those thus Associated may have Communion in Divine Things and Actions and their Pastors with their Flocks before any form of Discipline be introduced or setled and these Believers may by Word and Sacraments receive Heavenly Comfort and attain Eternal Life without such Discipline and before it can be established amongst them and so I hope it is at this time in this Nation with many a faithful servant of God who by the benefit of a good Ministry with God's Blessing upon their Labours are truely converted and continue and go on in a state of Salvation as happily as many who are under a form of Government And here it is to be observed 1. That though the Apostles were extraordinary Officers infallibly directed by the Holy Ghost which Christ gave them yet ordinary Ministers lawfully called and succeeding them if they preach their Doctrine truly have a promise to convert and save the Souls of sinful Men. 2. That the Work of these ordinary Ministers is not only to feed the Flock of Christ already gathered but to convert and gather Sinners unto Christ and this not by the Rod of Discipline but the Word of God which is the Power of God unto Salvation 3. This gaining Souls to Christ is not the gathering of Churches out of Churches and Christians out of Christians to make a party of their own under pretence of a purer Reformation but it 's a far more excellent Work and of another kind tending directly to an higher end 4. After a Minister becomes a Pastour of a Flock and hath relation unto them as his Flock and they to him as his People he must needs have some Power over them and they must be subject unto him and obey him in the Lord and he hath power to remit Sins to shut and open and what he doth in this kind according to his Commission will be made good in Heaven Yet these Acts of his are not Acts of External Discipline but of his Ministerial Office as he is a Servant to Jesus Christ. This I speak not against Discipline which if agreeable to the word of God is a great Blessing but against all such who under pretence of this or that form of Church-Government disturb the Church and discomfort and discourage many a precious Saint of God. The end of this is to manifest that these places of Scripture Mat. 16.19 John 20.22 23. are no grounds whereon to build Church-Government section 5 Because former places are not so pertinent I proceed in the next place to the Words of Institution of Church-discipline you may read them Mat. 18.17 18. De exteriori foro ibi agitur Exterioris fori jurisdictio illo nec alio loco fundata est That 's the only place for the Institution and no other saith Dr. Andrews in that most learned and exact piece far above his other Works To understand this place we must observe 1. The Parties subject to this Tribunal 2. The Causes proper to that Court. 3. In what manner and order Causes are brought in and prepared for Judgment 4. The Judge 5. The Acts of Judgment upon Evidence of the Cause 6. The Ratification of these Acts and so of the Power 7. How this Ratification is obtained and the Judgment made effectual 1. The party subject to this Tribunal is a Brother If thy Brother offend thee verse 15. This may be explained from 1 Cor. 5.11 But now I have written unto you not to keep company if any man that is called a brother be a fornicator or covetous or an idolater c. There are covetous Persons and Idolaters of the World verse 10. and Fornicators and Idolaters which are called Brethren The former are without the latter within the Church The former are subject to the Judgment of God but not of the Church the latter are subject to the Judgment of the Church Do not thou judge them that are within So that the Subjects in this Common-wealth are Brethren Disciples such as profess their Faith in Christ. 2. The Causes are Spiritual and Ecclesiastical and must be considered under that Notion For it 's a Trespass an Offence committed by a Brother as a Brother against a Brother as a Brother whether it be a wrong against a Brother or a sin whereby a Brother is offended grieved displeased For if a Brother be a Fornicator or Idolater c. he must tell the Church and not the State he must be made as an Heathen or Publican if he will not hear the Church this is no Sentence of the State or Civil Judge it 's made good in Heaven so is not the Judgment of the Civil Magistrate It must be the Judgment of a Brother as a Brother within the Church which the Church as a Church must judge and in the name of Christ not of the Civil Soveraign and the Party offending must be delivered up to Satan not to the Sword. Yet one and the same Crime may make a person obnoxious both to the temporal Sword of the Magistrate and the spiritual Censure of the Church and may be justly punishable and punished by both though some of our English Lawyers have delivered the contrary who might ground their Opinion upon Ecclesiastical Supremacy of the King For tho' the Laws of England might determine so yet the Laws of God and Christ do not 3. The manner and order of proceeding is 1. Privately to admonish and if that take effect to proceed no further 2. If upon this the party will not reform he must be charged and convinced before two or three Witnesses and if he shall persist impenitent then he must be convented before the Ecclesiastical Tribunal upon Information and Accusation and the same once made good and evident the Cause is ripe prepared for Judgment section 6 The Judge in the fourth place is the Church Tell the Church where we must know what this Church is The word in the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we find it used in the Old Testament about seventy times by the Septuagint who so often turn the Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by that name Upon perusal of the places we shall find that it signifies Assemblies and of many kinds as good bad holy prophane greater less festival civil military Ecclesiastical and Religious occasional standing orderly confused ordinary extraordinary It 's observable that very seldome some say but once as Psal. 26.5 it signifies a wicked and prophane Society Sometimes not often it 's a Military body But most of all by far a few Texts excepted it notes an holy and religious Convention or Assembly For sometimes it 's a National Polity of Israel under a sacred Notion and very often a religious Assembly for Prayer Fasting Dedications renewing their Covenant with God Praises Thanksgivings and such like Acts of Worship so that the word seems to be appropriate unto Religious Assemblies and though it signifie other Societies yet these most frequently and principally And this is confirmed from the
decline even in most peaceable times and the Subjects become suddenly unhappy But if he be Wicked Vitious Insolent Impetuous Cruel he instantly becomes a Tyrant and then both Church and State begin to suffer much Religion is corrupted or suppressed and persecuted the Wicked are predominant and the best under Hatches Yea though the Prince may be of a good Disposition yet facile and flexible devoid of Wisdom and Courage and also destitute of good and faithful Counsellors and beset with wicked Men how easily is he misled involved in many Troubles and in the end brought to Ruine Sometimes a few cunning Politicians act him as a â—hild drive on their own Interest and neglect yea pervert the publick Good. How much more if the Monarchs be Children or Ideots as some be If in such a model God raise up a David a Solomon a Jehosaphat an Ezekiah a Josiah the People may be happy and have great Cause to be thankful for so great a Blessing There is another way of disposing Majesty than the former and that is when it 's fixed section 7 Purely in more than one And that is twofold in obtimatibus plebe When it is disposed in few and the same more eminent it 's called an Aristocraty so called from the quality of the persons who govern For they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 optimates primores praecipui the most eminent in the Community and above the common Sort or Plebean Rank for they are not only formaliter but eminenter cives as you heard before Their eminency ariseth from their noble Extraction as being descended from noble and ancient Families or from their great Estates or from both or from their excellent Vertues And such as in whom all these concurr are the fittest for Government Amongst the Romans these were called Patricii This Order of Peers which may be so called in relation of one unto another amongst themselves is sometimes confined to certain Families as they say it is in the Rhagusian and Venetian States and with a permission or prohibition to marry in inferior Families or there may be way made open for the Adoption of other persons for their eminent Vertues though of meaner Rank For virtus vera nobilitas Such were the Patricii minorum Gentium amongst the Romans And though political Vertues as Wisdom and Justice do best qualifie them for the place yet it 's requisite they have good Estates or sufficient Allowance otherwise they will oppress the people or be unfit to attend the publick Service Yet such as are born of noble and ancient Families have some advantage because they many times inherit great Estates are more honoured by the People have the benefit of the best Education sometimes participate some measure of the noble Spirit of their Ancestors whose rare Examples may do something too These though physically many yet morally are but one person collective They may have a president and such as the Duke of Venice And his Privileges Honour State and Dignity may be Paramount and he may have the precedency yet no negative Voice nor Power above the rest For the Power and all the particular Rights of Majesty are in them all jointly And when they in any business of State do differ the major part carries it and the rest submit This may be an excellent Government when all or the greater and predominant party are Wise and Just and follow some certain Rules of the Constitution and seek the publick good as all other Sovereigns should do If there be not care taken in the Succession that the best may succeed the best the body will corrupt and degenerate into an Oligarchy which is then done when either they agree to advance their own private Interest to the neglect of the publick or if they be divided one party bears down another and a few prevailing engross the Power and Usurp far more than is due and oppress the People and so prove a number of Tyrants When the richest engross the power to themselves it 's called a Timocraty If the Succession into places vacant either by death or some other way be by Election an excellent qualification prerequired some strict order for the admission should be observed least unworthy persons enter by Favour Money or some Indirect way And in this particular the State of Venice seems to excel Neither must any of them be suffered to swell and rise above the rest as many ways they may do especially if they be Men of excellent parts and successful and be trusted with too great a command in the Administration For some wise Men have observed That the unlimitted Commission granted Pompey at the first for the Pyratick War laid the Foundation of those bloody Civil Wars which followed Majestas pure disponitur in Plebe section 8 This is the last and basest kind of the pure Models For Plebs signifies the inferior rank of People which for number far exceed the rest Among these besides Artificers Husband-men and such as are for Trade and Traffick there may be some Merchants of great Estates some of more noble Descent and competent Revenue yet far short of such Eminency as is required in Peers or Princes which this kind of Government cannot brook Yet it may be so ordered as that the exercise of the Power may be trusted in hands of some just wise and experienced Persons which either must govern by course or be removed least trusted too long they engross the power to themselves or to some few Families or to a Faction predominant For this kind of Government is very subject to Faction Disorder and Tumults The name of it is a Democraty in which there is the greatest Liberty not only because they are free from Peers and Princes but because every one may be a Magistrate and proceed in such a way as opens to that end Yet because in such a State there be few Men of Learning Wisdom Experience in matters of State most of mean Education and many so taken up with their own private Affairs it can hardly continue long without some Alteration if not Ruine It presently degenerates into an Ochlocraty and when such there it cannot stay long before it become an Anarchy It 's a Curse and heavy Judgment of God to live in such a Government according to that in the Prophet And the People shall be oppressed every one by another and every one by his Neighbour the Child shall behave himself proudly against the ancient and the base against the honourable Esa. iij. 5 The Philosopher reckons up four several kinds of this Democratical Form and there may be many more some better some worse Of the Tumults and Intestine Dissentions amongst these Plebeans Histories tell us much But this is a subject which is not very profitable and I list not to enlarge upon it Majestas disponitur mixte in pluribus section 9 omnibus There is another kind of disposition different from the former and it 's called a mixt Government The reason
