THe ſubject that I intend to debate at this time, is not, whether Presbyteriall or Independent Government in the Church ſimply of themſelves conſidered, bee moſt warrantable by divine Authority, but how they ſtand with relation to the Lawes of this Kingdome, for that ſhall be the compaſſe of my thoughts at this time; wherein I ſhall not labour to juſtifie the Lawes of this Realm by the ſacred Rule expreſly, for ſurely ſome of them Con … vall to the people of this Nation, ſo as it cannot poſsibly be ruled by any other Law, being Cuſtomes made by themſelves, 〈◊〉 Prince being the Low-giver, many Statut • s, eſpecially in this Diſcourſe mentioned, being declaratory of theſe Cuſtomes, ſworne to by Kings and People; An • thema on them pronounced that ſeeke to alter any of the fundamentall Cuſtomes or Laws, Premunire, high Treaſon by Law. or the moſt are praeter Scripturas, not Contra, they being laudable conſtitutions generally received, yea, allowed by Gods Word implicitè, though not explicitè: ſo that they may be inconſiſtent with the Independent Government in the Church ſo much now contended for, (although we ſhould admit the ſaid juriſdiction warranted by Holy Writ) and yet no blemiſh to the Civill Magiſtracy. Come wee then to the point, What ſay the poſitive Laws, which are the common Law, or Statutes?

The common Law and Statute in this particular, appear in the Act of 1. Elizabeth 1. for that Act is but declaratory of the ancient common Law, as it was reſoved in Cawdries Caſe by all the Judges of England, not of any new Law introductive, The words of that Statute are, That ſuch Juriſdiction eccleſiaſticall, as by any ſpirituall or eccleſiaſticall power hath heretofore been, or may be lawfully exerciſed, for the viſitation The Kings Lawes limit and bound the Eccleſiaſticall juriſdiction. 5. Eliz. 23. Co. Iuriſd. of Courts, 321. of the eccleſiaſticall Eſtate & Perſons, and for Reformation, Order, and Correction of the ſame, and of all manner of Errors, Hereſies, Schiſms, abuſes, Offences, Contempts and Enormities, ſhall for ever be united and annexed to the imperiall Crowne of this Realme: and that her Highneſſe, her heirs and Succeſſours, ſhall have power to nominate Commiſſioners to exerciſe all Juriſdiction ecceſiaſticall in the cauſes before-named &c. So that although the high Commiſſion (grounded upon this Act) be taken away, yet the Juriſdiction ſtill remaineth in the imperiall Crowne, to be diſpenſed in theſe cauſes before named, as the ancient Law of this Land, alſo in all other cauſes Eccleſiaſticall, the King by his Eccleſiaſticall Judges miniſtreth juſtice, wherein if a man be injured in any Court, he may have redreſſe, by Appeale to a higher Juriſdiction, and for default of Juſtice in the Eccleſiaſticall Courts, laſt of all to the King, as ſupreme, in his High Court of Chancery, as appeareth by the Act of 25. H. 8. cap. 19.

See here juſtice ſubordimately miniſtred, and the King or civill Magiſtrate in all Cauſes Eccleſiaſticall ſupreme in point of Juriſdiction.

Now that the Independent Government in the Church takes away allIn civill cauſes as well as others, untill the offendor be caſt out of the Church, and then you may appeale to the civill Magiſtrate, not before; in matters of perſonall injury onely, not in matter of ſcandall.Appeals in matters pertaining to their cog • izance, I ſuppoſe needeth no proofe at all, it is ſo clear: Their very title and name intimates as much, they are Independent, viz. they depend upon no other Court of Juſtice, to give account of their Actions judicially by Appeal or otherwiſe. They ſtand not at Caeſars Judgement-ſeat, that is, the temporall Magiſtracy, they are like the great Potentates of the Earth, accountable to none but God, in caſe injuſtice be found in their judgements; if in their wiſdomes errour appeare (as Humanum eſt errare) you may fill Iuſtification of Independency by Chidley. the skies with complaints bootleſſe. If any ſhall be cenſured in their Judicatories, for prophanation of the Sabboth, by working on that day, tipling in Ale-houſes, or the like, if he be injured, he cannot have juſtice elſewhere, whereas the Eccleſiaſticall and Statute Law in thoſe caſes give Appeale, as appeares by 25. H. 8. before mentioned, 4. Jacob. 5. 3. Caroli 1. In all which caſes, if he be proceeded againſt by Cenſure Eccleſiaſticall, or Temporall, he hath remedy by Appeale, errour, or other legall courſe to right himſelfe if injured.

