or land in time of Peace or Warre To these may be referred Heralds Ambassadours publick Agents with the rest which shall be mentioned in the second Book of this Treatise And because he is no Officer which hath not some publick power and this he cannot have of and from himself therefore all Officers are made such by the Soveraign who by granting Commissions and other wayes derives their power unto them And as he gives them power so he may remove them and revoke their power or translate them or call them to account To chuse nominate propose them may be an act of the people or some of them yet to constitute them and give them their political being is an act of Majestie either mediate or immediate And because the personal Soveraign and his Officers cannot do their duty and discharge their places without sufficient maintenance therefore in this respect there is a right to command the purse For as they say he that bears the sword must have the purse And if there be not a sufficient standing Revenue and Treasury determined in the constitution the Soveraign must have a power to raise monies to defray the publick necessary charges Hence that Vniversale eminens dominium of Majesty in every State so much mentioned in the Authors of Politicks The reason of this is clear in the very light of nature that the people maintain their Governours because the benefit of the Government redounds unto them according to that of the Apostle For this cause pay you tribute also for they are Gods Ministers attending continually upon this very thing Render therefore to all their dues tribute to whom tribute is due custom to whom custom Rom. 13.6 7. It 's true that Soveraigns may have their private purse therefore some distinguish inter aerarium fiscum Aerarium is the publick Treasury which is maintained by Tribute Custom and other Impositions and this is to be raised and disposed of by the supream for the preservation of the publick Fiscus as some tell is the Soveraigns private purse whereof he may dispose at will and pleasure This publick propriety presupposeth every mans several propriety and no wayes prejudice it This right is reckoned by some amongst the lesser Prerogatives but there can be no minora Jura Majestatis in proper sense For because Majestas is Maxima potestas therefore all the essential parts and rights are so too section 13 The last is the Power of Jurisdiction whereby Justice is administred and it 's over all persons in all causes both Military Civil and Ecclesiastical so far as they fall under the Soveraigns cognisance Under this Head I comprehend not only the power of those acts of Judgement more strictly so called as Convention Discussion Decision of the cause upon evidence of the merit or demerit but the Execution To which last may be referred all penalties as well capital as not capital with Dispensations in Judgement suspension of Execution pardons To this of Jurisdiction also belongs all reservations of certain causes the receiving last appeals the final determinations and irrevocable sentences By vertue of this Power Commissions for judicial proceedings Courts the order of trial from first to last all calling of Assemblies general and provincial Civil and Ecclesiastical are determined From all this it 's evident that all Jurae Majestatis may be reduced to the Legislative Judicial and Executive Power if we understand Judicial and Executive in a larger sense than they are commonly taken And here it 's to be noted that Majesty Real is before and above all Majesty personal And by personal Majesty or personal Soveraign I do not mean only one single person as a Monarch but all Aristocratical and Polyarchical Soveraigns who are many Physically but considered as one person morally as joyntly invested with one Power Soveraign section 14 Thus far concerning the nature of Majesty after which follow some Epithets given to Majesty by Authors to signifie the properties thereof These are either included in the essence or flow from it For 1. It 's absolute and so Arbitrary Absolute soluta legibus It cannot be bound by any Lawes nor judged because the Soveraign is the Lawgiver himself and the Fountain of Jurisdiction He may bind himself by Oath to govern and judge according to the Lawes not to be governed or judged by the Lawes Yet no Soveraign personal is free from the Obligation of the natural and positive Lawes of God in force and how far he is inferiour to the real Soveraign who is subject to the same Lawes I will not here discuss 2. It 's universal not only in respect of all acts of Government but of all persons within that Territory For it must be coadequate to the whole body which it must act and animate it 's neither greater nor less No persons things or actions within can be exempted from this Power nor can it extend to any thing person action without but per Accidens 3. It s supream not in respect of God nor of the