will upon false supposition allow the Popish Constitution or something like it As for Oecumenical Councils we see what insuperable difficulties have attended the calling of them in all Ages the just grounds of Exceptions in many things of the Determination of doubtful cases in Doctrine and in almost all they have done in their pretences to a Law-making Power in matters of Church-Order and Discipline We have not any ground to believe that Christ hath entrusted any Officers of his Church with a Catholick Power since the Apostes days and such as have pretended to it have always bin opposed by the purest and most reformed part of the Church and whatever mens attempts be or may be they will never finde a Catholick Ecclesiastcal Power here on Earth without a new manifestation of the Son of Man which can exercise such a power of changing Indifferencies into Necessities by a Law wherein the Minds and Consciences of particular Churches and Christians will or may rest satisfied to submit unto in active Obedience It 's as irrational to affirm that Christ hath committed such a power to particular Churches i. e. of making binding Laws Sub poenâ for other Churches or for their own Members or Churches subordinate to them not for other coordinate Churches will they say Christ never gave coordinate Churehes a coercive Power one over another for then all would aspire to Rule and none be Ruled for the power would belong to one as well as another And if any say as the Papists do that Christ hath advanced one Church in Dignity and Jurisdiction over all the rest let them prove it to the conviction of any intelligent Christian and they will do more than the Papists have done ever since their pretence thereunto But it will be pleaded by the Protestant party that Christ hath entrusted every particular Church with this power whereby it may determine of indifferent things of her own practice To which we answer 1. That Christ hath given no Legislative Power to any Church 2. A Judgment of Discretion to walk by the Rules of Expediency is no more to be denied to particular Churches than to particular Christians But for all this Judgment of Discretion Indifferencies loose not their nature though they may be necessary pro hic or nunc in these or those circumstances and are and must stand capable of dayly Alterations as the case shall require and a particular Church may determine of this or that part of the Indifferency as most expedient and so long as the Reasons thereof last it may be in some measure binding unto particular mens consciences but the Reasons ceasing the continuance of the Canon in force in foro Ecclesiae will binde no mans Conscience yea every one will complain of it as a needless Imposition neither will any noble-minded Christian be a Servant to the Wills and Humours of Man or sell the Birth-right the Liberty that Christ hath purchased for Pins and Points neither is it a sufficient Rule for Discretion to walk by because the Church commands and gives no Reason from the Law of Christ for it Besides What Church hath this power committed to them a Parish a Diocess a Province No 't will not be granted of either of them The great Assertors of this Power will say That it belongs to every National Church to make Laws in matters of Indifferency and so ordain their own Ceremonies This is an Assertion that introduceth a whole herd of Absurdities with it For first What is the great end pretended of such Laws but the making of Vniformity in the Church What is more destructive to it than this that every particular Church should be Independent and make Laws within themselves whereas one will ordain Ceremonies of one kinde and another of another and there will be as many sorts of Ceremonies as there are particular Churches Is not this the great exception against the Dissenters from Prelatical Churches that the particular Pastors of each Congregation set up for themselves and Exercise Jurisdiction within themselves without dependence upon any Superiour Power There is no avoiding it upon this Hypothesis but National Churches must be reckon'd Independent Churches 2. Did Christ commit any such power to any such Churches on Earth 3. Again If National Churches may exert such a power then they may make binding Laws to all Subordinate Churches viz. Provincial Diocesan Parochial and if so then for this Reason because they are more comprehensive Churches including the less Then by the same Reason the most comprehensive Church viz. the Catholick should give Laws to the National and for a greater and more eminent end viz. to promote an Vniformity Catholick for if a National Vniformity be so splendid and so much conducing to the bene esse of the Church then a Catholick much more § 4. Argum. 3. To make a Law contrary to the revealed Will of Christ is unlawful and Sinful But for the Church by a Law to change Indifferencies into Necessities is to make a Law contrary to the revealed Will of Christ Ergo. The Major is granted for these Law-makers say they do not by their Laws establish any thing contrary to the revealed Will of Christ for hath he any where forbidden such Ceremonies We proceed therefore to the proof of the Minor If all Necessities in the Worship of Christ be made so by Christ's Will revealed and all Indifferencies become such because they are not restrained under Christ's Law then they are so because Christ would have them to be so For a Christian can take no measure of Indifferencies but by the Law of Christ for he cannot know them but by knowing the Law binding unto Necessities by Commands or Prohibitions So that Indifferencies are made so by the revealed Will of Christ as well as Necessities and the same Law that makes the one thing a Necessity makes another an Indifferency and Christ in his Wisdome sees it best for his Gospel-church that it should be so and he that undertakes to make these indifferent things necessary enters upon a high presumption no less than the altering the moral Nature of a thing constituted by the revealed Will of Christ and what is this less than making Laws contrary to the said Will of Christ That is only necessary in the Worship of Christ which he hath made so and that indifferent which he hath left so by his Will an Indifference in his Worship is no other than something not necessary in his Worship for there is no medium they are adversa Therefore he that wills something to be necessary which Christ willed not necessary doth will something contrary to the Will of Christ by all Rules of Logick and right Reason in the world I know it will be answered That they do not alter the nature of the thing it remains as it was but this or that determination for practice is to be obeyed when it is commanded as the Father commands a Child to take up a Pin it 's an
Legislative Power Chap. 5. Concerning the nature of Conscience Chap. 6. Concerning the dominion of Conscience Chap. 7. Of the strong and weak Christian Chap. 8. Of Scandals and their natures Chap. 9. Of Necessities and Indifferencies Chap. 10. Certain Propositions concerning Necessities and Indifferencies Chap. 11. Of Christian Liberty Chap. 12. The first Question handled about things indifferent Chap. 13. Of the Power of the Church in things indifferent Chap. 14. A Digression concerning Subordination of Pastors in the Church Chap. 15. Of Magistrates power in matters of Religion Chap. 16. Of the use of the Magistrates Sword in the execution of Ecclesiastical Justice Chap. 17. Of the limits of the Magistratical power in matters of Religion Chap. 18. Of a Christians duty in case of humane Laws in matters religiously indifferent Chap. 19. Of Humane Constitutions in the Worship of God besides the Word Chap. 20. Of the united Power Legislative of Church and State Chap. 21. Of Decency and Order Chap. 22. Of Imposition of Ceremonies Chap. 23. Of Obligation to a Form of Prayer ERRATA PAge 12. line 3. for when he by his Law read when man by his Law P. 13. l 3. for immediately r. mediately Ibid. l. 30. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 31. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 24. l. 9. for obedience r. such obedience Ibid. l. 26. for Masters r. Master P. 25. l. 37. dele The in the most certainly P. 35. l. 13. dele They. P. 36. l. 4. for our r. your P. 44. l. for just and equal r. justly charged P. 45. l. 3. dele thereof P. 48. l. 20. for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 53. l. 27. for duty r. guilt Ibid. l. 12. for in religious service r. religious service P. 85. l. 24. for c. r. and. Ibid. l. 39. for Co-ordination r. Subordination P. 88. l. 35. for Nation r. Nations P. 93. l. 8. for by Assemblies r. assembled P. 100. l. 21. r. unlawful in the Worship of God P. 112. l. 33 dele therefore that P. 114. l. 16. r. and sound in his principles P. 125. l. 19. r. of what hath been said is Ibid. l. ult for consequentially r. consequential P. 128. l. 11. for thught r. taught P. 140. l. 2. for and Christ hath r. and hath Christ P. 152. l. 17. for prophane use of them r. prophane manner CHAP. I. Of the Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto § 1. THat there is such a thing as Christian Liberty none pretending to a true information in the Doctrine of the Gospel of Christ I suppose will deny neither need I make it my present task for to prove But the great Contest for many Ages hath been about the true Nature and Extent of this Liberty Some stretching the bounds thereof larger than Christ ever did intrenching on Civil and Moral Laws opening thereby a gap to Licentiousness and the violation of the bonds of Humane Societies in Magistratical Rule and Government Others curtalizing and abridging the said Liberty not allowing it those lawful extents allotted thereto by Christ audaciously depriving his poor Members of many Gospel-Priviledges and Advantages granted them by Charter from the Supreme King and Lawgiver Civil and Antichristian Powers still making it their business to spy out this Liberty and their great designe to bring them into Bondage § 2. Calvin observes Duplex esse Regimen in Homine alterum Spirituale quo Conscientia ad pietatem cultum divinum instituitur alterum Politicum quo ad Humanitatis Civilitatis officia quae inter homines servanda sunt homo eruditur Jurisdictio Spiritualis Temporalis i. e. There is in Man a twofold Government the one Spiritual whereby the Conscience is instructed unto Piety and the Worship of God The other Political whereby a man is taught the Duties of Humanity and Civility which are to be observed between man and man a spiritual Jurisdiction and a temporal Which Observation hath Moral foundation and an Evangelical ratification the whole of a Christian being comprehended under these two Heads of Duty charged upon us by the Old and New Testament towards God and towards our Neighbour On the first of which Christ hath by his peculiar Legislative Power over his Church established the whole Oeconomy thereof On the latter he hath chiefly raised the edifices of Civil States and Humane Societies where he hath allowed a latitude of Legislative Power unto the Sons of men as unto his Delegates and Substitutes in earthly Rule and Government Unto both of these Jurisdictions he hath laid on man a firm Obligation by planting his Moral Light in Conscience so that he cannot start from either of these Duties without starting from himself as our first Parents did in their Transgression and all others in putting forth the poyson of that original blot in actual sins of Omission or Commission all which are but irregularities or nonconformities to this Moral obligation laid on Conscience either manifestly so or easily reducible thereunto For whatever is a trespass against the revealed Will of God for Duty in Moral Obedience or instituted Worship is a sin not but that Instituted Worship is fundamentally Moral Obedience but is therefore in some sense distinguished from it the serving of God according to his own appointment being the principal part of the Moral Law because God hath according to the several states of his Church altered the mode and manner of his Worship as he hath thought it best in his Wisdom and as hath bin most suitable to the several ages and states of his Church which alterable or altered Circumstances being the product of Christ's Prerogative alone are called his Instituted Worship § 3. Hence both these Jurisdictions are Primarily and Morally subjected to the King of Kings he orders disposeth of and rules in the Kingdoms of men as well as in his Church and hearts of men yea by ruling Heart and Conscience as well as by disposing Providence he rules Civil States and subordinate Societies but the manifest difference is here that God's political Rule in the Kingdoms of the Earth and humane States is more remote and mediate but that of Church and Conscience being Spiritual is more proximate and immediate He only gives general Laws to Civil Societies and leaves a limited Legislative Power as to particular collateral and incident cases to humane Governours substituted providentially by him To these he leaves the immediate administration of Rule and Government as to an Executive Power altogether and as to a Legislative Power in a great measure but hath reserved the immediate administration of Rule in his Spiritual Dominions to himself alone as to Legislation in his Church and both Legislation and Execution as to Conscience § 4. These two Modes or Degrees of Administration must not be confounded together Man must have no greater share in Rule and Government than
spiritual mediatorly administration of rule towards his purchased ones and this is twofold in or over persons particularly or in and over bodies politick In and over particular persons his Throne is the same viz. Conscience in the regenerate and unregenerate onely he rules these legally and the other evangelically these by a Law of Fear them by a Law of Love merely natural men by a dispensation of the Covenant of Works Believers by a dispensation of the Covenant of Grace And here the light of the glorious Gospel of Christ rules in a Christians Heart and the Conscience according to rule acquits or condemns Neither is the true regulating force of the Moral Law any way extinct but the terrifying embondaging nature of it removed or at least abated any remainder of which is called the Spirit of Bondage neither is there therefore two Laws in a Believer Moral and Evangelical but the Moral Law is evangeliz'd to him by his new relation to Christ the Curse being taken away due to the sinner and he coming under another obligation to an obediential conformity to the Law viz. the greatest ties of love and thankfulness and hence his Obedience is called New Obedience § 6. Another part of his special and immediate Government consists in his giving Laws to his Church Militant and deputation of Ministers for execution thereof and therefore he is called The Head of his Church Eph. 1.22 Hence his Apostles and Prophets durst not teach any thing but what they had immediately from him either by word or tradition Matth. 28. and we may boldly assert as James 4.12 there is but one Law-giver and though it be so plain and indisputable a truth yet because men of corrupt mindes by practice and argument have made it their great aim to rob Christ of this Prerogative we shall make it the principal part of the ensuing Discourse to illustrate and confirm this position against all humane Vsurpations § 7. Christ's immediate Government of his Church Militant is not to be understood as if he had not appointed the executive administration to be by Pastors and other Officers deputed by himself as appears from 1 Cor. 12.28 Ephes 4.11 12. but the meaning is that it is immediate these two manner of ways 1. In that he hath not authorized or commissionated any such Officers or Governours on earth who may compose and enact new Laws for the disciplining of his Church in the order and manner of his instituted Worship his own Laws here are onely binding 2. In that all Church-officers receive their executive power from Christ immediately nullo Papa aut Episcopo mediante neither have any of them any power of deputation or substitution of others to execute that Office or Power committed to themselves by Christ And herein lieth the opposition between Christ's immediate reign in his Church and his mediate in the Kingdoms of men and for this amongst other differences which Amesius makes between the Magistratical and Ministerial jurisdiction he saith Magistratus jurisdictionem habet cum Imperio atque adeo si summus sit justâ ratione possit leges condere abolere atque jurisdictionem aliis mandare Sed Ministri Ecclesiastici in sese considerati sunt mandatorii meri qui proprii nihil habent sed quiequid legitime agunt id omne vice Christi mandantis agunt atque adeo neque leges possunt ferre neque aliis mandare potestatem illam quam acceperunt Medul lib. 2. cap. 17. § 48. § 8. The chief of our assertion about the immediate Government of Christ concerns his Legislative power that where-ever he governs in this manner he hath reserved the Law-giving-power to himself as his peculiar Prerogative as to natural Agents Who can give and prescribe Laws for such orderly and natural direction of them to their several places and ends but the Creator alone Who can give Ordinances to the Sun Moon and Stars set a bound to the Seas command the former and latter Rain appoint the vicissitudes of Day and Night Summer and Winter Spring and Autumn c. and would not such a Creature be justly chargeable with the greatest folly and presumption that should pretend to such a Power and therefore God challengeth Job on this account Job 38. As for Conscience all are witnesses that will deal but impartially in the acknowledgment of the truth that there is nothing lays a true obligation thereon but a Divine Law neither do Humane Laws any farther binde Conscience than they are dependent upon or reducible unto some Divine Law and therefore all true obedience to them is for the Lords sake As for the Church he always prescribed what Law and Rule he would have the affairs thereof managed by The Church of the Jews had her Laws from Christ though under a more legal and typical Dispensation executed in the ministration of Moses and of other Ministers of his own appointment in that Levitical Oeconomy So in the New Testament he sent forth his Ministers to teach onely such Laws and Orders of his House as he himself had instituted and appointed and he is compleat in that respect in his House which in some respect is more properly his the Old Testament-Church being called Moses's house because the will of Christ is here more plainly and fully dispensed and administred more immediately Christ acting there by the ministration of Moses for the delivery of Levitical Laws and for constituting and ruling the Body Politick of his Church but in the latter days of the Gospel God spake to us by his Son Christ immediately himself delivering the order and manner of the Gospel-Church when he was here on earth and after his Ascention by his Spirit inspiring his Apostles and such as were extraordinarily qualified in the primitive times since which he hath managed that Government by his ordinary Ministers acting according to the Rules and Prescripts left behinde him in his holy Word CHAP. IIII. Of Christ's Mediate Legislative Power § 1. HAving somewhat treated of the immediate Jurisdiction of Christ it 's needful to speak a little of his Mediate viz. how far he rules Bodies Politick by the mediation of man or hath committed a power of law-making and executing unto him and to shew that mans power cannot be indefinite and unlimited but derivative and limited and for the illustrating hereof we are to examine whence man hath his Civil Power and how far it extends § 2. All Civil Powers have their just Authority from Christ the King of Kings the Head of all Principalities Powers Body Politicks Societies as is manifested by the following Scriptures and such others Prov. 8.15 16. Dan. 4.25 Rom. 13.1 2 4. wherefore it is the manifest will of Christ 1. That there should be Civil Government in the world 2. That the personal possession of it be received by the all-disposing Providence of God 3. That it 's an Ordinance and appointment of Christ that such execute distributive Justice for the encouragement of Well-doers
and discouragement of Evil-doers 4. That in the faithful discharge of this trust they are Gods Ministers attending his work § 3. As the King of Kings hath given Magistrates their power so he hath set them their bounds of Government insomuch that they be not Plenipotentiary but are liable to the Law of the supream Law-giver which they may transgress in respect either of the Laws themselves or of persons subjected to them In respect of the Laws two ways in Law-making or Executing In Law-making these ways 1. When they presume to enact such Laws as directly cross any of Christ's Laws either the Law of Nature to enjoyn unnatural things or when he by his Law shall contradict the Moral Law or any Appendix thereunto Or lastly controul the Laws of Christ for the Oeconomy of his Church i. e. in making any Laws to obstruct the execution of Christs Laws according to his revealed Will. 2. He may transgress in Law-making by entrenching on the Legislative Prerogative of Christ either in respect of Moral Obedience or Instituted Worship or any Forms or Rites thereto belonging 3. In failing to Enact such useful and necessary Laws as are needful and requisite for the right ordering or management of the Common-weal or particular Subjects under his Dominion He may fail and transgress in Law Executing either in a slack or careless execution of good Laws or undue application of them or partial distribution of Justice by them all which is Injustitia or he may fail in too vigorous and extreme prosecution and so be guilty of Summum Jus which since the Fall is Maxima Injuria because there is no allowance or abatement for the natural failings and weaknesses of the Subjects obeying § 4. As he is liable to transgress as to Laws so also as to persons 1. By a partial Execution of Justice with respect of persons 2. In pressing the power of his Law further on persons than Christ ever permitted as in endeavouring to impose on Conscience and bring it into thraldom by forcing men to ambiguous Oaths Declarations or Subscriptions 3. When he useth his Power for the obstructing and hindering the Members of Christ in the use of those Priviledges or lawful Liberties granted them by Christ himself § 5. Whence it appears That the Civil Magistrates Jurisdiction is limited to the Civil State and to all persons and things considered in a Civil capacity And thus far he hath Power over the persons of Christians and particular Churches whilst Militant so far as they are persons and Societies laying claim to Civil Rights and Priviledges or capable of doing or receiving wrong and injury being men subject to Passions and Failures with the rest of Mankinde A Christian is subjected as hath been said to a twofold Jurisdiction Internal and External Internal respects the Jurisdiction of Conscience or God's ruling man by it and here is an impossibility of any third persons interposing between God and us The External Regiment to which a Christian is subjected is Political and that by God's Ordination is twofold viz. Of the Body Civilly Politick and Spiritually or Ecclesiastically Politick this is subjected immediately to the Ecclesiastical and Spiritual Gubernation of Christ alone the other iâ—mediately under the Rule of the Civil Magistrate Now the contest between these two Polities hath been the Original of most of the Trouble in the Christian World Since Christ's presence here on Earth it hath always been mans presumptuous Ambition to sit in his Throne more or less Sometimes Secular Dignities assuming to themselves Legislation in matters of Divine Worship whence hath arose so great Persecutions from Magistrates because Christ's Followers refused to betray or deliver his Prerogative into their hands and judged themselves bound to obey God rather than man Again sometimes usurping Officers in the Church pretending to a derived Power from Christ have assumed the place of Christ himself in and over his Church justling him as much as in them lay out of his Throne hence hath arose the Antichristian Vsurpation tyrannizing not only over Bodies Politick but over Conscience it self and as a just Judgment on Civil Powers which will not kiss the Son but break his bonds and abuse his Churches and Members have bin permitted by Christ to set their feet on the necks of Kings and Governours of the Earth the intolerable burthen the Earth groans under and hath done for many Ages and were they but removed each into its proper sphere i. e. were but the Churches of Christ eased of Civil Usurpations in some Nations and Commonwealths from Ecclesiastical in other and Conscience delivered from the rapes wrongs and injuries insolently offer'd to it from both the Christian World would become such a Paradise of Felicity that scarce yet hath bin since the Infancy of the Gospel-Church and without such reducement of the World to the due Liberties of Church and State we cannot enjoy that worldly Felicity which a good man is capable of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand A good man aiming at Felicity Would either dye or at his home live free CHAP. V. Concerning the Nature of Conscience § 1. Having thus far briefly enquired concerning the Jurisdictions a Christian is bound in Duty to submit unto viz. Christ's and Caesars and though he is conscientiously to subject himself unto both yet Christs Authority is to be preferred and he is to have his due in the first place because all others who derive all just and rightful Authority from him are limited by him and must give an account unto him Therefore we say with the Psalmist Give unto the Lord O ye mighty give unto the Lord the Glory due unto his Name And as commanded by Christ Seek first the Kingdom of God and the righteousness thereof c. § 2. The first thing then here to be done is to vindicate the Soveraignty of Christ both in the persons of particular Christians and in Ecclesiastick Bodies Politick in both which he hath reserved the Legislative Power to himself and never yet committed it to any other And first of his Power in Conscience and that it may the more clearly appear that Christ only rules in Conscience it is needful we a little explain the Nature of Conscience and then proceed to prove that the Jurisdiction of it belongs to Christ alone § 3. Conscience taken strictly secundum notationem nominis is a Knowledge together i. e. A mans knowledg of himself and his actions together with another who knows the same with him or as some think the knowledge of his Actions together with the Rule by which they ought to be squared and directed which knowledge must be placed in the Understanding of a rational Creature Mr. Perkins saith It 's a part of the Vnderstanding I had rather say it is Modus Intellectus for the Understanding acts per totum non per partes This is that Spirit of a man which knows the things that are in a man 1 Cor. 2.11
