fully it will not be difficult to evince the Necessity of it that is to the well-being of Churches For whatsoever thing is useful in Spirituall Affairs is in the same degree necessary I argue thus If the Ruling and Coercive Power in a Church extends it self no further than its own Members if one particular Church cannot suspend excommunicate or exercise any the like Jurisdiction over another it will then follow vvhatsoever benefit or advantage Churches or their Members are supposed to have and reap by being under any external Ruling Power here on Earth this may and ought to be expected from the Magistrates Ecclesiastical Power and no other His being the only Power that is of such an Extension and Compass as to be over all Persons and Societies within his Dominion For the further Explication and Confirming â—f what is asserted I shall lay down some Consideratiâ—… and then answer Objections Purposely enlarging upon this Argument as teâ—ding much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these 1. Consid There is no Power or Authority either in Church or Magistrate that doth directly and immediately compel or enforce the Soul Pains Penalties Restraints bodily Punishments or what comes nearer and is more spiritual as Admonition Suspension Excommunication or the like When Persons in any of these ways are judged and censured by the Church or Magistrate or both it hath its Fruit and effect in respect of Morals only in a more remote and circular way as by working upon the Judgment and Affections for there is no created Power can reach the Soul to put upon it any immediate Force or Restraint further than by applying such means discovered by the Scripture or Light of Reason as are apt and sutable to set the Soul and Conscience of a Man to work upon it self We term it Coercive in difference from what is only directive and perswasive for according as the Lord hath appointed means to this or that end accordingly he works and so we ought to judg and speak Now besides means appointed for Instruction and Perswasion God also hath added Discipline a means morally coercive which hath Pain and Shame it 's a Punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Destruction of the Flesh therefore a means morally Compulsive and more than meerly perswasive the Rod and Reproof is more than a single Reproof 1 Cor. 4 21. Prov. 29.15 it is a Correction which is compulsive a Servant will not be corrected with Words Prov. 29.19 To make all but directive is to confound the Keys The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment Mr. B. in his first Dispute p. 6. There is the Word read Gospel preached and visible Seals we are to judg a greater and more effectual Exhibition of Christ in the one than in the other yet all alike to a carnal and unbelieving Soul 2. Consid 2. There are two great and Catholick Bodies or Kingdoms immediately and invisibly governed by the Lord and his Christ The World and the Church made up each of lesser Corporations as Cities Families particular Churches c. I say invibly and immediately for as God is invisible so what he acts immediately he acts invisibly As the Church is distinguished into visible and invisible so is the Power by which it is governed Invisible as in a secret and mysterious way and immediately from the Lord And thus are all Kingdoms Nations Tongues and Languages united as in one even the great bulk of Mankind as also the Catholick Church that great Body of Saints they are all thus governed by the Lord and by the Lord alone and not by Man Visible as where these great Bodies of Men and Christians come to be cantoned parcelled and formed into Political Bodies governed by Men in an external and visible way Whit. Tract 3. c. 6. p. 181. These visible Bodies are either greater and containing as Empires Kingdoms Provinces c. Or those that are less and contained as Cities Colledges Parishes Families and the like whether they be Civil or Ecclesiastical These lesser though they have the Compleatness of a Body or Corporation each in its kind and sufficient Power to govern it self yet not to govern one another A Church hath not Authority to govern a Church nor a Family or the chief in it to govern a Neighbour-Family The Light in the least Star is sufficient for it self but not to rule the Day or the Night as the Sun and Moon These lesser Bodies are therefore so composed in their several Regiments that many of them together may lie in the Bosom of a greater Corporation and it will be for their better and more comfortable subsisting and Government There is no external Coercive or ruling Power that falls in and fills up the space betwixt those great and Catholick Bodies the World and the Church and those lesser and lowest Regiments and Societies but what is or ought to be expected by or from the Civil Magistrate who is to be acknowledged of his Subjects whether Ecclesiastical or Civil under God to be over all 3. Consid 3. These lesser Societies therefore