fully it will not be difficult to evince the Necessity of it that is to the well-being of Churches For whatsoever thing is useful in Spirituall Affairs is in the same degree necessary I argue thus If the Ruling and Coercive Power in a Church extends it self no further than its own Members if one particular Church cannot suspend excommunicate or exercise any the like Jurisdiction over another it will then follow vvhatsoever benefit or advantage Churches or their Members are supposed to have and reap by being under any external Ruling Power here on Earth this may and ought to be expected from the Magistrates Ecclesiastical Power and no other His being the only Power that is of such an Extension and Compass as to be over all Persons and Societies within his Dominion For the further Explication and Confirming â—f what is asserted I shall lay down some Consideratiâ—… and then answer Objections Purposely enlarging upon this Argument as teâ—ding much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these 1. Consid There is no Power or Authority either in Church or Magistrate that doth directly and immediately compel or enforce the Soul Pains Penalties Restraints bodily Punishments or what comes nearer and is more spiritual as Admonition Suspension Excommunication or the like When Persons in any of these ways are judged and censured by the Church or Magistrate or both it hath its Fruit and effect in respect of Morals only in a more remote and circular way as by working upon the Judgment and Affections for there is no created Power can reach the Soul to put upon it any immediate Force or Restraint further than by applying such means discovered by the Scripture or Light of Reason as are apt and sutable to set the Soul and Conscience of a Man to work upon it self We term it Coercive in difference from what is only directive and perswasive for according as the Lord hath appointed means to this or that end accordingly he works and so we ought to judg and speak Now besides means appointed for Instruction and Perswasion God also hath added Discipline a means morally coercive which hath Pain and Shame it 's a Punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Destruction of the Flesh therefore a means morally Compulsive and more than meerly perswasive the Rod and Reproof is more than a single Reproof 1 Cor. 4 21. Prov. 29.15 it is a Correction which is compulsive a Servant will not be corrected with Words Prov. 29.19 To make all but directive is to confound the Keys The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment Mr. B. in his first Dispute p. 6. There is the Word read Gospel preached and visible Seals we are to judg a greater and more effectual Exhibition of Christ in the one than in the other yet all alike to a carnal and unbelieving Soul 2. Consid 2. There are two great and Catholick Bodies or Kingdoms immediately and invisibly governed by the Lord and his Christ The World and the Church made up each of lesser Corporations as Cities Families particular Churches c. I say invibly and immediately for as God is invisible so what he acts immediately he acts invisibly As the Church is distinguished into visible and invisible so is the Power by which it is governed Invisible as in a secret and mysterious way and immediately from the Lord And thus are all Kingdoms Nations Tongues and Languages united as in one even the great bulk of Mankind as also the Catholick Church that great Body of Saints they are all thus governed by the Lord and by the Lord alone and not by Man Visible as where these great Bodies of Men and Christians come to be cantoned parcelled and formed into Political Bodies governed by Men in an external and visible way Whit. Tract 3. c. 6. p. 181. These visible Bodies are either greater and containing as Empires Kingdoms Provinces c. Or those that are less and contained as Cities Colledges Parishes Families and the like whether they be Civil or Ecclesiastical These lesser though they have the Compleatness of a Body or Corporation each in its kind and sufficient Power to govern it self yet not to govern one another A Church hath not Authority to govern a Church nor a Family or the chief in it to govern a Neighbour-Family The Light in the least Star is sufficient for it self but not to rule the Day or the Night as the Sun and Moon These lesser Bodies are therefore so composed in their several Regiments that many of them together may lie in the Bosom of a greater Corporation and it will be for their better and more comfortable subsisting and Government There is no external Coercive or ruling Power that falls in and fills up the space betwixt those great and Catholick Bodies the World and the Church and those lesser and lowest Regiments and Societies but what is or ought to be expected by or from the Civil Magistrate who is to be acknowledged of his Subjects whether Ecclesiastical or Civil under God to be over all 3. Consid 3. These lesser Societies therefore ordinarily are found under a twofold Regiment or Discipline The one intrinsecal and peculiar which in Families is received from the Light of Nature and from the Light of Institution in Churches The other more General and Common And these lesser Bodies come under it by reason of their Situation being within the Confines of such a Republick they are under the Jurisdiction of the Princes thereof Each Prince saith Mason De Episc lib. 3. c. 5. hath Power in subditos suos ac proinde in Ecclesiam modo subditi sunt Ecclesiae If situated where there is no formed Common-wealth King or Supream Power over them they are as a