Letter that Jesus Christ did not except against the power that Pilate tooke to judge him but rather said that that power was given him from God Thus in the fourth of the Acts Peter and John doe not except against the validity of the Court over them but freely acknowledge their Judges We are examined say they of the good deed done in the impotent man The state of the controversie was whether it was lawfull to heal any one in the name of Jesus Peter in the name of the Apostles proved it was lawfull because Jesus was an Head over the Church and was author of Salvation which they further strengthened by proofes from his Resurrection and antecedent Oracles and when they were forbidden to preach any more in the name of Jesus they replied Judge yee whether it be right in the sight of God to hearken unto you more then unto God Intimating that even the power of judging whether Jesus was the Messias did belong unto them Letter Of the Power of Kings over the lives and calling of the High Priest we have a cleare example in the 1 Book of the Kings Chap. 2. Vers 26. where Salomon saith to Abiathar Thou art worthy of death but I will not at this time put thee to death only was contented to thrust him out from being Priest unto the Lord and confined him to his house at Anatoth and oft-times the Roman Emperors and the Christian Kings have punished Bishops and Pastors with banishments stripes yea with death The Emperour Constantius did remove Liberius Bishop of Rome from the function of his Episcopacy and banished him to Berea Consideration THis example and many more he addeth are sufficient to evince that the Magistrate hath power to exauctorate or degrade and thereupon to put another in the place He that hath power to expell a Bishop from his Dominion hath also power to thrust him out of his Sea which is within the Dominion and if the Election was not an Act of the Soveraign Power either by his concession or delegation to others the Minister or Bishop could not be put out but by the power that invested him Any Act which may contribute towards the securitie peace and weal of the state is of the cognizance of the supream power of that State and the Jus sacrum was comprised under Jus publicum for the definition of Jus is the knowledge of Divine and humane things Letter IN the dayes of Valentinian Damasus and Ursicinus being competitors of the sea of Rome the sedition being grown to that height as that there was found 137 dead bodies in a Basilisk but the commotion was appeased by the authority of the Emperour who expelled Ursicinus and setled Damasus In the yeare of our Lord 420. there arose a great strife between Bonifacius and Eulalius competitors for the sea of Rome by the clashing of the Suffrages of the people of Rome to whom at that time belonged the power and right of election But the authority of Honorius intervening he thrust out Eulalius and preferred Bonifacius and withall made this Law that if it falls out that against right and by the rashnesse of the contending parties two are made Bishops we will not suffer that either of them be Bishops this Law is found in the Decree of Gratian Distinct 79. Canon si duo forte Consideration THough the election of Pastors should naturally belong to other Pastors or Christian people as naturally every one chuseth a Tutour to his sonne a Patient what Physician he liketh best a Merchant his Factor yet no doubt but the Soveraign power may exercise such actions that have no definitive bounds and rules prescribed by the dictates of nature thus in many places the Soveraigne power will provide Tutors for Pupills publick Schoolmasters for youth Physicians for Townes and Cities Besides the Factions Schismes and Heresies may so rend the State that if the supream power hath not a chief regulating hand in the election of Pastors calling or convocation of Synods it will never be able to settle the peace and security of the State upon a right Basis The Canons about elections have no life nor validity but what they receive from the supream power much lesse the elections which are regulated according to the canons and decrees Letter IN the yeare of our Lord 451. The Emperour Theodosius the II. whose piety and goodnesse is generally commended expelled Nestorius Patriarch of Constantinople and banished him In the yeare 498. a great strife happened about the election of a Bishop of Rome betwixt Symmachus and Laurentius the King Theodorick taking notice of the strife and hearing that Symmachus had been first named preferred him before Laurentius but soon after Symmachus being accused of many crimes he appointed Peter Bishop of Altin to iudge of the accusations and look to the disorders of Rome In the year 525. King Theodorick sent Iohn Bishop of Rome Ambassadour to Iustine the Emperour but this Iohn behaving himselfe contrary to his instructions Theodorick put him to death in prison Gregory the I. Bishop of Rome who wrote about the yeare of our Lord 595. writing to Maurice the Emperour calls himself unworthy servant