sanctified person is a Priest to offer spiritual Sacrifice to God. Yet this doth not make any such person a Minister and publick Officer of Christ who must sequester himself from worldly business more than other men to tend his Calling to which he is consecrated and solemnly devoted With this distinction agrees that of the Clergy and Laity Whence the name Clerus the Clergy for the Ministry should have its original is uncertain The people of Israel sanctified and consecrated unto God were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Lot or Inheritance of God and the Priests and Ministers were the eminent party of this Lot and people For the people as distinct from the Pastours are called the Clergy Lot or Heritage of God 1 Pet. 5.3 in which it cannot be proper to the Ministers It 's true that the first Officer made by the Church after that Christ was glorified was made by Lot For the Lot that is Cleros fell upon Matthias Acts 1.26 From whence some think the system of Presbyters and Deacons were called the Clergy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify one made and an Officer by Lot. As for Laity we find often in the Old Testament the people as distinct from the Priests and Levites called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Laity The Apostle and seventy Disciples were distinguished from the rest of the Disciples and Believers The Apostles Prophets Evangelists Pastours and Teachers were different orders from the rest of the Church The twenty four Elders which signifie the Priests and Levites divided into orders by Lot were distinct from the four Beasts that is the main body of the Church but these are days of confusion and disorder Every one will be a Prophet and a Teacher either presuming upon their gifts yet scorning to engage themselves for the service of Christ in the poor and much despised Ministery or pretending blasphemously to the Spirit which God never gave them There is another distinction of Subjects in Nobiles Plebaeos Some are Noble some of a lower Form and Rank Nobilis is any Gentleman well descended Yet there is a difference inter Nobilem Generosum for though Omnis Generosus sit Nobilis yet Omnis nobilis non est Generosus because Generosus is not only one well born but also one vertuous In this respect the word of a Gentleman is more than the word of a Nobleman nay than the word of a King yet Nobility with us is taken more strictly and is given to none under a Baron and Peer of the Kingdom which hath right of suffrage in Parliament as one of the House of Lords The ancient Nobility of England is much diminished and decayed and many of their Estates alienated and the late Barons created by Patent do much obscure them and if these as Barons have their suffrage in the House of Lords by vertue of their Honour and not their Vertue and Wisdom I do not see how the Parliament should be Wittena Gemott the Meeting of Wise Men. It were wisdom by some strict Law to limit Jus Nobilitandi unto Vertue and Wisdom For Honours should be conferred rarely and upon merit and worth for they have great priviledges which should not be made so common and prostituted to the Lust and Ambition of every one that can pay for them The subjects of lower Rank if Freeholders have also their priviledges and one principal is a power to Elect the Knights of the County to represent in Parliaments There be other accidental differences of less moment which I pass by section 14 After these distinctions follows a division of the whole body of the Subjects into parts and this is necessary especially in respect of the Administration For without an orderly division the subjects cannot be well governed Israel was divided into Tribes Tribes into Families Families into Housholds Housholds into Persons Thus they were divided and according to this order Achan was discovered Josh. 7.16 17 18. and they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heads of their Tribes and their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heads of their Hundreds as Masius upon the place observes The Romans were also divided in Tribus Tribus in Curias and after these we read of Centurias and Decurias We read that Alfred divided England into Counties Counties into Hundreds the Hundreds into Allotments In some Counties we find Ridings and Wapentakes yet Sir Henry Spelman under the word Hundreds understands by Wapentake an Hundred which in the Welsh is called Cantreda where he adds that the Counties were divided into Tithings Rapes and Laths and Hundreds were divided into Tithings and Friberges Upon this division made it 's said that Justice was administred with that ease exactness and severity that any man's goods might at any time be secure in any place Yea they might hang golden Bracelets in the High-way-side and in open view and none durst meddle with them To this head belongs the numbring the people by pole enrowling their Names and Estates without which Taxations cannot be justly imposed The end of this distribution was to reduce the people into a certain order according to which the equal parts were to co-ordinate one with another as Counties with Counties Hundreds with Hundreds so that one had no Jurisdiction over another The unequal were less or greater and were subordinate the less to the greater which had Jurisdiction over the less and all the parts were subject to the whole This was necessary for Judicial proceedings that Actions in Law might proceed according to the subordination of Courts For anciently with us Actions did commence in the Courts held by the Lords of the Mannors if the cause were too high or could not there be determined or Justice had Appeal was made to the Hundred Court from thence to the County Court from thence to the King's Court. In the word Comitatus Sir Henry Spelman observes this was the ancient Order and thinks it an abuse and great disorder that in our days every petty Business and Cause is brought into the King's Court at Westminster What the Division of this Nation was under the Romans is not so well known except we may conjecture of it by the ancient Division of the Provinces and the Cathedral Seas and Diocesses which much differ from these of latter times Cambden finds some divisions of England in the time of the Romans yet they are not clear and certain Under the Saxons he finds several divisisions 1. Some according to certain proportions of Lands 2. He makes the Heptarchy an argument that it was divided into seven parts At length he concludes his political Division with that of Counties which he as Sir Henry Spelman ascribes to the King Alfred But I have read that it was thus divided before his time and this is more probable because the Myrrour informs us of Counties and of Counties before there were any Saxon Kings Vt subditi section 15 distinguuntur sic distincti dividuntur educantur
Politica Sacra Civilis Or A Model of Civil and Ecclesiastical GOVERNMENT WHEREIN Besides the positive Doctrine concerning STATE and CHVRCH in general Are debated the principal Controversies of the TIMES concerning the CONSTITUTION OF THE State and Church OF ENGLAND Tending to Righteousness Truth and Peace By GEORGE LAWSON Rector of More in the County of Salop. The Second Edition LONDON Printed for J.S. and are to be Sold by T. Goodwin at the Maidenhead over against St. Dustans Church in Fleet-street 1689. THE EPISTLE TO THE READER Reader IN the time of our divisions and the execution of God's Judgments upon the three Nations I set my self to inquire into the causes of our sad and woful condition and to think of some Remedies to prevent our Ruine Whilst I was busie in this search I easily understood that the Subject of our Differences was not only the State but the Church This gave occasion to peruse such Authors as write of Government and to study the Political part of the Holy Scriptures wherein I found many things concerning the Constitution the Administration the Corruption the Conversion and Subversion of Civil States and Kingdoms with much of Church-Discipline There I observed certain Rules of Government in general and some special and proper to Civil or else to Ecclesiastical Polities All these according to my poor Ability I reduced to Method and applyed them to our own Church and State severally I further took notice of our principal differences both Civil and Ecclesiastical and did freely deliver mine own Judgment concerning the particular parties and their Opinions yet so that I endavoured to be of no Party as a Party And tho' in some things I differ from them yet it was not out of singularity or an humour of opposition but out of an unfeigned desire of Truth which in many things I found so evident that whosoever should not acknowledge it must needs be wilful and blinded with partiality or prejudice Whilst I go on in this work I easily perceived that as our sins and impenitency brought God's Judgments upon us so our ignorance and errours in matters of Government with prejudice partiality pride obstinacy and want of charity were the causes of our divisions which gave great advantage to our Enemies and Foreign Polititians who as formerly so now especially at this time fear our union and agreement more than ever because we are become a Warlike Nation and furnished with Gallant Men both by Sea and Land therefore their great Work is to continue our Differences amongst our selves as subservient to their Interest These causes once discovered the Remedies were obvious if men were in any capacity to make use of them For sincere repentance and a real reformation private and publick with the punishment of crying sins are very effectual to avert God's Judgments And to renounce our Errours to be informed in the Truth to lay aside all pride partiality prejudice obstinacy self-interest to put on humility and charity which is the bond of perfection and to let the peace of God rule in our hearts are the only way to quench the fire of Contention and firmly to cement us together Yet though good men may propose clear truths dispel the mists of Errour perswade to repentance and pray yet there seems to be little hope of peace and settlement For after so many fearful Judgments executed upon us and severe admonitions given us from Heaven pride covetousness injustice oppression malice cruelty and abominable hypocrisie continue and nothing is reformed This is the reason why God's hand is stretched out still many persons have suffered many great Families have been ruined many feel God's heavy hand to this day but who shall suffer most and last no man knows Men of the same English Blood and of the same Protestant Profession continue obstinate in their Errors rigid and high in their Opinions resolved in their different Designs admire their own Models of Government in Church and State will not abate of their Confidence and refuse to recede from their supposed Principles Some are for a boundless Liberty and will not be confined by the rules and dictates of Reason or the common Faith revealed from Heaven these have no Principles but seem to have abandoned not only Christianity but their own reason Some are for Peace yet only upon their own terms though not so reasonable at they should be Some complain they are wrong'd and must be satisfied Others are very high and must be revenged Every party must reign or else they will be Enemies Many men of great Estates and excellent Parts who as yet have suffered little or nothing look on as Strangers and will do nothing whilst Church and State lye a Bleeding ready to breathe out their last And what can be the issue but that either we shall be brought very low made a poor and base people and willing of peace upon very hard terms and yet hardly obtain it or we shall be made a scorn and derision to the Nations round about us a prey unto our Enemies and they who hate us shall rule over us To prevent so sad a condition my humble request to all true hearted English Protestants is seriously to consider 1. What our Condition was before the Scots first entered England with an Army 2. What those things were which then the best and wisest desired to be reformed both in Church and State. 3. What Reformation we are capable of at this present time 4. Where the guilt of so much blood as hath been shed especially in Ireland doth principally lye 5. What our duty is as we are English as we are Christians as we are Protestants which amongst other things is to deliver the Gospel to our Posterity as we received it from our Fathers 6. What may be the most effectual means according to the rules of Reason and Divine Revelation to promote the publick good without respect of Persons or Parties that so no wicked men but onely such as fear God may have cause to rejoyce This is all I thought good by this Epistle to signifie unto thee at the present for the rest referring thee to the Book and remaining Thine to serve in the Lord George Lawson In opus politicum viri clarissimi Georgi Lawsonii popularis mei QVis tandem augustas regnandi digerit artes Et solidam sceptris commodat Author opem Instituit magnas subtilis pagina Gentes Dat populis pacem principibusque fidem Publica privatâ sudantur munia dextrâ Quod multi curant unius ecce labor Tam benè regna locat potuit regnâsse videri Heu major cathedrâ quà m fuit ille suâ Stant secura brevi subnixa Palatia chartâ Nec facilè amoto cardine regna labant Vendicat haec populis leges vim legibus armat Te Themi quae debes plectere sola potes Nil metuas neque jam metuaris Regule demptum est Posse nocere aliis velle nocere tibi Haec succurrisset
