Positions concerning the Power of the Christian Magistrate in Church matters.
I. THat all humane actions, Naturall, or Voluntary, even the most mechanick and servile, so they be necessary, and not sinfull, must be done in faith, and are to be referred to the Soveraign end, which is to glorifie God by words and deede, and to obtain the Summum bonum of men, which is the love of God, and union with him.
II. That the principall duty of the Soveraigne visible Power, in regulating the actions of mens society, is not to make new Lawes, but to declare the will of the Grand Legislator, (even God in his Word) for the right governing of that society, according to his divine will; making Lawes agreeable, or not repugnant to it; holding forth to the people for a soveraign Law, that God must be rather obeyed then man.
III. That since the Soveraigne Power hath right to regulate all humane actions, which [Page 3]doe tend to that Soveraigne end, he alone must preside over all Orders, Lawes, Offices, Places, and Persons, which have any reference to the said actions. Else, if two Supreame Magistrates were constituted, sharing betwixt them the Supreame power, the one being over certain actions, they call Ecclesiastical; the other over the Civill; such a State cannot be conceived without a great deal of confusion: Humane actions, of what kinde soever they be, having so neare affinity among themselves, and being included one within another.
IV. That for the most part, the causes of Heresies, and Wars, which have troubled the World, came from the Popes dividing the said actions, vindicating to themselves the regulating of one part of them, leaving the ordering of the other to the Emperour and Kings, and thus erecting Imperium in Imperio; and not only so, but by reason of the great affinity there is betwixt humane actions, reducing almost all of them under his cognizance.
V. That the Reformers have indeed repurged the doctrin [Page 5]from Popery, but still have kept to themselves the Soveraign cognizance of the actions which they call Ecclesiasticall, assuming to themselvs the power of the Keyes, which in truth is restrained to this sentence, That God must be rather obeyed then man; and therefore, when the Magistrate was unwilling to have a hand in the Reformation, or the exercise of the true Religion, as in the primitive times, or in France, they have done well, even without, or against the liking of the Magistrate, to make a body of Congregations, giving it an order, which they [Page 6]call purely Ecclesiasticall. Likewise, they did well to create Elders, who are the Deputies of the people, for otherwise the word could not have been preached, the Sacraments administred, and the soules saved: But where the Soveraigne Magistrate is of the same Religion with the body of the people, these words Ecclesiasticall, Civill, Spiritual, Temporall, Clerck, and Lay, ought to cease, and with them the diversity of legislation and jurisdiction; and under such a Magistrate the Common-wealth is a Christian Visible Church, these words having but an [Page 7]accidentall difference; but yet such as have caused a reall difference. Now such distinction of words, which parts things that should not be divided, ceasing; the originall of all order and power over all actions and things, is seated on the Soveraigne visible power, and doth extend to, and over all kinds of persons, none being exempted, nor any thing excepted, if it be not contrary to Gods commands. In summe, the Supream Magistrate is none other then the Minister of God, for the good and salvation of those that are under government.
VI. These things being so, and the Christian visible Church being an assembly of good & bad, which have need to be governed for their temporall and eternall good, it is manifest, that under other words, it is the same thing with the words of Christian Common-wealths, and that the legislatiō & jurisdiction which the Soveraigne Magistrate hath over it, is extended over all persons and causes, and in all Assemblies, Synods and Classes; for even the conclusions and canons of the ancient Councels had no force which constrained [Page 9]to obedience, but as they were ratified by the seale, or supreame will of the Soveraigne Magistrate, who usually did call, and dissolved them.
VII. Although all power and jurisdiction in all things be annexed to the Soveraigne Magistrate; by that, we doe not meane to diminish any thing of the nature of the Empire, and jurisdiction which the Lord Iesus Christ, even in this world, hath over his Church, whose members he knoweth by name, and which he doth governe by his Word and Spirit.
VIII. But to beleeve, that the body of those that make an externall profession of the true Religion, must be governed by Lawes made by persons distinct in jurisdiction, or legislation from that power which belongeth to the Soveraigne Magistrate, tis a thing which cannot be found in the Scripture, where we doe read that the Church and Kingdome of the Iewes were the same thing, and that in the Synedrium all causes were decided, and all kinds of persons convented.
IX. These things being premised [Page 11]as afore, tis not understood that the government by Presbyteries, Synods, Classes, or even by Bishops must therefore be abolished; but onely that all their jurisdiction is like a branch or rivolet streaming from the fountain of power, residing in the Soveraign Magistrate.
X. Neither is it understood, that the Magistrate ought to give orders, or preach the Word, (although magistracy and ministry be things very consistent) no more then to create Doctrors of physick, or the like, but onely that the power to exercise any profession, [Page 12]or calling externally, is conferred by him, and cannot be done without him.
XI. That the calling of Lay-Elders is not of necessary use in a Country where the Magistrate is of the same Religion with the body of the people, it being more then reasonable, that so much, or more power be granted to the Orthodox Christian Magistrate, then they yeeld to the Elders in France.
XII. Now because some think it unfit, that the ministers, and the causes which they maintaine to be of their cognizance, [Page 13]should in all things be subalterne to the Soveraign Magistrate, the only expedient, if we beleeve them, to make the Church and State to be one Christian Common-wealth under one Soveraigne power, were that the Rulers and Over-seers of the Church, as Ministers and Elders should have also the Common-wealth committed to them, in the manner as the Waldenses, or Albigenses were governed; for it seemeth that such Ministers would be contented that the Church and Commonwealth were one, so that they might have the whole rule, [Page 14]and Government; but rather then to misse a share, they become strong assertors of a distinct jurisdiction, whereof they may appropriate one unto themselves. Sic hisuperiorem, illi parem non ferunt.
A Letter Examining the foregoing Positions.
YOu sent me certaine articles, touching the Ecclesiastical policy: and thereupon are earnest to know my opinion: the which I was long in debate, whether I should deliver or no; questioning, whether the declaring of my sence in this matter be of any weight or moment: but since, by your last, you presse it further upon me, telling me that some persons of wisdome, and gravity, and in authority in the state, are earnest to know my sence and opinion thereon. I have at length given way to your importunity, leaving to your discretion, either the suppressing of [Page 16]this writing, or making of it publike.
The two first articles do lay down for a foundation, that all humane actions ought to be done in faith, and referred to the soveraign end, which is to glorifie God, and to obtaine salvation, and that the duty of the soveraign visible power is to declare unto the people the will of the great Legislator, and that the laws of the said soveraign power ought to be conformable, at least no way repugnant to the Law of God. All this is just and honest, and it were a sinne against piety to contradict it.
The second article saith, that the soveraign Magistrate hath right to regulate all humane actions which are tending to that soveraign end, and that he alone ought to sway and preside over all meanes, Lawes, offices, places and persons appertaining to the said actions: else if there [Page 17]were two supreme Magistrates, one over the actions, they call Ecclesiasticall, and another over the civill, a great deal of confusion would ensue: And that heresies, schismes, and wars did arise, for the most part, from the Popes dividing the said actions, challenging to themselves the regulating of one part of them, leaving the other to the Emperour and Kings; thus setting up Imperium in imperio.
I am of opinion that there cannot be in a well composed State, (and so doth the scripture teach us) more then one soveraign power, and that all persons of what quality and condition soever, are subject to the soveraign Magistrate, and that the Pastors of the Church cannot be excepted or exempted from that subjection: their duty being to exhort and dispose the people to be faithfull and obedient to that power by Gods providence set over them, and chalk [Page 18]them the way by their example. 1. Iosh. all the people (the Levites and the Priests being comprised) speak thus to Ioshua, All that thou commandest us, will we do, and whithersoever thou sendest us, we wil go. 1 King. 1. v. 33. David saith to Bethsheba, Take with you the servants of your Lord. The context shewes that Zadok the high Priest was of the servants of the King. 2. King. 23. v. 4. And the King commanded Helkiah the high Priest, and the Priests of the second order. And there he chideth them for not obeying his command, in repairing of the temple. S. Paul doth appeal to Cesar acknowledging him his Iudge.
Consideration.
NOte that S. Paul appeales to Caesar as to the supreme competent Iudge, not onely in relation to his private person and [Page 19]cause, but the cause of the Gospel, for the question was, whether there was any crime in preaching the Gospel? and the Apostles acknowledge the worst of the Emperours, the supreme power and Iudge. Had Festus not been a competent Iudge in Ecclesiasticall matters, but onely in civill, instead of saying, I am judged for the hope, &c. that is, for the resurrection of the dead, the chief point of Christianity, he would have said, I am not to be judged before thee in these matters.
Letter.
THe same Apostle Rom. 13. enjoyneth that all persons be subject to the higher powers, acknowledging the powers that have the present rule to be given of God, that is, such as by a speciall act of his providence have the soverain power in hand. St. Pet. 1.2. v. 13. [Page 20]Submit your selves to every ordinance of man for the Lords sake, and note, that the Emperour to whom obedience is commanded to be rendred, was a tyrant and a most wicked man: Nebuchadnezzar had subdued Iudea, and lead the Iews captives, yet Ieremiah speakes thus to the remnant of the Iewes not yet transported, Submit your neck under the yoak of the King of Babylon, and serve him.
Consideration.
I Shall take liberty to digresse a little upon that passage of Ieremy, which doth not onely justifie, but command submission to the power, which by Gods providence is set over us, for lo here the Israelits spoiled of their goods and lands, driven from their habitations, and enthraled in grievous bondage, are commanded to pray for the prosperity of their [Page 21]oppressour, and for a quiet government over them, as if their peace had been included in his: for as saith Calvin in the 4. book of his Institut. ch. 20. §. 28. when God hath exalted a new power, he doth declare that it is his pleasure he should have the power and sway. Detuli Nebuchadnesar regnum saith God, 2 Dan. v. 37. God hath given thee kingdomes and power. See Calvin in the quoted place, who is much insisting upon the words of the Apostle. Rom. 13.1. Submit your selves to the superior powers whereby [...] some would not have the unlawfull powers, but onely the lawfull understood, which though it were granted, the text will very well bear this sence, that when God hath exalted some in authority, his will is that his power should be held for a lawfull power: but the word [...] is for the most part taken generally [Page 22]for [...] whether lawfull or usurped.