Free-State each Family City and Church immediately under God and Christ and no other Power but what it hath in it self which being a Power not derived from the Magistrate but peculiar to a Family or Church remains in them though no Magistrate Such was the Family and Church-state in the time of the Patriarchs for two thousand Years Consid 4. As it is a Happiness to a People that live in Empires and Kingdoms that these are parcels of that World which hath the righteous God to govern it who is the King of Kings and Lord of Lords 2 Kings 19.15 So is it likewise to these lesser Bodies a Family or a Church that they are situated under the Wing of a Christian and well-governed Common-wealth Where their Governours may be under some Government and in Wrongs and Disorders they may have the Benefit of a Magistrate's Authority to appeal unto CHAP. V. 1. The first Objection answered 2. The Government
due and peaceable accord and each enjoy its priviledge and Liberties without prejudice to the other unless these two great bodies be moulded and formed one with respect unto the other The policy therefore of the Nation and the National Church of the Jewes were both respectively formed by the Lord himself 4. Hence this opinion of States-men that there is no form of Church Government left by Christ or his Apostles but to be moulded by the wisdom and discretion of Christian Magistrates as may best sute and joynt in with the Civil Government And of others the contrary The Commonwealth saith one must be made to agree with the Church and the Government thereof with her Government for as the House is before the Hangings therefore the Hangings which came after must be framed to the House which was before so the Church being before there was any Commonwealth and the Commonwealth coming after must be fashioned and made suitable to the Church We need none of these extreams The middle way is this Let not the Churches claim to be National or Provincial Jure divino but leave such disposements to the civil Magistrate and be numbred with those lesser Societies Families Cities Colledges c. For these do retain in themselves much the same form of Government and Freedom therein throughout the World 5. It is not so much a different Form of Government For in each Republick there are contained lesser Societies of all Forms but their Extention and Potency in numerousness of Persons by which they are made up Nor from this Principallity but the nature of their Vnion and Incorporation begets the Jealousies If particular Churches become Diocesan Provincial or National by Union from the Law or Direction of the Civil Magistrate for the better exercise of that Ecclesiastical Jurisdiction the Lord hath intrusted him with and conveniency of such persons as he shall appoint to inspect the Churches in such a case the Greatness of Churches cannot be disturbent to the Civil Government being so directly under its cognizance The Common-wealth saith one Holy Common-wealth R. B. p. 2.220 containeth all the people in a whole Nation or more united in one Soveraign but particular Churches distinct from the universal united in Christ have no general Ecclesiastical Officers in whom a Nation must Unite as one Church How then become they to be termed a National Church Ans As several Corporations in one Kingdom or as so many Schools that have a peculiar form of Government but such only as is under and united in the Magistrates Government in its kind If this should be claimed as the Law or Priviledge of each Family that the Governors be it the Father or Husband or Master are thereby invested by Nature with the same Power in respect to all Families in a Nation and by several Correspondencies and Subordinations raise and Vnite themselves at last into a general Assembly or Representative And by Vertue of that Enconomical Authority give Laws to the whole Nation though not as their Subjects yet to the same persons under another notion that is as Wives Children Servants There is no well Governed State could entertain such a spreading interest as this without great doubtfulness lest their Authority and Supremacy should hereby be much Ecclipsed 6. But a particular Church consisting only of a few persons in it self and independent on others is necessitated to depend under God upon the Magistrate for protection Which if they should not obtain but be opposed and persecuted yet have no ability to resist being as a Family single and alone not able to defend it self or molest others Nor if they were able is it lawful for a Church to compel by the Sword more than the Magistrate may by the Keyes or what is peculiar to the sacred Function 2 Chron. 26. Matth. 16.19 with 24,25 Vzza erred in the latter and Peter in the former The primitive rule and practice was this being persecuted in one City to fly into another Matth. 10.23 and pray that their flight may not be in the Winter Matth. 