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
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
Jurisdiction or Compulsion Such persons interpose by way of Intreaty Perswasion Pleading the Cause of the wronged Reproving Threatning or in such way as a single Pastor may deal with any of his people Thus Paul often in a difference between Philemon and Onesimus Philem. vers 10. I beseech thee for Onesimus Phil. 4.2,3 I beseech Evodias and Syntiche It was upon some breach in the Church 1 Cor. 1.10 Now I beseech you Brethren that there be no Division This interposition of the Apostle with the Corinths was upon the desire of the House of Cloe ver 11. There may also be more earnest Pleadings Reasonings Rebukes Hos 2.2 yea openly and before others The Apostles were equal in Authority yet Paul did not only Reason and Plead with Peter but Rebuke and Reprove him publickly and before others Gal. 2.11,14 And in his dealing with Barnabas Pauls spirit did rise higher and yet no Power or Jurisdiction exercised or might be by one Apostle over another Act. 15.39 If Synods be applyed unto only for Counsel and advice in differences and difficult cases it is a provision not to be despised Scripture-light in an instruction or reproof is cogent by what hand soever administred but more especially when in the way of an Ordinance or Appointment of Christ As are Pastors and Synods though intrusted with a Declarative Authority only Let it be consider'd how the greatest reformation made in the Hâ—…s and Lives of men and women is ordinarily by the applicatiâ—…â—f the Word of God in the Ordinance of Preaching which is the instruction Reproofs c. of a single Minister who hath not power to Excommunicate such as despise his Doctrine Faith comes by Hearing not by Discipline Until they be judged believers they are without 1 Cor. 5. If this means or such a Doctrinal Application by a single Minister be sufficient to make such Reformation upon single persons and those that as yet own not Christ or have Conscience of an Ordinance why should we not expect the like fruit where many Ministers are Synodically gathered for the Reformation of whole Churches persons professing to understand and reverence so solemn an Ordinance of Christ though there be no coercive Power intrusted with it to enforce Submission 2. There may be Appeals though not in the same Series but to a Tribunal extrinsecal and not meerly Spiritual as when we appeal to the Civil Magistrate or such as are appointed by him over Ecclesiastical matters For 1. if the King in his Laws and the Church in their Synodical Canons command and forbid one and the same things as is asserted And 2. if the persons commanded stand as much in a Civil Relation to their Prince being Subjects as they do in a spiritual Relation to the Church as Members Doubtless the Christian Magistrate having a Supremacy in Ecclesiastical matters as in Civil and especially being assisted by the Councel and Advice of Synods is a sufficient and â—…ectual means to reform the miscarriages of particular Churches if appealed unto Receptum est in Gallia ab Ecclesiasticis posse provocari ad ad carias supremas Parliamentorum P. Gr. Tholos l. 50. c. 2. §. 36 Ruther Due Right cap. 6. §. 5 pag. 396. The truth is though Churches were threatned or struck with the highest censures being meerly Spiritual and from a National Synod the highest Throne Were it not from foresight that if such Discipline be despised the Magistrates Sword by some Corporal punishment will second it there would be little fear or dread of those Synodical censures And if so as it is apparent to the most in a National or Provincial Church as ordinarily constistituted it is no otherwise Common Reason will direct us rather to go immediatly by Appeals to the Civil Magistrate or his Delegates than in such a compass as to drive the cause from a Consistory to a Classis from thence to a Provincial Synod and after that to a National Assembly and when all this is done there is little to any purpose done if not seconded by a secular arm Hence our learned Brethren formerly admitted no other Appeals of this nature but to the Civil Magistrate as we have fully shewed in the former Digression To which we add what is by that Author further said Cap. 2. If the Brethren or Officers in a Church be perverse and will not hearken to Reason they that are wronged are to crave the assistance of the Civil Magistrate who alone hath Power and who ought by the Civil Sword and Authority procure to all Members of the Church Governors or others freedom from all manifest injuries and wrongs The manner how the Civil Magistrate is to proceed in Church-causes is there also described to us in the words following Though the Civil