Pastors or society of Christians get an increase of power of Jurisdiction and Legslation if they be a Law unto themselves and practise the duties of piety and exhort one another so to do Plinius the younger in the 97 Epistle to Trajan and the tenth book where he speaks of Christians saith that one of their crimes was that they joyned themselves in a covenant to live unblameably not to steal not to commit fornication not to defraud his neighbour and the like I believe that none will from that practise of the Christians argue that they took upon them more power for so doing then they durst under a Christian Magistrate except he were of the mind of some of late in Authority in England who disliked and endeavoured to suppresse all godly private meetings under pretence of Factions Sure if I mistake it not it will be found that the Pastors power of the Keyes had no life to compell the disobedient to Gods ordinances till they received it from the Soveraigne Magistrate when he gave his name to Christ who both more honoured and exalted Gods ordinances raising them from the dust and added weight to the heavenly messages by the mouth of the Ministers by being a terrour to the evil and punishing the ungodly To the power of persuasion and declaration he addeth that of coaction in which the Pastors have nothing to do The Bishop saith Saint Paul must not be a striker 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And hereupon Chrysostome saith well If a man is drawn from the faith the Priest must undertake with patience to exhort him for he cannot redresse him by force onely he must strive to perswade him to bring him to the right Faith Pastors saith the same Father are appointed to preach 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to rule or command with authority Letter HEre I dare say that the Reformers of the Doctrine of the Pope have not retained the Keys that were under Popery In reforming the Doctrine they have also reformed the abuses cleaving to the Keyes which are abominable for in the Romish Church they extend the power of the Keyes so farre as pardoning sinnes in a judiciall way saying to the sinner I absolve thee from thy sinnes The Priest renders himself Judge in a cause wherein God is the party offended By vertue of these Keyes the Pope drawes souls out of Purgatory he looseth those he never bound and which are none of his flock he doth loose under earth because Jesus Christ hath said what ever you shall bind on earth he doth loose and dispence with oaths and vows and freeth Subjects from the obedience due to their Soveraigne Prince he separates marriages exempting also children from the obedience they owe to their Father and Mother These holy men of God who have reformed the Doctrine have left off those Keyes and kept those which Jesus Christ hath given to his Disciples and their successors I will give thee the Keyes of the Kingdome of heaven it was also impossible to reform the Doctrine without reforming the Keyes since those Keyes are a part of the Doctrine they have retained to themselves the power to bind and loose which Jesus Christ gave to his Disciples Math. 16. Whatsoever thou shalt bind on earth c which power goeth no further then Ecclesiasticall censures as the Lord Jesus Christ teacheth in the same place giving to understand that by this binding the rebellious sinner is put among the Publicanes and sinners who were excluded from the Communion of the Church Thus we must understand the power of remitting or reteining sinnes given by Jesus Christ to his Disciples The faithfull Pastors do remit sinnes when they release men of Ecclesiacall penalties and receive to the Communion of the Church the repenting sinner who was excluded Consideration THe Reformers have done as Richard the third in usurping a power which yet he exercised with moderation and making of good Lawes so did Augustus Caesar and some more Thus the Reformers have reteyned the Keyes to which they had no more right then the Pastors of the Romish Church but have taken away those adjuncts of abuses and abominations adhering to the power of the Keyes In that sence as Richard the third may be said to have usurped the Crowne as well as he who to usurpation hath added a tyrannicall Government and making of wicked and unjust Lawes so may it be said that the Reformers in reforming the Doctrine have reteined the power of the Keyes the Article thus speaking having no further meaning then to say that the Reformers in reforming the Doctrine have still challenged to themselves an Ecclesiasticall Iurisdiction not belonging to the Civil Magistrate even as the Pastours of the Romish Church have donc though not the same for qualifications As for the meaning of the words dic Ecclesiae tell it unto the Church it cannot have much strength what ever interpretation one may give to the words whether by the word Church we understand a Synagogue or judicatory as was that of the Iewes amongst which there was no difference between Church and State or Common-wealth or a society of faithfull men and though by the Church Pastours should be understood I do not see here any Iudiciall sentence binding him that trespasseth against his neighbour but still he may if he will hearken without fear of any coercive power seated in the Ministers and the words Let him be to thee a heathen or a publican have no further meaning then have him for such a one in thy thoughts and estimation a Publicans office was lawfull neither yet could he be excluded from the communion nor from the congregation the very heathen not being excluded from the latter for how else could they have been converted Letter THE Reformers then in reforming the abuses in the Doctrine and Keyes have retained the Keyes and power to bind and unbind committed to them by Jesus Christ The Author of the Articles acknowledgeth that the Pastors of the Church have well done to retain that power under the heathen Emperors that is almost for the space of 350 yeares from Christ to Constantine the first Christian Emperour since which Emperour the said Author thinks that the Bishops and Pastors were to part with that Power and that the Soveraigne Power of the Keyes did no longer belong to them but that they were to desert it in obedience to God which yet they have not done for all the ancient Councels although convened by the will of the Emperours are full of penitentiall canons prescribing the forme time and degrees for publique pennances in the execution of which canons the consent of the Emperours nor of their Lieutenants was never expected Consideration WE have seen before that the power of the Ministers is neither increased nor diminished whether the Magistrate be Orthodox or no and that the power of the keyes given them by God hath more lively actings under the Orthodox Magistrate To that part of the Letter which saith that in
the execution of the canons the consent of the Emperours was never expected I say that the Emperours themselves understood that their consent was not required in the execution of the canons which as they were Acts of his so might he disannull them adde to them or repeale them by his Soveraign Authority he had over all persons and causes In the year 815. Charles the great is said to have added something of his owne to the decrees of the Synod held in Theodon Towne hoc de nostro adijcimus and for the authority of the supreame Magistrate in altering changing or expunging the decrees of Synods Bochellus saith that Charles the Bald did reject a great part of what was set forth in Synods by the Bishops in the yeare 856. and that it was the usuall custome when ever Synods were assembled that their decrees were not ratified till the King in his Privy Councell had approved of them the said King taking away what he disliked as it was practised by the Councels of Tours and Cabilon under Charles the Great and as P. Pithoeus hath proved fully And for the Power of the Soveraigne Magistrate to make his Laws as valid as canons and as authenticall as Synods decrees I would goe no further for a witnesse then what is related by the Agents and Orators of the Councell of Trent as may be seen amongst the Acts. The most Christian Kings say they have made many decrees about sacred things following the examples of Constantine Theodosius Valentinian Justinian and other Christian Emperors and ordained severall Ecclesiastical Lawes which they have put amongst their owne decrees But that the execution of the ancient canons were as much acts of the Emperours as the execution of decrees made in Chancery or other Courts are acts of the Soveraign Magistrate though he never heares of it It can be easily proved by the liberty that the Soveraigne Powers have always kept to themselves to dispence with pennances imposed by the canons Gervasius a Bishop being excommunicated was againe received to the communion by Juo Carnutensis by the order and appointment of the King of France Philip the 1. This scandalized other Bishops whereupon Juo though a great friend to the Popes in a letter to his fellow-Bishops justifieth himselfe and the King saying That the Assembly of Priests and people ought to receive to the communion whom the Kings piety hath thought worthy of it In the like language speaketh John Bishop of Rome in the 181 Epistle to Justinian I beseech your Clemency to receive them to the