24.20 No nor do we judg that these spiritual weapons the Keyes or Censures may lawfully by a Church or any Ecclesiastical Assembly be threatned or drawn forth against a whole Nation and the chief Governors thereof to urge or compel especially in State concernment as the Pope and some others have done though it be truly in ordine ad spiritualia The 5. Instance The fifth Instance or particular is this A Family of all Corporations or Societies is the lowest species or kind it 's Consociatio simplex prima and hath the least of pomp or state in the Government of it Cottages are built low Palaces with many stories one above another Those great and extensive Bodies Empires and Kingdoms represent in their Government more adequatly the mystical Church in respect to Jesus Christ who is their King and Lawgiver whose Kingdom is with Power and Glory a Power that is truly Imperial and Princely having Officers under him his Kingdom reaching to the utmost ends of the Earth who in his name command reward and punish But Particular Churches as Governed by his Ministers have their porportion rather with the meanest and lowest Societies of men The Scripture seems to point at more than a similitude and likeness betwixt a Family and Church in the managing of affairs I mean in the general and what is it not determined by express Institution Paul speaking to Timothy about Church affairs mentioneth their expertness in Governing a Family as a good preparative or qualification for Church administrations And this is not only Negatively if a man know not how to rule his own house how shall he take care over the Church of God 1 Tim. 3.5 But affirmatively These things I writ that thou mayest know how thou oughtest to behave thy self in the house of God which is the Church of the living God vers 15. The sence is full in those words the Church of the living God yet it is added the house of God purposed as it were to carry the Eye back to what was written ver 5. which sheweth that there is a great affinity betwixt our Houses and the Houshold of God In a Fathers Governing his Children saith one there is a lively resemblance of such Duties of Government which he is to dispence towards the Church There is nothing enjoyned the Minister as a Father of Children which belongeth not to him as he is a spiritual Father of the Children of God On the other hand it may be observed this question being amongst the Apostles who or which of us shall be the greatest in the Kingdom of Heaven Matth. 18.1 upon supposition the Church being termed a Kingdom there would be places of State and higher dignity in it as are in the Kingdoms of the World Christ Answers There shall be no such thing no primacy in one Apostle over another no the greatest of you shall
of a particular Church hath Affinity with that of lesser Bodies more than with the Government of Empires and Kingdoms Object §1 IT may be objected that Churches are spiritual Corporations and of a more peculiar Consideration in respect of their Government and therefore not to be reckoned with Civil at least not with Families or such mean and low Societies Answ Policy or Government in it self and all the sorts of it is from the Light of Nature and common Reason And this is generally supposed by all that tho the Subject Matter or Persons governed be of different kinds yet the Law and Forms of Government may be the same where so appointed by Christ And I rather insist on such a way of Discourse and Reasoning as most suitable to the Subject I am upon but especially because Subordination of Churches to Churches is argued from the Light of Nature and in this very Case termed by our Brethren a Divine Topick Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth from the natural Wisdom and Prudence of Man in the Government and managing of Kingdoms there is as much a Jus Divinum and ground of reasoning from the Light that appears in the prudent Constitution and Government of any other civil Society I have mentioned in the Considerations Cities Families and those lesser and contained as I term them Societies or Corporations with particulars Churches Because I humbly conceive the Policy and Government of each tho in other things different to be more proportionable and of greater Similitude in many things then between particular Churches and those greater and containing Bodies Kingdoms Empires or the like Churches thus humbly constituted and governed are most consistent with Civil Magistracy of what Form soever the Common-wealth shall be In Confirmation of this Agreement or Similitude I shall take for the most part the Concessions of the learned of each Perswasion The Instances or Particulars are these §. 2 1. Families tho contained under the National Government where they are sinuated yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self so are particular Churches 1. They are intrusted with a Government each for it self It is not sufficient saith Mr. Perkins Perk. on Rev. 2.20 for a Church to have the preaching of the Word but Church-Government This Church speaking of Thyatira is blamed because she did not use the Authority God had given her There is given to the Ministers of each particular Congregation according to Episcopal Ordination established by our Law not only a Power to preach c. Take Authority to preach the Word of God but they are made Rectors Governours in those particular Churches and it 's said to them Whose Sins thou dost remit they are remitted and whose Sins thou dost retain they are retained by which Words the Keys of Discipline are given them see Bilson Perpet Govern p. 213. ' By Order of the Church of England saith Bishop Vsher Reduct of Episc p. 2. all Presbyters are charged to administer the Doctrine and Sacraments and the Discipline of Christ as the Lord hath commanded and as this Realm hath received the same And that they might the better understand what the Lord hath commanded therein the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordination Take heed to your selves and to all the Flock among whom the Holy Ghost hath made you Overseers to * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so taken in Mat. 2.6 and Rev. 12.5 and 19.15 rule the Congregation of God which he hath purchased with his Blood ' ' Mr. Hooker Ho. Eccl. Pol. lib. 