of a particular Church hath Affinity with that of lesser Bodies more than with the Government of Empires and Kingdoms Object §1 IT may be objected that Churches are spiritual Corporations and of a more peculiar Consideration in respect of their Government and therefore not to be reckoned with Civil at least not with Families or such mean and low Societies Answ Policy or Government in it self and all the sorts of it is from the Light of Nature and common Reason And this is generally supposed by all that tho the Subject Matter or Persons governed be of different kinds yet the Law and Forms of Government may be the same where so appointed by Christ And I rather insist on such a way of Discourse and Reasoning as most suitable to the Subject I am upon but especially because Subordination of Churches to Churches is argued from the Light of Nature and in this very Case termed by our Brethren a Divine Topick Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth from the natural Wisdom and Prudence of Man in the Government and managing of Kingdoms there is as much a Jus Divinum and ground of reasoning from the Light that appears in the prudent Constitution and Government of any other civil Society I have mentioned in the Considerations Cities Families and those lesser and contained as I term them Societies or Corporations with particulars Churches Because I humbly conceive the Policy and Government of each tho in other things different to be more proportionable and of greater Similitude in many things then between particular Churches and those greater and containing Bodies Kingdoms Empires or the like Churches thus humbly constituted and governed are most consistent with Civil Magistracy of what Form soever the Common-wealth shall be In Confirmation of this Agreement or Similitude I shall take for the most part the Concessions of the learned of each Perswasion The Instances or Particulars are these §. 2 1. Families tho contained under the National Government where they are sinuated yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self so are particular Churches 1. They are intrusted with a Government each for it self It is not sufficient saith Mr. Perkins Perk. on Rev. 2.20 for a Church to have the preaching of the Word but Church-Government This Church speaking of Thyatira is blamed because she did not use the Authority God had given her There is given to the Ministers of each particular Congregation according to Episcopal Ordination established by our Law not only a Power to preach c. Take Authority to preach the Word of God but they are made Rectors Governours in those particular Churches and it 's said to them Whose Sins thou dost remit they are remitted and whose Sins thou dost retain they are retained by which Words the Keys of Discipline are given them see Bilson Perpet Govern p. 213. ' By Order of the Church of England saith Bishop Vsher Reduct of Episc p. 2. all Presbyters are charged to administer the Doctrine and Sacraments and the Discipline of Christ as the Lord hath commanded and as this Realm hath received the same And that they might the better understand what the Lord hath commanded therein the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordination Take heed to your selves and to all the Flock among whom the Holy Ghost hath made you Overseers to * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so taken in Mat. 2.6 and Rev. 12.5 and 19.15 rule the Congregation of God which he hath purchased with his Blood ' ' Mr. Hooker Ho. Eccl. Pol. lib. 3. Sect. 1. tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the visible Church have mutual Fellowship and Society one with another In which Consideration the Catholick Church is divided into a number of distinct Societies every of which is termed a Church within it self not an Assembly but a Society A Church as we are now to understand it is a Society that is a number of Men belonging to some Christian-Fellowship the Place and Limits whereof are certain having communion in the publick Exercise of such Duties as are mentioned Acts 2.47 As those of the Mystical Church by their inward Graces differ from all others which are not of the Body and those that are of the visible Body of the Church have the Notes of external Profession Even so these several Societies or Churches have Properties belonging to them as they are publick Christian Societies And of such Properties it may not be denied that one of the very chiefest is Ecclesiastical Policy We use the name of Policy rather than Government because Church-Policy containeth both Government and also whatsoever besides belongeth to the ordering of the publick Affairs of the Church of God ' In which words he asserts not each particular Church to have Government in it self but this Government as a Property or Propriety by which it 's distinguished from the Mystical as also the Catholick visible Church So that he doth not as some of late make the Catholick visible Church the first Subject of the Keys but each particular Society or Church supposing that great Body of Christians to be only and immediately under the Spiritual Government of Christ Jesus 2. Compleat and sufficient It is not to be understood of such a perfection as may not with much advantage receive help both from the Power of the Magistrate as I have shewed before as also from the Counsel and Advice of other Churches But I mean an essential Compleatness or Sufficiency not being deficient in any material requisite for Government This that learned Author expresseth in those last Words ' We use the Word Policy saith he rather than Government because Church-Policy containeth both Government and also whatever besides belongeth to the ordering of the Affairs of the Church of God Every particular Church saith Mr. Cartwright Against Whitgift lib 3 pag 147. having an Eldership is a Catholick Church of Christ under whom Pastors Doctors and Elders are the ministerial and immediate Governors In which Words he intimateth a Compleatness in each particular Church for Government and Privileges as much as if the Catholick visible Church were Organical and a governing Church ' The Power of Jurisdiction saith one Rutherf Due Right 〈◊〉 Presbyt pag. 307. is as perfect and compleat in one single Congregation as in a Provincial as in a National yea as in the Catholick visible Body ' All Things are yours saith Paul to a particular Church 2 Cor. 3. To this purpose Mr. Parker Parker's Polit. lib 3. cap. 13. Sicut non pars c. As a particular Church is not a maimed or half but a whole and perfect Body so it is possessed with the whole and entire Church-Government and not
