The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance. Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs Nye, Philip, 1596?-1672. 1683 Approx. 211 KB of XML-encoded text transcribed from 40 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2). A70686 Wing N1499 ESTC R22153 12570075 ocm 12570075 63430

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Early English books online. (EEBO-TCP ; phase 2, no. A70686) Transcribed from: (Early English Books Online ; image set 63430) Images scanned from microfilm: (Early English books, 1641-1700 ; 747:3 or 770:3) The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance. Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs Nye, Philip, 1596?-1672. [7], 72 p. Printed for Jonathan Robinson ..., and Samuel Crowch ..., London : 1683. Includes bibliographical references. Verso of A1 has the Oath of allegiance. Published in 1687 with title: The King's authority in dispensing with ecclesiastical laws, asserted and vindicated. Reproduction of original in Huntington Library. Item at 747:3 incorrectly called N1496 in reel guide.

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eng James -- II, -- King of England, 1633-1701. Church and state -- England. Kings and rulers -- Religious aspects. Oath of allegiance, 1606. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2010-07 Assigned for keying and markup 2010-07 Keyed and coded from ProQuest page images 2010-12 Sampled and proofread 2010-12 Text and markup reviewed and edited 2011-06 Batch review (QC) and XML conversion
The Oath of Allegiance.

I A B do truly and ſincerely acknowledg, profeſs, teſtify and declare in my Conſcience, before God and the VVorld, that our Sovereign Lord; KING CHARLES is Lawful and Rightful KING of this Realm, and of all other his Majeſty's Dominions and Countries, And that the Pope, neither of himſelf, nor by any Authority of the Church or See of Rome, or by any other means, with any other, hath any Power or Authority to Depoſe the KING, or to diſpoſe any of his Majeſty's Kingdoms or Dominions, or to Authorize any Foreign Prince to invade or annoy Him or his Countries; or to diſcharge any of his Subjects of their Allegiance or Obedience to his Majeſty; or to give Licenſe or Leave to any of them to bear Arms, to raiſe Tumults, to offer any Violence or Hurt to his Majeſty's Royal Perſon, State, or Government, or to any of his Majeſty's Subjects within his Majeſty's Dominions. Alſo I do ſwear from my Heart, That notwithſtanding any Declaration, or Sentence of Excommunication, or Deprivation, made or granted, or to be made and granted by the Pope, or his Succeſſors, or by any Authority derived, or pretended to be derived from him, or his See, againſt the ſaid King, his Heirs or Succeſſors, or any Abſolution of the ſaid Subjects from their Obedience; I will bear Faith and true Allegiance to his Majeſty, his Heirs and Succeſſors, and him and them will defend to the uttermoſt of my Power, againſt all Conſpiracies and Attempts whatſoever, which ſhall be made againſt his or their Perſons, their Crown or Dignity, by reaſon or colour of any ſuch Sentence or Declaration, or otherwiſe; and will do my beſt endeavour to diſcloſe and make known unto his Majeſty, his Heirs and Succeſſors, all Treaſons, and Traiterous Conſpiracies, which I ſhall know or hear of, to be againſt him or any of them. And I further ſwear, That I do from my Heart abhor, deteſt and abjure, as Impious and Heretical, this damnable Doctrine and Poſition, That Princes which be Excommunicated or Deprived by the Pope, may be depoſed or murthered by their Subjects, or any other whatſoever. And I do believe, and in my Conſcience am reſolved, that neither the Pope, nor any other Perſon whatſoever, hath Power to abſolve me of this Oath, or any part thereof, which I acknowledg by good full Authority to be Lawfully miniſtred unto me; and do renounce all Pardons and Diſpenſations to the contrary. And all theſe Things I do plainly and ſincerely acknowledg and ſwear, according to theſe expreſs VVords by me ſpoken, and according to the Plain and Common Sence and Underſtanding of the ſame VVords, without any Equivocation, or Mental Evaſion, or ſecret Reſervation whatſoever. And I do make this Recognition and Acknowledgment heartily, willingly and truly, upon the true Faith of a Chriſtian. So help me God.

The Oath of Supremacy you may ſee at large in this Book, page 2.

THE LAWFULNES OF THE Oath of Supremacy, AND Power of the King IN Eccleſiaſtical Affairs.

With Queen Elizabeth's ADMONITION, declaring the Sence and Interpretation of it, confirmed by an Act of Parliament, in the 5th Year of her Reign.

Together with a Vindication of Diſſenters; proving, That their particular Congregations are not inconſiſtent with the King's Supremacy in Eccleſiaſtical Affairs.

With ſome Account of the Nature, Conſtitution, and Power of the ECCLESIASTICAL COƲRTS.

By P. NYE, a Congregational Divine, ſometime Miniſter in London.

In the Epiſtle to the Reader is inſerted King James's Vindication and Explication of the Oath of Allegiance.

LONDON: Printed for Jonathan Robinſon in St. Paul's Church-Yard, and Samuel Crowch in Cornhill. 1683.

The Publiſher to the Reader.

THE reprinting of this judicious and learned Treatiſe of Mr. Nye's, is occaſioned by the re-impoſing of the Oaths of Allegiance and Supremacy on the City of London at this Juncture for Election of Common-Councel-Men; ſome ſuppoſing that many Diſſenters will refuſe the ſaid Oaths, or at leaſt that of the Supremacy, but by what is here ſaid it will appear, King James in his Catalogue of Tortus's Lies, ſaith, The Puritans do not decline the Oath of Supremacys, but do daily take it, &c. and the ſame Supremacy is defended by Calvin himſelf, Inſtit. l. 4. c 20. Bp Andrews ſays the ſame, Tortura Torti, p. 110. that the Principles of Diſſenters are not inconſiſtent with the King's Supremacy in Eccleſiaſtical Affairs, and as a further Teſtimony hereof, as they have* formerly, ſo they are again ready to take the ſaid Oaths, and profeſſedly aſſent alſo to all the Articles of Religion, which concern only the Confeſſion of the true Christian Faith, and the Doctrine of the Sacraments, compriſed in a Book, entituled, Articles, &c. printed 1562, and ſo do humbly hope, living peaceably under his Majeſties Government, they ſhall obtain that Indulgence which his Majeſty hath often graciouſly promiſed, and which they formerly enjoyed, his Majeſty having told us in his Declaration for Indulgence, — It being evident by the ſad Experience of twelve years, that there is little fruit of forcible courſes. And in his gracious Speech, Febr. 5. 1672, aſſured the Parliament that he had hitherto found the good Effect of the ſaid Indulgence.

The Reverend Author hath ſaid nothing of the Oath of Allegiance, ſuppoſing no Proteſtant ſcruples that (unleſs it be ſuch as ſcruple all manner of Swearing:) but that all may underſtand the nature and deſign of both, I will here inſert the Words of King James, in his Apologie for the Oath of Allegiance, p. 46, &c. in his Anſwer to Card. Bellarmin's Letters, 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 obedent Papiſts, and the perverſe Diſciples of the Powder-Treaſon. In King Henry Eighth'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 Judge 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 Sovereign 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 immediately 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 many 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 See 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 and 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 par 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.

Theſe are the true and natural Branches of the Body of this Oath.

The CONTENTS. THe Occaſion of this Oath, various Form and Alteration of it. Interpretations of this Oath given in our Laws, and Writers of note. The nature of our Aſſent and Stipulation. What is ment by Things and Perſons Spiritual or Eccleſiaſtical, in the proper as alſo in the vulgar uſe of theſe Terms. Of Power, its riſe and original. Two ſorts of Power in Eccleſiaſtical or Spiritual Things, their Agreement and Difference. Of the neceſſity and uſefulneſs of a Juriſdiction over Perſons and in Cauſes Eccleſiaſtical, beſides what is in Churches and Church-men. This Power is placed in Kings, and ſuch as are the ſupream Governours in a Common-wealth. The Government of particular Churches hath Affinity with Families, Cities, and the like leſſer Bodies, more than with the Government of Empires and Kingdoms, confirmed in ſix Inſtances. A Digreſſion. Of Independency Name and Thing; its conſiſtency with the King's Supreamacy. Of the Juriſdiction over particular Churches, placed in Eccleſiaſtical Perſons, as it is. 1. Exerciſed with us in this Nation. 2. As it is in other Reformed Churches, herein; Of Appeals that are properly ſuch in Eccleſiaſtical Matters, theſe are always to be to the Supream Civil Magiſtrate only, or to ſuch as are appointed by him. A Poſt-ſcript, giving ſome account of the congregational way from ſuch Principles of it, as are laid down in this Treatiſ.
THE LAWFULNES OF THE Oath of Supremacy, &c.

THE Supremacy of the Kings of England being eclipſed by the Biſhop of Rome, in both parts of it, the State thought fit to enjoin a Proviſion of equal extenſion. In relation to the Civil Rights of the Crown, is the Oath of Allegiance; and againſt the Encroachments upon the Eccleſiaſtical, this of the Supremacy, which being firſt enjoined, containeth in a manner both. This Oath hath given the Papiſts ſuch a Blow, as they could not but ſtrike again, and have poured out a Flood of Arguments and Abſurdities againſt ſubmitting to it, which hath been a long time ſcattered, and ſtick in the Minds of divers of his Majeſty's Loyal Subjects; who, tho otherwiſe well affected, yet by reaſon of ſome Doubts and Tenderneſs, are at a ſtand to this day, and ſcruple the taking of this Oath: For whoſe ſatisfaction, and clearing the Lawfulneſs of this Supremacy, is the enſuing D. ſcourſe.

CHAP. I.

§. 1. The Oath it ſelf, as now enjoined. §. 2. The Occaſion of this Oath. §. 3. Various Forms of it, and Alterations about it. §. 4. Interpretations given of it in our Laws, and Writers of Note. §. 5. The Nature of our Aſſent and Stipulation.

The Oath of Supremacy.

I A. B. do utterly teſtify and declare in my Conſcience, that the King's Highneſs is the only Supreme Governor of this Realm, and of all other his Highneſs's Dominions and Countries, as well in all Spiritual or Eccleſiaſtical Things or Cauſes, as Temporal: And that no Foreign Prince, Perſon, Prelate, State, or Potentate, hath, or ought to have any Iurisdiction, Power, Superiority, Preeminence, or Authority Eccleſiaſtical or Spiritual, within this Realm. And therefore I do utterly renounce and forſake all Foreign Iurisdictions, Powers, Superiorities, and Authorities, and do promiſe, that from henceforth I ſhall bear Faith and true Allegiance to the King's Highneſs, his Heirs and lawful Succeſſors; and to my power ſhall asſiſt and defend all Iurisdictions, Privileges, Preeminences, and Authorities, granted or belonging to the King's Highneſs, his Heirs and Succeſſors, as united and annexed to the Imperial Crown of this Realm.

§. 2. For many Years there hath been a Conteſt about Juriſdiction and Supremacy in Eccleſiaſtical Matters, between the Biſhop of Rome, and the Kings of England; who hath got ground herein, according as our Princes were found more weak, neceſſitous, or devoted to his Holineſs. Rome was not built in a Day. By William the Conqueror, Legates from the Pope, to hear and determine Eccleſiaſtical Cauſes, were admitted. Henry the Firſt, after much Conteſt, yields to the Pope the Patronages and Donations of Biſhopricks, and all other Eccleſiaſtical Benefices; it being decreed at Rome, that no Lay-Perſon ſhould give any Eccleſiaſtical Charge. King Stephen grants, that Appeals be made to the Court of Rome. In Henry the Second's Days, the Pope gets the Clergy, and Spiritual Perſons, exempted from Secular Powers. The Biſhop of Rome is now over all Eccleſiaſtical Perſons and Cauſes, even in theſe Dominions, Supreme Head. And having upon the matter made Conqueſt over more than half the Kingdom, in the Times of King John, and Henry the Third, ſets on for the whole, and obtains of King John an abſolute Surrender of England and Ireland unto his Holineſs, which were granted back again by him to the King, to hold of the Church of Rome, in Fee-farm and Vaſſalage. Being now abſolute and immediate Lord over all, he endeavours to convert the Profits of both Kingdoms to his own Uſe; ſo that Prince and People were hereby reduced to very great Poverty and Servitude.

Such Ruine being brought upon both Kingdoms by this Device and Engine, (the Claim and Exerciſe of Eccleſiaſtical Juriſdiction over Perſons and Cauſes by a Foreign Power) the Nation was awakened, both King, Lords, and Commons, yea, the Spiritual Lords themſelves, to join with more Vigor againſt this Foreign Uſurpation. To this purpoſe ſevere Laws were made, in the Time of Edw. 1ſt, 2d, 3d. Richard the 2d, and Hen. the 4th. Notwithſtanding theſe Laws, (and ſome formerly, as the Conſtitutions of Clarendon by Hen. 2.) partly by Sufferance, and partly by Negligence, the whole Nation being Catholick, and held under a devotional Slavery, there was no thorow or ſucceſsful Conteſt againſt theſe Oppreſſions. They remained unto, and were complained of in Henry the Eighth's Days; as of Appeals to Rome in Cauſes of Matrimony, Divorce, Tithes, &c. to the great Inquietation, Vexation and Trouble, Coſts and Charges of the King's Highneſs, and many of his Subjects. 24 Hen. 8. cap. 12. In a further Complaint, Anno 25, cap. 21. it is declared, how that the Subjects of this Realm have been greatly decay'd and impoveriſhed by intolerable Exactions of great Sums of Money, claimed, and taken out of this Realm by the Biſhop of Rome, as well in Penſions, Cenſes, Peter-Pence, Procurations, Proviſions, Delegacies, Reſcripts in Cauſes of Contention and Appeals, as alſo for Diſpenſations, Licenſes, Faculties, &c. who aſſumed a Power to diſpenſe with all humane Laws, Ʋſes, and Cuſtoms of all Realms. And many the like Complaints were made to King Henry, by his Parliament, at ſeveral times, as it appears in the Statutes of that Age: In which Statutes, as in that of the 24th of Hen. 8. c. 12. & 25. c. 21.26. c. 1, 3. Anno 28. c. 1, 7, 10, 16, and 35 c. 1. you have the whole Fabrick of Romiſh Uſurpation laid level, and all Eccleſiaſtical Power reduced within his Majeſty's Dominions, and placed in the Arch Biſhop, and other Eccleſiaſtical Perſons under him, by firm and ſevere Laws.

This being done, the King is petitioned by his Lords and Commons, That for further Corroboration of thoſe Acts, and utterly to exclude the long uſurped Power, Authority, and Juriſdiction of the Biſhop of Rome, that an OATH, containing the Subſtance and Effect of thoſe Statutes, be limited and tendred to his Subjects.

This Parcel of Sacred Worſhip (an Oath) is indulged to Mankind in Civil Affairs. Such is the Falſeneſs, Unrighteouſneſs, and Uncertainty of Men, as that human Societies could hardly ſubſiſt without it. The Lord, to repair our Credit, hath formed Mens Hearts generally to a great and apparent Religion, and Reverence of this Ordinance. The Heathens themſelves termed it Sacramium, as if the moſt eminent or only Thing Sacred, and religiouſly to be obſerved. It is ſo effectual a Means to eſtabliſh a Reformation, as Men will be kept firm by Oaths, (ſaith one) tho there were neither Laws nor Magiſtrates. Liv. Hiſt. We are expoſed to more Variety and Changes from Ʋnſteadineſs in the Mind, than from any thing that is without us. Fix the Conſcience, and you ſix the Man, whatever Evil he is thereby expoſed to. There is nothing generally more effectual to fix the Conſcience than an Oath: If I have ſworn, and invocated the Name of God in an Engagement, it will be an End of all Strife, and diſpute with my ſelf, as well as with others, Heb. 6.16. Our Counſels and Reſolutions are in common apprehenſion become immutable, when confirmed by an Oath, ver. 17.Numb. 30.3. Whoſoever (ſaith Moſes) ſweareth an Oath, and bindeth his Soul by a Bond. It is the Bond of the Soul, we have given Security for our Faithfulneſs from Heaven. For removing the Romiſh Yoke, which lay ſo heavy upon Prince and People, Means hath been uſed again and again, almoſt in each King's Reign, for near Four Hundred Years but to no great effect. Goſpel-Light dawning about us, and the binding of our Souls by an Oath, hath been the fixing of this great Work, and the beſt Fence againſt Popery that ever was ſet up. I have ſpoken the more ſully of the Occaſion, and this Means (our Oath), that we may not judg the taking of it to be a taking the Name of God in vain; for as long as this Nation is in danger of Popiſh Tyranny in Eccleſiaſtical Matters, ſo long is this Oath of abſolute uſe and advantage, as the beſt Security between Man and Man for Union againſt it.