Man or Angel or any company yet man cannot Man solitary is very imperfect and like a Body which wants some necessary parts God knows this full well therefore he so orders Multitudes of Vicinities that he inclines them by their very constitution to Society for by it they are not only stronger and more able to defend themselves and provide for their safety but also they are better supplyed with necessaries and commodities what one hath not another hath what one cannot do another can what few are not able to effect many may and all much more But that whereby God is the immediate cause of Society is voluntary consent to which he inclines their hearts when he hath once multiplied them and cast them together This consent whether tacit or express is grounded upon Love and good Affection with an intention to do good and just things one for another according to the work of the eternal Law written in their hearts The accidental original is when by divine Providence many from several Countries are cast together in one Place or part of the Earth and that upon several occasions or for several causes these in time grow familiar and acquainted one with another and for mutual Help Safety Benefit cement into one Body and according to the dictate of natural Reason join in one common Interest this some say was the original of the State of Venice at the first Thus the several distinct Communities upon the division of Languages at Babel had their beginning Thus one part of a Community seeking some new place for their habitation becomes a distinct Community of themselves section 7 The Third thing to be considered is who are Members of a Community To say nothing of Municipal Societies Colonies Plantations Provinces Titular Members who are only Cives honorarii this is a general Rule that after a form of Government once introduced whosoever are Subjects are Cives Members of that Community and continue such though the form of Government be altered or dissolved For there are degrees of them for some are virtualiter diminutè some formaliter plenè some eminenter Cives Members of a Community that is they are either imperfectly or perfectly such The lowest rank is of such as are not sui juris sed sub potestate alienâ free and in their own Power To this form are reduced Women Children Servants Strangers whether sojourning or inhabiting out of their own Common-wealth some kind of Tenants or Vassals do so much depend upon others that they are not competent Members all these are virtually included in others upon whom they depend Formally and fully Members are all such as being Males of full Age Free Independant have the use of Reason and some competent Estate such Freeholders seem to be with us These become such by Birth Election Manumission Or they are Natural Naturalized Being once such they have Jus suffragii in publicis as our Freeholders have a Vote in chusing their Knights for the Parliament and they virtually give their suffrage in that Assembly by their Representatives Eminenter Cives are such who by reason of their Descent Estates Parts Noble Acts are not once Members but somewhat more as being fit for Honour Offices and Places of Power if once a Common-wealth be constructed section 8 There be amongst others three inseparable adjuncts of a Community as a Community Propriety of Goods Liberty of Persons Equality of the Members Propriety there must needs be and the same Absolute and Independent the reason hereof is because what a Man hath justly acquired is his own by the Law of Nature which a Community doth not take away and further there is no dominium eminens as in a Common-wealth there must necessarily be Liberty of Persons there is because every compleat Member is sui juris and no ways bound by the Rules of a Civil supream Power and this is more than can be in a State once constituted wherein this Liberty is bounded by Allegiance and Laws there is Equality for there is no Superiour or Inferiour in respect of Government because there is no Government no Sovereign no Subject all are fellows Et socii quatenus socii sunt aequales inequality of Superiour and Inferiour Civil ariseth from a form of Government which is sometimes Despotical that it is destructive both of Liberty and Propriety This inequality is consistent with an imparity of Birth Parts Estate for Age for this is from Nature or Providence these Civil Societies may be less or greater both in respect of the number of Persons and extent of Place Neither can the certain number of Persons nor the particular bounds of Place be well determined If it be be too large it cannot so well unite if too little it 's insufficient to protect or provide for it self and so falls under the protection of others section 9 This Community Civil considered abstractively and antecedently to a form of Government not yet introduced or upon a dissolution of a former model or upon a failure of Succession in a time doth virtually contain a Supreme Power and hath a Liberty and Right to determine upon what Form they please so that it be good though it 's true that this Power may be taken from them by a Potent Invader or some other way and here it is to be noted that when a Form of Government is altered or dissolved any Community may remain nay under a Government it retains the nature of a Community as the matter and subject of the Common-wealth wherein every Subject must be considered first as Civis a Member of the Community before he can be conceived as subditus a Member of the Common-wealth This stricter Association of a Multitude to make a particular Community doth no way hinder their Society or Communion with other Communities or with all Mankind upon the Earth so far as is possible in things which may add unto their Happiness CHAP. III. Of an Ecclesiastical Community section 1 HItherto of a Community in general and of a Community Civil that which we call Ecclesiastical follows this in opposition to that which we call Temporal and Civil is Spiritual and is such in respect of Religion for as there are matters of this life which concern us as mortals with relation one unto another so there are matters of God spiritual divine and of a far higher allay there is no Nation or People though rude and barbarous but profess some Religion by the observation whereof they acknowledge their dependance upon a superiour Power and Providence far above that of mortal man yet many contrary to the very light of Nature either worshipped that which was not truly God or with the true God a false Deity or the true God alone without any certain rule and direction from Heaven after the invention of men or the suggestion of the Devil of these there have been many Communities which I will no further mention for these were never called Churches or
God was nothing but jus ad recte agendum a right to do right in matters of Religion If they did otherwise they abused their power they lost it not And if an Heathen Prince or State should become Christian they acquire no new Right but are further engaged to exercise their power in abolishing Idolatry and establishing the true Worship of the true God. This may be signified by the Titles of Nursing-Fathers of the Church Defenders of the Faith Most Christian Most Catholick King. All which as they signified their Right so they also pointed at their Duty which was to protect the true Church and maintain the True Christian Catholick Faith. 4. Though Regal and Sacerdotal power were always distinct and different in themselves yet they were often disposed and united in one Person Thus Melchisedeck was both King and Priest Thus Romulus was Prince and the chief Pontiffe For he is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halicar Antiqu. Rom. lib. 2. The succeeding Kings took the same place After the Regal power was abolished it was an high Office. When Rome became Imperial the Emperours took the Title of Supream Pontiffe and some of them after they became Christian retained it Yet still as the Powers so the Acts were distinct For Melchisedeck as King ruled his People in Righteousness and Peace as Priest officiated received Tithes and blessed Abraham As they were sometimes united so they were divided For God entailed the Sacerdotal power upon the house of Aaron and afterwards the Regal power upon the family of David Neither did Christ or his Apostles think it fit to make the Ministers Magistrates or the Magistrates Ministers Yet in this Union or Division you must know that this Sacerdotal and Ministerial power was not this Civil power of Religion which always belonged to the Civil Governours even then when these two powers were divided 5. If Civil powers stablish Religion and that by Law call Synods order them ratifie their Canons divest spiritual and Ecclesiastical persons of their temporal priviledges or restore them yet they do all this by their civil power by which they cannot excommunicate absolve suspend much less officiate and preach and administer Sacraments In this respect if the civil power make a civil Law against Idolatry Blasphemy Heresie or other scandal they may by the same power justly punish the offenders by the sword and the Church censure them by the power of the Keyes 6. This jus Religionis ordinandae this power of ordering matters of Religion is not the power of the Church but of the State not of the Keyes but of the sword The Church hath nothing to do with the sword nor the State with the Keyes Christ did not say tell the State and whatsoever ye bind on earth shall be bound in Heaven c. Neither did he say of the Church that she beareth not the sword in vain Therefore he must needs be very ignorant or very partial that shall conceive that the State is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the power of the Keyes section 3 These things premised give occasion to consider how the Oath of Supremacy is to be understood especially in these words wherein the Kings or Queens of England were acknowledged over all persons in causes as well Ecclesiastical as Civil all supream head and because that word Head was so offensive it was changed into Governour For the clearing hereof it 's to be observed 1. That by these words it was intended to exclude all foreign Power both Civil and Ecclesiastical especially that which the Bishops of Rome did challenge and also exercise within the Dominions of the Crown of England 2. That the Kings and Queens of Enland had no power supream in making Laws and passing judgements without the Parliament Therefore by supream Governour was meant supream Administratour for the execution of the Laws in the intervals of Parliament In this respect the Canons and injunctions made by the Clergy though confirmed by royal assent without the Parliament have been judged of no force 3. That by Ecclesiastical causes are meant such causes as are materially Ecclesiastical yet properly civil as before For matters of Religion in respect of the outward profession and practice and the Parties professing and practising are subject to the civil power For by the outward part the State may be disturbed put in danger of Gods judgements and the persons are punishable by the sword even for those crimes Yet neither can the sword reach the soul nor rectifie the conscience except per accidens That by Ecclesiastical is not meant spiritual in proper sense is clear because the Kings of England never took upon them to excommunicate or absolve neither had those Chancellours that were only Civilians and not Divines power to perform such acts Yet they received their power from the Bishops and it was counted Ecclesiastical 4. In respect of these Titles those Courts which were called Spiritual and Ecclesiastical derived their power from the Crown And the Bishops did correct and punish disquiet disobedient criminous persons within their Diocess according to such authority as they had by Gods word and as to them was committed by the authority of this Realm These are the words of the Book of Ordination in the consecration of Bishops The words seem to imply that they had a mixt or at least a twofold power one by the word as trusted with the power of the Keyes the other from the Magistrate or Crown and that was civil Such a mixt power they had indeed in the high Commission Yet though this may be implyed yet it may be they understood that their power by the word of God and from the Crown were the same The act of restoring the ancient jurisdiction to the Crown 1 Eliz. 1. doth make this further evident For it 's an act of restoring the ancient jurisdiction in Ecclesiasticals especially to the Crown for that 's the Title Where it must be observed that the power was such as the Parliament did give 2. That they did not give it anew but restore it 3. They could not had no power to give it if it belonged to the Crown by the Constitution but to declare it to be due upon which Declaration the Queen might resume that which the Pope had usurped and exercised 4. It 's remarkable that not the Queen but the Parliament by that act did restore it as the act of the Oath of supremacy was made by a Parliament which by that act could not give the King any power at all which was not formerly due In respect of Testaments temporal jurisdiction Dignities Priviledges Titles as due unto the Church by humane Constitution and donation all Ecclesiastical causes concerning these were determinable by a civil power How tithes are a lay-fee or divine right hath been declared formerly Hence it doth appear that the Oath of Supremacy was not so easily understood as it was easily taken by many and the Oxford Convocation I believe but that they