and subject to his commands yea dust and ashes in his presence and a worme In the yeare 654. Constant the Emperour put Martin the Bishop of Rome in chaines and banished him to Chersonesus where he died Under Pepin Charles the Great and Lewis le Debonaire the power of the Romane Pontife grew by the liberality of those Kings yea since them have they been often ill intreated punished degraded and deposed by the Emperours of Germany and the Kings of Italy and the Histories of Germany France and England are full of examples of Emperours and Kings who have dealt roughly with the Bishops putting them out of their sea c. There is no doubt made when the King Clouis was a heathen but that he had an absolute power over all French both Lay and Ecclesiasticall and that retained still the a Christian he being afterwards same power else he had been a loser by his change and suffered a diminution of authority in his Empire Under the first line of our Kings Councells were assembled by their command and the Bishop of Rome never intermedled and had neither Nuncioes nor Legats in France Consideration THat the Supream power even of contrary Religion challenged power as well over Eclesiasticall persons as causes and were acknowledged competent Iudges we may see by the appeal of Saint Paul who appealed to Cesar I stand saith he at the Judiciall seat of Cesar there I must be indged and when Saint Peter not declining the Iudgement of the Councell said Act. 4. Whether we ought rather to obey God or man Judge yee And the great controversie about the Temples of Jerusalem and Garizin between the Iewes and the Samaritanes was decided by Ptolomeus King of Egypt and which was most materiall by the Law of Moses and his judgement was right pronouncing to
constrained to obedience but as they were ratified by the seale or supreame will of the Soveraigne Magistrate who usually did call and dissolved them VII Although all power and jurisdiction in all things be annexed to the Soveraigne Magistrate by that we doe not meane to diminish any thing of the nature of the Empire and jurisdiction which the Lord Iesus Christ even in this world hath over his Church whose members he knoweth by name and which he doth governe by his Word and Spirit VIII But to beleeve that the body of those that make an externall profession of the true Religion must be governed by Lawes made by persons distinct in jurisdiction or legislation from that power which belongeth to the Soveraigne Magistrate t is a thing which cannot be found in the Scripture where we doe read that the Church and Kingdome of the Iewes were the same thing and that in the Synedrium all causes were decided and all kinds of persons convented IX These things being premised as afore t is not understood that the government by Presbyteries Synods Classes or even by Bishops must therefore be abolished but onely that all their jurisdiction is like a branch or rivolet streaming from the fountain of power residing in the Soveraign Magistrate X. Neither is it understood that the Magistrate ought to give orders or preach the Word although magistracy and ministry be things very consistent no more then to create Doctrors of physick or the like but onely that the power to exercise any profession or calling externally is conferred by him and cannot be done without him XI That the calling of Lay-Elders is not of necessary use in a Country where the Magistrate is of the same Religion with the body of the people it being more then reasonable that so much or more power be granted to the Orthodox Christian Magistrate then they yeeld to the Elders in France XII Now because some think it unfit that the ministers and the causes which they maintaine to be of their cognizance should in all things be subalterne to the Soveraign Magistrate the only expedient if we beleeve them to make the Church and State to be one Christian Common-wealth under one Soveraigne power were that the Rulers and Over-seers of the Church as Ministers and Elders should have also the Common-wealth committed to them in the manner as the Waldenses or Albigenses were governed for it seemeth that such Ministers would be contented that the Church and Common-wealth were one so that they might have the whole rule and Government but rather then to misse a share they become strong assertors of a distinct jurisdiction whereof they may appropriate one unto themselves Sic hisuperiorem illi parem non ferunt A Letter Examining the foregoing Positions Sir YOu sent me certaine articles touching the Ecclesiastical policy and thereupon are earnest to know my opinion the which I was long in debate whether I should deliver or no questioning whether the declaring of my sence in this matter be of any weight or moment but since by your last you presse it further upon me telling me that some persons of wisdome and gravity and in authority in the state are earnest to know my sence and opinion thereon I have at length given way to your importunity leaving to your discretion either the