Magistrate cannot absolve the Excommunicate person c. or take away this power from the Church yet when they or any of them shall apparently abuse the same he is bound by the Law of God and by virtue of his Office grounded upon the same to punish them severely for it and to force them by Civil Mulcts to rectify c. THus I have done with that first Consideration upon the account whereof the Vsefulness and Necessity of the Civil Magistrates Ecclesiastical power is affirmed Which is in respect to the well-being of Churches There is another consideration remaining now likewise to be prosecuted shewing the like necessity of this Power in respect and relation to the well-being of the Commonwealth The Knowledge and true Worship of God and the means hereof the word of God is a national gift He hath given his Law to Jacob he hath not dealt so with other Nations Psal 147. It was true then for Israel had this priviledge as a peculiar but now it is otherwise And where the Lord is so bountiful to a Nation thus to give the means of Life and Salvation it is a Depositum Governors must account for The whole Nation becomes peaceable prosperous or otherwise according as the matters of God and his Worship are more or less Religiously attended by the Governors and People thereof This Consideration is urged by Bishop Davenant to this purpose Daven de judu cont ca. 36. p. 91. Regis potestas judiciaria se extendit ad ea omnia sancienda quae rem publicam florentem conservant atque ad ea tollenda c. The Kings Legislative power extends to the establishming of whatsoever may preserve a Commonwealth in a flourishing State and the taking away of all such things as may prejudice or ruine it But the Religious Worship of God is granted of all even of the very Heathens as of concernment to the well-being of the Republick and the neglect of it to the eversion of it The careful and orderly management of Religious affairs being a special means and way to make the Republick prosperous the care whereof lieth upon the Magistrate It is necessary that he both judge of and
the Pope but a Power or Prerogative justly and rightfully belonging to him claimed and exercised by his Predecessors some hundreds of Years before his Time being anciently annexed to the Crown 2. In the latter part of the Article it is also evident For tho a Power in spiritual Causes be given to a Secular Prince yet it is not a spiritual Power and such a Jurisdiction as the Pope claims but such a Power only and in such a way as is put forth and exercised in ordinary Civil Affairs and the same in respect both to Ecclesiastical and Temporal Persons namely a restraining with the Civil Sword the Stubborn and Evil-doers So to restrain or coerce is an Authority or Jurisdiction peculiar to Civil Magistrates and by Christ himself denied to the highest Ecclesiastical Powers Ye know saith Christ Mat. 20,25,26 the Princes of the Gentiles exercise Dominion over them and they that are great exercise Authority upon them but it shall not be so among you you Apostles and threatens the Use of the Sword in such Persons Mat. 26.52 King James speaking of the Oath of Supremacy ' In that Oath saith he is contained only the King 's absolute Power over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions ' In his Apol. pag. 76. And more fully afterwards pag. 164. ' It implies saith he a Power to command Obedience to be given to the Word of God by reforming Religion according to his prescribed Will by assisting the spiritual Power by his temporal Sword by Reformation of Corruption by procuring due Obedience to the Church by judging and cutting off all frivolous Questions and Schisms as Constantine did and finally by making a Decorum to be observed in all indifferent Things for that purpose which is the only Intent of our Oath of Supremacy ' My Lord Coke out of 1º Eliz. and in the Words of the Statute gives this Interpretation ' There is saith he no Jurisdiction by this Act affixed to the Crown but was of Right or ought to be by the ancient Laws of this Realm parcel of his Jurisdiction and which lawfully had been or might be exercised within the Realm The End of which Jurisdiction and of all the Proceedings thereupon is that all Things might be in Causes Ecclesiastical to the pleasure of Almighty God Increase of Vertue and the Conservation of the Peace and Unity of the Realm as by divers places of the Act appears And therefore by that Act no pretended Jurisdiction exercised within this Realm being ungodly or repugnant to the ancient Law of the Crown was or could be restored to the Crown according to the ancient Right and Law of the same ' Coke de Jure Ecclesiastico fol. 8. Bishop Bilson a great Searcher into the Doctrine of the Supremacy