unity of the Church and to your communion if they will forsake their errour Letter THose Reformers have believed that the change of Religion in Soueraign Princes could not take away what Jesus Christ had given them although it was a change for the better They remembred Christs words commanding him that hath received an offence of his neighbour to tell it to the Church that is to the assembly of Pastors and Rulers of the Churches and they were perswaded that this comand was perpetuall and to remaine in force to the end of the world When the Lord bestowed upon his Disciples the gift of working Miracles and speaking Tongues In this gift they have not had any successors because the miracles done by the Apostles are usefull to this day to confirme and strengthen the Gospel but the graces and callings granted for the peace of conscience and for reconciling penitent sinners and maintaining the Church in good order ought to be perpetuall and the Apostles were meerly trusted with them that they should transmit them to Posterity and it is certain that the pardon granted by the Apostles to some in their times namely to the Corinthian incestuous person cannot be of use to sinners of these dayes these graces and actions being personall The same Reformers have considered that as there are various turns of the things of this world and the wils of the great ones of the world are subject to mutability it may fall out that in a country where the Magistrate is Orthodox the same Magistrate may come to be an heretick idolater or persecutor and therefore it is not expedient that the spirituall graces and callings should depend of the instability of temporall things and of the changes which may happen in States and Common-wealths If so be the Pastors under an Orthodox Magistrate had resigned to him the power of the keyes no doubt but the Magistrate Idolater who succeedeth would not permit the Pastors of the Church to resume the authority which they so willingly did forgoe Consideration VVHether the Magistrate be Orthodox or no the maine duty and action of a Christian depends not of the Magistrate as to feare God and keep his commandements to bebeleeve in Jesus Christ yea even when the Magistrate is most averse he cannot hinder the last action of martyrdome from being an honourable badge of Jesus Christ sealing the truth of the Gospel with his bloud Now whereas the letter saith that had the Pastors quitted the power of the keyes to an Orthodox Magistrate a succeeding Magistrate that were an idolater would not permit them to resume it there can be no such fear for as an orthodox Magistrate permitting for some reasons of State an Idolatrous religion wil either disdain or make a scruple of conscience to have a hand in regulating an Idolatrous worship but will leave to the Professours the whole ordering of their Religion so it be not to the disturbance of the State In like manner will an Idolatrous Magistrate deal with Orthodox Christians within his Dominions and not so much vouchsafe to know what is that power of the Keyes much lesse to have the handling of them If he can but hold the Sword it matters little to him who handles the Keyes Letter I Wish the Authour of the Articles had explained himself more fully and since he is of opinion that the Pastours under a faithfull and orthodox Magistrate ought in obedience to God to render to him that power which they had under a Magistrate of contrary Religion he had alledged some places of Scripture proving that such a command is laid upon them that God may be obeyed Consideration COmmon sence teacheth us that when a Prince either through incapacity ignorance or minority knoweth not the extent of his just power he may upon knowledge thereof extend it further and behave himselfe otherwise upon better thought or instruction Thus if a Prince being a heathen knoweth not that his chief duty and office is to govern adorn and defend the Christian Religion and people and to promote the salvation of those which are under his Government who doubts but afterwards giving his name to Christ he is above all other cares obliged to care what heretofore he did not know to concern his care and if when he was a heathen the Pastours did supply that wherin he was deficient there is no question to be made when afterwards he is a Christian but
besides the death of Christ then such commands were not to be obeyed Nor doe I say that therefore the State must be embroiled and the Magistrate resisted but that one is rather to endure martyrdome or all kind of persecution then to lose his soule in giving obedience to such commands Thus have the three friends of Daniel done and all the faithfull martyrs We see in the Apologetick of Tertullian that in his time the Christians did fill the greatest part of the Roman Empire which might have been very empty had they gone about to flee for persecution into a remote Country Read St. Austin upon the 124 Psalme Valentinian the II. was laboured to take away the Temples from the Orthodoxes and give them to the Arrians but Ambrosius Bishop of Milan withstood him but how he tels you himselfe Dolere potero potero flere potero gemere adversus arma milites Gottos lachrymae meae arma sunt talia enim sunt munimenta Sacerdotis aliter nec debeo nec possum resistere To this exception I would adde another that the Magistrate must be obeyed in the actions in which he acts as Magistrate and for such a one taken For if a Soveraign Prince be in a Ship and a storme happens I doe beleeve that the Master Pilot ought rather to follow the rules of his art than the will of the Prince who is not versed in navigation The Magistrate indeed may forbid the mariners to lanch out of the Port and to saile into Spain or the Indies or to import or export such and such wares but it doth not belong to him to order how the Ship must be steered or the sailes hoised up Thus a Prince learning to ride ought if he meanes to learn to obey the Master of the horses yea as a Saveraign Prince he hath power over the person life and goods of the Master of the horses yea I say that the yielding of the Prince to the Rider is a kind of a command to the Rider so to deale with him I say the same of a Magistrate sick obeying the prescripts of a Physitian he doth obey as a man and not as a Magistrate whereupon a question may be moved whether the Magistrate being at publique prayers and partaker of the Sacraments is there as a Magistrate or as a Christian Consideration THis similitude or relation betwixt a Prince in a storm and the Pilot and betwixt a Prince sick and a Physitian is very pertinent to declare that the power of the Pastor over the Soveraign Magistrate is of the same nature and proportionable to that power which the Physitian hath over the Soveraign Prince being sick or that of a skilfull Pilot in a storme over him who may be his King but unskilfull in the art of navigation This power is rather a friendly counsell though exercised and uttered in a commanding way specially in the mouth of a Minister who in the name of God may command a Soveraigne Prince to redeem his sins by a speedy repentance for in effect 't is but declaring unto him what be the commands of God for the good of his soule Thus a Physitian following the rules of his art and his long experience may charge a King his patient as he tenders his owne health which he must not obstinately cast away to refraine from such and such meates and doubtless that King would grievously sinne against God who rejecting the counsell of the Physition and wilfully obeying his owne lust and appetite should thereby fall into a relapse It might happen in a storme or shipwrack that the Pilot should use a kinde of compulsion and violence towards his Soveraign pulling him as it were out of danger and forcing him to hearken to the meanes of his preservation for which he ought not to be blamed Letter I Think also that we should make a distinction between a Magistrate that is faithfull and orthodox and one that is an Ethnick or an Heretick for under a heathen Magistrate I doe not see how it can belong to any but the Pastors of the Church to manage the Church for shall a heathen Magistrate and persecutor be a judge of the articles of the Christian faith or make use of suspension or excommunication Whence it followeth that the state of the Church may subsist although the power of the Keyes and the governing of the Church be not in the Magistrate If the heathen Magistrate should forbid the Pastors upon paine of death to hold councels or Ecclesiasticall assemblies or to preach the Gospel or if there be such an urgent necessity of calling a Councell to stop the current of a pestilentiall heresie or to degrade some Pastors that disturbe the peace of the Church or that have crept in forcibly may the Pastors be condemned if they doe privately convene themselves contrary to the will of the Magistrate Consideration THis is one of the strongest arguments that can be alledged for the power of the Keys and Ecclesiasticall Courts and Jurisdiction different and independent from the civill Magistrate because there hath beene sometimes Church-government calling of Synods and exercise of Jurisdiction against the will of the soveraigne Power and not complicate with the civill Power But in mine opinion it hath no strength all for first I lay down this for a ground that the Magistrate