determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other §. 1 THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority Job 40.18 this is peculiar to rational Creatures and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself over others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power §. 2 What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the church-Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Both Authorities and Jurisdictions joyn together and the one helps the other Stat. 20. Hen 8. c. 12. §. 3 Their Differences are in these Particulars 1. Though both have in their respective way to do with
them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another the one of Causes and the other of Persons Ad leges per se requiritur potestas in persinam secundario â—…res 〈◊〉 Suarez 〈…〉 lib. 1. cap. 8. Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Exod. 21.29 Ox which goreth a Man that he dieth yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9,10 Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and immediately the Object of this Supreme Power and the Laws made by it upon another Consideration than as Bishops c. namely as being born within these her Majesty's Realms and Dominions and such Persons of what Estate either Ecclesiastical or Temporal soever they be She hath the Sovereignty and Rule over them Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables and hath to do with Matters and Causes as well as Persons that are spiritual as hereafter we shall shew but 2. Principally that a Calling or Employment in Church-Affairs whatsoever hath been formerly judged and practised doth no more exempt a Person and his Actings that is a Subject to the Queen upon any other account from her Secular Power than doth a Temporal Calling or Employment in any worldly Affairs There is something of Explication further in the Articles of Religion concluded in the Year 1562. The 37th Article is this The 37th Article professed in the Church of England The Queen's Majesty hath the chief Power in her Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction Where we attribute to the Queen's Majesty the chief Government by which Titles we understand the Minds of some slanderous Folks to be offended we give not to our Prince the ministring either of God's Word or of the Sacraments The which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn and Evil-doers The Bishop of Rome hath no Jurisdiction in this Realm of England It is mentioned in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the Eighth c. Which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but Secular Popes This Objection was strengthned by the Subtilty of Gardiner Whom Calvin terms Impostor ille in Am. 7.13 abroad and at home by a Sermon preached at Paul's-Cross in the Year 1588 by Dr. Bancroft who calls Queen Elizabeth a petty Pope and tells us her Ecclesiastical Authority is the same which the Pope had formerly This 37th Article removes the Scruple sufficiently 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures c. And for what Power Henry the Eighth challenged 26 Henry 8. cap. 1. it was no new Jurisdiction wrested from
the Pope but a Power or Prerogative justly and rightfully belonging to him claimed and exercised by his Predecessors some hundreds of Years before his Time being anciently annexed to the Crown 2. In the latter part of the Article it is also evident For tho a Power in spiritual Causes be given to a Secular Prince yet it is not a spiritual Power and such a Jurisdiction as the Pope claims but such a Power only and in such a way as is put forth and exercised in ordinary Civil Affairs and the same in respect both to Ecclesiastical and Temporal Persons namely a restraining with the Civil Sword the Stubborn and Evil-doers So to restrain or coerce is an Authority or Jurisdiction peculiar to Civil Magistrates and by Christ himself denied to the highest Ecclesiastical Powers Ye know saith Christ Mat. 20,25,26 the Princes of the Gentiles exercise Dominion over them and they that are great exercise Authority upon them but it shall not be so among you you Apostles and threatens the Use of the Sword in such Persons Mat. 26.52 King James speaking of the Oath of Supremacy ' In that Oath saith he is contained only the King 's absolute Power over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions ' In his Apol. pag. 76. And more fully afterwards pag. 164. ' It implies saith he a Power to command Obedience to be given to the Word of God by reforming Religion according to his prescribed Will by assisting the spiritual Power by his temporal Sword by Reformation of Corruption by procuring due Obedience to the Church by judging and cutting off all frivolous Questions and Schisms as Constantine did and finally by making a Decorum to be observed in all indifferent Things for that purpose which is the only Intent of our Oath of Supremacy ' My Lord Coke out of 1º Eliz. and in the Words of the Statute gives this Interpretation ' There is saith he no Jurisdiction by this Act affixed to the Crown but was of Right or ought to be by the ancient Laws of this Realm parcel of his Jurisdiction and which lawfully had been or might be exercised within the Realm The End of which Jurisdiction and of all the Proceedings thereupon is that all Things might be in Causes Ecclesiastical to the pleasure of Almighty God Increase of Vertue and the Conservation of the Peace and Unity of the Realm as by divers places of the Act appears And therefore by that Act no pretended Jurisdiction exercised within this Realm being ungodly or repugnant to the ancient Law of the Crown was or