of Kings gives this as the Sence of the Oath ' The Oath saith he expresseth not Kings Duty to God but ours to them As they must be obeyed when they join with Truth so must they be endured when they fall into Error Which Side soever they take either Obedience to their Wills or Submission to their Swords is their due by God's Law and that is all which our Oath exacteth ' And in a few Lines following he interprets what is meant by Supremacy ' We do not saith he give Princes Power to do what they list in the Matters appertaining to God and his Service Indeed we say the Pope may not depose them nor pull the Crown off their Heads In this only Sence we defend them to be Supreme that is not at liberty to do what they list without regard of Truth or Right but without Superior on Earth ' Dr. Morton against the Pope's Supremacy out of an Epistle of Leo to the Emperor speaking thus You must not be ignorant that your Princely Power is given unto you not only in worldly Regiment but also spiritual for the Preservation of the Church ' As if he had said not only in Cases Temporal but also in Spiritual so far as it belongeth to the outward Preservation not to the personal Administration of them And this is the Substance of our English Oath and further neither do our Kings of England challenge nor Subjects condescend unto ' pag. 26. Mr. Mason in his Vindiciae Ecclesiae Angliae Lib. 3. c. 5. speaking of Calvin's being offended verum si intellexisset nihil aliud sibi voluisse hunc Titulum c. ' Calvin would never have disallowed this Oath if he had understood by the Title of supream Governour in Ecclesiastical Things that nothing else had been claimed but an exclusion of Popish Tyranny and a lawful Power in the King over his Subjects which stands not in coyning new Articles of Faith or Forms of Religion such as were Jeroboam's Calves but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author In this sence and no other that ever we have heard of is the Title of Supream Governour given to and accepted by the King ' §. 5 This Oath hath matters contained in it as you may perceive that are not of one nature and kind the Assent and Stipulation required of us in respect to the several parts of it is likewise various and different As our Creed according to the different nature of the Articles is believed by the different Acts of Faith To what is contained in the former part of the Oath in these Words I do utterly testify and declare in my Conscience that the King's Highness is the only Supream Governour of this Realm c. Herein is required a true real and cordial Assent to and Profession of what is mentioned as also to give this Testimony with such Sincerity of Heart as in the Presence of God To swear positively to any dogmatical Assertion is not required it would be taking the Name of God in vain for if it be a certain and undoubted Truth in it self and to others as are Principles in Reason and Articles of Faith an Oath is vain for it ends no Strife Heb. 9. 2. If doubtful and a question whether true or not though such an Oath puts it out of question that I believe so yet not that it is a Truth My Belief though ever so much evidenced and confirmed doth not make a doubtful matter it self more credible nor is one Man's believing an Assertion any just ground for another Man to believe the same such an Oath is therefore in vain it 's not a fit medium to end such a Controversy 2. It is further said I do utterly renounce and forsake all Forreign Iurisdictions c. This requires not only the Sincerity of my Perswasion and Profession against the Title and Claim of all foraign Powers but upon Oath to forsake that is to abjure we abjure when we swear to quit and forsake To forsake a Power or Jurisdiction is to refuse and not to receive submit or
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
Pet. 2. Church-Power and Government being spiritual hath all particulars for substance both in respect of Persons and Administrations for matter and manner appointed by Jesus Christ and in all Nations to be the same Civil Power even in Ecclesiastical Matters in many things for substance is left to the Prudence of the State in which it is exercised and in the Forms of it various according to the manner of the Nation As for Instance Inspection into Religious Assemblies visiting and observing their Demeanour receiving Complaints by reason of Wrongs Disorders c. These things may be done by the Civil Magistrate in his own Person or by Persons authorized from him these Persons may be many or but one in a Division these Divisions of larger or less Compass And for the manner of Procedure it 's various as Ecclesiastical Courts differ in their manner of Process from Civil or of a Method or Way of handling Causes different from each be established by Law it is equally warrantable There are particular Directions left by Christ according to which the Officers and Persons more especially entrusted with this Power are designed to and invested in their Places and Charge as Election Ordination c. with Fasting and Prayer The other Powers are setled upon and claimed in such ways as the respective Law of Nations design as by Birth Lot Victory Donation or the like as well as Election insomuch as a Woman or Child may have a rightful Claim to this Supreme Trust and the Management of it by themselves or others as shall be appointed CHAP. IV. §. 