3. Sect. 1. tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the visible Church have mutual Fellowship and Society one with another In which Consideration the Catholick Church is divided into a number of distinct Societies every of which is termed a Church within it self not an Assembly but a Society A Church as we are now to understand it is a Society that is a number of Men belonging to some Christian-Fellowship the Place and Limits whereof are certain having communion in the publick Exercise of such Duties as are mentioned Acts 2.47 As those of the Mystical Church by their inward Graces differ from all others which are not of the Body and those that are of the visible Body of the Church have the Notes of external Profession Even so these several Societies or Churches have Properties belonging to them as they are publick Christian Societies And of such Properties it may not be denied that one of the very chiefest is Ecclesiastical Policy We use the name of Policy rather than Government because Church-Policy containeth both Government and also whatsoever besides belongeth to the ordering of the publick Affairs of the Church of God ' In which words he asserts not each particular Church to have Government in it self but this Government as a Property or Propriety by which it 's distinguished from the Mystical as also the Catholick visible Church So that he doth not as some of late make the Catholick visible Church the first Subject of the Keys but each particular Society or Church supposing that great Body of Christians to be only and immediately under the Spiritual Government of Christ Jesus 2. Compleat and sufficient It is not to be understood of such a perfection as may not with much advantage receive help both from the Power of the Magistrate as I have shewed before as also from the Counsel and Advice of other Churches But I mean an essential Compleatness or Sufficiency not being deficient in any material requisite for Government This that learned Author expresseth in those last Words ' We use the Word Policy saith he rather than Government because Church-Policy containeth both Government and also whatever besides belongeth to the ordering of the Affairs of the Church of God Every particular Church saith Mr. Cartwright Against Whitgift lib 3 pag 147. having an Eldership is a Catholick Church of Christ under whom Pastors Doctors and Elders are the ministerial and immediate Governors In which Words he intimateth a Compleatness in each particular Church for Government and Privileges as much as if the Catholick visible Church were Organical and a governing Church ' The Power of Jurisdiction saith one Rutherf Due Right 〈◊〉 Presbyt pag. 307. is as perfect and compleat in one single Congregation as in a Provincial as in a National yea as in the Catholick visible Body ' All Things are yours saith Paul to a particular Church 2 Cor. 3. To this purpose Mr. Parker Parker's Polit. lib 3. cap. 13. Sicut non pars c. As a particular Church is not a maimed or half but a whole and perfect Body so it is possessed with the whole and entire Church-Government and not
bound so to do 2. Whether for his further help and assistance herein he may not make choice of grave learned and reverent men to assist him in the same Government 3 Whether by vertue of his Power these persons thus called to assist the Supreme Magistrate may not lawfully try the Gifts of Ministers within his Dominions convent them before them examine how they have behaved themselves in their places and punish the blame-worthy In a Petition also to King James for Tolleration That your Highness would afford us and assign to us some persons qualified with Wisdom Learning and Vertue to be under your Highness our Overseers for our more peaceable orderly and dutiful carriage of our selves both in our worshiping God and in all other our Affairs at your pleasure To whom with all Readiness and Subjection we are willing to be accomptable and answerable always The opinions of learned men about Church Matters Government especially were collected together in a Treatise which was put into Latin by Dr. Ames and in an Epistle of his prefixed avouched by him who was a man much studied in those Controversies to be the Judgment of Cartwright Fenner Fulk Whitaker Rainolds Perkins Brightman and those that were more Ancient As Wichliff Tyndal Regers Bradford Gilby Fox Moore Dearing Noel Greenham Dogmata ista c. These Tenents saith he were either their Principles or so conjunct with them as not to be denied theirs Christ Jesus saith the Author hath not subjected any Church or Congregation of his to any other Superior Ecclesiastical Jurisdiction than unto that which is within it self the Civil Magistrate alone upon Earth hath power to punish a whole Church or Congregation Cap. 2. §. 3 and more fully in §. 12 They hold and believe saith he that the Equality in Ecclesiastical Jurisdiction and Authority of Churches and Church Ministers is no more derogatory and repugnant to the State and Glory of a Monarch than the parity or equality of School-masters of several Schools or Masters of several Families Yea they hold the clean contrary that Inequality of Churches and Church Officers in Ecclesiastical Jurisdiction and Authority was that principally that advanced Antichrist unto his Throne and brought the Kings and Princes of the Earth unto such vassalage under him And that the Civil Authority and Glory of Secular Princes and States hath over decayed and withered the more that Ecclesiastical Officers of the Church have been advanced and set up in Authority beyond the limits and confines that Christ in his Word hath prescribed unto them And in Cap. 6. §. 