whether Orthodox or not doth retaine still the same supream power over all persons and causes of what kind soever Secondly that in all persons and actions of men under the soveraigne Power this grand rule must be first observed that God must rather be obeyed then man Thirdly that many actions of all kinds naturall or voluntary even meetings assemblies and orders obliging some men or society may be done without the cognizance of the soveraigne Magistrate For first If heathenisme or heresie could devest a man of the power he hath over all persons and causes by that unjust lawes should be no lawes a diseased man by the same reason should cease to be a man and a wicked Emperour as Heliogabalus should not have beene ranked among the Emperors nor acknowledged for the supreame Judge of the Land because a bad one I confesse that a Heathen or hereticall Soveraigne cannot but judge amisse of persons and causes either out of ignorance or malice but ignorance of what is right doth not devest him of his right neither doth a wicked managing of his owne right hinder it to be a right still Depraved actions in nature continue to be actions still An Orthodox Soveraign Magistrate falling into heathenisme or heresie as Julian the Apostate loseth no part of his supreame power he that over all causes and persons no more doth the Soveraigne Magistrate get any addition or extent of power if from heresie or heathenisme he is converted to the Christian Religion 'T is the duty of a Magistrate to defend and propagate Christian Religion It is the Fathers duty to provide for his children the part of the Supreame Judge to
a State bounded as England by certain limits no doubt if it be one State or Comon-wealth it hath one Soveraigne power reaching as well to Cumberland as to Kent and Cornwall over all persons actions and causes for if some persons or causes were exempted as for example the persons and causes they call Ecclesiasticall within the same limits of Land I do not conceive that there can be any such power nor can I Imagine where that power in matters Ecclesiasticall or ordering Church wayes should reside by which the Supreame Civill Magistrate is bounded but there may be as well ten thousand Supream powers and Courts Ecclesiasticall within England as one single generall power for the Civill Magistrates Jurisdiction being distinct from the Ecclesiasticall he may not hinder that multiplication of powers every one of these powers assuming to be sui Juris in sacred things or if he hinders it and prevaileth to have but one Soveraign power in Church matters in all his Dominions this very act of prevailing will be a sufficient demonstration that there is but one Soveraigne power over all causes and persons Ecclesiasticall and Civill indeed the taking away the branch of the Jurisdiction and power of the Christian Soveraign Magistrate in things pertaining to the Kingdome of heaven is as much as to destroy all Ecclesiasticall power and Jurisdiction for besides that this makes the Magistrate but a cipher or zero in sacred things it abolisheth all Ecclesiasticall Discipline Parish meetings publick and uniforme exercises of the ordinances which cannot be performed but by the supreame Magistrates ordering permission or at least connivence and it reduceth all Church wayes to the congregational which way though it cannot be disproved all men naturally having a power to associate themselves upon their ordinary affairs without the Supreame Powers leave or ordering much more when those meetings are pious innocent and without danger to the publick weale yet if there be no other Church-way within all the Dominions of the Soveraigne Magistrate then the Congregationall not onely all Power of the Keyes and Jurisdiction in Church-matters is quite taken away from the Christian Magistrate but also all Presbyteries Classes Synods and with them their Power and Jurisdiction vanisheth and comes to nothing and in truth it will come to nothing if you doe not make that publique ordering of Church-way setting up of Ordinances uniformity of Catechising confession of Faith discipline censures to be a branch of the Legislation and Jurisdiction which the Soveraign Christian Magistrate is to have over all causes persons and actions for in Gods name where can that Power in Church matters be seated but in the Christian Magistrate May be you will seat it in all the Christian people within the Magistrates Dominions But by this the Christian people having the Soveraign Power in Ecclesiasticall shall have the liberty not onely as I said before to make as in England either one two or more yea ten thousand Nationall Churches as far differing one from the other in Rites and Constitutions as the Scottish Church is from the English and the English from the French the word of God not stinting whether associated Christians ought to be many or few in one body or whether many bodies or few in one Nation as England and whether they must be a collection of Churches joyned in one body of a Nationall Church or not And which is more this absurdity and great inconvenience will follow from this dividing of Powers that it will be free for Christians to erect in two contiguous Countryes under two distinct Magistrates as France and the Territory of Geneva one collective body of Churches ruled by the same Synods and Decrees under one Soveraigne Power in Ecclesiasticall and thus shall you have not Imperium in Imperio but Imperium in duobus Imperijs a confusion of Empires for who may have right to keep them from so doing If you say that both the neighbour Soveraigne civill Powers may hinder them to that I say either it is an usurpation in them to doe so or if not then that Power by which the Church is ordered is subordinate to the Soveraigne Christian Magistrate which is all I intended to make good But it may be said againe that all the Christians or all the Congregations who are big enough to make a Church such as the little number of two or three of Christ in the Gospel gathered together in Christs name within the Dominions of the Soveraign civill Power will have that humane wisedome as to erect but one Nationall Church and of the same latitude and extent that the Dominions are To that I say that this very liberty and humane wisedome which they make use of without a certaine prescript from God doth sufficiently evidence that they make use of the same guide which the Supreame Power doth imploy in the governing of the State and that since humane wisedome must be be called to help for the ordering of these two things they will have to be distinct viz. the Church and State none can be better trusted with them then the Supream Power of the State where the Church must be constituted and indeed the Christian Emperours have always modelled the Church after the fashion of the State or if you will the State after the Church because they were to depend of one supreame Power for as they had Bishops in every City whose bounds and extent was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Parish so had they a Defensor Civitatis and in every Province the Arch-bishop or Metropolitan was answerable to the Praeses or Proconsul and in every Diocesse the Primate or Patriarch was like the Lieutenant or Vicarius or Legatus To summe up all as the primum movens in the naturall body extendeth it selfe to all parts and functions of the body so the Soveraigne Power in a State hath an equall Jus Imperij in Ecclesiasticall and civill matters And as the sensitive and vitall parts are equally extended and circumscribed by the same limits so all the causes of what kind soever they be are bounded by the same supreame Power within the same limits of land as if on the North side Barwick is the bound of the civill Power of England so is it of the Ecclesiasticall But it may be demanded how the soveraigne Power may be said to have Jus Imperij in Divine Lawes I answer that properly the office of a Soveraigne Power is only ministeriall and in regard of God it is rather an administration then a power but in regard of men because it bindeth to obedience 't is a Power and Authority Now his Law is either just or unjust if unjust yet the obedience to it being not sinfull it must be obeyed as a Law in force for the strength of a Law doth not consist in that it is just but in this because 't is a Law ordained by him who hath Authority Now if this Law be just it must be obeyed for two reasons