suppressing of this writing or making of it publike The two first articles do lay down for a foundation that all humane actions ought to be done in faith and referred to the soveraign end which is to glorifie God and to obtaine salvation and that the duty of the soveraign visible power is to declare unto the people the will of the great Legislator and that the laws of the said soveraign power ought to be conformable at least no way repugnant to the Law of God All this is just and honest and it were a sinne against piety to contradict it The second article saith that the soveraign Magistrate hath right to regulate all humane actions which are tending to that soveraign end and that he alone ought to sway and preside over all meanes Lawes offices places and persons appertaining to the said actions else if there were two supreme Magistrates one over the actions they call Ecclesiasticall and another over the civill a great deal of confusion would ensue And that heresies schismes and wars did arise for the most part from the Popes dividing the said actions challenging to themselves the regulating of one part of them leaving the other to the Emperour and Kings thus setting up Imperium in imperio I am of opinion that there cannot be in a well composed State and so doth the scripture teach us more then one soveraign power and that all persons of what quality and condition soever are subject to the soveraign Magistrate and that the Pastors of the Church cannot be excepted or exempted from that subjection their duty being to exhort and dispose the people to be faithfull and obedient to that power by Gods providence set over them and chalk them the way by their example 1. Iosh all the people the Levites and the Priests being comprised speak thus to Ioshua All that thou commandest us will we do and whithersoever thou sendest us we wil go 1 King 1. v. 33. David saith to Bethsheba Take with you the servants of your Lord. The context shewes that Zadok the high Priest was of the servants of the King 2. King 23. v. 4. And the King commanded Helkiah the high Priest and the Priests of the second order And there he chideth them for not obeying his command in repairing of the temple S. Paul doth appeal to Cesar acknowledging him his Iudge Consideration NOte that S. Paul appeales to Caesar as to the supreme competent Iudge not onely in relation to his private person and cause but the cause of the Gospel for the question was whether there was any crime in preaching the Gospel and the Apostles acknowledge the worst of the Emperours the supreme power and Iudge Had Festus not been a competent Iudge in Ecclesiasticall matters but onely in civill instead of saying I am judged for the hope c. that is for the resurrection of the dead the chief point of Christianity he would have said I am not to be judged before thee in these matters Letter THe same Apostle Rom. 13. enjoyneth that all persons be subject to the higher powers acknowledging the powers that have the present rule to be given of God that is such as by a speciall act of his providence have the soverain power in hand St. Pet. 1.2 v. 13. Submit your selves to every ordinance of man for the Lords sake and note that the Emperour to whom obedience is commanded to be rendred was a tyrant and a most wicked man Nebuchadnezzar had subdued Iudea and lead the Iews captives yet Ieremiah speakes thus to the remnant of the Iewes not yet transported Submit your neck under the yoak of the King of Babylon and serve him
is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction restored to the Crowne by which Crowne none will I thinke understand the lawfull Heires and Successours of the Crowne but him or them that are actually in possession of the Gouernment or which is all one by the Crowne is meant the Supreame Judicature of the Kingdom for the time being where the Crowne is placed and to which the Jurisdiction belongeth what ever Title the Supreame Power for the time being may have for sure unlawfull possession of a Crowne doth not exempt subjects from the same Allegiance that the most lawfull Soveraigne can challenge for even I should much doubt whether Subjects may call any Supremacy of Power unlawfull or whether a Supreame Governour is not a lawfull Governour however possession is the great condition required for the duty of Allegiance which in expresse termes is said Eliz. 10. 