6 They are said to deny a principal part of the Kings Supremacy that hold any Jurisdiction or Offices over Churches jure divine and not by the will and pleasure of the King and Civil States of the Realm And from what is said cap. 5. §. 12 It is evident that this way is as little prejudicial to the Subjects Liberty For it s expresly there said If any Member of a Congregation being under a crime shall of himself forsake Communion with the Church that then the Ecclesiastical Officers have no authority or jurisdiction over him but only the Civil Magistrate Parents or Masters c. So that as persons are free otherwise than from conscience of duty to joyn with these Assemblies so also to leave them remaining always under the Magistrates Ecclesiastical power and care I have made this Digression not only for the matters sake which is very sutable to our present Subject but also to vindicate the Congregational way 1. That it is not such a Novelty as is pretended This of the equality of Churches and thence and Independency from which we are reproachfully surnamed seems to be the worst of our Tenents Yet it appears to be no other but what the reverend and learned of a former age have asserted Nor do I know any other of their opinions or practices but may as easily be remonstrated to be the assertions of those holy men Nor secondly inconsistent with civil Magistracy or with their Power in Ecclesiastical Affairs And as a further Testimony hereof they take the Oaths both of Allegeance and Supremacy Professedly assent also to All the Articles of Religion which concern only the Confession of the true Christian Faith and the Doctrin of the Sacraments comprised in a Book entituled Articles whereupon it was agreed by the Arch-bishops and Bishops of both Provinces and the whole Clergy in the Convocation Anno 1562. for the avoiding of diversity of Opinions and for the establishing of consent touching true Religion as is required by Stat. 13 Eliz. cap. 12. And do humbly hope living peaceably under his Majesties Government they shall obtain their share in that Indulgence his Majesty graciously purposed to shew to such persons as through want of full satisfaction differ in smaller matters from the present Establishment 4 Instance A fourth Particular which ariseth from the former is this Families being not subordinate one to another they cannot associate or unite into any large or great Body and therefore do and may more conveniently retain their Government though it be peculiar and distinct in any Common-wealth of what form soever without prejudice to the Peace and Welfare of it So is it with Churches their State and Government as it is appointed by Christ is such as is consistent with and no prejudice unto any civil Powers under whom they are situated And that upon this account principally Having no Dependency in Respect of Power or Jurisdiction one on another they cannot in their own Sphere enlarge themselves by Subordinations to a political Body of any such Extension and Greatness as may render their Obedience or Compliance more doubtful or uncertain It is matter of Jealousie with Princes and States when there is in their Dominions a Body large and extensive firmly joyned and compact in it self of an interest peculiar and not holding of them Particular Churches are of a small compass sometimes comprehended in One ordinarily but of a few Families So that in this respect though their Interest and Government be peculiar they may retain it and for substance the same as Families do throughout the World Which will further appear in the following Considerations 1. It is granted on all hands That the Lord hath limited his Church to a Government which is perpetual and for substance to be the same in all places As also that the Nations from their Civil Government variously and as they judge most prudent 2. Since the Wall of partition by Christs Death was broken down The Gospel and Christian Churches were by Christs commission to be planted in all parts of the World It stands therefore with common reason that the Church Government Christ hath left us is of that Nature as without any substantial Alteration may comply with and not be prejudicial to any Civil Government 3. If particular Churches by Union become one body for extention as large as the Civil State There will hardly be a
both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ Râ—v 1.16 out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Dominium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists ' We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction over many Churches much more over whole Kingdoms and Provinces of Churches ' Dr. Bilson speaks much to this purpose ' Tho saith he Of Supremacy pag. 238. Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter Holy Common-wealth pag. 220. containeth all the People in a whole Nation or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. ' We see saith Sir Fr. Bacon Considerations about Church-Affairs in all Laws in the World Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power meddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern making the same Fault Treason in one Age that in the next not so much as Imprisonment 1 Eliz. cap 1. with 35 Hen 8. But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be the same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo Carbo de Leg. lib. 2. cap. 8. tum Ecclesiastica tum Civilis sit à Deo tamen non codem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1