We read in Steven out of Xenophon, [...], I have power to steal, where none will say, that that power of stealing is a lawfull power: Thus in the 1 to the Colossians, St. Paul saying, That God hath delivered us from the power of darknes, that power being likewise [...] can no more be said to be good and lawfull, then the translation to Christs Kingdome spoken in the following words, be said to be bad or unlawfull: And according to the best sence you can give to [...], as the said Steven well observes, 'tis but [...], or as Cicero defines, Potestas vivendi ut velis, a power to live as you list: Now, if the potestas spoken of by the Apostle, be a priviledge, or power to rule as the Supreame Magistrate listeth, I conceive, that this faculty, or priviledge, is as well, or rather [Page 23]proper to Tyrannicall Governments, (as most of them were in the time of St. Paul) both in the meanes to attaine to the Supreame Magistracie, and in the exercise of it, that is, as well in the adeption, as in the fruition. But Calvin, both in the said place, and most expresly upon the 13 to the Romanes, expounds the Supream Power, that power, which by Gods providence, permission, or approbation is set over men; yea, that power which hath gotten the upper hand by intrusion. These be his words: Hoc verbo videtur Apostolus tollere frivolam hominum curiositatem qui saepe solent inquirere, quo jure adepti fuerint potestatem qui rerum potiuntur; satis autem nobis esse debet quod praesunt, non enim conscenderunt sua ipsi virtute, sed manu dei sunt impositi. By that word, the Apostle seemeth to take off the frivolous curiosity of men, who are wont often [Page 24]to enquire, how, and by what right have those in Supreame Authority come by their Power? It ought to suffice us that they Governe, and that they have not ascended by their owne vertue, but are set over, and appointed by God.
Learned Deodati giveth the same interpretation. All those that attaine to dignity, doe so, either by his manifest will and approbation. Now it is fitting that men should approve and tolerate that which God approves and tolerates; which sence, and words of Deodati; have so much the more weight, for being approved, and in the same words upon the matter transferred, by the Reverend Divines of the Assembly in England, into their Exposition and Comment upon the place. Ordained of God, or ordered, that is, instituted of God among mankind, to rule and govern [Page 25]men in order, as in Gods stead; for God is the author of this order in the World: And all those which attaine unto this dignity, or excellency, doe attaine unto it, either by his manifest will and approbation, when the means are just and lawfull; or else by his secret providence, with permission and toleration, where the means are unlawfull. And it is just and equall, that men should approve and tolerate that which God himselfe approves and tolerates, which cannot by any lawfull meanes appointed by him, decline and avoyd. All therefore, who resist Authority, make war after a sort with God himselfe. But this acception of power in St. Paul, only for a lawfull one, is attended with unavoydable inconveniences, that I may not say absurdities: for first, who shall be judge what power is lawfull? shall all joyntly, or every particular man under a power, be judge whether that power over [Page 26]them is lawfull; which is to seat the Superior Power no where, and to erect a Tribunall within every particular Dominion, distinct from that of the Supreame Magistrate, which shall judge of the right they came by to their Superiority. Secondly, since this lawfulnesse is as well in the adeption, as in the fruition, or the exercise of the Supreame Power, it shall be presently lawfull for Subjects, who are to judge of both, to resist the Supream Magistrate; not onely because he is an Usurper, but also for governing tyrannically, to which government, if we beleeve the new Expositors of St. Pauls meaning, the Apostle forbiddeth to submit, and even to pay tribute; for whereas he commandeth to pay tribute to whom tribute belongeth, when the subject shall judge that submission is not in conscience, and in obedience to Gods Word, due unto [Page 27]such a Magistrate, he must by the same tye of conscience, deny to pay him tribute, and suffer his house rather to be forcibly entred, and his truncks to be broke open, then to pay it with his own hands, lest his will should seeme any way to concurre in the doing of a sinfull thing, as is to pay tribute to whom it doth not belong. But, which is much materiall, it hath been often seen, that Subjects have refused to obey the commands of the Supreame Magistrate, opposing by resistance of Armes the unjust managing of the power; but seldome, or never, so much as questioning the Title of the Supream Power, or Magistrate, but yeelding Fealty, or Homage to him that had possession de facto, though not de jure, which hath beene alwayes practised in England under all the Kings since the Conquest, who, although for the greatest part [Page 28]they had no just title to the Crown; yet to avoyd confusion, and the itching humour of people, questioning the validity of Lawes, and Law-givers, the Law hath alwayes provided, that Allegiance should be given him to whom the Imperiall Crowne of these Realmes shall descend, by which Imperiall Crowne, the Person is not principally meant, but the Realme; no man owing other Allegiance, but such as is yeelded, in, and for the defence of the Realme. This is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction restored to the Crowne, by which Crowne, none will, I thinke, understand the lawfull Heires and Successours of the Crowne, but him, or them that are actually in possession of the Gouernment; or which is all one, by the Crowne is meant the Supreame Judicature of the Kingdom [Page 29]for the time being, where the Crowne is placed, and to which the Jurisdiction belongeth, what ever Title the Supreame Power for the time being may have; for sure, unlawfull possession of a Crowne doth not exempt subjects from the same Allegiance that the most lawfull Soveraigne can challenge; for even I should much doubt, whether Subjects may call any Supremacy of Power unlawfull, or whether a Supreame Governour is not a lawfull Governour; however, possession is the great condition required for the duty of Allegiance, which in expresse termes is said Eliz. 10. & 50. Cap. 1. to be due to Kings and Queenes Possessors of the Crown: But still, the Lawes made by Henry the 4th 5th and 6th were never the lesse valid, and of no lesse force for being made by Kings called pretended. In the [Page 28]Statute Edward 4.10. Cap. 1. where some of their Acts were continued, others repealed, which word repealed would not so much as have been used, had not these statutes been enacted in a lawfull assembly of the three states. And as the validity of the Lawes under the said pretended Kings were never questioned, so neither were the subjects blamed, yea, rather justified, for bearing fealty and allegeance to the said Kings: of which we have a notable example in the eleventh of Henry the seventh cap. 1.1. where in an act, the Parliament declareth, as a thing unreasonable, against Law and Conscience, that the subjects going with their Soveraigne (meaning such as Henry the 4.5.6. and Richard the 3.) for the time being, and attending upon his person, or being in other places by his commands within the Land or without, should in any [Page 29]thing forfeit for doing their true duty and service of allegeance: But the main reason why the people in England have alwayes obeyed him who was in possession de facto was because they were not to oppose the usurper, till he was so lawfully declared: So that, I conceive had the Turk conquered England, though no man can be so much devested of his reason, as not to judge of him as of an usurper by a judgement of discretion; yet there being by Gods providence, who disposeth of Kingdomes as he will, not any judgement of authority left, that can lawfully declare the Turk to be an usurper, I conceive I say, that every Subjects duty is to impose silence to his own judgement, without murmuring, and commune thus with his own heart, that God hath left the Kingdome without recourse, that hee may dispose of it to another; upon [Page 28] [...] [Page 29] [...] [Page 32]Upon all these grounds of Scripture, reason and authority, it being manifest that all powers that have attained to the supreame dignity, are ordained of God, and are to be submitted unto; it followeth undenyably that every souls duty is to engage to be true and faithfull to such a power, and thereupon that their priviledge is to be freed from all other engagements made to other powers; I mean in such things that salva fide are alterable, as to be ruled by this or that Magistrate, and to be under this or that Government; [...] former engagement of that nature, how circumstantially soever expressed, being able to dispence any man from his present duty, or from this command, Let every soul be subiect to the superiour powers which are ordained of God. Besides, that every promise or oath [Page 33]of fealty and homage to a supream power is a sinfull act (and therefore better broken then kept) If some condition be not implyed as included in it, though not expressed; as it may be made evident by the ensuing queries. 1. Whether an English man transporting his estate and family into a remote countrey, and being minded to return no more to England, is not loosed from the ties of the oath of Allegeance. 2. Whether the same man may not tie himself by another oath of fealty and faithfullnesse to the supream Magistrate of that countrey where his abode is, though occasionally, yea consequently this oath proveth repugnant to the oath of Allegeance. 3. Whether a warre being kindled between England and the countrey of his abode, he finding the wrong to be on Englands side, he may not [Page 34]lawfully adhere rather to the later oath, and wage warre against England, in the behalf of those among whom he liveth. 4. Whether in ease the supream Magistrate be expelled, and a new government setled; the same man not being guilty of his expulsion, and remaining still in England, there is not par ratio, and the like freedome and exemption from former oaths made to the expulsed Magistrate, with that exemption when the same man leaving England doth swear Allegeance to another supream Magistrate in forreigne parts, where he purposeth to continue? 5. Whether the same man having continued ten yeares, as for example, in Venetia, afterwards making a journey into England, and finding there a new face of Government, whether he must resume his obligation, and tye, to the oath of allegeance, [Page 35]from which he was loosed, when he was subject to the Venetians? 6. And since a man leaving England, is not onely loosed from the obligation to the Oath of Allegiance, but also, it is free for him to bequeath his Allegiance to what Lord or Soveraign Magistrate he pleaseth; whether it may not be indifferent to him for matter of tye of conscience, either to swear fealty to Governours newly set up in England, or to other Governours in forreign parts, whether they be new to him, or lately come by their Soveraignty? 7. Whether a Tenant holding of a Liege Lord, his obligation of fealty, and of paying a penny rent, do not cease, as to the person, though not to the thing, so long, at least, as the Lord is out of possession; or that I may better english such a querie, whether a freeman doing homage to his [Page 36]Lord of whom he holdeth in chief, or otherwise, swearing to become his man from this day forth for life, member, &c. and to owe him his faith for the Lands he holdeth of him; whether the said oath of homage is not conditionall, viz. so long as his Lord hath possession of the Land held by the Farmer. 8. Whether in those relations that are accidentall, as those between King and Subjects, Master and servant, the promise, as for example, of the servant to be as long as he liveth faithfull and obedient to his Master, doth not imply many conditions, which not continuing, do take away the obligation; such are the Master decaying in his fortunes, and the Servant bettering of his; the Master turning out the Servant, or being taken away from him? 9. Yea whether without violation of faith and bonds, which are between [Page 37]the Master and the Servant, the relation may not change termes, the Master becoming a Servant, and the Servant a Master? 10. Whether the Duke of Normandy did break his Allegeance to Chilperick his heires and successours, when he did homage of his Dukedom to Charles Martel, who expelled the lawful line? 11. Whether in case the Turk should make such a conquest of England, as he hath done of Constantinople, an English man minded to tarry in England is not tied to engage to be true and faithfull to him, and consequently freed from former engagements? 12. Or if the Englishman may wave and suspend his engaging so soon after the conquest, how long time may be allowed to him afore he do it? 13. Suppose, an Englishman had 15 yeares ago foreseen, and foretold by probable and possible conjectures, such a [Page 38]turne of State as ours is, whether it had not been a sinne in him to take, without some condition implyed, the oath of Allegeance? 14. Whether in case the King had (as it was once very doubtfull) clear overcome the Parliament and had (as it is likely he would have done) abolished all future thoughts of Parliaments, and had thereupon made a Proclamation and publick Declaration of his will and pleasure; whether, I say, in that case, he commanding a generall subscription to be true and faithfull to him in the maintenance of his Domination, every Englishman had not been obliged in conscience and obedience to Gods word, to submit unto it, and thereby been loosed from his former tyes and obligations to maintain the priviledges of Parliament, the liberties of the Kingdome, the extirpation of the [Page 39]English Hierarchie, and the like?