ordinarily are found under a twofold Regiment or Discipline The one intrinsecal and peculiar which in Families is received from the Light of Nature and from the Light of Institution in Churches The other more General and Common And these lesser Bodies come under it by reason of their Situation being within the Confines of such a Republick they are under the Jurisdiction of the Princes thereof Each Prince saith Mason De Episc lib. 3. c. 5. hath Power in subditos suos ac proinde in Ecclesiam modo subditi sunt Ecclesiae If situated where there is no formed Common-wealth King or Supream Power over them they are as a Free-State each Family City and Church immediately under God and Christ and no other Power but what it hath in it self which being a Power not derived from the Magistrate but peculiar to a Family or Church remains in them though no Magistrate Such was the Family and Church-state in the time of the Patriarchs for two thousand Years Consid 4. As it is a Happiness to a People that live in Empires and Kingdoms that these are parcels of that World which hath the righteous God to govern it who is the King of Kings and Lord of Lords 2 Kings 19.15 So is it likewise to these lesser Bodies a Family or a Church that they are situated under the Wing of a Christian and well-governed Common-wealth Where their Governours may be under some Government and in Wrongs and Disorders they may have the Benefit of a Magistrate's Authority to appeal unto CHAP. V. 1. The first Objection answered 2. The Government
Congregation say our Brethren Jus divinum Regim p. 230. hath equal Power one as much as another according to the trite and known Axiom Par in parem non habet imperium An Equal hath no Power over an Equal ' Ecclesiae institutae parochiales integrae sunt inter se collaterales potestate Ecclesiastica aequales saith Voetius Disp de Polit. Eccles p. 3. Which you may English out of the English Puritanism thus ' Particular Churches are in all Matters equal and are entrusted by Christ with the same Ecclesiastical Power and Authority Cap. 2. §. 3 ' Jewel Reynolds Whitaker and most of our Divines against the Papists are large in their Disputes for a parity of Churches and Mr. Parker hath written a whole Chapter de paritate Ecclesiarum De Polit lib â—… cap. 21. Some make a particular Church to be of larger Extension as a Diocess a Province c. but that altereth not the State of the Question A DIGRESSION 1. Of Independentism Name and Thing 2. It s consistency with the Kings Supremacy THis State of a particular Church namely their equality in respect of Jurisdiction or coercive Power one over another was wont to be expressed by INDEPENDENCY which though now it be a term of Reproach yet formerly made use of by good Authors as very fit and significant to set forth this Priviledge of each particular Church compleat and intire namely their not Dependency or Subjection to the Jurisdiction of another Church as their Head and Superior Dr. Jackson in his learned Treatise of the Church Cap. 15. Cap. 119. useth this term frequently Unity saith he in one place of Discipline or of INDEPENDENT Judicature is essential and necessary to the Church as visible Hence there be as many distinct visible Churches as there be INDEPENDENT Judicatures Ecclesiastick Dr. Sibbs thus Gospel-anointings pag. 94. Particular visible Churches are now God's Tabernacle The Church of the Jews was a National Church but now God hath erected particular Tabernacles Every particular Church under one Pastor is the Church of God a several Church INDEPENDENT The Church of England saith the same Author is called a particular Church from other Nations because it is under a Government Civil which is not dependent on any other Foreign Prince Each Church saith Voetius Desp Caâ—… â—ap lib. 3. §. 3 c. 4. as it hath its proper Form of an Ecclesiastical Body or Society so it s endued with its proper Government and Jurisdiction which it exerciseth DEPENDENTLY upon Christ his Word and Spirit but INDEPENDENTLY in respect of all other Churches Mr. Bates Treatise printed Anno 1613. One Company of Men assembled hath no Authority to impose things upon many Churches 1. None now have Apostolick Authority 2. Each Congregation is a Body INDEPENDENT of any Ecclesiastical Power There is no Ordinance of God for this saith Mr. Banes that Churches within a circuit should be tyed to a certain Head-Church for Government pag. 8. and pag. 13. We affirm that no such Head-Church was ordained either vertually or actually but that all Churches were single Congregations equal INDEPENDENT each of other in regard of Subjection Every true Church saith one A Collection of sundry matters Anno 1601. now is an INDEPENDENT Congregation and in another place The Congregational Body Politick spiritually INDEPENDENT is Christ's Divine Ordinance in the Gospel One ordinary Congregation of Christians is a spiritual Body Politick INDEPENDENT That is it hath the Right and Power of spiritual