50. Cap. 1. to be due to Kings and Queenes Possessors of the Crown But still the Lawes made by Henry the 4th 5th and 6th were never the lesse valid and of no lesse force for being made by Kings called pretended In the Statute Edward 4.10 Cap. 1. where some of their Acts were continued others repealed which word repealed would not so much as have been used had not these statutes been enacted in a lawfull assembly of the three states And as the validity of the Lawes under the said pretended Kings were never questioned so neither were the subjects blamed yea rather justified for bearing fealty and allegeance to the said Kings of which we have a notable example in the eleventh of Henry the seventh cap. 1.1 where in an act the Parliament declareth as a thing unreasonable against Law and Conscience that the subjects going with their Soveraigne meaning such as Henry the 4.5.6 and Richard the 3. for the time being and attending upon his person or being in other places by his commands within the Land or without should in any thing forfeit for doing their true duty and service of allegeance But the main reason why the people in England have alwayes obeyed him who was in possession de facto was because they were not to oppose the usurper till he was so lawfully declared So that I conceive had the Turk conquered England though no man can be so much devested of his reason as not to judge of him as of an usurper by a judgement of discretion yet there being by Gods providence who disposeth of Kingdomes as he will not any judgement of authority left that can lawfully declare the Turk to be an usurper I conceive I say that every Subjects duty is to impose silence to his own judgement without murmuring and commune thus with his own heart that God hath left the Kingdome without recourse that hee may dispose of it to another upon Upon all these grounds of Scripture reason and authority it being manifest that all powers that have attained to the supreame dignity are ordained of God and are to be submitted unto it followeth undenyably that every souls duty is to engage to be true and faithfull to such a power and thereupon that their priviledge is to be freed from all other engagements made to other powers I mean in such things that salva fide are alterable as to be ruled by this or that Magistrate and to be under this or that Government 〈◊〉 former engagement of that nature how circumstantially soever expressed being able to dispence any man from his present duty or from this command Let every soul be subiect to the superiour powers which are ordained of God Besides that every promise or oath of fealty and homage to a supream power is a sinfull act and therefore better broken then kept If some condition be not implyed as included in it though not expressed as it may be made evident by the ensuing queries 1. Whether an English man transporting his estate and family into a remote countrey and being minded to return no more to England is not loosed from the ties of the oath of Allegeance 2. Whether the same man may not tie himself by another oath of fealty and faithfullnesse to the supream Magistrate of that countrey where his abode is though occasionally yea consequently this oath proveth repugnant to the oath of Allegeance 3. Whether a warre being kindled between England and the countrey of his abode he finding the wrong to be on Englands side he may not lawfully adhere rather to the later oath and wage warre against England in the behalf of those among whom he liveth 4. Whether in ease the supream Magistrate be expelled and a new government setled the same man not being guilty of his expulsion and remaining still in England there is not par ratio and the like freedome and exemption from former oaths made to the expulsed Magistrate with that exemption when the same man leaving England doth swear Allegeance to another supream Magistrate in forreigne parts where he purposeth to continue 5. Whether the same man having continued ten yeares as for example in Venetia afterwards making a journey into England and finding there a new face of Government whether he must resume his obligation and tye to the oath of allegeance from which he was loosed when he was subject to the Venetians 6. And since a man leaving England is not onely loosed from the obligation to the Oath of Allegiance but also it is free for him to bequeath his Allegiance to what Lord or Soveraign Magistrate he pleaseth whether it may not be indifferent to him for matter of tye of conscience either to swear fealty to Governours newly set up in England or to other Governours in forreign parts whether they be new to him or lately come by their Soveraignty 7. Whether a Tenant holding of a Liege Lord his obligation of fealty and of paying a penny rent do not cease as to the person though not to the thing so long at least as the Lord is out of possession or that I may better english such a querie whether a freeman doing homage to his Lord of whom he holdeth in chief or otherwise swearing to become his man from this day forth for life member c. and to owe him his faith for the Lands he holdeth of him whether the said oath of homage is not conditionall viz. so long as his Lord hath possession of the Land held by the Farmer 8. Whether in those relations that are accidentall as those between King and Subjects Master and servant the promise as for example of the servant to be as long as he liveth faithfull and obedient to his Master doth not imply many conditions which not continuing do take away the obligation such are the Master decaying in his fortunes and the Servant bettering of his the Master turning out the Servant or being taken away from him 9. Yea whether without violation of faith and bonds which are between the Master and the Servant the relation may