Congregation say our Brethren Jus divinum Regim p. 230. hath equal Power one as much as another according to the trite and known Axiom Par in parem non habet imperium An Equal hath no Power over an Equal ' Ecclesiae institutae parochiales integrae sunt inter se collaterales potestate Ecclesiastica aequales saith Voetius Disp de Polit. Eccles p. 3. Which you may English out of the English Puritanism thus ' Particular Churches are in all Matters equal and are entrusted by Christ with the same Ecclesiastical Power and Authority Cap. 2. §. 3 ' Jewel Reynolds Whitaker and most of our Divines against the Papists are large in their Disputes for a parity of Churches and Mr. Parker hath written a whole Chapter de paritate Ecclesiarum De Polit lib â—… cap. 21. Some make a particular Church to be of larger Extension as a Diocess a Province c. but that altereth not the State of the Question A DIGRESSION 1. Of Independentism Name and Thing 2. It s consistency with the Kings Supremacy THis State of a particular Church namely their equality in respect of Jurisdiction or coercive Power one over another was wont to be expressed by INDEPENDENCY which though now it be a term of Reproach yet formerly made use of by good Authors as very fit and significant to set forth this Priviledge of each particular Church compleat and intire namely their not Dependency or Subjection to the Jurisdiction of another Church as their Head and Superior Dr. Jackson in his learned Treatise of the Church Cap. 15. Cap. 119. useth this term frequently Unity saith he in one place of Discipline or of INDEPENDENT Judicature is essential and necessary to the Church as visible Hence there be as many distinct visible Churches as there be INDEPENDENT Judicatures Ecclesiastick Dr. Sibbs thus Gospel-anointings pag. 94. Particular visible Churches are now God's Tabernacle The Church of the Jews was a National Church but now God hath erected particular Tabernacles Every particular Church under one Pastor is the Church of God a several Church INDEPENDENT The Church of England saith the same Author is called a particular Church from other Nations because it is under a Government Civil which is not dependent on any other Foreign Prince Each Church saith Voetius Desp Caâ—… â—ap lib. 3. §. 3 c. 4. as it hath its proper Form of an Ecclesiastical Body or Society so it s endued with its proper Government and Jurisdiction which it exerciseth DEPENDENTLY upon Christ his Word and Spirit but INDEPENDENTLY in respect of all other Churches Mr. Bates Treatise printed Anno 1613. One Company of Men assembled hath no Authority to impose things upon many Churches 1. None now have Apostolick Authority 2. Each Congregation is a Body INDEPENDENT of any Ecclesiastical Power There is no Ordinance of God for this saith Mr. Banes that Churches within a circuit should be tyed to a certain Head-Church for Government pag. 8. and pag. 13. We affirm that no such Head-Church was ordained either vertually or actually but that all Churches were single Congregations equal INDEPENDENT each of other in regard of Subjection Every true Church saith one A Collection of sundry matters Anno 1601. now is an INDEPENDENT Congregation and in another place The Congregational Body Politick spiritually INDEPENDENT is Christ's Divine Ordinance in the Gospel One ordinary Congregation of Christians is a spiritual Body Politick INDEPENDENT That is it hath the Right and Power of spiritual Administration and Government in it self and over it self by the common and free consent of the People INDEPENDENTLY and immediately under Christ Confession of Faith p. Anno 1601. This was the Opinion generally of N. Conformists as is observed by one of themselves in the Name of the rest as also by B. Downam Sermon at Lambeth p. 5. They that is the N. C. say that every Parish by Right hath sufficient Authority within it self immediately derived from Christ for the Government of it self in all Causes Ecclesiastical To the Parishional Presbytery consisting of their Parish-Bishop and his Elders they do ascribe that sufficient immediate and independent Authority for Ecclesiastical Government for every proper visible Church That Independency of Churches was asserted by those learned men of a former Age in relation only to a superior Church-power properly spiritual and such as is claimed jure divino and not in relation to that Ecclesiastical Power which is in or exercised from the Civil Magistrate Some of them have thus described a particular Church It 's a Body Politick spiritually independent or independent in relation to a spiritual Superiority which is expressed fully by him that wrote Church-Government with the Peoples consent pag. 115. Though we affirm the Church-Government is independent and immediately derived from Christ yet we affirm also that the Civil Magistrate is even therein that is in Ecclesiastical Matters Supreme Governor civilly And though nothing may be imposed on the Christian Churches against their Will by any spiritual Authority for so only we intend yet we affirm withall that the Civil Magistrate may impose on them spiritual Matters by Civil Power yea whether they like or dislike if it be good in his Eyes that is if he judge it within his Commission from God And such an Independency hath been pleaded for also and argued by them to be much more consistent with His Majesties Supremacy than a DEPENDENCY or Subordination of Churches to any spiritual Power And it was their professed Judgments That no External Power ought to be exercised in spiritual Matters any where within that space betwixt a particular Congregation instituted by Christ and the Catholick Visible Church by any person but the Civil Magistrate or by his Appointment Take their own Words They that make claim Jure Divino of Power and Jurisdiction to meddle with other Churches than that one Congregation of which they are Members do usurp upon the Supremacy of the Civil Magistrate who alone hath and ought to have a power of Jurisdiction over the several Congregations in his Dominions c. A Protestation of the King's Supremacy made and published in Anno 1605. §. 