§. 3. A Parliament being called in 22 Hen. 8. the King was recognized by the Clergy of that Convocation, Supreme Head of the Church; the Expreſſion or Form hereof debated, a reed upon, and ſubſcribed by each Perſon there, was this: Cujus (Eccleſiae Anglicanae) ſingularem Protectorem, unicum & ſupremum Dominum, & (quantum per Chriſti leges liect) ſupremum Caput, ipſius Majeſtatem recognoſcimus. This Title was afterwards confirmed by divers Acts of Parliament, and two Oaths formed to this purpoſe in one Parliament, viz. 28 Hen. 8. the one more brief, having with it the Succeſſion of the Crown, in cap. 7. the other more full and large, and to this purpoſe only, cap. 10. Some Years after, viz. in An. 35 Hen. 8. a Revive of both theſe Oaths was made by the Parliament, and with ſome Alterations reduced into one: The Reaſons there are given why this was done; and it was reſolved, Thoſe Oaths ſhall not therefore be adminiſtred, and this Oath to ſtand in force and place of the two Oaths. Which Oath began thus:

I A. B. having now the Vail of Darkneſs of the uſurped Power of the See and Biſhops of Rome clearly taken away from mine Eyes, do utterly teſtify, &c.

This Oath remained the ſame the reſt of his Reign, and all Edward the Sixth's time. Queen Elizabeth, in the firſt Year of her Reign, made theſe Alterations: 1. That Expreſſion of Supreme Head, &c. went hardly down by ſome, as taking too much from the Pope; and as giving too much to any Secular Prince, by others. Tho Henry the 8th, by his Letter written to the Clergy of York-Province,Anno 1533. well defends it; yet Queen Elizabeth by her Parliament changed that Expreſſion.1 Eliz. 2. The Oath was altered (to uſe Secretary Walſingham's Words) into a more grateful Form, In his Letter to Critoy, Sec. of France. the hardneſs of the Name, and the Appellation of Supreme Head being removed. 2. This Oath by that 35 of Hen. 8. might be tendered to any Subject at the King's pleaſure, cap. 1. By the Statute 1 Eliz. 8. the urging of it was limited to certain Perſons, employed in Publick Truſt. 3. The Penalty for refuſing it, at firſt was no leſs than High-Treaſon: By the Statute 1 Eliz. the Puniſhment for Refuſal is only a Diſenablement to take any Promotion, or exerciſe any Publick Charge, yet with this Proviſo, if afterwards during Life there were a ſubmitting to take this Oath, the Perſon might be reſtored to his Office or Charge. But by the Parliament in 5 Eliz. the Puniſhment (which as yet ſtands) is greater: The firſt Refuſal of the Oath brings the Perſon within a Praemunire; and if tendred a ſecond time, after the ſpace of three Months, and again refuſed by the ſame Perſon, it is High-Treaſon. This Severity in the Puniſhment, is recompenſed with a more gentle and indulgent Interpretation of the Oath, as will appear in the following Section.

As we are not to ſwear raſhly, ſo our Laws do not give Oaths raſhly, but with great care and tenderneſs, weighing and conſidering both the Matter, Perſons, Penalties, and the Seaſon or Occaſion, being not willing their Laws, or Puniſhments for breaking of them, be a Snare, or at any time more grievous to the Subject than the Neceſſity of State requires.

§. 4. The true Scope and Sence of this Oath may be gathered from the Laws and Statutes ſince eſtabliſhed, and ſome Light alſo from other Writers of Note.

Queen Eliz. within a little time after this Oath was reduced to the Form wherein now it ſtands, in an Admonition annexed to the Injunctions, declareth the Sence and Interpretation of it, as followeth.

The Admonition annexed to the Queen's Injunctions.

THe Queen's Majeſty being informed, that in certain Places of this Realm, ſundry of her Native Subjects being called to Eccleſiaſtical Miniſtry in the Church, be, by ſiniſter Perſuaſion, and perverſe Conſtruction, induced to find ſome ſcruple in the Form of an Oath, which by an Act of the laſt Parliament is preſcribed to be required of divers Perſons, for the Recognition of their Allegiance to her Majeſty, which certainly neither was ever meant, ne by any equity of Words, or good Sence, can be thereof gathered; would that all her Loving Subjects ſhould underſtand, that nothing was, is, or ſhall be meant or intended by the ſame Oath, to have any other Duty, Allegiance, or Bond required by the ſame Oath, than was acknowledged to be due to the moſt noble Kings of famous memory, King Henry the Eighth, her Majeſty's Father, or King Edward the Sixth, her Majeſty's Brother.

And further, her Majeſty forbiddeth all manner her Subjects to give ear or credit to ſuch perverſe and malicious Perſons, which moſt ſiniſterly and maliciouſly labour to notify to her Loving Subjects, how by the Words of the ſaid Oath it may be collected, the Kings or Queens of this Realm, Poſſeſſors of the Crown, may challenge Authority and Power of Miniſtry of Divine Offices in the Church; wherein her ſaid Subjects be much abuſed by ſuch evil diſpoſed Perſons: For certainly her Majeſty neither doth, ne ever will challenge any other Authority, than that was challenged, and lately uſed by the ſaid noble Kings of famous memory, King Henry the Eighth, and King Edward the Sixth, which is, and was of ancient time due to the Imperial Crown of this Realm: That is, under God, to have the Sovereignty and Rule over all manner of Perſons born within theſe her Realms, Dominions, and Countries, of what Eſtate, either Eccleſiaſtical or Temporal ſoever they be, ſo as no other Foreign Power ſhall, or ought to have any Superiority over 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;Ad leges, per ſe requiritur poteſtas in perſmam, ſecunderio in res altas. Suarez de Le . lib. 1. cap. 8. the one of Cauſes, and the other of Perſons.

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 Ox which goreth a Man that he dieth, Fxod. 21.29. 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 abroad;Whom Calvin terms Impoſtor ille, in Am. 7.13. 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, it was no new Juriſdiction wreſted from the Pope, but a Power or Prerogative juſtly and rightfully belonging to him,26 Henry 8. cap. 1. 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. Mat. 20, 25, 26. Ye know (ſaith Chriſt) 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. 2. If doubtful,Heb. 9. 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 yield Obedience to any Commands given by it, or make any Appeals or Complaints to it. 3. That which followeth, and wherein the main of this Engagement lieth, is in theſe Words, I do promiſe that from henceforth I ſhall hear Faith, &c. and to my Power ſhall aſſiſt all Iuriſdictions, &c. Herein is required a Promiſſary Oath, ſwearing Allegiance to the King, (as a Loyal Subject) to ſubmit to his Laws, as alſo if there be occaſion; to my Power to aſſiſt and defend him, and all Juriſdictions and Priviledges belonging to him. Though my Perſwaſion be ever ſo right, my Reſolution ever ſo ſincere, at the taking of this Oath; that's not all is required. In an Aſſertory Oath, if there be Truth and a right Frame of Heart in time I ſwear, and give my Teſtimony, it ſufficeth: But a Promiſſory Oath is not diſcharged by this, that I ſincerely intend what I ſay and promiſe, for I engage to Action, and for the time to come; I muſt not only promiſe, but (if it be lawful and poſſible) I muſt act and do accordingly, Numb. 30.2. If a Man ſwear an Oath to bind his Soul with a Bond, he ſhall do according to all that proceedeth out of his Mouth.

CHAP. II.

What is meant by Perſons and things Spiritual or Eccleſiaſtical; in the proper, as alſo in the vulgar uſe of theſe Terms.

IF this Expreſſion Spiritual, be interpreted by the Contradiſtinct Member, Temporal, it ſeems to direct us, to underſtand ſuch matters as concern Eternity, for that is the true Oppoſite to what is temporal: 2 Cor. 4.18. The things that are ſeen are temporal, and the things that are not ſeen, are eternal: now in ſtrictneſs of Speech carnal, not temporal, is the oppoſite Member to ſpiritual; I could not ſpeak unto you as ſpiritual Men, but as to carnal; 1 Cor. 3.1. and 1 Cor. 9. If we have ſown unto you ſpiritual things, is it a great matter if we reap your carnal things? But this is too narrow and ſtrict a Senſe. There are matters vulgarly termed Spiritual or Eccleſiaſtical, being ſuch in Name and Title only, having nothing of a ſpiritual Nature in them-Such a Diſtinction of ſpiritual things you have in a Letter written by Henry the 8th to his Clergy, of the Province of York, in the Year 1533, who were offended at his Title of being Supream Head of the Church: Men (ſaith he) being here themſelves earthly and temporal, cannot be Head and Governour to things eternal, nor yet ſpiritual; taking this word Spiritual not as in the common Speech abuſed, but as it ſignifies indeed. By ſpiritual things as abuſed in common Speech, he means what is given to all ſuch Perſons and Cauſes as belong to the Spiritual Court, and are termed by Civilians, cauſae vel res contentioſae vel judiciales, matters of conteſt, inter partes, actorem & reum, and come to be determined by Sentence of the Judg in thoſe Courts. By thoſe things that are indeed ſpiritual, is meant res extra judiciales, or non contentioſae; that is, ſuch things as are determined not in a Judicial, or Court-way of Tryal, by Witneſſes, Oaths, Interpleadings, Sentences, and the like; but in a more deliberate and ſynodical way, having the Word of God for Witneſs and Judg; both in reſpect of what we do, and what we may do in things of this Nature. Cauſes Eazleſiaſtical (ſaith Dr. Field) are of two ſorts; Field of the Church p. 680. for ſome are originally and naturally ſuch, and ſome only in that they are referred to the Cognizance of Eccleſiaſtical Perſons, as the probat of the Teſtaments, Matrimony, &c. Thoſe Spiritual Courts being continued; and the ſame Cauſes tried in them as before, when this Juriſdiction was uſurped; the matters that were then, are ſtill vulgarly reputed Spiritual.

Emperors receiving the Chriſtian Faith, honoured the learned and godly Biſhops antiently with ſome Juriſdiction, in the caſes of Tythes, Matrimony, Wills and the like; which are termed Eccleſiaſtical or Spiritual; not from their own Nature, but from the Quality of the Perſons who were made Judges of them. They being ſpiritual Men; the Cauſes come to be called ſpiritual Cauſes (after their Names and Quality) that were ſet over them. Theſe Cauſes growing and increaſing in aftertimes, according as ſpiritual Perſons were able by the Popes aſſiſtance, to rifle from Princes; the managing of them require more hands, than thoſe to whom firſt committed, namely the Biſhops, and ſuch as were in holy Orders, they therefore took in for Aſſiſtants, a great number of others, as Archdeacons, Chancellors, Commſſiaries, Officials, &c. and theſe are denominated Spiritual from thoſe Cauſes, and their aſſiſtance of Biſhops in the managing of them: and their Courts, Spiritual Courts.

There are Perſons that are truly ſpiritual, The ſpiritual Man (ſaith Paul) judgeth all things, 1 Cor. 2.14. and Gal. 6.1. Ye that are ſpiritual, &c. That is, ſuch as have Grace and Holineſs. He alſo that hath ſpiritual Gifts, and in a Goſpel-Office or Calling, is a ſpiritual Perſon, 1 Cor. 14.37. a Man of God, 2 Tim. 3.17.1 Pet. 2.5. And there are Matters or Cauſes that are truly ſpiritual; as the Law is ſpiritual, Rom. 7. The Goſpel and preaching of it, is a ſowing of ſpiritual things; 1 Cor. 9. the Worſhip and Service of God,1 Cor. 12. and 14.12. and all Gifts and Ordinances of Chriſt, are ſpiritual. Yea whatſoever things natural, or moral, that are helps to the Perſons worſhipping; and by which the Worſhip it ſelf becomes more orderly and to Edification, and in the defect whereof the Name of God is taken in vain, and Ordinances of Chriſt become leſs acceptable and effectual: theſe Things and Circumſtances, in ſome ſence may be termed Spiritual or Eccleſiaſtical. Perſons and Cauſes of each ſort, whether vulgarly or properly, termed Spiritual or Eccleſiaſtical, are ſome way or other under the Magiſtrates Government.

The former of theſe, thoſe ſpiritual Perſons and Courts, and Cauſes appertaining to them in the firſt framing of this Oath, were principally (if not only) intended and aimed at, as appeareth in the Statutes before mentioned. And indeed the greateſt Contention between the Pope and our Princes in all time hath been about Eccleſiaſtical Matters of that nature; being then judged of greateſt prejudice in reſpect both to the Honour and Wealth of this Nation. For, thoſe matters more truly ſpiritual, and nearly relating to God and his Service (the Ignorance of the times was ſuch) his Impoſitions, both in Doctrine and Worſhip (though very ſinful, unſound, and ſuperſtitious) were generally recelved by Prince and People in this Nation, without reſiſting or complaining.

There can be no queſtion but theſe matters being indeed temporal, properly belong to the Secular Powers. For, for the ſpace of three hundred Years, this Diſtinction was not known (ſaith Sir John Davis) or heard of in the Chriſtian World; the Cauſes of Teſtaments, Matrimony, Sir J. D. in his Reports, the Caſe of Premunire. &c. termed Eccleſiaſtical or Spiritual were meerly Civil, and 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, 〈 in non-Latin alphabet 〉 , Strength, Force, Robuſtneſs. Such a Power is found not only in Men, particular Perſons, as Sampſon, Goliah, &c. but in other inferior Creatures. Poteſtas 〈 in non-Latin alphabet 〉 , Juriſdiction, Authority, this is peculiar to rational Creatures,Job 40.18. 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; Ʋs 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 ever 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 〈 in non-Latin alphabet 〉 , 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 non-Latin alphabet 〉 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-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 utriuſ que 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;Stat. 20. Hen 8. c. 12. Both Authorities and Juriſdictions joyn together, and the one helps the other.

§. 3. Their Differences are in theſe Particulars.

1. Though both have (in their reſpective way) to do with 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 its 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, Rev. 1.16. 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; 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 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , Miniſterium, not Deminium, 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:Of Supremacy, pag. 238. Tho (ſaith he) 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) containeth all the People in a whole Nation,Holy Common-wealth, pag. 220. 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) in all Laws in the World, Conſiderations about Church-Affairs. 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 moddles 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;1 Eliz. cap 1. with 35 Hen 8. making the ſame Fault Treaſon in one Age, that in the next not ſo much as Impriſonment. 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 ſhe ſame.

5. In their Conſtitution or Tenure: Licet omnis Poteſtas (ſaith Carbo) tum Eccleſiaſtica tum Civilis, Carbo de Leg. iib. 2. cap. 8. ſit à Deo, tamen non eodem 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 Pet. 2. Church-Power and Government being ſpiritual, hath all particulars for ſubſtance, both in reſpect of Perſons and Adminiſtrations, for matter and manner appointed by Jeſus Chriſt, and in all Nations to be the ſame. Civil Power, even in Eccleſiaſtical Matters, in many things for ſubſtance, is left to the Prudence of the State in which it is exerciſed; and in the Forms of it various, according to the manner of the Nation. As for Inſtance; Inſpection into Religious Aſſemblies, viſiting and obſerving their Demeanour, receiving Complaints, by reaſon of Wrongs, Diſorders, &c. Theſe things may be done by the Civil Magiſtrate, in his own Perſon, or by Perſons authorized from him; theſe Perſons may be many, or but one in a Diviſion, theſe Diviſions of larger or leſs Compaſs. And for the manner of Procedure, it's various, as Eccleſiaſtical Courts differ in their manner of Proceſs from Civil, or of a Method or Way of handling Cauſes different from each, be eſtabliſhed by Law, it is equally warrantable. There are particular Directions left by Chriſt, according to which the Officers (and Perſons more eſpecially entruſted with this Power) are deſigned to, and inveſted in their Places and Charge, as Election, Ordination, &c. with Faſting and Prayer. The other Powers are ſetled upon, and claimed in ſuch ways, as the reſpective Law of Nations deſign, as by Birth, Lot, Victory, Donation, or the like, as well as Election; inſomuch as a Woman or Child may have a rightful Claim to this Supreme Truſt, and the Management of it, by themſelves or others, as ſhall be appointed.

CHAP. IV.

§. 1. Of the Neceſſity and Ʋſefulneſs of a Juriſdiction over Perſons, and in Cauſes Eccleſiastical, beſides what is in Churches. §. 2. This Power is placed in Kings, and ſuch as are the Supreme Governors in a Common-Wealth.

§. 1. FOr the ſecond, we ſhall ſhew how neceſſary and uſeful Civil Power is, even in Eccleſiaſtical or Spiritual Matters, notwithſtanding the other. It is not to be denied, that Souls were converted, and Churches eſtabliſhed, and kept up, when there was no Aſſiſtance, but rather Oppoſition, from the Princes of the Earth, as in the Apoſtolick and Primitive Times. The Benefit we have now by Chriſtian Mgiſtrates, was then more abundantly ſupplied, (the Infancy of Chriſtianity requiring more) by the Miracles wrought, and the conſtant Direction and Care of Apoſtolick and extraordinary Perſons, who were gifted by Chriſt for that purpoſe.