could be restored to the Crown according to the ancient Right and Law of the same ' Coke de Jure Ecclesiastico fol. 8. Bishop Bilson a great Searcher into the Doctrine of the Supremacy of Kings gives this as the Sence of the Oath ' The Oath saith he expresseth not Kings Duty to God but ours to them As they must be obeyed when they join with Truth so must they be endured when they fall into Error Which Side soever they take either Obedience to their Wills or Submission to their Swords is their due by God's Law and that is all which our Oath exacteth ' And in a few Lines following he interprets what is meant by Supremacy ' We do not saith he give Princes Power to do what they list in the Matters appertaining to God and his Service Indeed we say the Pope may not depose them nor pull the Crown off their Heads In this only Sence we defend them to be Supreme that is not at liberty to do what they list without regard of Truth or Right but without Superior on Earth ' Dr. Morton against the Pope's Supremacy out of an Epistle of Leo to the Emperor speaking thus You must not be ignorant that your Princely Power is given unto you not only in worldly Regiment but also spiritual for the Preservation of the Church ' As if he had said not only in Cases Temporal but also in Spiritual so far as it belongeth to the outward Preservation not to the personal Administration of them And this is the Substance of our English Oath and further neither do our Kings of England challenge nor Subjects condescend unto ' pag. 26. Mr. Mason in his Vindiciae Ecclesiae Angliae Lib. 3. c. 5. speaking of Calvin's being offended verum si intellexisset nihil aliud sibi voluisse hunc Titulum c. ' Calvin would never have disallowed this Oath if he had understood by the Title of supream Governour in Ecclesiastical Things that nothing else had been claimed but an exclusion of Popish Tyranny and a lawful Power in the King over his Subjects which stands not in coyning new Articles of Faith or Forms of Religion such as were Jeroboam's Calves but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author In this sence and no other that ever we have heard of is the Title of Supream Governour given to and accepted by the King ' §. 5 This Oath hath matters contained in it as you may perceive that are not of one nature and kind the Assent and Stipulation required of us in respect to the several parts of it is likewise various and different As our Creed according to the different nature of the Articles is believed by the different Acts of Faith To what is contained in the former part of the Oath in these Words I do utterly testify and declare in my Conscience that the King's Highness is the only Supream Governour of this Realm c. Herein is required a true real and cordial Assent to and Profession of what is mentioned as also to give this Testimony with such Sincerity of Heart as in the Presence of God To swear positively to any dogmatical Assertion is not required it would be taking the Name of God in vain for if it be a certain and undoubted Truth in it self and to others as are Principles in Reason and Articles of Faith an Oath is vain for it ends no Strife Heb. 9. 2. If doubtful and a question whether true or not though such an Oath puts it out of question that I believe so yet not that it is a Truth My Belief though ever so much evidenced and confirmed doth not make a doubtful matter it self more credible nor is one Man's believing an Assertion any just ground for another Man to believe the same such an Oath is therefore in vain it 's not a fit medium to end such a Controversy 2. It is further said I do utterly renounce and forsake all Forreign Iurisdictions c. This requires not only the Sincerity of my Perswasion and Profession against the Title and Claim of all foraign Powers but upon Oath to forsake that is to abjure we abjure when we swear to quit and forsake To forsake a Power or Jurisdiction is to refuse and not to receive submit or
both Tables yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table as in matters of Justice and Righteousness in the managing whereof the very being of a Common-wealth principally consists its wel-being only as he hath to do in Spiritual or Ecclesiastical Causes So the Church-Power is chiefly and principally exercised in the ordering of Persons with respect to the first-Table-Duties and which appertains to Piety Wherein is the Being and constant Employment of Churches The other that is matters of Righteousness Justice Sobriety and the like are occasionally only and in ordine ad spiritualia under Church-Power and Censures 2. The Power of Churches is not only spiritual Ratione objecti because it s over spiritual Persons and Causes but ex natura rei a spiritual Power having Spirituality and its Denomination from more intrinsick Considerations as the Matter Form Subject Rule End c. and not from the Object only as that other Power which though it be in spiritual things yet it is not properly spiritual Power the Sword which it bears is not the Sword of the Spirit Ephes 6. which is the Word of God and this Word is eternal not temporal it endureth for ever the Power and Soveraignty of it is from Christ Râ—v 1.16 out of his Mouth went a sharp two-edged Sword his Sword and Power being spiritual it pierceth runs deep Heb. 4. even betwixt the Soul and the Spirit there comes no such Sword or Law from Civil Authority that Power in its greatest Efficacy reacheth not the Inner-Man though to be submitted unto for Conscience sake Indeed this Power is over spiritual Persons but not immediately and directly over their spiritual part By these Powers we are given up to a Prison to Banishment