worship of God all being alterable in Addition or Substraction by the will and pleasure of man He may alter the Modes and Dresses of the Church in all matter of Ceremony at least that the Church will be liable to as many new fashions as an English man as one Magistrate may change his own Laws so many will change one anothers one it may be being Popish another Episcopal a third a Presbyterian So that if the Magistrates Laws must binde the Church Ecclesiastically it may be bound and unbound a hundred times in a few years and put on as many Shapes as Proteus for still as there is new Lords so new Laws But where there is a permanency and unchangeableness of Lords and Lawgivers there will be a certainty and stability of Laws as always under Christs immediate Legislation 3. If this power be allowed to a Magistrate as such then to a Heathen Magistrate and he may make Laws according to his Religion viz. that Christians should eat Meat sacrificed to Idols which eating in it self is an indifferency 1 Cor. 10. But I would fain know whether any of the strenuous Protestant-contenders for the Magistrates power in this kind would not think it a great sin both for the Magistrate to make such a Law and for any Subject knowing of it to obey him in it Again a Jewish Magistrate may make a Law that all should be circumcised because Paul determined it to be but an Indifferency after the abolition of the Jewish Law a man might cut off his Foreskin or let it alone Circumcision was nothing and Vncircumcision nothing it was but the taking away or keeping a little fleshie skin But I would ask whether if any Magistrate should make such a Law that all the Males in his dominion should be circumcised whether every conscientious Christian would not then suffer much before he would be circumcised saying as Paul That if they were circumcised by virtue of such an Imposition Christ would profit them nothing And this is the Doctrine preached by him to the Galatians § 3. Christ hath not granted any such power to a Christian Magistrate as a Christian merely if so it will follow 1. That one Christian may institute a way or mode of Worship for another 2. That a strong Christian being a Magistrate may force the weak to use all those things that he calls indifferent though the other call them and reputes them unlawful and sinful 3. If the Scales of Providence turn and the weak Christian be made the Magistrate he may pay home the strong and make a Law for him to punish him if he use that as an Indifferency which he esteemed so and so binde him up in many things from walking by the Rules of Expediency 4. Every Magistrate that calls himself a Christian must be allowed the Christian's power though never so prophane erroneous or heretical for who dare controul him so far as to say he is no Christian or to wrest the Ecclesiastical Sword in this kind out of his hands if it belong to him quâ Christian Or how dare any to say he is not a Christian so and so qualified and therefore hath not such a power Neither is it fit any exception should be taken in this manner for we know nothing lies more open to censure than Magistrates Religion and if every Subjects humour must be a Standard to the Magistrates Religion all things would fall as certainly to confusion on that side If you allow such a power to him as Christian so he professeth himself and so he takes it and it 's too late to dispute with him about his Sincerity and Qualifications under that denomination he took the Sword by your allowance and hath now more wit than to part with it upon every humoursome exception made against the strictness or modality of his Christianity 5. If as a Christian then such a power is a proper adjunct of a Christian and every Christian should have it but nothing is more false and absurd than this § 4. Arg. 2. That which destroys Vniformity in the Church ought not to be allowed but for the Magistrate to exercise such a Legislative power destroys Uniformity in the Church Ergo not to be allowed The Major will be granted by our Contenders for Vniformity in Ceremonies The Minor is evinced thus it certainly hinders and destroys Vniformity in the Catholick Church and that which destroys Uniformity in a Vniversality is the most universal enemy to it for if every Supream Legislator in each Nation may dress up the National Church in a suit of Ceremonies shred out of Indifferencies according to the imaginations of his own brain in which Ceremonies the great Uniformity contended for doth consist there can never be an universal concord of all Nations of the English Greeks Romanists c. to perfect and compleat the most beautiful and necessary Vniformity All other ceremonial Uniformity which men undertake to plead for is but Vniformity in Independency Disunion Disagreement if not Schism it self for though it be National yet if it be not Vniversal it 's but a particular Church in a way of separation from other Churches as an Independent Congregation in a Parish that is Uniform within it self in judgment and practice but disunited and separated from the Parish and all other sorts of Churches whatsoever Now if the stress of Vniformity lie here as these men plead it cannot stand upon this basis of the magistrates power for there will never be the sameness of Ceremonies in all places Rulers being so adverse to each other that they glory rather in a contrariety of Laws and Customs than are ambitious of having the same And let it be considered whether the giving this power to him doth not cut the very Throat of Vniformity in the Catholick Church and lay the very Seed-plot of Schism and Division Hence those Principles that lay the undoubted ground of Uniformity in a universal Head Ecclesiastical do go upon far surer grounds of Reason for the effecting it than those that pretend and designe to effect it by the Magistrates power as we have shewed before § 5. Arg. 3. He that may not assume to himself the Executive power of Ecclesiastical Laws cannot enact Laws of the same kind But the Civil Magistrate may not assume to himself an Executive power c. Ergo The Major is evident because he that maketh Laws may undertake also the Executive part or dispose of it by deputation And the Argument of the Major is from the less to the greater for the Executive power is primitively in the Law-maker and cannot become anothers but by derivation from him Minor but the Civil Magistrate hath no such power conveyed to him c. I mean Judicial Ecclesiastical Execution according to the true intent of the Law for Christ's instituted Worship It is true so far as Civility and Morality is to be maintained in Religion and in the Churches as well as Families and other Societies therein they
not onely to the power of Godliness but to common Honesty and Morality 2. If it had been Political Wisdom or Justice to annex such Penalties to Ecclesiastical Laws of any kind sure Christ in whom are all the Treasures of Wisdom would not have been wanting in annexing Penalties of that kind to his own Laws of the greatest and weightiest concern to his Church 3. We judge of the greatness and weighty concern of any Law usually by the greatness of the Penalty annexed in case of transgression and therefore herein we may apprehend that the Churches own Laws challengeth a preheminency before the Laws of Christ's own composure and would this King of kings make onely Laws of lesser concern and substitute others to make the greater this is absurd to believe 4. It is a great piece of pride in Mother-Church to advance her self so far above the Civil State that the Magistrate should become the Executioner of her Laws for the Law-maker hath always a great priority and dignity above the Executioner If it be replied That the Church onely craves the Magistrates assistance to compleat her Ecclesiastical censures and make them stick closer on upon the backs of Offenders Answ Herein the Church bewrays her own weakness in that she confesseth she is not a compleat Polity neither hath power enough to reform her self or effectually enough to execute her own Laws without being beholding to an Exotick power As if a Master of a Family had not power enough to execute Domestick Laws in correcting a Child or Servant without asking his neighbours leave and calling for his assistance But in case the Church saith as indeed she doth that she goeth to the civil Magistrate by way of Appeal and the said Magistrate hath power at his pleasure to supersede her proceedings This is to set the State above the Church in Ecclesiasticks whereas the civil State is Subordinate to the Ecclesiastick ecclesiastically and the Ecclesiastical to the Civil civilly and both in respect of the exercise of Jurisdiction in each particular Orb parallel or co-ordinate § 9. Lastly such Penalties that cannot answer the natural end and designe of Church-censures may not be annexed or used by the Church but such a Penalty answers not c. The Major is undoubted the Minor thus appears 1. Because the Sword of the Magistrate reacheth but the outward man whereas the end of Church-censures is to reach the Conscience 2. The natural use of Church-censures is the exercise of them in foro Ecclesiae but the Coercive power of the Magistrate may not be exercised in foro Ecclesiae upon any allowable pretence whatsoever CHAP. XVII Of the Limits of Magistratical Power in matters of Religion § 1. THe third Enquiry propounded is concerning the true bounds and limits of the Magistrates power in matters of Religion a great and difficult Question but of very great concern to us that it be rightly resolved I do not expect to be so happy as to give others full satisfaction in it I being not able to do it to my self so far as I would I shall onely go as far as I can and is convenient for this undertaking with all possible brevity and demonstration We spake before in the two former Questions concerning the Magistrates power in matters of Indifferency both Legislative and Executive on the behalf of the Church This Question is of larger extent concerning his whole power in matters of Religion and enquire how far he may and ought to go and how far he may not go i. e. he cannot go without Usurpation § 2. Matters of Religion is a large word and it comprehends not onely Religion it self but all circumstances and attendances thereof which are Indifferencies in themselves neither moraly good or evil but in regard of their tendency and respect they are so Concerning the Magistrates Legislative power in these things we have spoken somewhat already I shall speak no more here of the nature of Religion than to make way for my present Undertaking Religion is usually understood to comprehend all moral Duties and all instituted Worship to which if we adde the aforesaid attending circumstances we use a larger way of expression and call them matters of Religion § 3. The Moral Law is a general standing Rule to all sorts of Actions Persons and Societies of the children of men whereby God himself hath challenged the first right of dominion as of particular men so of all necessary Fabricks of Rule and Government in the world So that all Actions Persons and Societies duely measured and squared thereby are rightly called Religious and the contrary Irreligious Hence particular Domestick Ecclesiastick and Civil Jurisdictions in a Christian Commonwealth are in proper sence called all of them Religious § 4. Religion taken in a stricter and more limited sence is understood of a holy life and conversation of particular Persons and Societies not onely according to the general Rules of moral Obedience but according to the more particular and special appointments and Gospel-institutions of our Lord Jesus Christ whereby he separates unto himself the most choice and peculiar Societies in the world under his proper and more immediate Rule and Government which are called his Church § 5. Therefore 1. The civil Christian Magistrate hath no power in the strict sence in matters of Religion quatenus Magistrate no more than a Heathen hath for though the embracing the Christian Religion doth much capacitate the civil Magistrate as to his inclinations and endeavours for the improvement of his Magistratical power toward the advantage of Religion yet it adds no new power or jurisdiction to him over Churches Families Christians or others for a Heathen Magistrate is as much in his place the supream Head and Governmnour of the Church considered in a civil capacity under his Government as the most Faith-defending Christian or Catholick Prince in the world Neither by his embracing Christianity doth he attain any augmentation of his Magistratical Power Headship or Supremacy A Christian is no more bound as a Subject by the Rules of the Gospel to a Christian Magistrate than to a Heathen or Heretical Magistrate The Rules are indefinite to a Magistrate as such though a Christian Subject will be the better man and Subject and a Christian Magistrate the better man and Magistrate Christianity making every one the better man and better qualified for the performance of the relative Duty of his place that he is set in § 6. Secondly No civil Magistrate can be an Ecclesiastical Head and Governour of the Church as such It 's Christ's Prerogative to be the Supream and to constitute what other Heads and Governours he in his wisdom thinks best But I finde not that he ever made any Magistrate a constitutive Ecclesiastical Head or Governour to his Church virtute Officii for if so in every Christian Dominion the Prince should be the Metropolitan and the true Pastor to that National Church § 7. Thirdly No civil Magistrate can by virtue of
all actions becoming a Christian Commonwealth then so far the Christian Magistrate hath power more or less so far as may conduce to the due maintaining of the being or well-being of a Christian State and therefore is to be conservator unriusque Tabulae he hath the conservation of the second Table committed to his care that it may be a civil State of the first that it may be a Christian State And therefore as a Family is to preserve the honour and justice of the Moral Law by an Oeconomick Sanction and the Church by an Ecclesiastick so the civil State by Civil Sanction each according to their just derived Laws whereby they are respectively to govern and distinctly to administer § 19. The great Question here is How far the Magistrates power extends in the making and execution of Penal Statutes We have shewed that the Lord Jesus hath not reserved to himself so neer a propriety in the government of civil States as of his Church having taken it as his peculiar Prerogative to give Laws unto his Church and presides there as the only Legislator But unto States he hath onely given them the Magna Charta of the Moral Law and hath allowed unto them a Legislative power in all matters concerning the various Exigences and divers Requisites with attending Circumstances in the due management of state-State-jurisdiction so as the said Laws are promoting of the common Peace and Justice of their Dominions and deducible from and founded on the said Rules of Distributive and Commutative Justice § 20. The Laws of men that are just and reasonable may take place in all things conducing to the being and well-being of a Christian Commonwealth both as to the matters of the first and second Table so far as is necessary to the managing of it under the due qualifications of a civil State and therefore may not onely punish crimes committed against the second Table but such as are against the first also And there are these especially that they are concerned in 1. Blaspheming of the true God under which is comprehended common profane swearing transgression especially of the third Command 2. Worshipping of false Gods a sin against the first Commandment 3. Idolatry or the worshipping of God by Images a sin against the second Commandment 4. Prophanation of such times as is by God appropriated to himself for publick Worship a sin against the fourth So that these are palpable as to matter of fact clear as to the nature of the offence and of dangerous consequences tending to the eminent ruine and apparent danger of a civil State § 21. In the concernments of the second Table God hath left the civil Magistrate more Arbitrary in making or executing civil Laws as the necessity of the State doth require laying the general Rules of Moral Justice and the particular and relative benefit of the Commonwealth and Subject before his eyes Now in the matters of the first Table being the moral Rule of duty towards God he onely requires the Magistrate to punish and restrain those Vices in this kind that are notorious infectious and pestilent to a Christian Commonwealth in matters of natural Worship reserving instituted Worship built fundamentally on the same precepts to another manner of dispensation wherein the civil Magistrate is not to intermeddle as such neither as to Legislation nor Execution of Penalties nor deligation of Officers § 22. As Murthers Rapines Adulteries Perjuries c. are destructive to Properties Communities and Relations and so to all civility in a State where such Vices predominate and are not generally suppressed by Justice it cannot be denominated a civil State but rather a Pagan Salvage nation So where false Gods are multiplied and worshipped the true God is blasphemed openly and notoriously and all times for publick Worship of him by his own appointment prophaned publickly and generally And such Vices not suppressed by Magistrates such a State cannot be called a Christian civil State but Heathenish whatever moral Justice there is between man and man § 23. Though all sins be alike breaches of Gods Law yet none but those of a more gross external and exemplary nature fall under the cognizance of mans Justice The Blasphemy Profaneness and Concupiscence of the heart are not punishable by man it must come to the Magistrate per allegata probata that such an one blasphemed God worshipped an Idol prophaned the Name of God by swearing c. and that openly either in contempt of that God that is worshipped or that Worship set up or in order to the delusion and seduction of others for it would seem very hard to break into the private houses or appartments of Idolaters that may dwell in the land and proceed judicially against them for that Religion which they are peacibly retired to without any endeavour to publish or prvpagate to the disturbance of the publick or infection of others But no Magistrate ought to suffer that God to be openly blasphemed which he worships If Heathens in a false Worship are zealous upon this account how much more ought Christians Though no Magistrate can enforce any Subject to worship his God or ought to do it by a Penal Law as hath been said yet he may punish him for blaspheming him or for seducing any from the Worship of the true God yea for Apostatizing from the Worship of the true God after he hath owned it Precepts and Persidents in the Old Testament are pregnant to these purposes which I need not enlarge on those that read the Scriptures are acquainted with them But we finde no Precept nor Example for endeavouring to reduce a poor Heathen from bare Idolatry to the Worship of the true God by pecuniary Mulcts and corporal Punishments and I am sure Christ never practised it nor commanded it in the New Testament § 24. The great difficulty that yet attends this case allowing the Magistrate a power as such in some matters concerning our duty directly to Godward what are adaequate and proportionate Penalties in such cases as these for the Magistrates power is always insignificant whatever the Law is if there be not a Penalty annexed to it and vigour in the just execution thereof Now the Enquiry is Of what kind and degree of punishments of such Transgressions ought to be Answ I apprehend it is a hard thing to determine to all mens satisfaction I know some have recourse to the proceedings of the Judicial Law which was but the reduction of the Moral Law into Civil Practice for the State of the Jews and look upon them as binding to Christian Magistrates But I suppose the Judicial Laws to be rather presidential onely that Christian Magistrates may take a measure thereby for the degree of Penalty setting aside their different Emergencies of State and extraordinary cases when God would make one sinner in a case exemplary to all ages by his Prerogative and special Command as in Achans theft and the prophanation of the Sabbath by picking up of
The Catholick HIERARCHIE OR The Divine Right of a SACRED DOMINION IN CHURCH AND CONSCIENCE Truly Stated Asserted and Pleaded Put them in mind to be subject to Principalities and Powers to obey Magistrates and to be ready to every good work Tit. 3.1 Give none offence to Jews nor Gentiles or to the Church of God 1 Cor. 10.32 The spirit of a man is the candle of the Lord searching all the inward parts of the belly Prov. 20.27 LONDON Printed for Sam. Crouch at the Princes Arms in Popes-head-Alley in Cornhil and Tho. Fox at the Angel in Westminster-hall 1681. TO A WORTHY GENTLEMAN SIR WHen the mindes of men are blinded with Interest and Errour or vitiated with Prejudice and Partiality the wonted manner of opposing Truth is fortiter calumniari being not able any longer to defend themselves by subtile Sophistry and cunning Evasions from the convincing evidence and demonstration thereof Hence it must be either stigmatized with terms of Opprobry and Contempt or its right names exposed by a proverbial and malicious abuse to the scorn and derision of the Ignorant and unstable Vulgar most easily by artificial pious Fraud inspired with a fond Opinion and through the enchantment of that Opinion transported into a furious Zeal for or against such things as they never weighed in any balances of right Reason or duely examined the goodness or evil of and hence are carried this way or that way as designing men shall lead them or as the wind of Popularity raises the swelling Surges of boundless Passions and Affections verifying the Saying of the old Poet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand Opinion more than Truth impression makes On th' Vulgar and as more perswasive takes And truely Sir among good words perverted from the right meaning and abused to Reproach none have been more than those two which the Author of this small Treatise hath dignified his Title-page with A Catholick in our days is become as contemptible as a Puritan formerly or a Phanatick now whenas every good Christian is really a Catholick and doth approve himself so in his Principles and Practice is a Member of the Catholick Church hopes to be saved by the common i. e. the Catholick Faith exerciseth Catholick Holiness in his life and conversation holding a Catholick Communion with all visible Catholicks And this is the Christian that is likeliest to contribute most to the healing the manifold heart and Church-divisions among us And as for Hierarchy it 's well known how our Age hath delivered it up to the infamous usage of scurrilous Tongues and Pens notwithstanding its venerable and never-enough to be admired significancy that the very naming it calls for Reverence and Devotion yea it s very letters and syllables will be a Monument of Renown maugre all the designes of ill-minded men to abandon the Churches glory and to convert all Ecelesiastical Decency and Order into a confused Chaos of phantastical Imaginations or a miscelany of private Humours and Interests And do men know what Hierarchy is that speak so irreverently of it is it not a Sacred Jurisdiction and where is it seated and exercised is it not in the Church and Conscience seats of its dominion so sacred that no Secular Power can aspire unto without the highest usurpation And there is no true Church and sound Conscience in which the Hierarchy doth not exert its power and is not as freely submitted unto with all due homage and obedience And whatever some licentious Protestants may pretend to and raise so much dust of contention about or of whatever Churches of unquoth names and worse natures they profess themselves Members if ever they intend to be saved they must notwithstanding all their religious Huffs at last be found Members of the Catholick Church and be subjected to the Catholick Hierarchy thereof And till this professed subjection become more universal among Christians Religion will still be splitting on the Rocks of Faction Schism and Phanaticism Sir you will finde the principal designe of those few sheets submitted to your judgment is to recommend this Panacaea or Catholick Remedy for the sound healing of of our morbid Church which seems to labour under some Disease not unlike the Microcosmick Scorbet being according to the account of late Physicians a complication of all Distempers or transforming it self Symptomatically into the shapes of all diseases of the Body natural Without doubt our Remedy being prepared and applied S. Artem Spiritualem may contribute towards the recovery of our thrice-honoured but languishing Mother more than all the essential or golden purging Spirit of Cochlear in London can do to the restoring of one Scorbutick body neither is it prepared in every Elaboratory He saith there is one at Westminster can do more towards it than any in England besides He tells me also of one admirable Vertue that it doth wonderfully pacifie the disquieted Archeus of a Body Politick and if it be so I will assure you it 's to be preferred beyond all compare for the plain truth of it is the old Remedies of purging and bleeding do but scurvily agree with it and it 's very apt to Relapses after those rugged Medicines as we finde by sore experience Sir my Friend hath taken some pains out of love to his Country to clear up the nature and demonstrate the necessity of a Catholick Hierarchy though you must not expect to finde that word often mentioned the Vulgar being so apt to start at it as a hard dangerous word pregnant with a Pope Sir I had not obtained leave of my Friend to present these Papers to your view but upon condition that I would apologize on his behalf for the plainness of his Stile saying that he is naturally a stranger to the smooth dresses or high strains of Rhetorick indeed it 's my judgment that the plain truth especially when it acts polemically requires it not but is usually delighted in a garb most like it self and thereby is rendered most acceptable to every good man and solid judgment He likewise humbly desires that you will deliberately read and not suddenly censure any thing as dissonant to truth till you have duely weighed it in it self as in its dependencies and suppositions on which it is built Sir to conclude I humbly crave pardon for the trouble I have given you though I am fully satisfied the subject will not be unpleasant to you whom I know to be an Ecclesiastical Adeptus In respect of your Catholick spirit superlative love to the Church and singular devotion towards the Hierarchy That you may long live and continue in the same minde and practice and many follow your worthy Example is the devout Prayer of SIR Your most humble Servant Catholicus Verus The CONTENTS Chap. 1. OF a Twofold Jurisdiction which a Christian by the Law of Christ is subjected unto Chap. 2. Of a Legislative and Executive Power Chap. 3. Of Christ's immediate Legislative Power Chap. 4. Of Christ's mediate