1 Of the Necessity and Vsefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches §. 2 This Power is placed in Kings and such as are the Supreme Governors in a Common-Wealth §1 FOr the second we shall shew how necessary and useful Civil Power is even in Ecclesiastical or Spiritual Matters notwithstanding the other It is not to be denied that Souls were converted and Churches established and kept up when there was no Assistance but rather Opposition from the Princes of the Earth as in the Apostolick and Primitive Times The Benefit we have now by Christian Mgistrates was then more abundantly supplied the Infancy of Christianity requiring more by the Miracles wrought and the constant Direction and Care of Apostolick and extraordinary Persons who were gifted by Christ for that purpose All the ordinary Helps that now we have by external and more sensual or carnal Means contributing any thing to these great Works is only a pious and Christian Magistracy where a Nation is blessed with it The Benefit hereof is much in a spiritual respect both to the World as likewise to the Church 1. It is tho remote a great Help to bring Men out of their natural Condition unto Life and Salvation We are exhorted to pray for Kings and such as are in Authority 1 Tim. 2. The reason v. 4. For God will have all Men to be saved and to come to the knowledg of the Truth As the Knowledg of the Truth is a means to bring a Soul into a saving State so is the Magistrate being enlightned himself a great Means to bring us to the knowledg of the Truth Those Men were in a great Distance from God in a Rage against Christ and Religion Psal 2.1 they did combine against the strict Ways of the Gospel these poor Heathens being notwithstanding given to Christ by Election v. 8. David useth a twofold Method for reducing them The first is a representing their wretched and miserable Condition while in this State of Enmity ver 9. Then 2. deals with their Princes and Rulers to be forthwith instructed and serve the Lord i.e. as Kings and Magistrates in their publick Capacity But must not the People be instructed also Such Magistrates will speedily provide and take care for their People that they may be brought to the knowledg of the Truth and therefore it needs not to be mentioned The Magistratical Power conduceth to this Work divers ways 1. By setting up and protecting a Gospel-Ministry He only can subserve Providence by sending or giving way to others to send forth fit Persons and enforce a Maintenance for their Encouragement in this Worâ—… By such a Woâ—d of Providence it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we come to hear and by hearing we believe Rom. 10.17 He can urge his People to come to the Means and outwardly conform to the same and so bring them to the Knowledg of the Truth the very Knowledg whereof tho not saving is a means at least to restrain our inbred Corruption and to work preparatively to Conversion bringing Men into a Condition not far from the Kingdom of Heaven as Christ speaks 2 Pet. 2.20 2. The Civil Magistrate hath Power to punish and reward and so to work upon the Passions of Fear Desire Hope c. Man even in his Natural Estate hath free Will in Moral Actions if it be excited and drawn forth The Passions are so seated betwixt the Will and Senses that outward and sensual Objects work effectually upon it the Motions of the Will in this our State of Corruption depending more upon the visions of what is sensual than what is a rational Good or Evil. The most commanding and stirring Passion and with most â—…fe and vigour in a natural Man is Self or Self-Love it is the first Principle usually that God excites in us towards Conversion as in the Parable of the Prodigal and divers other Scriptures Sickness Poverty and the like Occurrence of Providences Punishments for Sin being sanctified by the Lord work much upon us so Miseries inflicted upon the more obstinate from Magistrates in Justice for evil-doing have the same Operation and by reason hereof gross Corruptions are kept in and restrained whereby the Habits of Sin decrease and become less rank in the Soul Hominem etsi timore poenae fugiat peccatum paulatim affectum animum ad illud amittere è contrario concipere odium â—…tus ideoque etiam vitare peccatum Aâ—iag de Leg. Disp 13. §. 