to Death but not to Satan It is not for cruciating the Souls and perplexing the Consciences of Men as is Church-Power where there is Cause 3. That of Secular Magistrates even in Spiritual Affairs and having to do primarily with the outward Man is more Authoritative it is Jurisdictio propriè dicta Legislative Coercive and in all respects the same as in Civil Matters what he doth in his own Name And truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Church-Power is not properly Jurisdiction or Authority as in the Church but as in Christ the Head of the Church as seated in the Church or Caetus fidelium it is only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ministerium not Dominium and acts all in the Name or Authority of Christ 4. They differ in Extension in respect to both Persons and Causes 1. Church-Power is limited to a particular Congregation as Family-Power to those of our own Houshold But this other Ecclesiastical Power seated in the same Person or Persons extends it self throughout a whole Kingdom yea sometimes to more than one But in some one Province or Kingdom you read in Scripture of many Churches This cometh to pass from another Difference between these Powers The Manage of Ecclesiastical Affairs as in Civil Magistrates may be delegated to other hands by way of Commission or Deputation they may ordain under them subordinate Thrones and inferior Powers acting in their Names which is Lordly and full of Honour and State But Churches may not do so by delegation of Power Representatives or any other Method or Way to stretch forth the Wing of their Authority like that of the Civil over all the Churches of a Nation or over more Congregations than one or a greater than ordinarily partake of all other Ordinances together is not at all suitable to a Church-Condition which is Ministerial not Lordly So Mr. Bradshaw as the Opinion of the Nonconformists ' We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation holding that the greatest Ecclesiastical Power ought not to stretch beyond the same And that it is an arrogating of Princely Supremacy for any Ecclesiastical Person or Persons whatsoever to take upon themselves Ecclesiastical Jurisdiction over many Churches much more over whole Kingdoms and Provinces of Churches ' Dr. Bilson speaks much to this purpose ' Tho saith he Of Supremacy pag. 238. Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter Holy Common-wealth pag. 220. containeth all the People in a whole Nation or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. ' We see saith Sir Fr. Bacon Considerations about Church-Affairs in all Laws in the World Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power meddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern making the same Fault Treason in one Age that in the next not so much as Imprisonment 1 Eliz. cap 1. with 35 Hen 8. But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be the same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo Carbo de Leg. lib. 2. cap. 8. tum Ecclesiastica tum Civilis sit à Deo tamen non codem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1
with a part only 2d Instanceâ—… This Oeconomick and Domestick Power is intrinsick and essential to a Family and is a Power derived immediatly from the Lord by the Light of Nature and hath not its original from any Power on Earth Families being much more ancient than Common-Wealths So Government or Discipline is intrinsick and inseparable from the very Essence of a Church received immediately from Christ and not the Grant or Constitution of any Secular Prince or State Churches are endued saith Dr. Jackson Jackson of the Church cap. 8. §5 with a Judicature immediately derived from Christ and independent upon any Earthly Power or any Power whatsoever on Earth whether Spiritual or Temporal Bishop Bilson expresseth it thus Bilson of Suprem p. 171. The Things comprised in the Church and by God himself commanded to the Church these Things are specified in pag. 227. to be the Word Sacraments and Vse of the Keys or Ecclesiastical Power and Cure of Souls are subject to no mortal Creature Pope nor Prince And those of another Persuasion are to the same purpose ' The Church saith Mr. Rutherford Peaceable Plea p 300. hath the Keys from Christ equally independent upon any mortal Man in Discipline as in Doctrine A Power and Right to Discipline saith the same Author Due Right of Presbyt cap. 9. §. 9 is a Property essential to a Church and is not removed from it till God remove the Candlestick and the Church cease to be a visible Church ' Potestas ipsa de jure c. Power saith Dr. Ames Cas con lib 4. cap. 24. p. 4. is so much the Right of a Church as it cannot be separated because necessary and immediatly floweth even from the Essence of each true Church There are Authorities enow to be produced from the Writings of the Learned for the confirmation of this particular All grant there is a Government jure divino I speak not of this or that Form and by the appointment of Jesus Christ It is denied by none but Erastus and those that follow him who may as well deny Praying Preaching or Sacraments jure divino It is as expresly ordained that Discipline be exercised in the Name of Christ as to preach pray or baptize in his Name There are certainly Things of God that are not the Things of Caesar And if those Things upon which Christ hath put his Name be not peculiarly his I know not where we shall find the Joint As we say there were Families so particular Churches before any Commonwealths were and Christian Churches and Discipline exercised many Years before any Emperors or Kings were Christian And therefore as Families have