to the manifested will and intendment of the Law-giver Therefore the power of Execution is always a secundary and derived Power in respect of the Power of Legislation because it supposeth a Law made and the will of the Law-giver to put it in practice which Will is the ground of Execution but is not actually begun till the promulgation and a positive injunction binding unto practice and is compleated either in performing acts of obedience and receiving the Law-encouragements this is chiefly on the part of the Subject or in case of disobedience by executing the vindicative part of the Law which belongs to the substituted Executioners to do and the Subject to submit unto So that all Laws are satisfied in obedience and giving the stated reward thereunto which satisfaction Ergo partly depends on the Subject partly on the Ruler executing or they are dissatisfied in disobedience therefore righting themselves in executing the minatory part on Offenders Hence all Laws are capable of being satisfied or fulfilled as to their whole intent and purpose one of these ways in Active or Passive Obedience on the part of the Subject and the faithful discharge of the executive Power by Governours in the due distribution of rewards and punishments § 10. Hence Executive Power is Obediential or Judicial Obediential is an executive ability in the Subject bound for by his obedience unto the Law he executes and fulfills the will of the Law-giver most properly as to the first intentions for the first end of the Law and designe of its Maker is actual Obedience and both in the Command and Penalty annexed And in this sence the meanest Subject doth put in execution the Law of his Soverain at lâ—â—st in administration of commutative Justice towards the Magistrate in rendring him his own as well as towards his Fellow-subjects in doing justice to them § 11. Judicial executive Power is when the Law-giver or his Substitutes judging of Obedience or Disobedience as to matter of fact do judicially determine the same by and according to the true intent and meaning of the Law and finding Obedience distribute the due rewards and encouragements thereunto and judging of Disobedience omissive or commissive do inflict all penalties in such cases by the Law provided The faithful discharge of which Trust belongs to Governours and is rightly called Distributive Justice CHAP. III. Of Christ's immediate Legislative Power § 1. THough Christ be King of Kings and Lord of Lords in respect of all the Rulers and Principalities in the world visible and invisible yet there is a special Dominion reserved to himself as peculiar in many respects so in this that he hath not committed the management thereof to others in juridical affairs in two respects viz. in Legislation and in Deputation of executive Ministers This is a Diamond in the Crown of his Prerogative as Mediator and sole head of Conscience and Church which he purchased and cleansed with his Blood § 2. That unlimited Supream Power which is every where ascribed to God is Christ's not onely as God the second person in the God-head but as Mediator God-man constituted by the Father Head over the Church and over all things to the Church see Ephes 1.21 22. Matth. 28 c. Ergo he exerts this power not onely as Creator but as Mediator and as such a Legislative power belongs to him not onely properly and primarily as being the political Head of his Church but secundarily for its sake he exerts such a Power over all Societies in the world and having this supream Legislation in his hands he can make what Laws he please and substitute others to what Law-making-power he pleaseth to entrust them with or determine how far in that kinde they may act at their discretion or arbitrement So that Christ rules his Kingdomes either by his own immediate Legislative administration or mediately by inferiour limited Law-givers he rules by himself or by others § 3. His immediate rule is especially to be considered as more General or more Special as he is Creator or as he is Redeemer God as Creator of all natural Agents he onely can command his Creature what it must do in order to those ends for which it was created and this government of natural Agents is in a sense of a Spiritual nature proceeding in a spiritual manner from a glorious Spirit for spiritual ends viz. the glory of Gods Soverainty Power Wisdom Goodness c. all the Creation praising him and ascribing Glory and Honour unto the Lamb which Glory is subordinated to that which shines forth more resplendidly in his Church and he disposing all things in order to his advancement therein to the highest honour and dignity this Government of Christ may be said to be a spiritual Rule and Government § 4. This General Government may be consider'd as he rules intelligible or non-intelligible Creatures these he rules by the Instincts of Nature which may be and are called his Statutes and Ordinances which are no other than the impression of the Will of him that made them As in a Watch or any piece of curious Mechanism the minde of the Workman is plainly read in all the parts thereof He ruleth intelligible natural Agents such as Angels and Men by higher Laws What the Law of Angels is we shall not discuss now nor determine but that they are Govern'd by a Law I doubt not but may be proved both from the sin of them that fell and otherwise for where there is no Law there is no Transgression The Law ruling Men as rational Agents is a Law of Manners ruling all humane motions that are cum electione for some natural motions in man are per necessitatem Naturae as the running of the Blood in the Veins c. but these are under the Gubernation of natural Instinct And as God fastens his Law of Nature by instinct on the unintelligible Agents so on Agents per electionem he fixeth his Moral Law by Natural Conscience which is a kinde of rational moral Instinct whereby the very Gentiles that have not the written Law are in a great measure convinced of the nature of it and their Duty in obedience thereunto Rom. 2.13 14. and in this sence he enlightneth every man that cometh into the world Joh. 1. and from this Law of moral Light closing with natural Conscience ariseth accusation or excusation according to the obedience or disobedience yielded thereto whereby Christ in a manner rules in all men at least laying a claim to his right of Dominion so much disowned and rejected by the prevailing Law of sin and this may be ascribed to Christs spiritual rule it being his peculiar Prerogative to govern in Conscience and notwithstanding sins rebellion in all natural men yet Christ there retains his seat of Judicature and as he judgeth and condemneth now so he will by the same Law prove them unexcusable at the last day § 5. The more special immediate jurisdiction of Christ is his most proper
of a Gospel-nature cannot be alter'd from their nature by any subsequent Law of man thus appears To change religious Indifferencies into Necessities is to make a Law for Christs Worship that Christ never made nor gave any man power to make but none may make a Law for the Worship of Christ which he never made nor impowred any to make Ergo the Major is without doubt if the indifferency confessed be in the worship of God then when it 's by any Law made necessary it 's still in the worship of God and being appointed so by a Law becomes instituted Worship by a Law which Christ never made The Minor appears in that none may do so i. e. institute Worship or circumstances of Worship by a Law that is not Christ's 1. It 's his Prerogative to exercise a Legislative power in his Church 2. Christ knows onely how he will be worshipped and it must be founded on his revealed will which is our Law 3. None might adde to his Laws under the Old Testament Deut. 4.1 2. much less under the New where there is less of Ceremony and Circumstances Rev. CHAP. XIII Of the power of the Church in matters indifferent § 1. WHen we come to discuss the power of the Church it 's very requisite to unfold the meaning of the word Church there being no word under which lieth more Amphibology Many understand a Church a material building or place of meeting for the worship of God being consecrated and set apart for that use and for the Propriety and Antiquity of this usage and acceptation of Ecclesia learned Mr. Mead very much contends We shall not stay upon this sence because none that will oppose us in the present controversie will insist upon this sence so far as to say that the Legislative Power is to be found here A Church is also in other sences spoken of Some say every Nation where Christian Religion is owned by ruling Authority and by the generality of the people professed is a Church Some call a Province a Church a Diocess a Church a Parish a Church so that it 's more or less extended and comprehensive and it 's usually the sence of Protestants that assert a Churches Legislative Authority in matters indifferent Others say there is no national Churches under the Gospel though there be Churches in every Nation and that properly there are no particular Churches but such who freely and voluntarily combine together in bonds of Society for the worshipping of God according to his revealed will and walk accordingly Various are the Sentiments and Disputes about a Church and the nature of it the consideration of which will not be so much our concern at this time But there is another way of the usage of Church wherein there is greater ambiguity which is very much to the matter in hand that we rightly understand it viz the emphatical use of the word The Church so many mens Writings and Argumentations being filled and confounded with it now a days that who can tell what they mean by The Church The Romanists say the Church hath determined this or that and when we enquire what that Church is they say the Catholick Church which being rightly understood is the true meaning of the Church according to that rule Aequivocum per se positum stat pro famosiori significato the Emphasis putting the word upon the highest and largest signification but when we come to a farther disquision of their meaning they tell us the Church of Rome is the Church and all others that dissent or separate from the Church of Rome are not the Church or of the true Catholick Church Many Protestants also that speak of the Church do not understand the Church of Rome or the Catholick Church but some particular National Church viz. of France England Spain c. but when we enquire what this Church is they will tell us it 's the body of the Clergy met together in a Convocation by a few Representatives to make Laws and Canons and Ecclesiastical Constitutions the executive power whereof is in the Bishops and their Courts so that when these few men have made Laws or exercise Ecclesiastical power compose Forms of Prayer or establish Ceremonies at their pleasure they say the Church did it These two sorts of men make use of this great commanding Word the Church and by this equivocal term sounding so loud of an uncontroulable Prerogative they suggest unto poor well-meaning people on the one side that all that the Pope and the Church of Rome doth on the other hand that all that the Bishops and their Courts do is done by the Church as if it were the whole Vniversal visible Church It is not my present task here to enquire what is the true meaning of the Church according to the Scripture-acceptation or the most true Logical notion thereof whether it be a Genus or an Integrum or totum Aggregativum I shall onely in the ensuing Discourse apply my self to the most rectified sence of those that do defend the Legislative Authority of the Church and if they will not start from all right Reason and Rules of Logick their sence must be That the Catholick Militant Church is The Church whether it may be Organical according to Scripture-constitution we argue not now constituted of Subordinate parts first National or if you please Patriarchal before that of National made up of Provincial Provincial of Diocesan Diocesan of Parochial and this ought to be the sincere meaning of The Church without prevarication in the sence of those beforementioned § 2. Now the main thing in Debate between the Assertors of the Churches Authority and the Dissentors from it is Whether the Church may exercise such a Power as may change Indifferencies in the Worship of God into Necessities Which we hold in the Negative and say That Christ hath never granted such Power unto the Church he hath granted an Executive Power unto his Church but never a Legislative Power for all lawful power that any Church hath it must have it from the Lord Jesus Christ who hath all power given unto him in Heaven and Earth and is the peculiar King of his Church and hath taken care for the right Ordering and Governance of it in all things necessary as to Salvation so to Order and Discipline And therefore what is not derived from the Lord Jesus Christ cannot be allowed to be lawfully exercised 'T is true if it could be shewed where Christ ever granted it by his Charter to his Church that in some particular concerns she might exert a Legislative Power the dispute would soon be ended but no such Charter could ever be shewn § 3. If any such Power be granted by Christ it must be granted to the Catholick Church Militant or to particular subordinate Churches but 't is not granted to either of them Ergo. Not to the Vniversal Church because it is not organized with Officers capable of a Catholick Rule unless we
indifferent thing to take it up or let it alone but because of the Fathers command he is bound to do it Ans It 's true because there is a command of Christ that enjoyns the Child's Obedience in all lawful things and therefore upon the Fathers command it becomes necessary that the child yield Obedience but this is but a command for one particular action and therefore under Expediency If the Father should make a Law that one child should pick straws all his days and another play at push-pin such Laws would become null in the nature of them but there is nothing more absurd than to affirm that they alter not the nature of the thing for what can alter it more than to lay it under a Law when a thing was indifferent unto practice before to make it necessary as to practice when it was lawful before to make it unlawful We have shewed that Necessities and Indifferencies are but relative in respect of the Law and he makes a Law that gives things contrary relations and respects to what they had before alters the nature of the thing as much as a Law can and makes one Law contrary to another Men do but trifle that plead that things are not made necessary in the Worship of God when the practice of them are enjoyn'd under the greatest Church-penalties what 's greater than Excommunication yea pecuniary Mulcts Imprisonments Deprivations c. yea and Offenders against the Laws persecuted with greater rigour than those who live in the constant and open Transgression of Moral and Gospel-Precepts § 5. I may take another very plain medium to prove the Minor thus He that makes a thing unlawful either to be done or left undone which Christ hath made lawful by his Law doth that which is contrary to the Word of God but he that changes Indifferencies into Necessities doth so There is nothing more plain than the Major for to make a thing unlawful c. Lawful and unlawful being contradicentia and he that by a new Law renders that unlawful for my practice which Christ's Law hath rendred lawful doth a thing e Regione contrary to the Law of Christ For the Minor it s as evident for by the Law of Christ the indifferent action was lawful for me to do or omit as to eat such a sort of Meat or keep such a day or wear such a garment but there is a new Law of the Church comes which now makes it unlawful for me either to do or not to do those things for he that makes a Law binding always to the practice of either part of the indifferency makes the other part unlawful which antecedaneous to this Law was lawful Now the Church of Christ cannot make that unlawful which he hath made lawful for they may as well make that lawful to do or omit Again If the Church may make that unlawful which he hath made lawful then she may take away the Relative Goodness that is in any part of an indifferent action by the Rules of Expediency and stamp upon it a positive evil which is contrary to what Christ hath done c. Again Nothing can be Ecclesiastically and therefore Religiously unlawful which is not made Ecclesiastically and Religiously Evil and nothing can be so Jure but by the Will of Christ no more than any thing can be Ecclesiastically good and necessary without the said revealed Will of Christ § 6. Argum. 4. The Church is not capable of a Law-making Power Ergo. I prove it thus He that cannot jure or de facto annex a Punishment in some measure correspondent to the nature of the Offence that will be committed against that Law cannot make such a Law as if a Corporation under the King makes a Law to hang or burn in the hand for some Offence which they have no power to do then that is null The Major is very plain But the Church cannot de facto or at least de jure Execute such penalties as are correspondent to her Laws for they being Ecclesiastical are of a Spiritual nature belonging to the Worship of God and therefore the Lawmaker will still have the first stroak of his Law fall upon Conscience by binding it under guilt where was ever any truely enlightned Conscience ever bound under guilt for transgressing a mere Church-Law in matters of Ceremony Secondly They cannot de Jure annex and execute the Penalties of Exclusion from communion as Christ never made a mere Ceremony the condition of communion so he never threatned the Non-observation with Non-communion Let any Precept or any Instance be given of this nature that any suffer'd Church-censures under the New-Testament for Non-observation of a Ceremonial Law Thirdly As for other Penalties which we call Secular as Whipping Imprisoning Fining Confiscating we know the Church hath nothing to do with them they were never in the power of the Church nor never will be § 7. Argum. 5. That Law which directly and unavoidably hinders much good and causeth much evil in the obediential Subjection thereto ought not to be made by the Church but to change religious Indifferencies in the worship of God into Necessities doth so Ergo. The Major is undeniable for though a good action may per accidens hinder some other good and cause some evil yet it doth not so directly and in its true constituted nature but good actions produce good effects as evil actions evil So the Tree is known by its Fruits The Minor that such a change works such ill effects is thus proved 1. Because it hinders the most expedient use of an action left by Christ indifferent to be determined by the Judgement of Discretion whereas the Expediency by Christ's prescript may lye in the contrary part of the action wherein a goodness is placed by the Churches Law and an evil placed in that part of the action wherein there is a goodness by Christ's So that the Churches Law cannot have universal Obedience yielded to it without sin because when Christ's expediency falleth on the part contrary to the Law it will be sin to obey the Church As for Example It 's an indifferent thing which way we turn our Faces in the worship of God East West North or South the Church makes a Law the Minister must turn his Face toward the East in such a part of Worship this hinders the expedient use of that posture 1. It hinders from turning that way which is most for Edification and causeth the Minister to turn his back to the people which is very unexpedient It may confirm a Jew Pagan or Papist in their Superstitious Observances to observe us to do thus de industriâ out of a strict observation and therefore then unexpedient 2. It hinders much Good because it frustrates Christs Ends in the management of Religious and Ecclesiastical Affairs For Christ manageth all those by Necessities and Indifferencies in willing and requiring a necessary Obedience to his positive Laws and an indifferent use of indifferent things
according to the Rules of Expediency and Judgment of Discretion And this proceeding in Spiritual affairs is that which is most conducing to the Glory of his Name and the Beauty of his Church How great a presumption is it in any Church to attempt the altering this course of Government which Christ the Head hath settled and frustrate his ends in Necessities and Indifferencies by causing those things which he hath made necessary to become indifferencies and what he hath made indifferent to be done necessarily and hindring that conscientious discreet occasional use which he hath determined and required as most conducing to his own Glory and the good of his Body the Church § 8. Now whereas the End of exercising this Juridical Power so much pleaded for in the late Centuries of the Church is Vnity and Vniformity without doubt this principally and primarily belongs to the Catholick Church that the whole visible Body of Christ may be one and the same in Discipline and Ceremonies For if it be so desirous and to be maintain'd with such a great curiosity and exactness of Ceremony in a particular Church how much rather ought it to be in the Catholick a Catholick Good being much more desirable and of far greater concernment than a particular Good But as we have shewed that there is no such Catholick Power in the Catholick visible Church practicable so it 's easie to make manifest that a Catholick Vniformity in matters of Indifferency will never be attained among Churches or particular Christians nor never was intended by the Lord Jesus Christ any more than that all his Members should wear the same Cloaths or dwell in the same shaped Houses for had it been necessary that there should have been no difference in indifferent things but all should have gone the same way in the use of them and none varied according to the judgment of Discretion then Christ would have made it necessary and then indeed all those things would have been Necessities and there would have been no Indifferencies at all but we see that Christ designed it for the Benefit and Edification of his Church that there should be Varieties in the use of Indifferencies and so far from the disparagement of it as some men would have it that it 's as conducible to the Splendour and Beauty of his Workmanship as the Variety of complexions and dispositions of Men to the old Creation Now for men to place the Vniformity of the Church in those things that Christ never placed it in is no small reflection on his Wisdome and Prerogative for nothing carries more Evidence with it than that those things that he left indifferent he intended neither Conscience or Church should be determined ad unum in by any in matters of Worship but that they should be varied at the discretions of particular Churches and Christians and that such variety should be of advantage to Edification and not that it should be bespattered with the foul names of Faction and Schism when such use their Liberty in this kinde § 9. But suppose such a thing had any probability to be the minde of Christ Was it ever attained or is it attainable that there should be an Vniformity in the use of Indifferencies that all Churches and particular Christians had the same Sentiments and went the same way in the use of indifferent things or is it possible to bring men to it Or if they were brought to it what advantage would accrue Would it not prove a great disadvantage But some men plead That some indifferent things should be made necessary as the very terms of Communion and in conformity unto these should consist Vniformity To which I answer 1. That this is but a humane Project 2. That if Christ had approved such a way he being the Author of Peace in his Church and not of confusion he would have allotted it and told us what the Indifferencies should be and who should have had a deputation to make them Necessities and Conditions of Communion for Vniformity But 3ly He hath appointed Ordinances enough of this nature and chosen out those things himself wherein the Uniformity of his Church should consist the Word Sacraments and Prayer and all Churches that do walk in these according to Gospel-Rules are Uniform have Ceremonies enough and have no need of setting a new Mint on work § 10. And suppose that such a thing were attainable that there were an agreement in the whole Catholick Church about some little External Ceremonies what they should be and how used Would this abundantly answer the nature and end of a right Uniformity in the Church Would it cure all Schisms or prevent them Would it keep the mindes of men in a due proportion to each others Would it maintain Purity of Doctrine and Worship and expel all Pollutions and Corruptions in both I say Nothing less For we see by dayly Experience it doth not do this in those Churches where 't is most zealously pursued if we look but into the Church of Rome and into Protestant-Prelatick Churches we see what great Errors and Heresies in Doctrine and Corruptions in Worship do abound accompanied with irreconcileable Differences and irreparable Breaches of communion in the highest and weightiest matters wherein it is concerned notwithstanding the common consent and agreement in the stress that they lay upon those small and trifling observances and not on aberrations from sound Doctrine or defection from purity in that Worship which Christ himself hath instituted which are to be bewailed as the great Schisms in the Church notwithstanding all External Conformities § 11. But we must enquire out a better way of setling Vniformity in the Church more agreeing to the mind of Christ and practicable in the nature of it and therefore zealously to be pursued by all that love the Name and Kingdom of Jesus Christ and that is That all Churches walk by the same rule of the revealed Will of Christ and subject themselves to his Laws and Government that they be uniform in all that he hath made necessary to be believed and practised as in all things necessary to Salvation and a Christians edification in matters of Communion as in the word Sacraments Prayer singing Psalms c. by all these in worshipping God in the Spirit and not to trouble and distract their walk and interrupt their Worship with the New-fangled Multifarious Brain-sick Laws of Men in instituted Worship nor placing Uniformity in a heap of huskie nauseous Ceremonies For the Rule being one and the Law-giver one all the true Churches of Christ will agree in substance submitting to one King and conforming to one sort of Laws and though there may be some small differences in their Interpretation of those Laws determining things necessary and the Exercise of discretion in things Expedient because of dubious and difficult circumstances attending yet all agree in the main things required by Christ for the way of Salvation and the main conditions of Communion And