Administration and Government in it self and over it self by the common and free consent of the People INDEPENDENTLY and immediately under Christ Confession of Faith p. Anno 1601. This was the Opinion generally of N. Conformists as is observed by one of themselves in the Name of the rest as also by B. Downam Sermon at Lambeth p. 5. They that is the N. C. say that every Parish by Right hath sufficient Authority within it self immediately derived from Christ for the Government of it self in all Causes Ecclesiastical To the Parishional Presbytery consisting of their Parish-Bishop and his Elders they do ascribe that sufficient immediate and independent Authority for Ecclesiastical Government for every proper visible Church That Independency of Churches was asserted by those learned men of a former Age in relation only to a superior Church-power properly spiritual and such as is claimed jure divino and not in relation to that Ecclesiastical Power which is in or exercised from the Civil Magistrate Some of them have thus described a particular Church It 's a Body Politick spiritually independent or independent in relation to a spiritual Superiority which is expressed fully by him that wrote Church-Government with the Peoples consent pag. 115. Though we affirm the Church-Government is independent and immediately derived from Christ yet we affirm also that the Civil Magistrate is even therein that is in Ecclesiastical Matters Supreme Governor civilly And though nothing may be imposed on the Christian Churches against their Will by any spiritual Authority for so only we intend yet we affirm withall that the Civil Magistrate may impose on them spiritual Matters by Civil Power yea whether they like or dislike if it be good in his Eyes that is if he judge it within his Commission from God And such an Independency hath been pleaded for also and argued by them to be much more consistent with His Majesties Supremacy than a DEPENDENCY or Subordination of Churches to any spiritual Power And it was their professed Judgments That no External Power ought to be exercised in spiritual Matters any where within that space betwixt a particular Congregation instituted by Christ and the Catholick Visible Church by any person but the Civil Magistrate or by his Appointment Take their own Words They that make claim Jure Divino of Power and Jurisdiction to meddle with other Churches than that one Congregation of which they are Members do usurp upon the Supremacy of the Civil Magistrate who alone hath and ought to have a power of Jurisdiction over the several Congregations in his Dominions c. A Protestation of the King's Supremacy made and published in Anno 1605. §. 27 and in §. 28 The King himself is to be General Overseer of all the Churches within his Dominions and ought to employ under him fit persons to oversee the Churches in their several Divisions visiting them and punishing whatsoever is amiss in any of them Mr. Bradshew in the Vnreasonableness of Separation against Johnson writes thus It 's their principal Honour speaking of Archbishops and Bishops to be Commissioners and Visitors in Causes Ecclesiastical under the King over the Pastors and Churches of Provinces and Diocesses In his Answer to Johnson's first Reason And in his Answer to his second He questions him thus 1. Whether the Supreme Magistrate hath not Power to oversee and govern all the several Churches within his Dominion yea whether he be not
both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ Râ—v 1.16 out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Dominium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists ' We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction over many Churches much more over whole Kingdoms and Provinces of Churches ' Dr. Bilson speaks much to this purpose ' Tho saith he Of Supremacy pag. 238. Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter Holy Common-wealth pag. 220. containeth all the People in a whole Nation or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. ' We see saith Sir Fr. Bacon Considerations about Church-Affairs in all Laws in the World Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power meddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern making the same Fault Treason in one Age that in the next not so much as Imprisonment 1 Eliz. cap 1. with 35 Hen 8. But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be the same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo Carbo de Leg. lib. 2. cap. 8. tum Ecclesiastica tum Civilis sit à Deo tamen non codem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1