If in Doctrine or Diſcipline, this Independent Governour with his Aſſiſtants ſhall be hereticall, erroneous, or ſcandalous to the Government, or any particular perſon▪ no remedy, but as it is truly ſaid of the Divine Majeſtie, Confugiendum à Domino i •• to ad Dominū placatum. Whereas by 2. H. 4. 15. 13. Eliz. 12. he is to be cenſured for hereſie by the Biſhop of the Dioceſſe, and to be delivered to the ſecular power to be burned. And if he ſhall maintaine any Doctrine contrary, or repugnant to the Articles of the Church of England, and peniſt therein, he is to be deprived of all his Eccleſiaſticall promotions, and further to be puniſhed by the Eccleſiaſticall Law, as appeares by 13. Eliz. aforeſaid.

If he ſhall preach any Doctrine ſcandalous to the Civil Government, he may be indicted at Common Law, and puniſhed according to the quality of the Crime: In all which caſes, there lyeth remedy by Error, or Appeale.

See now, at one view, how many Lawes are nullified by this ſtrange and unheard of power, I might inſtance untoSee C • vvd • ies caſe, where they are recited. you throughout all matters, of which the Eccleſiaſticall Juriſdiction hath cognizance, Ancient, or Moderne, the ſame miſchiefs follow; no Appeal, no Redreſſe.

Beſides the Common Law and Statutes many and numerous depending upon the Eccleſiaſticall Law, corroborating, ſtrengthening, or aſſiſting, woven and interlaced with them, are all at one blow cut off, and deſtroyed.

Alſo the Common Law Courts (à fortiori, then the High Court of Parliament) have ſupreme Power in moderating the exorbitancies of the Spirituall Juriſdiction, if the Spirituall Courts incroach upon the Common Law, yea upon one another, (as it hath been too familiar of late times eſpecially)See before, he is free in all caſes, ſo long as he continues in the brotherhood. the Kings-Bench, or Common Pleas, by prohibition, have power to curb, and reſtrain them, although the Common Law holdeth no Plea of them.

I need not to give you ſome examples, the Law is ſo plentifull herein: I believe Independency frees from theIf they will not caſt out of their Society a hainou • offender againſt the lawes, what remedy? Power of the Civill Magiſtrate in Matters, Coram non Judice, as the Law ſaith, as well as in Cauſes, within their cognizance.

But peradventure it may be objected, their Power ſhall bee regulated, their Juriſdiction ſhall be knowne, and ifVpon the point they will aſſume all d • ſpenſati • n of juſtice in all caſes to themſelves, and the civill Magiſtracy ſhall be contemptible. they exceed their limits, they ſhall be under Cenſure of the Law.

If this ſhould be admitted, (which how true it may be I know not) yet in cauſes pertaining unto them, it will not be ſo, they will grant no dependency upon the Temporall State in matters Eccleſiaſticall; the Common Law nor Parliament ſhall have nothing to do with their judgements, which ſupreme Power hath been by great Antiquity inveſted both in the Common Law, and in the High Court of Parliament; yea, although in things pertaining to ſpirituall Juriſdiction, and the ground of this, you ſhall ſee preſently.

I will cite you but two Statutes, by which youSee the pr •• mble of the ſaid Act of 21. H. 8. Parliaments have power not onely to diſpenſe, but to abrogate, adnull, amplifie or di … ſh all human • , Eccleſiaſticall, or Temporall lawes, by naturall equity and good reaſon. ſhall perceive that both in Doctrine and Diſcipline in the Church, the ſupreme Power hath reſted in the civill Magiſtrate, and doth ſo continue to this day: the one is 25. H. 8. 21. granting the Parliament power to enact any thing not repugnant to Holy Writ, yea even in matters of Faith, and Doctrine in the Church, alſo note the words of this Act further, viz.

Not minding to ſeeke for any reliefes, ſuc • ours, or Nota. remedies for any wordly things and humane Laws, in any cauſe of neceſsity, but within this Realme, at the hands of your Highneſſe, your Heires, and Succeſſours Kings of this Realme, which have, and ought to have an imperiall Power and Authority in the ſame, and not obliged in any worldly cauſes to any other Superiour.