many Privileges so peculiar and by the Law of Nature so much theirs as are never touched or infringed by the Supreme Power of any Nation So likewise it is with Churches they have very many Privileges so evidently theirs from the Law of Christ and their spiritual Constitution as Christian Magistrates will do their utmost to preserve and cherish and not in the least infringe It is a part of Magna Charta 3 Hen. 3. cap. 1. Concessimus Deo hac presenti Charta confirmavimas pro nobis Heredibus nostris in perpetuum quòd Ecclesia Anglicana libera sit habeat omnia jura sua integra Libertates suas illaesas And it is mentioned in the Oath our Kings take at their Coronation that He shall keep and maintain the lawful Rights and Liberties of the Holy Church 3d Instance A third Particular or Instance of what we have supposed in the former Considerations is this The lesser Corporations Cities Families and the like have not Authority or Jurisdiction one over another It is the same with Churches each having the Fountain and Original of their own Power as before is shewed immediatly proceeding from Christ in themselves and not elsewhere or one from another cannot by any Art or Device of Man be made to rise up above it self as it doth if one Church exerciseth a Power or Jurisdiction over another There is no Invention of Man that by contriving Pipes or any other Artifice can make Water freely and naturally run higher than the Spring-Head Tho that Jurisdiction which hath its rise in a particular Church be pumped up into a Classis or Synod it is but the same it was before Synods saith Parker out of Chamier Polit lib. 3. cap. 13 §9 nullam habeant Authoritatem c. They have no Authority but what is derived from particular Churches So Voetius Disp de Polit. Eccles p 5. There seems to be a great Emphasis in those Particles of Propriety Children obey your Parents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ephes 6.1 so to Servants And speaking of the Relation of Husbands and Wives by which is set forth our Obedience to Christ and his Officers it is more appropriate Ephes 5.24 As the Church is subject to Christ so let the Wives be to their own Husbands it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 propriis viris not only theirs but their own Husbands It is said 1 Tim. 3.4 One that ruleth well his own House 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So of Ministers Know them that labour among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and are over you in the Lord 1 Thess 5.12 and in Heb. 13.17 it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Duces vestri your Captains Officers in Churches being as exactly limited as in an Army There is no Power in a Superior to command where no Obligation upon the Inferior to obey And therefore the Lord seems by these Expressions to limit both Church and Family-Power within their own Walls This is the Judgment of the Learned of each Persuasion Bishop Davenant Nota est Jurisconsultorum regula c. It is a ' known Rule of Lawyers A Sentence given by him that is not his Judg is void in Law But particular Churches are not the Judges of private Persons that are of other Churches how much less then over the Churches themselves such Sentences were to be slighted and contemned as of a Judg that presumeth to make Laws out of the bounds of his own Jurisdiction ' Nec potest nec debet saith the same Author elsewhere De judice cont cap. 16. p. 90 particularis una Ecclesia judiciaria authoritate aliam sibi non subjectam a Catholica abscindere quaelibet enim Ecclesia filios suos ad consensionem in Doctrina publicê stabilita censuris adigit Sed fratres Ecclesiarum externarum monet pro officio charitatis non punit pro imperio potestatis Dr. Field as a common Resolution of Divines tells us Of the Church lib 5. That if a Bishop ventures to do any Act of Jurisdiction out of his own Diocess that is his particular Church so cap. 30. as to excommunicate or absolve or the like all such Acts are utterly void and of no force The same thing saith Dr. Crakanthorp cont Spal cap. 28. pag. 177. ' Every
Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us Soto de Just lib. 54. 6. art That in a voluntary and brotherly Society it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be considered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15,16,17 where each step and circumstance in the progress from a lesser to a greater Authority is described II. Disparity From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all III. Disparity The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at last will be brought to a Tribunal that is Infallible Licitum est saith P. de Aragon Aragon in 2. 2. q. 69. a. 3. D.Th. in re grave cuique causam suam defferre ad sedem Apostolicam quando vel ex imperitia vel ex Passione inferiorum judicum qui homines sunt ac decipi possunt injuriam patitur The Pope cannot be deceived he is more than a Man 2. Matters of Fact by reason of Appeals come to be sentenced at a great distance from the place where the Crime and Offence lieth which in Worldly Concernments may with more Righteousness be done than in what is Spiritual and of Church Cognizance 1. Transgressions come under a Civil Judgment as materially considered and according to the gross Act but brought to the Church not as Sins simple but as Scandals and Offences which is a Consideration not so obvious but requires good judgment in the Witnesses as well as in the Judges The Obstinacy also or Penitency of the Person offending accordingly as Testimony shall be given of either is a more difficult matter to make out than either the Sin it self or the Scandal