had already sworn could have found as many reasons against it as against the Covenant especially if it had been new as the Covenant was Many wise men at the first did scruple it and some suffered death for refusal Amongst the rest Sir Thomas Moor a learned and a very prudent man could not digest it and though he might have an high conceit of the Papal Supremacy yet that might not be the only reason of his refusal but this because he knew the Crown had no Ecclesiastical power properly so called Though this was not thought to be the true but only the pretended cause of his death For in his Vtopia he seems to dislike the Indisputable Prerogative which was a Noli me tangere and to touch it so roughly as he did might cost dear as it did Yet I have taken the Oath of Supremacy in that sense as our Divines did understand it and I was and am willing to give to Caesar the things that are Caesar's section 4 That which hath been said in this point in brief is this That though the Civil Powers have a right to order matters of Religion in respect of the outward part and so far as the Sword may reach it according to Divine Law yet they have no power of the Keys which Christ committed to the Church For if we consider all the power exercised in matter of Religion by David Solomon and the pious Kings of Judah by the Christian Emperours and Princes by the Kings of France and England it was but civil Neither is the power of our Parliaments any other For though they make Acts concerning the publick Doctrine and Discipline yet these are but civil They are not Representatives of the Church but of the State whether the Convocation was an essential part of the Parliament or a full representative of the Church I will not here debate I find some great Lawyers which deny both And if their denial be true then England had no general Representative of the Church in latter times As for Erastians and such as do give all Ecclesiastical power of Discipline to the State and deny all power to the Ministers but that of dispensing Word and Sacraments it 's plain they never understood the state of the Question and though a Minister as a Minister have no power but that of Word and Sacraments yet from thence it will not follow that the Church hath not a power spiritual distinct from that of the State in matters of Religion CHAP. XI Whether Episcopacy be the primary subject of the Power of the Keys section 1 THE Prelate presumes that the power of the Keys is his and he thinks his title very good and so good that though he could not prove the institution yet prescription will bear him out For he hath had possession for a long time and Universality and Antiquity seem to favour him very much Yet I hope his title may be examined and if upon examination it prove good he hath no cause to be offended except with this that I of all others should meddle with it But before any thing can be said to purpose we must first know the nature and institution of a Bishop which is the subject of the Question Secondly Put the Reader in mind that the Question is not in this place whether a Bishop be an Officer of the Church either by some special or some general Divine Precept but whether he be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the primary subject of the power of the Keys For he may be an Officer and yet no such subject Concerning a Bishop the subject of the Question two things are worthy our consideration 1. What he is 2. How instituted at the first The Definition and Institution seem rather to belong unto the second part of Ecclesiastical Politicks where I shall entreat of Ecclesiastical Officers and the constitution of them Yet I will here say something of both in order to the Question though I be the briefer afterward section 2 What a Bishop is may be difficult to know except we do distinguish before we do define For we find several sorts of Bishops in the Church Christian. There is a Primitive a Prelatical or Hierarchical and an English Bishop distinct and different in some things from both the former for whom I reserve a place in the end of this Chapter The Primitive Bishop is twofold 1. A Presbyter 2. A President or Superintendent 1. A Presbyter in the New Testament is a Bishop For the Elders of Ephesus were made by the Holy Ghost Bishops or Superintendents over God's flock Acts 20.28 And the qualification of a Bishop 1 Tim. 3.1 2 3 c. is the qualification of an Elder Tit. 1.5 6 7 c. For whatsoever some of late have said to the contrary yet Presbyter and Bishop were only two different words signifying the same Officer And this is confessed by divers of the Ancients who tell us that the word Bishop was appropriated to one who was more than a Presbyter in after-times 2. A Bishop signified one that was above a Presbyter in some respects as a Moderatour of a Classis or President of a Synod But such a Presbyter might be only pro tempore for the time of the Session and after the Assembly dissolved he might return to be a bare Presbyter again For to be a Moderatour or President was no constant place The word in this sense we find seldom used if at all 2. A President was a kind of Superintendent with a care and inspection not only over the people but the Presbyters too within a certain precinct and this was a constant place and the party called a Bishop and by Ambrose and Austine with divers others called primus Presbyterorum and these were such as had no power but with the Presbytery joyntly and that without a negative voice And the Presbytery might be a Representative not only of the Presbyters strictly taken but of the people too For we may read in Cyprian and other Authours that these Bishops in more weighty matters of publick concernment did nothing without the counsel and consent not only of the Presbyters but the people This I call a primitive Bishop not only because he is ancient but also because the place or office is agreeable to the rules of Reason of Government and the general Rules of the Apostles concerning Order Decency Edification There is also an Hierarchical Bishop who may be only a Bishop or an Archbishop and Metropolitan or a Patriarch and these challenge the power of Ordination and Jurisdiction and in Jurisdiction include and engross the power of making Canons This kind of Episcopacy is ancient as the former This last Bishop is he upon whom Spalatensis and many others do fix and though they grant that he should do nothing without the Counsel of the Presbytery yet they give him full power without the Presbytery which they joyn with him only for advice The English Bishop is in
Word and Doctrine and others which do not This presupposeth that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 turned especially is taken here partitively Yet that cannot be proved For it may be added rather to signifie the reason why then the persons to whom as distinct from other ruling Elders double honour is due For in the Assembly it was alledged that the participle in the Original here as in other places includes the Cause And then the Sense is Let the Elders that rule well be counted worthy of double honour especially because they labour in the Word and Doctrine which seems to be the genuine sense and agrees with that Esteem them very highly in Love for their Works sake 1 Thes. 5.13 2. Double Honour which is Maintenance is not due to ruling Elders who preach not the Gospel For the Lord Ordained that they which preach the Gospel should live of the Gospel they which do not they which do not preach the Gospel 1 Cor. 9.14 3. Suppose it could be proved from this place that there were ruling Elders distinct from such as preach How will it appear from hence what their place was in the Church and what their Power and what their Work Yet put all these places together they cannot prove the Divine Institution of such an Office with the power of Jurisdiction in Causes Ecclesiastical for we do not find any special precept making this Office universally and perpetually necessary binding all Christian Churches to observe it section 5 But let us suppose such an Officer the Question is Whether the Elder with the preaching Presbyters be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the power of the Keyes inforo exteriori That they are not the immediate subject is evident 1. From the same reason why Bishops are not For Christ gave the power to the Church the whole Church as shall be manifest hereafter but the Elders are not the whole Church 2. If they be the primary subject then they are such as Officers or Representatives but neither of these ways can they be such a subject The disjunction is good except they can give us another consideration according to which they may have this power in this manner The Minor which is that neither as Officers nor as Representatives can they be the primary subject is thus proved 1. Not as Officers For the power of an Officer though Universal as these are but Elders of particular Congregations is always derivative and therefore he cannot be the first subject of that power which is derived from an higher Cause Upon this ground Mr. Hooker takes his advantage against Mr. Rutherford and the seven dissenting Brethren against the Assembly As for Mr. Hooker he seems to take for granted as he endeavours to prove that Jurisdiction belongs unto an Officer as an Officer But this cannot be true 1. Because there are Officers who have no Jurisdiction as Censors Sheriffs Constables and many other in the State and Deacons in the Church 2. Suppose some Officers have Jurisdiction yet they are not the first subject of it 3. He supposeth as the Dissenting Brethren do that every Officer is fixed in and related only unto a single Congregation whereas its evident and Mr. Parker confesseth it that there may be Officers which joyntly take the charge of several Congregations both for Worship and Discipline as in the Netherlands and this agreeable to the Word of God. Yet even these much more such as are fixed to several particular Congregations can have no power out of those Congregations whereof they take charge whether severally of one or joyntly of many In this respect his Argument is good against such as affirm that power of Jurisdiction belongs to Officers as Officers and in particular to Elders as Elders Yet both the Assembly and Dissenting Brethren confound and that in the arguing the power of the Ministry with the power of outward Discipline which ought not to be done But the principal thing is that Officers as such cannot be the primary subject of power for that belongs to them who make them Officers section 6 As they cannot have it as Officers so they cannot have it primarily as Representatives They may have power as Officers they may have it as Representatives yet not in this high manner or degree For all Representatives derive their power from the Body represented To clear this point we must observe 1. That many several Congregations which in respect of Worship are so many several bodies distinct may associate and become one for Discipline When they are thus associate the power is first in the whole and derived from the whole unto the parts and from the parts unto the whole as in a single Congregation the power is in the whole and every single Member even the Officers are subject to the whole which makes Officers and gives them their Power 3. That in this Association of many Congregations when they Act in a Synod or Representative the parties which make up the Representative do not act as Officers though they be Officers in the several Congregations but as Representatives Neither as Representatives of several Congregations severally considered but as joyntly united in one body to represent the whole As in a Parliament many Members are Officers yet do not act as Officers but all joyntly act as one Representative of the whole body 4. When many Congregations united in one body for to set up one Independent Judicatory do act by a Representative the whole body of these Congregations not the several Congregations are Ecclesia prima and the Representative or Synod is the Ecclésiae orta 5. That the power of Discipline doth not issue from the power of Teaching and Administration of the Sacraments For then none but Ministers should have the power of the Keyes and not any could be joyned with them because they have their power by Vertue of the Ministerial Office. section 7 Yet the Authors of Jus Divinum Regiminis Ecclesiastici do affirm that the ruling and preaching Elders are the primary subject of this power and endeavour to prove it and that by several Arguments all which may be answered by the very stating of the Question For they seem to me for to confound Ecclesiam constituendam constitutam Officers ordinary and extraordinary calling immediate and mediate the Government of the Universal Church and particular Churches forum interius exterius Statum exercitium Though the matter is clear enough yet I will examine two of their Arguments The first is this All those that have Ecclesiastical Power and the Exercise thereof immediately committed to them from Jesus Christ are the immediate subject or Receptacle of that Power But the Church Guides have Ecclesiastical Power and the Exercise thereof immediately committed unto them from Jesus Christ. Therefore they are the immediate Subject or Receptacle of that Power For Answer hereunto we must understand 1. What this Power Ecclesiastical in the Question is 2. What kind of Subject is here meant 3. What