All the ordinary Helps that now we have, by external and more ſenſual or carnal Means, contributing any thing to theſe great Works, is only a pious and Chriſtian Magiſtracy, where a Nation is bleſſed with it. The Benefit hereof is much in a ſpiritual reſpect, both to the World, as likewiſe to the Church.

1. It is (tho remote) a great Help to bring Men out of their natural Condition, unto Life and Salvation. We are exhorted to pray for Kings, and ſuch as are in Authority, 1 Tim. 2. The reaſon, v. 4. For God will have all men to be ſaved, and to come to the knowledg of the Truth. As the Knowledg of the Truth is a means to bring a Soul into a ſaving State; ſo is the Magiſtrate (being enlightned himſelf) a great Means to bring us to the knowledg of the Truth. Thoſe Men were in a great Diſtance from God, in a Rage againſt Chriſt and Religion, Pſal. 2.1. they did combine againſt the ſtrict Ways of the Goſpel; theſe poor Heathens being, notwithſtanding, given to Chriſt by Election, v. 8. David uſeth a twofold Method for reducing them: The firſt is, a repreſenting their wretched and miſcrable Condition, while in this State of Enmity, ver. 9. Then, 2. deals with their Princes and Rulers, to be forthwith inſtructed, and ſerve the Lord, i.e. as Kings and Magiſtrates, in their publick Capacity. But muſt not the People be inſtructed alſo? Such Magiſtrates will ſpeedily provide and take care for their People, that they may be brought to the knowledg of the Truth; and therefore it needs not to be mentioned.

The Magiſtratical Power conduceth to this Work divers ways, 1. By ſetting up and protecting a Goſpel-Miniſtry. He only can ſubſerve Providence, by ſending, or giving way to others to ſend forth fit Perſons, and enforce a Maintenance for their Encouragement in this Work. By ſuch a Word of Providence (it is 〈 in non-Latin alphabet 〉 ) we come to hear, and by hearing we believe, Rom. 10.17. He can urge his People to come to the Means, and outwardly conform to the ſame, and ſo bring them to the Knowledg of the Truth, the very Knowledg whereof, tho not ſaving, is a means at leaſt to reſtrain our inbred Corruption, and to work preparatively to Converſion, bringing Men into a Condition not far from the Kingdom of Heaven, as Chriſt ſpeaks.2 Pet. 2.20.

2. The Civil Magiſtrate hath Power to puniſh and reward, and ſo to work upon the Paſſions of Fear, Deſire, Hope, &c. Man, even in his Natural Eſtate, hath free Will in Moral Actions, if it be excited and drawn forth. The Paſſions are ſo ſeated betwixt the Will and Senſes, that outward and ſenſual Objects work effectually upon it: the Motions of the Will, in this our State of Corruption, depending more upon the viſions of what is ſenſual,Hominem etſi timore poenae fugiat peccatum, paulatian affectum & animum ad illud amittere, & è contrario concipere odium illius, idec que etiam vitare ccatum. Ariag. de Leg. Diſp. 13. § 9. Hoſ. 2.6. than what is a rational Good or Evil. The moſt commanding and ſtirring Paſſion, and with moſt life and vigour, in a natural Man, is Self, or Self-Love; it is the firſt Principle uſually that God excites in us towards Converſion, as in the Parable of the Prodigal, and divers other Scriptures. Sickneſs, Poverty, and the like Occurrence of Providences, (Puniſhments for Sin) being ſanctified by the Lord, work much upon us; ſo Miſeries inflicted upon the more obſtinate, from Magiſtrates (in Juſtice for evil-doing) have the ſame Operation: and by reaſon hereof, groſs Corruptions are kept in and reſtrained, whereby the Habits of Sin decreaſe, and become leſs rank in the Soul. It is a hedging our Way with Thorns, as the Prophet ſpeaks.

A great part of the World lies without the Pale of the Church, and the ſeverity of its Judicature reacheth them not. This Power is exerciſed only on Church-Members; we have nothing to do to judg them that are without, 1 Cor. 5.12, 13. tho they be Fornicators, or Covetous, or Idolaters, or Drunkards, or Extortioners; Churches, in reſpect of Cenſures and Puniſhment, leave them to God by the Magiſtrate, or the like Providential way to judg them, verſ. 13.

3. Impedimenta removendo; he removes corrupt Teachers, that ſlay Mens Souls,Mich. 2.11. by crying Peace, propheſying of Wine, &c. indulging Sinners in their Security; and ſuch as by Errors and falſe Doctrine poyſon Mens Souls, to their eternal perdition; by reſtaining Stage-Plays, not permitting Brothel-Houſes, and the like Fomenters of Sin.

Now there is no means or proviſion ſo certain, and generally effectual to ſend out Preachers, to urge and conſtrain Men to hear, and for all theſe purpoſes, as this, when the Magiſtrate, according to his Truſt and Duty, puts forth his Authority in theſe Matters; or that will ſo univerſally, as an external means, ſtir that Principle of Self-love in all Men, to the ſeeking after what is good, and the ſhunning of what is evil. A Coercive Power of this Nature is placed in no other hand but his. Miniſters may preach and perſuade,1 Tim. 3.3. Mat. 20. but muſt be no Strikers, may not externally afflict and conſtrain; Peter may not uſe his Sword in Chriſt's Quarrel. God only, and the Civil Magiſtrate, further our Happineſs, by making us miſerable.

Paul, who had as much Power as any Man of that Order, yet his Weapons were only ſpiritual; and tho an Apoſtle, yet could not do ſo much as the meaneſt Civil Magiſtrate in ſuch a Coercive way: for their Weapons will, whether Men incline or not, have an operation, and conſtant effect, leſs or more, to whomſoever applied. This Power therefore of the Civil Magiſtrate cannot well be wanted; or if it be, there is no ordinary means to be had for a ſupply in the room of it.Judg. 17.6. When there was no King in Iſrael, every Man did what was right in his own Eyes, followed the Ways his Luſts led him to. Suppoſe there be good Counſel and Inſtruction, yet to many Perſons it ſignifieth little; for ſome Men are not corrigible by Words, Prov. 29.19. The Fooliſhneſs that is bound up in our Hearts, muſt by Correction be driven far from us. Prov. 22.15.

4. I ſhall conclude, adding in the laſt place,Rom. 13. the Praiſe of Well-doing. The Countenance and Encouragement of the Magiſtrate to thoſe that preach, and thoſe that obey the Goſpel of our Lord Jeſus Chriſt, renders it even to a carnal Heart deſirable. The Lord gives this honour to a poor Servant, faithful in his place, that he adorns the Goſpel, Tit. 2.10. and renders it more acceptable and effectual. So likewiſe the Converſaetion of a Wife, that thoſe who obey not the Word, 1 Pet. 3.1. are without the Word won by ſuch a Converſation; that is, won to the Love of the Word, and the liking of thoſe Ways that are according to the Word. Much greater is that Honour and Ornament which comes to the Goſpel, when the Magiſtrate, not only by his Converſation, and perſonal Example, but by his Laws and Authority, ſets himſelf to encourage all he can, the Preachers and Profeſſors thereof, bearing them up againſt Deſpiſers and Scoffers.

2. In reſpect to the Church,To the Church. and ſuch as are effectually call'd out of the World; God hath promiſed, and in the Scripture much comforted his People in this, that they ſhall have great benefit by the Civil Magiſtrates that are over them: as Iſa. 32.2. & chap. 49.23. & chap. 60.16. Theſe Promiſes relate to Goſpeltimes. And thoſe Places, Numb. 27.16. and 1 Tim. 2. are equivalent to Promiſes: a Prayer is as it were a Promiſe reverſed; what is ſpoken by the Lord in a Promiſe, being returned, is the ſtrength and confidence of a Prayer. Encouragements alſo to obey Precepts, imply Promiſes; ſo that of Rom. 13. and 1 Pet. 2. our Subjection is required upon this conſideration, that Kings are for the praiſe of them that do well, Rom. 13. ordained of God to thee (to the Church, and to every Saint) for good. The Lord in this doth not only promiſe, but as it were undertake for the Magiſtrate, that he ſhall be ſuch an one, as thoſe that are pious and righteous, thoſe that do well, need not dread or fear to be under him. A good Magiſtrate is a Bleſſing, and matter of joy and rejoycing to the People of God, Prov. 29.2. Eccleſ. 10.17. a great Fruit and Evidence of his Love to them, 1 King. 10.9. and 2 Chron. 2.11. Becauſe the Lord hath loved his People, he hath made thee King over them; it is ſo ſpoken of Solomon.

The Benefit and Good to the Churches and Saints from the Civil Magiſtrate, may more particularly be judged of in theſe Conſiderations.

1. Kings and Princes are an Ordinance of God, or Medium by which, in a more ſpecial and peculiar way, he communicates his Power, Wiſdom and Juſtice for the governing of all Societies of Men. 1 Kings 3.28. All Iſrael feared the King, for they ſaw that the Wiſdom of God was in him, to do Judgment. So the Power and Juſtice, and the like Attributes of God, become viſible in this Ordinance of God. See Eccleſ. 8.2. Numb. 27.20. Prov. 16.10. and 21.1. It is brought as an Argument to Magiſtrates againſt Partiality and Bribery; 2 Chron. 19.7. There is no Iniquity with the Lord our God, nor reſpects of Perſone, nor taking of Gifts. What is, or is not in God, ſhould be, or not be found in him that is a Magiſtrate. They are therefore termed Gods, becauſe a viſible Repreſentation of God's Attributes, is, or ought to be in their Governing. And as Chriſt is ſaid to be preſent with thoſe Officers in the Church which he hath appointed, becauſe there is a ſpecial Virtue and Efficacy of Chriſt manifeſt in their Miniſtry: So in this great Ordinance of a Magiſtrate, there is ſaid to be a ſpecial Preſence of God with him, 2 Chron. 19.6. From the like Manifeſtation of God, in his Wiſdom, Power, Goodneſs, &c. for the Welfare of Societies.

There is ſuch a Harmony and Neighbourhood between the outward and inward Man, that what works upon the one, affects the other. When therefore the Miniſtry by Chriſt's preſence works upon a Man's Soul, the Man is of a better Behaviour outwardly, and to Civil Relations: So alſo being brought into outward Subjection and Conformity, (by Magiſtracy) the Mind and ſpiritual part is much the more fitted for Chriſtian Communion. Moral Vertues, yea, Civilities are much preſſed upon Church-Members every where in the Epiſtles, as to be kind, courteous, Rom. 16. humble, ſubmiſs, ſelf-denying. Paul ſpends a whole Chapter in Greetings and Salutes. Men and Women that are moroſe, ſelfiſh, ſtiff, opinionative, ill-bred, ſuch for the moſt part are burthenſom in all, and as much in theſe ſpiritual Societies as in any other.

2. For Protection, Church-Power neither judgeth or reſtraineth them that are without; it is no Fence nor Security againſt the World. The only Hedg about this Vineyard, under God, is the Sword of the Civil Magiſtrate. Saints and Churches, being called and ſeparated out of the World, are hated by the World, and ſuch a Seed of Enmity in them againſt the Members of Chriſt; as if there were no higher Power to reſtrain, being the far greater number, they would utterly root us out.

The Church for Weakneſs and Helpleſneſs is reſembled by a Nurſe-Child, or Infant, which needs the Care of thoſe who have more Strength. This religious Care and Tenderneſs, is,Iſa. 9.16. or ought to be in the Magiſtrate, who is 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 wrought in the behalf of the Church,2 Cor. 10.12. 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,1 Sam. 10.6, 9. 1 Kings 4.29. nouriſhing and protecting Chriſt's feeble Orphant the Church. 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,1 Kings 4.29. and this not only in Honeſty, but in all Godlineſs.

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 that 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.Job 31.19, 21, with 23. If I have ſeen (ſaith he) 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 beheld the Sun, and my Heart hath been ſecretly enticed, or my Mouth hath 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. for Church-Miſcarriages; and it's ſaid to be for the Salvation of their Souls, 1 Cor. 11. 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. Rom. 13. 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.

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;a Chron. 8 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 whille 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 Benent 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,Col 2. 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. 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, 2 Cor. 12.20. and the like amongſt them. 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,1 Cor. 10 32. and oft-times do give Offence as well as ſingle Perſons. It's part of a Chriſtian Magiſtrate's Care, and as a Magiſtrate, to puniſh open Offenderrs, whither 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 Ʋſefulneſs of this Power being declared ſo fully, it will not be difficult to evince the Neceſſity if it, that is, to the wellbeing of Churches. For whatſoever thing is uſeful in Spiritual Affairs, is in the ſame degree neceſſary. I argue thus:

If the Ruling and Coercive Power in a Church extends it ſelf no further than its own Members; if one particular Church cannot ſuſpend, excommunicate, or exerciſe any the like Juriſdiction over another; it will then follow, vvhatſoever benefit or advantage Churches, or their Members, are ſuppoſed to have and reap, by being under any external Ruling Power here on Earth; this may, and ought to be expected from the Magiſtrates Eccleſiaſtical Power and no other: His being the only Power that is of ſuch an Extenſion and Compaſs, as to be over all Perſons and Societies without his Dominion,

For the further Explication and Confirming of what is aſſerted, I ſhall lay down ſome Conſiderations, and then anſwer Objections. Purpoſely enlarging upon this Argument, as tending much to a diſtinct underſtanding of Eccleſiaſtical Juriſdiction, both as it is in Church and Magiſtrate.

The Conſiderations are theſe.

There is no Power or Authority either in Church or Magiſtrate that doth directly and immediately compel or enforce the Soul. Pains, Penalties, Reſtraints, bodily Puniſhments; or what comes nearer, and is more ſpiritual, as Admonition, Suſpenſion, Excommunication, or the like. 'When Perſons in any of theſe ways are judged and cenſured, by the Church or Magiſtrate, or both; it hath its Fruit and effect in reſpect of Morals, only in a more remote and circular way, as by working upon the Judgment and Affections; for there is no created Power can reach the Soul, to put upon it any immediate Force or Reſtraint, further than by applying ſuch means (diſcovered by the Scripture or Light of Reaſon) as are apt and ſutable to ſet the Soul and Conſcience of a Man, to work upon it ſelf.

We term it Coercive, in difference from what is only directive and perſwaſive, for according as the Lord hath appointed means to this or that end, accordingly he works, and ſo we ought to judg and ſpeak. Now beſides means appointed for Inſtruction and Perſwaſion, God alſo hath added Diſcipline; a means morally coercive, which hath Pain and Shame, it's a Puniſhment 〈 in non-Latin alphabet 〉 , and for the Deſtruction of the Fleſh, therefore a means morally Compulſive, and more than meerly perſwaſive, the Rod and Reproof is more than a ſingle Reproof,1 Cor. 4 21. Prov. 29.15. Prov. 29.19. it is a Correction which is compulſive; a Servant will not be corrected with Words. To make all but directive, is to confound the Keys. The Reverend Author ſhould not judg or ſpeak of an Ordinnce according to the Reception of a carnal Heart, Mr. B. in his firſt Diſpute, p. 6. but according to what is deſigned by the Lord, as his ordinary Drift and Scope in ſuch an Appointment. There is the Word read, Goſpel preached, and viſible Seals; we are to judg a greater and more effectual Exhibition of Chriſt in the one, than in the other, yet all alike to a carnal and unbelieving Soul.

2. There are two great and Catholick Bodies, or Kingdoms, immediately and invifibly governed by the Lord and his Chriſt: The World and the Church, made up each of leſſer Corporations, as Cities, Families, particular Churches, &c. I ſay, invibly and immediately: for, as God is inviſible, ſo what he acts immediately, he acts inviſibly. As the Church is diſtinguiſhed into viſible and inviſible, ſo is the Power by which it is governed. Inviſible as in a ſecret and myſterious way, and immediately from the Lord: And thus are all Kingdoms, Nations, Tongues and Languages united as in one, even the great bulk of Mankind; as alſo the Catholick Church, that great Body of Saints, they are all thus governed by the Lord, and by the Lord alone, and not by Man. Viſible, as where theſe great Bodies of Men and Chriſtians, come to be cantoned, parcelled, and formed into Political Bodies, governed by Men,Whit. Tract 3. c. 6. p. 181. in an external and viſible way.

