determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other §. 1 THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority Job 40.18 this is peculiar to rational Creatures and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself over others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power §. 2 What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the church-Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Both Authorities and Jurisdictions joyn together and the one helps the other Stat. 20. Hen 8. c. 12. §. 3 Their Differences are in these Particulars 1. Though both have in their respective way to do with
due and peaceable accord and each enjoy its priviledge and Liberties without prejudice to the other unless these two great bodies be moulded and formed one with respect unto the other The policy therefore of the Nation and the National Church of the Jewes were both respectively formed by the Lord himself 4. Hence this opinion of States-men that there is no form of Church Government left by Christ or his Apostles but to be moulded by the wisdom and discretion of Christian Magistrates as may best sute and joynt in with the Civil Government And of others the contrary The Commonwealth saith one must be made to agree with the Church and the Government thereof with her Government for as the House is before the Hangings therefore the Hangings which came after must be framed to the House which was before so the Church being before there was any Commonwealth and the Commonwealth coming after must be fashioned and made suitable to the Church We need none of these extreams The middle way is this Let not the Churches claim to be National or Provincial Jure divino but leave such disposements to the civil Magistrate and be numbred with those lesser Societies Families Cities Colledges c. For these do retain in themselves much the same form of Government and Freedom therein throughout the World 5. It is not so much a different Form of Government For in each Republick there are contained lesser Societies of all Forms but their Extention and Potency in numerousness of Persons by which they are made up Nor from this Principallity but the nature of their Vnion and Incorporation begets the Jealousies If particular Churches become Diocesan Provincial or National by Union from the Law or Direction of the Civil Magistrate for the better exercise of that Ecclesiastical Jurisdiction the Lord hath intrusted him with and conveniency of such persons as he shall appoint to inspect the Churches in such a case the Greatness of Churches cannot be disturbent to the Civil Government being so directly under its cognizance The Common-wealth saith one Holy Common-wealth R. B. p. 2.220 containeth all the people in a whole Nation or more united in one Soveraign but particular Churches distinct from the universal united in Christ have no general Ecclesiastical Officers in whom a Nation must Unite as one Church How then become they to be termed a National Church Ans As several Corporations in one Kingdom or as so many Schools that have a peculiar form of Government but such only as is under and united in the Magistrates Government in its kind If this should be claimed as the Law or Priviledge of each Family that the Governors be it the Father or Husband or Master are thereby invested by Nature with the same Power in respect to all Families in a Nation and by several Correspondencies and Subordinations raise and Vnite themselves at last into a general Assembly or Representative And by Vertue of that Enconomical Authority give Laws to the whole Nation though not as their Subjects yet to the same persons under another notion that is as Wives Children Servants There is no well Governed State could entertain such a spreading interest as this without great doubtfulness lest their Authority and Supremacy should hereby be much Ecclipsed 6. But a particular Church consisting only of a few persons in it self and independent on others is necessitated to depend under God upon the Magistrate for protection Which if they should not obtain but be opposed and persecuted yet have no ability to resist being as a Family single and alone not able to defend it self or molest others Nor if they were able is it lawful for a Church to compel by the Sword more than the Magistrate may by the Keyes or what is peculiar to the sacred Function 2 Chron. 26. Matth. 16.19 with 24,25 Vzza erred in the latter and Peter in the former The primitive rule and practice was this being persecuted in one City to fly into another Matth. 10.23 and pray that their flight may not be in the Winter Matth. 24.20 No nor do we judg that these spiritual weapons the Keyes or Censures may lawfully by a Church or any Ecclesiastical Assembly be threatned or drawn forth against a whole Nation and the chief Governors thereof to urge or compel especially in State concernment as the Pope and some others have done though it be truly in ordine ad spiritualia The 5. Instance The fifth Instance or particular is this A Family of all Corporations or Societies is the lowest species or kind it 's Consociatio simplex prima and hath the least of pomp or state in the Government of it Cottages are built low Palaces with many stories one above another Those great and extensive Bodies Empires and Kingdoms represent in their Government more adequatly the mystical Church in respect to Jesus Christ who is their King and Lawgiver whose Kingdom is with Power and Glory a Power that is truly Imperial and Princely having Officers under him his Kingdom reaching to the utmost ends of the Earth who in his name command reward and punish But Particular Churches as Governed by his Ministers have their porportion rather with the meanest and lowest Societies of men The Scripture seems to point at more than a similitude and likeness betwixt a Family and Church in the managing of affairs I mean in the general and what is it not determined by express Institution Paul speaking to Timothy about Church affairs mentioneth their expertness in Governing a Family as a good preparative or qualification for Church administrations And this is not only Negatively if a man know not how to rule his own house how shall he take care over the Church of God 1 Tim. 3.5 But affirmatively These things I writ that thou mayest know how thou oughtest to behave thy self in the house of God which is the Church of the living God vers 15. The sence is full in those words the Church of the living God yet it is added the house of God purposed as it were to carry the Eye back to what was written ver 5. which sheweth that there is a great affinity betwixt our Houses and the Houshold of God In a Fathers Governing his Children saith one there is a lively resemblance of such Duties of Government which he is to dispence towards the Church There is nothing enjoyned the Minister as a Father of Children which belongeth not to him as he is a spiritual Father of the Children of God On the other hand it may be observed this question being amongst the Apostles who or which of us shall be the greatest in the Kingdom of Heaven Matth. 18.1 upon supposition the Church being termed a Kingdom there would be places of State and higher dignity in it as are in the Kingdoms of the World Christ Answers There shall be no such thing no primacy in one Apostle over another no the greatest of you shall
Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us Soto de Just lib. 54. 6. art That in a voluntary and brotherly Society it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be considered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15,16,17 where each step and circumstance in the progress from a lesser to a greater Authority is described II. Disparity From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all III. Disparity The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not 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 Licitum est saith P. de Aragon Aragon in 2. 2. q. 69. a. 3. D.Th. in re grave cuique causam suam defferre ad sedem Apostolicam 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 as we need much understanding to draw it out Prov. 20.5 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 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. Mat. 18.15,17 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