it is not to be doubted but that a Christian professing people gathered together in the Name of Christ injoying the Ministry of the Word and Sacraments in purity are a Church of Christ and uniform with all the Churches of Christ without any distinction by this or that Name of Singularity or any Ceremonial Appendixes § 12. And whereas it is pretended that a full and free Conformity in Ceremonies would be the only cure of all our Differences and Divisions Let all Ages witness if any will but impartially enquire what hath been the Grand Cause of all the Factions Breaches Divisions and Schisms in the Church yea and Ecclesiastical Persecutions ever since the Primitive Times it will be found to be the Usurpation of this aforesaid Legislative Power of Christ by some or other and still all the excuse that is made for it is that they assume this Power only in matters of Indifferency and what pretence can any make to a Legislative Power in things necessary already determined by Christ to one part there is no place for a Law in such things unless it be to ratifie or to null the Law so that what Legislative Power is exercised of this kinde must be in matters of Indifferency only i. e. which are so in relation to Christ's Law antecedently to man's Law but by the supervening of such a Church-Law it becomes in kinde Ecclesiastically necessary it being enjoyn'd as to practice under Penalties annexed and it 's no new thing with some sort of men to call necessary things indifferent and indifferent necessary and thereby take occasion to justifie their presumptions when they make Laws even abrogatory to the known Laws of Christ And if weak Brethren as they are apt in derision to call them either take any just exceptions against them pleading their Liberties or it may be from a mistaking judgment are apt to call indifferent things necessary and therefore out of tenderness of Conscience refuse to yield acts of Obedience they are so far from having compassion on their tenderness that they exact the said Law-penalty with greater violence and rigour than they do any that doth directly concern the Glory of Christ established by himself § 13. The greatest Plea that I know can be made for matters of this kinde is the power that Oecumenical Councils have taken upon them especially in the Primitive Times even in the Apostle days and in the first second and third Centuries of the Church especially To which I answer First If the Foundation of this Authority lie in Oecumenical Councels let never any of these Church-Statutes be made and imposed on the world but by them and let not every particular National Independent Church take upon her to make Penal Laws and gull the World into a submission to her Authority by her saying she is The Church as if she were the Catholick Church and Mother-Church Secondly I question whether there were ever any true Oecumenical Council at all much may be said against the best that is pleaded for since the Apostles days and it is easie to prove that Assembly at Jerusalem held by the Apostles and Brethren to be none in the sence intended which is that the chief Officers and Representatives of every particular Church in the World meet together with a determinating Power in matters of Doctrine and with a binding Legislative Power in matters of Discipline and Ceremony Now it will appear that that Assembly was not so though there were more reason for its being so than for any other Assembly being so neither ever was there any Assembly so impowred in the world of that nature § 14. That that Assembly Acts 15.28 was no Oecumenical Council is easie to judge for there were but the Representatives of two Churches Jerusalem and Antioch and they of Antioch came to ask counsel and to be resolved in matter of doubt of the Apostles residing most of them at present in Jerusalem 2. The case in question was argued in foro Ecclesiae particularis and the Apostles making the minde of Christ manifest to that Church have the consent of the Brethren to their determination and sent it forth in and with the Authority of the Holy Ghost 3. The Apostles and Church of Jerusalem changed no Indifferencies into Necessities but enquired after and found out the Will of Christ concerning the present Infant-state of the Gospel-church in some matter of things necessary of two sorts some Absolutely and Morally so others expediently so for that time First Absolutely such as Abstinence from Fornication and things offered to Idols Secondly Respectively only and that in the behalf of the believing Jews coming lately from that Pedagogy that they might not be scandalized or grieved at the freedom of the Gentiles and therefore that the Gentiles should then abstain from things strangled and Blood Now no sound Interpeter will say that this Canon was binding to the Church semper ubique but in behalf only of th Jews who could not so easily at present be brought off from the whole of Judaisme and 't is likely by this concession the Apostles got off the Jewish Believers from many Ceremonious Observations which they stood upon besides or at least abated their edge towards them And therefore the Decree was but as to a necessary Expediency for a time which the Apostle Paul fully explicates who was well acquainted with the Minde of Christ and the Judgments of the Apostles Elders and Brethren in these matters § 15. As we have little evidence for an Oecumenical Council exercising a Legislative Jurisdiction in the Church so we have as little ground for such sorts of Officers as are contended for in the Church of which such Councils as they are pleaded for should principally consist which are Patriarchs Metropolitans Archbishops Bishops Priests and there being not such Officers in the Church by Christ's Institution there is no such Power to be exercised in the said way and manner of Legislation neither may they jure proceed so far as to Execution of any Laws established by Christ being not lawfully commissionated with a Gospel-power If this Assertion be proved I doubt not but it will be granted that there is no Legislation to be exercised in the Church the present Assertors whereof challenging this Power only on the behalf of the said Officers I lay down two things by way of proof 1. That there is no such Officers to be found in the Gospel of our Lord and Saviour as a Pope a Patriarch a Metropolitan an Archbishop a Diocesan Bishop a Parish-Priest no Dean Prebends Canons c. the Scriptures are altogether strangers to all those Ecclesiastical creatures Christ and his Apostles knew nothing of them but prophetically in the foresight of the rise of the Kingdom of Antichrist In this Point I should deal with two sorts of men the Papists and the Protestants As for the Papists the case hath been fully managed over and over against them that there is no such Supreme Officer in
Head an Invisible Headship to a visible organized living Body cannot be in this sence allowed nor a Secular Headship to this Spiritual Body But more of this anon Again The Catholick Church must be such either quatenus Integrum or quatnus Genus it cannot have any other due Logical consideration though to adapt words to some novel apprehensions we speak of totum aggregatum totum comprehensivum both of which are reducible to the other Terms I shall prove that both these acceptations of a Catholick Church do of necessity enforce an Universal Visible Pastor 1. As Catholicum integrum and quatenus tale is to be considered as divisible or divided into parts and according to that Nation of Subordination the greater parts into the next lesser and them into lesser or least of all wherefore the Catholick Visible Church is divided into National Churches as the next and greatest constituting parts National into Provincials Provincial into Diocesan and they into Parochial if there be a Subordination of Pastors in the Church it 's according to the fubordination of the integral parts of the said Church For in Division and Subdivision of parts there must be a continuance till we come to minimum quod sic on the descending part and maximum quod sic in the ascending part But there can be no such Subordination of Pastors according to the Subordination of Membra totius without an Vniversal Pastor Ergo. For as there is the same Reason of the Catholick to the National Church respectu saltem integrationis which is of the National to the Provincial and thence downward So there is the same reason for an Oecumenical Pastor to the National as of the National to the Provincial or that to the Diocesan Pastor As the National is the totum in respect of the Provinces and as such hath a Pastor so it 's but an Integral part in respect of the Catholick Church which by the same reason is to have a Pastor else this concatenation by Subordination will be headless and visibly deficient in the polity of its Vniform Constitution for pretended establishment of Uniformity Now if they plead that the Catholick Church is but totum aggregatum Ergo National Churches are coordinate hence individual thenceforward for their defence they must plead for Independency and it will be coincident with the notion of Congregational Churches But how inconsistent these Principles are to deny a Subordination of National Churches and Pastors to a Catholick Church and Pastor when they allow and maintain a Subordination of Churches and Pastors within the National and utterly disown an Independency of Pastors of particular Congregations on superiour Pastors and Churches If the Catholick Church be understood to be Genus Generalissimum divisible into Species the same Inference will accrue for the Subordination stands thus the National is subalternum Genus the Provincial subalterna Species the Diocesan Species specialissima according to some Logick but Species specialior according to others and Parochial Churches Species specialissima after this consideration the Argument stands thus If a Pastor is to be set over a Church subalterni Generis because it comprehends Churches under it as Species by the same reason a Pastor is to be set over the Catholick comprehending also its Species viz. National Churches For though the National Church be related to the provincial as Genus it is related to the Catholick as Species But because according to the best Logical and Theological Notions the application of Genus doth not well suit to the nature of the Catholick Church it being more properly a totum Integrale I stay not on this part of the Argument § 4. Argum. 3. I Argue from the nature of Subordination which always supposeth a Supremum and Infimum a Supreme higher than which is none and a Lowest lower than which is none otherwise it would be unlimited And if in the Church there be a Subordination of Pastors then as there is a Lowest viz. a Parish-Priest so there must be also a Supreme Pastor for the highest Round of the Ladder viz. an Oecumenical Pastor For as every Subordination is to be continued to a nè plus ultra so Subordination of Pastors must be continued to the largest acceptation of a Church on Earth for the maintaining Unity and Uniformity of the National Churches which are next in constitution to the Catholick If it be said that Christ is the onely Pastor of the universal Church It will be granted that he is Pastor of the Church in the most Catholick acceptation as it comprehends the Church visible and invisible but for the visible Church he leaves it perfect as to parts with a visible Head as well as other parts visible for it must be ejusdem naturae cum caeteris membris and how can visible Vniformity be attained in the Catholick Church but by a government of a visible Pastor who visibly rules all Churches and in whom they are all politically knit together as in a Central or rather Circumferential Knot Besides if a National Pastor be Supream among Pastors next under Christ then it follows that this Subordination terminates at least in a co-ordination of Pastors and if so it 's because there is a co-ordination of Churches and if one sort of Churches and Pastors of particular Churches are co-ordinate next under Christ the Head why are not all And why may not a Schismatical Provincial or Diocesan use the like plea to throw off the jurisdiction of the National or why may not particular Parochial Assemblies and their Pastors argue on the same grounds their Co-ordination and freedom from Subordination to any Pastor besides Christ alone So that this National Co-ordination of Pastors in the highest Ecclesiastical Supremacy is the making a hundred Popes instead of one and laying the foundation of Independency unavoidably to all judicious understandings The sum of this whole Argument is That there can be no plausible reason given why the Subordination of visible Pastors should not extend as far as visible Churches and if Christ hath set Orb within Orb Church within Church every one its Planet to rule it for the maintaining Order Uniformity c. why should the Supream Planetary Orb be without a Planet § 5. Arg. 4. The necessity of this inference is further proved from the derivation or original of Pastoral power every Pastor receives his Pastoral power from Christ mediately or immediately If Subordinate Pastors they receive their power mediately then mediante populo vel Superiori quodam The Assertors of Prelacy will never grant a derivation of power from Christ mediante populo for that were to fall into the Congregational way If they say they receive their power through the hands of some Superiour it must be by some Ecclesiastical or Civil Officers if by some Ecclesiastical then thorow some Pastor or Pastors and they either co-ordinate or of some superiour Rank and Dignity They will not say they receive their power from co-ordinate Pastors
for that were to fall on the Rock of Presbytery therefore they must say and do say That every ordinary Protestant Priest receives his power from Christ thorough the hands of some superiour Pastor not co-ordinate and then we must needs finde out the derivation of that superiour power from one above him in Order and Dignity and at last must needs arrive at Peter's Chair and his Successors who first received this power from Christ and so it 's handed down through his respective subordinate Officers to those of the lowest rank and degree For if the Parish-Priest receive his Office from the Diocesan then he from the Provincial and he from the Primate and he from the Oecumenical If they the Primates receive their power mediately by the hands of some others besides the Oecumenical Pastor it must be from the co-ordinate power of some National Pastor or Pastors and consequently it will infer a Presbytery of Primates which may prove of as ill and more dangerous Aspect on the Church Catholick than the Presbyterian Assembly on the Church National or it must be that he receive his Dignity from the Suffrage of his inferiour Clergy Then it follows that a Metropolitan is invested with power in a meaner and more despicable way than a Diocesan or Parish-Priest § 6. To avoid splitting on the Romish Church they finde another way of deriving their power from Christ and that is by the Civil Magistrate without the Church as it is practically at least granted To which I say That although he is or may be a Member of the Church yet quatenus a Magistrate he is a Member of another State and therefore in an Office extrinsecal to the Church and hence cannot extend Ecclesiastical Jurisdiction to the Church nor invest an Officer in the Church which is Christ's dominion with Office Power Legislative or Executive the Civil and Ecclesiastical States being distinct from each other as they are such Moreover for an Officer in Christ's state to derive his power from Earthly Potentates is to subject the Kingdom of Christ as such to the Kingdoms of men and make it subordinate thereto in those things which Christ hath reserved to himself as his Prerogative Again if Church-Officers as such must be invested with power from Secular Princes the Church must stand or fall as to its right and orderly manner of Government at the will and disposition of Princes Whence Christs Oeconomy will seem not compleat in it self but lame deficient and headless in that it must be beholding to an Exotick Power for its principal Officers and Rulers and Christ was wanting in not providing for the due governance of his Church under heathenish or heretical Magistrates yea such Magistrates would undoubtedly establish Church-Officers ejusdem farinae with themselves And besides it would follow that the Primitive Churches after our Saviour's ascention could have no due derivation of church-Church-power unto it for some Ages for want of Christian Magistrates the grand Mediums of Conveyance There is also as much reason that Civil Officers should be at the disposition of the Church as that Church-Officers should be at the disposition of the State And the Oecumenical Bishop may upon as good grounds claim a power of enthroning Emperors as the other claim an Ecclesiastical power of setting a Head over the Church Christ having made Church and State Co-ordinate Lastly if Ecclesiastical Officers derive their power from Civil Authority as their visible Church-head sure the Vitals and the whole Animation must needs be Secular much like the Beast spoken of Rev. 13.4 § 7. Arg. 5. I argue from the chief ends of Subordination of Pastors in the Church It 's to redress Heresie or male Administration of discipline that there may be place for Appeals in case of Injustice determination of Controversies c. Now what end would there be of Appeals if there should not be some Pastor supream to all the rest from whom there could be no Appeal And it 's necessary there be still room for Appeal till a man comes to the Church in its greatest Vnity and Superiority and there is Mother-Church in her Grandeur Ecclesia in Cathedrâ if the resort be made for Appeal or resolution of difficult cases to the Church in her Pastoral multiplicity there will be such variety of Judgments and Interests that there will be no final determination but ye may hear the Catholick body speaking one thing in its Catholick Pastor and Head for if you will know a mans minde and determination of any thing you will go to the Head not to the Arms or Legs and what you have by Signes from them you know is by the influence of the Head So if we will know the minde of the Church in its ultimate Results and Determination you must not go to a Diocesan Primate c. of France c. England c. where you will have but a partial or weak resolution not having a Catholick Interest Intilligence Influence and Concernment but we must go to the Body speaking in the Head who hath a common Concern and Fellow-feeling with the least Finger or Toe complaining or appealing to it § 8. Hence see the reason why the attribute of Infallibility is ascribed to the Church thus speaking in its Head or Supream Pastor 1. Because of his universal Relation and Interest and therefore speaks infallibly the sense of the whole or of any particular part as the Head feels and cannot be deceived in declaring the pain of the Toe and can most infallibly of all the members prescribe a Remedy 2. It 's most probable that he that hath his authority by immediate conveyance from Jesus Christ should have also the most immediate discovery of his Minde and Will so that the infallibility of an Oecumenical Pastor is founded on the Principles of Episcopal government viz. subordination of Pastors in the Church for if in all our Appeals from Pastor to Pastor from Church to Church for determination in matters of controversie and resolution in points of weight and difficulty we do at last arrive at as fallible a Church and Pastor as at first to what purpose is all our Appeals And if it be granted that a Bishop is less fallible than a Parish-Priest and an Archbishop less fallible than a Bishop and a Primate than an Archbishop then upon this account onely it must be that he hath a greater share by his place in the common interest of the Body by the comprehensiveness of his power and relation and being farther removed by his dignity from particular small interests and private passions and therefore more likely to be more impartial universal and less fallible in his judgment than other his inferiour and more limited Pastors And Ergo upon the same reason it will follow that an Oecumenical Bishop is least of all fallible not but that St. Peter and his Successors may err and have but that as Supream Head in the most Catholick capacity he is comparatively to all
other Pastors subordinate infallible And it is the greatest reason that he that hath the greatest Charge should have the best understanding to know how to manage it And to what purpose is it for us to seek after further light by going to those that the Church hath further entrusted if they be not holier wiser and juster men than our selves yea than all their inferiour Officers And what is it we aim at most in such Enquiries is it Fallibility or Infallibility Would any one in his best wits be deceived and would the Church deceive any but use the best ways and means for enlightning mens Understandings and reducing them from darkness and errour § 9. Arg. 6. I argue from the nature of the Church in which this Subordination is required That Church must be understood to be the universal visible Church and not any particular Church 1. From the usual acceptation of Church in the like sence when we say The Church with an Emphasis 2. There is no more reason the Church should be understood of one kind of particular Church more than another a Provincial Church or Diocesan may be called the Church by way of eminency as well as the National and if there be more reason because the National is comprehensive of them then much more that the Catholick should be understood by it because it comprehends Nationals and is most comprehensive of all Churches on Earth So that it will unavoidably follow that if there be a Subordination of Pastors in the Church it is in the Catholick Church and the more large the Church is the more extensive is the power of the Pastor and the most comprehensive Church hath a supream Pastor to the Pastors of all other Churches subordinate to it Obj. But the universal Church Visible is not Organical and therefore not capable of an Oecumenical Pastor Answ It is Organical for it 's made up according to our present Phainomena of a Church of visible organized or organical parts comprehending each other and therefore must needs have a visible organical Head principium sensus motus animating all the parts in their respective Subordinations and Relations It 's absurd to say that the hand organized with fingers and joynts the feet with toes and all its parts and so of the other members that these united in one body make not up an organized body and have not one Head common to the totum to communicate respective vigor to each of these members So to say that in the Church there is National Churches organized c. so Provincial c. Diocesan organized and not that the universal Church visible is organized with and influenced by a visible Head is most absurd Again there is the same and greater reason upon the forementioned grounds for the Organization of the Catholick Church than for the organizing of a National Provincial or of any of the inferiour Subordinate Churches for if Order and Uniformity and due administration of Government cannot be maintained in one but by Organization how can they by any other means be obtained in the other And if Order Uniformity c. be not onely comely and beautiful but most necessary to the well-being of a National Church and that the more because it is so comprehensive of other Churches subordinated to it how much more requisite is it to the well-being of the Catholick Church which comprehends National and all others § 10. Arg. 7. That this Catholick Headship is inseparable from a co-ordination of Pastors in the Church may be evinced from these following Necessities 1. A necessity of a Catholick judgment of Schism 2. Of a Catholick interpretation of Scripture it being not of private interpretation 3. Of a Catholick determination of Decencies and Order 4. A Catholick composure of the Prayers of the Church 5. A Catholick Canonization of Saints 6. A Catholick convention or call of Oecumenical Councils § 11. The first Necessity is for a Catholick judgment of Schism for if it be not determined by a Catholick judgment these absurdities will follow 1. National Churches may be Schismatical and no competent judge of them it being not fit that one National Church should judge another they being co-ordinate equally concerned of equal authority latitude and fallibility Neither may a Provincial be judge of National Schism they being subordinate to the National and included in it for they are bound up in the determination of the National and is accountable to it and if it declares against the National as guilty of Schism and upon that account separates from it she shall be judged as Schismatical from the National and so Schism will be committed on Schism and none healed 2. If there be no Catholick determination of Schism there can be no Catholick punishment of Schism from the Catholick Church for the punishment must be preceded by a Law-determination And hence if a National Church be Schismatical from the Catholick it cannot receive any Catholick punishment and it will follow that such a sin may be committed in the Church on which she is not capable to inflict a punishment in any measure proportionate to it 3. If a National Church hath power to judge of the Schism of a Provincial Church and a Provincial Church of the Schism of a Diocesan and a Diocesan of the Schism of a Parochial then by the same reason may the Catholick Church judge of the Schism of a National Church otherwise Schisms will be equally multiplied with National Churches and no redress to be made of them 4. If there be not a Catholick determination of Schism all Churches will not be agreed about Schism so that whilst there is a perpetual controversie in the Church what Schism is and what is not Schism perpetually remains and false judgment still passed upon some Churches these calling that a Schismatical Church which is not so others owning another Church as not Schismatical which is really so All which tends to a necessary and unavoidable confusion for want of a Catholick determination whereas if it may determine by its visible Head all those Controversies would be ended for if the members of the Body complain one of another the whole Body must determine the matter by the Head where there is a concurrence of all parts for the good of the whole § 12. Secondly From the necessity of a Catholick determination of dubious places of Scripture This can be done by none but the Church Catholick on Earth for no Scripture being of private interpretation where shall such an interpretation be found that is not private but in such as is of the Catholick Church where the concurrent judgment and faith of all Churches may be heard 2 Pet. 1.20 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of private Solution i. e. not of particular persons or Churches private Solution but such as is universal and commonly received by all Churches and Christians according to the analogy of faith Now where can this be found and rested in as
