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 a Chron. 8 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 whille 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 Benent 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 Col 2. 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. 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 2 Cor. 12.20 and the like amongst them 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 1 Cor. 10 32. and oft-times do give Offence as well as single Persons It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whither 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 fully it will not be difficult to evince the Necessity if it that is to the well-being of Churches For whatsoever thing is useful in Spiritual 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 without his Dominion For the further Explication and Confirming of what is asserted I shall lay down some Considerations and then answer Objections Purposely enlarging upon this Argument as tending much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these Consid 1 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 Prov. 29.19 it is a Correction which is compulsive a Servant will not be corrected with Words 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 Mr. B. in his first Dispute p. 6. but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment 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 Consid 2 2. There are two great and Catholick Bodies or Kingdoms immediately and invifibly 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
otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at last will be brought to a Tribunal that is Infallible Licitumest saith P. de Aragon in re grave cuique causam suam defferre ad sedem Apostolicam Aragon in 2.2 q. 69. a. 3. D. Th. quando vel ex imperitia vel ex Passione inferiorum judicum qui homines sunt ac decipi possunt injuriam patitur The Pope cannot be deceived he is more than a Man 2. Matters of Fact by reason of Appeals come to be sentenced at a great distance from the place where the Crime and Offence lieth which in Worldly Concernments may with more Righteousness be done than in what is Spiritual and of Church Cognizance 1. Transgressions come under a Civil Judgment as materially considered and according to the gross Act but brought to the Church not as Sins simple but as Scandals and Offences which is a Consideration not so obvious but requires good judgment in the Witnesses as well as in the Judges The Obstinacy also or Penitency of the Person offending accordingly as Testimony shall be given of either is a more difficult matter to make out than either the Sin it self or the Scandal Repentance Godly Sorrow or the contrary is the principal thing to be regarded in Church-process Repentance I say in truth and sincerity so far as we can judge in a seeing and not blind charity It is not only the Passion Sorrow or Shame but Godly Sorrow which is more spiritual and deeper in the heart and requireth much and particular knowledge of the Person and his temper and such as cannot be attained at a distance but by frequent and familiar Converse To sit in the Stool of Repentance stand in a White Sheet or do Penance as it 's termed these are as the fruits of the flesh manifest and judged of at the greatest distance it 's not so deep Prov. 20.5 as we need much understanding to draw it out 2. The Censure whether binding or loosing is to be executed always by the particular Church where the Offender is a Member those persons above all others are to have a particular knowledge of his Crime and true Repentance they are to forgive and confirm their love 2 Cor. 2.7 Mat. 18.15 17 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. The Execution of the Censure being by each Brother of that Church it is necessary the Examination of the matter be before them Spiritual Duties are not to be performed upon an implicit Faith What knowledge but by remote heresay can a Church in the Orchades have of a mans repentance or obstinacy the ultimate tryal and 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 Disparity 4 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 Vnaequaque res per quascunque res nascitur per easdem dissolvitur the Judges in Civil Judicatures are liable but there is not the like Subordination in Churches for these Reasons 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. 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 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 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 That a Censure is not to be drawn on the whole Body of the Church Brotherly Communion c. 9. p. 102. 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 Excommunieating 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 Excommunicatio ejusque denunciatio post appellationem legitimam latam est nulla Nardus p. 53. col 2. 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 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 De virtute Tom. 4. p. 99. Argumentum est saith he ab specie ad genus negativum defensio est genus latius patet quam appellatio Potest enim ad superiorem recurrere per simplicene 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 Threathing 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 Hos 2.2 Reasonings Rebukes yea openly and before others Gal. 2.11 14. 