which of them the Temple and Priesthood did belong Letter GRegory of Tours who wrote about the yeare of our Lord 585. the historie of France in the 18 chap. of the 5 book speaks thus to the King Chilperick If any of us O King go besides the path of righteousnesse thou mayest redresse him but if thou dost transgresse who shall be able to correct thee we speak to thee and thou hearest us but if thou wilt not who shall have the power to condemne thee but he that is Iustice it selfe At that time the Bishop of Rouen named Praetextat was in great reputation yet was this Bishop being accused to have adhered to Meroue who rebelled against Chilperick clapt into prison by the Kings command and sore beaten and banished to Garnsey Consideration ALL this is sufficient to prove that the Soveraigne power of the State hath alwayes challenged power over Ecclesiasticall persons by that which follows it will be as clear that they challenge likewise the cognizance and ordering of Ecclesiasticall causes and actions Letter THE Greek Emperours have called all the oeconomick Councells not expecting the consent of the Bishop of Rome and often against his consent as the first Councell of Constantinople and of Chalcedone Yea in matters of Religion and Ecclesiasticall policy one cannot deny but that the Soveraign power of the State hath made orders David made twenty foure ranks of Priests Salomon had the chief oversight of the building of the Temple and bringing in all the vessels We see in the Code of Iustinian great number of Lawes concerning not only the policy of the Church but also the purity of the doctrine as be the titles de summa Trinitate fide Catholica de Episcopis Clericis ne sanctum Baptisma iteretur By which Lawes it appeareth that the Emperours had power to punish the Bishops namely by the 123 Authentick chap. 1. the Emperour speaketh thus Si quis autem extra memoratam observationem Episcopus ordinetur jubemus hunc Episcopatu depelli Yea he there addeth pecuniary Fines Consideration AS by these Lawes in the code of Justinian it appeareth that the Emperours had power to punish the Bishops as the Letter saith so doe they much more clearely assert the right and power which the Supreame Magistrate hath not only over all causes they call Ecclesiasticall but to make Lawes and Constitutions of the same nature as the causes be Letter A Great part of the Capitularies of Charles the great and of Lewis le Debonnaire are Laws Ecclesiasticall like those we read in the Councels of those dayes The Councell of Meyns held in the yeare 813. begins thus Carolo Augusto verae religionis Rectori Defensori Sanctae Ecclesiae And the second Councell of Meyns speaks thus to Lewis le Debonnaire at the opening of it Domino Serenissimo Christianissimo Regi Ludovico verae religionis strenuissimo Rectori Defensori Sanctae Ecclesiae I doubt not but these Emperours made those Lawes by the counsell of the Bishops and Prelats within their Dominions But they were willing to have them currant under the name of their Imperiall Lawes and the stamp of their Authority for the Soveraign Magistrate is the servant of God appointed by God to see the Law of God observed amongst men and the pure worship of his name set up Consideration THe Soveraigne Power is constituted by God to the end that men might live godly justly soberly and peaceably A Heathen could say that in a Common-wealth the first care must be Religion the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist And there is good reason that the Soveraign Magistrate should seeke after that which he is in the first place to ask for which is the Kingdome of Heaven being the basis of humane society so saith Cicero Religio est humanae societatis fundamentum But that the duty of the Supream Power is equally to order the religion and the civill government St. Austin doth plainely set it downe in the third Book against Cresconius Grammaticus In hoc Reges sicut eis divinitus praecipitur Deo serviunt in quantum Reges sunt si in regno suo bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad divinam religionem In that Kings as they are injoyned by God doe serve God as they are Kings if within their Kingdom they command good things and forbid evill things not onely in things belonging to humane society but also to divine religion Letter ANd I doe not believe that in England there is any Minister of the Word of God found who doth not acknowledge a subjection to the Sovereign Magistrate but is rather exceeding joyfull that the holy Ordinances are setled by publick authority and therefore there is no feare that any of them should goe about to perswade that there must be an Ecclesiasticall Common-wealth differing from the civill and one Common-wealth within another 'T is all the fault we finde with the Pope and his Clergy that they have made Imperium in Imperio and that the Clergy by his Lawes