Where obſerve the largeneſſe of the words, (Humane Lawes) comprizing whatſoever in Doctrine not repugnant to Scripture, or Diſcipline, for the Government of the Church, by the King, and his great Councell, the Parliament, ſhall bee judged expedient; as you may ſee in another branch of this Act immediately fore-going it muſt be intended, (The King) viz. in his politike capacity conj • yned, and united with his HighWhat will become of independent Synods, if no Synod be to be called but by the civill power? Court of Parliament, for ſo are the expreſſe words of that branch, giving the King Power with the Nobles and Subjects, and ſo muſt of neceſſity the ſecond branch be interpreted; the other Act is 25. H. 8. 19. enacting no Conſtitutions Eccleſiaſticall of force, or to be of force, without the royal aſſent;None to be made in fut. without leaue. and that none be executed repugnant to the Lawes of this Realme,

What now becomes of this Independent-Government,Thoſe already made to be peruſed by the Parliament. if it be contrary to the Lawes of this Realme, (as it is manifeſt it is) unleſſe you deſtroy Co. Iuriſd. of Co. tit. Convocation. the Kings Eccleſiaſticall or Temporall, or Civill Lawes, yea the great mulcts added by the Lawes of this Land, by way of aſſiſtance, or corrobation to many ſpirituall offences by fine, and impriſonment, death, &c. ut poena ad paucos, metus ad omnes perveniat; wholly loſt, and taken away by this new frame of Government; for ſure this Independent State will never demand that Power, ſince no Eccleſiaſticall Juriſdiction ever of right enjoyed it: I meane the Power to fine, and impriſon, onely Power of impriſonment granted to Biſhops, and others, having Epiſcopall Juriſdiction, and that of Prieſts only, but ſtill the power of Appeal ſaved by 1. H. 7. 4.

What will alſo become of their power of Excommunication, Major or Minor, unles they crave aid of the Civill Magiſtrate, to have a Writ of Excommunicato Capiendo, who will regard their excommunication, it will be but contemptible without the Lawes of this Realme, to aid and aſſiſt them: Thus you ſee they enervate halfe the Laws of this Kingdome, yea their owne ſtrength, as formerly I have ſhewed you by this Anarchy, as I may term it.

They make their owne power deſpicable, being they ſeeke to abrogate thoſe Lawes which do and muſt ſtrengthen and aſſiſt their Juriſdiction, unleſſe you will ſay they ſhall have that vaſt Power of fine and impriſonment before-mentioned, which ſurely will never be granted unto them; for that were Miſera Servitus, that a mans body ſh • uld rot peradventure with impriſonment, his Salvo Contenemeno mentioned in the Laws of this Land ſo often, deſtroyed; and yet no Habeas Corpus, the precious liberty of the Subject, in courſe of Juſtice, to be obtained, nor any prohibition or legall proceedings, to rectifie theſe enormities: The Turkiſh tyranny were as tolerable.

Thus I hope I have plainely proved the Eccleſiaſticall State muſt in all things be (in Doctrine and Diſcipline) ſubordinate to the Civill Government, as before is ſpecified, or elſe you nullifie and deſtroy the Lawes and Statutes of this Kingdome.

It remainoth now to ſhow you the reaſon why Parliaments of this Land have alwayes exerciſed this ſupreme Power over the Eccleſiaſticall State, one reaſon was, I conceive, becauſe the Civill Law which concerneth much the Eccleſiaſticall Juriſdiction here eſtabliſhed, uſed the ſame power in the time of the Roman Emperours, both before and after they had received the Chriſtian Faith, for the ſpace of three hundred yeares after Chriſt, and the diſtinction of ſpirituall and temporall cauſes in point of Juriſdiction was not then known, but all Power was in the Civill Magiſtrate. But afterwards out of a zeale they had to grace and Se • Ridley in his view, 115, 116, 117. honour the godly, and learned Biſhops of that time, they were pleaſed to ſingle out certaine ſpeciall cauſes, wherein they granted Juriſdiction unto the Biſhops, namely in caſes of Tithes, becauſe they were paid to men of the Church: in cauſes of Matrimony, becauſe Marriages were for the moſt part ſolemnized in the Church; in cauſes Teſtamentary, becauſe Teſtaments were many times made in extremis, when Church-men were preſent, and therefore they were thought the fitteſt perſons to take the probate of ſuch Teſtaments.