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 And in his dealing with Barnabas Act. 15.39 Pauls spirit did rise higher and yet no Power or Jurisdiction exercised or might be by one Apostle over another 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 Hearts and Lives of men and women is ordinarily by the application of 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 1 Cor. 5. not by Discipline Until they be judged believers they are without 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. Receptum est in Gallia ab Ecclesiasticis posse provocari ad ad curias supremas Parliamentorum P. Gr. Tholos l. 50. c. 2. §. 36. Ruther Due Right cap. 6. §. 5. pag. 396. 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 effectual means to reform the miscarriages of particular Churches if appealed unto 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
immediately the Object of this Supreme Power and the Laws made by it upon another Consideration than as Bishops c. namely as being born within these her Majesty's Realms and Dominions and such Persons of what Estate either Ecclesiastical or Temporal soever they be She hath the Sovereignty and Rule over them Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables and hath to do with Matters and Causes as well as Persons that are spiritual as hereafter we shall shew but 2. Principally that a Calling or Employment in Church-Affairs whatsoever hath been formerly judged and practised doth no more exempt a Person and his Actings that is a Subject to the Queen upon any other account from her Secular Power than doth a Temporal Calling or Employment in any worldly Affairs There is something of Explication further in the Articles of Religion concluded in the Year 1562. The 37th Article is this The 37th Article professed in the Church of England The Queen's Majesty hath the chief Power in her Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction Where we attribute to the Queen's Majesty the chief Government by which Titles we understand the Minds of some slanderous Folks to be offended we give not to our Prince the ministring either of God's Word or of the Sacraments The which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn and Evil-doers The Bishop of Rome hath no Jurisdiction in this Realm of England It is mentioned in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the Eighth c. Which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but Secular Popes This Objection was strengthned by the Subtilty of Gardiner abroad Whom Calvin terms Impostor ille in Am. 7.13 and at home by a Sermon preached at Paul's-Cross in the Year 1588 by Dr. Bancroft who calls Queen Elizabeth a petty Pope and tells us her Ecclesiastical Authority is the same which the Pope had formerly This 37th Article removes the Scruple sufficiently 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures c. And for what Power Henry the Eighth challenged it was no new Jurisdiction wrested from the Pope but a Power or Prerogative justly and rightfully belonging to him 26 Henry 8. cap. 1. 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 Mat. 20 25 26. Ye know saith Christ 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
over many Churches much more over whole Kingdoms and Provinces of Churches Dr. Bilson speaks much to this purpose Of Supremacy pag. 238. Tho saith he 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 containeth all the People in a whole Nation Holy Common-wealth pag. 220. 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 in all Laws in the World Considerations about Church-Affairs 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 moddles 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 1 Eliz. cap 1. with 35 Hen 8. making the same Fault Treason in one Age that in the next not so much as Imprisonment 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 she same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo tum Ecclesiastica tum Civilis Carbo de Leg. iib. 2. cap. 8. sit à Deo tamen non eodem 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 miscrable 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 Work By such a Word 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 Hominem etsi timore poenae fugiat peccatum paulatian affectum animum ad illud amittere è contrario concipere odium illius idecque etiam vitare â—ccatum Ariag de Leg. Disp 13. § 9. Hos 2.6 than what is a rational Good or Evil. The most commanding and stirring Passion and with most life 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 It is a hedging our Way with Thorns as the Prophet speaks 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 we have nothing to do to judg them that are without 1 Cor. 5.12 13. 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 Mich. 2.11 by crying Peace prophesying of Wine c. 