cannot be convented before the Royall Judges for they have Courts of Judicature and Prisons severed from the civill they have their appeales to the Roman Court and are freed from taxes and impositions Consideration THat power which the Ministers doe challenge in censuring and punishing of offenders suspending from the communion or excommunicating as inherent and intrinsecall to the Ministers of the word and not being a branch depending of the jurisdiction of the Soveraign Christian Magistrate that power I say thus challenged is as much as to constitute one Common-wealth within another Letter FOr I doe not thinke that Bishops or Ministers ought to render themselves Judges in any cause civill or capitall to punish the offenders by imprisonment taxes or bodily penalties Jesus Christ never authorized them so to doe for he would not so much as accept of being an arbiter in sharing of an Inheritance For these reasons I doe not believe that those in whose hands God hath now entrusted the Soveraign Power in England shall have any ground of fearing that the Ministers so long as they discharge their calling making use of that authority that Jesus Christ hath given them have any intention to intrench upon the Power and Authority of the Soveraign Magistrate But because the third Article attributing to the Supream Magistrate a right to order all humane actions tending to the Soveraign end which is the glory of God and the salvation of souls might seem to draw this consequence that the soveraign Magistrate is judg of all actions about Ministry and the Preaching of the Word therefore the article addeth a prudent cautition viz. That we must obey the Soveraign Magistrate so long as his commands are not repugnant to Gods commands for if he should command the abjuring of the Christian Religion or bowing before an Idol or should introduce another propitiatory sacrifice for sinnes
wrath sets the most contemptible amongst men and children for Kings even children in judgement over the people that they may depend more on the King of Heaven Yet the most part what they want in personall abilities to act of themselves they recompence in judgement and discretion about the choice of Counsellours many unlearned Fathers and unacquainted in the wayes of education of children will have a good sagacity in choosing able Tutours for their children In like manner the Soveraigne Magistrate may wisely order the course of Law Sciences Arts Trades Manufactures though he be litttle or nothing versed at all in any of them And if it were required that the Soveraigne power should be exactly conversant in all the actions they order there had need to be in a State so many Soveraigne powers as there be acts and disciplines and were they never so capable yet they will do wisely to choose able Counsellours much more in a matter of so high importance as is the deciding of controversies in Religion and ordering the actions belonging to the Kingdome of heaven ubi magna negotia magnis egent adjutoribus and amongst those Counsellours none will be so fit as Divines men of Learning Gravity and Piety Thus if the Soveraigne power goeth about to reform the abuses of severall Professions and Arts within his Dominions as for example of Physick no doubt but he will joyn with his Counsell the most skilfull of that Art But that the Pastours or Ministers are not the fittest to have a Supream Iurisdiction over persons and causes they call Ecclesiasticall reason and the sad experience of former times teacheth us for were they endowed with knowledge by Revelation and had Ecclesiasticall Assemblies compounded meerely of Divines a non-erring gift not communicable to any other Assemblies of men I should willingly and necessarily admit that Divines ought to be assisting the Christian Magistrate not onely as Counsellours but also as Iudges coequall to them yea Superiours in that Iurisdiction which they challenge to themselves but the gifts of Government being not inseparably joyned with those of preaching and the Ministers not being endowed with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or infallibility more then those that sit at the Stern of the State can be I do not see but that their proper place and employment is to be counsellours to the Soveraigne power in matters belonging to the Kingdome of heaven But being falne insensibly upon the rank and station that Ministers ought to keep in a Christian Common-wealth because it is a matter complicate with the question in hand concerning the pretended Ecclesiasticall Jurisdiction distinct from the Civil it will not be amisse to discusse which of the Governments either by Bishops or onely Presbyters is most consistent and compatible with the peace and safety of a Christian Protestant State If it be admitted on all sides that there is but one power of Legislation and Jurisdiction in all causes and over all persons belonging to the Supream Magistrate I conceive that then Bishops overseers set over many Congregations besides that they are