Bodies Politick as Universities Corporations Counties Armies and Common-wealths This is God's way of Government which the wisest Governours did always imitate Thus Moses chose able men out of all Israel and made them Rulers over the People Rulers of thousands Rulers of hundreds Rulers of fifties and Rulers of tens And they judged the people at all seasons the hard causes they brought to Moses but every small matter they judged themselves Exod. 18.25 26. In this Text considered with the antecedent many things as proper to Government are observable 1. There must be Laws 2. Officers 3. Courts according to the tria Jura Majestatis of Legislation making Officers and Jurisdiction These presuppose a Community and a Constitution 1. There must be a power of making Laws that belongs to the Soveraign 2. Laws by this power must be made for Administration which without them must needs be arbitrary and irregular 3. Those Laws once enacted must be promulgated that they may be known 4. Once known they must regulate both the peoples obedience and the acts of Officers and judgment of the Judges After Laws once established they must be executed and that cannot be orderly and effectually done without a division of the people For 1. they must be numbred divided into tens fifties hundreds thousands tribes 2. They must be co-ordinate and equally poised tens with tens fifties with fifties hundreds with hundreds thousands with thousands 3. They must be subordinate ten to fifty fifty to an hundred and hundreds to thousands and all unto the whole When this is done Officers by whom these Laws must be executed must be made These must first be well qualified 2. The people must chuse them Deut. 1.13 3. Moses must appoint them their places assign them their circuits give them their charge 4. They must have their Courts and Sessions judge execute the Laws and be subordinate the lesser Courts to the superiour and all to the Supream For their Causes especially if difficult must ascend till they came to Moses and he brought them to God who was their Soveraign this was extraordinary But afterwards they had their Sanhedrim and Court of Appeals This subordination seems to be implied in those words of our Saviour Matth. 5.22 But I say unto you that whosoever is angry with his brother without a cause shall be in danger of the judgement and whosoever shall say unto his brother Racha shall be in danger of the council but whosoever shall say Thou Fool shall be in danger of hell fire One thing in all this is considerable That Moses did not make every Division nor every Court severally independent but subordinated all unto one supream Consistory A Multitude though National therefore is no impediment to good Government especially when they are numbred divided co-ordinated and subordinated and so by a certain and fixed order made one section 11 As a Multitude is no hinderance so neither is a national distance of parts For if we should enquire into the Constitution of the Chaldean or the Persian Empires of both which we might learn much out of the Holy Scriptures especially in the Books of Ezra both first and second called Nehemiah and Ester and Daniel most of all we should find 1. That the extent of them was far more than National and the distance of the parts far greater 2. That these were divided subordinated not only in the parts less to the greater but also in their Officers both for War and Peace the Revenue and the Administration of Justice and so by order united under one Head. The Empire of Rome the parts whereof were severed at a very great distance as from the River Euphrates in the East to the Ocean upon the West of France and from Aegypt Southward to the North of the Lesser Asia was according to their principles of Policy as well governed as any European petty State at this time is The Turkish Seigniory tho' of great extent is as well ordered as divers several Kingdoms Christian confined to a far more narrow compass Their order is good their strength great their Counsel which doth manage it politick their Laws for administration of Justice certain their divisions from matters of Religion few or none and their internal strength must needs be firm and the continuance of their Dominion hath been long Some attribute the excellency of their Government to their severity in punishments and their bounty in rewards yet though these add something yet these are but the least part The Dominions of Spain are many and scattered at a very great distance round about the Globe on both sides the Line within and without the Tropicks yet all these are subjected to one supream Judicatory and are tolerably governed and by a great deal of policy have been kept together till of late France indeed is stronger because divided into thirty Provinces it 's united in one Vicinity and subject to one Monarch Yet in these vast Dominions and great Empires the union of their many parts so distant did depend not only upon ordinary means but some extraordinary acts of Divine Providence From all this it 's evident that by division co-ordination subordination the supream power of one Nation nay of many Nations may be diffused through the whole Body so as to animate it and reach every part even the remotest section 12 Yet it may be objected that all the Members of a National Church can never meet together in one place and Assembly It 's true they cannot neither is it needful Joshua called and assembled all Israel when yet none but their Elders their Heads their Officers their Judges were called and convented Josh. 23.2 Upon which place Masius thus comments Cum dictum esset omnem Israelem fuisse convocatum ipsa deinde universitas ad eos deducitur qui populum omnem repraesentabant So that all Israel met in their Representative Thus David thus Solomon did use to convocate all Israel As our State hath its Wittena Gemot the Parliament which Cambden calls Pananglium so a National Church may have a general Assembly to represent the whole And this may be so composed as to be an abridgement and contraction of the quintessence of the wisdom piety and learning of a National Church This is a most excellent way for a Community to act by This may be both the terminus à quo ad quem of all these publick acts which are of weight and general concernment By this the Nomothetical Power is exercised to this by Appeal the highest causes are brought and finally determined yet here it 's to be observed that a Representative of the whole is not the whole properly but synecdochically and an Instrument whereby the whole doth so act yet if any thing be done amiss in a former particular Assembly the whole may correct it by a latter 2. That if the Constitution of a general Representative be right and the Members thereof duly qualified and act according to their qualification there will
be so much reason and wisdom in their Determinations as that they will bind more by vertue of the matter than the authority and votes of their persons We might add that in these Independent Congregations there is neither any conveniency or necessity that all the Members should meet either for Juridical or Legislative Acts though it be expedient that all should know what is done They call women and children together for Worship but not for matters of Judgement and Discipline It 's sufficient if such as are rational and judicious have suffrage in the same matters Marsilius in his Defensor Pacis determines the Power of Legislation to be in Populo aut civium universitate Yet he grants that the Laws may be made Per valentiorem partem or their Trustees and that what is so done by them is done by all But in this particular he excludes women children servants strangers though inhabitants if not incorporated likewise Mr. Parker who gives the whole and independent Power of the Keys into a Congregation under a Democratical form yet will have the exercise of this power in the Officers in an Aristocratical mode Seeing therefore that neither multitude of persons nor distance of place nor impossibility of a vertual and sufficient Convention of all the Members being the differences between a National and Congregational Church and conceived to be the impediments of good Government are no impediments I know no reason but that all the Christians of a Nation may be as well governed by a subjection to one supream Judicatory as a Congregation independent section 13 But let us oppose this National Community under one supream Tribunal to a thousand or more Independent Congregations as hitherto we have compared it with one single Congregation and then that which was affirmed will be more apparent For 1. a National Community Christian may have the same Members the same gifted Men the same Officers and the like Assemblies for Worship as subjected unto one Tribunal which the same number of Christians in the same nature divided into a thousand or more Independent Polities may have And the same gifted Men and Officers may act more effectually for the good of the whole when they are thus united then when scattered and divided like the vital Spirits in so many several Bodies For vis unita fortior and the being more firmly orderly and regularly united may more easily animate and effectually move and direct one body though great then so many bodies independent one upon another and severed though little 2. Again in this National Body every Congregation Classis Province may act order hear and determine matters belonging to their Cognisance and within their Precincts without troubling any general Representative except in the highest most difficult businesses of general concernment which with all extraordinary matters are reserved for that highest Assembly And all this is done according to the Rules of Government allowed by God and practised by the best Polities in the World. 3. The Congregationals grant that any of their single Congregations independent in a difficult point or business may take the advice of twenty thirty forty other Congregations or more yet if the Major part of them or all should agree and give their judgment that one Congregation shall not be bound by their advice but shall have power to judge against it or subscribe unto it seeing in this case no Scripture binds this or other Congregations to be independent or perhaps allow any such thing except in some extraordinary cases it were worth the serious consideration of wise men whether it be more agreeable to the Rules of good Government and the general Precepts of Church-discipline that one of these Congregations alone should have the power to determine and that finally this difficult cause and all the rest only to advise then that joyntly with this one all the rest and most of them as good and some perhaps better should have power not only to advise but determine And whether this determination of all joyntly were not likely to prove better and more effectual and more conducing to the end of Discipline than that Determination of one But against this two things may be said 1. That all those other Congregations may err but this is but to suppose and to suppose a thing both unlikely and extraordinary that forty well constituted Churches may err and that one be free from errour 2. By this it seems to follow that in some difficult cases one National Church may not only take the advice of many others but subject themselves unto them But 1. we are bound only to submit unto the Word of God made clear unto us though it be very likely that many seeking God and making right use of the means are more likely to find out truth and understand the Word of God better than one 2. I staid at a National Church and did not expatiate further because experience hath taught us how prejudicial it hath been even to this State to suffer Appeals to be made either unto Forreign Churches or States Neither is it fit in respect of the Civil Soveraign Christian that the Church within this State should any ways depend upon any other Church whatsoever section 14 I had said before that a national Multitude of Christians associated into one Body and subjected to one supream Power of the Keys may be as easily and as well governed and edified as if they were divided into many several Communities and independent Congregations Now I add that in divers cases they may be more easily and better governed and edified This might be made manifest 1. From the many conveniences which will follow from the Multiplication of Independencies in a national Church and Christian State all which by an internal connexion and subordination may be avoided Histories read with attention and understanding will manifest this and the experience of these times in our Church and Nation 2. From the disproportion and also the difference between the Church and State in respect of the extent and the multitude of independent Polities Ecclesiastical within the bowels of one entire Civil Common-wealth Christian. I do not mean that the Constitution of the Church and State should be the same so that if the State be Monarchical the Church should be such too or if Aristocratical it should be Aristocratical For though God hath determined the model of the Church yet he hath not so particularly defined the Constitution of the State. Neither do I affirm that the Church by any Divine Precept is bound to be co-adequate to the State only this I say it will be convenient advantagious to the Church and agreeable to the general Rules of Decency and Order 1. That it be co-adequate to the State. 2. That there be but one independent Church in in one national State except there be some special impediment But not to insist so much upon these a third and greater reason to prove this is taken from the insufficiency