Theſe viſible Bodies are either greater and containing, as Empires, Kingdoms, Provinces, &c. Or thoſe that are leſs, and contained, as Cities, Colledges, Pariſhes, Families, and the like, whether they be Civil or Eccleſiaſtical. Theſe leſſer, though they have the Compleatneſs of a Body or Corporation, each in its kind, and ſufficient Power to govern it ſelf; yet not to govern one another. A Church hath not Authority to govern a Church, nor a Family, or the chief in it to govern a Neighbour-Family. The Light in the leaſt Star is ſufficient for it ſelf, but not to rule the Day or the Night, as the Sun and Moon.

Theſe leſſer Bodies are therefore ſo compoſed in their ſeveral Regiments; that many of them together, may lie in the Boſom of a greater Corporation; and it will be for their better and more comfortable ſubſiſting and Government.

There is no external Coercive, or ruling Power that falls in, and fills up the ſpace betwixt thoſe great and Catholick Bodies the World and the Church, and thoſe leſſer and loweſt Regiments and Societies, but what is, or ought to be expected by or from the Civil Magiſtrate, who is to be acknowledged of his Subjects, whether Eccleſiaſtical or Civil under God to be over all.

3. Theſe leſſer Societies therefore ordinarily are found under a twofold Regiment or Diſcipline. The one intrinſecal and peculiar, which in Families is received from the Light of Nature, and from the Light of Inſtitution in Churches. The other more General and Common: And theſe leſſer Bodies come under it by reaſon of their Situation, being within the Confines of ſuch a Republick, they are under the Juriſdiction of the Princes thereof. De Epiſc. lib. 3. c. 5. Each Prince, ſaith Maſon, hath Power in ſubditos ſuos ac proinde in Eccleſiam modo ſubditi ſunt Eccleſiae. If ſituated where there is no formed Common-wealth, King, or Supream Power over them, they are as a Free-State, each Family, City, and Church, immediately under God and Chriſt, and no other Power but what it hath in it ſelf; which being a Power not derived from the Magiſtrate, but peculiar to a Family or Church, remains in them, though no Magiſtrate. Such was the Family and Church-ſtate in the time of the Patriarchs for two thouſand Years.

As it is a Happineſs to a People that live in Empires and Kingdoms, that theſe are parcels of that World which hath the righteous God to govern it, who is the King of Kings, and Lord of Lords. 2 Kings 19.15. So is it likewiſe to theſe leſſer Bodies, a Family, or a Church, that they are ſituated under the Wing of a Chriſtian, and well-governed Common-wealth. Where their Governours may be under ſome Government, and in Wrongs and Diſorders, they may have the Benefit of a Magiſtrate's Authority to appeal unto.

CHAP. V.

1. The firſt Objection anſwered. 2. The Government of a particular Church, hath Affinity with that of leſſer Bodies, more than with the Government of Empires and Kingdoms.

Object.

§ 1. IT may be objected, that Churches are ſpiritual Corporations, and of a more peculiar Conſideration, in reſpect of their Government; and therefore not to be reckoned with Civil, at leaſt not with Families, or ſuch mean and low Societies.

Anſw. Policy or Government in it ſelf, and all the ſorts of it, is from the Light of Nature, and common Reaſon. And this is generally ſuppoſed by all; that tho the Subject Matter, or Perſons governed, be of different kinds; yet the Law and Forms of Government may be the ſame where ſo appointed by Chriſt. And I rather inſiſt on ſuch a way of Diſcourſe and Reaſoning, as moſt ſuitable to the Subject I am upon, but eſpecially becauſe Subordination of Churches to Churches is argued from the Light of Nature, and in this very Caſe, termed by our Brethren a Divine Topick. Now if we may argue and guide our ſelves in Church-Affairs by the Light that ſhineth forth (from the natural Wiſdom and Prudence of Man) in the Government and managing of Kingdoms; there is as much a Jus Divinum, and ground of reaſoning from the Light that appears in the prudent Conſtitution and Government of any other civil Society.

I have mentioned in the Conſiderations, Cities, Families, and thoſe leſſer, and contained (as I term them) Societies or Corporations with particulars Churches: Becauſe I humbly conceive the Policy and Government of each (tho in other things different) to be more proportionable, and of greater Similitude in many things, then between particular Churches, and thoſe greater, and containing Bodies, Kingdoms, Empires, or the like. Churches thus humbly conſtituted and governed, are moſt conſiſtent with Civil Magiſtracy, of what Form ſoever the Common-wealth ſhall be.

In Confirmation of this Agreement or Similitude, I ſhall take for the moſt part the Conceſſions of the learned of each Perſwaſion. The Inſtances or Particulars are theſe.

§ 2. 1. Families tho contained under the National Government where they are ſinuated, yet are intruſted with a ruling and governing Power compleat and ſufficient each in and for it ſelf; ſo are particular Churches.

1. They are intruſted with a Government each for it ſelf.

It is not ſufficient (ſaith Mr. Perkins) for a Church to have the preaching of the Word, Perk. on Rev. 2.20. but Church-Government. This Church (ſpeaking of Thyatira) is blamed becauſe ſhe did not uſe the Authority God had given her. There is given to the Miniſters of each particular Congregation, according to Epiſcopal Ordination eſtabliſhed by our Law, not only a Power to preach, &c. [Take Authority to preach the Word of God] but they are made Rectors, Governours in thoſe particular Churches, and it's ſaid to them, [Whoſe Sins thou doſt remit, they are remitted; and whoſe Sins thou doſt retain, they are retained] by which Words the Keys of Diſcipline are given them; ſee Bilſon Perpet. Govern. p. 213. By Order of the Church of England (ſaith Biſhop Ʋſher) all Presbyters are charged to adminiſter the Doctrine and Sacraments, Reduct. of Epiſc. p. 2. and the Difcipline of Chriſt as the Lord hath commanded, and as this Realm hath received the ſame. And that they might the better underſtand what the Lord hath commanded therein, the Exhortation of St. Paul to the Elders of the Church of Epheſus is appointed to be read unto them at the time of their Ordination: Take heed to your ſelves, and to all the Flock among whom the Holy Ghoſt hath made you Overſeers, to 〈 in non-Latin alphabet 〉 ſo taken in Mat. 2.6. and Rev. 12.5. and 19.15. Ho. Eccl. Pol. lib. 3. Sect. 1. rule the Congregation of God, which he hath purchaſed with his Blood.

Mr. Hooker tells us that for Preſervation of Chriſtianity there is not any thing more needful than that ſuch as are of the viſible Church have mutual Fellowſhip and Society one with another. In which Conſideration the Catholick Church is divided into anumber of diſtinct Societies, every of which is termed a Church within it ſelf, not an Aſſembly, but a Society, — A Church (as we are now to underſtand it) is a Society, that is, a number of Men belonging to ſome Chriſtian-Fellowſhip, the Place and Limits whereof are certain, having communion in the publick Exerciſe of ſuch Duties as are mentioned, Acts 2.47. As thoſe of the Myſtical Church by their inward Graces differ from all others which are not of the Body, and thoſe that are of the viſible Body of the Church, have the Notes of external Profeſſion. Even ſo theſe ſeveral Societies, or Churches, have Properties belonging to them, as they are publick Chriſtian Societies. And of ſuch Properties, it may not be denied that one of the very chiefeſt is Eccleſiaſtical Policy. We uſe the name of Policy rather than Government, becauſe Church-Policy containeth both Government, and alſo whatſoever beſides belongeth to the ordering of the publick Affairs of the Church of God. In which words he aſſerts not each particular Church to have Government in it ſelf; but this Government as a Property, or Propriety, by which it's diſtinguiſhed from the Myſtical, as alſo the Catholick viſible Church. So that he doth not, as ſome of late, make the Catholick viſible Church the firſt Subject of the Keys; but each particular Society, or Church, ſuppoſing that great Body of Chriſtians to be only and immediately under the Spiritual Government of Chriſt Jeſus.

2. Compleat and ſufficient.

It is not to be underſtood of ſuch a perfection, as may not with much advantage receive help both from the Power of the Magiſtrate, as I have ſhewed before, as alſo from the Counſel and Advice of other Churches: But I mean an eſſential Compleatneſs or Sufficiency, not being deficient in any material requiſite for Government. This that learned Author expreſſeth in thoſe laſt Words: 'We uſe the Word Policy, (ſaith he) rather than Government, becauſe Church-Policy containeth both Government, and alſo whatever beſides belongeth to the ordering of the Affairs of the Church of God. Every particular Church, Againſt Whitgiſt, lib 3, pag. 147. (ſaith Mr. Cartwright) having an Elderſhip, is a Catholick Church of Chriſt, under whom Paſtors, Doctors, and Elders are the miniſterial and immediate Governors. In which Words he intimateth a Compleatneſs in each particular Church for Government and Privileges, as much as if the Catholick viſible Church were Organical, Rutherf. Due Right or Preſbyt. pag. 307. and a governing Church. The Power of Juriſdiction (ſaith one) is as perfect and compleat in one ſingle Congregation, as in a Provincial, as in a National, yea, as in the Catholick viſible Body. All Things are yours, ſaith Paul to a particular Church, 2 Cor. 3. Parker's Polit. lib 3. cap. 13. To this purpoſe Mr. Parker: Sicut non para, &c. As a particular Church is not a maimed or half, but a whole and perfect Body; ſo it is poſſeſſed with the whole and entire Church-Government, and not with a part only.

This Oeconomick and Domeſtick Power is intrinſick and eſſential to a Family,2d Inſtance. 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. Jackson of the Church, cap. 8. § 5. Churches are endued (ſaith Dr. Jackson) with a Judicature immediately derived from Chriſt, and independent upon any Earthly Power, or any Power whatſoever on Earth, whether Spiritual or Temporal. Bilſon of Suprem. p. 171. Biſhop Bilſon expreſſeth it thus: 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 Ʋſe 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) hath the Keys from Chriſt, Peaceable Plea, p. 300. equally independent upon any mortal Man, in Diſcipline as in Doctrine.Due Right of Presbyt cap. 9. § 9. A Power and Right to Diſcipline, ſaith the ſame Author, 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) is ſo much the Right of a Church, Caſ. cen. lib 4. cap. 24. p. 4. 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: Conceſſimus Deo, & hac preſenti Charta confirmavimus, 3 Hen. 3. cap. 1. 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.

A third Particular,3d Inſtance. 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. Diſp de Polit. Eccleſ. p. 5. nullam habeant Authoritatem, &c. They have no Authority but what is derived from particular Churches. So Voetius.

There ſeems to be a great Emphaſis in thoſe Particles of Propriety, Children obey your Parents, 〈 in non-Latin alphabet 〉 ; ſo to Servants:1 pheſ. 6.1. 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, 〈 in non-Latin alphabet 〉 , propriis viris, not only theirs, but their own Husbands. It is ſaid, 1 Tim. 3.4. One that ruleth well his own Houſe, 〈 in non-Latin alphabet 〉 . So of Miniſters, Know them that labour among you, 〈 in non-Latin alphabet 〉 , and are ever you in the Lord, 1 Theſſ. 5.12. and in Heb. 13.17. it is 〈 in non-Latin alphabet 〉 , 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, De judice cont. cap. 16. p. 90. nec debet (ſaith the ſame Author elſewhere) particularis una Eccleſia judiciaria authoritate aliam ſibi non ſubjectam a Catholica abſcindere, quaelibet enim Eccleſia filios ſuos ad conſenſionem in Doctrina publicè ſtabilita cenſuris adigit. Sed fratres Eccleſiarum externarum monet pro officio charitatis, non punit pro imperio poteſtatis. Dr. Field, Of the Church lib 5. as a common Reſolution of Divines, tells us, 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.Jue divinum Regim. p. 230. Every Congregation (ſay our Brethren) hath equal Power one as much as another, according to the trite and known Axiom, Par in parem non habet imperium, An Equal hath no Power over an Equal. Eccleſiae inſtitutae parochiales integrae ſunt, Diſp. de Polit. Eccleſ. p. 3. inter ſe collaterales, & poteſtate Eccleſiaſtica aequales, ſaith Voetius. Which you may Engliſh out of the Engliſh Puritaniſm thus: Particular Churches are in all Matters equal, and are entruſted by Chriſt with the ſame Eccleſiaſtical Power and Authority. Cap. 2. § 3. Jewel, Reynolds, Whitaker, and moſt of our Divines, againſt the Papiſts, are large in their Diſputes for a parity of Churches, and Mr. Parker hath written a whole Chapter de paritate Eccleſiarum. De Polit lib 3. cap. 21. Some make a particular Church to be of larger Extenſion, as a Dioceſs, a Province, &c. but that altereth not the State of the Queſtion.

A DIGRESSION.

1. Of Independentiſm, Name and Thing. 2. Its conſiſtency with the Kings Supremacy.

THis State of a particular Church, namely, their equality in reſpect of Juriſdiction or coercive Power one over another, was wont to be expreſſed by INDEPENDENCY, which though now it be a term of Raproach, yet formerly made uſe of by good Authors, as very fit and ſignificant, to ſet forth this Priviledge of each particular Church compleat and intire: namely, their not Dependency or Subjection, to the Juriſdiction of another Church, as their Head and Superior.

Dr. Jackson in his learned Treatiſe of the Church, Cap. 15. Cap. 119. uſeth this term frequently, Unity (ſaith he in one place) of Diſcipline, or of INDEPENDENT Judicature, is eſſential and neceſſary to the Church, as viſible. Hence there be as many diſtinct viſible Churches, as there be INDEPENDENT Judicatures Eccleſiaſtick. Dr. Sibbs thus, Goſpel-anointings, pag. 94. Particular viſible Churches are now God's Tabernacle. The Church of the Jews was a National Church, but now God hath erected particular Tabernacles. Every particular Church under one Paſtor is the Church of God, a ſeveral Church INDEPENDENT. The Church of England (ſaith the ſame Author) is called a particular Church from other Nations, becauſe it is under a Government Civil, which is not dependent on any other Foreign Prince. Each Church, ſaith Voctius, Deſp. Cau. Pap. lib. 3. § 3. c. 4. as it hath its proper Form of an Eccleſiaſtical Body or Society, ſo its endued with its proper Government and Juriſdiction; which it exerciſeth DEPENDENTLY upon Chriſt, his Word and Spirit, but INDEPENDENTLY in reſpect of all other Churches. Mr. Bates, One Company of Men aſſembled,Treatiſe printed Anno 1613. hath no Authority to impoſe things upon many Churches. 1. None now have Apoſtolick Authority. 2. Each Congregation is a Body INDEPENDENT of any Eccleſiaſtical Power. There is no Ordinance of God for this, (ſaith Mr. Banes) that Churches within a circuit ſhould be tyed to a certain Head-Church for Government, pag. 8. and pag. 13. We affirm that no ſuch Head-Church was ordained either vertually, or actually, but that all Churches were ſingle Congregations, equal, INDEPENDENT each of other in regard of Subjection. Every true Church (ſaith one) now is an INDEPENDENT Congregation, A Collection of ſundry matters, Anno 1601. and in another place, The Congregational Body Politick ſpiritually INDEPENDENT, is Chriſt's Divine Ordinance in the Goſpel. One ordinary Congregation of Chriſtians, is a ſpiritual Body Politick INDEPENDENT. That is, it hath the Right and Power of ſpiritual Adminiſtration and Government in it ſelf,Confeſſion of Faith, p. Anno 1601. and over it ſelf, by the common and free conſent of the People, INDEPENDENTLY and immediately under Chriſt.

This was the Opinion generally of N. Conformiſts, as is obſerved by one of themſelves in the Name of the reſt, as alſo by B. Downam, Sermon at Lambeth, p. 5. They (that is the N. C.) ſay, that every Pariſh by Right, hath ſufficient Authority within it ſelf, immediately derived from Chriſt, for the Government of it ſelf in all Cauſes Eccleſiaſtical. To the Pariſhional Presbytery conſiſting of their Pariſh-Biſhop and his Elders, they do aſcribe that ſufficient, immediate, and independent Authority for Eccleſiaſtical Government for every proper viſible Church.

That Independency of Churches was aſſerted (by thoſe learned men of a former Age) in relation only to a ſuperior Church-power properly ſpiritual, and ſuch as is claimed jure divino; and not in relation to that Eccleſiaſtical Power which is in, or exerciſed from, the Civil Magiſtrate. Some of them have thus deſcribed a particular Church; It's a Body Politick ſpiritually independent, or independent in relation to a ſpiritual Superiority: which is expreſſed fully, by him that wrote Church-Government with the Peoples conſent, pag. 115. Though we affirm the Church-Government is independent, and immediately derived from Chriſt; yet we affirm alſo, that the Civil Magiſtrate is even therein (that is, in Eccleſiaſtical Matters) Supreme Governor civilly. And though nothing may be impoſed on the Chriſtian Churches againſt their Will, by any ſpiritual Authority (for ſo only we intend) yet we affirm withall, that the Civil Magiſtrate may impoſe on them ſpiritual Matters, by Civil Power, yea, whether they like or diſlike, if it be good in his Eyes, that is, if he judge it within his Commiſſion from God.