power of other States but in respect of the power of Fathers Masters Officers Corporations and Societies within every several State. For by vertue of Majesty it is that Soveraigns are equal in respect of themselves superiours in respect of their Subjects and inferiours unto God whose servants and subjects they are trusted with a particle of his power and accountable unto him 4. It 's Independent yet not in respect of God upon whom all Soveraigns do not only chiefly but wholly depend but in respect of all subordinate Powers within but coadequate to them without For all power civil within the Territory is derived from Majesty Fiduciary Princes therefore as such are not Soveraigns though they may have the title of Soveraignty yet a Soveraign may be fiduciary for some part of a Country within and part of the Dominions of another Soveraign Neither can the chief Magistrate of a Commonwealth trusted at certain times with the general exercise of the Power be such Protection and Vassalage are conceived by some not to destroy Independency neither doth confederation For though the League between several States as in Switzerland and the united Netherlands Provinces may be strict and Commissioners may be made and trusted with great power in things which concern the several States jointly such the states-General of the Low-Countries be yet this is thought to be no diminution of Majesty For it remains entire in the several Republicks 5. It s indivisible for though it hath several branches which may be distinguished yet they cannot be separated For if you take away but one much more if you take away more you make it imperfect and essentially defective and insufficient to Govern For as in Philosophy Essentia est indivisibilis so in Politicks Majestas est indivisibilis sic Majestatis Jura sunt inseparabilia As these Rights are indivisible in respect of themselves so they are in respect of the Subject For divide and separate some of
and the parts the Soveraign and the Subject According to this method though mine ability be not much I have spoken of a Community both Civil and Ecclesiastical and of a Common-wealth 1. Civil then 2. Ecclesiastical In both the first part is the Soveraign where I enquire 1. Into his power civil and then into the spiritual power of the Keys in the Church 2. I proceed to declare how the Civil Soveraign acquires or loseth his power and how the Church derives her power or is deprived of it 3. The next thing is the several ways of disposing the power civil in a certain subject whence arise the several forms of Government civil and the disposal of the power of the Keys the primary subject whereof is not the Pope or Prince or Prelate or Presbyter or People as distinct from Presbyters but the whole particular Church which hath it in the manner of a free State. Here something is said of the extent of the Church After all this comes in pars subdita both Civil and Ecclesiastical where I speak of the nature of subjection and of the distinction division and education of the Subjects both of the State and Church All this is done with some special reference both to the State and Church of England desiring Peace and Reformation If any require a reason why I do not handle Ecclesiastical Government and Civil distinctly by themselves without this mixture the reasons are especially two 1. That it might be known that the general Rules of Government are the same both in Church and State for both have the same common principles which by the light of Reason Observation and Experience may be easily known but especially by the Scriptures from which an intelligent Reader may easily collect them Therefore it 's in vain to write of Church-Government without the knowledge of the Rules of Government in general and the same orderly digested The ignorance of these is the cause why so many write at random of Discipline and neither satisfie others nor bring the Controversies concerning the same unto an issue 2. By this joynt handling of them the difference between Church and State Civil and Ecclesiastical Government the power of the Sword and Keys is more clearly as being laid together apparent For this is the nature of Dissentanies Quod juxta posita clarius elucescunt This is against Erastus and such as cannot distinguish between the power of ordering Religion for the external part which belongs unto the civil Soveraigns of all States and the power of the Keys which is proper to the Church as a Church Yet if these two Reasons will not satisfie and some Reader may desire and wish they had been handled dictinctly he may read them as dictinct and several even in this Book I my self had some debate within my self what way I should handle them yet upon these reasons I resolved to do as I have done section 12 A Common-wealth once constituted is not immortal but is subject to corruptions conversion and subversion The Authors of Politicks