9 It is a hedging our Way with Thorns as the Prophet speaks Hos 2.6 A great part of the World lies without the Pale of the Church and the severity of its Judicature reacheth them not This Power is exercised only on church-Church-Members 1 Cor. 5.12,13 we have nothing to do to judg them that are without tho they be Fornicators or Covetous or Idolaters or Drunkards or Extortioners Churches in respect of Censures and Punishment leave them to God by the Magistrate or the like Providential way to judg them vers 13. 3. Impedimenta removendo he removes corrupt Teachers that slay Mens Souls by crying Peace prophesying of Wine c. Mich. 2.11 indulging Sinners in their Security and such as by Errors and false Doctrine poyson Mens Souls to their eternal perdition by restaining Stage-Plays not permitting Brothel-Houses and the like Fomenters of Sin Now
there is no means or provision so certain and generally effectual to send out Preachers to urge and constrain Men to hear and for all these purposes as this when the Magistrate according to his Trust and Duty puts forth his Authority in these Matters or that will so universally as an external means stir that Principle of Self-love in all Men to the seeking after what is good and the shunning of what is evil A Coercive Power of this Nature is placed in no other hand but his Ministers may preach and persuade but must be no Strikers 1 Tim. 3.3 Mat. 20. may not externally afflict and constrain Peter may not use his Sword in Christ's Quarrel God only and the Civil Magistrate further our Happiness by making us miserable Paul who had as much Power as any Man of that Order yet his Weapons were only spiritual and tho an Apostle yet could not do so much as the meanest Civil Magistrate in such a Coercive way for their Weapons will whether Men incline or not have an operation and constant effect less or more to whomsoever applied This Power therefore of the Civil Magistrate cannot well be wanted or if it be there is no ordinary means to be had for a supply in the room of it When there was no King in Israel every Man did what was right in his own Eyes Judg. 17.6 followed the Ways his Lusts led him to Suppose there be good Counsel and Instruction yet to many Persons it signifieth little for some Men are not corrigible by Words Prov. 29.19 The Foolishness that is bound up in our Hearts must by Correction be driven far from us Prov. 22.15 4. I shall conclude adding in the last place the Praise of Well-doing Rom. 13. The Countenance and Encouragement of the Magistrate to those that preach and those that obey the Gospel of our Lord Jesus Christ renders it even to a carnal Heart desirable The Lord gives this honour to a poor Servant faithful in his place that he adorns the Gospel Tit. 2.10 and renders it more acceptable and effectual So likewise the Conversation of a Wife that those who obey not the Word are without the Word won by such a Conversation 1 Pet. 3.1 that is won to the Love of the Word and the liking of those Ways that are according to the Word Much greater is that Honour and Ornament which comes to the Gospel when the Magistrate not only by his Conversation and personal Example but by his Laws and Authority sets himself to encourage all he can the Preachers and Professors thereof bearing them up against Despisers and Scoffers To the Church 2. In respect to the Church and such as are effectually call'd out of the World God hath promised and in the Scripture much comforted his People in this that they shall have great benefit by the Civil Magistrates that are over them as Isa 32.2 chap. 49.23 chap. 60.16 These Promises relate to Gospel-times And those Places Numb 27.16 and 1 Tim. 2. are equivalent to Promises a Prayer is as it were a Promise reversed what is spoken by the Lord in a Promise being returned is the strength and confidence of a Prayer Encouragements also to obey Precepts imply Promises so that of Rom. 13. and 1 Pet. 2. our Subjection is required upon this consideration that Kings are for the praise of them that do well Rom. 13. ordained of God to thee to the Church and to every Saint for good The Lord in this doth not only promise but as it were undertake for the Magistrate that he shall be such an one as those that are pious and righteous those that do well need not dread or fear to be under him A good Magistrate is a Blessing and matter of joy and rejoycing to the People of God Prov. 29.2 Eccles 10.17 a great Fruit and Evidence of his Love to them 1 King 10.9 and 2 Chron. 