is not bound to obey because he subjected himself according to the Laws of Wisdome and Justice Yet in such cases he being a subject as a Subject must be willing to suffer and not resist the power for though the power be just and we are bound to submit yet we are not bound to obey the unjust Laws of a just power The Apostles would not obey the unjust commands of their Rulers yet they did not resist their power but rather suffered though unjustly persecuted By this subjection the Subject is bound to maintain their higher Powers for the publick good and safety For this cause therefore saith the Apostle pay you Tribute also for they are Gods Ministers attending continually upon this thing Rom. 13.6 By this Subjection he is further bound to hazard not only his Estate but his Life and Person for the Soveraign and the State in a time of publick danger And all this must be done not for fear but Conscience sake For subjection is a duty required by the Moral Law of God and must be performed out of love and in obedience unto God and cannot be performed by any so fully as by a sincere Christian. And though we must pray for all men yet especially must we pray for them 1 Tim. 2.1 And in praying for them we pray for our selves and for our own peace Honour also is due from Subjects to their Soveraigns by reason of their eminent Dignity which ariseth from their power Contrary to these are dishonouring reviling or vilifying the Higher Power disobedience to their just Laws denying of Tribute and other dues refusing to hazzard Person or Estate for the Publick safety revolting and infidelity keeping Intelligence with Enemies open Rebellion and Resistance of their Power secret Treasons and Conspiracies against their Person or other ways directly or indirectly And the greatest Treason and Rebellion and Infidelity is that against the State it self and real Majesty the next is that against personal Majesty in the general Representative of the whole Community the next to that is that against the person or persons upon whose safety the Peace and Happiness of the People much depends And that which is against Government in general is far greater than that which is only against this or that form in particular Treason against Laws is more hainous than Treason against persons and Treason against the Fundamental Laws than Treason against Laws for Administration This Treason against the Fundamentals was charged upon the Earl of Strafford and the personal Commands of the King could no ways excuse him Yet it was not thought fit that the Judgment past upon him should be made a Precedent for Inferiour Courts because none but a Parliament could judge of and declare the Constitution and what was against it and what not section 4 And here I might take occasion to speak of Subjection unto Usurped Power and acting under it of the continuance of this Obligation unto Subjection and the dissolution of it of the Obligation of the Oaths of Supremacy and Allegiance the Protestation the Covenant and Engagement in respect of such as have taken them Of the Civil Wars of late how far they tended unto the Dissolution of the Government and how far they did actually dissolve it Whether the warlike resistance made by the Parliament against the King's Commissions and his party was Rebellion and whether there was any legal certain Power that could justly challenge Subjection or induce an obligation to it since the commencement of the War or whether the Power continued in the Parliament till the Members thereof were secluded whether the Act of Alteration was a sufficient ground of Obligation or whether any of the Alterations made since can be sufficient for that purpose But the distinct discussion hereof would require a great Volume which I intend not Neither if I should presume to deliver my judgment in these particulars is there any probable hope of giving satisfaction seeing so many men of Eminent Parts and Learning do so much differ in them I can and I shall pray that God would open our Eyes to see the Truth and unite our Hearts in Love one towards another 1. For Usurpation few do distinguish between the Usurpation and manner of Acquisition and the power itself For Power is Gods and is always just though it may be both acquired and exercised unjustly There are also several kinds oâ— Usurpation whereof some may be apparently unjust and some doubtful And there is scarcely any power now in the Kingdoms and States of this World but were Usurped either by the present Possessors or some of their Predecessors Neither can the tract of time make them lawful without some rational consent either tacit or express and something of Divine Providence besides For supream power personal cannot be usurped and possessed by any man without the Will of God not only permitting but acting and giving it too not that he approves mans sin or can do any thing unjust but for Reasons just and good known many times only to himself and not to us For God hath made use of Usurpers for to execute his judgements and to do as much Justice as many lawful Successors or Possessors and may bless them temporally for their good service and yet punish them for their Ambition and unjust manner of seeking Power By this he no ways doth warrant or encourage or give the least liberty to any one to usurpe power unlawfully We must in this point put a great difference between those Usurpations which are contrary to the Moral Laws of God and such as are only disagreeing with humane Institutions which many times may be unjust Suppose we desire to have an Usurper or Usurpers removed yet we must consider whether removal may not do a far greater mischief than our submission can possibly do When we do submit we must not so much look upon the unjust manner of acquiring the power as at the power itself which is from God and we must consider the necessity which Divine Providence hath brought us into seeing he gives us no power or opportunity to right our selves in respect of humane Titles or free our selves from such as we conceive Usurpers under whom he many times enjoys Protection Peace Justice and the Gospel It 's no Wisdom to be so ready and rash as to call every one Usurper which did not obtain his power according to the Fancies and Idea's of our own Brain and to deny all power when as they know that if there should not be power and in the hands of some and the same exercised too all would come to ruin and they themselves could not escape It may be observed that the greatest Usurpers themselves are readiest to charge those with Usurpation which have justly dispossessed them Yet for all this we must not justifie Usurpation that is truly and really Usurpation neither must we swallow Gudgeons comply with every party and sail with every wind as some are ready to do Yet
Subject as a Subject The Question is therefore Whether he that is a Soveraign may not be in some case resisted by the people and if he may in what case a resistance is lawful and free from the guilt of Rebellion Our Case in England is extraordinary and not easily known by many of our own much less by strangers not acquainted with our Government The Resistance in the late Wars was not the first that was made against the Kings of England by the people of England though it differed from all the former The difference was between the King and Parliament whereof he was a part yet severing himself from the whole body And the Parliament was no Subject considered as a Parliament for then the King himself being an essential part thereof should be a Subject As he was divided willingly or wilfully from it he could be no King no Soveraign For if the power was in the King and Parliament joyntly it could not be in him alone Besides when there is no Parliament we know he is a King by Law and the Kingdom is Regnum pactionatum non absolutum If he make himself absolute by that very act he makes himself no King of England For the common and fundamental Law knows no such King. Yet this was all either he or his party could say to justifie themselves If he say the Militia was his the Parliament will say it 's theirs as well as his and except he be absolute it must needs be so For if the supream power be in King Peers and Commons joyntly the Militia which is an essential part of this power could not be his alone The Parliament conceived that when he left them he left his power with them if that could be made good by the Fundamental Constitution then all England was bound to subject to them for the time and obey their just Commands And if it were not so how could all such as took up Arms with the King against them be adjudged Traytors as they were If these things be so there could be no Rebellion upon the Parliaments side because according to the Rules the Parliament was no Subject the King then separated from the Parliament refusing to Act with them Acting and Warring against them was no Soveraign The Question in the time of those bloody and unnatural Dissentions was stated several ways as Whether it was Rebellion in Subjects Commissioned by the Parliament to resist evil Counsellours Agents Ministers of State and Delinquents sheltring themselves under the King as divided from the Parliament and acting against the Laws by his Commissions or Whether the Parliament of England lawfully Assembled where the King virtually is may by Arms defend the Religion established by the same Power together with the Laws and Liberties of the Nation against Delinquents detaining with them the Kings seduced person or Whether the Parliament might not grant a Commission to the Earl of Essex by a force to apprehend Delinquents about the King to bring them to a due Tryal and this even against the personal will of the King Or whether after the Parliament had passed a Judgment against the King they might not lawfully give Commission to General Fairfaxe to apprehend the Kings person and bring him to the Parliament or Supposing the King to be an Absolute Monarch whether any of these things could be done by any Commission from the Parliament as the Condition of the Kingdom stood at that time Thus and several ways was the Question then stated and debated But the Truth is that if the Fundamental Government be by King Peers and Commons joyntly and that neither the Parliament consisting of these three States nor the Parliament as distinct from the King nor the King as divided from the Parliament could alter this Constitution nor lawfully act any thing contrary unto it then so soon as the Commission of Array on one side and of the Militia on the other were issued out and were put in Execution the Subjects in strict sense were freed from their Allegiance And if they acted upon either side their actings were just or unjust as they were agreeable or disagreeable to the Fundamental Laws and the general and principal end of Government For even then their subjection to the Laws of God and Fundamental Constitution of the Kingdom did continue and they were even then most of all bound to endeavour with all their power the good and preservation of their Country bleeding and conflicting with the pangs of Death And in that cause no man was bound too scrupulously to observe the petty Rules of our ordinary administration which were proper for a time of Peace which could not help but hinder her recovery In such an extraordinary case many extraordinary things if not in themselves unjust might have been done to prevent her ruine And if the Parliament had gone at first far higher than they did they had prevented the ruin of the King the dis-inherison of His Children and very much effusion of blood which followed afterwards The business then was easie which afterwards became difficult and could not be effected but with the loss of many thousands and the hazard of themselves for their Cause at first was well resented and had many advantages but was much prejudicial by too much intermedling with Religion and making some alterations in the Church before the time section 9 The next Question is whether since the Commencement of the War there was any certain ordinary legal Power which could induce an Obligation or there was any such Power after the Wars was begun it continued after the War was ended till the secluding of the Members and upon that seclusion ceased The answer unto these two Questions seems not to be difficult For there neither was nor could be any such certain ordinary legal Power which could in the strict letter of the Law bind all English Subjects to subjection For during a Parliament this binding power is in King Peers and Commons joyntly in the Intervals of Parliament it s in the King acting according to the Laws of Administration But all this while nay to this day there is no such Parliament no such King. And both in the time of the Wars and after both King and Parliament acted not only above but contrary to many of our Laws which in the time of Peace are ordinarily observed Neither of them could give us any Precedent for many things done by them and those few Precedents alledged for some of their Actions were extraordinary and Acts of extraordinary times If the Counties and People of England had not been ignorant and divided the division of King and Parliament did give them far greater power than they or their Forefathers had for many years But it did not seem good to the Eternal Wise and Just Providence to make them so happy Punished we must be that was his sentence and punished we have been yet few of us receive correction or return to him that Smote us Some