And ſuch an Independency hath been pleaded for alſo, and argued by them to be much more conſiſtent with His Majeſties Supremacy, than a DEPENDENCY or Subordination of Churches, to any ſpiritual Power. And it was their profeſſed Judgments, That no External Power ought to be exerciſed in ſpiritual Matters, any where (within that ſpace betwixt a particular Congregation inſtituted by Chriſt, and the Catholick Viſible Church) by any perſon but the Civil Magiſtrate, or by his Appointment.

Take their own Words. They that make claim Jure Divino, of Power and Juriſdiction to meddle with other Churches, than that one Congregation of which they are Members, do uſurp upon the Supremacy of the Civil Magiſtrate, who alone hath, and ought to have a power of Juriſdiction over the ſeveral Congregations in his Dominions, &c. A Proteſtation of the King's Supremacy made and publiſhed in Anno 1605. §. 27. and in §. 28. The King himſelf is to be General Overſeer of all the Churches within his Dominions, and ought o employ under him, fit perſons to overſee the Churches in their ſeveral Diviſions, viſiting them, and puniſhing whatſoever is amiſs in any of them.

Mr. Bradſhew in the Ʋnreaſonableneſs of Separation, againſt Johnſon, writes thus: It's their principal Honour (ſpeaking of Archbiſhops and Biſhops) to be Commiſſioners and Viſitors in Cauſes Eccleſiaſtical under the King, over the Paſtors and Churches of Provinces and Dioceſſes. In his Anſwer to Johnſon's firſt Reaſon: And in his Anſwer to his ſecond. He queſtions him thus: 1. Whether the Supreme Magiſtrate hath not Power to overſee and govern all the ſeveral Churches within his Dominion, yea, whether he be not bound ſo to do. 2. Whether for his further help and aſſiſtance herein, he may not make choice of grave, learned, and reverent men, to aſſiſt him in the ſame Government. 3 Whether by vertue of his Power theſe perſons thus called, to aſſiſt the Supreme Magiſtrate, may not lawfully try the Gifts of Miniſters within his Dominions, convent them before them, examine how they have behaved themſelves in their places, and puniſh the blame-worthy.

In a Petition alſo to King James for Tolleration, That your Highneſs would afford us, and aſſign to us ſome perſons qualified with Wiſdom, Learning and Vertue, to be under your Highneſs our Overſeers, for our more peaceable orderly and dutiful carriage of our ſelves, both in our worſhiping God, and in all other our Affairs, at your pleaſure. To whom with all Readineſs and Subjection we are willing to be accomptable and anſwerable, always.

The opinions of learned men about Church Matters (Government eſpecially) were collected together, in a Treatiſe which was put into Latin by Dr. Ames, and in an Epiſtle of his prefixed, avouched by him (who was a man much ſtudied in thoſe Controverſies) to be the Judgment of Cartwright, Fenner, Fulk, Whitaker, Rainolds, Perkins, Brightman, and thoſe that were more Ancient: As Wichliff, Tyndal, Rogers, Bradford, Gilby, Fox, Moore, Dearing, Noel, Greenham, Dogmata iſta, &c. Theſe Tenents (ſaith he) were either their Principles, or ſo conjunct with them, as not to be denied, theirs. Chriſt Jeſus (ſaith the Author) hath not ſubjected any Church or Congregation of his to any other Superior Eccleſiaſtical Juriſdiction, than unto that which is within it ſelf — the Civil Magiſtrate alone upon Earth, hath power to puniſh a whole Church or Congregation, Cap. 2. §. 3. and more fully in §. 12. They hold and believe (ſaith he) that the Equality in Eccleſiaſtical Juriſdiction and Authority, of Churches and Church Miniſters, is no more derogatory and repugnant to the State and Glory of a Monarch, than the parity or equality of School-maſters of ſeveral Schools, or Maſters of ſeveral Families. Yea, they hold the clean contrary, that Inequality of Churches and Church Officers in Eccleſiaſtical Jurisdiction and Authority, was that principally that advanced Antichriſt unto his Throne, and brought the Kings and Princes of the Earth unto ſuch vaſſalage under him. And that the Civil Authority, and Glory of Secular Princes and States, hath ever decayed and withered, the more that Eccleſiaſtical Officers of the Church, have been advanced and ſet up in Authority beyond the limits and confines, that Chriſt in his Word hath preſcribed unto them. And in Cap. 6. §. 6. They are ſaid to deny a principal part of the Kings Supremacy, that hold any Jurisdiction or Offices over Churches jure divino, 〈…〉 will and pleaſure of the King and Civil States of the 〈◊〉 .

And from what is ſaid, cap. 5. §. 12. It is 〈◊〉 that this way is as little prejudicial to the Subjects 〈…〉 expreſly there ſaid, If any Member of a Congregation 〈…〉 crime, ſhall of himſelf forſake Communion with the Church, that then the Eccleſiaſtical Officers, have no authority, or juriſdiction over him, but only the Civil Magiſtrate, Parents, or Maſters, &c. So that as perſons are free (otherwiſe than from conſcience of duty) to joyn with theſe Aſſemblies, ſo alſo to leave them, remaining always under the Magiſtrates Eccleſiaſticul power and care.

I have made this Digreſſion, not only for the matters ſake, which is very ſutable to our preſent Subject, but alſo to vindicate the Congregational way. 1. That it is not ſuch a Novelty as is pretended. This of the equality of Churches, and thence an Independency (from which we are reproachfully ſurnamed) ſeems to be the worſt of our Tenents: Yet it appears to be no other, but what the reverend and learned of a former age have aſſerted. Nor do I know any other of their opinions or practices, but may as eaſily be remonſtrated, to be the aſſertions of thoſe holy men. Nor ſecondly, inconſiſtent with civil Magiſtracy, or with their Power in Eccleſiaſtical Affairs. And as a further Teſtimony hereof, they take the Oaths both of Allegeance and Supremacy. Profeſſedly aſſent alſo to All the Articles of Religion which concern only the Confeſſion of the true Chriſtian Faith, and the Doctrin of the Sacraments, compriſed in a Book entituled, Articles whereupon it was agreed by the Arch-biſhops and Biſhops of both Provinces, and the whole Clergy in the Convocation Anno 1562. for the avoiding of diverſity of Opinions, and for the eſtabliſhing of conſent touching true Religion, as is required by Stat. 13 Eliz. cap. 12. And do humbly hope, living peaceably under his Majeſties Government, they ſhall obtain their ſhare in that Indulgence his Majeſty graciouſly purpoſed to ſhew to ſuch perſons, as through want of full ſatisfaction, differ in ſmaller matters from the preſent Eſtabliſhment.

A fourth Particular, which ariſeth from the former, 4 Inſtance. is this. Families being not ſubordinate one to another, they cannot aſſociate or unite into any large or great Body; and therefore do, and may more conveniently retain their Government (though it be peculiar and diſtinct) in any Common-wealth, of what form ſoever, without prejudice to the Peace and Welfare of it. So is it with Churches, their State and Government (as it is appointed by Chriſt) is ſuch, as is conſiſtent with, and no prejudice unto any civil Powers under whom they are ſituated. And that upon this account principally: Having no Dependency in Reſpect of Power or Juriſdiction one on another, they cannot in their own Sphere enlarge themſelves by Subordinations, to a political Body of any ſuch Extenſion and Greatneſs, as may render their Obedience or Compliance more doubtful or uncertain. It is matter of Jealouſie with Princes and States, when there is in their Dominions a Body, large and extenſive, firmly joyned and compact in it ſelf, of an intereſt peculiar and not holding of them. Particular Churches are of a ſmall compaſs, ſometimes comprehended in One, ordinarily but of a few Families. So that in this reſpect, though their Intereſt and Government be peculiar, they may retain it, and for ſubſtance the ſame (as Families do) throughout the World. Which will further appear in the following Conſiderations.

1. It is granted on all hands, That the Lord hath limited his Church to a Government which is perpetual, and for ſubſtance to be the ſame in all places. As alſo that the Nations, from their Civil Government variouſly, and as they judge moſt prudent.

2. Since the Wall of partition by Chriſts Death was broken down: The Goſpel and Chriſtian Churches were by Chriſts commiſſion to be planted in all parts of the World. It ſtands therefore with common reaſon, that the Church Government Chriſt hath left us, is of that Nature, as without any ſubſtantial Alteration may comply with, and not be prejudicial to, any Civil Government.

3. If particular Churches by Union become one body, for extention as large as the Civil State, There will hardly be a due and peaceable accord, and each enjoy its priviledge and Liberties without prejudice to the other; unleſs theſe two great bodies be moulded and formed one with reſpect unto the other. The policy therefore of the Nation and the National Church of the Jewes, were both reſpectively formed by the Lord himſelf.

4. Hence this opinion of States-men, that there is no form of Church Government left by Chriſt, or his Apoſtles; but to be moulded by the wiſdom and diſcretion of Chriſtian Magiſtrates, as may beſt ſute and joynt in with the Civil Government. And of others the contrary, The Commonwealth (ſaith one) muſt be made to agree with the Church, and the Government, thereof with her Government: for as the Houſe is before the Hangings, therefore the Hangings which came after, muſt be framed to the Houſe which was before: ſo the Church being before there was any Commonwealth, and the Commonwealth coming after, muſt be faſhioned and made ſuitable to the Church: We need none of theſe extteams. The middle way is this, Let not the Churches claim to be National or Provincial Jure divino, but leave ſuch diſpoſements to the civil Magiſtrate, and be numbred with thoſe leſſer Societies, Families, Cities, Colledges, &c. For theſe do retain in themſelves much the ſame form of Government and Freedom therein throughout the World.

5. It is not ſo much a different Form of Government: For in each Republick there are contained leſſer Societies of all Forms; but their Extention and Potency in numerouſneſs of Perſons, by which they are made up. Nor from this Principallity, but the nature of their Ʋnion and Incorporation begets the Jealouſies. If particular Churches become Dioceſan, Provincial, or National by Union from the Law, or Direction of the Civil Magiſtrate, for the better exerciſe of that Eccleſiaſtical Juriſdiction, the Lord hath intruſted him with, and conveniency of ſuch perſons as he ſhall appoint to inſpect the Churches; in ſuch a caſe the Greatneſs of Churches cannot be diſturbent to the Civil Government, being ſo directly under its cognizance. Holy Common-wealth, R. B. p. 2. 220. The Common-wealth (ſaith one) containeth all the people in a whole Nation or more, united in one Soveraign, but particular Churches (diſtinct from the univerſal united in Chriſt) have no general Eccleſiaſtical Officers, in whom a Nation muſt Unite as one Church. How then become they to be termed a National Church? Anſ. As ſeveral Corporations in one Kingdom, or as ſo many Schools that have a peculiar form of Government, but ſuch only as is under (and united in) the Magiſtrates Government in its kind. If this ſhould be claimed as the Law or Priviledge of each Family, that the Governors, be it the Father, or Husband, or Maſter, are thereby inveſted by Nature with the ſame Power, in reſpect to all Families in a Nation; and by ſeveral Correſpondencies and Subordinations raiſe, and Ʋnite themſelves at laſt into a general Aſſembly or Repreſentative. And by Vertue of that Enconomical Authority give Laws to the whole Nation, though not as their Subjects; yet to the ſame perſons under another notion, that is, as Wives, Children, Servants. There is no well Governed State could entertain ſuch a ſpreading intereſt as this, without great doubtfulneſs, leſt their Authority and Supremacy, ſhould hereby be much Ecclipſed.

6. But a particular Church conſiſting only of a few perſons in it ſelf, and independent on others; is neceſſitated to depend, under God, upon the Magiſtrate for protection. Which if they ſhould not obtain, but be oppoſed and perſecuted; yet have no ability to reſiſt, being as a Family ſingle and alone, not able to defend it ſelf or moleſt others. Nor if they were able, is it lawful for a Church to compel by the Sword, more than the Magiſtrate may by the Keyes, 2 Chron. 26. Matth. 16.19. with 24, 25. or what is peculiar to the ſacred Function. Ʋzza erred in the latter, and Peter in the former. The primitive rule and practice was this, being perſecuted in one City to fly into another, and pray that their flight may not be in the Winter. Matth. 10.23.24.20. No nor do we judg that theſe ſpiritual weapons (the Keyes or Cenſures) may lawfully by a Church, or any Eccleſiaſtical Aſſembly be threatned, or drawn forth againſt a whole Nation, and the chief Governors thereof, to urge or compel, eſpecially in State concernment (as the Pope and ſome others have done) though it be truly in ordine ad ſpiritualia.

The fifth Inſtance or particular is this.The 5. Inſtance. A Family of all Corporations or Societies, is the loweſt ſpecies or kind, it's Conſociatio ſimplex & prima, and hath the leaſt of pomp or ſtate in the Government of it. Cottages are built low, Palaces with many ſtories one above another. Thoſe great and extenſive Bodies Empires and Kingdoms, repreſent in their Government more adequatly the myſtical Church, in reſpect to Jeſus Chriſt who is their King and Lawgiver, whoſe Kingdom is with Power and Glory, a Power that is truly Imperial and Princely, having Officers under him (his Kingdom reaching to the utmoſt ends of the Earth) who in his name command reward, and puniſh. But Particular Churches as Governed by his Miniſters, have their porportion rather with the meaneſt and loweſt Societies of men.

The Scripture ſeems to point at more than a ſimilitude and likeneſs betwixt a Family and Church, in the managing of affairs; I mean in the general, and what is it not determined by expreſs Inſtitution. Paul ſpeaking to Timothy about Church affairs, mentioneth their expertneſs in Governing a Family, as a good preparative or qualification for Church adminiſtrations. And this is not only Negatively, 1 Tim. 3.5. if a man know not how to rule his own houſe, how ſhall he take care over the Church of God. But affirmatively, Theſe things I writ, that thou mayeſt know how thou oughteſt to behave thy ſelf in the houſe of God, which is the Church of the living God, The ſence is full in thoſe words,verſ. 15. the Church of the living God, yet it is added the houſe of God, purpoſed as it were to carry the Eye back to what was written, ver. 5. which ſheweth that there is a great affinity betwixt our Houſes and the Houſhold of God. In a Fathers Governing his Children (ſaith one) there is a lively reſemblance of ſuch Duties of Government, which he is to diſpence towards the Church. There is nothing enjoyned, the Miniſter as a Father of Children, which belongeth not to him as he is a ſpiritual Father of the Children of God.

On the other hand, it may be obſerved, this queſtion being amongſt the Apoſtles, Matth. 18.1: who or which of us ſhall be the greateſt in the Kingdom of Heaven? upon ſuppoſition (the Church being termed a Kingdom) there would be places of State, and higher dignity in it, as are in the Kingdoms of the World. Chriſt Anſwers: There ſhall be no ſuch thing, no primacy in one Apoſtle over another, no, the greateſt of you ſhall be the leaſt, and the firſt ſhall be the laſt, Though a Jurisdiction and power truly Imperial, abſolute, and equal to any of the Kings of the Gentiles, belongs to me, and I exerciſe it in thoſe ſpiritual adminiſtrations, yet no ſuch dignity may be aſſumed by you, 〈 in non-Latin alphabet 〉 . Luke 22.25.

1. When the Scripture ſpeaks of a particular Church under the notion of a Family or Houſhold, Government or Ruling is mentioned as that wherein the ſimilitude or proportion is moſt perſpicuous and clear, as hath been ſhewed: But ſpeaking here of a Church under this expreſſion, a Kingdom, how purpoſely are we cautioned againſt an imitation in Rule and Authority?

2. We may further obſerve that Ambition after greatneſs in thoſe that manage theſe great things, Hoſ. 8.12: 1 Pet. 1.4. is an infirmity almoſt unavoidable. For if 1. Such perſons, the holieſt men on the earth, they who had forſaken all to follow Chriſt. 2. And theſe ſo often relapſe into this folly after they had been reduced from it by Chriſt. 3. And at ſuch times, immediatly after Chriſt had minded them of his Death, Matth. 20.19, 20. Luke 22.21, 24. & 19. with 24. and that one of them ſhould betray him, when alſo they had newly been at the Communion with him: What great cauſe is there that every man be very jealous of his own heart?

3. It is not unevident alſo from the Diſciples often Diſputes about their greatneſs; that moſt of our controverſies and contentions about Church-Government, if traced home, will be found to ariſe from hence, namely: The having our Eye fixed ſo much upon the lofty ſtate of a Kingdom as our pattern in ſuch managements, rather than that familiar and humble way of a Family. For indeed this was the only breach and conteſt that we read of, amongſt thoſe holy Men, the Diſciples of Chriſt.