27 and in §. 28 The King himself is to be General Overseer of all the Churches within his Dominions and ought to employ under him fit persons to oversee the Churches in their several Divisions visiting them and punishing whatsoever is amiss in any of them Mr. Bradshew in the Vnreasonableness of Separation against Johnson writes thus It 's their principal Honour speaking of Archbishops and Bishops to be Commissioners and Visitors in Causes Ecclesiastical under the King over the Pastors and Churches of Provinces and Diocesses In his Answer to Johnson's first Reason And in his Answer to his second He questions him thus 1. Whether the Supreme Magistrate hath not Power to oversee and govern all the several Churches within his Dominion yea whether he be not
That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope Apol. Part 1. Cap. 1. 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canons published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow The Licence to the Convoc in Anno 1640. approve confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Synod and nominate each particular Person of what Quality and of what Number of His Natives as He shall please and give them like Authority in Ecclesiastical matters So was that Synod of the 32. appointed by Hen. 8. and afterwards by Edw. 6. to do the work of a Synod and present a Body of Ecclesiastical Canons for Confirmation by the Magistrate Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. 3. These Laws saith * De Ju. Ec. pag. 9. Cook are termed Regiae Leges Ecclesisiasticae and another such Ecclesiastical Laws as now are in force are called the King 's Ecclesiastical Laws for that now all Jurisdiction whether it be Temporal or Ecclesiastical is the Kings And if there be any thing difficult or doubtful in these Laws the Interpretation is ultimately to be given in the Civil Judicatures So Cook 's Instit pag. 4. cap. 74. To the King also is the last Appeal to be made and Delegates appointed by Him give final Determination in Controversies after adjudged by those Laws and Canons in any yea the highest of those Ecclesiastical Courts Vltima Appellatio sit ad Principem non extra Regnum saith Dr. Cosen and tells us it is a Jurisdiction Coronae Regiae de Jure debita * Dr. Ridley's view pag. 110. * 25 Hen. 8. c. 19. * 15 Hen. 8. c. 21. 4. The King's Majesty may dispense with any of those Canons or Ecclesiastical Laws indulge the Omission of what is enjoined by them make void the Crime and remove the Penalty incurred by breach of them yea and give Faculty to do or practise otherwise any Synodical Establishment or long usage to the contrary notwithstanding in what offends not the Holy Scripture and Laws of God 5. The King may exempt Persons and Societies from the Jurisdiction of the Ordinary or Bishop or any else who are to execute these Canons This my Lord Coke asserts De Jure Eccles and as a Prerogative annexed to the Crown He gives many Instances of such Dispensations in several Kings Reigns both ancient and of later times For doubtless what Power He grants and is exercised under Him may be re-assumed by Him And Priviledge even whole Parishes if he please from Episcopal or Synodical Jurisdiction and such Parishes are said to be Regiae Majestati immediate subditae Mocket de Ecclesiastica Ang. Pol. pag. 294. And many Parishes to this day stand thus exempted by the favour and grant of Princes formerly The Dutch and French Churches in several Parts of this Kingdom by Patent from Edw. 6. were exempted from the then Establishment and exercised a Discipline and Forms of Worship according to their own Perswasion our Synod and Ecclesiastical Courts having by vertue of this Exemption nothing to do with their Ministers or Churches which Priviledge hath been confirmed to them by our Kings that Reigned since and are enjoined to this day His Majesty that now is by His Prerogative in Ecclesiastical Matters notwithstanding the present Form of Worship and Ceremonies Graciously indulged Tender Consciences a
cognizance whereof is taken by a Synod at Edenhurgh Civil censures are for Satisfaction of the whole Nation and not the Parish or Borough only where the crime was committed but in a Church-censure the particular Assembly being only and no other Congregation or person morally leavened and charged with the offence are principally and in the first place concerned to have satisfaction of the repentance and submission of the person offending For by this means only their Lump or Church becomes again unleavened 4 Disparity 4. The other End before mentioned and Vse of Appeals is that our Judges and their Sentence be censured and judged by superior Tribunals To which proceeding the Judges in Civil Judicatures are liable but there is not the like Subordination in Churches for these Reasons Vnaequaque res per quascunque res nascitur per easdem dissolvitur 1. All the Power and Authority placed in their Inferior Courts is no other but the influx of the supream Civil Powers to whom we always make