with a part only 2d Instanceâ—… This Oeconomick and Domestick Power is intrinsick and essential to a Family and is a Power derived immediatly from the Lord by the Light of Nature and hath not its original from any Power on Earth Families being much more ancient than Common-Wealths So Government or Discipline is intrinsick and inseparable from the very Essence of a Church received immediately from Christ and not the Grant or Constitution of any Secular Prince or State Churches are endued saith Dr. Jackson Jackson of the Church cap. 8. §5 with a Judicature immediately derived from Christ and independent upon any Earthly Power or any Power whatsoever on Earth whether Spiritual or Temporal Bishop Bilson expresseth it thus Bilson of Suprem p. 171. The Things comprised in the Church and by God himself commanded to the Church these Things are specified in pag. 227. to be the Word Sacraments and Vse of the Keys or Ecclesiastical Power and Cure of Souls are subject to no mortal Creature Pope nor Prince And those of another Persuasion are to the same purpose ' The Church saith Mr. Rutherford Peaceable Plea p 300. hath the Keys from Christ equally independent upon any mortal Man in Discipline as in Doctrine A Power and Right to Discipline saith the same Author Due Right of Presbyt cap. 9. §. 9 is a Property essential to a Church and is not removed from it till God remove the Candlestick and the Church cease to be a visible Church ' Potestas ipsa de jure c. Power saith Dr. Ames Cas con lib 4. cap. 24. p. 4. is so much the Right of a Church as it cannot be separated because necessary and immediatly floweth even from the Essence of each true Church There are Authorities enow to be produced from the Writings of the Learned for the confirmation of this particular All grant there is a Government jure divino I speak not of this or that Form and by the appointment of Jesus Christ It is denied by none but Erastus and those that follow him who may as well deny Praying Preaching or Sacraments jure divino It is as expresly ordained that Discipline be exercised in the Name of Christ as to preach pray or baptize in his Name There are certainly Things of God that are not the Things of Caesar And if those Things upon which Christ hath put his Name be not peculiarly his I know not where we shall find the Joint As we say there were Families so particular Churches before any Commonwealths were and Christian Churches and Discipline exercised many Years before any Emperors or Kings were Christian And therefore as Families have many Privileges so peculiar and by the Law of Nature so much theirs as are never touched or infringed by the Supreme Power of any Nation So likewise it is with Churches they have very many Privileges so evidently theirs from the Law of Christ and their spiritual Constitution as Christian Magistrates will do their utmost to preserve and cherish and not in the least infringe It is a part of Magna Charta 3 Hen. 3. cap. 1. Concessimus Deo hac presenti Charta confirmavimas pro nobis Heredibus nostris in perpetuum quòd Ecclesia Anglicana libera sit habeat omnia jura sua integra Libertates suas illaesas And it is mentioned in the Oath our Kings take at their Coronation that He shall keep and maintain the lawful Rights and Liberties of the Holy Church 3d Instance A third Particular or Instance of what we have supposed in the former Considerations is this The lesser Corporations Cities Families and the like have not Authority or Jurisdiction one over another It is the same with Churches each having the Fountain and Original of their own Power as before is shewed immediatly proceeding from Christ in themselves and not elsewhere or one from another cannot by any Art or Device of Man be made to rise up above it self as it doth if one Church exerciseth a Power or Jurisdiction over another There is no Invention of Man that by contriving Pipes or any other Artifice can make Water freely and naturally run higher than the Spring-Head Tho that Jurisdiction which hath its rise in a particular Church be pumped up into a Classis or Synod it is but the same it was before Synods saith Parker out of Chamier Polit lib. 3. cap. 13 §9 nullam habeant Authoritatem c. They have no Authority but what is derived from particular Churches So Voetius Disp de Polit. Eccles p 5. There seems to be a great Emphasis in those Particles of Propriety Children obey your Parents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ephes 6.1 so to Servants And speaking of the Relation of Husbands and Wives by which is set forth our Obedience to Christ and his Officers it is more appropriate Ephes 5.24 As the Church is subject to Christ so let the Wives be to their own Husbands it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 propriis viris not only theirs but their own Husbands It is said 1 Tim. 3.4 One that ruleth well his own House 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So of Ministers Know them that labour among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and are over you in the Lord 1 Thess 5.12 and in Heb. 13.17 it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Duces vestri your Captains Officers in Churches being as exactly limited as in an Army There is no Power in a Superior to command where no Obligation upon the Inferior to obey