4. And where ſuch differences are, a Reconcilement will be found more difficult, becauſe where the mind is bent on worldly greatneſs, we are very dull and ſlow in underſtanding whatſoever ſhall be ſpoken (though from Chriſt himſelf) that ſeems to croſs thoſe thoughts; as appears alſo in that ſtory, Mark 9.32.

A Parent or Maſter would not eaſily have been tempted into ſuch an Error, or make this queſtion, who or which of us ſhall be the greateſt? that is, have a paternal power over other Parents and their Families, &c. And had the Diſciples looked upon Miniſterial power under ſo low and humble a notion as what is Economical, James and John would never have thought it congruous, that they ſhould have an Apoſtolical power over the other Apoſtles, Hoc Papatum fefellit, &c. (ſaith Cartw.) This deceived the Papacy, which governs throughout after the form of worldly Plurimorum conſenſu Eccleſia. à repub. formam illam magna parte mutuata eſt Eileſac. Empires. The Pope he is as the Emperor himſelf, the Cardinals as his Deligates or Repreſentative, the Arch-Biſhops as the Governors of Provinces, &c. Hence John calls the Church of Rome, the Image of the Beaſt, the Vizard of the Roman Empire.

For further confirmation of this fifth particular or Inſtance, let it be conſidered, how ſeldom and ſparingly a particular Church in the N. T. is termed a Kingdom. Although 1. Its Government be derived as a Branch of Chriſts Kingly Office. 2. Church Ordinances are the moſt effectual means by which he exerciſeth his ſpiritual Soveraignty in each mans ſoul. 3. His Myſtical Kingdom on earth, thus by parcels, comes to be wholly under an external ſpiritual regiment, and 4. His Church when National was managed in the Glory and State of a Kingdom. Yet notwithſtanding all theſe leading occaſions, how ſparingly, and not without ſpecial Caution is a particular Church thus termed? Whereas not only the Society, but the Government, Officers, Ordinances, Cenſures, and other Church matters, are univerſally and frequently delivered unto us by Chriſt and his Apoſtles, in terms apt to mind us of this low and humble policy. To give ſome Inſtances thereof.

1. A particular Church or the Society it ſelf, is repreſented unto us as the Houſe of the living God, 1 Tim. 3. His Houſhold, Matth. 24, 45. over which he hath ſet Rulers (therefore to be underſtood of a particular Church, for the univerſal is immediately under the rule of Chriſt.) A Brotherhood, 1 Pet. 2.17. and the Members of it Brethren and Siſters (as the Paſtors Fathers) 2 Cor. 7.15. Jam. 2.15. 1 Tim. 5.2. and it is given as a title of Dignity, 1 Cor. 5.11. Epheſ. 4.21. Rom. 16.1, 23. 1 Pet. 5.12. yea to the Poor as well as to the Rich, and to thoſe of low as high degree, Jam. 1.9.

2. Church Ordinances as 1. Col. 3.16. By teaching and admoniſhing the Word is ſaid to dwell amongſt them in all Wiſdom 〈 in non-Latin alphabet 〉 compared with Matth. 24.45. The faithful and wiſe Ruler of Chriſts Houſhold is to give them meat in due ſeaſon. It is a deſcription of a Paſtors duty, who is hereby admoniſhed to feed with knowledge, and to be much in it, that the Family may be richly and plentifully, and not ſparingly, niggardly fed. The Word dwelling, is the Houſhold Bread or Food, which by the Stewards or Miniſters is to be rightly divided, 2 Tim. 2.15. and reſpectively diſpenſed as milk to the Babes in the Family, and ſtrong meat to others, Heb. 5.13, 14. 1 Cor. 3.2. 2. The Sacrament an Ordinance peculiar to this Society, it's repreſented unto us as the Supper of the Lord, a Spiritual repaſt of Bread and Wine. It came in the place of a Family Ordinance the Paſſover, and ſo termed: Churches being now become Gods Family, and the Lords Supper their Feaſt, 1 Cor 5.8. but moſt to our purpoſe, are ſuch expreſſions as ſet forth the Governours and Diſcipline appointed to a particular Church.

3. The Officers are as the Stewards and Servants in this Houſhold, and ſo termed not in relation to Chriſt only, who is the Lord, but to the Church his Family.1 Cor. 4.5. Rom. 16.1. Chriſt abates of the over-high expectations of his Diſciples, by telling them that thoſe who are the chiefeſt amongſt them, ought to be even as Servants in the Houſe, that attend at the Table, Luke 22.26, 27. There were thoſe in Corinth raiſed much above their level (whom Paul perſonates in himſelf and Apollo and Cephas) even equal with Chriſt, as having the Fountain of their excellency in themſelves,1 Cor. 1.12, 13. with 4.6. and communicated unto others of their own (as great Princes and Benefactors) like Chriſt:1 Cor. 4.7, &c. this being Lordly and Princely, Paul tells them, they raigned like Kings. ver. 8. To reduce from this exorbitant height to a juſt ballance, Paul ſets down the rate they may value themſelves, 1 Cor. 4.1. Let a man ſo account of us, as of the Miniſters of Chriſt, Stewards of the Myſteries of God.

4. Diſcipline and Cenſures, the Keyes that open and ſhut; this expreſſion hath its reference to a Houſe or City moſt properly. And in the firſt place, particularly the Cenſure of Excommunication, which is as the purging out of the old leaven, 1 Cor. 5.7, 13. this was done by a careful and diligent ſearch into every corner of the houſe.Exod. 12. So the Excommunicate perſon, like Cain, is caſt out of the Family, and droven from the preſence of God. With ſuch a one not to eat, is all one with holding him as a Heathen and Publican. This Cenſure is temed a Rod, 〈 in non-Latin alphabet 〉 , as the Correction of our Children is termed 〈 in non-Latin alphabet 〉 , Eph. 6.9. 2 Cor. 12.14. Diſcipline, ſee Beza. The Apoſtles being Spiritual Parents, threaten the Rod, that is to cenſure in a Diſcipline way, cap. 13. 1. In the mouth of two or three Witneſſes, &c. compared with Matth. 18. And then verſ. 2. If I come again I will not ſpare, which is the ſame with 1 Cor. 4.21. Shall I come with a Rod?

The ſixth Inſtance: The 6 Inſtance. As the Government of a Family is low and humble, ſo it is carried on in the moſt familiar and affectionate way; there is an intimacy, and daily converſe with our Governours. Inſtruction and Correction are much ſweetned from that Fatherly care and Affection, we have experienced in other dealings. It is thus with Churches; though the Power there exerciſed, be ſome way coercive, yet brotherly, and ſubmitted unto with much Reverence, being adminiſtred by thoſe we love, honour, and depend upon,Prop. to the Gen. Aſſem. 1647. as Spiritual Fathers. Eccleſiaſtical Power (ſaith our Brethren of Scotland) is indeed furniſhed with Authority, yet that Authority is rather the Fatherly, than the Kingly Authority.

We have ſaid that neither the cenſures of the Church, nor of civil Magiſtrate, morally work upon us further than we work upon our ſelves. Yet there is this difference, the weapons of the one being carnal, affect the ſenſes, and by them the mind coming in upon it more ſuddenly and ſtrongly. Senſe and Appetite have now a broad, ready, and more direct way to the Soul than Reaſon. But Church-cenſures touch us not, or very little in any Bodily concernment. So that nothing comes in upon us any way, but what we our ſelves are willing to let in. It is a great advantage therefore, and much to our Edification, that the perſons who deal with us in ſuch a way, be firſt let into us, that is, much in our affections and good opinion, and having entertained the perſons, their miniſtration will the eaſier be let in with them, and ſo we come to be taken by Craft, as it were, (as the Apoſtle expreſſeth it) 2 Cor. 16. that is, we are induced by a ſweet and attractive Bait, to take our ſelves. The Perſons therefore that are over us in the Lord, being ſuch as we intimately know, and daily converſe with, ſuch as our ſelves have choſen to be our ſpiritual Fathers, ſuch alſo as we have experienced their goodneſs and tenderneſs in other Goſpel-Adminiſtrations: we more eaſily ſubject to their Rebukes and Cenſures, as coming from the ſame Affection. The Ruling power in a Family, is you know by thoſe that are intimately known, and greatly oblige, as Parents who daily care and provide for us for preſent and to come, and therefore though they correct us, yea, ſometimes in Paſſion, yet we give them reverence, Hebr. 12.9. Cenſures in Churches, or Church-Chaſtiſements, are therefore or ought to be from thoſe that inſtruct and give us our portion in ſpiritual Comforts: the Rulers of Chriſt's Houſhold gives them their meat in due ſeaſon. We exhorted and comforted, Mat. 24.45. 1 Theſſ. 2.11. (ſaith the Apoſtle) and charged every one of them, as a Father doth his Children. Paul can charge them, and with greater Authority, even in their own hearts who have had experience, how in a Fatherly way, he Exhorts, Comforts, and Travels as it were in Birth with them. The Apoſtle urgeth Obedience and Submiſſion upon ſuch a Conſideration, Obey them that have Rule over you, Hebr. 13.7. and ſubmit your ſelves; for they watch for your Souls, as they that muſt give an account. That is, there is an intimate and affectionate relation between them and you, being ſuch, as Faſt, and Pray, and Mourn, and Rejoyce, yea, Eat and Drink with you daily at the ſame Table of the Lord, and are intruſted with the Care of your Souls from the hand of Chriſt.

This cannot be where the Paſtoral or Miniſterial Work is divided, and the Keys of the Church hung apart. Thoſe that inſtruct us not, nay, are Strangers to us, Rule over us; Rebukes and Chaſtiſements in this ſpiritual way, are from thoſe whoſe Faces we never ſaw, or know ſo much as by name. It's true, we may argue thus, They are ſtrangers, expect no favour therefore, or mercy from them, if you offend: this procures Obedience indeed, but it is in a ſervile way. The mind of Chriſt is, that as our Submiſſion to himſelf, ſo to his Miniſters (who even in Cenſures act in his Name) be affectionate, filial, and drawn by the cords of love.

Thus have I gone through with the Inſtances promiſed, with what brevity the nature of the matter would permit. By which it is not intended to parallel theſe Societies in reſpect to the intrinſick Form of Government peculiar to each: (for that, in a Church is from the Inſtitution of Chriſt, rather than the light of Nature) but the more general ſtate and habitude of Eccleſiaſtical Government as Churches ſtand diſpoſed to the Civil Magiſtrate, or one to another, and what the light of Nature and common Reaſon contribute hereunto, being ſo much inſiſted upon. What hath been ſaid, I hope tends to Union and Accommodation. Thoſe that hold any ſpiritual Government Jure Divino, and by the appointment of Jeſus Chriſt, do not deny it to a particular Church: And thoſe that hold none, yet are at a leſſer diſtance from ſuch who claim ſo-little.

CAP. VI.

A ſecond Objection. Of the Juriſdiction over Particular Churches in Synods, Eccleſiaſtical Courts, &c. §. 1. as exerciſed with us. §. 2. and in other places.

Object. 2. THere are Synods, Conſiſtories, Colloquies, and other Eccleſiaſtical Courts, which exerciſe an Authority in ſpiritual matters over Churches: Therefore that of the Magiſtrate before mentioned, is not ſo neceſſary.

Anſw. It is humbly denied, and aſſerted, That theſe greater Aſſemblies, a Synod, Claſſis, Coloquie, and the like, either have no ſuch coactive Juriſdiction, as we mentioned, or are dependent upon the Civil Magiſtrate for it. This we ſhall ſhew, by declaring more fully what Eccleſiaſtical Power is exerciſed by Synods, or ſuch Courts. 1. In this Kingdom. 2. In other Reformed Churches.

The Eccleſiaſtical Courts in this Kingdom are of two ſorts:

1. There are, we know, Spiritual Courts, (ſo termed) ſuch as the Prerogative, the Arches, Court of Faculties, the Archdeacons and Commiſſaries Courts: Theſe claim only from the Civil Powers, as was ſhewed before.Pag. 45, 46. In the Statute of 37 Hen. 8. c. 17. it is declared, That the Archbiſhops, Biſhops, Archdeacons, and other Eccleſiaſtical Perſons, have no manner of Eccleſiaſtical Juriſdiction, but by, from, and under the King's Royal Majeſty. By the Statute alſo of 1 Edw. 6. c. 2. All Courts Eccleſiaſtical within the Realms of England and Ireland, ought to be kept by no other Power or Authority either Foreign or within the Realm, but by the Authority of His moſt Excellent Majeſty. And it was further Enacted, That all their Proceſs ſhall iſſue out under the King's Seal, and His Name and Style, &c. but ſince repealed. Dr. Coſens, in his learned Defence of them, and their Proceedings, aſſerts thus: They are (ſaith he) warranted by the Statute and Canon Law of this Nation; profeſſing alſo, that there were Reaſon enough againſt thoſe Eccleſiaſtical Proceedings,Apol. Part 1. Cap. 1. if they were not claimed from the Crown, but from ſome other Authority immediately, as the Popiſh Clergy did theirs from, by the means and direction of the Pope.

2. Our Convocation or General Synod, which makes Laws and Canons about matters that are more ſpiritual. This is an ancient Court, and hath formerly been in it ſelf of great Authority in Eccleſiaſtical Regulations; it's not ſo now, but dependent upon the Civil Magiſtrate, for whatſoever Juriſdiction or Coercive Power there exerciſed, which will appear in theſe Particulars.

1. There are no Laws or Canons made by the Biſhops, and others of the Clergy in the Convocation,Nihil habet vim legis priuſquam Regius aſſenſus fuerit adhibitus, iis quae Synodus decernanda cenſuerit. Coſins Polit. Ta. 1. a. that oblige under any Penalty, without the Stipulation and Aſſent of the Civil Magiſtrate, be it either in matters of Faith or Diſcipline. The 39 Articles and Canons about them, concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe, profeſs, or ſubſcribe, until they had an Aſſent or Eſtabliſhment by the Civil Powers. Nor can they proceed againſt any Crime, as Hereſie, Apoſtaſie, or groſs Enormity in Doctrine, but what our Laws declare to be ſuch.

And for matters of Diſcipline and Worſhip, it appears by the Letters Patent, Copies whereof are annexed to the Canous publiſhed in Anno 1603, and 1640. That 1. All power to meet, confer, treat, debate, and agree upon any matter for common good, is from ſuch Licence, Power and Authority as is granted to the Archbiſhops, Biſhops, Chancellors, and other Members of the Convocation from His Majeſty of His ſpecial Grace, and by virtue of His Prerogative Royal and Supreme Authority in Eccleſiaſtical Cauſes. And 2. the Synod having treated of, concluded and agreed upon Canons, Orders, &c. To the end and purpoſe by His Majeſty limited and preſcribed unto them, they are to offer and preſent the ſame to His Majeſty in writing: He, upon mature conſideration taken thereupon, may allow, approve,The Licence to the Convoc. in Anno 1640. confirm, and ratifie, or otherwiſe diſallow, anihilate, and make void ſuch, and ſo many of the ſaid Canons, Orders, &c. as he ſhall think fit, requiſite, or convenient. And none of thoſe Canons, &c. ſhall be of any force, effect, or validity in Law, but only ſuch, and ſo many of them, and after ſuch time as His Majeſty by His Letters Patents ſhall approve and confirm the ſame.

The Civil Magiſtrate may ſuſpend for what time he ſhall pleaſe, yea, wholly deprive any Biſhop or Biſhops from their Office and Place in this Synod, who are the chiefeſt Members thereof. He may Commiſſionate alſo by WritCook Inſtit. pag. 4. cap. 74. , what other Perſons He ſhall pleaſe to ſit in Convocation with them. And if occaſion be, He may likewiſe wholly conſtitute another Syond, and nominate each particular Perſon of what Quality and of what Number of His Natives as He ſhall pleaſe, Field, Of the Church. Lib. 5. cap. 53. Princeps poteſt aſſignare, nominare, & authoritatem dare quandocun que & quamdiu ipſi placuerit hujuſmodi indigenis ſubditis quos idoneos cenſuerit, &c. Dr. Coſin de Pol. Tab. 1. a. and give them like Authority in Eccleſiaſtical matters. So was that Synod of the 32. appointed (by Hen. 8. and afterwards by Edw. 6.) to do the work of a Synod, and preſent a Body of Eccleſiaſtical Canons for Confirmation by the Magiſtrate.