These quaeries are of themselves so satisfactory, that they need no answer; for even in all oaths, which are not of Allegiance, contracts, & promises, though they be uttered, or written in absolute terms, there is always some condition implyed, and included, as is the mutuall promise the first day of marriage; and Seneca in his fourth Book de Beneficijs, Chap. 35. giveth many pregnant instances. Tunc fidem fallam, tunc inconstantiae crimen audiam, si cum omnia eadem sint, quae erant promittente me, non praestitero promissum, alioqui quicquid mutatur libertatem facit de integro consulendi & meam fidem liberat. That is, I shall then break my faith, and incurre the crime of inconstancy, if I doe not fulfill my promise; all the things being the very same that they were, when I made the promise. And having made that good [Page 40]by examples, headdeth, omnia debent esse eadem quae fuerint cum promitentes ut promittentis, fidem teneas. That you may keep the faith, every thing must be the same it was when you promised. And in the 39 Chapter, he is very full, and saith, that in all promises, subest tacita exceptio, si potero, si debebo, si haec ita erunt: effice ut idem status sit cum exigitur qui fuit cum promitterem, si aliquid intervenit novi, quid miraris, cum conditio promittentis mutata sit, mutatum esse consilium: eadem mihi omnia praesta, & idem sum. There is a tacite exception, if I can, if I ought to doe it, if the things be thus: make that good that the same state doe continue, when it is demanded, that it was, when I made promise; if some new things come in the interim, why doe you marveil that the resolution is changed, since the condition of him that promised is also [Page 41]changed: see that all be as they were, and I am the same. This very subject, that promises and contracts, are conditionally to be interpreted, though the interpretation is not expressed, is handled by Queene Elizabeth, in a controversie betweene her selfe and the Hollanders, in the clearing of which, She maketh use of this very place of Seneca. The whole passage is worth setting down briefly, being more largely related by learned cambden in his Annals, in the year 1595. The Queen being in a manner weary with the length of the warre that the States of the Low Country had with Spaine, and the greatnesse of the expences, shewed this unto the States by her Ambassador Sir Thomas Bodley, resident in Holland, particularly, that England being exhausted of wealth and military men, She required, not onely ease of the charge of [Page 42]the charge of maintaining Auxiliary Forces, but also that they would repay some part of her expences. They, after some complements, and a demonstration to the Queene, of the great losses they lately sustained, and the heavy burden that lay upon them in prosecuting a warre against so potent an Enemy, desired forbearance, but so, that they promised to pay a part of the money: when the Queen required a greater proportion, they stood stifly upon the Contract in the year 1585. by which, the money was not to be repaid before the warre was finished; and pressed her upon her Honour not to start back from Her Contract: But She, by the advice of her Counsellours of State, replyed, That all Contracts with a Prince, are understood to admit an interpretation of sincere fidelity, and no publick d [...] triment, caused by the Contract: [Page 43]That 'tis no breach when it is done by accident of a new case, concerning which, other provision would have been made, if it had been thought upon: That every Contract, though sworne, is understood if matters continue in the same state; but not, if they be changed: That a man is bound more strongly to the Commonwealth, then to his own promise; and out of the authority of Seneca, that a wise man doth not change his determination, all things continuing which were when he took it.
Letter.
Moses, by the same power by which he plagued Aegypt, was able to take the people out of Aegypt, which yet he never attempted without Pharaohs permission.
Consideration.
FOr although God commanded the Sacrifice, yet since the place was not defined, they could not be exempted from obeying the King.
Letter.
ANd because some might say, that the Christian people was bidden to obey the Emperours meerly out of necessity, and to avoyd persecution, the Apostles words alledged, commanding obedience to the higher Powers for Gods sake, takes away any such thought: And St. Paul bids us to yeeld obedience to the higher Powers, not only for wrath, but also for conscience sake; that is, not only for feare of punishment, but because conscience, and Gods Word, doth bind us thereunto. Jesus Christ himselfe, appearing before Pontius Pilate, to be judged by him, by that, acknowledeth that Pilate had received that Power from God.
Consideration.
WEre it not too much to disgresse from the subject in hand, which is, of the power of the Christian Magistrate in sacred things; this part of the Letter [Page 45]strongly asserting out of the words of the Apostle, Rom. 13. That obedience and submission is due to that Magistrate which by Gods providence hath got the Supremacie, would lead me to a further consideration of it; but having but now taken liberty to digresse upon the same, I shall onely observe upon this part of the Letter, that Jesus Christ did not except against the power that Pilate tooke to judge him; but rather said, that that power was given him from God. Thus in the fourth of the Acts Peter and John doe not except against the validity of the Court over them, but freely acknowledge their Judges: We are examined (say they) of the good deed done in the impotent man. The state of the controversie was, whether it was lawfull to heal any one in the name of Jesus? Peter, in the name of the Apostles, proved it was lawfull, because Jesus was an [Page 46]Head over the Church, and was author of Salvation, which they further strengthened by proofes, from his Resurrection, and antecedent Oracles; and when they were forbidden to preach any more in the name of Jesus, they replied, Judge yee whether it be right in the sight of God, to hearken unto you more then unto God. Intimating, that even the power of judging, whether Jesus was the Messias, did belong unto them.
Letter.
Of the Power of Kings over the lives and calling of the High Priest, we have a cleare example in the 1 Book of the Kings, Chap. 2. Vers. 26. where Salomon saith to Abiathar, Thou art worthy of death, but I will not at this time put thee to death; only was contented to thrust him out from being Priest unto the Lord, and confined him to his house at Anatoth; and oft-times the Roman Emperors, [Page 47]and the Christian Kings, have punished Bishops and Pastors with banishments, stripes, yea, with death. The Emperour Constantius did remove Liberius Bishop of Rome from the function of his Episcopacy, and banished him to Berea.
Consideration.
THis example, and many more he addeth, are sufficient to evince, that the Magistrate hath power to exauctorate, or degrade; and thereupon to put another in the place. He that hath power to expell a Bishop from his Dominion, hath also power to thrust him out of his Sea, which is within the Dominion; and if the Election was not an Act of the Soveraign Power, either by his concession, or delegation to others, the Minister, or Bishop could not be put out, but by the power that invested him. Any Act, which may contribute towards the securitie, [Page 48]peace and weal of the state, is of the cognizance of the supream power of that State, and the Jus sacrum was comprised under Jus publicum; for the definition of Jus, is the knowledge of Divine and humane things.
Letter.
IN the dayes of Valentinian, Damasus and Ursicinus, being competitors of the sea of Rome, the sedition being grown to that height, as that there was found 137 dead bodies in a Basilisk, but the commotion was appeased by the authority of the Emperour, who expelled Ursicinus, and setled Damasus.
In the yeare of our Lord 420. there arose a great strife between Bonifacius and Eulalius, competitors for the sea of Rome, by the clashing of the Suffrages of the people of Rome, to whom at that time belonged the power and right of election. But the authority of Honorius [Page 49] intervening, he thrust out Eulalius, and preferred Bonifacius, and withall made this Law, that if it falls out, that against right, and by the rashnesse of the contending parties, two are made Bishops, we will not suffer that either of them be Bishops: this Law is found in the Decree of Gratian. Distinct. 79. Canon, si duo forte.
Consideration.