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 1 Tim. 3.3 Mat. 20. but must be no Strikers 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 Judg. 17.6 When there was no King in Israel every Man did what was right in his own Eyes 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 Rom. 13. the Praise of Well-doing 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 Conversaetion of a Wife that those who obey not the Word 1 Pet. 3.1 are without the Word won by such a Conversation 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 2. In respect to the Church 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 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 Epistles as to be kind courteous Rom. 16. humble submiss self-denying Paul spends 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 Saints and Churches being called and separated out of the World 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 This religious Care and Tenderness is Isa 9.16 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 wrought in the behalf of the Church 2 Cor. 10.12 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 1 Sam. 10.6 9. 1 Kings 4.29 nourishing and protecting Christ's feeble Orphant the Church 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 1 Kings 4.29 and this not only in Honesty but in all Godliness 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 that 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 Job 31.19 21 with 23. If I have seen saith he 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 beheld the Sun and my Heart hath been secretly enticed or my Mouth hath 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. for Church-Miscarriages and it 's said to be for the Salvation of their Souls 1 Cor. 11. 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 Rom. 13. 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 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
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 o 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 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 Rogers 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 ever 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 divino 〈…〉 will and pleasure of the King and Civil States of the 〈◊〉 And from what is said cap. 5. § 12. It is 〈◊〉 that this way is as little prejudicial to the Subjects 〈…〉 expresly there said If any Member of a Congregation 〈…〉 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 Ecclesiasticul 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 an 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
is by that Author further said If the Brethren or Officers in a Church be perverse Cap. 2. and will not hearken to Reason they that are wronged are to crave the assistance of the Civil Magistrate who alone hath Power and who ought by the Civil Sword and Authority procure to all Members of the Church Governors or others freedom from all manifest injuries and wrongs The manner how the Civil Magistrate is to proceed in Church-causes is there also described to us in the words following Though the Civil Magistrate cannot absolve the Excommunicate person c. or take away this power from the Church yet when they or any of them shall apparently abuse the same he is bound by the Law of God and by virtue of his Office grounded upon the same to punish them severely for it and to force them by Civil Mulcts to rectisy c. THus I have done with that first Consideration upon the account whereof the Vsefulness and Necessity of the Civil Magistrates Ecclesiastical power is affirmed Which is in respect to the well-being of Churches There is another consideration remaining now likewise to be prosecuted shewing the like necessity of this Power in respect and relation to the well-being of the Commonwealth The Knowledge and true Worship of God and the means hereof the word of God is a national gift He hath given his Law to Jacob he hath not dealt so with other Nations Psal 147. It was true then for Israel had this priviledge as a peculiar but now it is otherwise And where the Lord is so bountiful to a Nation thus to give the means of Life and Salvation it is a Depositum Governors must account for The whole Nation becomes peaceable prosperous or otherwise according as the matters of God and his Worship are more or less Religiously attended by the Governors and People thereof This Consideration is urged by Bishop Davenant to this purpose Daven de judu cont ca. 16. p. 91. Regis potestas judiciaria se extendit ad ea omnia sancienda quae rem publicam florentem conservant atque ad ea tollenda c. The Kings Legislative power extends to the establishming of whatsoever may preserve a Commonwealth in a flourishing State and the taking away of all such things as may prejudice or ruine it But the Religious Worship of God is granted of all even of the very Heathens as of concernment to the well-being of the Republick and the neglect of it to the eversion of it The careful and orderly management of Religious affairs being a special means and way to make the Republick prosperous the care whereof lieth upon the Magistrate It is necessary that he both judge of and put forth his Authority in the procuring and preserving such a means or conducement the further prosecution of this second Argument together with other particulars requisite to the resolving this Case I shall leave to a second Part of this Discourse in which after the clearing and vindicating the former part of the Oath as lawfully to be taken The two great doubts arising from the latter part of it shall more largely be insisted upon The words are these I shall to my Power Assist and Defend all Jurisdictions belonging to the Kings Highness or united to the Crown c. The Doubts hereupon are 1. The Jurisdiction Priviledges c. granted and united to the Imperial Crown are unknown unto us and some of them Controverted How can we swear in judgment