Catholick unless it be in the visible universal Head and if it be said that a National Church may positively determine in this kind then why not a Provincial as well the one being a subordinate Church as well as the other But if the Decree be onely National as many various interpretations and sences may be put on a place of Scripture as there are Nations which will lay an ample foundation for variety of Sects Schisms Heresies c. Whereas if all National Churches were bound to one Catholick determination there must needs therehence ensue the admirable effect of Uniformity in Doctrine and Practice all Churches believing as the Vniversal Church believes and that as the Head doth Besides if it be of such dangerous consequence for Christians as private persons to put their interpretation on Scripture in laying the foundation of variety of Sects Schisms Heresies c. how much more dangerous for particular Churches because the determination of a Church reacheth further and is more attended unto and more become seduced and leavened with errour thereby if it be erroneous Hence to believe as the Catholick Church believes hath more concern in it than those imagine that endeavour to blast it with the ridicle of the Colliers Faith for it 's not as the National Church believes but as the Catholick Church believes Neither is it an implicit Faith in any things but controversal and dubious matters above ordinary scrutiny and vulgar capacity and therein we had better rest satisfied in Catholick Authority than run the risk of adhering to the Opinion of private persons and Churches which must be done also by an implicite Faith and who is likely to have the most unerring Spirit a Church or particular Person and if a Church the most Catholick is the most unerring § 13. Thirdly From the Necessity of a Catholick determination of Decency and Order That is decent which by the Universality is reputed and judged so for one Countrey doth usually call that decent which others repute undecent And there are no Protestant Prelates but have do and will say That Christ hath left it to the Church to determine all matters of Decency and Order and 't is absurd to say that this or that Church may do it when no such is the Church eminently When 't is said the Church determines Decencies What Church is that Is it a parish-Parish-Church Nay then parish-Parish-Churches should rule Diocesan by a Law Again if Diocesan Churches should have power to determine their Decencies either Provincials must be subject to some one Diocesan which might regulate all the rest or else Diocesan Churches would differ so much in their decencies that there would be no Uniformity in the Provincial Church And if Provincials might determine each one its Decencies and Order it must needs break Vniformity in National Churches But I know where the Protestant Prelate will be he will say presently it 's the National Church that he means when he speaks of the Churches determination of Decency and Order To which I reply that he may with as good ground say that he means a parish-Parish-Church and that by giving this power to a National Church he gives a greater advantage to Schism and lays a greater bar against Vniformity For the more comprehensive the Church is in which the Schism is the greater it is and the more uniform the Schismatical Church is of the more dangerous consequence it is to the Catholick Church In vain do men plead for Vniformity in the Church who in asserting the principles of Vniformity in a National Church do thereby extirpate Vniformity in the Catholick for National Vniformity unless it be Catholick is but Vniformity in a Schism For if every National Church may determine of Decency and Order there will be as great a diversity if not contrariety in several Churches affairs as in the affairs of several States one Nation determining that Ceremony to be decent which another determines to be undecent absurd and disorderly and so Churches will be as divers in their Fashions as English Dutch Spaniard c. And there will be no end of Ceremonies and new-fangled Garbs in the Church if a Nation may of themselves and when they will constitute ordain and appoint them at their pleasure alter and null old Ceremonies and invent new and shall have as great difficulty intricacy and multiplicity of Church-Laws as State-Laws if at every Convocation Decency and Order may be determined § 14. From the necessity of a Catholick composure of Church-Prayers the more private and singular the conception of Church-prayers are the more Schismatical And divers Liturgies in one and the same National Church may not be allowed neither that every Province and Diocess compose their own Liturgy as being a matter of dangerous consequence to the National Church How then comes it to pass that our National Church may compose its own Liturgy distinct from another Is not this of as dangerous consequence to the Catholick Church And is' t not more conducing to the Peace Beauty Uniformity and Honour of the Church to have a Catholick Liturgy Whereas otherwise every Nation will be setting up the price of their own prayers above others whence ariseth heart-burning Divisions and Schisms National in the Catholick Church were it not much better that all Nations should bring their Liturgies and lay them down at the feet of Mother-Church and submit them to her Judgment in the Supreme Head from whose blessed hands she may receive one of such Catholick composure that might produce a perfect Harmony in the affections and petitions of all the Churches in the world in good assurance of a Catholick Amen attending the conclusion of all Besides if a National prayer be more available than a Provincial or Diocesan Why should not a Catholick Church-prayer be most of all available § 15. Fifthly The necessity of a Catholick Canonization of Saints For supposing the Necessity of the Observation of Saints days as the Protestant Prelates zealously assert it is requisite to enquire who or what Church Canonized the Saints which are already honoured with Saintship Titular and Days devoted to their remembrance and who dedicated and consecrated Churches on the same account was it not the Catholick Church by her Catholick Pastors If every Church suppose National should have the like liberty to canonize Saints at their pleasure all the days in the Year yea in an Age would be little enough for All Hollan-tide And if the observation must be Anniversary there would be a necessity of robbing Peter to pay Paul which would be doing evil that good may come of it it being as great a sin to rob Peter of his fishing-nets as to rob Paul of his cloak and parchments Besides this Absurdity would fall in that one Nation would canonize that for a Saint which another would anathematize to the Devil As for Example Michaelmas-day is devoted to St. Michael the Archangel which Feast was instituted by Felix the Third the 48th Oecumenical
Bishop Now the Church of England hath presumed to alter this Title and Institution making it a Festival to St. Michael and all Angels which hath these gross Absurdities in it 1. That St. Michael is greatly detracted from in that all other Angels are introduced as sharers in the Solemnity of the day and all Angels may be understood of Bad as well as Good so that the Devils hereby become Canonized Saints Now whereas it may be alledged that there be some Saints-days not of Catholick Observation but only National as St. Denis for France St. George for England St. Taffy or Wales and St. Patrick for Ireland it bears no weight against us for the Canonization is Catholick and questionless the Observation ought to be so also though there is a more peculiar and more proper Remembrance and Honour due from those Nations to which the Saints are appropriate which peculiar Homage is enjoyn'd by the Church catholick Moreover it is meet that so solemn a matter should be ratified by Catholick Authority as the canonizing a Saint and instituting a Festival day to be sacred to his Remembrance because the Catholick Church as she will be most impartial and wise in such appointments so her Authority will make deeper impressions on the minds of men to oblige them to the consciencious observance whereas particular Nations are liable to Errour and Partiality each one being apt to be byassed by proper Interests and to prefer the products of their own Soyl. Besides the gross Schism that it causeth in the Catholick Church dividing the Churches in their Prayers at the same time when one Nation shall observe that day to one Saint and another to another and a third to none at all Whereas nothing is more honourable and necessary than Vniformity in this kinde That as all say the same Prayers they should do it at the same Hours canonically appointed use the same Ceremonies observe the same Holidays and such as are Anniversary should at least be of Catholick Appointment And though some Saint-days are more appropriate to one Nation than to another by reason of the relation of this or that Saint to this or that Nation in particular by Nativity by Heroick Actions or Meritorious Sufferings therein yet is it not meet that all Churches should rejoyce and keep Holy-day with one that rejoyceth If the Rule of rejoycing with them that rejoyce reach particular Christians then much more Churches And how can an Englishman but be mightily ravished with an holy Sympathy to see a Welshman zealously affected with the honour of St. Taffy strutting up and down with a green feather in his Cap can he forbear the plucking up all the Leeks in his Garden and calling all the Fidlers in the Town about him And is it not fit that St. Thomas à Becket's day should be honourably observed by all other Churches as well as England who engaged in and suffered for the common Catholick Cause opposed in this Church If the Devoted day be peculiar to a Nation as an Anniversary Memorial of some great Deliverance supposed it 's fit it should have its Sanction from the Catholick Church otherwise National Churches may run into absurd and Schismatical Observation of days under such pretences to the great Scandal and Injury of the Catholick Church as for instance the Fifth of November a day Annually observed by a National Church to the great Scandal and Blemish of the Catholick Church and Oecumenical Pastor in the sence of the Romanists § 16. But some I hear will be ready to say in order to these necessary establishments there will be no need of a Catholick Pastor they may be done well enough by Oecumenical Councils To which I reply That then the Church acteth not as a Body Politick subordinately knit together but as totum aggregatum or as an Assembly of Independent Pastors by way of Association whence many Absurdities will follow 1. That all the convened Pastors of what Order or Degree soever are co-ordinate at least in the power pleaded for and a Primate or Patriarch's Vote is no more than a Diocesan's 2. That the Church in the utmost resolution of its power is but Aristocratical which undermines Episcopal Principles 3. If because matters of greatest concern in the Catholick Church are managed by an Oecumenical Council therefore there needs no Oecumenical Pastor then by the same reason all matters of the greatest concern in a National Church being handled in a National Synod there should be no need or use of a Primate and sic deinceps to Provinces and Diocesses and so all church-Church-power would consequently become co-ordinate in the hands of particular Pastors 4. What course could be taken in the Intervals of Councils for the Churches Government in its Catholick state 5. Divisions and Schisms have and will follow hereupon in the Church for suppose the Council be equally divided in their voting about Scripture Interpretation Tradition Ceremonies or Decencies who shall determine in such case 6. Suppose the lesser part divide from and declare against the greater and its proceedings What Supreme Power is there Authoritatively to conclude them Ecclesiastically to admonish and reduce the Erring part 7. Oecumenical Councils cannot easily and presently be convened in case of emergent Church-difficulties as in the sudden Defection of a National Church or Pastor to Schism or Heresie in the starting up of new Sects Canonization of new Saints c. An Errour may spread itself soon over a whole Nation before such a Council can be called and any remedy applied 8. It is needful every Church do exercise its power in an unity and not in a multiplicity therefore there are National Provincial and Diocesan Pastors Therefore there should be a Catholick Pastor to the Church catholick for the avoiding the like Rocks and Precipices that other Churches would split upon if they had not their particular Heads and Pastors § 17. Sixthly We argue from the Necessity of calling and convening of Ecclesiastical Councils In whose power is it to call an Oecumenical Council if there be no Oecumenical Pastor in the Church For first the Assemblies of every Church are to be convened only by the Pastor of the said Church as in a Diocess Who can authoritatively convene the Clergy but the Bishop of the Diocess In a Province Who can convene the Diocesan Bishops but the Archbishop In a Nation Who hath power Ecclesiastically to convene a National Synod besides the Metropolitan or Patriarch so in the Catholick Church who hath power Ecclesiastically to convene an Oecumenicul Council but the Oecumenical Pastor It being a Pastoral charge to convene or dismiss Church-Assemblies and it is done by an Office-power Object Supreme Magistrates may call Oecumenical Councils Answ They cannot by any Ecclesiastical Right for considered as such they cannot exercise any Pastoral Office And an Oecumenical Council being the most eminent Church-Assembly it is not to be convened in a more irregular or exotick way than the inferiour Assemblies of
Subordinate Churches 2. It is not in the capacity of any one or few Supreme Magistrates to convene an Oecumenical Council because no Magistrate can by any civil Authority much less by any Ecclesiastical of which he hath none call forth the Bishops of another Nation to such a Council Whereas an Oecumenical Pastor whose Authority reaches equally to all National Churches and to Magistrates as Members thereof may Authoritatively command the presence of any Reverend Father whatsoever and demand the consent of the Magistrate thereto under the pain of Church-censures and to permit his Bishops to assemble in or out of his Dominions whereas there is no one or more Supreme Magistrate hath any universal tye Ecclesiastical or Civil of other States and Dominions to his Jurisdiction so that they are necessitated under any Law to submit thereunto unless such which they have reduced unto Homage and Vassalage by dint of Sword or such as by voluntary Subjection have yielded themselves 3. Magistrates have not then a Power to call an Oecumenical Council when they please or if there were such an Emperour there never was or will be that could in respect of his civil power do so yet they have no Ecclesiastical power to do it authoritatively but onely by concurrence or consent whereas all Church-Assemblies are authoritatively to be called by the Officers of the said Church or else they cannot act so when called by Assembled unless we reduce Church-government unto a Democracy § 18. Obj. It may be also said that an Oecumenical Council may be convened by the consent of Patriarchs and Bishops among themselves Answ 1. This is no Authoritative way of assembling such as Bishops will always contend for but onely precarious 2. If they assemble this way either it must be no Council till all be agreed which may be long enough first or any few agreeing to assemble and give notice of such resolutions to others who are averse to such Proposals may gather together and call themselves an Oecumenical Council undertake to make Decrees determine matters of consequence and impose on the dissenting Churches And what dangerous consequence would this be of in the Church especially where Heretical Pastors abound as in the times of the Arrian Macedonian and Nestorian Heresies 3. If National Pastors may convene by consent to constitute an Oecumenical Council why may not Bishops and Archbishops convene by consent to make up a National Synod without the Authoritative Call of the Primate which will by no means be allowed 2ly and lastly By whose authority shall a Catholick Assembly have its Sanction if not by the Catholick Pastor for it 's not every Council that calls it self Oecumenical that can or may be allowed to be such neither ever was there or ever will be any so General that all the Pastors were assembled But it is in this as in all other Church-Assemblies if they be called by the Pastor and publick notice given to all the Members of the time and place the absence of some alters not the nature of it Ergo there should be an Oecumenical Pastor for these ends and purposes CHAP. XV. Of the Magistrates Power in matters of Religion § 1. THe power of Magistrates in matters of Religion hath been very much controverted and variously determined by men of Learning and Conscience I shall not fill up these sheets with transcribing other mens Sentiments I shall onely propound what seems to me to be agreeable to Scripture and Reason with as much perspicuity and brevity as I can There are three things for enquiry that will principally lie before us 1. Whether the Civil Magistrate may exercise a Legislative power in matters Evangelically indifferent 2. Whether in the execution of Ecclesiastical Justice the sword of the Magistrate may be used 3. What are the true bounds and limits of the Magistrates power in matters of Religion The first Question is thus to be understood Whether the Civil Magistrate may or can change things religiously indifferent into necessities by a competent Law i.e. by a Law binding Conscience primarily or secundarily by Christ's authority for we have shewed that no authority can reach Conscience so as to binde it or loose it but Christ's alone that being no competent Law that answers not the true nature of the obedience required which is always expected here to be conscientious All Christ's Laws flowing from his peculiar Legislative prerogative over his Church have an immediate influence on Conscience and do primarily binde as such All just humane Laws do secundarily binde Conscience i. e. not quatenus humane but they so far binde Conscience as men have derived such authority from the Lord Christ for the composing and enacting the said Laws Now if the Magistrate cannot make a Law in one of these kinds to binde Christians in matters indifferent he cannot do it by a competent Law § 2. Having thus explained the true meaning of our Enquiry we determine in the Negative and that for these following reasons Arg. 1. It 's Christs peculiar prerogative to be the Lawgiver to his Church i. e. to make such Laws as immediately concerns it He never gave this power to any or commissionated any to exercise a humane authority in this kind as hath been abundantly shewn He onely can do it 1. He is the onely Spiritual King there is no other mediate Spiritual King between him and his Church 2. He knows onely what is fit to be the matter of such a Law He knows onely which way he will be worshipped and no way can be acceptable to him but that which is of his immediate appointment it 's high presumption in any other to prescribe 3. It 's his Glory to reserve this to himself and he gives to Magistrates that power which they have it 's but reasonable he should reserve to himself what he pleaseth 4. If Magistrates can exercise any such power it must be by deputation from Christ If there be any such let them produce their Commission which cannot be pretended to in the New Testament and what is said of Magistrates power from the Old Testaments authority will easily be refuted if the particular cases be duely considered which I shall not now stay upon 5. If Christ hath given such a power to a Christian Magistrate it belongs to him as a Magistrate or as a Christian it doth not belong to him as a Civil Magistrate for then 1. As many sorts of Magistrates as the Church doth militate under so many sorts of Lawgivers in Spiritual things she should be subject to whether Christian Heretical Prophane or Heathenish and as the government of State alters in the Supream Magistracy so the Laws of the Church must according to the several interests and corrupt designes of the sons of men 2. The number and certainty of Ecclesiastical Laws could never be known for as he may make Laws he may repeal Laws where they are of the same kind So that there would be no certain standing Rule for the