THough the election of Pastors should naturally belong to other Pastors, or Christian people, as naturally every one chuseth a Tutour to his sonne; a Patient, what Physician he liketh best; a Merchant, his Factor; yet no doubt but the Soveraign power may exercise such actions that have no definitive bounds and rules prescribed by the dictates of nature; thus in many places, the Soveraigne power will provide [Page 50]Tutors for Pupills, publick Schoolmasters for youth; Physicians for Townes and Cities: Besides, the Factions, Schismes, and Heresies, may so rend the State, that if the supream power hath not a chief regulating hand in the election of Pastors calling, or convocation of Synods, it will never be able to settle the peace and security of the State upon a right Basis: The Canons about elections have no life nor validity, but what they receive from the supream power; much lesse the elections, which are regulated according to the canons and decrees.
Letter.
IN the yeare of our Lord, 451. The Emperour Theodosius the II. (whose piety and goodnesse is generally commended) expelled Nestorius Patriarch of Constantinople, and banished him.
In the yeare 498. a great strife happened about the election of a Bishop of Rome, betwixt Symmachus and Laurentius; the King Theodorick taking notice of the strife, and hearing that Symmachus had been first named, preferred him before Laurentius: but soon after Symmachus being accused of many crimes, he appointed Peter, Bishop of Altin to iudge of the accusations, and look to the disorders of Rome.
In the year 525. King Theodorick sent Iohn Bishop of Rome Ambassadour to Iustine the Emperour; but this Iohn behaving himselfe contrary to his instructions, Theodorick put him to death in prison. Gregory the I. Bishop of Rome, who wrote about the yeare of our Lord 595. writing to Maurice the Emperour, calls himself unworthy servant, and subject to his commands, yea dust and ashes in his [Page 52]presence and a worme.
In the yeare 654. Constant the Emperour, put Martin the Bishop of Rome in chaines, and banished him to Chersonesus, where he died. Under Pepin, Charles the Great, and Lewis le Debonaire, the power of the Romane Pontife grew by the liberality of those Kings; yea, since them have they been often ill intreated, punished, degraded and deposed by the Emperours of Germany, and the Kings of Italy; and the Histories of Germany, France and England are full of examples of Emperours and Kings, who have dealt roughly with the Bishops, putting them out of their sea, &c. There is no doubt made, when the King Clouis was a heathen, but that he had an absolute power over all French, both Lay and Ecclesiasticall, and, that retained still the a Christian, he being afterwards same power, else [Page 53]he had been a loser by his change, and suffered a diminution of authority in his Empire: Under the first line of our Kings, Councells were assembled by their command, and the Bishop of Rome never intermedled, and had neither Nuncioes nor Legats in France.
Consideration.
THat the Supream power even of contrary Religion, challenged power as well over Eclesiasticall persons as causes, and were acknowledged competent Iudges; we may see by the appeal of Saint Paul who appealed to Cesar, I stand (saith he) at the Judiciall seat of Cesar; there I must be indged; and when Saint Peter (not declining the Iudgement of the Councell) said, Act. 4. Whether we ought rather to obey God or man, Judge yee? And the great controversie about the Temples of Jerusalem and Garizin, [Page 54]between the Iewes and the Samaritanes, was decided by Ptolomeus King of Egypt, and which was most materiall by the Law of Moses; and his judgement was right, pronouncing to which of them the Temple and Priesthood did belong.
Letter.
GRegory of Tours, who wrote about the yeare of our Lord 585. the historie of France, in the 18 chap. of the 5 book, speaks thus to the King Chilperick, If any of us, O King, go besides the path of righteousnesse, thou mayest redresse him; but if thou dost transgresse, who shall be able to correct thee, we speak to thee, and thou hearest us, but if thou wilt not, who shall have the power to condemne thee, but he that is Iustice it selfe. At that time the Bishop of Rouen named Praetextat was in great reputation; [Page 55]yet was this Bishop being accused to have adhered to Meroue, who rebelled against Chilperick, clapt into prison by the Kings command, and sore beaten, and banished to Garnsey.
Consideration.
ALL this is sufficient to prove that the Soveraigne power of the State, hath alwayes challenged power over Ecclesiasticall persons: by that which follows, it will be as clear, that they challenge likewise the cognizance and ordering of Ecclesiasticall causes and actions.
Letter.
THE Greek Emperours, have called all the oeconomick Councells, not expecting the consent of the Bishop of Rome, and often against his consent, as the first Councell of Constantinople, and of Chalcedone. Yea, in matters of Religion, and Ecclesiasticall policy, one [Page 56]cannot deny but that the Soveraign power of the State hath made orders. David made twenty foure ranks of Priests; Salomon had the chief oversight of the building of the Temple, and bringing in all the vessels. We see in the Code of Iustinian, great number of Lawes concerning, not only, the policy of the Church, but also the purity of the doctrine; as be the titles, de summa Trinitate & fide Catholica; de Episcopis & Clericis; & ne sanctum Baptisma iteretur. By which Lawes it appeareth, that the Emperours had power to punish the Bishops, namely by the 123 Authentick chap. 1. the Emperour speaketh thus, Si quis autem extra memoratam observationem Episcopus ordinetur; jubemus hunc Episcopatu depelli. Yea, he there addeth pecuniary Fines.
Consideration.
AS by these Lawes in the code of Justinian, it appeareth, that the Emperours had power to punish the Bishops, as the Letter saith; so doe they much more clearely assert the right and power which the Supreame Magistrate hath, not only over all causes, they call Ecclesiasticall, but to make Lawes and Constitutions, of the same nature as the causes be.
Letter.
A Great part of the Capitularies of Charles the great, and of Lewis le Debonnaire, are Laws Ecclesiasticall, like those we read in the Councels of those dayes. The Councell of Meyns, held in the yeare 813. begins thus: Carolo Augusto verae religionis Rectori & Defensori Sanctae Ecclesiae: And the second Councell of Meyns speaks thus to Lewis le Debonnaire at the opening of it: Domino & Serenissimo [Page 58]& Christianissimo Regi Ludovico verae religionis strenuissimo Rectori & Defensori Sanctae Ecclesiae. I doubt not but these Emperours made those Lawes by the counsell of the Bishops and Prelats within their Dominions; But they were willing to have them currant under the name of their Imperiall Lawes, and the stamp of their Authority; for the Soveraign Magistrate is the servant of God, appointed by God, to see the Law of God observed amongst men, and the pure worship of his name set up.
Consideration.
THe Soveraigne Power is constituted by God, to the end that men might live godly, justly, soberly, and peaceably. A Heathen could say, that in a Common-wealth, the first care must be Religion, the [...], Arist. And there is good reason [Page 59]that the Soveraign Magistrate should seeke after that, which he is in the first place to ask for, which is the Kingdome of Heaven, being the basis of humane society; so saith Cicero, Religio est humanae societatis fundamentum. But that the duty of the Supream Power is equally to order the religion, and the civill government, St. Austin doth plainely set it downe in the third Book against Cresconius Grammaticus. In hoc Reges sicut eis divinitus praecipitur Deo serviunt, in quantum Reges sunt, si in regno suo bona jubeant, mala prohibeant, non solum quae pertinent ad humanam societatem, verum etiam quae ad divinam religionem. In that Kings, as they are injoyned by God, doe serve God as they are Kings, if within their Kingdom they command good things, and forbid evill things, not onely in things belonging [Page 60]to humane society, but also to divine religion.
Letter.
ANd I doe not believe, that in England there is any Minister of the Word of God found, who doth not acknowledge a subjection to the Sovereign Magistrate, but is rather exceeding joyfull that the holy Ordinances are setled by publick authority; and therefore, there is no feare that any of them should goe about to perswade that there must be an Ecclesiasticall Common-wealth, differing from the civill, and one Common-wealth within another: 'Tis all the fault we finde with the Pope, and his Clergy, that they have made Imperium in Imperio, and that the Clergy by his Lawes cannot be convented before the Royall Judges: for they have Courts of Judicature, and Prisons severed from the civill; they have their appeales to the Roman [Page 61]Court, and are freed from taxes and impositions.
Consideration.
THat power which the Ministers doe challenge, in censuring, and punishing of offenders, suspending from the communion, or excommunicating, as inherent and intrinsecall to the Ministers of the word, and not being a branch depending of the jurisdiction of the Soveraign Christian Magistrate; that power, I say, thus challenged, is as much, as to constitute one Common-wealth within another.
Letter.
FOr I doe not thinke, that Bishops, or Ministers, ought to render themselves Judges in any cause, civill, or capitall, to punish the offenders, by imprisonment, taxes, or bodily penalties. Jesus Christ never authorized them so to doe, for he would not so much as accept of [Page 62]being an arbiter in sharing of an Inheritance.
For these reasons, I doe not believe that those, in whose hands God hath now entrusted the Soveraign Power in England, shall have any ground of fearing that the Ministers, so long as they discharge their calling, making use of that authority that Jesus Christ hath given them, have any intention to intrench upon the Power and Authority of the Soveraign Magistrate. But, because the third Article, attributing to the Supream Magistrate a right to order all humane actions tending to the Soveraign end, which is the glory of God, and the salvation of souls, might seem to draw this consequence, that the soveraign Magistrate is judg of all actions about Ministry, and the Preaching of the Word; therefore, the article addeth a prudent cautition, viz. That we must obey the Soveraign Magistrate, so long as his [Page 63]commands are not repugnant to Gods commands; for if he should command the abjuring of the Christian Religion, or bowing before an Idol, or should introduce another propitiatory sacrifice for sinnes, besides the death of Christ, then such commands were not to be obeyed: Nor doe I say, that therefore the State must be embroiled, and the Magistrate resisted; but, that one is rather to endure martyrdome, or all kind of persecution, then to lose his soule, in giving obedience to such commands. Thus have the three friends of Daniel done, and all the faithfull martyrs. We see in the Apologetick of Tertullian, that in his time, the Christians did fill the greatest part of the Roman Empire, which might have been very empty, had they gone about to flee for persecution into a remote Country. Read St. Austin upon the 124 Psalme. Valentinian the II. was laboured to take away [Page 64]the Temples from the Orthodoxes, and give them to the Arrians; but Ambrosius, Bishop of Milan, withstood him: but how? he tels you himselfe: Dolere potero, potero flere, potero gemere, adversus arma milites Gottos, lachrymae meae arma sunt; talia enim sunt munimenta Sacerdotis, aliter nec debeo, nec possum resistere.