Jer. 4.2 Answ Though there be not a distinct knowledge in respect of each particular yet an Oath may be taken in Judgment and how 2. There are some Jurisdictions Priviledges c. in Spiritual matters granted and united to the Crown the lawfulness whereof are scrupled and we may possibly believe they do not belong to the Civil Magistrate How can we swear to assist and defend him in such and Swear in Righteousness Answ In a Federacy or Allegiance to assist and defend another against a common Enemy if the things be just and lawful in His opinion though doubted of or thought otherwise in ours It is no unrighteousness in us to give assistance according to our Oath These Resolutions and Assertions I doubt not will be made evident in what is to follow and be the other part of this Discourse POSTSCRIPT HAving satisfied divers Friends that were scrupled about the Oath of Supremacy I was desired by my Brethren in the Ministry and others knowing my unhappy leisure to publish something this way wherein accordingly I made entrance but finding this Oath not so much pressed and the Subject such as is capable from me especially of a various reception I laid it long aside with purpose to make no further progress afterwards understanding some Persons of Honour judged such a Work to be useful and seasonable it was re-assumed In the Prosecution hereof I have stated something of Ecclesiastical Jurisdiction as claimed by Churches and Churchmen of each perswasion and how it stands in habitude and relation to His Majesties Supremacy in these Affairs Not with any purpose to reflect upon the judgment or practice of others whom for their Learning and Holiness I shall ever greatly reverence but that I might the more fully and distinctly lay down what is asserted by those of the Congregational way And upon these Considerations 1. It being now a season for us humbly to apply for the Liberty of our Consciences in the Worship and Service of God upon the encouragement of His Majesties most Gracious Declaration exhibited on that behalf wherein we understand our selves to be fully comprehended And finding our Way and Principles represented by some in Print though we fully agree with this and other Reformed Churches in all the Articles of Religion concerning the true Christian Faith and Doctrine of Sacraments Printed Anno 1658. which is evident by our Confession of Faith as inconsistent with and destructive to the Peace of Civil Government This if believed cannot but be a sufficient Block in the way of our Liberty I thought it necessary for the removing all Prejudices in order to the obtaining of our aforesaid Liberty to give some further account of our Way and to represent more distinctly and particularly our Principles that it may appear whatsoever hath been said to the contrary that there is nothing in them but what is consistent with and most agreeable to the Civil Government or that should render us in any sort uncapable of receiving the fruit and benefit of the King's Majesties Favor and Indulgence promised to Tender Consciences 2. We find Ecclesiastical Power where claimed Jure Divino Secret Walsingham's Letters to Critoy and immediately from the Lord by their Churches or Officers hath always been a matter of Jealousie as derogating from the King's Supremacy I. The Jurisdiction we pretend to as appears in this Discourse and avouch as the appointment of Christ is the lowest for kind and of narrowest extention
exercised about the concernment only of a particular Congregation and therefore we may well assert with that learned Bishop B. Sanderson of Episcopacy pag. 24. It 's very hard to give a satisfactory difference betwixt such an Ecclesiastical Power and the Oeconomical both claiming by Divine Right why the one should be more injurious to Regal Power than the other We can further say the Power we claim is no other but such also as hath been always owned by our Laws and Writers of Note to be immediately from God and peculiar to his Holy Service and the Sacred Function of the Ministery with those other Parochial Duties as to Preach the Word Administer Sacraments and the like The word Sacraments and the use of the Keys saith B. Bilson are things comprised in the Church lie not open with other State-matters and by God commanded to the Church Of Supremacy p. 170. 227. Against Harding p. 6. c. 9. D. 1 2. Also D. Field of the Church lib. 5. c. 53. and are subject to no mortal Creature Pope or Prince We teach not Princes saith Bishop Jewel to offer up Incense or Sacrifice asVzziah did or to preach or administer Sacraments or to bind or to loose Each of these Duties are such and so spiritual as our Princes openly and in their Laws disown them as not depending upon their Administration or Authority In the 37th Article of the English Confession it is thus We give not to our Princes the Ministring either of God's Word or the Sacrament And in the Admonition c. Kings and Queens of this Realm Possessors of the Crown challenge not Authority and Power of Ministery of Divine Offices in the Church II. The Power or Jurisdiction exercised over these particular Assemblies or their Officers hath its station in a higher Region and such as in which all Christian Magistrates in the world judge themselves interessed and that what is done in this kind by any Person or Assembly be by a Power derived from them and subordinate to them So our Law 27 H. 8. c. 