Transgressions falling under the cognizance of both States though under divers respects but a Man is not ea ratione to be punished by the Magistrate because censured by the Church nor vice versa 3. Hence we assert That the Civil Magistrate cannot punish any Ecclesiastically virtute Officii neither doth any one meerly upon that account deserve a punishment from the Magistrate because he is apprehended to remain under a Church-censure neither can the Church Appoint or Depute the Magistrate to use his Coercive power to reduce any one to Ecclesiastical obedience § 2. The Question on supposition that the Church will presume to take on her the enacting and executing more Laws than ever Christ did or impowred her to do hath two parts 1. That in execution of Ecclesiastical Justice of Christ's own Institution it is not agreeable to Christ's mind and will that she should use the Magistrates Sword 2. That the Church is not to use it in requiring her own Laws I prove the first as follows § 3. Arg. 1. Christ hath not annexed any Corporal punishments or Pecuniary Mulcts to his Laws which he hath enacted for the due governance of his Church if he hath let the Asserters shew where our Saviours Law is If thy Brother offend tell of it privately if he hear not thee take two or three more and admonish him if he bear not them tell the Church if he bear not the Church let him be as a Heathen and as a Publican unto thee i. e. in respect of Christian Communion and Society and this is called by the Apostle the delivering up unto Satan there being but two sorts of Communions in the world in this fence in the Church and out in the Church is in Christs Kingdom out of the Church is Satans and when he is cast out of the visible Society of the Saints it 's for the humbling of him and bringing him to godly sorrow and Repentance which is called there by the Apostle 1 Cor. 5. the destruction of the flesh But here is no farther degree of punishment this being the highest the Church is capable of executing he says not If he comes not in and submits in so many days let the Pastor certifie to the Secular Powers and let them seize his Body and Imprison it or his Estate and Confiscate it This is a new way of bringing Men into Gospel-Repentance for Church-Offences which Christ and his Apostles never practised or prescribed Will the Assertors say that the meaning of delivery of an Offender to Satan is the delivery of him to the Magistrate to be punished this were to cast a great odium on Civil Government as if the Spirit of God did there represent the Magistrate under so contemptible a Character 2. It were to conclude that Church-Members were not under the Magistrates power to punish them for any Offences till they were delivered up by the Church thereunto and therefore that he cannot take immediate cognizance of his Subjects Offences so fat as concerns Moral or Civil Justice but must proceed still according to the Churches appointment and determination 3. That the Church hath a binding or loosing hand on the Magistrates Sword to draw it out or put it up at her pleasure and the Magistrate should be Armor-bearer to the Church § 4. If Christ had annexed any such penalties to his Ecclesiastical Laws he had left his Church very lame in its Polity for in most Ages it hath been Hated Persecuted and Maligned by Civil Powers under whom it hath Militated and the point of the Magistrates Sword hath been turned against her and not the Hilt put into her hand now in such a state how should the poor Church obtain the said Sword to cut off a perishing Member and how should she be able to execute any Censure effectually according to Christ's Law if there be such a penalty annexed which no Church of Christ in some Ages hath been in the least capacity of executing If the Church were in capacity of doing it it must be capacitated from within or from without if from within then Christ hath empowered it with a Magistratical authority and every Church as such may use it and if so she must shew Christ's Commission for it And if she pretend to it it 's a question whether Civil States will allow it she had need have good power and strength to maintain it as the Pope hath And where the challenge of such Right hath been made hath it not always been the occasion of the greatest Civil Broils in Kingdoms and States through Christendom And if it should be made under Heathen States and such Churches should presume to inflict corporal Punishments or pecuniary Mulcts on offending Brethren they must certainly expect the loss of any Liberties they do enjoy and be adjudged for Sedition Treason and Usurpation But if it be said that it 's not from any Intrinsick power that the Church useth this Sword then it will follow that it belongs not to the Church as such neither is her inseparable propriety 2. She must onely borrow it and suppose it will not be lent doth the true execution of Christ's Laws fall to ground and cannot Ecclesiastical Justice be distributed 3. Again if we must borrow the Magistrates Sword upon all occasions of Reformation then she is not sufficiently empowered by Christ to reform her self and Ergo left more imperfect than any State or Society in the world as civil Corporations and Families yea and particular Persons they have power intrinsick sufficient for Self-reformation if Vertue prevail and the greater ruling part be not corrupt The Sword of the Magistrate is no more Essential to the being or reforming a Church than of a Family a man may correct a child or turn away a servant without a Magistrates power or offending it so he keep within the sphere of Domestick Justice So may a Church inflict the greatest Ecclesiastical punishments without the Magistrate or without intrenching upon him so as the true bounds of Ecclesiastical Justice which Christ hath set be observed And this brings me to the second Argument § 5. Arg. 2. If the Church may and ought to inflict Ecclesiastical punistments to the full satisfaction of the Laws of Christ without the use of the Sword of the Civil Magistrate then they may not use the said Sword c. nay it 's the highest Injustice to use it it being severity beyond Summum jus But the Church may inflict punishments to the full satisfaction of Christ's Laws Christ hath put an Ecclesiastical Sword into the hands of the Church to be managed against Offenders distinct from the Civil Sword the just management whereof is as much as he requires from the Church and the undergoing the pains whereof is as much as he requires that Ecclesiastical Offenders should sustain in a Church-way Neither doth the political Laws of his Church demand any such satisfaction from Church-offenders as Fines Whippings Imprisonment though the Offence be such as under the
cognizance of the civil Magistrate by his Laws and in his State are deservedly punished so As if a Church-member be drunk the Magistrate may take him up in the street and set him by the heels but if the Pastor of the Church see him so he hath no such power as to punish his outward man but to administer Admonition or Excommunication as the matter requires till the person offending is brought to true godly Remorse and Reformation but the Church hath nothing to do to imprison him put him in the Stocks c. or deliver him to the Magistrate by their Sentence so to be dealt with § 6. Arg. 3. If the Church can and ought to use the Sword of the Magistrate it 's surely to correct for the most gross and criminal Transgressions as for Drunkenness Swearing Lying-Theft Fornication c. for all just Laws inflict the most Exemplary Punishments on the most hainous and scandalous Offenders But it 's most evident the Church cannot use the Sword of the Magistrate in case of the most criminal and hainous Transgression because 1. Christ nowhere empowers a Church or so much as allows it as such to fine imprison hang c. for offences deserving the same at the hands of the civil Magistrate 2. He nowhere requires the Churches to become Informers unto civil Magistrates it belongs to the Magistrate to look after the observation of his own Laws the Church is not to be his Constable to seize Offenders for him neither is the State to be the Churches Hangman to execute for her each State is to look after the execution of their own Laws in their own way and manuer 3. Where Paul is distinct in each particular of the censure to be denounced upon the incestuous person 1 Cor. 5.4 requiring them to execute it in a strict and sharp manner in the Name and Power of the Lord Jesus and although Incest is a crime to be punished by the Judge and with death by the Law of God he writes not to the Church to inflict any corporal punishment on him neither doth he certifie the civil Magistrate against him or command the Corinthians to inform What Peter did in the case of Ananias was extraordinary and miraculous and not presidential in the least to any succeeding Church-Officers neither did he assume any civil Authority in so doing § 7. Neither doth the National Church notwithstanding all her severity used towards Non-conformists execute any such punishments on the like sort of gross Offenders or by the highest censures turn them over to Civil Powers for that end though she saith that all men and women inhabiting within her Precincts at least all such as are christened are actually Church-members and although it 's a confessed Principle of all Protestants that all openly scandalous Church-members incorrigible ought by censure to be cut off from Communion and although her self affirms that the ultimate means to be used in cases of obstinacy persisted in which she calls Contempt after Church-censures is the application of the Magistrates Coercive power Now how well she doth apply these Church-Remedies to the scandalous Church-members let the impartial judge Is it not requisite that she should wait upon all her Tyburn and Goal-bird Sons and Daughters a little more than she doth and endeavour first by Admonition to bring them to Remorse and in case of obstinacy to excommunicate them and not suffer obstinate Felons and Traitors to be hang'd within the Pale of the Church Indeed there needs no certifying to the Magistrate and taking them by a Writ de Excom cap. because the Magistrate hath secured them already but I will tell you where there is need viz. for the picking up of obstinate contumacious Drunkards Swearers and fornicating Church-members which the Land swarms with And what a blessed Reformation would there be if Mother-Church did do her duty in this kinde so strictly as she deals with Non-conformists viz. in admonishing them and in case of contumacy to excommunicate them and upon their perseverance in the said sins to take them all up with Writs de Excom cap. and send them to Prison there to abide till they repent If the Church proceeded thus with the generality of scandalous and loose Parish-members the major part left at liberty would be Non-conformists and if they were secured too for Non-conformity the old Woman might know where to finde most of her children of both adventures But who is so blinde as not to see the unspeakable Partiality of the Church in this kind in crying out against the conscientious Dissenters and persecuting of them in so merciless and outrageous a manner and in letting all the rest of the ranting debauched Church-members go Scot-free yea and encouraging them to persecute the rest more serious and conscientious under the name of Separatists and Schismaticks Dat veniam corvis vexat censura columbas Juven § 8. The second part of the Question about the use of the Magistrates Sword in execution of Ecclesiastical Justice is built upon a supposition that the Church might make Laws besides what Christ hath made i. e. supposing she might change Indifferencies into Necessities by positive Laws The Question is Whether it be agreeable to her Justice and Wisdom to annex to her Laws the said corporal or pecuniary Punishments or cause the Magistrate so to do We answer in the Negative for these reasons 1. Because to annex or cause to be annexed the severest punishments or at least most smarting to Offenders of Laws of least concernment to the Publick weal of Church and State and of the least necessity in respect of the Observers is neither Justice nor Wisdom but for the Church to annex Excommunication or cause to be annexed corporal Punishments or pecuniary Mulcts to Laws of her own making in matters of Indifferency is to put the severest Penalties to Laws of least concernment The Major is most evident because Wisdom and Justice always requires that there be a due proportion between the weight of Obedience required and the Punishment of the Disobedience forbidden The Minor is granted by the Imposers and Composers of Ecclesiastical Laws of this kind and as they think a plausible defence of themselves in so doing viz. that they exercise this Legislation onely in matters of smaller concern not necessary to salvation left by Christ indifferent and what necessary goodness they pretend to be in them is the shewing our obedience to our Superiours and satisfying the Will of man and some little external Decency and superficial Uniformity And for offending in this kind her children mâ—st be stript of Priviledges and laid open to all injuries of Church and State Doth this consist of Christian Prudence and Justice Is it not to tythe Mint and Annice with the greatest zeal and not onely to neglect the weighty Laws but to encourage the violation of them by taking into her bosome and dandling on her knee the most audacious Transgressors and the greatest and most professed Enemies
any authority granted by Christ challenge to himself a Legistative power in religious matters touching Faith or Worship he cannot null or dispense with one of the Laws of Jesus Christ neither may he make any new Laws to binde us to believe any thing more concerning God than is manifestly by his Word revealed or binde us to practice any alteration or addition in the Worship of God more than what Christ himself hath enacted This we have sufficiently proved in handling the Doctrine of Indifferency § 8. Fourthly No civil Magistrate can by any deputation from Christ claim an Executive power of the Political Laws of Christ in his Church for as Christ hath his own proper Laws in his Church his militant Kingdom distinct from other Laws for the right and exact Gospel-management of all his Political affairs therein and is more faithful than Moses in that very respect so he hath set in his Church his own Ministers and Officers distinct from all other sorts of Officers and Ministers in the world As Christ's Ministers are no civil Magistrates as such so no civil Magistrate is a Church-Minister as such Hence as a civil Magistrate hath no power to execute Christ's Political Laws or Institutions in his Church so he hath no power to execute any moral Laws in the Church i. e. he cannot punish a criminal offence by Ecclesiastical censures The moral Law runs through all Societies as the natural fundamental Rule to discern Good and Evil and Political Laws of all sorts should mainly respect it as the Standard and Magna Charta of all Laws and Justice which in respect of it are derivative though every particular Polity hath its own proper way and manner of distribution of moral Justice The civil State by a civil political Administration and Magistracy Families Oeconomically by the Heads thereof the Churches Ecclesiastically by its Pastors and other Officers all endeavouring by their distinct way and manner of Administration to secure the honour and justice of the Moral Law but none of these are to intermix their governments and political way of distribution seeing the God of Order hath fixed each one to his proper station and limit of jurisdiction Hence the civil State can no more punish the breach of moral Laws Ecclesiastically than the Church can punish them civilly and the Church can no more use the Magistrates Sword than the Magistrate can the Churches and vice versa neither can the Church or civil State punish the breaches of the moral Law Oeconomically any more than a Master of a Family as such can punish them Ecclesiastically or Civilly and upon that account may take upon him to be Magistrate or Pastor And though there was a mixture or rather conjunction of these Authorities in the same person in the infancy of Polities yet they have been separated in distinct persons by God himself for many Ages neither do any persons bearing distinct Offices make the Offices the same or necessarily mingle them in the performance of their several Functions § 9. Fifthly It is not in the power of the civil Magistrate or any humane Laws to binde or loose Conscience As Magistrates cannot reach it directly to charge it with either duty or guilt so it 's the greatest piece of Tyranny to attempt it by Penal Laws whereby Christians may be drawn in to ensnare their Consciences in guilt by sinning against God for fear of Man and a Christian is to obey the just Laws of man for Conscience sake i. e. for the Lords sake It is extrinsick to the Laws of men to binde Conscience it 's God that by his authority gives them a mediate Sanction and binds them on Conscience but where God lends not to humane Laws his binding power they are of no more force unto Conscience than Wit hs to binde Sampson It 's not the wit or strength of all Men and Angels that can binde one Conscience under guilt without a Law of God or divine authority to give force to humane their Penal Laws i.e. corporal Punishments or pecuniary Mulcts are very indirect and vain Mediums to enforce Conscience and very sinfully applied by Magistrates or others for that end in matters of Faith or Worship § 10. Sixthly That the supream Magistrate hath not the determination of Causes meenly Ecelesiastical and these are of two sorts either controverted Doctrinals or Causes disciplinary controverted for by Causes are to be understood here things under dispute and they controverted Doctrinals or under debate and they controverted Causes disciplinary and those Ecclesiastical things which are of this nature fall under one of these heads Doctrinal or Disciplinary First In doctrinal Causes controverted the Magistrate is not appointed by Christ as Judge neither is he a competent Judge 1. If he be quatenus a Magistrate then every Magistrate is a competent Judge and then a Heathen Mahometan or Heretical Magistrate and then you 'll say the determination must needs be very sound and good 2. Again how few Christian Magistrates are studied enough in Polemical Divinity being not bred to that learning or having so many recreations and secular concerns to divert them from it so as to be fit to have the ultimate determination of the most difficult and weighty points that learned Scholars in Divinity yea such as are studious and conscientious Christians after long study scrutiny and prayer cannot attain to a right understanding of so as to demonstrate the truth to the full and clear satisfaction of themselves or others Is it fit to make an Assembly of Divines Judges of a great and difficult case in Law There is the same reason for one as for the other 3. What determination a Magistrate makes dogmatically it 's simpliciter but his private Judgment and Opinion though he be a publick person And why should any mans private opinion be he what he will in the world be a binding Rule to the Faith of another in matters of Religion 4. It 's impossible that it should be so for man cannot make a Law to bound Faith in such things as are not founded on the light of Understanding and where they are so founded no man believes because of the Law of man but because of the evidence of Truth What Law can make any man believe that two and three make six but if it be that we must believe that three and three make six we do believe it but not because of the Penal Law but because of the evidence the Truth carries with it Non lex penalis sed veritas est ratio formalis fidei 5. The Faith of a Christian or the Understanding of a Rational man can no more rest in the opinion or determination of a Christian Magistrate without a sufficient light of Truth to convince him than in the opinion and determination of another man for he that tenders the honour of God and loves Truth cannot receive that which he is convinced of or at least suspects in his most serious judgment to be
contrary to the truth of the Word of God 6. The Magistrate cannot be conteded to be such a Judge nor is useful as such unless he may be acknowledged to be infallible A supream Judge in our sence and that which must be here understood is one into whose judgment our Faith hath its last and utmost resolution but we cannot acquiesce in a humane fallible determination And besides what Prerogative hath the Magistrates judgment above another mans and what ease and advantage is it to us if our minds lie open to doubt as much after as before the determination No Christians minde can rest satisfied in a humane fallible opinion of divine things the authority causing Belief must have the same original that the Revelation hath therefore Faith built upon a Testimony must be onely on his own fidelity as one infallible as we believe that Truth also which carries its own Evidence with it axiomatically delivered or evinceth it self from the light of another Truth dianoetically § 11. The second Case consists in Causes disciplinarily debated being Differences arising within one particular Church or between Church and Church or between Pastors and Churches c. All Causes usually handled and determined in Ecclesiastical Courts The Question is Whether the civil Magistrate be the supream Judge or Head and Governour By Causes Ecclesiastick are without doubt meant in the Oath of Supremacy all disciplinary Causes handled in Spiritual Courts the supream Head and Governor whereof was the Pope in whose name and authority those Courts were called and managed and to whom it was lawful for any grieved party to appeal before the reign of King Henry the 8th who by the Oath of Supremacy cut off the Popes Supremacy and established his own Now I thus resolve as followeth § 12. If Ecclesiastical or Spiritual Courts be not jure divino nor held jure divino Episcopacy as it 's setled in the Hierarchy and all its Offices and Appurtenances being onely a humane politick device as hath been abundantly by the Opposers thereof proved and by many of the Asserter and Defenders confessed then I say it 's fitter that man should be supream Head there and if any man the supream civil Magistrate within whose Realm or Dominion their Courts and Causes Ecclesiastical be The nature of this Supremacy is or should be that 1. That all Ecclesiastical Courts be called and kept in the Kings Magisties name 2. That the Sentence denounced should be also grounded on some penal Law of the King for all the Kings Courts should judge by his Laws 3. That any party grieved may appeal to a superiour Court of the Kings or to himself from whom there is no Appeal 4. That the King hath power by himself or Judges to prohibit or supersede the proceedings of the said Court at his pleasure This is the true sence of the Oath of Supremacy which the Bishops notwithstanding all the noise they make against Dissenters from their Church will least subscribe unto whereas most others of the Kings Subjects that refuse to own the divine right of Episcopal government will willingly swear the Kings Supremacy in their Ecclesiastical Courts and Causes in the largest extent And though that sort of ruling men use all endeavours to suggest the disloyalty of the said Dissenters yet I doubt not but most Puritans in England would rather refer themselves to the Kings judgment and stand or fall at his Tribunal than at the Churches and have generally found more relief from under the severities of Excommunication in the Kings Courts than in the Ecclesiastical Supposing that all Ecclesiastical proceedings in Spiritual Courts of Judicature and the whole Fabrick of Church-government as now it stands is a humane Polity as is not denied by the most ingenious I know not why any Puritan or Papist should refuse for to take the Oath of Supremacy for it is no more than to acknowledge the King to be supream Head and Governour in his own Courts which is but Reason Justice and Religion that he should be § 13. But if Ecclesiastical Causes be understood of disciplinary Controversies such as follow upon the execution of Laws and administration of the Institutions of the Lord Jesus in the visible Gospel-churches of such Ecclesiastical Causes it is not the Magistrates part to be the determinating Judge of for 1. To judge and determine a Cause in the Church of Christ is to judge Ecclesiastically and such an act of Judicature is a Church-act which is always preceded by a Church-Officer and no other in foro Ecclesiae and if the agrieved party appeal it must be to an Officer of the same kind it 's not to an Officer of another State 2. He that is supream Judge of a Church-cause on Earth must be an Officer substituted by Christ for none can hold any Place or Office in the Church but by Subrogation from Christ much less the highest Authority but none can shew that Christ hath substituted the Magistrate his Church-Vicar on Earth 3. If the civil Magistrate be supream Head to the Church Ecclesiastically then because he was always so since Christ was on Earth then there was times when Heathen Magistrates in whose jurisdiction the Churches was were his Vicars and Christ himself when on Earth was subject Ecclesiastically though Head of his Church to Heathen Church-Officers for he was no civil Magistrate disclaim'd it nor could be appeal'd unto as such 4. If the civil Magistrate be supream Judge he is the supream Church-Officer for he cannot be denied to be an Officer of that state wherein he doth acts of Judicature as his right And if a Church-Officer then the civil State hath power to chuse and constitute a Church-Officer and that of the highest rank for if he become a Church-Officer his Calling and Constitution must needs be Civil and not Ecclesiastical So that the civil State hath the power of Peter's Keys both to dispose of them and give them to whom she will and the Church cannot be entrusted with them they must still be kept in the Magistrates pocket Hence it will follow that Christ hath not left power enough in the Church for the management of its own political affairs nor wisdom enough for the determining her own Controversies § 14. Seventhly No civil Magistrate can imposse Articles of Faith on any of his Subjects to be owned subscribed or sworn to by a Penal Law for quatenus a Magistrate he is not an universal competent Judge for it 's not necessary that he should be religious understanding found in his principles because he is a Magistrate 1. If he can do it as a Church-Officer we have shewed that Christ hath made no such Officers in his Church 2. If he were Christ never empowered any Church-Officer to use a Magistratical Sword he never put Temporal Crowns on their heads nor Scepters into their hands if any of them out of ambition have got Miters and Crosier Staffs they had them from Antichrist and not from Christ