2.11 Because the Lord hath loved his People he hath made thee King over them it is so spoken of Solomon The Benefit and Good to the Churches and Saints from the Civil Magistrate may more particularly be judged of in these Considerations 1. Kings and Princes are an Ordinance of God or Medium by which in a more special and peculiar way he communicates his Power Wisdom and Justice for the governing of all Societies of Men. 1 Kings 3.28 All Israel feared the King for they saw that the Wisdom of God was in him to do Judgment So the Power and Justice and the like Attributes of God become visible in this Ordinance of God See Eccles 8.2 Numb 27.20 Prov. 16.10 and 21.1 It is brought as an Argument to Magistrates against Partiality and Bribery 2 Chron. 19.7 There is no Iniquity with the Lord our God nor respects of Persone nor taking of Gifts What is or is not in God should be or not be found in him that is a Magistrate They are therefore termed Gods because a visible Representation of God's Attributes is or ought to be in their Governing And as Christ is said to be present with those Officers in the Church which he hath appointed because there is a special Virtue and Efficacy of Christ manifest in their Ministry So in this great Ordinance of a Magistrate there is said to be a special Presence of God with him 2 Chron. 19.6 From the like Manifestation of God in his Wisdom Power Goodness c. for the Welfare of Societies There is such a Harmony and Neighbourhood between the outward and inward Man that what works upon the one affects the other When therefore the Ministry by Christ's presence works upon a Man's Soul the Man is of a better Behaviour outwardly and to Civil Relations So also being brought into to outward Subjection and Conformity by Magistracy the Mind and spiritual part is much the more fitted for Christian Communion Moral Vertues yea Civilities are much pressed upon Church-Members every where in the Epistlâ—… as to be kind courteous humble submiss self-denying Rom. 16. Pâ—… â—pends a whole Chapter in Greetings and Salutes Men and Women that are morose selfish stiff opinionative ill-bred such for the most part are burthensom in all and as much in these spiritual Societies as in any other 2. For Protection Church-Power neither judgeth or restraineth them that are without it is no Fence nor Security against the World The only Hedg about this Vineyard under God is the Sword of the Civil Magistrate â—…nts and Churches being called and separated out of the â—…ld are hated by the World and such a Seed of Enmity in them against the Members of Christ as if there were no higher Power to restrain being the far greater number they would utterly root us out The Church for Weakness and Helplesness is resembled by a Nurse-Child or Infant which needs the Care of those who have more Strength Isa 9.16 This religious Care and Tenderness is or ought to be in the Magistrate who is
termed a Nurse The Prophet in this Promise hath an Eye to Gospel-Times and Churches called together amongst the Gentiles In an Age when there would be no Prophets or Apostles or Signs or Wonders or mighty Deeds 2 Cor. 12.12 wrought in the behalf of the Church as was in the Jewish Oeconomy and first Age of Christians It 's promised that Kings and Princes either by a common or saving Change shall become nursing Fathers nourishing and protecting Christ's feeble Orphant the Church 1 Sam. 10.6,9 1 Kings 4.29 And where the Magistrate is such we ought to pray that all may be such we have the Liberty under them notwithstanding the World's Enmity to lead a quiet and peaceable Life and this not only in Honesty but in all Godliness 1 Kings 4 2â— 3. The Judgments of God Sword of the Magistrate and the like external Administrations are helpful to the best of Men who are liable while a Body of Sin to as foul external Acts of Sin as the worst of Men. The spiritual part in us by these means helps it self much in an hour of Temptation especially against the Flesh over-ballancing the Pleasures of Sin from rhat Shame and Grief Sin brings with it so that Self-love or a higher Principle is hereby strengthened to avert us Servile Fear evil only in defect is good and useful to the best of us while in a mixed Condition and not perfect in our Love to God Joh was eminently godly and righteous yet in both much furthered from the Consideration of Wrath and Judgment If I have seen saith he Job 31.19,21 with 23. any perish for want of Cloathing If I have lift up my Hand against the Fatherless c. ver 23. For Destruction from God was a Terror to me The Magistrates Ecclesiastical Power had the like effect to restrain Impiety in him as vers 26 27 28. If I behold the Sun and my Heart hath been secretly enticed or my Mouth haue