To this exception, I would adde another, that the Magistrate must be obeyed in the actions in which he acts as Magistrate, and for such a one taken: For, if a Soveraign Prince be in a Ship, and a storme happens, I doe beleeve, that the Master Pilot ought rather to follow the rules of his art, than the will of the Prince, who is not versed in navigation. The Magistrate indeed may forbid the mariners to lanch out of the Port, and to saile into Spain, or the Indies; or to import, or export such and such wares; but it doth [Page 65]not belong to him to order how the Ship must be steered, or the sailes hoised up. Thus, a Prince learning to ride, ought, if he meanes to learn, to obey the Master of the horses; yea, as a Saveraign Prince, he hath power over the person, life, and goods of the Master of the horses; yea, I say, that the yielding of the Prince to the Rider, is a kind of a command to the Rider, so to deale with him: I say the same of a Magistrate sick, obeying the prescripts of a Physitian; he doth obey as a man, and not as a Magistrate: whereupon, a question may be moved, whether the Magistrate, being at publique prayers, and partaker of the Sacraments, is there as a Magistrate, or as a Christian.
Consideration.
THis similitude, or relation, betwixt a Prince in a storm, and the Pilot; and betwixt a Prince sick, and a Physitian, is [Page 66]very pertinent to declare, that the power of the Pastor over the Soveraign Magistrate, is of the same nature, and proportionable to that power which the Physitian hath over the Soveraign Prince being sick; or that of a skilfull Pilot in a storme over him, who may be his King, but unskilfull in the art of navigation. This power, is rather a friendly counsell, though exercised, and uttered in a commanding way, specially, in the mouth of a Minister, who, in the name of God, may command a Soveraigne Prince to redeem his sins by a speedy repentance; for in effect, 'tis but declaring unto him what be the commands of God for the good of his soule. Thus, a Physitian following the rules of his art, and his long experience, may charge a King his patient, as he tenders his owne health, which he must not obstinately [Page 67]cast away, to refraine from such and such meates, and doubtless, that King would grievously sinne against God, who, rejecting the counsell of the Physition, and wilfully obeying his owne lust, and appetite, should thereby fall into a relapse. It might happen, in a storme, or shipwrack, that the Pilot should use a kinde of compulsion and violence towards his Soveraign, pulling him (as it were) out of danger, and forcing him to hearken to the meanes of his preservation: for which, he ought not to be blamed.
Letter.
I Think also, that we should make a distinction between a Magistrate that is faithfull and orthodox, and one that is an Ethnick, or an Heretick: for under a heathen Magistrate, I doe not see how it can belong to any but the Pastors of the Church; to manage the Church: for [Page 68]shall a heathen Magistrate, and persecutor, be a judge of the articles of the Christian faith, or make use of suspension, or excommunication? Whence it followeth, that the state of the Church may subsist, although the power of the Keyes, and the governing of the Church, be not in the Magistrate: If the heathen Magistrate should forbid the Pastors upon paine of death, to hold councels, or Ecclesiasticall assemblies, or to preach the Gospel; or if there be such an urgent necessity of calling a Councell, to stop the current of a pestilentiall heresie, or to degrade some Pastors that disturbe the peace of the Church, or that have crept in forcibly, may the Pastors be condemned, if they doe privately convene themselves contrary to the will of the Magistrate?
Consideration.
THis is one of the strongest arguments that can be alledged, [Page 69]for the power of the Keys, and Ecclesiasticall Courts, and Jurisdiction, different, and independent from the civill Magistrate, because there hath beene sometimes Church-government, calling of Synods, and exercise of Jurisdiction, against the will of the soveraigne Power, and not complicate with the civill Power. But, in mine opinion, it hath no strength all: for first, I lay down this for a ground, that the Magistrate, whether Orthodox, or not, doth retaine still the same supream power over all persons, and causes, of what kind soever. Secondly, that in all persons, and actions of men, under the soveraigne Power, this grand rule must be first observed, that God must rather be obeyed then man. Thirdly, that many actions, of all kinds, naturall, or voluntary, even meetings, assemblies, and orders, obliging some [Page 70]men, or society, may be done without the cognizance of the soveraigne Magistrate: For first; If heathenisme, or heresie, could devest a man of the power he hath over all persons, and causes, by that, unjust lawes should be no lawes; a diseased man, by the same reason, should cease to be a man; and a wicked Emperour, as Heliogabalus, should not have beene ranked among the Emperors, nor acknowledged for the supreame Judge of the Land, because a bad one: I confesse, that a Heathen, or hereticall Soveraigne, cannot but judge amisse of persons, and causes, either out of ignorance, or malice; but ignorance of what is right, doth not devest him of his right, neither doth a wicked managing of his owne right, hinder it to be a right still: Depraved actions in nature, continue to be actions still. An Orthodox Soveraign [Page 71]Magistrate, falling into heathenisme, or heresie, as Julian the Apostate, loseth no part of his supreame power, he that over all causes, and persons; no more doth the Soveraigne Magistrate get any addition, or extent of power, if from heresie, or heathenisme, he is converted to the Christian Religion. 'Tis the duty of a Magistrate, to defend and propagate Christian Religion: It is the Fathers duty to provide for his children; the part of the Supreame Judge, to administer justice impartially, though any, or all of them, may faile in the discharge of their duty: The King being a persecutor of the christian people, instead of being their nursing Father; the Father leaving his children to the wide world; and the Judge taking bribes, and being prepossessed with prejudices: If mens sins should exempt [Page 72]exempt them from their duty, a wicked mans duty should be never to be converted: None will say, 'tis not the duty of a Governor of a strong hold, to defend it, although he lets in the enemy without resistance: That 'tis not the office of a Magistrate to look to the safety of the high wayes, because he either neglects that care, or conniveth at such as doe commit robbery. For the second ground: Suppose that the Soveraigne Power doth not impose any Law; or rather, suppose his Lawes are unjust, shall a man under such a power, live lawlesse? or shall not rather such a man, being a Christian, be tied to be a Law unto himselfe; or rather, to make the word of God a Law to his conscience: Sure, such a man must not expect the commands of the Soveraign Power to abstain from stealing, or fornication, which [Page 73]may be, are authorised by Law, but must avoid these, not for wrath, that is, not for fear of punishment, but for conscience sake, as the Apostle speaketh; thus when Christ commandeth the Ministers to preach, baptise, &c. and the people not to forsake their mutuall Assembly; no doubt but that both the Christian Pastor and people are bound to all Church duties, though they have the Soveraign power opposite, and threatning all kind of punishment to those that exercise them.
If those in authority be wanting to their duty, I have no reason or ground to be deficient in mine. As for the third ground, concerning meetings, assemblies, &c. I say, that they may be such as (though it should be granted on all sides, that the Church and States Jurisdiction were but one) that the very Soveraign power needs not to [Page 74]pretend to have an eye over them; It being a kind of right of nature for Merchants trading in the same commodity to meet; for acquaintance to appoint a Randezvous. A man being a feciable creature, it is no marvell if men are naturally desirous to converse together, without expecting any order for so doing. Were not the Heteries and Meetings of the ancient Christians of the same nature? And upon that account I see not, but the Meetings of congregations of those called Independents are very commendable, and not to be enquired after by the Soveraigne Magistrate, nor by Synods which cannot be proved to be of Divine institution, but have taken their originall from those kinds of naturall and innocent meetings, which when they were about things which were neither plots nor conspiracy to disturb the peace of the [Page 75]State, needed not to be looked after by the Magistrate, except when being converted to the Christian Religion, he became himself a principall member of those meettings; for then, specially when the meetings are not onely in houses, but in publick places, and are tending to have the holy Ordinances set up and published as the main rule of life, and groundwork of humane society, his chief duty was to govern the Empire as Christian, contributing his whole endevour towards the defence, maintenance and encrease of the Christian Religion, Thus Leo Bishop of Rome, Ep. 75. to Leo the Emperour, Debes incunctanter advertere Regiam potestatem tibi non solum ad mundi regimen sed maxime ad Ecclesiae praesidium esse collocatam: Thou oughtest soberly to consider that the Royall power is not onely committed to thee for the [Page 76]Government of the world, but chiefly for the defence of the Church.
Letter.
ALL the difficulty then is concerning the Orthodox Magistrate, and one that is endowed with the true knowledge of God, such as, by the mercies of God, the Magistrate of England is; upon that the fifth Article saith, that the Reformers have indeed purged the Popish Doctrine, but have reserved to themselves the Soveraigne cognizance of the actions they call Ecclesiasticall, challenging the power of the Keyes, which when all is said, is reduced to this sentence, that God must be rather obeyed then men. The Authour of the Articles thinks that the Reforming Pastors in retaining the power of the Keyes, have not obeyed God: he doth indeed acknowledge, that under a Prince of contrary Religion, the Christian people have done well to establish [Page 77]a government, which they call purely Ecclesiasticall, and create Elders who are deputies of the people; but he is of that opinion that where the Magistrate is of the same Religion with the body of the people, there ought not to be any further distinction of Jurisdiction; the Church and State concurring into one Christian common-wealth: To be short, all his discourse is tending to that, viz. that in a State where the Magistrate is Orthodox, the Keyes and power which the Pastors had under Magistrates of contrary Religion, doth no longer belong to them, but doth onely belong to the Soveraigne Magistrate, whose power is over all persons and things, and that in all Assemblies, Synods, and Classes, the conclusions have no force, if they be not ratified by the will of the Supreme Magistrate by whom they usually are assembled.