3. Theſe Laws, ſaith De Ju. Ec. pag. 9. Dr. Ridley's view. pag. 110. 25 Hen. 8. c. 19. 25 Hen. 8. c. 21. Cook, are termed Regiae Leges Eccleſiſiaſticae, and another ſuch Eccleſiaſtical Laws as now are in force, are called the King's Eccleſiaſtical Laws, for that now all Juriſdiction, whether it be Temporal or Eccleſiaſtical, is the Kings. And if there be any thing difficult or doubtful in theſe Laws, the Interpretation is ultimately to be given in the Civil Judicatures. So Cook's Inſtit. pag. 4. cap. 74. To the King alſo is the laſt Appeal to be made, and Delegates appointed by Him, give final Determination in Controverſies, after adjudged by thoſe Laws and Canons in any, yea, the higheſt of thoſe Eccleſiaſtical Courts. Ʋltima Appellatio ſit ad Principem & non extra Regnum, ſaith Dr. Coſen, and tells us it is a Juriſdiction Coronae Regiae de Jure debita.

4. The King's Majeſty may diſpenſe with any of thoſe Canons or Eccleſiaſtical Laws, indulge the Omiſſion of what is enjoined by them, make void the Crime, and remove the Penalty incurred by breach of them, yea, and give Faculty to do or practiſe otherwiſe, any Synodical Eſtabliſhment or long uſage to the contrary notwithſtanding, in what offends not the Holy Scripture and Laws of God.

5. The King may exempt Perſons and Societies from the Juriſdiction of the Ordinary or Biſhop, or any elſe who are to execute theſe Canons.De Jure Eccleſ. This my Lord Coke aſſerts, and as a Prerogative annexed to the Crown. He gives many Inſtances of ſuch Diſpenſations in ſeveral Kings Reigns, both ancient, and of later times. For doubtleſs what Power He grants, and is exerciſed under Him, may be re-aſſumed by Him. And Priviledge, even whole Pariſhes if he pleaſe, from Epiſcopal or Synodical Juriſdiction, and ſuch Pariſhes are ſaid to be Regiae Majeſtati immediate ſubditae: Mocket, de Eccleſiaſtica Ang. Pol. pag. 294. And many Pariſhes to this day, ſtand thus exempted, by the favour and grant of Princes formerly. The Dutch and French Churches in ſeveral Parts of this Kingdom, by Patent from Edw. 6. were exempted from the then Eſtabliſhment, and exerciſed a Diſcipline, and Forms of Worſhip, according to their own Perſwaſion, our Synod and Eccleſiaſtical Courts having, by vertue of this Exemption, nothing to do with their Miniſters or Churches; which Priviledge hath been confirmed to them by our Kings that Reigned ſince, and are enjoined to this day, His Majeſty that now is, by His Prerogative in Eccleſiaſtical Matters, notwithſtanding the preſent Form of Worſhip and Ceremonies, Graciouſly indulged Tender Conſciences a Forbearance in what they were not ſatisfied, and to practiſe otherwiſe, Declaration of October, 1660.

6. There is no matter or thing appertaining to Religion, or firſt Table-Duties, or ſo intimate and properly ſpiritual, which a Synod or Convocation hath Cogniſance of, and may make Laws and Canons about: But the like things have been eſtabliſhed by the Civil Powers (more than ſometimes for Advice) without it, as will abundantly appear in the many Statutes and Laws of former and later Times, as againſt Swearing, Perjury, Sabbath-breaking, &c. That one inſtance, the Liturgy, and ordering Biſhops, Prieſts and Deacons, the many Rubricks in each of thoſe Books, are ſo many Canons and Eccleſiaſtical Conſtitutions, inſomuch as ſome have termed the Parliaments of England Synods, or Repreſentatives of the Church of England; obſerving alſo, that in the King's Writ, by which a Parliament is called, there is expreſly committed unto them the Conſiderations of what concerneth the Church as the Kingdom of England.

There hath been alſo Injunctions, Declarations, Advertiſements, Proclamations, and the like Edicts publiſhed in Eccleſiaſtical Matters, from time to time by our Princes, without calling or adviſing with a Synod: And Obedience hath been required unto thoſe Precepts, by the Ordinary in each Dioceſs, as well as to the Canons and Eccleſiaſtical Laws made by Synods.

The Dependency therefore of Synods and Convocations upon the Civil Magiſtrate, according to the Conſtitution and Practice here in England, is very great and apparent: For, I. They can make no Canon, or Eccleſiaſtical Law, without the Civil Magiſtrate, but he can and may without them. II.His Majeſties Licence to the Convocation, May 12. 1640. None of their Laws, though ever ſo Ancient, but may be revoked by a Parliament; but the Rubricks, or Eccleſiaſtical Laws eſtabliſhed by it, may not be medled with by the Convocation.

I ſhall conclude with B. Bilſon, who ſeems to ſtate the Nature and Occaſion of Synods, as they are in this Kingdom, very fully, and indeed much as they ought to be whereſoever they are called; his words are theſe:

With us no Synods may aſſemble without the Prince's Warrant,D. Bilſ. Per. Gov. cap. 16. p. 383. as well to meet as to conſult of any matter touching the ſtate of this Realm: And why? They be no Court ſeparate from the Prince, nor ſuperior to the Prince, but ſubjected in all things to the Prince, and appointed by the Laws of God and man, in Truth and Godlineſs, to aſſiſt and direct the Prince when and where they ſhall be called to aſſemble; otherwiſe they have no power of themſelves to make Decrees, when there is a Chriſtian Magiſtrate, neither may they challenge the judicial hearing or ending of Eccleſiaſtical Controverſies without or againſt the Prince's liking.

It appears evidently hereby, that in the Judgment of the Learned Author, Synods, in their Nature and Uſe, are not for Rule and Government, where there is a Chriſtian Magiſtrate; or otherwiſe than as Aſſiſtants only to counſel and adviſe Him.

THe Synods in other Reformed Churches claim a coercive Jurisdiction,Diſcip. of Scot. lib. 2. c. 11. alſo Act. of G. Aſſemb. before the Confeſ. of Faith. Jus divinum regiminis, cap. 3. from an intrinſick right received immediatly from Jeſus Chriſt, as Miniſters of the Goſpel. There being no expreſs Scriptures to uphold this Aſſertion, and the light of Nature and common reaſon being ſuppoſed ſufficient to create a jus divinum. The Authors of this perſwaſion argue thus.

In all Kingdoms and Republicks, if wrong be done by inferior Courts, we may have right by appealing to a Court ſuperior in Authority; there ought therefore to be ſuch an order in Churches, that is, a Claſſis, Synod, &c. That there may be regular Appeals in like Caſes. And further they argue,Jus D. regim. cap. 1. if it be not ſo, when whole Churches or their Conſiſtories tranſgreſs, there is no ordinary Remedy.Aſſembly Diſpute p. 114. The Proviſion Chriſt hath made for Government in his Church will be found defective: For though there be a Remedy for particular perſons; Rutherſ. peaceable Plea, cap. 15. Aſſertion of the Gover. of Scot. by G. Gilleſpie part 2. cap. 4 yet for a Church offending, there is none, if there be not a ſuperior Church or Eccleſiaſtical Power to appeal unto.

Leaving wholly what they pretend from Scriptures: I ſhall examine this only their Reaſoning from common light, it being more ſuitable to our preſent ſubject; and in the general ſay.

1. In the Myſteries of the Goſpel (from which by their own conceſſions, Church-communion and Diſcipline is not to be excluded any more than Preaching or the Sacraments) It is very unſafe to make the dim Eye of Reaſon our Guide. Of what advantage ſuch ſuppoſitions have been, in producing Arminianiſm, Socinianiſm, Platoniſm, &c. but eſpecially of the many groſs Errors and loathſom Superſtitions in Popiſh Worſhip: we cannot be ignorant.

2. An Appeal (as underſtood in this diſpute, and ordinarily by Civilians) is a provocation to a ſuperior Tribunal, upon the error or wrong done by an Inferior. Such an Appeal is not eſſential to Government, unleſs we can ſuppoſe a progreſſus in infinitum: Nor is there a defect in that Government where it cannot be had. Some Societies are 1. So low and little in compaſs, as they need not ſuch Appeals. A Family is a compleat Society or Corporation, though there be not a Superior in the ſame kind, that is, an Economical power to appeal unto; ſo may a Church be, though not a Superior in a ſeries, properly Spiritual or Eccleſiaſtical. 2. Others ſo High. If there be an Error or Wrong done in or by a general Aſſembly or National Synod, (ſuppoſed in the exerciſe of power of greateſt perfection) we have no remedy,Argued by the Commiſſioners of Scotland, Anno 41. p. 1, 2, 9. Alſo their Declaration againſt a Croſs Petition. P. 10. no Superior to appeal unto; therefore they term their Church or General Aſſembly an Independent. If it be ſaid, as it is by ſome, we may appeal from it to an Oecumenical Councel. Anſw. Theſe great Councels have erred, and may, and what then is the Remedy, or further Proviſion? To what Eccleſiaſtical Tribunal Superior can we appeal from them?

To anſwer more particularly: This Reaſoning being grounded upon a Similitude betwixt the Miniſterial Government of Chriſt, and the Political Government of Kingdoms, we ſay there is not Par ratio, and therefore no juſt conſequence. The Diſparity will appear in divers Particulars.

In their Natures, as Civil and Religious Aſſemblies. In this the Difference is ſo great as Councels, Schoolmen, and Caſuiſts, who all grant Appeals in Civil Affairs: yet in Eccleſiaſtical Matters the ordinary uſe of them is ſo conſtantly and generally denied,Videtur axioma communiter acceptum inter probos Religioſos Appellationis vocem audiendam non eſſe, Suar. de virt. Tom. 4. pag. 99. as it is an Axiom, ſaith One, That in Religious Cauſes, the Voice of Appealing is not to be heard or mentioned. 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, That in a voluntary and brotherly Society, Soto de Juſt. lib. 54.6. art. 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 confidered, 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.

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.

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, Licitumeſt (ſaith P. de Aragon) in re grave cuique cauſam ſuam defferre ad ſedem Apoſtolicam; Aragon, in 2.2. q. 69. a. 3. D. Th. 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,Prov. 20.5. as we need much underſtanding to draw it out.

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. Mat. 18.15, 17 or otherwiſe, to withdraw from him. If THY Brother offend thee, let him be unto THEE an Heathen, &c. The Execution of the Cenſure being by each Brother of that Church, it is neceſſary the Examination of the matter be before them. Spiritual Duties are not to be performed upon an implicit Faith. What knowledge, but by remote hereſay, can a Church in the Orchades have of a mans repentance or obſtinacy, the ultimate tryal and cognizance whereof, is taken by a Synod at Edenhurgh. Civil cenſures are for Satisfaction of the whole Nation, and not the Pariſh or Borough only where the crime was committed: but in a Church-cenſure, the particular Aſſembly being only, and no other Congregation, or perſon morally leavened, and charged with the offence, are principally, and in the firſt place concerned, to have ſatisfaction of the repentance and ſubmiſſion of the perſon offending: For by this means only their Lump or Church, becomes again unleavened.

4. The other End (before mentioned) and Ʋſe of Appeals is, that our Judges and their Sentence be cenſured and judged by ſuperior Tribunals. To which proceeding, Ʋnaequa que res per quaſcun que res naſcitur per eaſdem diſſolvitur. the Judges in Civil Judicatures are liable; but there is not the like Subordination in Churches for theſe Reaſons.

1. All the Power and Authority placed in their Inferior Courts, is no other but the influx of the ſupream Civil Powers, to whom we always make our laſt Appeal, and therefore proper to them, to ſuſpend Actings, nay utterly to deſtroy in part or in whole, what Jurisdiction is derived from them, as appears in the Conſtitution of all Kingdoms: But it is not ſo here a particular Church. The Court we are to Appeal from, hath not its Being or Jurisdiction, from a Claſſis or Synod;Eccleſia Parochialis eſt Eccleſia vera eſſentialiter & integraliter abſ que ulla correſpondentia vel Synodo Voet. de Syn. pag. 13. Parker de Polit. Eccleſ. lib. 3. cap. 13. It is an authoritative unchurching of an obſtinate Church we plead for. Ruth. peaceable Plea, cap. 15. p. 223, and p. 222. Excommunication is an authoritative unchurching. theſe rather derive their Power from it, being Repreſentatives only, as our Brethren have formerly written. Particular Churches, they term Eccleſiae primae, and Synods Eccleſiae ortae. Again, if Synods (as they grant) exerciſe over Churches a Power only cumulative, not deſtructive: How can they Excommunicate a Church, ſeeing Excommunication renders a Society as Heathens and Publicans, which is to unchurch them, as Mr. Rutherford rightly affirms.

2. Although whole Churches may be puniſhed for male Adminiſtration by the Civil Magiſtrate, yet may not an Eccleſiaſtical Power meerly ſuch, do the like, for to deſtroy or ſave whole Societies, for the Evil of a major part, or a few perſons, is the prerogative of the Lord himſelf, which he communicates alſo in ſome caſes to Civil Magiſtrates, his Deputies, but in no caſe to Churches; it being an Authority high and Princely, and not at all ſutable to ſuch as have only a Miniſtry, and not a Dominion. Biſhop Davenant tells us, That a Cenſure is not to be drawn on the whole Body of the Church; Brotherly Communion, c. 9. p. 102. for as the Laws forbid to Excommunicate a Society or Corporation, becauſe it may happen, that thoſe that are innocent may be intangled in the cenſure: So Right and Religion forbids to exclude whole Churches from the Communion of the Faithful, becauſe this cannot be done without an injury and contempt to many that be innocent. What ever formerly of this ſame unchurching power in Synods hath been aſſerted, yet ſince upon further debate we are told; this ſame Excommunieating of whole Churches is a thing not known in the Presbyterian Government, and not the Churches, but particular perſons in the Churches are cenſured. Aſſemb. diſputes pag. 180. But how can we ſay ſingle perſons only are to be cenſured, and not the whole Church? Whenas we know the contending parties of what condition ſoever, are both equally liable to the Cenſure of the Judge. Now when matters are brought by Appeal to a ſuperior Court, the Court Appealed from, is a Party; and in this reſpect upon no higher terms than the pars appellans, though a ſingle perſon.

But grant it be ſo, and that the object of a Cenſure from a Synod be only particular members.Excommunicatio ejus que denunciatio poſt appellationem legitimam latam, eſt nulla. Nardus p. 53. col. 2. Then, 1. Churches cannot have ſuch a remedy as in Civil States; for Appeals of this Nature are not to be made to any, but perſons inveſted with ſuch a power, as may ſuſpend, or make void in part, or in whole, the power of that Court by whom the wrong hath been done and Appealed from, as hath been ſhewed.

2. If there be no Power in a Synod, of ſuch a proportion ſuperior to a Church, as to cenſure it by Excommunication or Suſpenſion at leaſt: Then will the Members of this Church, by admitting ſuch Appeals, be neceſſarily under a twofold Jurisdiction not ſubordinate, which tends to the greateſt confuſion imaginable: For if the Synod and the Church in their Light and Apprehenſions vary about the condition of an Offender, one of them may in Conſcience be bound to juſtify whom the other condemns.

3. There is no ſupply of a ſuppoſed Defect, or Addition of what was not before, for if their ſuperior powers Excommunicate particular Members only and not the whole Church: This is nothing more than each particular Church hath power to do. And it is as much an Ordinance of Chriſt, where two or three, that is a leſſer number are gathered together, as where a greater; a Cenſure by the Church at Keneria, is as much a Cenſure, as if by Corinth. If a Quarter Seſſions Execute a man, its as much a Judicial deal, as if judged by the Aſſize, Kings-Bench or Parliament. The reaſon is obvious, its the Law that judges him, not this or that Judicature: So it is the Law and appointment of Chriſt that Excommunicates, not this or that Presbytery, greater or leſs, and this Law is the ſame to all.

We come now to the other part of the Argument, drawn from the light of Nature, If Appeals be not, there will be a defect in Chriſt's Government; Perſons are left without remedy, for wrongs done by whole Churches.

I anſwer with Suarez in the ſame caſe,De virtute Tom. 4. p. 99. Argumentum eſt (ſaith he) ab ſpecie ad genus negativum, defenſio eſt genus & latius patet quam appellatio. Poteſt enim ad ſuperiorem recurrere per ſimplicene quaerelam vel per modum ſupplicationis, &c. quod eſt ſufficens remedium diverſum appellatione & multo magis decens religioſum ſtatum. It is an Argument from the Species to the Genus, there are other ways of defence. We may have recourſe to a Superior by ſimple Complaint, or by way of Supplication; which is a ſufficient remedy, and divers from an Appellation, and much more becoming the ſtate of Religion; thus that Author. More particularly, we therefore Anſwer.

1. There may be a ſufficient defence or remedy, though not by Appeals. 2. There may be Appeals, though not in ſuch a way.