sticks And setting aside much of the severity which appeared in that more legal Dispensation which was both Typical and Temporal and much of it in special cases and by special command by God It would be accounted very severe now to put a man to death for prophaning the Name of God though it were by repeated acts of such horrid cursing and swearing as is frequent now-a-days or for prophanation of the Sabbath c. Then setting aside the relation the Judicial Law had to the Levitical and necessary dependance on it which is ceased and considering that our Judicial Laws cannot so much depend upon Evangelical instituted Worship Christ having not so strictly tyed Church and State under a necessity of the same Emergencies as he did the Jewish Oeconomies I conceive likewise the just proportionating of Penalties in this kind ought to be done with great caution and depends much on the Magistrates prudent management of the Helm of Government for the safety and preservation of the Christian State and Penalties cannot be positive and unalterable because cases do so frequently differ in the aggravating circumstances § 25. The Christian civil State ought to be very neighbourly and cherishing to the Ecclesiastical and the civil Magistrate is to improve his Magistratick capacity to the utmost for the interest of Christ's Church and advantage of the Gospel 1. By subordinating as much as is possible all State-interest to the interest of Christ in his Church 2. By giving all possible encouragement to the purer Worshippers of God and to the embracers of the Christian Religion 3. By encouraging the faithful preaching of the Gospel and propagation thereof by able Ministers duely called thereto by the Church and affording them external helps and supports in so doing 4. By maintaining the Churches in the due execution of the Laws of Christ and in the enjoyment of their Ecclesiastical and Civil Liberties defending them from invasions and disturbances in Gods Worship from the rage of professed Enemies from tyrannizing usurping Imposers 5. By being a nursing Father to the Church both as a Christian in an eminent capacity going before others in the exemplary practice of Piety and calling upon all others of all ranks and degrees whatever to discharge their places in the fear of God as Hezekiak and Jehosaphat did 1 Chron. 29.25 26 27 c. 2 Chron. 19.8 9 10. and as a Magistrate defending them by his power as hath been said CHAP. XVIII Of a Christians Duty in case of Humane Laws in matters religiously indifferent § 1. IN the next place it will be necessary to speak something to a Question of no less weight than any of the former for it is said that though it should be granted that no power Civil or Ecclesiastical can Jure convert Indifferencies in Worship into Necessities by a Law yet it 's inquired in case any humane power assume so much to it self as to do it Whether a Christian is not bound to yield active Obedience unto the said Laws and those that affirm it produce these Reasons to enforce it 1. That every one is bound to be subject to their highest powers Rom. 13.1 2. That such Laws are not contrary to the Law of God because God hath nowhere declared himself against one part of the indifferency more than the other but hath left both equally lawful to be practised according to the rules of discretion And why may not the Church or Magistrates discretion binde a Christian to obedience to his command as most expedient the Church or Magistrate being better able to judge of an Expediency than a private Christian 3. Because if in a thing indifferent the least offensive part is to be chosen then surely that part which fulfils the Civil or Ecclesiastick Law for it is a greater offence to offend the Church or Magistrate or both than to offend a particular private Christian or company of Dissenters To the first I answer by way of concession That a Christian is so bound as Rom. 13.1 but 1. That place is to be understood of Civil not Ecclesiastical powers as the Context shews 2. If it be understood of Church-power as that Heb. 13.17 Obey them that have the rule over you it 's to be understood of such as Christ hath constituted Church-Officers and of obedience to an Executive power committed to them not of a new assumed Legislative power never allowed to them To the second I answer That such Laws are contrary to the Word of God for 1. Essentially they are contrary to the Word of God it being the revealed Will of God in his Word that they should be Indifferencies and remain so not to be made otherwise by any Law for where God hath granted a Liberty or Latitude in the use of any Creatures or Actions there to make or prescribe a religious limitation by a Law is absolutely unlawful and directly contrary to the Word of God It 's express Acts 10.13 14 15. where Peter though an Apostle is charged not to put a religious difference where God hath sanctified things to our indifferent use much less might he prohibit the Church from using any Creatures or Actions made by God indifferently holy therefore when it 's the Will of God that a thing be indifferent it 's contrary to the Will of God to impose it as necessary 2. Such Laws are circumstantially evil and contrary to the Word of God because they hinder the free use of Christian discretion where God would have it used and Ergo hindreth an Ordinance of Christ Besides it necessarily obligeth to evil whenas the expedient good is found by a Christian to be in that part of the Indifferency which is contrary to the humane Law And besides God having left both parts of the Indifferency equally lawful and declared it so in his Word for man to declare one part unlawful or make it so by a Law is to make a Declaration or Law contrary to the Word of God Neither may a Magistrate or Churches judgment binde a Christian to practise any further than it brings light with it for no man must walk by an implicit Faith in the matters that concern the Worship of God and the salvation of his Soul To the third Alleg. That part which fulfils the Civil or Ecclesiastical Law for Will-worship is not the least offending part but the most for the yielding free active obedience to sinful Laws is not onely sin in the person obeying but the highest degree of scandal to the person commanding it being the edification of him in sin whereas the refusal of active obedience in such a case is no offence given but onely a just cross of a perverse Judgment and Will Again if any action be such as will offend justly the least of Christ's members it must needs be contrary to Gods Word and I may not grievingly or sinningly offend any of Gods children that I may gratifie and fulfil the Will of man We must rather chuse that part of the
in the matters of his Worship no others approbation being enough to justifie my actions and therefore to satisfie my Conscience is but Innovation and therefore vain Worship and Ergo rejected by Christ and sinful Mat. 15.9 Now that which a Christian is perswaded of to be thus in his own Conscience and yet doth he offers manifest violence to his Conscience in doing 9. If such Compulsions do by Rules of Expediency necessarily require a man to refuse active obedience then it 's a duty at least sometimes to refuse but Ergo. The Minor is proved beyond all controversie from Paul's Doctrine and practice concerning the use of Circumcision Gal. 2.5 Coloss 2.19 20 21 22. CHAP. XIX Of Humane Constitutions in the Worship of God besides the Word § 1. THe usual grand Evasion of what hath been said That although the Church cannot make Laws contrary to the Word yet she may make Laws besides the Word i.e. new Laws which Christ never made and if she make such Laws which are not contrary to the Word i.e. directly and materially she is to be obeyed by every conscientious Christian For Answer I premise these things 1. All Laws for divine Worship are enacted by Christ or not if enacted we question not the obeying of them if not let any one shew by virtue of what divine Authority we must obey them for we cannot obey them without 2. As Christ never deputed any humane Legislative Authority in his Church so he never allowed any to rectifie and correct his Laws by adding to their penalties and making them more severe and giving such express and explicite Authority which he hath left implicite and consequentially onely and those things more necessary which he hath left less Christ blamed the Pharisees for so doing and not allowed any Churches or Christians so to do 3. It would be grosly impudent if the Church should pretend to a power of making Laws contrary to the Word of God though they should be so therefore they cannot pretend to this Law-making power in any thing but what she saith is in it self indifferent therefore she can pretend onely to the making a new additional Law for Christ such as he never made and for and in such things which he thought best in his wisdom to leave indifferent But the Church finds a mistake in that first Constitution and thinks best to make such things necessary thinks that Christ left too few ceremonies and significant signes and therefore enacts more Laws besides the Word not contrary to what he hath enacted and established already § 2. But I shall now prove that all humane Laws and Constitutions in matters of divine Worship besides the Word are contrary to the Word 1. That which is not the revealed Will of God for his Worship in his Word is contrary to the Word of God but humane Constitutions and Laws for divine Worship are not the revealed Will of God in his Word Ergo. The Major is true because the Word is the revealed Will of God and that Rule of Worship which is not the revealed Will of God is contrary to the revealed Will of God for his Worship for Revealed and not Revealed are contradicentia as justus non justus honestum non honestum and contradicentia will never be denied by any good Logicians to be contraria therefore the revealed Will of God in his Word and not the revealed Will of God in his Word are contraries or there is no contraries in the world The Minor carries its evidence from the very terms for what is beside the Word is beside the Will of God in the Word and not to be found there for whatever is found to be the Will of God in the Word positively or consequentially so obligeth as a Law of God to obedience according to the true intent and meaning thereof 2. Whatever be humane Laws for the Worship of God besides the Word are at the best but the Will of man that those things should be necessary in the Worship of God which Christ hath willed indifferent and revealed in his Word so to be but for man to will those things to be necessary in the Worship of God which Christ hath willed and revealed in his Word to be indifferent is to will or make a Law contrary to the revealed Will of Christ in his Word i. e. for the matter of the Law for necessary and indifferent are adversa and therefore also contraria if the opposites be necessary and not necessary they are contradicentia and they are contraria as before 3. Whatever is not according to the Will of God in the Word is contrary to the Will of God in his Word but all such humane Laws besides the Word are not according to the Word Ergo. The Major is true because all actions are agreeable to the Word by being according to the Word and disagreeing by not being according to the Word and so are contrary to the Word and are really contradicentia for according to and not according to referring to the same subject are contradicentia every action being according or not according and so contrary or not contrary to the Word of God Minor I prove such Laws besides the Word are not according to the Word the meaning of besides the Word is that there is no ground for it in the Word and therefore that cannot be according to the Rule laid down in the Word for that were to be built upon and to be justified by it a man cannot sit upon a seat and sit besides it at the same time the same water poured cannot fall in the Cup and besides it too whatever Law cannot claim a Sanction from the Word is not according to it therefore besides it or against it as Christ saith Whoever is not for me is against me The Word doth either justifie or condemn all actions and those Laws that are not justified at least by Christ's approbation are condemned by the Word of God § 3. 4. Whatever is contrary to the Legislative Prerogative of Christ maintained in his Word is contrary to the Word but such humane Laws and Constitutions besides the Word are contrary to the Legislative Prerogative of Christ Ergo. The Major is clear because every truth maintained and defended by the Word is the Word and whatever is contrary to that truth is contrary to the truth of the Word And what truth is more clearly attested and firmly ratified than this Prerogative of Christ The Minor is clear because nothing can detract more than a Vsurpation in this kind What can detract more from the Legislative power of King and Parliament than for a Corporation or any inferiour combination of men to assume this power to themselves 5. To adde any thing to the revealed Will of Christ in matters of spiritual concern is contrary to the Word of the Old and New Testaments Deut. 4.1 2. Rev. 22.18 but to make such Laws is to adde c. because such Laws by our supposition
being besides the Word we have proved to be no parts of it and Ergo additions to his Laws and institutions in the Word which are perfect and entire in themselves for Doctrine and Discipline in divine Service and Worship and these Laws of humane enaction whatever pretences are put upon them being for the same end and use must needs be additional 6. To teach for Doctrines the commands of men is contrary to the Word of Christ but all humane Constitutions of this kind specified besides the Word are but Commands of men taught for Doctrines The Major is true and undeniable from Mat. 14.9 where such Doctrines and Commands are charged by Christ for the intolerable sin of the Pharisees Compare with this place that in the Old Testament quoted and applied to them by our Saviour Isai 29.14 Their fear towards me is taught by the precepts of men or which our Saviour the best Interpreter of Scripture saith In vain do they worship me producing this from the Prophet Their fear is taught by the Commandments of men not but that they observed also Moses his Commands but because they set up their Posts with Gods their Laws with Gods Laws and this is that which Christ condemns This Argument is cleared and fully prosecuted by another very lately in a learned Exerc. on Mat. 15.9 and Mark 9.13 And therefore I shall not actum agere As to the Minor it 's evident that such Legislators teach for Doctrine their own Laws for they press them doctrinally on the people and charge it as their duty to walk in the practice of active obedience unto such Laws and condemn all such as refuse such obedience upon any pretence whatsoever as disobedient to Governours and Schismaticks CHAP. XX. Of the Vnited Power Legislative of Church and Civil State § 1. LEst it should be replied to our preceding Discourse That although the civil Magistrate cannot of himself be a competent Compiler or Establisher of Ecclesiastical Laws Canons or Constitutions unless they be first compiled approved and propounded by the Church to the Magistrate to compleat their Sanction and Law-ratification with the impress of his Authority yet the Church and civil Magistrate both together have a compleat Legislative power in Ecclesiastical Affairs The Church is supposed to act by its Representatives in a Convocation Assembly of Divines or Synod or Council lawfully assembled by the call of the Magistrate The Question is Whether after they have agreed on Ecclesiastical Canons and Constitutions the civil Magistrate may give Sanction to them by making them Penal Statutes The Question in brief is Whether Ecclesiastical Laws may become Penal Statutes by Magistratick Sanction § 2. In order to the right resolving of this Question it 's fit to enquire first concerning the nature or subject-matter of the said Canons and Constitutions whether the Composers and Proposers thereof do believe them to consist of such things as Christ hath left indifferent and they would have to be necessiary or do they consist of such things as they have by disquisition found to be necessary by virtue of the Will of Christ for the end of such Assemblies is to confer about the Will of Christ in the great and weightier matters of the Church for the clearing up of what is dark and dubious before Now if the mind of Christ be discovered there needs no more Sanction where the word of a King is there is power Make it but out by the clearest demonstrations that this or that is the mind of Christ there needs none of the Magistrates penalties to be annexed it hath force enough of it self to reach the Conscience which is the end of Christ's Laws and to charge guilt upon it in case of disobedience and that is more than all the Penal Laws of men can do It 's needful to enquire whether the Magistrates Sanction be by way of approbation onely or by way of eminent commendation of the said Laws to his Subject not annexing or executing any Penalty himself but allowing onely some spiritual Penalty annexed by Christ or his Church to be executed by Church-Officers or whether he will annex or cause to be executed any external Penalty by his civil Officers as occasion shall serve The matter being thus stated I proceed in the Negative § 3. 1. We have abundantly evidenced that in the matters of Indifferencies in Religion no power on Earth may make any Laws changing them into things religiously necessary 2. Where did Christ ever joyn Magistrates and Ministers together in joynt Commission in the government of his Church 3. If so why may not Magistrates joyn in the judicial proceedings of the Church and fit as due Judges in all Spiritual Courts and excommunicate and absolve He that hath a share in Legislation may reserve to himself the executive part at his own pleasure 4. If such Church-Laws are invalid without the Magistrates Sanction then he hath a negative voice over the Church to stop any Church-proceedings in Legislation or Execution and indeed it 's happy for some people that it is so else the Clergie that call themselves the Church would make mad work were not the civil State wiser and more moderate and by its power able to put a stop sometimes to their mad Carreers 5. The Decrees of the Apostles Elders and Brethren being only a declaration of the mind of Christ in a difficult case became a Law to the Churches without any such Magistatick ratification or annexation of Penalty 6. Christ never annexed any corporal or estate-Penalties to any of his Laws that he setled his Church with at the first 7. Christ provided so for the due government of his Churches that nothing might be wanting for the administration of Government and Ordinances in the worst of times when most persecuted and opposed by those Magistrates in whose Dominions they did militate The Church of Christ would be but in a very weak and lame condition in most Kingdoms and Ages if the Magistrates countenance and concurrence were an Essential Complement of its due state of Ecclesiastick government and that can never be accounted a right Model of Church-government that cannot be erected without the Kings and Princes of the Earth set their hands to it For if it were so Christ should have few duely govern'd Churches on Earth that sort of men being oftner found pulling down than setting up the Kingdom of Christ Lastly we having already proved that neither Church-Officers nor Civil have any Legislative power in the said matters and therefore being put together they are but as two Cyphers that make not so much as an Vnite for ex nihilo nihil fit and therefore I need not enlarge any further on this matter CHAP. XXI Of Decency and Order in God's Worship and Canonical Obedience § 1. THe great Plea that is made for the Magistrates and Churches Legislative power in Spirituals is that there might be Decency and Order in the Church which is most meet to be especially because
to walk In Gal. 6. he speaks in the verse before of indifferent things Circumcision availeth nothing nor uncircumcision but the new creature and as many as walketh according to this Rule What Rule is that It 's this To put no stress on things indifferent but upon those that Christ hath made necessary to salvation for preserving the life of the new Creature So in Phil. 3.16 so far as we have attained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where it 's to be understood of the one Rule of the Gospel or System of Rules in things necessary for our practice by the special appointment of Christ and so far as Christians have attained to the knowledge of this Canon we are to walk Whence I gather that walking according to Order is in the practice of Canonical Obedience to the Rules of the Gospel that is in a due submission to and practice of all the Ordinances of the Gospel without distraction and confusion God being the God of Order and not of Confusion § 6. Decency and Order is either Civil or Religious by Civil I mean such as are of civil use merely or such rites and modes of action as are used in civil affairs Though these may have a moral and therefore religious foundation yet their Objects Intendments and Circumstances being chiefly Civil and the moral foundation from the second Table we call them Civil and distinguish them from religious Decencies And these are such as have their foundation on the first Table and have God for their Object immediately and manifest End being ordained for spiritual intendments and purposes and therefore external Notes of internal seriousness reverence and consideration of God's Presence Honour and Worship according as revealed and required of us in the Canon of his holy Word And though the mode and order of Actions and Gestures may be the same materially that we use in civil Decencies and Order yet the appropriation being to contradistinct Objects and their purport and designe of the said Actions and Modes thereof they are justly reputed of another nature and receive contradistinct Denominations § 7. Religious Decency and Order is either of merely Moral or of instituted Original Moral and therefore called Natural and instituted Worship are usually and aptly opposed for such as are of Moral Original are comprehended in or directly deducible from the precepts of the Moral Law as all reverent and humble gestures of the Creature before the Creator such as standing kneeling prostration c. which for the most part are onely generally propounded so far as they may hold forth a proportionate external indication of the solemnity of our Undertakings neither may they become any more definite by mans Law than God himself hath determied As for Example No man can make a Law to tye us up to any particular gesture in Prayer as to kneeling standing c. because God hath left it indifferent to a Christians election to govern himself by the Rules of Expediency so he have a respect to the general Obligation viz. that it be such as is reverent and becoming our attendance on God in such an Ordinance § 8. Decencies and Order belonging to instituted Worship are separable from merely moral Worship and required by some more special Commandment of Christ in the disciplining of his Church and they differ as the Oeconomy of the Church doth The Levitical Oeconomy made Levitical Decencies and Order necessary in mode and manner of the Jewish Worship then required in those of Offerings Sacrifices Buildings Gestures Vestures Washings all which as shadows vanished and were actually abolished with the whole substance of the Ceremonial Law when the Body approached And therefore to introduce into Gospel-worship Modes proportionate and adapted to Mosaical Services viz. Priests Ephods Altars Sacrifices c. is contrary to the revealed Will of Christ and an implicite denial of his being come in the Flesh § 9. The Levitical Oeconomy with all its Appendixes being abolished the Evangelical takes place which are determined by the Law of Christ as to the more and less substantial parts of Worship And that we may be distinct about Gospel Decencies and Order we must know 1. That all merely moral Decencies are in force under the Gospel and needs no other Law to ratifie them than the Law of Christ which hath always continued the moral Law and its due circumstantial Attendments under all changes of instituted Worship 2. All Levitical Decencies and Order are abolished by Christ's coming when his Ecclesiastical Oeconomy was changed 3. All Evangelical Decencies and Order as womens being covered and keeping silence in publick Assemblies and such as concern the Word and Sacraments are sufficiently determined by Christ by the precepts or practice of himself Apostles and Primitive Church that we need not betake our selves to Rome or any other pretended Law-making Church to fetch new Prescriptions in order to the compleating of the Worship of Christ And whereas present Innovations of our Pretenders are pleaded for from the Primitive practice I say no more but this that when the Evidence of that Practice appears from God's Word we will not scruple the imitation but being imposed upon us by Tradition mostly through Antichristian hands or at best by very fallible and inconsistent History and if in many things true as to matter of fact yet we finde them not justified by Sacred Authority we dare not assent and consent unto them § 10. Now if the Church knows of any more Decencies and Orders needful to be used under the New Testament and those that are of moral intent confirmed by Christ or Evangelical of his last Institution then let her plead and use her Legislative power if she have any jure in establishing the same and if any shall or doth think notwithstadding that it 's needful to establish new decencies of humane invention by Church-Laws we shall still proceed further to evince the contrary § 11. If decency and order be strained to the largest acceptation in the New Testament's sence they cannot be pretended to be any other than Evangelical decency and order comprehending all moral and instituted decency and order which Christ hath appointed to be used in his Gospel-Church else how should it come to be so for that onely is Evangelical which Christ makes so and calls so every mimical Gesture and antick Vesture that any brainsick Church-man or carnal Priests and Prelates or any Convention of them shall devise and christen with the name of Decency and Order is not Evangelical The Rules and Forms of Worship and Discipline which Christ hath left to his Church are comely grave decent and orderly enough without any additaments and amendments proceeding from mens corrupt fancy and interest § 12. And that it 's not lawful for the Church to make Laws to establish more decencies in the Worship of God than Christ hath appointed or allowed we have proved already if they undergo the lowest consideration as matters of Indifferency I shall onely adde a