Consideration.
VVHat he saith from the Author of the articles, that where the Supream Magistrate becomes Orthodox, the power of the Keyes doth no longer belong to the Ministers, ought to be understood with some explication; for the power of the Keyes is still, and ought to be the same whether the Magistrate be orthodox or no; there is not in the Ministers any addition of that power under the heathen Magistrate, nor any substraction of it under a Christian: suppose that the Christian Magistrate and Orthodox should turn Apostate, I do not conceive that it follows thereupon, that the power which the Christian Magistrate hath over the Church, is through his Apostacy devolved unto the Ministers; for that Legislation or Iurisdiction practised in Christian [Page 79]Congregations, Synods, or Assemblies under the heathen Magistrate, is no more then a harmony of minds, affections, and actions to holy ordinances and orders; by which Christians may worship God more purely, and walk more closely with him, which ordinances are either Gods word, or such as encrease the power of piety; and as they are published by common consent as the best rule to walk by; so are they in the practise of them willingly, and unanimously consented unto, and every member of a Christian society, submitteth himself to the rules, exhortations and censures of that society or Church, not being awed or compelled by any coercive power, which they cannot avoid, if they listed, but led by voluntary submission; to which by promise, and pact, they are in a manner already engaged. Besides, [Page 80]suppose that the Magistrate doth not impose any Lawes to restrain ungodlinesse, or the currant sins in the world; yea, suppose that vices are authorised by Law; doth either Pastors or society of Christians get an increase of power of Jurisdiction and Legslation, if they be a Law unto themselves, and practise the duties of piety, and exhort one another so to do; Plinius the younger, in the 97 Epistle to Trajan, and the tenth book where he speaks of Christians, saith, that one of their crimes was, that they joyned themselves in a covenant, to live unblameably, not to steal, not to commit fornication, not to defraud his neighbour, and the like; I believe that none will from that practise of the Christians, argue that they took upon them more power for so doing, then they durst under a Christian Magistrate, except he were [Page 81]of the mind of some of late in Authority, in England, who disliked and endeavoured to suppresse all godly private meetings, under pretence of Factions. Sure if I mistake it not, it will be found that the Pastors power of the Keyes, had no life to compell the disobedient to Gods ordinances, till they received it from the Soveraigne Magistrate, when he gave his name to Christ, who both more honoured and exalted Gods ordinances, raising them from the dust, and added weight to the heavenly messages, by the mouth of the Ministers, by being a terrour to the evil, and punishing the ungodly. To the power of persuasion and declaration he addeth that of coaction; in which the Pastors have nothing to do. The Bishop, saith Saint Paul, must not be a striker, [...]. And hereupon Chrysostome saith well, [Page 82] If a man is drawn from the faith, the Priest must undertake with patience to exhort him; for he cannot redresse him by force, onely he must strive to perswade him, to bring him to the right Faith. Pastors, saith the same Father, are appointed to preach, [...], not to rule or command with authority.
Letter.
HEre I dare say, that the Reformers of the Doctrine of the Pope, have not retained the Keys that were under Popery. In reforming the Doctrine, they have also reformed the abuses cleaving, to the Keyes which are abominable,; for in the Romish Church, they extend the power of the Keyes, so farre as pardoning sinnes in a judiciall way, saying to the sinner, I absolve thee from thy sinnes. The Priest renders himself Judge, in a cause wherein God is the party offended: By vertue of these Keyes the Pope [Page 83]drawes souls out of Purgatory; he looseth those he never bound, and which are none of his flock: he doth loose under earth, because Jesus Christ hath said, what ever you shall bind on earth: he doth loose and dispence with oaths and vows, and freeth Subjects from the obedience due to their Soveraigne Prince; he separates marriages, exempting also children from the obedience they owe to their Father, and Mother. These holy men of God, who have reformed the Doctrine, have left off those Keyes, and kept those which Jesus Christ hath given to his Disciples, and their successors, I will give thee the Keyes of the Kingdome of heaven; it was also impossible to reform the Doctrine, without reforming the Keyes, since those Keyes are a part of the Doctrine; they have retained to themselves, the power to bind and loose, which Jesus Christ gave to [Page 84]his Disciples, Math. 16. Whatsoever thou shalt bind on earth, &c which power goeth no further then Ecclesiasticall censures, as the Lord Jesus Christ teacheth, in the same place; giving to understand, that by this binding, the rebellious sinner is put among the Publicanes and sinners, who were excluded from the Communion of the Church: Thus we must understand the power of remitting, or reteining sinnes given by Jesus Christ to his Disciples. The faithfull Pastors do remit sinnes when they release men of Ecclesiacall penalties, and receive to the Communion of the Church the repenting sinner who was excluded.
Consideration.
THe Reformers have done as Richard the third, in usurping a power which yet he exercised with moderation, and making of good Lawes; so did Augustus Caesar and some more: Thus [Page 85]the Reformers have reteyned the Keyes, to which they had no more right, then the Pastors of the Romish Church, but have taken away those adjuncts of abuses, and abominations, adhering to the power of the Keyes. In that sence, as Richard the third, may be said to have usurped the Crowne, as well as he, who to usurpation hath added a tyrannicall Government, and making of wicked and unjust Lawes; so may it be said that the Reformers, in reforming the Doctrine, have reteined the power of the Keyes: the Article thus speaking, having no further meaning then to say that the Reformers, in reforming the Doctrine have still challenged to themselves an Ecclesiasticall Iurisdiction, not belonging to the Civil Magistrate; even as the Pastours of the Romish Church have donc; though not the same for qualifications. [Page 86]As for the meaning of the words dic Ecclesiae, tell it unto the Church, it cannot have much strength, what ever interpretation one may give to the words; whether by the word Church we understand a Synagogue, or judicatory, as was that of the Iewes, amongst which there was no difference between Church, and State, or Common-wealth, or a society of faithfull men: and though by the Church Pastours should be understood, I do not see here any Iudiciall sentence binding him that trespasseth against his neighbour, but still he may, if he will, hearken without fear of any coercive power seated in the Ministers; and the words, Let him be to thee a heathen or a publican, have no further meaning then have him for such a one in thy thoughts and estimation: a Publicans office was lawfull, neither yet could he be excluded [Page 87]from the communion, nor from the congregation; the very heathen not being excluded from the latter; for how else could they have been converted?
Letter.
THE Reformers then, in reforming the abuses in the Doctrine, and Keyes, have retained the Keyes, and power to bind, and unbind, committed to them by Jesus Christ: The Author of the Articles acknowledgeth, that the Pastors of the Church have well done, to retain that power under the heathen Emperors, that is, almost for the space of 350 yeares from Christ to Constantine, the first Christian Emperour; since which Emperour, the said Author thinks, that the Bishops and Pastors were to part with that Power; and that the Soveraigne Power of the Keyes, did no longer belong to them, but that they were to desert it, in obedience to God, [Page 88]which yet they have not done; for all the ancient Councels, although convened by the will of the Emperours, are full of penitentiall canons, prescribing the forme, time, and degrees, for publique pennances; in the execution of which canons, the consent of the Emperours, nor of their Lieutenants was never expected.
Consideration.
WE have seen before, that the power of the Ministers is neither increased, nor diminished, whether the Magistrate be Orthodox, or no; and that the power of the keyes, given them by God, hath more lively actings under the Orthodox Magistrate. To that part of the Letter, which saith, that in the execution of the canons, the consent of the Emperours was never expected; I say, that the Emperours themselves understood that their consent [Page 89]was not required in the execution of the canons, which, as they were Acts of his, so might he disannull them, adde to them, or repeale them, by his Soveraign Authority he had over all persons and causes. In the year 815. Charles the great is said to have added something of his owne to the decrees of the Synod held in Theodon Towne; hoc de nostro adijcimus: and for the authority of the supreame Magistrate, in altering, changing, or expunging the decrees of Synods, Bochellus saith, that Charles the Bald, did reject a great part of what was set forth in Synods by the Bishops, in the yeare 856. and, that it was the usuall custome, when ever Synods were assembled, that their decrees were not ratified, till the King in his Privy Councell had approved of them; the said King taking away what he disliked, as it [Page 90]was practised by the Councels of Tours and Cabilon, under Charles the Great, and as P. Pithoeus hath proved fully. And for the Power of the Soveraigne Magistrate, to make his Laws as valid as canons, and as authenticall as Synods decrees, I would goe no further for a witnesse, then what is related by the Agents and Orators of the Councell of Trent, as may be seen amongst the Acts. The most Christian Kings (say they) have made many decrees about sacred things, following the examples of Constantine, Theodosius, Valentinian, Justinian, and other Christian Emperors, and ordained severall Ecclesiastical Lawes, which they have put amongst their owne decrees. But, that the execution of the ancient canons, were as much acts of the Emperours, as the execution of decrees made in Chancery, or other Courts, are acts of the Soveraign [Page 91]Magistrate, though he never heares of it. It can be easily proved, by the liberty that the Soveraigne Powers have always kept to themselves, to dispence with pennances, imposed by the canons. Gervasius, a Bishop, being excommunicated, was againe received to the communion by Juo Carnutensis, by the order and appointment of the King of France, Philip the 1. This scandalized other Bishops; whereupon, Juo, though a great friend to the Popes, in a letter to his fellow-Bishops, justifieth himselfe, and the King; saying, That the Assembly of Priests and people, ought to receive to the communion, whom the Kings piety hath thought worthy of it. In the like language speaketh John, Bishop of Rome, in the 181 Epistle, to Justinian; I beseech your Clemency, to receive them to the unity of the Church, and to your communion, if [Page 92]they will forsake their errour.