viz. first for conscience sake and for wrath that is the tye of every Christian in all the commands of the Magistrate is to obey God and doe whatsoever just and honest thing lies in ones power then for feare of punishment for any precept though morall and never so just although it bindes the conscience yet 't is no Law binding to obedience in foro humano till it be reduced into a Law by the Legislative Power of the Soveraigne Magistrate for even the supream power though Christian and godly cannot punish a theife for transgressing the commandement Thou shalt not steale except this Law be also a Law of the State But againe it may be demanded what authority and power doe you entitle on the Ministers of the Gospel to whom the Scripture committeth the power of the Keyes and giveth high Titles Names and Eloges I answer that still they have the highest honour in the world even higher then the Magistrates and Kings higher then Judges for all men shall be judged by their Gospel they are Ambassadours from Christ to earthly powers as the Kingdom committed to them is not of this world so their weapons are not earthy but spirituall and sharper then any two edged sword they condemn when they doe denounce the judgments of God to impenitent sinners they pardon declaring the mercies of God to penitent and mourning sinners they rebuke all kinds of men teach exhort admonish and have a kind of power and authoritie binding as much or more to obedience then the commands of the Soveraigne Magistrate for a man once convinced by the preaching of the word the word of of the Minister apprehended to be the truth of God or a command from God will be like the Intellect which being enlightened doth more powerfully work upon the will to act then when it is compelled by an externall agent and even civilly the respect one hath to an Artist binds in a manner to follow his prescriptions 'T is no marvell then if Theodosius being rebuked sharply by Ambros yielded to a censure rather coming from God which he was willing to undergo being conscious of his sinfulnesse and deserts then that it proceeded from a man endowed with a coercive power of excommunication to which not to yield had been a rebellion against God as Christ alone is the true spirituall Legislatour so he alone doth either withold or remit sinnes Solus saith Hilarius the Deacon peccata dimittit qui solus pro peccatis nostris mortuus est and the words of Lombard are very expresse to shew the extent of the power of the Keyes Sacerdotibus tribuit Deus potestatem solvendi ligandi id est ostendendi homines solutos vel ligatos God giveth the Priests power to loose and bind that is to make known they are either tied or loosed li. 4. dis 18. Saint Hierome upon the 26. of Matth. teacheth us what this potestas Clavium is as the Priest makes the Leprous either clean or unclean so doth the Bishop or Priest bind or unbind and saint Cyprian lib. de lapsis and other where saith that by the preaching of Ministers men receive not forgivenes of sins but are brought by it to be converted by getting a Knowledge of their sins And saint Augustine in many places saith that the Minister is some body in the administring of the Sacraments and dispensing the word but no body for the Iustification of a sinner and for working inwardly except he that made man worketh in the man Were the nature of Christs Kingdome well understood I suppose that the power of the Keyes would be easily stated I mean that Kingdome and power by which Christ worketh by his word and spirit upon the spirits of men inclining them to do his will by perswading and not constraining them by any coercive power delegated to the Apostles and their successors in the Ministery Christ himself saith he is not come into the world to Iudge the world but that the world should be saved by his preaching And the comparing of Christs Kingdome to a grain of Mustard seed and to leaven hid in the dough sheweth manifestly that this Kingdome is propagated by secret perswasions and workings and not by a Iudiciall external power seated in the Ministers constraining to obededience upon bodily or pecuniary penalties Were the visible Kingdome of Christ a different Kingdome from that of the Christian Magistrate we should read in the Gospel of some Lawes besides those about the sacraments for the regulating of the said Kingdome The precepts to believe to repent and to be baptised are no such Lawes that for the non-performance of them men should incurre punition or damnation for the not obeying of the Evangelicall precepts is an argument that the wrath of God is upon the transgressors and not an effect following upon the transgression He that doth not believe in Christ is condemned already man refusing to accept of the remedy in the Gospel is left to his former miserable estate and the Law onely takes hold of him Now this Law denouncing both temporall eternal punishment to the transgressors it is evident that the power to judge in the world according to that Law in ordering all causes and punishing all kinds of persons transgressing doth belong only to one Soveraigne power subaltern not to Christ as the Soveraigne Preacher and Mediatour but as God in Trinity and Trinity in unity or as God Creatour and Supream Governour over all causes persons estates and conditions temporall or eternall Letter A Midst all these difficulties it will be a work pleasing to God to find a mean to keep the caling of the Ministery of the Gospell in the posture and condition as it was established by Jesus Christ without any abating and diminishing of the dignity and power of the Soveraigne Magistrate and I believe that just and easie means may be found out Consideration THere is but one means which is that of Queene Elisabeth King James and of Hooker in his book of Ecclesiasticall polity wherein under the words of Royall power Crown and dignity he teacheth us that all power and Iurisdiction Ecclesiasticall is derived from the Supream power of England and is upholden and defended by him The words of the Act Elizab. 1. cap. 1. are very expresse omitting nothing which can be of Pastours and Synods cognizance which be not mentioned to be of the Iurisdiction of the Supream Magistrate All Ecclesiasticall and spirituall Jurisdiction is annexed to the Crown to visit reform redresse order correct and amend all such heresies schismes abuses offences contempts and enormities whatsoever which by any manner spirituall or Ecclesiasticall power authority or Jurisdiction can or may be lawfully reformed In the same statute it is enacted and ordained that no opinion shall be judged or determined to be heresie but by the high Court of Parliament of the Realm Letter WE have already laid down for a firme and constant ground and ordained by God that all Ecclesiasticall
persons are subject to the Soveraigne Magistrate in whose hands God hath put the Sword and that he hath power over the lives and goods of the Pastours of the Church and may iustly punish them when they are perturbators of the publick peace and become obnoxious by their wicked lives that the duty of the Magistrate is to restrain them if they behave themselves tyrannically in the use of the Keyes and break the peace of the State Consideration THis alone is sufficient to evince that in a Christian Common-wealth there can be but one Soveraigne power over all persons causes and actions for it is absurd to conceive that the Supream Magistrate hath power over the person of the Minister and not over the actions and causes for which he may and must be punished by the said Magistrate and 't is no lesse absurd to conceive that the Magistrate may justly put to death a Minister or punish him with banishment yet may not have the power to degrade him it being a rule in philosophy that if the whole be in the power much more a part of the whole and if the same Supream Magistrate may justly degrade him who doubts but he may as justly challenge to himself the right of choosing him else which is all one as if he had chosen the Pastour himself he may put by not onely the said Pastour but so many one after another as are substituted by the power they call Ecclesiasticall till the Pastor chosen be according to his owne mind Letter ANd because it might fall out that in Nationall and Provincial Synods the overseers of Churches should transgresse the limits of their calling and meddle with civill affaires in which the Civill Magistrate is interessed it stands with reason that these Synods be not convened without the will and consent of the Soveraign the ancient Emperours have yet done more then that for in the universall Councils they have been present as Constantine in the Council of Nicaea and Marcian at the opening of the Chalcedoine Council or in their stead they have sent Earls Patrices or Consuls as we may see in the Acts of the Council of Chalcedoine and the II. Councill of Nicaea in the said Acts we see that the said Patrices and Earles abated the insolency of some Bishops and commanded them absolutely The title given them by the Councill was Gloriosissimi Iudices Consideration THis likewise proveth the necessity of one Soveraigne power over all persons meetings causes and actions Synods being assemblies of wise and learned Councellours to advise the Supream power in matters of Doctrine and Discipline as the Supream Magistrates power is to call them so to determine the members that are called to it as Marsilius Patavinus saith Generale concilium convocare personas ad hoc idoneas determinare pertinet ad Legislatoris authoritatem part 2. cap. 20. and not onely so he only doth preside and reserveth himself the facultie of approving disproving examining and rejecting what he thinks fit even after the Synod is broken up and their conclusions and Canons are ratified by him as the Ecclesiasti-Historie tells us Letter AS for decisions of points touching Doctrine of faith although the Emperours never iudged of these matters yet did they maintain their authority giving Judges to whom they commanded to decide the differences as Constantine did when the Donatists came to complain to him for he gave them some Bishops for Judges to whose Judgement they not yielding he called a Councill to pronounce a definitive sentence but these Judges which the Emperour gave