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
termed a Nurse The Prophet in this Promise hath an Eye to Gospel-Times and Churches called together amongst the Gentiles In an Age when there would be no Prophets or Apostles or Signs or Wonders or mighty Deeds 2 Cor. 12.12 wrought in the behalf of the Church as was in the Jewish Oeconomy and first Age of Christians It 's promised that Kings and Princes either by a common or saving Change shall become nursing Fathers nourishing and protecting Christ's feeble Orphant the Church 1 Sam. 10.6,9 1 Kings 4.29 And where the Magistrate is such we ought to pray that all may be such we have the Liberty under them notwithstanding the World's Enmity to lead a quiet and peaceable Life and this not only in Honesty but in all Godliness 1 Kings 4 2â— 3. The Judgments of God Sword of the Magistrate and the like external Administrations are helpful to the best of Men who are liable while a Body of Sin to as foul external Acts of Sin as the worst of Men. The spiritual part in us by these means helps it self much in an hour of Temptation especially against the Flesh over-ballancing the Pleasures of Sin from rhat Shame and Grief Sin brings with it so that Self-love or a higher Principle is hereby strengthened to avert us Servile Fear evil only in defect is good and useful to the best of us while in a mixed Condition and not perfect in our Love to God Joh was eminently godly and righteous yet in both much furthered from the Consideration of Wrath and Judgment If I have seen saith he Job 31.19,21 with 23. any perish for want of Cloathing If I have lift up my Hand against the Fatherless c. ver 23. For Destruction from God was a Terror to me The Magistrates Ecclesiastical Power had the like effect to restrain Impiety in him as vers 26 27 28. If I behold the Sun and my Heart hath been secretly enticed or my Mouth haue kissed my Hand this were an Iniquity to be punished by the Judg The Apostle Paul though constrained by Love vers 14. Such was his Affection to Christ yet moved also to Duty from the Consideration of Judgment and Terror 2 Cor. 10.11 If it be thus with the best of the Saints much more will Churches stand in need of such an external Help against Corruptions There being not only a mixture of Flesh and Spirit in those that are Members indeed but a mixture with them of Hypocrites and such as are Members only in shew We find in the Churches planted by the Apostles a use not only of Spiritual Censures 1 Cor. 5. but also outward and bodily Afflictions Sickness Weakness c. 1 Cor. 11. for Church-Miscarriages and it 's said to be for the Salvation of their Souls Chap. 5. ver 5. with Chap. 11. ver 32. So that Severity of the Lord on Ananias and Saphira was for a Church-Fault and it 's said Vers 11. Great Fear came upon all the Church It was an eminent Church before whom Paul shakes the Magistrate's Sword and tells them if they do that which is evil they have cause to be afraid for he beareth not the Sword in vain Rom 13. Afflictions that are from a more immediate Hand of God either in an ordinary or an extraordinary way those also that the Lord chastiseth us with by the Hand of the Magistrate I difference not each being to the same purpose and as an external Discipline For where there are no Magistrates or negligent ones God in a providential way and more immediately judgeth and afflicts Evil-doers even as where Church-Discipline is wanting or neglected God himself excommunicates as it were and gives Men up to Terror and Anguish of Soul for their evil Deeds If we should draw in here Instances from the Jewish Church and how the Lord disciplined them by the Civil Magistrate and afflicting the outward Man there can be nothing more evident than this an undoubted Usefulness of such Dispensations even to the Churches of Christ And although it should not be a good reasoning to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars 2 Chron. 3 14. many of them being Prophets as well as Princes yet the Benefit and Usefulness of such Power may be the same unto us as unto them both in respect of Terror to Evil-Doers and Praise to them that do well Though an Argument from Circumcision applied to Infants will not weigh with some because they deny Baptism to be a Sacrament of that Nature Yet this cannot be denied by them that if an Infant be capable of Benefit by an Ordinance it understands not Infants may as lawfully in that respect be baptised while Infants as they were then circumcised The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government will argue at least that there is a Capacity in Men now to receive Benefit and Good thereby even in spiritual Matters as they did then which is all that is aimed at 4. As it is the Duty of each Person so of Churches to walk wisely towards them that are without that their Order may be looked upon not only with Rejoycing by Neighbour-Churches but such as may appear amiable and comely in the Eyes of all Men. Col 2. There are many things common to all Societies which Nature and civil Customs instruct us in and are especially to be heeded by Churches For as the things Moral and Lovely in the Eyes of Men being neglected by Professors the Gospel will suffer so much more if by Churches The outward Beauty of these Christian Assemblies consists very much in what is requisite and comely in all human Societies as Unity Love Peace brotherly Forbearance c. Let all things saith the Apostle Phil. 2. be done without murmuring or disputing Paul charged the Church of Corinth with this that there were Debates Envyings Wrath Strifes Back-bitings Whisperings Swellings Tumults and the like amongst them 1 Cor. 12.20 There may be Wrongs and Oppressions in Churches as in other Assemblies Innocent Persons impeached and censured as Schismatiks Seditious and Disturbers of the Peace and no Remedy but from the Civil Magistrate Paul appeals from the Church to Caesar a Secular Prince expecting from him though a Heathen more Justice then from his Brethren being Parties and in their own Cause For where Parties are Judges the Sentence is passed before the Cause is heard As a Church may be offended so they may and oft-times do give Offence as well as single Persons 1 Cor. 10 32. It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whether single Persons or Assemblies And the Truth is if such Assemblies that is Churches be not under the Magistrates Jurisdiction they are under none and will be at a loss in respect of all those Advantages before mentioned The Vsefulness of this Power being declared so