And therefore the Lord seems by these Expressions to limit both Church and Family-Power within their own Walls This is the Judgment of the Learned of each Persuasion Bishop Davenant Nota est Jurisconsultorum regula c. It is a ' known Rule of Lawyers A Sentence given by him that is not his Judg is void in Law But particular Churches are not the Judges of private Persons that are of other Churches how much less then over the Churches themselves such Sentences were to be slighted and contemned as of a Judg that presumeth to make Laws out of the bounds of his own Jurisdiction ' Nec potest nec debet saith the same Author elsewhere De judice cont cap. 16. p. 90 particularis una Ecclesia judiciaria authoritate aliam sibi non subjectam a Catholica abscindere quaelibet enim Ecclesia filios suos ad consensionem in Doctrina publicê stabilita censuris adigit Sed fratres Ecclesiarum externarum monet pro officio charitatis non punit pro imperio potestatis Dr. Field as a common Resolution of Divines tells us Of the Church lib 5. That if a Bishop ventures to do any Act of Jurisdiction out of his own Diocess that is his particular Church so cap. 30. as to excommunicate or absolve or the like all such Acts are utterly void and of no force The same thing saith Dr. Crakanthorp cont Spal cap. 28. pag. 177. ' Every
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
bound so to do 2. Whether for his further help and assistance herein he may not make choice of grave learned and reverent men to assist him in the same Government 3 Whether by vertue of his Power these persons thus called to assist the Supreme Magistrate may not lawfully try the Gifts of Ministers within his Dominions convent them before them examine how they have behaved themselves in their places and punish the blame-worthy In a Petition also to King James for Tolleration That your Highness would afford us and assign to us some persons qualified with Wisdom Learning and Vertue to be under your Highness our Overseers for our more peaceable orderly and dutiful carriage of our selves both in our worshiping God and in all other our Affairs at your pleasure To whom with all Readiness and Subjection we are willing to be accomptable and answerable always The opinions of learned men about Church Matters Government especially were collected together in a Treatise which was put into Latin by Dr. Ames and in an Epistle of his prefixed avouched by him who was a man much studied in those Controversies to be the Judgment of Cartwright Fenner Fulk Whitaker Rainolds Perkins Brightman and those that were more Ancient As Wichliff Tyndal Regers Bradford Gilby Fox Moore Dearing Noel Greenham Dogmata ista c. These Tenents saith he were either their Principles or so conjunct with them as not to be denied theirs Christ Jesus saith the Author hath not subjected any Church or Congregation of his to any other Superior Ecclesiastical Jurisdiction than unto that which is within it self the Civil Magistrate alone upon Earth hath power to punish a whole Church or Congregation Cap. 2. §. 3 and more fully in §. 12 They hold and believe saith he that the Equality in Ecclesiastical Jurisdiction and Authority of Churches and Church Ministers is no more derogatory and repugnant to the State and Glory of a Monarch than the parity or equality of School-masters of several Schools or Masters of several Families Yea they hold the clean contrary that Inequality of Churches and Church Officers in Ecclesiastical Jurisdiction and Authority was that principally that advanced Antichrist unto his Throne and brought the Kings and Princes of the Earth unto such vassalage under him And that the Civil Authority and Glory of Secular Princes and States hath over decayed and withered the more that Ecclesiastical Officers of the Church have been advanced and set up in Authority beyond the limits and confines that Christ in his Word hath prescribed unto them And in Cap. 6. §. 6 They are said to deny a principal part of the Kings Supremacy that hold any Jurisdiction or Offices over Churches jure divine and not by the will and pleasure of the King and Civil States of the Realm And from what is said cap. 5. §. 12 It is evident that this way is as little prejudicial to the Subjects Liberty For it s expresly there said If any Member of a Congregation being under a crime shall of himself forsake Communion with the Church that then the Ecclesiastical Officers have no authority or jurisdiction over him but only the Civil Magistrate Parents or Masters c. So that as persons are free otherwise than from conscience of duty to joyn with these Assemblies so also to leave them remaining always under the Magistrates Ecclesiastical power and care I have made this Digression not only for the matters sake which is very sutable to our present Subject but also to vindicate the Congregational way 1. That it is not such a Novelty as is pretended This of the equality of Churches and thence and Independency