our last Appeal and therefore proper to them to suspend Actings nay utterly to destroy in part or in whole what Jurisdiction is derived from them as appears in the Constitution of all Kingdoms But it is not so here a particular Church The Court we are to Appeal from hath not its Being or Jurisdiction from a Classis or Synod * Ecclesia Parochialis est Ecclesia vera essentialiter integraliter absque ulla correspondentia vel Synodo Voet. de Syn. pag. 13. these rather derive their Power from it being Representatives only as our Brethren have formerly written Particular Churches they term Ecclesiae primae and Synods Ecclesiae ortae Again if Synods as they grant exercise over Churches a Power only cumulative not destructive How can they Excommunicate a Church seeing Excommunication renders a Society as Heathens and Publicans which is to unchurch them as Mr. Rutherford rightly affirms * Parker de Polit Eccles lib. 3. cap. 13. * It is an authoritative unchurching of an obstinate Church we plead for Ruth peaceable Plea cap. 15. p. 223 and p. 222. Excommunication is an authoritative unchurching 2. Although whole Churches may be punished for male Administration by the Civil Magistrate yet may not an Ecclesiastical Power meerly such do the like for to destroy or save whole Societies for the Evil of a major part or a few persons is the prerogative of the Lord himself which he communicates also in some cases to Civil Magistrates his Deputies but in no case to Churches it being an Authority high and Princely and not at all sutable to such as have only a Ministry and not a Dominion Bishop Davenant tells us Brotherly Communion c. 9. p. 102. That a Censure is not to be drawn on the whole Body of the Church for as the Laws forbid to Excommunicate a Society or Corporation because it may happen that those that are innocent may be intangled in the censure So Right and Religion forbids to exclude whole Churches from the Communion of the Faithful because this cannot be done without an injury and contempt to many that be innocent What ever formerly of this same unchurching power in Synods hath been asserted yet since upon further debate we are told this same Excommunicating of whole Churches is a thing not known in the Presbyterian Government and not the Churches but particular persons in the Churches are censured Assemb disputes pag. 180. But how can we say single persons only are to be censured and not the whole Church Whenas we know the contending parties of what condition soever are both equally liable to the Censure of the Judge Now when matters are brought by Appeal to a superior Court the Court Appealed from is a Party and in this respect upon no higher terms than the pars appellans though a single person But grant it be so and that the object of a Censure from a Synod be only particular members Then 1. Churches cannot have such a remedy as in Civil States for Appeals of this Nature are not to be made to any but persons invested with such a power as may suspend or make void in part or in whole the power of that Court by whom the wrong hath been done and Appealed from as hath been shewed Excommunicatio ejusque denunciatio post appellationem legitimam latam est nulla Nardus p. 53. col 2. 2. If there be no Power in a Synod of such a proportion superior to a Church as to censure it by Excommunication or Suspension at least Then will the Members of this Church by admitting such Appeals be necessarily under a twofold Jurisdiction not subordinate which tends to the greatest confusion imaginable For if the Synod and the Church in their Light and Apprehensions vary about the condition of an Offender one of them may in Conscience be bound to justify whom the other condemns 3. There is no supply of a supposed Defect or Addition of what was not before for if their superior powers Excommunicate particular Members only and not the whole Church This is nothing more than each particular Church hath power to do And it is as much an Ordinance of Christ where two or three that is a lesser number are gathered together as where a greater a Censure by the Church at Keneria is as much a Censure as if by Corinth If a Quarter Sessions Execute a man it s as much a Judicial deal as if judged by the Assize Kings-Bench or Parliament The reason is obvious it s the Law that judges him not this or that Judicature So it is the Law and appointment of Christ that Excommunicates not this or that Presbytery greater or less and this Law is the same to all We come now to the other part of the Argument drawn from the light of Nature If Appeals be not there will be a defect in Christ's Government Persons are left without remedy for wrongs done by whole Churches I answer with Suarez in the same case Argumentum est saith he De virtute Tom. 4. p. 99. ab specie ad genus negativum defensio est genus latius patet quam appellatio Potest enim ad superiorem recurrere per simplicem quaerelam vel per modum supplicationis c. quod est sufficens remedium diversum appellatione multo magis decens religiosum statum It is an Argument from the Species to the Genus there are other ways of defence We may have recourse to a Superior by simple Complaint or by way of Supplication which is a sufficient remedy and divers from an Appellation and much more becoming the state of Religion thus that Author More particularly we therefore Answer 1. There may be a sufficient defence or remedy though not by Appeals 2. There may be Appeals though not in such a way 1. For the first this Address or Recursus to others Superior or equal is not for the putting forth any Act of