kissed my Hand this were an Iniquity to be punished by the Judg The Apostle Paul though constrained by Love vers 14. Such was his Affection to Christ yet moved also to Duty from the Consideration of Judgment and Terror 2 Cor. 10.11 If it be thus with the best of the Saints much more will Churches stand in need of such an external Help against Corruptions There being not only a mixture of Flesh and Spirit in those that are Members indeed but a mixture with them of Hypocrites and such as are Members only in shew We find in the Churches planted by the Apostles a use not only of Spiritual Censures 1 Cor. 5. but also outward and bodily Afflictions Sickness Weakness c. 1 Cor. 11. for Church-Miscarriages and it 's said to be for the Salvation of their Souls Chap. 5. ver 5. with Chap. 11. ver 32. So that Severity of the Lord on Ananias and Saphira was for a Church-Fault and it 's said Vers 11. Great Fear came upon all the Church It was an eminent Church before whom Paul shakes the Magistrate's Sword and tells them if they do that which is evil they have cause to be afraid for he beareth not the Sword in vain Rom 13. Afflictions that are from a more immediate Hand of God either in an ordinary or an extraordinary way those also that the Lord chastiseth us with by the Hand of the Magistrate I difference not each being to the same purpose and as an external Discipline For where there are no Magistrates or negligent ones God in a providential way and more immediately judgeth and afflicts Evil-doers even as where Church-Discipline is wanting or neglected God himself excommunicates as it were and gives Men up to Terror and Anguish of Soul for their evil Deeds If we should draw in here Instances from the Jewish Church and how the Lord disciplined them by the Civil Magistrate and afflicting the outward Man there can be nothing more evident than this an undoubted Usefulness of such Dispensations even to the Churches of Christ And although it should not be a good reasoning to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars 2 Chron. 3 14. many of them being Prophets as well as Princes yet the Benefit and Usefulness of such Power may be the same unto us as unto them both in respect of Terror to Evil-Doers and Praise to them that do well Though an Argument from Circumcision applied to Infants will not weigh with some because they deny Baptism to be a Sacrament of that Nature Yet this cannot be denied by them that if an Infant be capable of Benefit by an Ordinance it understands not Infants may as lawfully in that respect be baptised while Infants as they were then circumcised The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government will argue at least that there is a Capacity in Men now to receive Benefit and Good thereby even in spiritual Matters as they did then which is all that is aimed at 4. As it is the Duty of each Person so of Churches to walk wisely towards them that are without that their Order may be looked upon not only with Rejoycing by Neighbour-Churches but such as may appear amiable and comely in the Eyes of all Men. Col 2. There are many things common to all Societies which Nature and civil Customs instruct us in and are especially to be heeded by Churches For as the things Moral and Lovely in the Eyes of Men being neglected by Professors the Gospel will suffer so much more if by Churches The outward Beauty of these Christian Assemblies consists very much in what is requisite and comely in all human Societies as Unity Love Peace brotherly Forbearance c. Let all things saith the Apostle Phil. 2. be done without murmuring or disputing Paul charged the Church of Corinth with this that there were Debates Envyings Wrath Strifes Back-bitings Whisperings Swellings Tumults and the like amongst them 1 Cor. 12.20 There may be Wrongs and Oppressions in Churches as in other Assemblies Innocent Persons impeached and censured as Schismatiks Seditious and Disturbers of the Peace and no Remedy but from the Civil Magistrate Paul appeals from the Church to Caesar a Secular Prince expecting from him though a Heathen more Justice then from his Brethren being Parties and in their own Cause For where Parties are Judges the Sentence is passed before the Cause is heard As a Church may be offended so they may and oft-times do give Offence as well as single Persons 1 Cor. 10 32. It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whether single Persons or Assemblies And the Truth is if such Assemblies that is Churches be not under the Magistrates Jurisdiction they are under none and will be at a loss in respect of all those Advantages before mentioned The Vsefulness of this Power being declared so
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