The mind of Christ is that as our Submission to himself so to his Ministers who even in Censures act in his Name be affectionate filial and drawn by the cords of love Thus have I gone through with the Instances promised with what brevity the nature of the matter would permit By which it is not intended to parallel these Societies in respect to the intrinsick Form of Government peculiar to each for that in a Church is from the Institution of Christ rather than the light of Nature but the more general state and habitude of Ecclesiastical Government as Churches stand disposed to the Civil Magistrate or one to another and what the light of Nature and common Reason contribute hereunto being so much insisted upon What hath been said I hope tends to Union and Accommodation Those that hold any spiritual Government Jure Divino and by the appointment of Jesus Christ do not deny it to a particular Church And those that hold none yet are at a lesser distance from such who claim so-little CAP. VI. A second Objection Of the Jurisdiction over Particular Churches in Synods Ecclesiastical Courts c. § 1. as exercised with us § 2. and in other places Object 2. THere are Synods Consistories Colloquies and other Ecclesiastical Courts which exercise an Authority in spiritual matters over Churches Therefore that of the Magistrate before mentioned is not so necessary Answ It is humbly denied and asserted That these greater Assemblies a Synod Classis Coloquie and the like either have no such coactive Jurisdiction as we mentioned or are dependent upon the Civil Magistrate for it This we shall shew by declaring more fully what Ecclesiastical Power is exercised by Synods or such Courts 1. In this Kingdom 2. In other Reformed Churches The Ecclesiastical Courts in this Kingdom are of two sorts 1. There are we know Spiritual Courts so termed such as the Prerogative the Arches Court of Faculties the Archdeacons and Commissaries Courts These claim only from the Civil Powers as was shewed before Pag. 45 46. In the Statute of 37 Hen. 8. c. 17. it is declared That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings Apol. Part 1. Cap. 1. if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canous published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow approve The Licence to the Convoc in Anno 1640. confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Syond and nominate each particular Person of what Quality and of what Number of His Natives as He shall please Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. and give them like Authority in Ecclesiastical matters So was that