more agreeable with the Primitive institution will much ease the Supream power of the care they must take in ordering persons and causes nearer concerning the Kingdome of heaven for his inspection being but over the Bishops Factions and Heresies will not so easily spread among the multitude of the Christian people as if he were immediately to overlook the actions of the great body of Presbyters who being numerous may easily escape his eyes and have a greater freedome to innovate Therefore Moses being Supream in all causes and over all persons It was a wise counsel of Jethro his father in Law to wish him to set under him men over the people who besides that they bore the burden with him those men being far lesse for number then the people it was easie for Moses to oversee them But under those Magistrates who should condescend to a divided and distinct Iurisdiction one being civill and exercised by themselves the other Ecclesiasticall and of Divine right belonging to the Ministers of the Gospell In that case I do conceive that few Bishops set over Presbyters and being Independent from any other power have a greater opportunity to Lord and tyrannize over the Christian people then a numerous company of Presbyters of the same rank and equall Authority can have Letter NOw for that the Author of the articles would have this distinction of civill and spiritual abolished 't is a thing very hard to change and alter the nature of things as if one would take away the distinction betwixt black and white Let men doe what they can and say what they will the questions about Faith will be still spirituall things and suites in Law for money or houses will be still civill and temporall matters If we change the words the nature of things cannot suffer alteration Consideration THe Magistrate is no more head of two things Church State then of thousand kinds of actions in a Christian Common-wealth which for every one of them needs not a particular Soveraign a Power Now these two things Christian Church and Common-wealth cannot be so much as conceived to have a reall being without each other for as every man is a reasonable creature and every reasonable creature a man so every Christian Common-wealth is a Church and every Christian Church a Common-wealth I speak of those Churches that have as large and spacious extent of place as the Common-wealth it selfe for in some other sence a family in a house is called a Church and according to that acception every Church should not be a Christian Common-wealth I think the Church is not different from the Christian Common-wealth more then the understanding is from the Soul for as powers and faculties are believed by great Philosophers not to be distinguished really from the Soul however though there should be a difference it cannot be so distinct as that the power can have a distinct being from the Soul but that at least all powers are subaltern and subordinate to the chief power called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which sits at the stern of all faculties and directs and modifies all actions though never so severall contributing as well to ratiocination and vision as to the coction and expulsion In the like manner that Soveraigne power in a State though one in essence hath its severall faculties or powers from which severall actions do stream tending to the ordering of the whole man in his being and well-being as well in things of the inward man as the outward And to follow he analogy between the body of man and the State it is no little illustration to beget belief that as the primum movens or Soveraigne power is one and extends it self as far as it is circumscribed by the cuticula or thin skin there being not one Soveraigne power for the head another for the lower regions and a third for the hands and feet So in
and over all persons no prophet in his time prophesied but the 70 Elders who yet prophesied by the spirit of Moses communicated to them In Joshuah's time the Regall or Civill Supreame Power was joyned with the Sacerdotall and seated in Eleazar as we may read Numb 27. vers 18 19. c. And St. Peter in his 1 Epistle chap. 2. vers 9. he coupleth them together or rather maketh but one of them calling the Common-wealth of Israel a Royall Priesthood That these Powers were no lesse divided in Samuel appeareth by the word of God to him 1 Sam. 8. ver 7. They have not rejected thee but me as if he should have said this people is weary to be under thy government they must needs have a King of their owne but in so doing they have not so much cast thee off as me who had set thee over them After Saul the High Priests attempted nothing except it were by a speciall command of God without the Kings consent Thus when the Booke of the Law had been a long time lost and then found the Priests enquired of the Lord concerning that Book by the command and direction of Josias so that the supreame visible authority to judge whether the Booke found was to be received for the Law of Moses and the word of God did only belong to the King as we see in the 2 Book of King chap 22. 