1. For the firſt, this Addreſs or Recurſus to others Superior or equal, is not for the putting forth any Act of Juriſdiction or Compulſion: Such perſons interpoſe by way of Intreaty, Perſwaſion, Pleading the Cauſe of the wronged, Reproving, Threathing, or in ſuch way, as a ſingle Paſtor may deal with any of his people. Thus Paul often, in a difference between Philemon and Oneſimus, Philem. verſ. 10. I beſeech thee for Oneſimus, Phil. 4.2, 3. I beſeech Evodias and Syntiche: It was upon ſome breach in the Church, 1 Cor. 1.10. Now I beſeech you Brethren that there be no Diviſion. This interpoſition of the Apoſtle with the Corinths, was upon the deſire of the Houſe of Cloe ver. 11. There may alſo be more earneſt Pleadings, Hoſ. 2.2. Reaſonings, Rebukes; yea openly, and before others. Gal. 2.11, 14. The Apoſtles were equal in Authority, yet Paul. did not only Reaſon and Plead with Peter, but Rebuke and Reprove him publickly, and before others. And in his dealing with Barnabas, Act. 15.39. Pauls ſpirit did riſe higher, and yet no Power or Juriſdiction exerciſed, or might be by one Apoſtle over another.

If Synods be applyed unto, only for Counſel and advice in differences and difficult caſes, it is a proviſion not to be deſpiſed. Scripture-light in an inſtruction or reproof is cogent, by what hand ſoever adminiſtred, but more eſpecially when in the way of an Ordinance or Appointment of Chriſt. As are Paſtors, and Synods, though intruſted with a Declarative Authority only.

Let it be conſider'd how the greateſt reformation made in the Hearts and Lives of men and women, is ordinarily by the application of the Word of God in the Ordinance of Preaching; which is the Inſtruction, Reproofs, &c. of a ſingle Miniſter, who hath not power to Excommunicate ſuch as deſpiſe his Doctrine. Faith comes by Hearing, 1 Cor. 5. not by Diſcipline. Until they be judged, believers they are without. If this means, or ſuch a Doctrinal Application by a ſingle Miniſter, be ſufficient to make ſuch Reformation upon ſingle perſons, and thoſe that as yet own not Chriſt, or have Conſcience of an Ordinance, why ſhould we not expect the like fruit where many Miniſters are Synodically gathered for the Reformation of whole Churches, (perſons profeſſing to underſtand and reverence ſo ſolemn an Ordinance of Chriſt) though there be no coercive Power intruſted with it, to enforce Submiſſion.

2.Receptum eſt in Gallia ab Eccleſiaſticis poſſe provocari ad ad curias ſupremas Parliamentorum P. Gr. Tholoſ. l. 50. c. 2. §. 36. Ruther. Due Right cap. 6. §. 5. pag. 396. There may be Appeals, though not in the ſame Series, but to a Tribunal extrinſecal, and not meerly Spiritual: as when we appeal to the Civil Magiſtrate, or ſuch as are appointed by him over Eccleſiaſtical matters. For 1. if the King in his Laws, and the Church in their Synodical Canons, command and forbid one and the ſame things, as is aſſerted. And 2. if the perſons commanded ſtand as much in a Civil Relation to their Prince, being Subjects, as they do in a ſpiritual Relation to the Church, as Members. Doubtleſs the Chriſtian Magiſtrate having a Supremacy in Eccleſiaſtical matters as in Civil, and (eſpecially) being aſſiſted by the Councel and Advice of Synods, is a ſufficient and effectual means to reform the miſcarriages of particular Churches, if appealed unto.

The truth is, though Churches were threatned, or ſtruck with the higheſt cenſures (being meerly Spiritual) and from a National Synod the higheſt Throne: Were it not from foreſight, that if ſuch Diſcipline be deſpiſed, the Magiſtrates Sword, by ſome Corporal puniſhment will ſecond it, there would be little fear or dread of thoſe Synodical cenſures. And if ſo, as it is apparent to the moſt in a National or Provincial Church as ordinarily conſtiſtituted, it is no otherwiſe. Common Reaſon will direct us rather to go immediatly by Appeals to the Civil Magiſtrate, or his Delegates, than in ſuch a compaſs, as to drive the cauſe from a Conſiſtory to a Claſſis, from thence to a Provincial Synod, and after that to a National Aſſembly; and when all this is done, there is little to any purpoſe done, if not ſeconded by a ſecular arm. Hence our learned Brethren formerly admitted no other Appeals of this nature, but to the Civil Magiſtrate, as we have fully ſhewed in the former Digreſſion: To which we add what is by that Author further ſaid. If the Brethren or Officers in a Church be perverſe,Cap. 2. and will not hearken to Reaſon, they (that are wronged) are to crave the aſſiſtance of the Civil Magiſtrate, who alone hath Power, and who ought by the Civil Sword and Authority, procure to all Members of the Church, Governors or others, freedom from all manifeſt injuries and wrongs. The manner how the Civil Magiſtrate is to proceed in Church-cauſes, is there alſo deſcribed to us in the words following; Though the Civil Magiſtrate cannot abſolve the Excommunicate perſon, &c. or take away this power from the Church, yet when they or any of them ſhall apparently abuſe the ſame, he is bound by the Law of God, and by virtue of his Office grounded upon the ſame, to puniſh them ſeverely for it, and to force them by Civil Mulcts to rectiſy, &c.

THus I have done with that firſt Conſideration, upon the account whereof the Ʋſefulneſs and Neceſſity of the Civil Magiſtrates Eccleſiaſtical power is affirmed: Which is, in reſpect to the well-being of Churches. There is another conſideration remaining now likewiſe to be proſecuted, ſhewing the like neceſſity of this Power, in reſpect and relation to the well-being of the Commonwealth. The Knowledge and true Worſhip of God, and the means hereof the word of God, is a national gift. He hath given his Law to Jacob — he hath not dealt ſo with other Nations. Pſal. 147. It was true then, for Iſrael had this priviledge as a peculiar; but now it is otherwiſe. And where the Lord is ſo bountiful to a Nation, thus to give the means of Life and Salvation, it is a Depoſitum Governors muſt account for. The whole Nation becomes peaceable, proſperous or otherwiſe, according as the matters of God and his Worſhip, are more or leſs Religiouſly attended by the Governors and People thereof. This Conſideration is urged by Biſhop Davenant to this purpoſe,Daven. de judu cont. ca. 16. p. 91. Regis poteſtas judiciaria ſe extendit ad ea omnia ſancienda quae rem publicam florentem conſervant at que ad ea tollenda, &c. The Kings Legiſlative power extends to the eſtabliſhming of whatſoever may preſerve a Commonwealth in a flouriſhing State, and the taking away of all ſuch things as may prejudice or ruine it. But the Religious Worſhip of God is granted of all, even of the very Heathens; as of concernment to the well-being of the Republick, and the neglect of it to the everſion of it. The careful and orderly management of Religious affairs, being a ſpecial means and way to make the Republick proſperous, the care whereof lieth upon the Magiſtrate: It is neceſſary that he both judge of, 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.

HAving ſatisfied divers Friends that were ſcrupled about the Oath of Supremacy, I was deſired by my Brethren in the Miniſtry, and others, (knowing my unhappy leiſure) to publiſh ſomething this way, wherein accordingly I made entrance, but finding this Oath not ſo much preſſed, and the Subject ſuch as is capable (from me eſpecially) of a various reception, I laid it long aſide, with purpoſe to make no further progreſs; afterwards underſtanding ſome Perſons of Honour judged ſuch a Work to be uſeful and ſeaſonable, it was re-aſſumed.

In the Proſecution hereof, I have ſtated ſomething of Eccleſiaſtical Juriſdiction, as claimed by Churches and Churchmen of each perſwaſion, and how it ſtands in habitude and relation to His Majeſties Supremacy in theſe Affairs. Not with any purpoſe to reflect upon the judgment or practice of others, whom for their Learning and Holineſs I ſhall ever greatly reverence; but that I might the more fully and diſtinctly, lay down what is aſſerted by thoſe of the Congregational way: And upon theſe Conſiderations.

1. It being now a ſeaſon for us, humbly to apply for the Liberty of our Conſciences in the Worſhip and Service of God, upon the encouragement of His Majeſties moſt Gracious Declaration, exhibited on that behalf, wherein we underſtand our ſelves to be fully comprehended. And finding our Way and Principles, repreſented by ſome in Print, (though we fully agree with this, and other Reformed Churches, in all the Articles of Religion, concerning the true Chriſtian Faith and Doctrine of Sacraments, Printed Anno 1658. which is evident by our Confeſſion of Faith) as inconſiſtent with, and deſtructive to the Peace of Civil Government. This, if believed, cannot but be a ſufficient Block in the way of our Liberty; I thought it neceſſary, for the removing all Prejudices in order to the obtaining of our aforeſaid Liberty, to give ſome further account of our Way, and to repreſent more diſtinctly and particularly our Principles; that it may appear, whatſoever hath been ſaid to the contrary, that there is nothing in them, but what is conſiſtent with, and moſt agreeable to the Civil Government; or that ſhould render us in any ſort uncapable of receiving the fruit and benefit of the King's Majeſties Favor and Indulgence promiſed to Tender Conſciences.

2. We find Eccleſiaſtical Power where claimed Jure Divino, Secret. Walſingham's Letters to Critoy. and immediately from the Lord, by their Churches or Officers, hath always been a matter of Jealouſie, as derogating from the King's Supremacy.

I. The Juriſdiction we pretend to (as appears in this Diſcourſe) and avouch as the appointment of Chriſt, is the loweſt for kind, and of narroweſt extention, exerciſed about the concernment only of a particular Congregation; and therefore we may well aſſert with that learned Biſhop,B. Sanderſon of Epiſcopacy, pag. 24. It's very hard to give a ſatisfactory difference betwixt ſuch an Eccleſiaſtical Power, and the Oeconomical (both claiming by Divine Right) why the one ſhould be more injurious to Regal Power than the other. We can further ſay, the Power we claim is no other but ſuch alſo, as hath been always owned by our Laws and Writers of Note, to be immediately from God, and peculiar to his Holy Service, and the Sacred Function of the Miniſtery, with thoſe other Parochial Duties; as to Preach the Word, Adminiſter Sacraments, and the like: The word Sacraments, and the uſe of the Keys, (ſaith B. Bilſon) are things compriſed in the Church, (lie not open with other State-matters) and by God commanded to the Church, Of Supremacy, p. 170. & 227. Againſt Harding, p. 6. c. 9. D. 1, 2. Alſo D. Field of the Church, lib. 5. c. 53. and are ſubject to no mortal Creature, Pope or Prince. We teach not Princes, (ſaith Biſhop Jewel) to offer up Incenſe or Sacrifice as Ʋzziah did, or to preach or adminiſter Sacraments, or to bind or to looſe. Each of theſe Duties are ſuch and ſo ſpiritual, as our Princes openly and in their Laws diſown them, as not depending upon their Adminiſtration, or Authority. In the 37th. Article of the Engliſh Confeſſion, it is thus: We give not to our Princes the Miniſtring either of God's Word, or the Sacrament: And in the Admonition, &c. Kings and Queens of this Realm, Poſſeſſors of the Crown, challenge not Authority and Power of Miniſtery of Divine Offices in the Church.

II. The Power or Juriſdiction exerciſed over theſe particular Aſſemblies, or their Officers, hath its ſtation in a higher Region, and ſuch, as in which all Chriſtian Magiſtrates in the world judge themſelves intereſſed; and that what is done in this kind by any Perſon or Aſſembly, be by a Power derived from them, and ſubordinate to them. So our Law, 27 H. 8. c. 17. The Archbiſhops, Biſhops, Archdeacons, and other Eccleſiaſtical Perſons, have no manner of Eccleſiaſtical Juriſdiction, but by, from, and under the King's Royal Majeſty. And in the Statute of 1 Edw. 6. c. 2. All Courts Eccleſiaſtical within the Realms of England and Ireland, ought to be kept by no other Authority either Foreign, or IN THE REALM, but by the Authority of His moſt Excellent Majeſty. It is evident therefore, that thoſe Superior Powers (of what Form or Denomination ſoever they be) that are over theſe Congregations, have their motions in Caeſar's walk: But the holy and ſpiritual Duties peculiar to particular Congregations, are expreſly remitted to them and their Miniſters, as the things of God, and not of Caeſar.

3. Our ſituation is low, and quite beneath thoſe Orbs, wherein the tranſactions of a National concernment move, and are managed. How Religion and Reformation thrive in a Nation, and is encouraged by the Governors thereof, we have a ſence, and form our thoughts and moſt effectual prayers and endeavors accordingly. We are engaged hereunto as Members of the Catholick Church, and particularly concerned in the welfare of our Native Countrey; otherwiſe our Principles are to keep within our Congregational Precinct, and not to give Laws, or exerciſe Power over others, or to engage our ſelves (unleſs thereunto by Authority called) in more publick Affairs. Nor do we believe (as we have jointly profeſſed) there is Power given by Chriſt to any Synod or Eccleſiaſtical Aſſemblies to Excommunicate, Confeſſion of Faith, pag. 61. Sect. 22. or by their Publick Edicts to threaten Excommunication, or other Church-Cenſures againſt Churches, Magiſtrates, or their People, upon any ſuch account. And therefore we may be freed from the jealouſie of being Troublers or Retarders of others, in the work of Reformation, or publick Settlement. Or were we (or could we be) ſo, in the Reformation not long ſince attempted, otherwiſe than by not joining to further what our Conſciences were not clear in; or in not putting our neck voluntarily into a Yoke we conceived was not Chriſts, and therefore would not be eaſie in the ſervice of Chriſt.

4. We have been blamed more than once for this Surname INDEPENDENT, (though a title not of our own choice) as an inſolent aſſuming.Epiſt. ad Buch. pag. 91. Miror etiam viris piis—&c. (ſaith Spanhemius) Truly I marvel that holy men (ſo I judge them though diſſenting from us) ſhould not themſelves be diſſatisfied with the very title, an Independent Church, which ſeems to me not to ſtand with the modeſty of Chriſtians. The defects of all men through the blindneſs of their minds, ſince the Fall, is ſo great and obvious, as no Perſon or Society can aſſume to it ſelf an INDEPENDENCY in this reſpect, without intollerable Pride, Independency in reſpect of Power only is another thing; Power ſimply and in it ſelf is no Virtue, though Juſtice, Prudence and Fortitude by which it is managed, are. Not to be in Power, is no Sin nor Moral Defect, more than not to be Rich, or in Honour. It is not ſo much the Praiſe, as the Charge of him that receiveth it, the honour and glory of him that can give it; of him only it hath its proportion, and doth not become greater or leſs from any worth or induſtry found in thoſe that receive it, as Moral Virtues do. Power doth not vary in its kind, though the wiſdom and ability to manage it, be greater or leſs in him that hath it: So that Power, whether abſolute or limited, whether dependent or independent, is a moſt inconſiderable thing in its ſelf, to be proud of, or glory in. If (ſaith the Apoſtle) there be any virtue, if there be any praiſe, Phil. 4.8. It is Virtue, not Power, we ſhould be ambitious of, being an excellency in it ſelf; and without it, Power will be but a lifting us up to our own deſtruction. Whatſoever Virtue or Gift is deſirable for the manage of that Power Chriſt hath intruſted us with, we further ſeek after in conſulting other Churches, and endeavour that all matters difficult, and of common concernment, may be proceeded in with joint conſent. We profeſſedly depend upon Synods for Counſel, which comes forth ordinarily from ſuch Aſſemblies, better digeſted, and in a more perfect maturation, their part being to adviſe and give Councel onely; for men will not eaſdy ſpend much time to untie a knot, if there be a knife at hand to out it.

5. The Apoſtle Paul, amongſt other Reflections, met with this, from the falſe Apoſtles, who gave him out in their reckoning, as one that made ſome carnal advantage the ſcope of his Opinions; 2 Cor. 10.2, 3. with this hard meaſure we have met from firſt to laſt, I am therefore willing to leave ſome account in the hand of my Friends (being now aged, and near my period) of thoſe Principles that have long (through grace) kept me and others ſteady in this perſwaſion: Not only in and through theſe late Changes and Diſputings, but divers years before, and when no ſuch Encouragements were, (as are ſurmiſed to be our aim) but the contrary.

The Apoſtle inſerts in the midſt of his Church-Diſputes, a whole Chapter in the praiſe of Charity, and tells us, in ſeeking our own, (for want hereof) we are eaſily provoked, and behave our ſelves unſeemly, 1 Cor. 13. and apt to think and ſurmiſe evil: As for me (to uſe David's words) the Lord hath upheld me in mine integrity. The reflecting thoughts whereof,Pſal. 45.12. have been as the conſolation of God in my Soul, when I lay many days together by the Graves ſide; Providence hath brought me back into a troubleſom world, where with patience and perſeverance, through Chriſt, I ſhall wait until my Courſe be finiſhed, following peace with all men, in the way of holineſs, without which no man ſhall ſee God.

P. NYE.
FINIS.