as some say at the King's command and that without Law and Authority of Parliament were confessed by many and exclaimed against generally and divers charged the Bishops as guilty of Usurpation And how could they be less when they imposed the reading of the Book of Sports and Recreations on the Lord's Day and punished divers Ministers refusing to read it and which was not tolerable the Rule of their Proceedings in the Exercise of their Power were Canons never allowed by Parliament besides the business of Altars and bowing towards them which had no colour of Law. Many began to set up Images in their Churches and innovate in Doctrine In consideration of all these things a Reformation if it might be had was thought necessary not only for the perfection of the first but also for to cut off the late introduced Corruptions and prevent the like for the future An opportunity seemed to be put into the hands of a Parliament with an Assembly of Divines for Advice to do this A Reformation they promise begin to act in the way and the expectation was great But instead of perfecting the former Reformation they cause a new Confession of Faith and new Catechisms to be made instead of the former Litany and Set-form of Worship a new Directory is composed and allowed for Discipline the Episcopal Power is abolished and the former Government dissolved the Presbyterian way and that very near to that of Scotland is agreed upon So that whatsoever was formerly determined by Law is null and void In the end all that was done in Doctrine Worship and Discipline in a time of War without and against the mind of the King did vanish was rejected by many and received by few and such an Indulgence under pretence of favouring tender Consciences was granted that every one seemed to be left at liberty Hence sprang so many Separations and Divisions that England since she became Christian never saw the like There were Divisions in Doctrine so many as could not be numbred and men were in their judgments not only different but contrary And the former Errours pretended to be great were few in number far less noxious in quality to these latter which were very many and some of them blasphemous and abominable All the old damned Heresies seemed to be revived and raked out of Hell and the more vain and blasphemous the Opinion was it was by some the more admired For Worship instead of some Ceremonies or Superstitions at the worst all kind of Abominations brake out of the bottomless Pit. Some professed high Attainments and Dispensations to the contempt of Sabbaths Sacraments and Scripture it self Some turned Ranters as though the old abominable Gnosticks had been conjured up from Hell. Some become Seekers till they lost all Religion Some were Quakers and most rude uncivil inhumane Wretches deadly Enemies of the Ministery and most violent Opposers of the Truth and some no ways ill affected but otherwise well disposed people seemed to be suddenly bewitched as the Galatians were and could give no Reason nor Scripture for the Separation and Alterations To be Anabaptists seemed to be no Offence in comparison of the former For Discipline some adhered to the Prelatical Form and refused Communion with the Presbyterian Party who with the Scottish Kirk thought their way to be the pattern in the Mount. The Congregational was of another mind and stood at as far a distance from them on one hand as the rigid Prelatical Party did on another Yet in all this God preserved an Orthodox Party who retained the substance of the Protestant Religion with moderation and these are they whom God will bless and make victorious in the end For all these came to pass and were ordered by Divine Providence to discover the Frailty of all the Wickedness of some the Hypocrisie of others to mainifest the Approved to confirm the Sincere and let men know what a blessing Order and Government in Church and State must needs be Here are many Separations some passive but many active As for the Quakers Seekers Above-Ordinance-Men Ranters their Separation under pretence of greater Purity is abominable The Antipedobaptists and the Catabaptists cannot justify themselves and in the end it will appear The Dissenting Bretheren and Congregational Party after they began to gather Churches with the rigid Prelatists and Presbyterians cannot be excused They who actually concurred to procure a Liberty and Indulgence especially the Zealots in that work who had a design to promote their own way have much to answer for and their account will be heavy And surely they are no ways innocent who took away the former Laws and Government before they had a better and in their own power effectually to establish them And whosoever departed from the former legal Doctrine Worship and Discipline in any thing wherein it was agreeable to the Word of God must needs be worthy of blame as also those who took an ill course to introduce that which was better They who will not Communicate with others or refuse to admit unto Communion with themselves in all parts of Worship such as are Orthodox and not changeable with Scandal are Offenders and cannot be free from Schism in some degree The Usurpations of the Bishops and the Innovations made by them and their Party together with their Negligence and Remisness in the more material parts of Discipline gave no little cause of Divisions and Separations To be hasty high rigid in Reformation is a cause of many and great Mischiefs This Church of England upon the first Reformation within a few Years brought forth to God even under that imperfect Reformation many precious Saints and glorious Martyrs And after the Persecution how did she multiply and yield as many able and godly Ministers and gracious Servants of God as any Church in the World of that compass And all those good Children were begotten nursed and encreased whilst under one supreme independent national Judicatory And though the first Reformation was imperfect and the Church in some things corrupted and many Members of the same without sufficient cause persecuted by some of the ungodly and unworthy Bishops yet for any of the Subjects and Members to separate from her without some weighty cause must needs be a sin A Reformation might have been made without pulling down the whole Frame and opening a way to the ensuing Divisions Imperfection is no sufficient cause to separate from that Church wherein any person receives his Christian being or continuance or growth of that being neither is every kind of Corruption No Church but hath some defects but hath some corruptions and no man should depart from any Christian Society further than that Society is departed from God. To depart and divide upon conceits of greater purity and perfection or out of a spirit of Innovation or in any thing which is approved of God and not contrary to his Word cannot be lawful Let every one therefore reflect upon the former Divisions and
of the Ministers in the Church of the New Testament Thus Dr. Andrews 8. That most Reformed Churches have Bishops or Superintendents and something answerable to Bishops The design of all this seems to be this to prove that Episcopacy and Hierarchy are Apostolical and Universal Yet none of these produce any clear divine Testimony for this much less any divine Precept to make this Regiment to be of perpetual and universal Obligation Neither doth any of them all tell us distinctly what the power of Bishops of Metropolitans of Patriarchs was nor whether they exercised their power as Officers or Representatives or by an immediate Jus divinum derived from Christ unto them All that can be made clear is that some kind of Bishops may be lawful and have been ancient and of good use tho' of no necessity As for the Hierarchy it 's meerly Humane and being at first intended for Unity was in the end the cause of the most bloody Schisms that ever were in the Church and an occasion of intolerable Ambition Emulation and Contention section 10 Subjects Ecclesiastical being distinguished and divided must be educated and so I come to Education and Institution Tho' spiritual Education be far more useful and necessary yet we find most men more careful to improve their Children for this World than the World to come The reason is they seek these earthly things more than God's Kingdom love the World more than God and prefer their Bodies before their Souls we should provide for both yet for the one far more than the other For what will it avail us to be temporally rich and spiritually poor to gain the World and lose our Souls This therefore is a special work of the Church to educate her Children and nurse them up for Heaven and the Magistrate Christian is bound to further her in this work Adam tho' Lord of the whole Earth and one who might give his Chrildren far greater Estates in Land than any man ever could yet brought them up not in idleness but honest labour But his principal care was to teach them how to serve their God and when they were at age to bring their Offerings before him God saith of Abraham I know him that he will command his children and his houshold after him and they shall keep the way of the Lord to do justice and judgment that the Lord may bring upon Abraham that which he hath spoken of him Gen. 18.19 Joshua saith As for me and mine house we will serve the Lord Josh. 24.15 It was the command of God that Israel should diligently teach their Childrin the words of God and talk of them when they sit in their houses and when they went abroad and at their lying down and rising up Deut. 6.7 How often doth Solomon exhort to this duty and earnestly perswade all especially Children to hearken unto understand remember and constantly follow the Instruction of their Parents and their Teachers This was the care of Moses of Joshua the Judges and good Kings of Judah For this end the Priests Levites and Scribes were ordained of God and the Schools of the Prophets were erected for this work This was one prime work of the Levite to teach Jacob God's Judgments and Israel his Laws Deut. 33.10 This same commandment of spiritual Education is repeated in the New Testament Parents must bring up their Children in the nurture and admonition of the Lord. This was the great work of Apostles Prophets Evangelists Pastours and Teachers For they must not only pray but teach and labour not only for conversion but the edification of the Churches children Every Christian should help and further one another in this work As Parents in their Families should have knowledge and be able to instruct their Children so all Schools should have a care to inctruct the Schollars not only in Languages and humane Learning but also in the saving Doctrine of Salvation This was the reason why by the Canons of the Church they were bound to Catechise the Children committed to their charge The Universities and Colledges were bound to this likewise and were Seminaries not only for Lawyers Philosophers and Physitians but especially for Divines who though they improved their knowledge in Arts and Languages yet it was in subordination to their diviner and more excellent Profession To this Head belongs correction good example and prayer For the principal Teacher is the Spirit who must write God's truth in the heart and make all means of Education effectual The publick and principal Officers trusted by Christ with this work are the Ministers of the Gospel whose work is not meerly and onely to preach and expound but to catechise In these works we are either very negligent or imprudent For we should plant and water and pray to God for the encrease we should lay the foundation and build thereon yet some will do neither some will preposterously water before they plant and build before they lay the foundation and so do Christ little service and the Church little good Some â—ake upon them the Charge and are insufficient Men may teach by word or writing By word first the principle should be methodically according to the ancient Creeds and Confessions be taught this is the foundation Without this Sermons Expositions reading of Scriptures and Books of Piety will not be so profitable and edifying as they might be People should be taught to believe the saving and necessary truths of the Gospel obey his commands pray for all blessings and mercies and especially for the Spirit that their faith may be effectual their obedience sincere and also to receive the Sacrament aright and make right use of their Baptism Expositions should be plain and clear that the people may not only hear but understand and be moved by the truth understood Sermons should be so ordered as that the Texts proposed and the Doctrines and divine Axiomes thereof may be cleared understood according to the drift and scope of the Spirit And the application should be pertinent to inform the understanding with the truth and remove errours and when that is done to work effectually upon the heart and make it sensible of sin past and pertinent by the precepts the comminations and the promises to comfort and raise up the soul dejected and this especially by the promises of the Gospel and upon motives to exhort to duty and upon reasons restrain from sin This Ordinance and means of divine institution is much abused many ways by instilling of erroneous and novel opinions with which the people are much taken if delivered with good language by impertinencies digressions quaint terms and formalities But of these things I have spoken in my Divine Politicks This institution is so necessary that without it the Church cannot subsist nor the Government thereof be effectual section 11 Thus you have heard that the subject or as some call it the object of Politicks is a Common-wealth the subject whereof is a Community