17. The Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty And in the Statute of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Authority either Foreign or IN THE REALM but by the Authority of His most Excellent Majesty It is evident therefore that those Superior Powers of what Form or Denomination soever they be that are over these Congregations have their motions in Caesar's walk But the holy and spiritual Duties peculiar to particular Congregations are expresly remitted to them and their Ministers as the things of God and not of Caesar 3. Our situation is low and quite beneath those Orbs wherein the transactions of a National concernment move and are managed How Religion and Reformation thrive in a Nation and is encouraged by the Governors thereof we have a sence and form our thoughts and most effectual prayers and endeavors accordingly We are engaged hereunto as Members of the Catholick Church and particularly concerned in the welfare of our Native Countrey otherwise our Principles are to keep within our Congregational Precinct and not to give Laws or exercise Power over others or to engage our selves unless thereunto by Authority called in more publick Affairs Nor do we believe as we have jointly professed there is Power given by Christ to any Synod or Ecclesiastical Assemblies to Excommunicate Confession of Faith pag. 61. Sect. 22. or by their Publick Edicts to threaten Excommunication or other Church-Censures against Churches Magistrates or their People upon any such account And therefore we may be freed from the jealousie of being Troublers or Retarders of others in the work of Reformation or publick Settlement Or were we or could we be so in the Reformation not long since attempted otherwise than by not joining to further what our Consciences were not clear in or in not putting our neck voluntarily into a Yoke we conceived was not Christs and therefore would not be easie in the service of Christ 4. We have been blamed more than once for this Surname INDEPENDENT though a title not of our own choice as an insolent assuming Epist ad Buch. pag. 91. Miror etiam viris piis c. saith Spanhemius Truly I marvel that holy men so I judge them though dissenting from us should not themselves be dissatisfied with the very title an Independent Church which seems to me not to stand with the modesty of Christians The defects of all men through the blindness of their minds since the Fall is so great and obvious as no Person or Society can assume to it self an INDEPENDENCY in this respect without intollerable Pride Independency in respect of Power only is another thing Power simply and in it self is no Virtue though Justice Prudence and Fortitude by which it is managed are Not to be in Power is no Sin nor Moral Defect more than not to be Rich or in Honour It is not so much the Praise as the Charge of him that receiveth it the honour and glory of him that can give it of him only it hath its proportion and doth not become greater or less from any worth or industry found in those that receive it as Moral Virtues do Power doth not vary in its kind though the wisdom and ability to manage it be greater or less in him that hath it So that Power whether absolute or limited whether dependent or independent is a most inconsiderable thing in its self to be proud of or glory in If saith the Apostle there be any virtue if there be any praise Phil. 4.8 It is Virtue not Power we should be ambitious of being an excellency in it self and without it Power will be but a lifting us up to our own destruction Whatsoever Virtue or Gift is desirable for the manage of that Power Christ hath intrusted us with we further seek after in consulting other Churches and endeavour that all matters difficult and of common concernment may be proceeded in with joint consent We professedly depend upon Synods for Counsel which comes forth ordinarily from such Assemblies better digested and in a more perfect maturation their part being to advise and give Councel onely for men will not easdy spend much time to untie a knot if there be a knife at hand to out it 5. The Apostle Paul amongst other Reflections met with this from the false Apostles who gave him out in their reckoning as one that made some carnal advantage the scope of his Opinions 2 Cor. 10.2 3. with this hard measure we have met from first to last I am therefore willing to leave some account in the hand of my Friends being now aged and near my period of those Principles that have long through grace kept me and others steady in this perswasion Not only in and through these late Changes and Disputings but divers years before and when no such Encouragements were as are surmised to be our aim but the contrary The Apostle inserts in the midst of his Church-Disputes a whole Chapter in the praise of Charity and tells us in seeking our own for want hereof we are easily provoked and behave our selves unseemly 1 Cor. 13. and apt to think and surmise evil As for me to use David's words the Lord hath upheld me in mine integrity The reflecting thoughts whereof Psal 45.12 have been as the consolation of God in my Soul when I lay many days together by the Graves side Providence hath brought me back into a troublesom world where with patience and perseverance through Christ I shall wait until my Course be finished following peace with all men in the way of holiness without which no man shall see God P. NYE FINIS