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A85946 Touching the subject of supremacy in causes ecclesiastical. Diatriba quædam Oxoniensis cujusdam. Tending to peace and setling, by shewing how the powers civil and ecclesiastical may act in their own sphæres without incroachment on one another. July 12. 1647. Imprimatur John Downame. Geree, John, 1601?-1649. 1647 (1647) Wing G601; Thomason E398_14; ESTC R201689 3,929 8

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Touching the subject of SVPREMACY IN Causes Ecclesiastical Diatriba quaedam Oxoniensis cujusdam Tending to Peace and Setling BY Shewing how the Powers Civil and Ecclesiastical may act in their own Sphaeres without incroachment on one another 2 COR. 13.8 We can de nothing against the truth but for the truth 1 THES 5.21 Prove all things hold fast that which is good Imprimatur July 12. 1647. JOHN DOWNAME Printed by J.F. for Philemon Stephens 1647. QUESTION Where the Supremacy of Ecclesiastical Jurisdiction lieth ANSWER 1. IT is apparent out of Scripture That Spiritual Censures as well as Preaching and Sacraments c. are an Ordinance of God instituted for the edification and falvation of the disciples and followers of Jesus Christ Mat. 16.19 Joh. 20.23 1 Cor. 5.3 4 5 13. 2 Thess 3.6 14. 1 Tim. 1.19 20. 2. It is apparent That these Censures are formally to be administred only by Church Officers appointed thereto by Jesus Christ As the Magistrate may not (a) 2 Chro. 26.18 19 20. Preach administer the Sacraments c. so may he not execute Spiritual Censures the Keys of the Kingdom of Heaven were not given to State but Church-Officers Mat. 16.19 Joh. 20.23 3. As none can Excommunicate so none can Absolve formally but the Officer that Excommunicateth he only that bindes can loose So that in this respect the Supremacy of Power in Spiritual Causes may be said to lie in the Church-Officers because none can formally undo what they have done 4. But now we are to observe a true and useful distinction of a Church in regard of Circumstances There 1. (b) Merton of the Church cap. 8. 9. are private Churches such are those who exercise their communion only in private or secretly as it falls out in places where the Civil Authority doth not countenance but oppose and persecute true Religion Thus it was in the Apostles times when the Emperors and chief Governors of States were heathenish and thus it is now where the Civil Magistrate is heathenish or Antichristian and would not allow but seeks to exterminate true Religion 2. There are publique Churches when those that profess tru● Religion may and with the leave countenance and protection of the State do exercise their Church-communion openly in places allowed and with other incouragements indulged by the Magistrate 5. Where men are forced to hold their communion in private and so have only private Churches There they practice Religion at their own peril which they choose to do to obey God rather then men and there the Ecclesiastical Power is supreme in man●●●● of Censure there being no other Power to challenge any thing about it but what seeks not the regulating but the eradication of the true Church and Church-power But publique Churches may none set up in any State without the leave of the Magistrate whose Office it is to protect and so must have power to judge what Assemblies are good and to be protected and what not for be ought to act in his place rationally not brutishly and in reference to these publique Churches we must distinguish or observe 6 That the Power about Church matters may be considered two ways 1. Either primarily and formally as it is considerable absolutely in it self 〈◊〉 secondarily as it is to be acted in a publique Church authorized and protected by the Civil Magistrate of the place or Nation where it is exercised In the former sence the Church Officer is subordinace to none but to Jesus Christ but in the latter sence there 's a Supremacy in the Civil Magistrate and to him the Church-Officer is Subordinate For consider 7. As it is the duty of the Civil Magistrate to ●●●tect and countenance true Religion it being the improvement of his Talent and he is to serve God with all his might so it is his Priviledge and indeed Duty too to do it in an intelligent way that is by judging of that Religion which is held forth to be protected whether it be the right or no For his duty to protect Religion ingageth him not to protect any but the true Religion only which he is first to discern and then to countenance 8. As some Religions are more grosly false so some parts of a Religion which for the general is good may be corrupt or abused In which case a Magistrate is to provide caution against corruption and abuse as well as inhibite Religions grosly false As now for that part of Christian Religion Church-Censures as the Civil Magistrate is to see that Censures as well as Word and Sacraments be dispensed so likewise is he to take care That they be not abused beyond their intention either to Spiritual prejudice by too much rigor or connivance or to serve the wills and humors of men in acting private spleen He may therefore set certain Rules to be observed in the exercise of these Censures or appoint certain persons to overfee the carriage of those Censures or to receive the Appeals or Complaints of such as shall conceive themselves unjustly proceeded against And those that will not accept the exercise of their Ministery with those cautions he may choose whether he will afford them sufferance or protection in publique And for such Censures as are past in Ecclesiastical Judicatures contrary to such prescribed Rules and Cautions though he cannot make them Null or void because he hath not any formal Ecclesiastical power to absolve or binde yet he may require the revoking of them upon pain of forfeiting his countenance or toleration in publique maner or places to execute Church functions And not to obey either in revoking the sentence or relinquishing the use of publique Church-functions is to affront Magistracy and to be guilty of Faction or Sedition and the reason is plain As the Magistrate is to protect Religion so only that which is good and so far as it is good and of that so far as concerns the exercise of his own power he is to be Judge If he judge amiss the fault is his to be answered to God but we cannot hold what is in the Magistrates power to grant or deny viZ. Exercise of our Religion in publique against his leave without usurpation on him and faction against him 9. There 's a twofold obligation 1. Mortal 2. Legal the one in foro dei the other in foro humano When the Church-Officer doth his Office aright and yet observe not the cautions prescribed by the Magistrate The Magistrate is bound to ratifie and not to seek to revoke what is done morally but not legally in the court of Heven but not in foro humane that is the thing being good there 's a real internal bond upon him to ratifie it and he cannot neglect it without sin against God But he is not formally or externally bound in reference to men and therefore in that respect he is free to act with or against and the Church-Officer is bound to submit to the Magistrate not the Magistrate to the