to decide matter of Doctrine were alwayes Bishops and Ecclesiasticall persons by that means the Emperonr kept his authority over Bishops Consideration OBserve that not the Churches nor the Synods but the Emperour nameth the Judges The difference was betwixt the Donatists and other Bishops of Africa the Donatists with a great deale of submission besought the Emperor to give them Judges out of France The Emperour gave them 3 French and with them Miltiades Bishop of Rome 'T is here further to be observed that as the Letter saith the Donatists did not condescend to the determinations of the 4 Judges which is not to be understood as if they rejected the sentence of the Judges or of the Emperor as issued from incompetent Judges or appealed to a Synod for quite contrary they appealed to the Emperour who indeed thereupon called another Synod to compose the controversie which was about Caecilianus accused by the Donatists of many crimes and to have been unduly elected from that Synod in which they were condemned they appealed againe to the Emperor who for the second time called another Councill at Arles of which the Donatists not being satisfied that Caecilianus should be confirmed in his Sea of Carthage appealed the third time from the Councill to the Emperour who condemned the Donatists and banished them Neither were the Donatists ignorant that the decision of the Emperour should be the ultimate definitive judgment And the very Bishops did use to give account of what passed in Synods Thus Constantine called the Bishops convened at Tyr to him to give an account of what passed in the Assembly Among the Councils of France we read that the heads of the debates in Synods were referred ad sacratissimum judicium that is the counsell of the King or rather the King himselfe and that in the year 813. the addresses to Charles the Great doe refer the determinations of the Councell to be examined amended and confirmed by him and that by his wisedome he would vouchsafe to supply what had beene wanting on their part Letter IF the Soveraigne Counsill be minded to reserve to himself the decision of points of Doctrine and of all Ecclesiasticall affaires it were in that case needfull that the Councill should be composed partly of Pastors and Doctors and Ecclesiasticall persons skilled in these matters as it was practised in the Palatinate afore the late troubles which is confirmed by the example alledged by the Author of the Articles We find saith he that in the Common-wealth of the Jewes in one onely Synedrium all causes were decided and all kinds of persons might be convented In this Synedrium the Nasi was President who usually was the High Priest and most in it were Priests or Levites The same thing was practised in England before these late alterations there being a Soveraign Counsell called the High Commission in which the Arch-bishop was President to whom were joyned in Commission as Assessors some Counsellors at Law of the Country Consideration 'T Is sufficiently granted that though it be admitted that Ecclesiasticall and Civill causes are belonging to two distinct Jurisdictions yet they may confluere in unum and be made of two one under one single Soveraign Power That the Powers were not divided in the Common-wealth of the Jewes it may be easily gathered by the Story of the Jewes from Moses to the Captivity Moses himselfe was a Soveraigne Judge in all causes
THE POVVER OF THE Christian Magistrate in Sacred things Delivered In some Positions sent to a Friend upon which a returne of his opinion was desired With some considerations upon the Answer and a Digression concerning Allegiance and submission to the Supreame Magistrate By Lewis du Moulin History-reader of the University of Oxford LONDON Printed by G. Dawson for FRANCIS EGLESFIELD at the Marygold in Pauls Church-yard 1650. To the Right HONORABLE Bulstrode Whitelocke Esquire Rich. Keble Esq Sergeant at Law John Lisle Esquire Lords Commissioners for the Custody of the Great Seal of England My Lords I Pretend not by this Dedication to loosen any one link of the chains of Civilities and unmerited favors whereby I am bound unto your Lordships But rather finding my selfe insolvent as a stranger destitute of other Sureties I have taken the occasion to give publick suretyship of my profest beholdingnesse Besides this personall motive there was another reall for intending this discourse onely as a Hue and Cry after truth which the self interest of some hath lurched from the knowledge of other Christians I should wrong this same truth if I did not entitle your Lordships to her patronage who are upon all occasions her so zealous abettors Your known goodnesse requires I presume no Apologie for the incongruous addresse or composure of a stranger I pretend to truth and if she be not as shee ought to be I am sure my English is starke naked in which condition if you please to cast over her the mantle of your protection the stormy age wherein we live shall no more hinder her production then abate the zeal of Your Lordships most devoted Servant LEWIS du MOULIN To the Reader HAving occasionally made some Considerations upon the ensuing Letter which gave me in one place pag. 20. c. a faire insinuation to speak of the Allegeance due by Subiects to the present power by Gods providence set over them I was the more willing to insist a little upon it and particularly upon the late Engagement which being tendred me in Oxford by order of the State by whose favour I am a member of that University I frely acknowledge I was not so scrupulous as many of my brethren of the University were men otherwise of known piety and integrity but have subscribed unto it for which undergoing various censures by many who either are not yet perswaded to subscribe or are engaged otherwise and being not conscious to my self that herein I have done against my duty or disobeyed Gods word or been prepossessed with particular interest I thought my selfe obliged to give publickly an account from what Scripture reason and humane authority I have received satisfaction and encouragement to subscribe thereby hoping even from the most averse either to be pardoned or excused Errata Pag. 81. lin 24. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 107. l. 9 Acts read Arts. p. 110. l. 13. 14. read over few Bishops Positions concerning the Power of the Christian Magistrate in Church matters I. THat all humane actions Naturall or Voluntary even the most mechanick and servile so they be necessary and not sinfull must be done in faith and are to be referred to the Soveraign end which is to glorifie God by words and deede and to obtain the Summum bonum of men which is the love of God and union with him II. That the principall duty of the Soveraigne visible Power in regulating the actions of mens society is not to make new Lawes but to declare the will of the Grand Legislator even God in his Word for the right governing of that society according to his divine will making Lawes agreeable or not repugnant to it holding forth to the people for a soveraign Law that God must be rather obeyed then man III. That since the Soveraigne Power hath right to regulate all humane actions which doe tend to that Soveraigne end he alone must preside over all Orders Lawes Offices Places and Persons which have any reference to the said actions Else if two Supreame Magistrates were constituted sharing betwixt them the Supreame power the one being over certain actions they call Ecclesiastical the other over the Civill such a State cannot be conceived without a great deal of confusion Humane actions of what kinde soever they be having so neare affinity among themselves and being included one within another IV. That for the most part the causes of Heresies and Wars which have troubled the World came from the Popes dividing the said actions vindicating to themselves the regulating of one part of them leaving the ordering of the other to the Emperour and Kings and thus erecting Imperium in Imperio and not only so but by reason of the great affinity there is betwixt humane actions reducing almost all of them under his cognizance V. That the Reformers have indeed repurged the doctrin from Popery but still have kept to themselves the Soveraign cognizance of the actions which they call Ecclesiasticall assuming to themselvs the power of the Keyes which in truth is restrained to this sentence That God must be rather obeyed then man and therefore when the Magistrate was unwilling to have a hand in the Reformation or the exercise of the true Religion as in the primitive times or in France they have done well even without or against the liking of the Magistrate to make a body of Congregations giving it an order which they call purely Ecclesiasticall Likewise they did well to create Elders who are the Deputies of the people for otherwise the word could not have been preached the Sacraments administred and the soules saved But where the Soveraigne Magistrate is of the same Religion with the body of the people these words Ecclesiasticall Civill Spiritual Temporall Clerck and Lay ought to cease and with them the diversity of legislation and jurisdiction and under such a Magistrate the Common-wealth is a Christian Visible Church these words having but an accidentall difference but yet such as have caused a reall difference Now such distinction of words which parts things that should not be divided ceasing the originall of all order and power over all actions and things is seated on the Soveraigne visible power and doth extend to and over all kinds of persons none being exempted nor any thing excepted if it be not contrary to Gods commands In summe the Supream Magistrate is none other then the Minister of God for the good and salvation of those that are under government VI. These things being so and the Christian visible Church being an assembly of good bad which have need to be governed for their temporall and eternall good it is manifest that under other words it is the same thing with the words of Christian Common-wealths and that the legislatiō jurisdiction which the Soveraigne Magistrate hath over it is extended over all persons and causes and in all Assemblies Synods and Classes for even the conclusions and canons of the ancient Councels had no force which