following the Philosopher make these accidents the last part of their Political Systems and some speak of them more briefly some at large and declare the causes and prescribe the Remedies both for prevention and recovery Corruption is from the bad constitution or male-administration and both Soveraign and Subject may be and many times are guilty The conversion and woful changes and also the subversion and ruine is from God as the supream Governour and just Judge of Mankind who punisheth not only single and private Persons and Families but whole Nations and Common-wealths Of these things the Scripture humane Stories and our own experience do fully inform us But of them if it may be useful I shall speak more particularly and fully in the second Book the subject whereof in general is Administration in particular Laws and Canons Officers of the State and of the Church and Jurisdiction both Civil and Ecclesiastical The reasons why I desire to publish this first and severally from the latter part are partly because though the first draught of that latter part was finished above half a Year ago yet I intend to enlarge upon the particulars partly because I desire to know what entertainment this first part may meet withal for if it be good I shall be the more encouraged to go forward but chiefly because the most material Heads and Controversies are handled in this which is far more difficult The latter will be more easie yet profitable and useful especially if some of greater ability would undertake it The God of Truth and Peace give us Humility Patience Charity and the Knowledge of his Truth that holding the Truth in Love we may grow up unto him in all things which is the Head even Christ to whom be Honour Glory and Thanks for ever Amen FINIS * vid. Comin de bell Neap. lib. 5. Scope of the Work. Means to prevent Errors Sect. 1. The reason of differences in Church-Affairs What a Common-wealth in general is Foundation of the Work. Constitution Community in general De C. D. lib. 19. Cap. 21. Cap. 22. What Community Civil is Original of community Members of a Community Ecclesiast Community A good ground of Childrens right to Baptisme What hinders Reformation A Community formed is a Commonwealth De C. D. Lib. 19. cap. 13. Neighbour a notion of Society Majesty in the People really c. Real Majesty greater than Personal The mistake of Junius Brutus Buchanon Heno A Parliament cannot alter a form of Government A happy Community Majesty Personal Acts of Personal Majesty 1. Without Within Soveraigns must order Matters of Religion Civil matters Properties of Majesty Fundamental Charter of Civil Majesty Power how got Justly got extraordinary How Kings must govern Ordinarily By Election Best Government By Conquest Vsurpation Subjects may defend their Rights What destroys Personal Majesty Bracton Kings duty Binds not posterity Majesty when forfeited When Subjection ceases a Isa. 22.2 Vers. 21. b Rev. 1.18 1 Cor. 3.7 d Mat. 16.29 e Joh. 20.22 23. f 1 Cor. 5.12 g Ibid. h Ibid. 13. 11 Quaest. in vesperiis Dib 4. dist 8. Quaest. 2. What a King is What the King cannot do Parliament best Assembly Parliament Members qualified Wittena Gemote What the House of Commons is The End of calling the House of Lords What Barons called to Parliament Power of Parliament without the King. Why Kings Consent required First subject of Personal Majesty What the Parliament cannot do Who gave Crown Prerogatives and Parliament-being Kings of England no absolute Monarchs Cause of England 's Miseries What observable in our sad Divisions How to judge of our Divisions What charged on the King. Disobedience to King unlawful Parliament accused acquitted The cause changed Treaty at the Isle of Wight The 〈◊〉 works 〈◊〉 God among us Sect. 22. What may be the best way of settlement Qualification of Parliament members What to be looked into by a Parliament first * Non assumit Rex vel jus clavium vel censurae sed quae exterioris politiae Tort. Torti pag. 318. Rex qua Rex habet primatum Ecclesiasticum objective qua Christianus effective qua Rex actu primo qua Christianus secundo Mason de Minist Angl. l. 3. pag. 312. Primitive Bishop His Power Hierarchical B. B. His Power Hierarch Jure Humano * De Repub Eccles. lib. 2. c. 3. sect 7 8 9. Sect. 7. * Act. 8.14 * Ludovicus Arabelensis Lewis Arch-Bishop of Arles President in the Council of Basil. English Bishops What Dean and Chapters were English Bishops not Jure Divino * Lib. 3. c. 3 4. Tit. de praescript adversus haereticos Job 37.12 Prov. c. 12.5 * Gal. 1.1 * De. polit Ecclesiastica l. 3. c. 7. p. 26. * Tort Tor. p. 41. * Vignierus de excommunicatine venatorum The Church the Subject of the Keyes As in the Fundamental Office of Christ. Church-government what Who guilty of Schism Who Schismaticks Parish no Congregation Christian What Church the primary subject of the Keys The supposed end of the Congregational notion