few words more § 13. First If it be lawful for the Church to annex new decencies and order to the decencies and order appointed by Christ then these must be necessary or unnecessary but it 's not lawful Ergo. 1. It 's not lawful to annex unnecessary for this were to trifle and would infer the greatest absurdities imaginary therefore none will insist upon that 2. Not to annex any thing necessary for they must then judge something necessary which Christ hath not declared so as something belonging to the esse or bene esse of the Church and this were a high affront to Christ and impeachment of his wisdom as not perfect and compleat in his House as likewise it 's implicitely to condemn Christ's Worship and Ordinances as left by him for undecent and disorderly and so naked and unfit to come to publick view till they be anew dressed up and trimed by the Church in her Poppet-play Robes and Attire § 14. Secondly And then she might re-establish any old absolete Jewish decencies so she use them Evangelically upon as good or better ground than she hath brought in Heathenish practices into use in the Church Thirdly Decency and Order in the Church is no Indifferency but necessary in its kind as hath been shewed because commanded and enjoyned by Christ and Ergo if the Church hath power to enact Laws in matters of Indifferency it follows not that she hath power to do the like in matters of Decency and Order because they are not indifferent things but necessary if we understand either Moral or Evangelical decency and order § 15. It is fallacious and false to assert that the Church prescribes onely decencies in the Worship of God for they are the smallest part of her Ceremonies for what are Holy-days Cross in Baptism Musick in Divine Service And besides most or all her Ceremonies respect other Objects and are for other significancy and ends than for decency some being chiefly gratiâ divinâ as all reverential Gestures and Postures viz. bowing at the Name of Jesus bowing to the Altar kneeling at the Sacrament standing up at the Gospel These are signes of divine honour and Latrical and can be no otherwise understood than respecting a Divinity and therefore there can be no pretence to call it civil Worship because in all civil Worship man is the Object and were the same or like actions which for the matter are neither civil or divine but indifferent as to both but a peculiar Adaptation to a singular end or object they receive their distinct denomination therefrom Some are chiefly gratiâ humanâ in order to the due preparing and qualifying us for Spiritual Services Surplices to make us appear more pure an Emblem of Purity and mind us of it Musick to raise the Spirits and others more mixt in their intention tà m gratiâ divinâ quà m humanâ as Saints days wherein God is blessed for Saints whereby God is honoured and the Saint too the Cross in Baptism and the Ring in Matrimony which are Seals of obligation religiously made use of therefore more than significant signes and can be no less than Sacraments There are also divers Responses and Salutations betwixt Ministers and People in all which it 's easie to perceive that there is some weightier matters respected than meer civil decencies and order whatever pretences are made to the contrary § 16. We have before hinted what we apprehend true canonical obedience to be viz. that it 's not a submission to a certain body of Laws made by any Church challenging a Legislative power neither to those feigned Canons of the Apostles but it is obedience to the Canons or Rules of Gospel-communion laid down in the Scriptures those that are acquainted with the true Churches of Christ know no other Canons nor no other canonical Obedience they are obliged unto Now those that call for canonical obedience under that term they tell us that it is obedience to the Laws Rules and Constitutions of the Church but I could never rightly understand any reason for their plea from the Church viz. of the authority pleaded for for if it be a National Church that requires the said obedience we say 1. That that Church cannot pretend to challenge obedience that is not capacitated to make or execute any Law but the National is not Ergo. The Minor appears in that there is no such thing as a National organized Church constituted by Christ under the Gospel for if there were there must be National Officers and Ordinances by the same appointment but Christ hath constituted no National Officers i. e. whose office-Office-power in the Church is of such extent nor no National Ordinances i. e. such Ordinances that the whole Nation may partake of in one Assembly for communion The same Argument will hold against Diocesan Churches 2. How is any one National Church the Church more than another that hath such a Ruling power if all hath it alike how various will Church-canons be and how little Uniformity in canonical obedience 3. If this obedience belongs to any Church it seems most consonant to right reason that it should belong to the Catholick Church for 1. That may be as organical as a National can be by virtue of any institution of Christ 2. That 's most comprehensive therefore challengeth the preheminence of all others in respect of extent and by way of eminency may most properly be stiled the Church 3. This is the likeliest way to attain a Vniformity for it 's pleaded as the great reason why Christ gives a Legislative Compulsive power to a National Church viz. Vniformitatis gratiâ Now it 's but a partial Uniformity obtained thereby of an Independent nature but if true Uniformity be reached it must be that which is Catholick which can be no otherwise than by Catholick canonical obedience CHAP. XXII Of the Imposition of Ceremonies § 1. NExt to the consideration of decencies and order it may be meet to enquire a little into the lawfulness of imposition 1. of Ceremonies 2. of a form of Prayer Whether a Ceremony uncommanded by God may be used in the Worship of God is not our present Undertaking to discuss for in some cases it may be lawful so it be such as is duely qualified and be used as indifferent and occasionally by the Rules of discretion but our present Enquiry shall be Whether the Church is liable to the imposition of such Ceremonies as Christ hath not made necessary by any Law of his Many Arguments before urged against the Churches Legislative power might be here of equal force I shall onely adde something proper upon this state of the Question to prove that such an imposition is not in the Churches power § 2. Arg. 1. Because the Church by such imposition doth subjugate herself in her Members to a yoke of bondage which Christ hath freed her and them from That Christians are freed from such yokes see Gal. 4.31 ch 5.1 and the Church is not to return to
any bondage that she is freed from by Christ she being not a competent Judge of her own bondage or freedom The Church of the Jews were not so for they are condemned by the Spirit of God for not laying aside that bondage to ceremonies which Christ would have eased them of Hence in judgment her Ear is bored and she is become a professed Vassal thereto until the time of the fulness of the Gentiles and would account it her greatest felicity might she but have opportunity to return to the full enjoyment and exercise of the old obsolete Rites of the ceremonial Law Hence nothing can be a more unquestionable truth than that a Gospel-Church may not return her self or members to a subjection to a ceremonial Yoke for 1. If a Christian or Church may return to one Yoke that Christ hath redeemed them from then as well to another if to that of a ceremonial Law then to that of the covenant of Works also 2. Again if they may return to bondage then they may stay in bondage as the Jews did for both ways Christ equally profits them nothing as a Redeemer profits not a Slave that will remain a captive or return into it 3. There 's nothing can be more displeasing to a Redeemer than so to overthrow his whole designe of redemption § 3. That Christ hath freed his Churches and Christians from ceremonies as a yoke of bondage viz. from all not instituted and ratified by himself I thus prove 1. If Christ hath not freed the Church of the New Testament from all ceremonies besides his own the condition of the Gospel-church would be much worse than the Mosaical whose bondage was under a Law of ceremonies of God's own promulgation and sure if a Christian must be under the plague of ceremonies it is far better to fall into the hands of God than Man and the Jewish Church must needs be more happy than the Christian who lie at the mercy of mens vain Imaginations and tyrannical Will It was known to them of the Old Testament how great their burden was though prescribed by God and circumscribed exactly as to the latitude and extent and bulk of them so that they could not easily be imposed upon by man and yet we see they could not escape the Traditions of the Elders and superstitious Observations of the Pharisees But what a miserable condition are Churches of the New Testament in who are so liable to so heavie and intolerable a bulk of ceremonies without bounds or measure arbitrarily to be increased by men of corrupt minds and interest calling themselves the Church and were there a tythe of the ceremonies in the Jewish Church of what is in the Romish which the Papists have accumulated upon this ground And Christ hath given leave to the Church under the Gospel to devise and impose what ceremonies she in her wisdom thinks meet 2. Unless Christ hath freed the Gospel-church from ceremonial bondage how is the Gospel-church the free Woman Was not the bondage-state of the Jewish Church very much yea most in this respect But is not the Gospel-church in far greater servitude for the Jews were in bondage to God's ceremonies the Christian to mans And if Christ allows us not to return to ceremonial bondage of God's imposition sure he allows us not a return unto such of mans phanatick devising and merciless imposition 3. To be in bondage under ceremonies for divine Worship is to be in bondage under the Elements of the world but the Gospel-church is delivered by Christ from bondage to the Elements of the world Gal. 4.3.9 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Elements or Principles of the world Coloss 2.8 they are described to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to the tradition of men and vers 20. they are those that Christ hath redeemed us from and weak and beggarly Gal. 4.9 and if the ceremonies of the Jews once instituted by God himself were such how much more are the ceremonious Relicts of heathenish Idolatry or any other that are products of mens Brains and corrupt Wills What poor wretched and abominably beggarly things are they for the members of Christ to be enslaved to What pitiful Ornaments are old rotten Hangings to put up in Christ's house that excellent Fabrick of his own building If they I say Jewish were worldly much more those which are originally from the world of worldly contrivance and interest for all such must be of God or the world but they are not from God either immediately or mediately not immediately because not instituted by him not mediately because he never deputed any authority to institute them Ergo of the world Hence the Church and Christians should be dead with Christ to the Rudiments of the world and not live in the world subject to such Elements Col. 2.20 c. 4. The ceremonies spoken of Gal. 4. 5. which the Galatians returned to were but humane commandments though Jewish for they ceased now to be commanded of God yea were forbidden by him and all the Sanction which now they had was from man And the Apostle doth convincingly prove the unlawfulness of Resanction of Jewish ceremonies by doing of which he doth sufficiently cast down all humanely-instituted ceremonies in divine Worship and by the Prelates practice many Jewish ceremonies as Musick Altars Ephods c. are not onely lawful as things indifferent but required as things not to be dispensed with therefore necessary 5. Christ hath freed his Church and Members from being servants unto men in the Worship of God Ergo from humane ceremonial Laws That place 1 Cor. 7.23 must be understood of servitude unto men in an Ecclesiastical or at least Religious sence for he saith Let every man abide in the Calling wherein he is called servants in obedience to their Masters children to their Parents subjects to their governours c. For the Corinths thought that there was a necessity on their conversion to alter their Callings which they had before as if a man were called being a servant to be a Christian that thereby he became his brother and ought not any longer to ow◠him as Master But the Apostle clears up this doubt and saith Thou being a servant do not think thy relation to thy Master is dissolved ever the more because of thy conversion thou art as much a servant as before and therefore he saith being called do not presently renounce thy relation and refuse subjection to thy Master upon pretence that thou art Christ's freeman but abide in the place of a servant as before thou art nevertheless God's freeman thy Conscience free for God's Worship to serve him according to his revealed Will and therefore in this kind be not a servant to men or any sort of men though thou mayst lawfully remain a Family-servant yet be not a Conscience-vassal unto any men § 4. Arg. 2. If it be lawful for the Church or other power to enact and impose Laws for Ceremonies whereby Churches and
Christians are liable to such Laws then it 's lawful to erect a ceremonial Law under the Gospel for what is a Law of or for a body of Ceremonies but a ceremonial Law But Christ would never pull down one ceremonial Law by his death for man to erect another and pull down one Jewish and leave it lawful for man to erect one more heathenish would he abolish one ceremonial Law of divine Institution and leave it to man to establish a new one of his own devising yea a thousand ceremonial Laws of as many sorts as there are several Churches and Ages in the world It 's a most absurd and untheological conceit that a ceremonial Law is consistent with the state of the Gospel wherein all Vails whatever is removed from the Lord Jesus besides the vail of his flesh neither is the Spirituality of his Ordinances to be clogged with such a bulkie mass of fleshly Institutions § 5. Arg. 3. If we be not liable to an imposition and enforcement of Christ's own by a temporal Penal Law much less liable to such imposition of ceremonies by Ecclesiastick or other authority for all imposition is by a Penal Law but we know Christ never made any Penal Law to be Ecclesiastically administred thereby to enforce men to Baptism and receive the Supper His people that submit to his Ordinances must be willing and free whereunto they are brought by enlightning the Understanding and perswading the Will as the great end of the Gospel preached Those that will say otherwise must justifie the Spaniards in America in bringing the poor Indians to their baptism by force The claim that any make to the use of the Magistrates Sword or force of Arms to prevail with men to submit to any things pretended to be spiritual is of like nature and will fall under the like condemnation And how much worse by the Rule of Proportion must that needs be to enforce ceremonies of humane institution than those of divine Would not Christ give such a power to the Church to enjoyn his own institution under Corporal or Penal Mulcts how much less will he bear so great an usurpation for any to erect a body of ceremonial Laws with Penalties annexed thereby to enforce them on the Consciences and practices of others The Argument stands very fair and forcing from the greater to the less That power that cannot justifie the imposing any of Christ's own Ordinances on men even on unregenerate and no visible Members cannot justifie the imposing humane Ordinances on the visible Members of Jesus Christ but no Power can justifie the imposing any of Christ's Institutions by a Penal Law c. Ergo there is none can pretend to defend any such proceedings by any plausible Argument from Scripture or right Reason § 6. Arg. 4. If the Church is liable to the imposition of Ceremonies not instituted by Christ it 's either to the imposition of insignificant or of significant It 's not subjected to the imposition of insignificant i. e. of childish or irrational empty ceremonies of no signification for this were to mock God and imitate the Heathens in a gross manner to use antick gestures and actions in God's solemn Worship of which there can be no plausible reason pretended therefore such things are absolutely vain and unlawful 2. For significant Ceremonies Church-powers cannot impose them 1. Because none may devise and enact such into a Law at pleasure 2. None can pretend sufficiently to the signe and thing necessarily requiring signification thereby in Christ's Worship but Christ himself A significancy in divine service must be such as Christ would have no other he will not have such things signified as are heterogenious to his service and homogenious things onely may be represented by homogenious signes and who can determine such but the most wise Legislator and King of his Church 3. Significant Ceremonies are so by virtue of adaptation of a signe by some Law to the thing signified and they are either Moral or Instituted Moral and natural are such wherein there is a natural or moral relation between the signe and thing signified or at least acquired by use and custom as bowing the body and uncovering the head of reverence and subjection c. and there is nothing in this kind necessary to be done in the Worship of God which is not already done for if Christ had seen a necessity of any more ceremonies of that kind he would have annexed them Again ceremonies of limited Institution are not to be imposed for such are either Typical or Sacramental 1. There can be no Typical Ceremonies under the New Testament because the Body is come and the Shadows must flie away 2. Nor can there be any Sacramental Ceremonies instituted for herein lies the exercise of Christ's Prerogative to institute Sacraments neither doth he enforce the use of any by corporal or pecuniary Penal Laws 3. A Sacrament according to the Church of England is a visible signe of an invisible Grace in which sence all significant ceremonies should be Sacraments as the Surplice a signe of inward Purity but they that have not power to give the thing signified as well as the signe have no power to make a Sacrament which Christ does in all his 4. A Sacrament is not every significant sign in divine things but such a ceremony as is a federal signe and seal such was Circumcision and the Passover of old Baptism and the Lords Supper under the New Testament such though humane Innovatious is the Cross in Baptism and the Ring in Marriage for they are consecrated Ceremonies significant and federally obligatory which appears by the Churches institution of them But there may be no Sacramental ceremony instituted by the Church this would be a gross addition to Christ's Sacraments annexed to the New Covenant which must not be altered nor have any new ones superadded for if any humane power may increase the number of Sacraments viz. to three or four they may go to seven with the Papists and why not as well to seventy Those two additional which some Protestant Churches retain they are beholding to Rome for the institution of them Mr. Bradshaw and others hath sufficiently proved that no Church can institute ceremonies of Sacramental significancy and intent and therefore I need not enlarge here upon it CHAP. XXIII Of Obligation to a Form of Prayer § 1. HAving discussed that Question whether a Church or Christian is liable to imposition of Ceremonies it remains now to enquire How far a Church or Christian may be obliged to a Form of Prayer A Form of Prayer is such a Prayer as is premeditated and prescribed by our selves or others as to the matter and form of Petitions and Words constantly and unalterably to be used on times and occasions suiting the matter form and drift of the said Prayer The Question here will not be Whether a Christian may not use a Form of Prayer but Whether it be lawful for a Christian as much
indifferency of any thing to impose it as necessary But in Spiritual concerns the indifferency of any thing is a reason against the imposition of it as necessary because such an imposition takes away the Formal use as an indifferency 3. What Christ hath revealed as indifferently requisite he hath required a Christian to use indifferently by the judgment of discretion for every action concerning Christ's worship is to be performed as Christ hath prescribed the nature of it necessary things to be done necessarily by us but not to be imposed on us and indifferent things indifferently Therefore an Imposition to enforce the use of indifferent things necessarily and necessary indifferently is unlawful as contrary to the Will of Christ 4. We have before proved that neither Church nor State can change an Evangelical Indifferency in the Worship of Christ into a Necessity § 10. Arg. 3. To exercise Dominion over Mens Faith is unlawful but for Church or Magistrate to impose a set Form of Prayer is to exercise Dominion over Mens Faith Ergo. The Major is without question and to exercise such a Dominion is to prescribe what we shall believe and practice or to enforce us to practice in Sacred things without believing The Minor is true because there can be no greater exercise of Dominion over Faith than in imposing on us a Form of Prayer for every Prayer is to be prayed in Faith or else it is sin Now to impose a Form on me being to enforce me to that Prayer that I be not satisfied in is to impose on my Faith i.e. to prescribe what I should believe for practice in Prayer or to enforce me to practice that which I do not believe i. e. to pray that Prayer and that constantly in such a part of Worship which I cannot do believingly § 11. Arg. 4. If one Church may enforce a Form of Prayer by a Penal Law then another may i. e. if a National Church may enforce a Form of Prayer on all her Subordinate Churches and Members then the Vniversal visible Church may on the National which are her Members and if the National can punish the Diocesan or Parochial for Non-conformity in this kind why may not the Catholick punish the National for the same fault i. e. for using a Form of Prayer not sufficiently allowed or prescribed by the Catholick and if the National can interdict an inferiour Church or Excommunicate a particular person for refusal of such Obedience why may not the Catholick deal with the National in the same kind This must needs be conceded but that it will be said we do not know Where to find the Catholick Church and though the Church of Rome calls herself so yet she is not to be believed she bears witness of herself and that witness is not true I only reply We can as easily and more find the Catholick Church as a National for there hath been always a Catholick Church but there never hath been nor will be a National Gospel organized Church in the world And we may as well believe a pretending Church calling herself Catholick as a pretending Church calling herself National when as they are equally to be accounted as no Churches of Christs Ordination as I can easily manifest when time shall serve Well then the National Church lyes liable to the censure of the Church Catholick for using a distinct set Form of publick Prayers established by her self whereby she renders herself a gross Non-Conformist to the Catholick Church and an Independent in respect of all other National her Form of Prayer being not Uniform with theirs If it be said the Church may compose and impose a Form of Prayer we must know what Church that is and not be deluded with a Name Is it the Catholick Church if so why have we not a Catholick set Form of publick Prayers and all National Churches bound to the use of it And why on the contrary doth every National Church make and use Forms of their own And if it be said The National is the Church it 's false for it 's not the Church by way of Eminency it 's not the most Generical Church because it 's not the only Church there are many National and there are many other sort of Churches that will put in for as good a right as the National and if every National under the Name of the Church may do this and have a distinct Form of Prayer what will become of Catholick Vniformity And if the Church as Provincial or Diocesan what will become of National Vniformity And if this power be granted to any or all these subordinate Churches Actum erit de Vniformitate Catholicâ § 12. But the great plea for a Form of Prayer in the Church is Vniformity for this cannot be say some Men without it Answ Uniformity in the Church cannot be by particular National Forms it must be by a Form Catholick 2. Can there be no Vniformity in the Church without a sameness in Words and Sentences in prayer there scarcely being two Scripture-Prayers that are altogether the same in Words and Sentences Doth not Uniformity consist rather in agreement in Principles and the Analogie of Faith submission to and closing with the same King Priest and Prophet conforming to and walking by the same rule of the Gospel an influence and guidance by the same Spirit 3. If Uniformity of the Church lyeth in such Externals why is not a set Form of Preaching established that none shall use any other besides such Homilies 4. If a set Form of some Prayers be necessary to Vniformity why not of all as well of private as publick for if the Church be not close tyed in bond of Vniformity by uniting Families and Individuals it will break to pieces for all a publick Form The first and main Union in the Church is that which knits every purticular Member to the whole by joynts and bonds and that there may be true Uniformity this must be carefully maintained but it 's 〈◊〉 which the great contenders for a pretended Uniformity least 〈◊〉 themselves about § 13. Another great plea for publick Forms of Prayer is the 〈◊〉 ness ignorance and laziness of many Ministers Rep. The 〈…〉 holds for set Forms of publick Sermons the necessity of which for a time was well considered at our first coming out of Antiâ—â—â—â—an darkness and any one that could read but a Chapter Prayer and Homily in the Mother-Tongue did a great deal of service to God and the people But there is not the same reason now the Church is better provided with able Labourers or at least might be if she would 2. It is the ready way to fill the Church with this sort of Cattle those lazy ignorant scandalous Priests for Mother-Church not only to connive at them but to countenance them and maintain them in their pride and sloth and by making their Exercisâ—s for them whilst they be idle debauched and prophane minding nothing but the profits pleasures and Honours of this Life 2. The only way Ignavum fucos pecus a praecipibus arcent is to banish these droans from the Church and not to turn all the Church unto droans and nothing starves them sooner than to leave them to their own stock for Praying and Preaching and it 's best that their Ignorance be bewrayed that they may be ashamed and get better instruction and exercise in Spiritual things which are to be guides to other Mens Souls or if they be not ashamed the people may have a full knowledge of them and be wiser than to entrust their Souls in their hands Therefore it 's good that the Props be taken away and it will soon appear whether such pretended Church-pillars be sound or rotten § 14. What is alleadged about Ministers abuse of parts in publick Prayers or want of sufficiency is no forcing Argument for imposing a Form for the abuse of good things is no argument against the use we may as well say Because some will be Drunk therefore none must drink Wine or Beer 2. Insufficient Ministers are to be removed or further instructed if they be capable and willing as Apollo was 3. Are not Church-Prayers lyable also to abuse when used by sottish Priests in a formal customary slovingly and prophane 〈…〉 and a hundred times more wrong done thereby to the honour of Religion and the poor Souls of the people than by some weak expressions and sentences or words struck out of joynt by the laborious faithful and zealous Ministers that conscientiously endeavour to use and improve the Talents given them to the service of Christ the conversion and edification of the Souls of the people FINIS