Consideration I Shall take liberty to digresse a little upon that passage of Ieremy which doth not onely justifie but command submission to the power which by Gods providence is set over us for lo here the Israelits spoiled of their goods and lands driven from their habitations and enthraled in grievous bondage are commanded to pray for the prosperity of their oppressour and for a quiet government over them as if their peace had been included in his for as saith Calvin in the 4. book of his Institut ch 20. § 28. when God hath exalted a new power he doth declare that it is his pleasure he should have the power and sway Detuli Nebuchadnesar regnum saith God 2 Dan. v. 37. God hath given thee kingdomes and power See Calvin in the quoted place who is much insisting upon the words of the Apostle Rom. 13.1 Submit your selves to the superior powers whereby 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some would not have the unlawfull powers but onely the lawfull understood which though it were granted the text will very well bear this sence that when God hath exalted some in authority his will is that his power should be held for a lawfull power but the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is for the most part taken generally for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whether lawfull or usurped We read in Steven out of Xenophon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I have power to steal where none will say that that power of stealing is a lawfull power Thus in the 1 to the Colossians St. Paul saying That God hath delivered us from the power of darknes that power being likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can no more be said to be good and lawfull then the translation to Christs Kingdome spoken in the following words be said to be bad or unlawfull And according to the best sence you can give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the said Steven well observes 't is but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as Cicero defines Potestas vivendi ut velis a power to live as you list Now if the potestas spoken of by the Apostle be a priviledge or power to rule as the Supreame Magistrate listeth I conceive that this faculty or priviledge is as well or rather proper to Tyrannicall Governments as most of them were in the time of St. Paul both in the meanes to attaine to the Supreame Magistracie and in the exercise of it that is as well in the adeption as in the fruition But Calvin both in the said place and most expresly upon the 13 to the Romanes expounds the Supream Power that power which by Gods providence permission or approbation is set over men yea that power which hath gotten the upper hand by intrusion These be his words Hoc verbo videtur Apostolus tollere frivolam hominum curiositatem qui saepe solent inquirere quo jure adepti fuerint potestatem qui rerum potiuntur satis autem nobis esse debet quod praesunt non enim conscenderunt sua ipsi virtute sed manu dei sunt impositi By that word the Apostle seemeth to take off the frivolous curiosity of men who are wont often to enquire how and by what right have those in Supreame Authority come by their Power It ought to suffice us that they Governe and that they have not ascended by their owne vertue but are set over and appointed by God Learned Deodati giveth the same interpretation All those that attaine to dignity doe so either by his manifest will and approbation Now it is fitting that men should approve and tolerate that which God approves and tolerates which sence and words of Deodati have so much the more weight for being approved and in the same words upon the matter transferred by the Reverend Divines of the Assembly in England into their Exposition and Comment upon the place Ordained of God or ordered that is instituted of God among mankind to rule and govern men in order as in Gods stead for God is the author of this order in the World And all those which attaine unto this dignity or excellency doe attaine unto it either by his manifest will and approbation when the means are just and lawfull or else by his secret providence with permission and toleration where the means are unlawfull And it is just and equall that men should approve and tolerate that which God himselfe approves and tolerates which cannot by any lawfull meanes appointed by him decline and avoyd All therefore who resist Authority make war after a sort with God himselfe But this acception of power in St. Paul only for a lawfull one is attended with unavoydable inconveniences that I may not say absurdities for first who shall be judge what power is lawfull shall all joyntly or every particular man under a power be judge whether that power over them is lawfull which is to seat the Superior Power no where and to erect a Tribunall within every particular Dominion distinct from that of the Supreame Magistrate which shall judge of the right they came by to their Superiority Secondly since this lawfulnesse is as well in the adeption as in the fruition or the exercise of the Supreame Power it shall be presently lawfull for Subjects who are to judge of both to resist the Supream Magistrate not onely because he is an Usurper but also for governing tyrannically to which government if we beleeve the new Expositors of St. Pauls meaning the Apostle forbiddeth to submit and even to pay tribute for whereas he commandeth to pay tribute to whom tribute belongeth when the subject shall judge that submission is not in conscience and in obedience to Gods Word due unto such a Magistrate he must by the same tye of conscience deny to pay him tribute and suffer his house rather to be forcibly entred and his truncks to be broke open then to pay it with his own hands lest his will should seeme any way to concurre in the doing of a sinfull thing as is to pay tribute to whom it doth not belong But which is much materiall it hath been often seen that Subjects have refused to obey the commands of the Supreame Magistrate opposing by resistance of Armes the unjust managing of the power but seldome or never so much as questioning the Title of the Supream Power or Magistrate but yeelding Fealty or Homage to him that had possession de facto though not de jure which hath beene alwayes practised in England under all the Kings since the Conquest who although for the greatest part they had no just title to the Crown yet to avoyd confusion and the itching humour of people questioning the validity of Lawes and Law-givers the Law hath alwayes provided that Allegiance should be given him to whom the Imperiall Crowne of these Realmes shall descend by which Imperiall Crowne the Person is not principally meant but the Realme no man owing other Allegiance but such as is yeelded in and for the defence of the Realme This
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
not change termes the Master becoming a Servant and the Servant a Master 10. Whether the Duke of Normandy did break his Allegeance to Chilperick his heires and successours when he did homage of his Dukedom to Charles Martel who expelled the lawful line 11. Whether in case the Turk should make such a conquest of England as he hath done of Constantinople an English man minded to tarry in England is not tied to engage to be true and faithfull to him and consequently freed from former engagements 12. Or if the Englishman may wave and suspend his engaging so soon after the conquest how long time may be allowed to him afore he do it 13. Suppose an Englishman had 15 yeares ago foreseen and foretold by probable and possible conjectures such a turne of State as ours is whether it had not been a sinne in him to take without some condition implyed the oath of Allegeance 14. Whether in case the King had as it was once very doubtfull clear overcome the Parliament and had as it is likely he would have done abolished all future thoughts of Parliaments and had thereupon made a Proclamation and publick Declaration of his will and pleasure whether I say in that case he commanding a generall subscription to be true and faithfull to him in the maintenance of his Domination every Englishman had not been obliged in conscience and obedience to Gods word to submit unto it and thereby been loosed from his former tyes and obligations to maintain the priviledges of Parliament the liberties of the Kingdome the extirpation of the English Hierarchie and the like These