The subject of the whole Treatise * Isa. 49.23 Chap. 60.16 22. * Chap. 55.34 * 1 Cor. 11.34 * In his Book of the Church c. 8. p. 63. Best means to reform and unite a Church Divided What 's the chief interest of a Nation as Christian. Soveraign real Personal Measure of subjection rightly bounded The rational part of a people the heir of real Majesty The Sacrament what Education What makes a Church-Member Who a Visible Saint Division Subordination of that Church when Subordination of Bishops prudential Episcopal Hierarchy not of Divine Authority Bishops over Presbyters uncertain The Pope the Man of Sin c. Prelacy the occasion of Hierarchy and that of Papacy England under no foreign Primate What a Bishop was at first No Divine Testimony for Bishops Bishops of good use not of necessity A special Work of the Levite
had not the power of the Keys What meant by those words of the Oath of Supremacy Erastians worthy of no answer because they mistake the state of the Question and do not distinguish between the power of the Sword and the power of the Keyes CHAP. XI Whether Bishops be the primary subject of the power of the Keys The different Opinions concerning the Definition and Essence of a Bishop as also concerning the first Institution of Episcopacy St. Hierom's opinion in this point Spalatensis his Arguments to prove the divine Right of Bishops as invested with the Power of Ordination and Jurisdiction examined and answered Dr. Andrew's judgment in this point After the primitive and also the Hierarchical Bishop which differ much the English Episcopacy different from both the former in some things proper to its self is examined Though some Episcopacy be grounded upon a divine general Precept yet it 's not the primary subject of the power of the Keys neither is Episcopal Government proved to be necessary by any special Evangelical Precept of universal and perpetual Obligation CHAP. XII Whether Presbytery be the primary Subject of the power of the Keys The abolition of Episcopacy and Surrogation of Presbytery in several reformed Churches The nature institution and distinction of Ecclesiastical Presbyters The places of Scripture whereon the Divine Right of Law or Rulong Elders is grounded examined The Reasons why Presbyters cannot be the primary Subject of this Power The Arguments of the Authors of Jus Divinum Ecclesiastici Regiminis insufficient to prove it The English Presbytery as intended and modelled by the Parliament with the Advice of the Assembly of Divines inquired into the perfections and imperfections of the same as modelled by the Parliament without the King. Certain reasons which may be imagined why the Parliament would not trust the Ministers alone with this power CHAP. XIII Whether the power of the Keys be primarily in the People The Opinion of Morellius and the Brownists of Blondel of Parker and his mistake in Politicks applyed to the Church to make it a mixt Government The judgment of the Author concerning the Power of the Keys to be primarily under Christ in the whole Church exercised by the best and fittest for that work The explication of his meaning concerning the Power the Subject of the power and the manner how this power is disposed in this Subject The Confirmation of the Proposition that the power of the Keys is in the whole Church both by the institution and exercise of this power Where is premised a confutation of Mr. Parker's Opinion grounded upon two several places as he understands them The principal places of Scripture concerning Church-Government in foro exteriori explicated to find out where this power is by institution for Legislation Jurisdiction and making of Officers CHAP. XIV Concerning the extent of a particular Church The several extensions of the Church in excess according to the opinions of such as subject all Churches particular to that one Church of Rome of such as subject all to a general Council Whether Mr. Hudson is justly charged by Mr. Hooker and Mr. Ellis and divers others as guilty of Popery in asserting the Vnity of the universal Church The Congregational extent what Congregations are How they are gathered Whether the primary subject of an Independent power The Arguments of Mr. Parker and the Dissenting Brethren from Scripture and Politicks answered A National extent examined What means to be used for to compose our differences and to settle peace amongst us CHAP. XV. Of Subjection Civil What Subjection in general is the degrees of it What a subject in a Civil State is the definition explained What the duties of Subjects be What offences are contrary to this subjection what Rebellion and Treason the several degrees of Treason What Vsurpation is whether any subjection be due to usurped Powers When a power is dissolved How far the Oaths of Supremacy and Allegiance bound the English subject Whether the Civil War did dissolve the Government Whether the late Warlike