Letter.
THose Reformers have believed, that the change of Religion in Soueraign Princes, could not take away what Jesus Christ had given them, although it was a change for the better: They remembred Christs words, commanding him that hath received an offence of his neighbour, to tell it to the Church; that is, to the assembly of Pastors and Rulers of the Churches; and they were perswaded, that this comand was perpetuall, and to remaine in force to the end of the world: When the Lord bestowed upon his Disciples the gift of working Miracles, and speaking Tongues; In this gift, they have not had any successors, because the miracles done by the Apostles, are usefull to this day, to confirme and strengthen the Gospel: but the graces, and callings, granted for the peace of conscience, and for reconciling [Page 93]penitent sinners, and maintaining the Church in good order, ought to be perpetuall, and the Apostles were meerly trusted with them, that they should transmit them to Posterity: and it is certain, that the pardon granted by the Apostles to some in their times, (namely, to the Corinthian incestuous person) cannot be of use to sinners of these dayes; these graces and actions being personall. The same Reformers have considered, that as there are various turns of the things of this world, and the wils of the great ones of the world, are subject to mutability; it may fall out, that in a country where the Magistrate is Orthodox, the same Magistrate may come to be an heretick, idolater, or persecutor, and therefore it is not expedient, that the spirituall graces and callings should depend of the instability of temporall things, and of the changes which may happen in States and Commonwealths. [Page 94]If so be the Pastors under an Orthodox Magistrate, had resigned to him the power of the keyes, no doubt but the Magistrate Idolater, who succeedeth, would not permit the Pastors of the Church to resume the authority, which they so willingly did forgoe.
Consideration.
VVHether the Magistrate be Orthodox, or no, the maine duty, and action of a Christian, depends not of the Magistrate; as, to feare God, and keep his commandements, to bebeleeve in Jesus Christ; yea, even when the Magistrate is most averse, he cannot hinder the last action of martyrdome, from being an honourable badge of Jesus Christ, sealing the truth of the Gospel with his bloud. Now, whereas the letter saith, that, had the Pastors quitted the power of the keyes to an Orthodox Magistrate, [Page 95]a succeeding Magistrate that were an idolater, would not permit them to resume it; there can be no such fear, for as an orthodox Magistrate permitting for some reasons of State, an Idolatrous religion, wil either disdain, or make a scruple of conscience to have a hand in regulating an Idolatrous worship, but will leave to the Professours, the whole ordering of their Religion, so it be not to the disturbance of the State. In like manner will an Idolatrous Magistrate deal with Orthodox Christians within his Dominions, and not so much vouchsafe to know what is that power of the Keyes, much lesse to have the handling of them: If he can but hold the Sword, it matters little to him who handles the Keyes.
Letter.
I Wish, the Authour of the Articles had explained himself more [Page 96]fully, and since he is of opinion, that the Pastours under a faithfull and orthodox Magistrate, ought in obedience to God, to render to him that power which they had under a Magistrate of contrary Religion, he had alledged some places of Scripture proving that such a command is laid upon them that God may be obeyed.
Consideration.
COmmon sence teacheth us, that when a Prince, either through incapacity, ignorance, or minority knoweth not the extent of his just power, he may upon knowledge thereof extend it further, and behave himselfe otherwise upon better thought or instruction. Thus if a Prince being a heathen knoweth not that his chief duty and office is to govern, adorn, and defend the Christian Religion, and people, and to promote the salvation of those which are under [Page 97]his Government; who doubts but afterwards giving his name to Christ he is above all other cares obliged to care what heretofore he did not know to concern his care; and if when he was a heathen; the Pastours did supply that, wherin he was deficient, there is no question to be made, when afterwards he is a Christian, but that their duty is not onely to render him his own, but also instruct him, and make him know the extent of his power, and tell him his duty is to throw his scepter at the feet of Christ, and mainly seek and care for the things pertaining to the Kingdome of God: And likewise if the said Magistrate upon deliberation takes that charge upon him; who doubts, but that (although the duties of the Pastours be never the lesse) their burden is so much the lighter and that they have lesse to care [Page 98]for. The civil Lawyers tell us, that if a man by Will, is appointed Guardian to a Pupil, and cannot produce the Will, the soveraign Magistrate may ordain any one to be Guardian till the Will be produced: This is the very case, and the application is easie, that the Soveraign Magistrate is set Tutour over the Christian people, by the will of God; now the while a Will is concealed, it is well if some body takes care of the Ward; and it matters not much, who be the Guardian, so that the Ward do not suffer dammage in his person or estate; but when the Will is produced to the Supream Magistrate, good reason then, he should discharge the part of a faithfull Tutour, and the maine trust laid on him, and intended in the Will, which is, that those that are under his tuition may inherit the Kingdom of heaven. To that [Page 99]purpose the Author of the book de regimine Principum, ascribed to Thomas Aquinas, hath a golden saying, The end which principally the King must intend in himself, and Subjects, is eternall beatitude, which consisteth in the vision of God, and because that vision is the most perfect good, every King or Lord, is chiefly to endeavour himself, that his Subjects may attain to that end.
Letter.
ANd since the Scripture saith, the Church is made up of two kinds of persons, viz. Shepherd and sheep, he should have declared, whether he ranked the Magistrate amongst the Pastours or Sheep.
Consideration.
THE Magistrate is among the Sheep in relation to the Pastour; as he is a Patient in respect of his Physician, and a Disciple in respect of his master, [Page 100]teaching him Arts and Sciences, & in a ship he is but one of the vectores in relation to him that guideth the Ship, and sits at the stern: Beside in some regard, the Soveraign Magistrate is the Pastor, as David is so called, and the Christian people the Sheep: these relations being mutable accidents, and not inseparable properties, do not in themselves either abase, or elevate the nature of the Subject.
Letter.
THis also is a point worthy the consideration. If when a Magistrate liveth disorderly, and is guilty of enormous crimes, the Pastour may not deal with him with reprehensions and admonitions, and when the Pastour seeth apparantly that such a Magistrate cannot be partaker of the holy Supper of the Lord but to his condemnation, whether he may let him perish without [Page 101]reproving and advertising of him. Consideration
AS a Magistrate being sick, is subject to the orders of the Physician; so as a Sheep, he is no lesse, yea, more subject to the power of the Keyes, then the meanest of the flock: for the more he is exposed to contagious vices, which he doth countenance by his example, the more need hath he of antidotes and preservatives. It was an old and true saying, miser est Imperator cui vera reticentur. The power of the Keyes declaring from God a message; no doubt but the Soveraign Magistrate is equally concerned to heare God speaking, as any one of the common people.
Letter.
ANd since the Authour of these Articles saith that the Soveraign Magistrate, ought to have [Page 102]in all causes and actions, and over all persons an absolute power, so that he commands not any thing contrary to the word of God (for in these cases he holds disobedience to be just,) it had been needfull that the said Authour had told us, who shall be Judge, whether the Magistrates commands are repugnant to Gods commandements, in case any difference be moved thereupon?
Consideration.
TO this question I answer, that none can be a visible Judge, but he that is the Soveraigne power of the Common-wealth, and though he judgeth erroneously and partially, he hath onely God that shall judge him. Pastors or Congregations, must either acquiesce to his judgement and decision as being onely legall, or they must suffer for righteousnesse sake. Now if one saith, [Page 103]the Pastours must be Judges, this Judgement must be, either of authority, or of discretion. This latter judgement is that by which every man having reason and conscience, is able to discern what is true, what is false, what is fit and usefull, and what is unprofitable and hurtfull: by this judgement every Pastor, yea, any other man, may judge of the wrong wayes the Magistrate takes; and the Pastour may go yet further, for being convinced in his judgement and conscience, that the Magistrate liveth in an ungodly way, he may and must presse unto his conscience Gods word, and his Iudgements; but by the first kind of judgement which is of Authority, I do not conceive the Pastors can judge the Soveraign Magistrate, only they must strive to perswade him, counsell him, and use no other forcible arms, then [Page 104]prayers to God and tears. Lachrymae meae arma sunt, saith St. Ambros to the Emperor Valentinian II. for it cannot be conceived that two soveraign powers can stand together in a State; and Civilians have ever so contrived Laws and Courts, as they do not justle and clash one against another. Thus though paternall right is most naturall and ancient, yet have they alwayes subjected it to the Soveraigne Magistrate, and make that yield to this; Now, as they make three kinds of actions, Ecclesiasticall, Iudiciall, and Military: suppose the Soveraigne power Ecclesiasticall should bid a man to go to Church; the second power should bid him to go to the market and the third power to the Leaguer; I demand, how shall this man be able to fulfill all these commands at once; belike he will obey none, for as saith Tacitus, [Page 105]ubi omnes praecipiunt, nemo exequitur, when all do command, there is none that obey, therefore, there must bee an order among the powers, one being subaltern to the other; else you can no more conceive a parity of powers, then two Gods in the world.
Letter.
ANd because ofttimes, dicussions may happen in the discussion of the true Doctrine, and upon points of great concernment to the Christian Religion, the authour of these Articles should have declared whether he understands that the Soveraigne Magistrate is to decide those controversies? and whether his meaning is, that the Supream counsel be made up of Divines expert in these matters.
Consideration?