quaeries are of themselves so satisfactory that they need no answer for even in all oaths which are not of Allegiance contracts promises though they be uttered or written in absolute terms there is always some condition implyed and included as is the mutuall promise the first day of marriage and Seneca in his fourth Book de Beneficijs Chap. 35. giveth many pregnant instances Tunc fidem fallam tunc inconstantiae crimen audiam si cum omnia eadem sint quae erant promittente me non praestitero promissum alioqui quicquid mutatur libertatem facit de integro consulendi meam fidem liberat That is I shall then break my faith and incurre the crime of inconstancy if I doe not fulfill my promise all the things being the very same that they were when I made the promise And having made that good by examples headdeth omnia debent esse eadem quae fuerint cum promitentes ut promittentis fidem teneas That you may keep the faith every thing must be the same it was when you promised And in the 39 Chapter he is very full and saith that in all promises subest tacita exceptio si potero si debebo si haec ita erunt effice ut idem status sit cum exigitur qui fuit cum promitterem si aliquid intervenit novi quid miraris cum conditio promittentis mutata sit mutatum esse consilium eadem mihi omnia praesta idem sum There is a tacite exception if I can if I ought to doe it if the things be thus make that good that the same state doe continue when it is demanded that it was when I made promise if some new things come in the interim why doe you marveil that the resolution is changed since the condition of him that promised is also changed see that all be as they were and I am the same This very subject that promises and contracts are conditionally to be interpreted though the interpretation is not expressed is handled by Queene Elizabeth in a controversie betweene her selfe and the Hollanders in the clearing of which She maketh use of this very place of Seneca The whole passage is worth setting down briefly being more largely related by learned cambden in his Annals in the year 1595. The Queen being in a manner weary with the length of the warre that the States of the Low Country had with Spaine and the greatnesse of the expences shewed this unto the States by her Ambassador Sir Thomas Bodley resident in Holland particularly that England being exhausted of wealth and military men She required not onely ease of the charge of the charge of maintaining Auxiliary Forces but also that they would repay some part of her expences They after some complements and a demonstration to the Queene of the great losses they lately sustained and the heavy burden that lay upon them in prosecuting a warre against so potent an Enemy desired forbearance but so that they promised to pay a part of the money when the Queen required a greater proportion they stood stifly upon the Contract in the year 1585. by which the money was not to be repaid before the warre was finished and pressed her upon her Honour not to start back from Her Contract But She by the advice of her Counsellours of State replyed That all Contracts with a Prince are understood to admit an interpretation of sincere fidelity and no publick dâ—triment caused by the Contract That 't is no breach when it is done by accident of a new case concerning which other provision would have been made if it had been thought upon That every Contract though sworne is understood if matters continue in the same state but not if they be changed That a man is bound more strongly to the Common-wealth then to his own promise and out of the authority of Seneca that a wise man doth not change his determination all things continuing which were when he took it Letter Moses by the same power by which he plagued Aegypt was able to take the people out of Aegypt which yet he never attempted without Pharaohs permission Consideration FOr although God commanded the Sacrifice yet since the place was not defined they could not be exempted from obeying the King Letter ANd because some might say that the Christian people was bidden to obey the Emperours meerly out of necessity and to avoyd persecution the Apostles words alledged commanding obedience to the higher Powers for Gods sake takes away any such thought And St. Paul bids us to yeeld obedience to the higher Powers not only for wrath but also for conscience sake that is not only for feare of punishment but because conscience and Gods Word doth bind us thereunto Jesus Christ himselfe appearing before Pontius Pilate to be judged by him by that acknowledeth that Pilate had received that Power from God Consideration WEre it not too much to disgresse from the subject in hand which is of the power of the Christian Magistrate in sacred things this part of the Letter strongly asserting out of the words of the Apostle Rom. 13. That obedience and submission is due to that Magistrate which by Gods providence hath got the Supremacie would lead me to a further consideration of it but having but now taken liberty to digresse upon the same I shall onely observe upon this part of the
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
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
administer justice impartially though any or all of them may faile in the discharge of their duty The King being a persecutor of the christian people instead of being their nursing Father the Father leaving his children to the wide world and the Judge taking bribes and being prepossessed with prejudices If mens sins should exempt exempt them from their duty a wicked mans duty should be never to be converted None will say 't is not the duty of a Governor of a strong hold to defend it although he lets in the enemy without resistance That 't is not the office of a Magistrate to look to the safety of the high wayes because he either neglects that care or conniveth at such as doe commit robbery For the second ground Suppose that the Soveraigne Power doth not impose any Law or rather suppose his Lawes are unjust shall a man under such a power live lawlesse or shall not rather such a man being a Christian be tied to be a Law unto himselfe or rather to make the word of God a Law to his conscience Sure such a man must not expect the commands of the Soveraign Power to abstain from stealing or fornication which may be are authorised by Law but must avoid these not for wrath that is not for fear of punishment but for conscience sake as the Apostle speaketh thus when Christ commandeth the Ministers to preach baptise c. and the people not to forsake their mutuall Assembly no doubt but that both the Christian Pastor and people are bound to all Church duties though they have the Soveraign power opposite and threatning all kind of punishment to those that exercise them If those in authority be wanting to their duty I have no reason or ground to be deficient in mine As for the third ground concerning meetings assemblies c. I say that they may be such as though it should be granted on all sides that the Church and States Jurisdiction were but one that the very Soveraign power needs not to pretend to have an eye over them It being a kind of right of nature for Merchants trading in the same commodity to meet for acquaintance to appoint a Randezvous A man being a feciable creature it is no marvell if men are naturally desirous to converse together without expecting any order for so doing Were not the Heteries and Meetings of the ancient Christians of the same nature And upon that account I see not but the Meetings of congregations of those called Independents are very commendable and not to be enquired after by the Soveraigne Magistrate nor by Synods which cannot be proved to be of Divine institution but have taken their originall from those kinds of naturall and innocent meetings which when they were about things which were neither plots nor conspiracy to disturb the peace of the State needed not to be looked after by the Magistrate except when being converted to the Christian Religion he became himself a principall member of those meettings for then specially when the meetings are not onely in houses but in publick places and are tending to have the holy Ordinances set up and published as the main rule of life and ground-work of humane society his chief duty was to govern the Empire as Christian contributing his whole endevour towards the defence maintenance and encrease of the Christian Religion Thus Leo Bishop of Rome Ep. 75. to Leo the Emperour Debes incunctanter advertere Regiam potestatem tibi non solum ad mundi regimen sed maxime ad Ecclesiae praesidium esse collocatam Thou oughtest soberly to consider that the Royall power is not onely committed to thee for the Government of the world but chiefly for the defence of the Church Letter ALL the difficulty then is concerning the Orthodox Magistrate and one that is endowed with the true knowledge of God such as by the mercies of God the Magistrate of England is upon that the fifth Article saith that the Reformers have indeed purged the Popish Doctrine but have reserved to themselves the Soveraigne cognizance of the actions they call Ecclesiasticall challenging the power of the Keyes which when all is said is reduced to this sentence that God must be rather obeyed then men The Authour of the Articles thinks that the Reforming Pastors in retaining