nascenti pagina Romae Ne vacet Egeriam consuluisse Numae Nôsset Sparta isthaec duro formata Lycurgo Secula mansisset quot stetit illa dies Nec tibi Parthenope gemino quater amplius anno Mutâsset dominos plebs malefida suos Nec sibi foedâsset fastos tam turpiter Anglus Mille per incertas mobilis usque vices Quam bene Lawsoni magni dignissimus haeres Nominis ille salo jura dat ipse solo Qui regnare doces qui parere libenter Imperium calami cedimus ecce tibi Te tantum genuit vicus brevis angulus orbis Langcliff nascenti conscia terra mihi Eborac invideant vel Athenae debeo plura Jam pro te patriae pro patriâque tibi J. Carr M. D. The Arguments of the several Chapters CHAP. I. THE Propriety of God acquired by Creation and continued by Preservation the ground of God's Supream Dominion and Power which is Vniversal over all Creatures more particular and special over Men and Angels who are capable of Laws Rewards Punishments not only Temporal but Eternal The exercise of this Power over men immediate or mediate Mediate in his Government by men over men is either Temporal and Civil or Spiritual and Ecclesiastical Of the Government Spiriritual before Christ's incarnation and after his Session at the right hand of God. Of the Church Christian Triumphant Militant Mystical Visible Vniversal Particular The particular parts of the Vniversal Church as visible the principal subject of the following Discourse Of our Differences and the Causes thereof of hope of better times and the Author's disposition and intention CHAP. II. Of a Community Civil What Politica is what a Common-wealth the subject of Politica What the parts of a Common-wealth what a Community in general which is the subject of a Common-wealth the name and nature of it Of a Community Civil the matter and the form thereof the Original of Civil Communities the members both natural and naturalized whether they be imperfectly or formally or eminently such The capacity of this Association to receive the form of a Civil Government Liberty Equality Propriety Adjuncts to this Community CHAP. III. Of an Ecclesiastical Community The Definition of it the explication of the Definition The distinction of the Members less or more perfectly such the manner of Incorporation Liberty Equality and aptitude to receive a form of Discipline Proprieties of this Society Where something concerning Children born of Christian Parents whether they be members of the Church or no. CHAP. IV. Of Power Civil The parts of Politica Constitution and Administration what Constitution is and what the parts of a Common-wealth both Civil and Ecclesiastical which are two 1. Soveraign 2. Subjects What Power in general what Power Civil what Supream Power or Majesty Civil the Branches thereof which are called Jura Majestatis the multitude of them reduced to order by several Writers and by the Author The Properties of Majesty which is real or personal What Soveraign real and personal may do The subject of Real Majesty in England the personal Majesty of the Parliament and of the King. CHAP. V. Of the Acquisition of Civil Power and the Amission thereof Civil Power not essential but accidental to any Person It 's acquired in an extrordinary or ordinary way In an ordinary way by consent or Conquest justly or unjustly as by Vsurpation Vsurpation no good Title The Person Vsurping Power at the first by subsequent consent may acquire a good Title Succession and the several ways of Succession Amission of Power by violence or voluntary consent or death Whether any can be made Soveraign by condition Whether Soveraign Power once acquired may be forfeited how and to whom the forfeiture may be made CHAP. VI. Of Power Ecclesiastical The Power is Spiritual not Civil Why it 's called the Power of the Keys as different from that of the Sword. Binding and loosing the same with shutting and opening and both belong chiefly to Legislation and Jurisdiction This Power is Supream and Independent in every particular Church constituted aright according to the Rules of the Gospel The Branches and several Acts of it as making of Canons the constitution of Officers Jurisdiction disposing of the Churches goods Of the extent and also the bounds of the Power Certain distinctions of Spiritual Government as Internal External Vniversal Particular Formal Material or Objective CHAP. VII Of acquiring or losing Ecclesiastical Power The just acquisition of this Power extraordinary in the highest measure as in Christ or in an inferiour degree as in the Apostles How ordinary Churches derive it from Christ by the Gospel-Charter in an ordinary way The Power of the Church and Church-Officers unequal The several ways of Vsurping and also of losing this Power CHAP. VIII Of the disposition of Power Civil from the several manners of which arise the several forms of Government General Observations premised The several ways of disposing Majesty or Supream Power in a State. Pure Forms Monarchies Despotical and Regal Pure Aristocracies and Democracies Mixt Governments when the Power is placed in the several States joyntly The Constitution of England Our Kings and their Title Peers Commons Parliaments and the limits of their Power The limits of the King 's personal Majesty Our late divisions and confusions Whether King or Parliament as separate could be justified by the fundamental constitution of England By what Rule the Controversie must be tried Whether Party at the first was more faithful to the English Protestant interest How the state of the Controversie altered The high and extraordinary actings of all Parties The good that God hath brought out of our Disorders and Confusions Whom God hath hitherto most punished What is to be done if we intend a Settlement of State and Church CHAP. IX Of the Disposition of Power Ecclesiastical and whether the Bishop of Rome be the first Subject of it under Christ. The many and great differences about the first subject of the Power of the Keys The Pope the Prince the Prelate the Presbyter the People challenge it as due unto them by a Divine Right Their several pretended Titles examined Whether that of the Bishop of Rome be good or valid His greatness state and pomp The opinions of some Authors concerning him The power he challengeth is Transcendent The reasons to prove his title taken from Politicks Ancient Writers the Scriptures The insufficiency of them though some may seem to prove the possession yet none make good the Title CHAP. X. Whether Civil Soveraigns have any right unto the power of the Keys Their power and advantage to assume and exercise this power Their power not spiritual but temporal The power of ordering Matters of Religion what it is and how it differs from the power of the Keyes Jus Religionis ordinandae rightly understood belongs to all higher Powers The Kings and Queens of England though acknowledged over all persons in all causes both Civil and Ecclesiastical supream Governours yet
had not the power of the Keys What meant by those words of the Oath of Supremacy Erastians worthy of no answer because they mistake the state of the Question and do not distinguish between the power of the Sword and the power of the Keyes CHAP. XI Whether Bishops be the primary subject of the power of the Keys The different Opinions concerning the Definition and Essence of a Bishop as also concerning the first Institution of Episcopacy St. Hierom's opinion in this point Spalatensis his Arguments to prove the divine Right of Bishops as invested with the Power of Ordination and Jurisdiction examined and answered Dr. Andrew's judgment in this point After the primitive and also the Hierarchical Bishop which differ much the English Episcopacy different from both the former in some things proper to its self is examined Though some Episcopacy be grounded upon a divine general Precept yet it 's not the primary subject of the power of the Keys neither is Episcopal Government proved to be necessary by any special Evangelical Precept of universal and perpetual Obligation CHAP. XII Whether Presbytery be the primary Subject of the power of the Keys The abolition of Episcopacy and Surrogation of Presbytery in several reformed Churches The nature institution and distinction of Ecclesiastical Presbyters The places of Scripture whereon the Divine Right of Law or Rulong Elders is grounded examined The Reasons why Presbyters cannot be the primary Subject of this Power The Arguments of the Authors of Jus Divinum Ecclesiastici Regiminis insufficient to prove it The English Presbytery as intended and modelled by the Parliament with the Advice of the Assembly of Divines inquired into the perfections and imperfections of the same as modelled by the Parliament without the King. Certain reasons which may be imagined why the Parliament would not trust the Ministers alone with this power CHAP. XIII Whether the power of the Keys be primarily in the People The Opinion of Morellius and the Brownists of Blondel of Parker and his mistake in Politicks applyed to the Church to make it a mixt Government The judgment of the Author concerning the Power of the Keys to be primarily under Christ in the whole Church exercised by the best and fittest for that work The explication of his meaning concerning the Power the Subject of the power and the manner how this power is disposed in this Subject The Confirmation of the Proposition that the power of the Keys is in the whole Church both by the institution and exercise of this power Where is premised a confutation of Mr. Parker's Opinion grounded upon two several places as he understands them The principal places of Scripture concerning Church-Government in foro exteriori explicated to find out where this power is by institution for Legislation Jurisdiction and making of Officers CHAP. XIV Concerning the extent of a particular Church The several extensions of the Church in excess according to the opinions of such as subject all Churches particular to that one Church of Rome of such as subject all to a general Council Whether Mr. Hudson is justly charged by Mr. Hooker and Mr. Ellis and divers others as guilty of Popery in asserting the Vnity of the universal Church The Congregational extent what Congregations are How they are gathered Whether the primary subject of an Independent power The Arguments of Mr. Parker and the Dissenting Brethren from Scripture and Politicks answered A National extent examined What means to be used for to compose our differences and to settle peace amongst us CHAP. XV. Of Subjection Civil What Subjection in general is the degrees of it What a subject in a Civil State is the definition explained What the duties of Subjects be What offences are contrary to this subjection what Rebellion and Treason the several degrees of Treason What Vsurpation is whether any subjection be due to usurped Powers When a power is dissolved How far the Oaths of Supremacy and Allegiance bound the English subject Whether the Civil War did dissolve the Government Whether the late Warlike Resistance made against the King's party and his Commissions was Rebellion or no Something of the Question Whether upon any cause it be lawful for the Subjects to resist or take up Arms against their lawful Soveraign as it 's handled by Arnisaeus Whether after the War said to be between King and Parliament was commenced there was any ordinary Legal power which could induce an Obligation to subjection Whether the Act of alteration or any other Form since proposed could introduce an Obligation Whether it be lawful to submit unto an extraordinary power when no Legal power according to the Fundamental Constitution can be had The distinction division and education of Subjects CHAP XVI Of Subjection Ecclesiastical What Ecclesiastical Subjection is The distinction of Ecclesiastical Subjects The qualification of a Church-member Something of separation from a Church The alterations divisions made and the Errors Blasphemies professed in the Church of England in these late times The manner of admission of Church-Members The ancient and also the modern division of Ecclesiastical Subjects and their subordination The Hierarchical Order The Education of Church-members LIB I. CHAP. I. Of Government in General and the Original thereof section 1 PRropriety is the ground of Power and Power of Government and as there are many degrees of Propriety so there are of Power Yet as there is but one Universal and absolute Propriety so there is but one supream and universal Power which the most glorious blessed and eternal God can only challenge as his due For he contrived all things by his wisdom decreed them by his will and produced them by his Power and to this Day worketh all things according to the counsel of his will Ephes. 1.11 In this respect he is worthy to receive Glory and Honour and Power because he hath created all things and for his pleasure they are and were created Rev. 4.11 By Creation he began by Conservation he continued to be actually the Proprietary of all things for he made them of nothing and gave them being and existence so that they wholly always depend upon him and are absolutely his Therefore he hath power to dispose of them as he pleaseth and to order them to those ends he created them This ordination of them which began immediately upon Creation continueth and shall continue to the end and is either General of all things or Special of some special more noble and more excellent Creatures Such are Men and Angels endued with understanding and Free-will and capable of Laws rewards and punshments both Temporal and Eternal The ordination of these is more properly and strictly called Government which is a part of divine Providence The Government of Angels no doubt is excellent and wonderful though we know little of it because not revealed section 2 That of men is more fully manifested to us as men in that Book of books we call the holy Scriptures the principal subject