from which we are reproachfully surnamed seems to be the worst of our Tenents Yet it appears to be no other but what the reverend and learned of a former age have asserted Nor do I know any other of their opinions or practices but may as easily be remonstrated to be the assertions of those holy men Nor secondly inconsistent with civil Magistracy or with their Power in Ecclesiastical Affairs And as a further Testimony hereof they take the Oaths both of Allegeance and Supremacy Professedly assent also to All the Articles of Religion which concern only the Confession of the true Christian Faith and the Doctrin of the Sacraments comprised in a Book entituled Articles whereupon it was agreed by the Arch-bishops and Bishops of both Provinces and the whole Clergy in the Convocation Anno 1562. for the avoiding of diversity of Opinions and for the establishing of consent touching true Religion as is required by Stat. 13 Eliz. cap. 12. And do humbly hope living peaceably under his Majesties Government they shall obtain their share in that Indulgence his Majesty graciously purposed to shew to such persons as through want of full satisfaction differ in smaller matters from the present Establishment 4 Instance A fourth Particular which ariseth from the former is this Families being not subordinate one to another they cannot associate or unite into any large or great Body and therefore do and may more conveniently retain their Government though it be peculiar and distinct in any Common-wealth of what form soever without prejudice to the Peace and Welfare of it So is it with Churches their State and Government as it is appointed by Christ is such as is consistent with and no prejudice unto any civil Powers under whom they are situated And that upon this account principally Having no Dependency in Respect of Power or Jurisdiction one on another they cannot in their own Sphere enlarge themselves by Subordinations to a political Body of any such Extension and Greatness as may render their Obedience or Compliance more doubtful or uncertain It is matter of Jealousie with Princes and States when there is in their Dominions a Body large and extensive firmly joyned and compact in it self of an interest peculiar and not holding of them Particular Churches are of a small compass sometimes comprehended in One ordinarily but of a few Families So that in this respect though their Interest and Government be peculiar they may retain it and for substance the same as Families do throughout the World Which will further appear in the following Considerations 1. It is granted on all hands That the Lord hath limited his Church to a Government which is perpetual and for substance to be the same in all places As also that the Nations from their Civil Government variously and as they judge most prudent 2. Since the Wall of partition by Christs Death was broken down The Gospel and Christian Churches were by Christs commission to be planted in all parts of the World It stands therefore with common reason that the Church Government Christ hath left us is of that Nature as without any substantial Alteration may comply with and not be prejudicial to any Civil Government 3. If particular Churches by Union become one body for extention as large as the Civil State There will hardly be a
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
cognizance whereof is taken by a Synod at Edenhurgh Civil censures are for Satisfaction of the whole Nation and not the Parish or Borough only where the crime was committed but in a Church-censure the particular Assembly being only and no other Congregation or person morally leavened and charged with the offence are principally and in the first place concerned to have satisfaction of the repentance and submission of the person offending For by this means only their Lump or Church becomes again unleavened 4 Disparity 4. The other End before mentioned and Vse of Appeals is that our Judges and their Sentence be censured and judged by superior Tribunals To which proceeding the Judges in Civil Judicatures are liable but there is not the like Subordination in Churches for these Reasons Vnaequaque res per quascunque res nascitur per easdem dissolvitur 1. All the Power and Authority placed in their Inferior Courts is no other but the influx of the supream Civil Powers to whom we always make our last Appeal and therefore proper to them to suspend Actings nay utterly to destroy in part or in whole what Jurisdiction is derived from them as appears in the Constitution of all Kingdoms But it is not so here a particular Church The Court we are to Appeal from hath not its Being or Jurisdiction from a Classis or Synod * Ecclesia Parochialis est Ecclesia vera essentialiter integraliter absque ulla correspondentia vel Synodo Voet. de Syn. pag. 13. these rather derive their Power from it being Representatives only as our Brethren have formerly written Particular Churches they term Ecclesiae primae and Synods