the power of the Keyes have not obeyed God he doth indeed acknowledge that under a Prince of contrary Religion the Christian people have done well to establish a government which they call purely Ecclesiasticall and create Elders who are deputies of the people but he is of that opinion that where the Magistrate is of the same Religion with the body of the people there ought not to be any further distinction of Jurisdiction the Church and State concurring into one Christian common-wealth To be short all his discourse is tending to that viz. that in a State where the Magistrate is Orthodox the Keyes and power which the Pastors had under Magistrates of contrary Religion doth no longer belong to them but doth onely belong to the Soveraigne Magistrate whose power is over all persons and things and that in all Assemblies Synods and Classes the conclusions have no force if they be not ratified by the will of the Supreme Magistrate by whom they usually are assembled Consideration VVHat he saith from the Author of the articles that where the Supream Magistrate becomes Orthodox the power of the Keyes doth no longer belong to the Ministers ought to be understood with some explication for the power of the Keyes is still and ought to be the same whether the Magistrate be orthodox or no there is not in the Ministers any addition of that power under the heathen Magistrate nor any substraction of it under a Christian suppose that the Christian Magistrate and Orthodox should turn Apostate I do not conceive that it follows thereupon that the power which the Christian Magistrate hath over the Church is through his Apostacy devolved unto the Ministers for that Legislation or Iurisdiction practised in Christian Congregations Synods or Assemblies under the heathen Magistrate is no more then a harmony of minds affections and actions to holy ordinances and orders by which Christians may worship God more purely and walk more closely with him which ordinances are either Gods word or such as encrease the power of piety and as they are published by common consent as the best rule to walk by so are they in the practise of them willingly and unanimously consented unto and every member of a Christian society submitteth himself to the rules exhortations and censures of that society or Church not being awed or compelled by any coercive power which they cannot avoid if they listed but led by voluntary submission to which by promise and pact they are in a manner already engaged Besides suppose that the Magistrate doth not impose any Lawes to restrain ungodlinesse or the currant sins in the world yea suppose that vices are authorised by Law doth either
that their duty is not onely to render him his own but also instruct him and make him know the extent of his power and tell him his duty is to throw his scepter at the feet of Christ and mainly seek and care for the things pertaining to the Kingdome of God And likewise if the said Magistrate upon deliberation takes that charge upon him who doubts but that although the duties of the Pastours be never the lesse their burden is so much the lighter and that they have lesse to care for The civil Lawyers tell us that if a man by Will is appointed Guardian to a Pupil and cannot produce the Will the soveraign Magistrate may ordain any one to be Guardian till the Will be produced This is the very case and the application is easie that the Soveraign Magistrate is set Tutour over the Christian people by the will of God now the while a Will is concealed it is well if some body takes care of the Ward and it matters not much who be the Guardian so that the Ward do not suffer dammage in his person or estate but when the Will is produced to the Supream Magistrate good reason then he should discharge the part of a faithfull Tutour and the maine trust laid on him and intended in the Will which is that those that are under his tuition may inherit the Kingdom of heaven To that purpose the Author of the book de regimine Principum ascribed to Thomas Aquinas hath a golden saying The end which principally the King must intend in himself and Subjects is eternall beatitude which consisteth in the vision of God and because that vision is the most perfect good every King or Lord is chiefly to endeavour himself that his Subjects may attain to that end Letter ANd since the Scripture saith the Church is made up of two kinds of persons viz. Shepherd and sheep he should have declared whether he ranked the Magistrate amongst the Pastours or Sheep Consideration THE Magistrate is among the Sheep in relation to the Pastour as he is a Patient in respect of his Physician and a Disciple in respect of his master teaching him Arts and Sciences in a ship he is but one of the vectores in relation to him that guideth the Ship and sits at the stern Beside in some regard the Soveraign Magistrate is the Pastor as David is so called and the Christian people the Sheep these relations being mutable accidents and not inseparable properties do not in themselves either abase or elevate the nature of the Subject Letter THis also is a point worthy the consideration If when a Magistrate liveth disorderly and is guilty of enormous crimes the Pastour may not deal with him with reprehensions and admonitions and when the Pastour seeth apparantly that such a Magistrate cannot be partaker of the holy Supper of the Lord but to his condemnation whether he may let him perish without reproving and advertising of him Consideration AS a Magistrate being sick is subject to the orders of the Physician so as a Sheep he is no lesse yea more subject to the power of the Keyes then the meanest of the flock for the more he is exposed to contagious vices which he doth countenance by his example the more need hath he of antidotes and preservatives It was an old and true saying miser est Imperator cui vera reticentur The power of the Keyes declaring from God a message no doubt but the Soveraign Magistrate is equally concerned to heare God speaking as any one of the common people Letter ANd since the Authour of these Articles saith that the Soveraign Magistrate ought to have in all causes and actions and over all persons an absolute power so that he commands not any thing contrary to the word of God for in these cases he holds disobedience to be just it had been needfull that the said Authour had told us who shall be Judge whether the Magistrates commands are repugnant to Gods commandements in case any difference be moved thereupon Consideration TO this question I answer that none can be a visible Judge but he that is the Soveraigne power of the Common-wealth and though he judgeth erroneously and partially he hath onely God that shall judge him Pastors or Congregations must either acquiesce to his judgement and decision as being onely legall or they must suffer for righteousnesse sake Now if one saith the Pastours must be Judges this Judgement must be either of authority or of discretion This latter judgement is that by which every man having reason and conscience is able to discern what is true what is false what is fit and usefull and what is unprofitable and hurtfull by this judgement every Pastor yea any other man may judge of the wrong wayes the Magistrate takes and the Pastour may go yet further for being convinced in his judgement and conscience that the Magistrate liveth in an ungodly way he may and must presse unto his conscience Gods word and his Iudgements but by the first kind of judgement which is of Authority I do not conceive the Pastors can judge the Soveraign Magistrate only they must strive to perswade him counsell him and use no other forcible arms then prayers to God and tears Lachrymae meae arma sunt saith St. Ambros to the Emperor Valentinian II. for it cannot be conceived that two soveraign powers can stand together in a State and Civilians have ever so contrived Laws and Courts as they do not justle and clash one against another Thus though paternall right is most naturall and ancient yet have they alwayes subjected it to the Soveraigne Magistrate and make that yield to this Now as they make three kinds of actions Ecclesiasticall Iudiciall and Military suppose the Soveraigne power Ecclesiasticall should bid a man to go to Church the second power should bid him to go to the market and the third power to the Leaguer I demand how shall this man be able to fulfill all these commands at once belike he will obey none for as saith Tacitus ubi omnes praecipiunt nemo exequitur when all do command there is none that obey therefore there must bee an order among the powers one being subaltern to the other else you can no more conceive a parity of powers then two Gods in the world Letter ANd because ofttimes dicussions may happen in the discussion of the true Doctrine and upon points of great concernment to the Christian Religion the authour of these Articles should have declared whether he understands that the Soveraigne Magistrate is to decide those controversies and whether his meaning is that the Supream counsel be made up of Divines expert in these matters Consideration THough the Soveraigne power should have little or no insight in things pertaining to the Kingdome of heaven yet being by Gods providence the Supream Iudicature of the Countrey this must be taken for a Iudgement of God who as it is said in the 4th of Daniel in his