Repentance Godly Sorrow or the contrary is the principal thing to be regarded in Church-process Repentance I say in truth and sincerity so far as we can judge in a seeing and not blind charity It is not only the Passion Sorrow or Shame but Godly Sorrow which is more spiritual and deeper in the heart and requireth much and particular knowledge of the Person and his temper and such as cannot be attained at a distance but by frequent and familiar Converse To sit in the Stool of Repentance stand in a White Sheet or do Penance as it 's termed these are as the fruits of the flesh manifest and judged of at the greatest distance it 's not so deep as we need much understanding to draw it out Prov. 20.5 2. The Censure whether binding or loosing is to be executed always by the particular Church where the Offender is a Member those persons above all others are to have a particular knowledge of his Crime and true Repentance they are to forgive and confirm their love 2 Cor. 2.7 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. Mat. 18.15,17 The Execution of the Censure being by each Brother of that Church it is necessary the Examination of the matter be before them Spiritual Duties are not to be performed upon an implicit Faith What knowledge but by remote heresay can a Church in the Orchades have of a mans repentance or obstinacy the ultimate tryal and
put forth his Authority in the procuring and preserving such a means or conducement the further prosecution of this second Argument together with other particulars requisite to the resolving this Case I shall leave to a second Part of this Discourse in which after the clearing and vindicating the former part of the Oath as lawfully to be taken The two great doubts arising from the latter part of it shall more largely be insisted upon The words are these I shall to my Power Assist and Defend all Jurisdictions belonging to the Kings Highness or united to the Crown c. The Doubts hereupon are 1. The Jurisdiction Priviledges c. granted and united to the Imperial Crown are unknown unto us and some of them Controverted How can we swear in judgment Jer. 4.2 Answ Though there be not a distinct knowledge in respect of each particular yet an Oath may be taken in Judgment and how 2. There are some Jurisdictions Priviledges c. in Spiritual matters granted and united to the Crown the lawfulness whereof are scrupled and we may possibly believe they do not belong to the Civil Magistrate How can we swear to assist and defend him in such and Swear in Righteousness Answ In a Federacy or Allegiance to assist and defend another against a common Enemy if the things be just and lawful in His opinion though doubted of or thought otherwise in ours It is no unrighteousness in us to give assistance according to our Oath These Resolutions and Assertions I doubt not will be made evident in what is to follow and be the other part of this Discourse POSTSCRIPT King James in his Apology for the Oath of Allegiance Pag. 46 c. thus argues with Cardinal Bellarmin viz. AS the Oath of Supremacy was devised for putting a Difference between Papists and them of our Profession so was this Oath of Allegiance which Bellarmine would seem to impugn ordained for making the Difference between the civily obedient Papists and the perverse Disciples of the Powder-Treason In King Henry the Eight's time was the Oath of Supremacy first made by him were Thomas Moor and Roffensis put to death partly for refusing it From his time till now have all the Princes of this Land professing this Religion successively in effect maintained the same and in that Oath only is contained the King's Absolute Power to be Judg over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions Whereas this last made Oath containeth no such matter only medling with the Civil Obedience of Subjects to their Soveraign in meer Temporal Causes And that the Injustice as well as the Error of Bellarmin's gross mistaking in this Point may yet be more clearly discovered I have also thought good to insert here immediatly after the Oath of Supremacy the contrary Conclusions to all the Points and Articles whereof this other late Oath doth consist whereby it may appear what unreasonable and rebellious Points he would drive my Subjects unto by refusing the whole Body or that Oath as it is conceived For he that shall refuse to take this Oath must of necessity hold all or some of these Propositions following 1. That I King James am not the lawful King of this Kingdom and of all other my Dominions 2. That the Pope by his own Authority may depose me If not by his own Authority yet by some other Authority of the Church or of the See of Rome If not by some other Authority of the Church and Sea of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Foreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects of their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer Violence to my Person or to my Government or to some of my Subjects 8. That if the Pope shall by Sentence excommunicate or depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence excommunicate or depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to reveal all Conspiracies and Treasons against me which shall come to their hearing or knowledg 11. That it is not heretical and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subjects or any other 12. That the Pope hath Power to absolve my Subjects from this Oath or from some part thereof 13. That this Oath is not administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation mental Evasion or secret Reservation and not with the Heart and good Will sincerely in the Faith of a Christian Man FINIS