23. where we read that the King called together all sorts of men viz. Elders Priests Prophets and all the people and read the Book of the Law before them all and withall was the author of the Covenant to which all the people stood under the word people all ranks of men being comprised After the return from the captivity it is knowne that the Sacerdotall Kingdome was againe set up as it was in Joshuah's time and under the Judges Letter IN the 10th Article he saith it is not understood that the Soveraigne Magistrate ought to give orders which concession will serve to keep a part of the authority belonging to the Ministers for if the ordination doe belong to none but the Pastors only it followeth that to them only belongeth the degrading and exauctorating of Ministers which are either vicious or hereticks or yet uncapable They may take away what they have given but still the punishing of them for crimes is in the power of the Soveraign Magistrate Consideration THere might be yet a question made whether when the Supreame and Regall Power is set in it hath not much of the Ministeriall and Sacerdotall Office annexed to the Regall calling and paternall Right for 1500 yeares together the Soveraigne Power was joyned with the Sacerdotall and among the chiefe Cities of Greece the Kings were Priests omnino apud veteres saith Cicero qui rerum potiebantur iidem auguria tenebant ut enim sapere sic divinare regali ducebant The division that was made to Aaron was not of the Soveraign Power but of the exercise of the Office Besides Aaron was an expresse figure of Christ our great High Priest which office near the time of Christ even soone after the Captivitie was againe confounded with the Regall but not to make use of this plea I say it is of ordination as of taking of the degree of Doctor of Physick or Law in an Academy This co-optation though made without the speciall privacie of the Supream Power yet in generall 't is not done without his consent permission he hath stil an inspection over the man quatenus Physitian or Lawyer and so long as he exerciseth the profession In like manner though the Soveraigne Power doth not ordaine this particular man yet is ordination of his appointment and one of his Lawes though it comes first from God for so doth the morall Law which notwithstanding after it hath been published under certaine penalties becomes the Law of the Supream Legislator of the State we have amongst the Constitutions of Justinian some bearing that title De ordinatione Episcoporum Clericorum Letter NOw if the Orthodox Magistrate under whose shadow the Church subsisteth and the true Religion maintained should transgresse the limites vindicating to himselfe more power over the Church then God hath given him in his Word I shall alwayes give counsell to the Pastors of the Church and to the people to beare that yoake with patience without murmuring giving thankes to God for bestowing Magistrates who are conservators of the purity of the Gospel under whose shelter and protection the souls are directed to the way that leads to salvation Consideration I Conceive that if the Soveraigne Magistrate takes upon him the care of ordering Church matters that the Pastor and Church have a yoak so much the lighter and therefore have need of lesse patience to beare it then if they carried it themselves neither doe I conceive that the transgression here mentioned in the Letter can be any trespasse in the Magistrate and though it were one that it is not much materiall nor of any dangerous consequence he having as the Letter saith the maine qualification required in a Magistrate which is to be conservator of the purity of the Gospel and besides the main end being obtained which can ever be desired and aymed at in any government which is to be directed to the way that leads to salvation But suppose that the Magistrate abuseth his own power over the Christian people in ordering the things which concern the Kingdome of God I doe likewise conceive that here the Magistrate does trespasse as a tyrant and not as an usurper and is like him that is drunke with his owne wine and not with anothers in which there is yet a double trespasse the one against his owne body the other against the good creature of God which he spils to no purpose But as they say by way of proverb right is right still and wrong wrong in what ever disguise they appeare So mischiefe is a mischief still and as great a mischief in the Soveraigne Magistrate whether his power exceedeth in things they call Civill or things which pertaine to the Kingdome of heaven though the inconvenience be farre greater in mis-ordering the latter God having equally entrusted him over all persons and causes in a Christian Common-wealth In the discharge of which trust it were to be wished that all Christian Magistrates would governe without that distinction of Powers Ecclesiasticall and Civill FINIS February 25. 1649. Imprimatur Nathaniel Brent