Resistance made against the King's party and his Commissions was Rebellion or no Something of the Question Whether upon any cause it be lawful for the Subjects to resist or take up Arms against their lawful Soveraign as it 's handled by Arnisaeus Whether after the War said to be between King and Parliament was commenced there was any ordinary Legal power which could induce an Obligation to subjection Whether the Act of alteration or any other Form since proposed could introduce an Obligation Whether it be lawful to submit unto an extraordinary power when no Legal power according to the Fundamental Constitution can be had The distinction division and education of Subjects CHAP XVI Of Subjection Ecclesiastical What Ecclesiastical Subjection is The distinction of Ecclesiastical Subjects The qualification of a Church-member Something of separation from a Church The alterations divisions made and the Errors Blasphemies professed in the Church of England in these late times The manner of admission of Church-Members The ancient and also the modern division of Ecclesiastical Subjects and their subordination The Hierarchical Order The Education of Church-members LIB I. CHAP. I. Of Government in General and the Original thereof section 1 PRropriety is the ground of Power and Power of Government and as there are many degrees of Propriety so there are of Power Yet as there is but one Universal and absolute Propriety so there is but one supream and universal Power which the most glorious blessed and eternal God can only challenge as his due For he contrived all things by his wisdom decreed them by his will and produced them by his Power and to this Day worketh all things according to the counsel of his will Ephes. 1.11 In this respect he is worthy to receive Glory and Honour and Power because he hath created all things and for his pleasure they are and were created Rev. 4.11 By Creation he began by Conservation he continued to be actually the Proprietary of all things for he made them of nothing and gave them being and existence so that they wholly always depend upon him and are absolutely his Therefore he hath power to dispose of them as he pleaseth and to order them to those ends he created them This ordination of them which began immediately upon Creation continueth and shall continue to the end and is either General of all things or Special of some special more noble and more excellent Creatures Such are Men and Angels endued with understanding and Free-will and capable of Laws rewards and punshments both Temporal and Eternal The ordination of these is more properly and strictly called Government which is a part of divine Providence The Government of Angels no doubt is excellent and wonderful though we know little of it because not revealed section 2 That of men is more fully manifested to us as men in that Book of books we call the holy Scriptures the principal subject
Agents the State wronged demands satisfaction or Justice and cannot be heard then there remains no way but to hazard a War and defer the cause to God to decide it by the Issue which he shall give Sometimes a State may be unjustly invaded in which case there is no remedy but a defensive War. 1. To judge and determine of this War whether offensive or defensive to have the chief Command to grant Commissions to Press Men provide for Arms and Money to denounce and proclaim the War by Heralds belongs unto the Soveraign who is trusted with this Militia not only against foreign States but against Seditious and Rebellious Subjects 2. After a War begun and continued a Peace may be concluded and this is another Act of Majesty Personal 3. Because one State may strengthen help and benefit another hence Leagues of Peace and Amity and also for mutual offence or defence or for Protection or for Commerce Yet none of these are valid by the very Law of Nations but as made concluded continued by the supream Powers Personal 4. The Soveraigns of several States cannot in their own Persons except very rarely meet together and act personally face to face one with another neither is it convenient or expedient so to do Therefore a way and means dictated by the light of Nature hath been invented to act by others who are their Deputies and Representatives and these are called Ambassadours To send these whether ordinary or extraordinary and to give them Power and Commissions with Instructions and Letters Credential that their Acts may be valid is the right of Majesty Personal To this Head may be referred the sending of Heralds and Agents or Envoyes section 10 This personal Majesty and Soveraignty acts within the Common-wealth and with the Subjects as Subjects With these it acts 1. In matters of Religion For Magistratus est custos utriusque tabulae where by Magistrate we must not understand Officers but supream Governours as the word is taken largely by many Authors especially such