Ecclesiae ortae Again if Synods as they grant exercise over Churches a Power only cumulative not destructive How can they Excommunicate a Church seeing Excommunication renders a Society as Heathens and Publicans which is to unchurch them as Mr. Rutherford rightly affirms * Parker de Polit Eccles lib. 3. cap. 13. * It is an authoritative unchurching of an obstinate Church we plead for Ruth peaceable Plea cap. 15. p. 223 and p. 222. Excommunication is an authoritative unchurching 2. Although whole Churches may be punished for male Administration by the Civil Magistrate yet may not an Ecclesiastical Power meerly such do the like for to destroy or save whole Societies for the Evil of a major part or a few persons is the prerogative of the Lord himself which he communicates also in some cases to Civil Magistrates his Deputies but in no case to Churches it being an Authority high and Princely and not at all sutable to such as have only a Ministry and not a Dominion Bishop Davenant tells us Brotherly Communion c. 9. p. 102. That a Censure is not to be drawn on the whole Body of the Church for as the Laws forbid to Excommunicate a Society or Corporation because it may happen that those that are innocent may be intangled in the censure So Right and Religion forbids to exclude whole Churches from the Communion of the Faithful because this cannot be done without an injury and contempt to many that be innocent What ever formerly of this same unchurching power in Synods hath been asserted yet since upon further debate we are told this same Excommunicating of whole Churches is a thing not known in the Presbyterian Government and not the Churches but particular persons in the Churches are censured Assemb disputes pag. 180. But how can we say single persons only are to be censured and not the whole Church Whenas we know the contending parties of what condition soever are both equally liable to the Censure of the Judge Now when matters are brought by Appeal to a superior Court the Court Appealed from is a Party and in this respect upon no higher terms than the pars appellans though a single person But grant it be so and that the object of a Censure from a Synod be only particular members Then 1. Churches cannot have such a remedy as in Civil States for Appeals of this Nature are not to be made to any but persons invested with such a power as may suspend or make void in part or in whole the power of that Court by whom the wrong hath been done and Appealed from as hath been shewed Excommunicatio ejusque denunciatio post appellationem legitimam latam est nulla Nardus p. 53. col 2. 2. If there be no Power in a Synod of such a proportion superior to a Church as to censure it by Excommunication or Suspension at least Then will the Members of this Church by admitting such Appeals be necessarily under a twofold Jurisdiction not subordinate which tends to the greatest confusion imaginable For if the Synod and the Church in their Light and Apprehensions vary about the condition of an Offender one of them may in Conscience be bound to justify whom the other condemns 3. There is no supply of a supposed Defect or Addition of what was not before for if their superior powers Excommunicate particular Members only and not the whole Church This is nothing more than each particular Church hath power to do And it is as much an Ordinance of Christ where two or three that is a lesser number are gathered together as where a greater a Censure by the Church at Keneria is as much a Censure as if by Corinth If a Quarter Sessions Execute a man it s as much a Judicial deal as if judged by the Assize Kings-Bench or Parliament The reason is obvious it s the Law that judges him not this or that Judicature So it is the Law and appointment of Christ that Excommunicates not this or that Presbytery greater or less and this Law is the same to all We come now to the other part of the Argument drawn from the light of Nature If Appeals be not there will be a defect in Christ's Government Persons are left without remedy for wrongs done by whole Churches I answer with Suarez in the same case Argumentum est saith he De virtute Tom. 4. p. 99. ab specie ad genus negativum defensio est genus latius patet quam appellatio Potest enim ad superiorem recurrere per simplicem quaerelam vel per modum supplicationis c. quod est sufficens remedium diversum appellatione multo magis decens religiosum statum It is an Argument from the Species to the Genus there are other ways of defence We may have recourse to a Superior by simple Complaint or by way of Supplication which is a sufficient remedy and divers from an Appellation and much more becoming the state of Religion thus that Author More particularly we therefore Answer 1. There may be a sufficient defence or remedy though not by Appeals 2. There may be Appeals though not in such a way 1. For the first this Address or Recursus to others Superior or equal is not for the putting forth any Act of