Howbeit theſe Biſhops did not proceed in theſe cauſes according to the Canons and Decrees of the Church (for the Canon Law was not then hatched or dreamt of) but according to the Rules of the imperiall Law, as the Civill Magiſtrate did proceeed in other cauſes, neither did the Emperours in giving this Juriſdiction unto them give away their owne ſupreme, and abſolute power to correct, and puniſh the Judges as well as others, if they performed not their ſeverall duties. This then is moſt certain, that the Primitive Juriſdiction in all theſe cauſes was in the civill Magiſtrate, and ſo in right it remaineth at this day: and though it be derived from him, it remaineth in him as a Fountaine: for, every Chriſtian Monarch, as well as the godly Kings of Juda, is Cuſtos utriuſque Tabulae, and conſequently hath power to puniſh, not onely Treaſon, Murder, Theft, and all manner of force and fraud, but alſo Inceſt, Adultery, Perjury, Uſury, Symony, Sorcerie, Idolatry, Blaſphemy; neither are theſe cauſes, in reſpect of their owne quality or nature, to be diſtinguiſhed one from another by the names of Spirituall, or Temporall: For, why is Adultery a ſpirituall cauſe rather then Murder, when they are both offences againſt the ſecond Table? or Idolatry rather then Perjury, being both offences againſt the firſt Table? And truly, they were not ſo called from the nature of the Cauſes, but from the quality of the Perſons, viz. The Clergy being men intended to live ſecundum Spiritum, whom the Prince made his ſubordinate Judge in theſe Cauſes; and this diſtinction of Temporall and Spirituall Cauſes began firſt in the Church ofNota. Rome, where the Clergy having (by this Juriſdiction) got great wealth, their wealth begot pride, their pride ingratitude towards Princes who firſt gave them their Juriſdiction, and then, according to the nature of all ungratefull perſons, they went about to extinguiſh the memory of the benefit; for, whereas their Juriſdiction was firſt derived from Caeſar, in the execution where of they were Caeſars Judges, ſo as both their Courts and Cauſes ought ſtill to have born Caeſars Image and Superſcription, as belonging unto Caeſar, they blotted Cae • ars name out of the Stile of their Courts, and called them Courts Chriſtian, as if the Courts holden by other Magiſtrates, had been b • t Courts of Ethnicks, in compariſon; and the Cauſes which were meerly Civill in their nature, they called Spirituall, or Eccleſiaſticall; ſo as, if the Emperours ſhould againe challenge their Courts and Cauſes, and ſay, Reddite Caeſari qua ſunt Caeſaris, they would all cry out on the other part, and ſay, Date Deo quae ſunt Dei. Our Courts beare the Name and Title of Chriſt, the Superſcription of Caeſar is quite worne out, and not to be found upon them: And this point of their policy is worth the obſerving, That when they found their Juriſdiction in Matrimoniall Cauſes to be moſt ſweet, and gainfull of all other, (for, of Matrimoney they made matter of Money indeed) to the end, that Caeſar might never reſume ſo rich a perquiſite of their Spirituall Juriſdiction, they reduced it into the number of the ſeven Sacraments: After which time it had been Sacriledge, if the Civill Magiſtrate had intermedled with the leaſt matters that had relation to Matrimony, or anie dependency thereupon. Hac ille.

Thus you ſee the power of the Civill Magiſtrate ſupreme over the Eccleſiaſticall State, and ſome grounds and reaſons of it cleered, many other might be given, but I think I have ſaid enough.

Now to draw to concluſion.They exempt not onely the Clergie, but all the brotherhood, not onely in criminall caſes, but in civill alſo, untill be be caſt out of the ſociety or brotherhood Thus you ſee they exceed the Romiſh Church. Indeed (as to me it ſeemeth) this Independent Government in the Church is derived from Note. They will erect ten thouſand Indicatories in England, and as many Doctrines, whereas the Doctrine of the Church of England ought to be one and the ſame, 21 H. 8. 21. 13. Eliz. 12. the Church of Rome, who have alwaies in all ages laid this as the foundation of their pride, where they have prevailed, to exempt the Church and Clergie from ſecular power, attempted in England, even of late times, in the time of King Henry the eighth, by the Clergie here in matters criminall, as appeareth in the legall reports of Keloway, and in the times of other Kings practiſed more ancient, as Henry the third, and others.

Thus briefly liberavi animam meam, let every man uſe his liberty in cenſure, Utere tuo judicio, nihil enim impedio. My wiſh is, that they which ſit in the high places would well weigh the premiſes, and do that which is conſiſtent with this Government, whoſe proceedings we pray may be proſperous; yea we wiſh unto them good luck in the name of the Lord.