as profess Theology For it is the Duty as it is the Right of Civil Soveraigns to order matters of Religion and that in the first place so far as it tends unto or concerns the peace and happiness of a State which depends much upon the establishment profession and practice thereof As they must order it so they must not only constantly and sincerely profess practise it themselves but as Soveraigns protect and defend their Subjects in the profession and exercise of the same so far as their coactive-force and Sword may justly do it This should be their first and principal Work which they should do not onely for the good of the people but their own happiness success and establishment in the Throne They are not to associate as Priests or Presbyters nor arrogate the power of making Canons Ordination Excommunication Absolution and such like Acts which are purely spiritual yet they may make Civil Laws concerning those things and execute the same and also ratifie by Civil Acts the Ecclesiastical Canons and punish such as shall violate the same Yet this right doth presuppose the Religion which they establish and maintain to be true and instituted from Heaven It 's true that the consciences of men are subject only unto God and to him alone are they answerable for their secret thoughts and opinions which men can have no certain cognisance of Yet if they broach errours in Religion and blasphemies and seek by communicating them by word or writing to seduce pervert infect others they disturb the peace of the State offend God and bring Gods Judgements from Heaven upon themselves who are guilty of such sins and upon the Soveraign and the subject of that State where they live And in this case though the consciences cannot be forced yet their estates persons lives are liable to the sword and in that respect they may and ought to be punished by the sword of Justice This is so a Right of Civil Soveraigns that we never read of any State of civilized people without Lawes concerning Religion and the worship of a Deity I confess this branch of civil Power is not rightly placed nor is the method exact because it comes in under the Heads of Legislation and Jurisdiction the matter of both which are Religion mens persons estates and lives section 11 After matters of Religion which are more spiritual and divine follow such as are temporal and humane Concerning these we have two acts of Majestie 1. Legislation 2. Execution of Laws made hence these two Jura Majestatis 1. A right to make Laws 2. A right to execute them This Power of making Laws is the principal and most necessary and doth inseparably adhere unto the Soveraign once constituted It was Jethro's counsel to Moses which with Gods approbation he followed to teach the people Laws that all Subjects and Officers might know their work and duty and the Rule which must direct them in all actions of Officers and subjects as such this was Gods order For after that he became their Soveraign and the people of Israel his subjects he proceeds to make Lawes Moral Ceremonial Judicial yet the personal Soveraign hath no power to make fundamental Laws concerning the constitution but only for the administration This our Parliaments if rightly constituted and duly acting for the publick good I honour as much as any man may take notice of Yet I may not presume to teach them much less correct them This Power is given by the consent of the people in the constitution who upon their submission become their Soveraigns subjects and are bound thereupon either to obey his Lawes once made or suffer This is not meerly a Power to teach and direct them but to bind them To this Head are brought the Power of repealing interpreting altering Lawes with Dispensations Reservations naturalizing granting Priviledges conferring Honours founding Colledges and Corporations Legitimation restoring the blood tainted and all acts of Grace as giving immunities exemptions tolerations indulgences acts of oblivion section 12 After Legislation follows Execution which in this place is not the execution of the Judges Sentence for that follows as a distinct act of Jurisdiction This right of Majesty is of far greater latitude and reacheth all acts that tend to the execution of the Laws which are in vain if not put in execution And because this cannot be done without Officers and Judgment therefore this comprehends under it The right of making Officers administration of Justice The making of Officers as without which the Laws cannot be put in execution is the first of these two By Officers I understand all such as are used by the Soveraign for to put in practice the Law and perform any publick act These may be either ordinary or extraordinary temporary or standing for Peace or War for to deal with forriegn States Such are all Dictatours Viceroyes Regents Treasurers Counsellours Judges Sheriffs Constables Captains and Commanders by sea