them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another the one of Causes and the other of Persons Ad leges per se requiritur potestas in persinam secundario â—…res 〈◊〉 Suarez 〈…〉 lib. 1. cap. 8. Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Exod. 21.29 Ox which goreth a Man that he dieth yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9,10 Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and 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 Whom Calvin terms Impostor ille in Am. 7.13 abroad 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 26 Henry 8. cap. 1. it was no new Jurisdiction wrested from
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-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-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
Forbearance in what they were not satisfied and to practise otherwise Declaration of October 1660. 6. There is no matter or thing appertaining to Religion or first Table-Duties or so intimate and properly spiritual which a Synod or Convocation hath Cognisance of and may make Laws and Canons about But the like things have been established by the Civil Powers more than sometimes for Advice without it as will abundantly appear in the many Statutes and Laws of former and later Times as against Swearing Perjury Sabbath-breaking c. That one instance the Liturgy and ordering Bishops Priests and Deacons the many Rubricks in each of those Books are so many Canons and Ecclesiastical Constitutions insomuch as some have termed the Parliaments of England Synods or Representatives of the Church of England observing also that in the King 's Writ by which a Parliament is called there is expresly committed unto them the Considerations of what concerneth the Church as the Kingdom of England There hath been also Injunctions Declarations Advertisements Proclamations and the like Edicts published in Ecclesiastical Matters from time to time by our Princes without calling or advising with a Synod And Obedience hath been required unto those Precepts by the Ordinary in each Diocess as well as to the Canons and Ecclesiastical Laws made by Synods The Dependency therefore of Synods and Convocations upon the Civil Magistrate according to the Constitution and Practice here in England is very great and apparent For I. They can make no Canon or Ecclesiastical Law without the Civil Magistrate but he can and may without them II. None of their Laws though ever so Ancient but may be revoked by a Parliament but the Rubricks or Ecclesiastical Laws established by it may not be medled with by the Convocation His Majesties Licence to the Convocation May 12. 1640. I shall conclude with B. Bilson who seems to state the Nature and Occasion of Synods as they are in this Kingdom very fully and indeed much as they ought to be wheresoever they are called his words are these D. Bils Per. Gov. cap. 16. p. 383. With us no Synods may assemble without the Prince's Warrant as well to meet as to consult of any matter touching the state of this Realm And why They be no Court separate from the Prince nor superior to the Prince but subjected in all things to the Prince and appointed by the Laws of God and man in Truth and Godliness to assist and direct the Prince when and where they shall be called to assemble otherwise they have no power of themselves to make Decrees when there is a Christian Magistrate neither may they challenge the judicial hearing or ending of Ecclesiastical Controversies without or against the Prince's liking It appears evidently hereby that in the Judgment of the Learned Author Synods in their Nature and Use are not for Rule and Government where there is a Christian Magistrate or otherwise than as Assistants only to counsel and advise Him THe Synods in other Reformed Churches claim a coercive Jurisdiction from an intrinsick right received immediatly from Jesus Christ as Ministers of the Gospel There being no express Scriptures to uphold this Assertion and the light of Nature and common reason being supposed sufficient to create a jus divinum The Authors of this perswasion argue thus Discip of Scot. lib. 2. c. 11. also Act. of G. Assemb before the Confes of Faith Jus divinum regiminis cap. 3. In all Kingdoms and Republicks if wrong be done by inferior Courts we may have right by appealing to a Court superior in Authority there ought therefore to be such an order in Churches that is a Classis Synod c. That there may be regular Appeals in like Cases And further they argue if it be not so when whole Churches or their Consistories transgress there is no ordinary Remedy The Provision Christ hath made for Government in his Church will be found defective For though there be a Remedy for particular persons yet for a Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Jus D. regim cap. 1. Assembly Dispute p. 114. Rutherf peaceable Plea cap. 15. Assertion of the Gover. of Scot. by G. Gillespie part 2. cap. 4 Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1. 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2. 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars I. Disparity In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned Videtur axioma communiter acceptum inter probos Religiosos