THough the Soveraigne power should have little or [Page 106]no insight in things pertaining to the Kingdome of heaven; yet being by Gods providence the Supream Iudicature of the Countrey; this must be taken for a Iudgement of God, who, as it is said in the 4th of Daniel in his wrath sets the most contemptible amongst men; and children, for Kings, even children in judgement, over the people, that they may depend more on the King of Heaven. Yet the most part what they want in personall abilities to act of themselves, they recompence in judgement and discretion about the choice of Counsellours; many unlearned Fathers, and unacquainted in the wayes of education of children, will have a good sagacity in choosing able Tutours for their children; In like manner the Soveraigne Magistrate may wisely order the course of Law, Sciences, Arts, [Page 107]Trades, Manufactures, though he be litttle or nothing versed at all in any of them. And if it were required that the Soveraigne power should be exactly conversant in all the actions they order, there had need to be in a State so many Soveraigne powers as there be acts and disciplines; and were they never so capable, yet they will do wisely to choose able Counsellours; much more in a matter of so high importance, as is the deciding of controversies in Religion, and ordering the actions belonging to the Kingdome of heaven, ubi magna negotia, magnis egent adjutoribus: and amongst those Counsellours, none will be so fit as Divines, men of Learning, Gravity, and Piety. Thus if the Soveraigne power goeth about to reform the abuses of severall Professions, and Arts within [Page 108]his Dominions, as for example of Physick, no doubt but he will joyn with his Counsell, the most skilfull of that Art. But that the Pastours or Ministers, are not the fittest to have a Supream Iurisdiction over persons and causes, they call Ecclesiasticall, reason, and the sad experience of former times teacheth us: for were they endowed with knowledge by Revelation; and had Ecclesiasticall Assemblies compounded meerely of Divines, a non-erring gift not communicable to any other Assemblies of men; I should willingly, and necessarily admit that Divines ought to be assisting the Christian Magistrate, not onely as Counsellours, but also as Iudges coequall to them, yea, Superiours in that Iurisdiction, which they challenge to themselves; but the gifts of Government, being [Page 109]not inseparably joyned with those of preaching, and the Ministers not being endowed with [...], or infallibility more then those that sit at the Stern of the State can be; I do not see but that their proper place, and employment, is to be counsellours to the Soveraigne power in matters belonging to the Kingdome of heaven. But being falne insensibly upon the rank and station that Ministers ought to keep in a Christian Common-wealth, because it is a matter complicate with the question in hand, concerning the pretended Ecclesiasticall Jurisdiction distinct from the Civil, it will not be amisse to discusse, which of the Governments, either by Bishops, or onely Presbyters is most consistent, and compatible with the peace and safety of a Christian Protestant State. If it be admitted on all sides, that there [Page 110]is but one power of Legislation and Jurisdiction, in all causes, and over all persons belonging to the Supream Magistrate, I conceive that then Bishops & overseers set over many Congregations; besides that they are more agreeable with the Primitive institution, will much ease the Supream power of the care they must take in ordering persons and causes nearer concerning the Kingdome of heaven: for his inspection being but over the Bishops, Factions and Heresies will not so easily spread among the multitude of the Christian people; as if he were immediately to overlook the actions of the great body of Presbyters, who being numerous, may easily escape his eyes, and have a greater freedome to innovate. Therefore Moses being Supream in all causes, and over all persons, It was a wise counsel of Jethro his father [Page 111]in Law to wish him to set under him men over the people, who besides that, they bore the burden with him; those men being far lesse for number then the people, it was easie for Moses to oversee them. But under those Magistrates who should condescend to a divided and distinct Iurisdiction, one being civill and exercised by themselves; the other Ecclesiasticall and of Divine right belonging to the Ministers of the Gospell; In that case I do conceive that few Bishops set over Presbyters, and being Independent from any other power, have a greater opportunity to Lord and tyrannize over the Christian people, then a numerous company of Presbyters of the same rank and equall Authority can have.
Letter.
NOw for that, the Author of the articles would have this distinction of civill and spiritual abolished; 'tis a thing very hard to change and alter the nature of things, as if one would take away the distinction betwixt black and white: Let men doe what they can, and say what they will, the questions about Faith will be still spirituall things; and suites in Law, for money, or houses, will be still civill and temporall matters: If we change the words, the nature of things cannot suffer alteration.
Consideration.
THe Magistrate is no more head of two things, Church & State, then of thousand kinds of actions in a Christian Common-wealth, which, for every one of them, needs not a particular Soveraign a Power: Now, these two things, Christian Church, and Common-wealth, cannot be so much [Page 113]as conceived to have a reall being without each other; for, as every man is a reasonable creature, and every reasonable creature a man; so, every Christian Commonwealth is a Church, and every Christian Church a Commonwealth; I speak of those Churches, that have as large, and spacious extent of place, as the Common-wealth it selfe; for, in some other sence, a family in a house is called a Church, and according to that acception, every Church should not be a Christian Common-wealth; I think the Church is not different from the Christian Common-wealth, more then the understanding is from the Soul; for as powers and faculties are believed by great Philosophers not to be distinguished really from the Soul; however, though there should be a difference, it cannot be so distinct, as [Page 114]that the power can have a distinct being from the Soul, but that at least all powers are subaltern, and subordinate to the chief power, called [...], which sits at the stern of all faculties, and directs and modifies all actions though never so severall, contributing as well to ratiocination, and vision, as to the coction and expulsion. In the like manner, that Soveraigne power, in a State, though one in essence, hath its severall faculties or powers, from which severall actions do stream tending to the ordering of the whole man, in his being and wellbeing, as well in things of the inward man, as the outward. And to follow he analogy between the body of man, and the State, it is no little illustration to beget belief; that as the primum movens, or Soveraigne power is one, and extends it self as far, as [Page 115]it is circumscribed by the cuticula or thin skin; there being not one Soveraigne power for the head, another for the lower regions, and a third for the hands and feet. So in a State bounded, as England, by certain limits, no doubt if it be one State or Comon-wealth, it hath one Soveraigne power; reaching as well to Cumberland, as to Kent and Cornwall, over all persons, actions and causes; for if some persons or causes were exempted, as for example, the persons and causes they call Ecclesiasticall within the same limits of Land; I do not conceive that there can be any such power, nor can I Imagine where that power in matters Ecclesiasticall or ordering Church wayes should reside, by which the Supreame Civill Magistrate is bounded; but there may be as well ten thousand Supream powers and Courts [Page 116]Ecclesiasticall within England, as one single generall power; for the Civill Magistrates Jurisdiction being distinct from the Ecclesiasticall, he may not hinder that multiplication of powers; every one of these powers assuming to be sui Juris in sacred things: or if he hinders it, and prevaileth to have but one Soveraign power in Church matters in all his Dominions; this very act of prevailing will be a sufficient demonstration that there is but one Soveraigne power over all causes and persons Ecclesiasticall and Civill: & indeed the taking away the branch of the Jurisdiction, and power of the Christian Soveraign Magistrate, in things pertaining to the Kingdome of heaven, is as much as to destroy all Ecclesiasticall power and Jurisdiction; for besides that, this makes the Magistrate but a cipher or zero in sacred things, it [Page 117]abolisheth all Ecclesiasticall Discipline, Parish meetings, publick and uniforme exercises of the ordinances, which cannot be performed, but by the supreame Magistrates ordering, permission, or at least, connivence; and it reduceth all Church wayes to the congregational; which way, though it cannot be disproved, all men naturally having a power to associate themselves, upon their ordinary affairs, without the Supreame Powers leave, or ordering: much more when those meetings are pious, innocent, and without danger to the publick weale: yet, if there be no other Church-way within all the Dominions of the Soveraigne Magistrate, then the Congregationall; not onely all Power of the Keyes, and Jurisdiction in Church-matters, is quite taken away from the Christian Magistrate; but also, all [Page 118]Presbyteries, Classes, Synods, and with them, their Power and Jurisdiction vanisheth, and comes to nothing; and in truth, it will come to nothing, if you doe not make that publique ordering of Church-way, setting up of Ordinances, uniformity of Catechising, confession of Faith, discipline, censures, to be a branch of the Legislation, and Jurisdiction, which the Soveraign Christian Magistrate is to have over all causes, persons, and actions: for, in Gods name, where can that Power in Church matters be seated, but in the Christian Magistrate? May be you will seat it in all the Christian people, within the Magistrates Dominions: But, by this, the Christian people having the Soveraign Power in Ecclesiasticall, shall have the liberty, not onely, as I said before, to make, as in England, either one, [Page 119]two, or more, yea, ten thousand Nationall Churches, as far differing one from the other in Rites and Constitutions, as the Scottish Church is from the English, and the English from the French: the word of God not stinting, whether associated Christians ought to be many, or few, in one body; or whether many bodies, or few, in one Nation, as England; and whether they must be a collection of Churches joyned in one body of a Nationall Church, or not? And, which is more, this absurdity, and great inconvenience, will follow from this dividing of Powers, that it will be free for Christians to erect in two contiguous Countryes, under two distinct Magistrates, as France, and the Territory of Geneva, one collective body of Churches, ruled by the same Synods and Decrees, under one Soveraigne Power in [Page 120]Ecclesiasticall; and thus shall you have, not Imperium in Imperio, but Imperium in duobus Imperijs, a confusion of Empires; for, who may have right to keep them from so doing? If you say, that both the neighbour Soveraigne civill Powers may hinder them; to that I say, either it is an usurpation in them to doe so, or if not, then that Power by which the Church is ordered, is subordinate to the Soveraigne Christian Magistrate, which is all I intended to make good. But it may be said againe, that all the Christians, or all the Congregations, who are big enough to make a Church, (such as the little number of two or three of Christ in the Gospel, gathered together in Christs name) within the Dominions of the Soveraign civill Power, will have that humane wisedome, as to erect but one Nationall Church, and of [Page 121]the same latitude and extent that the Dominions are: To that I say, that this very liberty, and humane wisedome, which they make use of, without a certaine prescript from God, doth sufficiently evidence, that they make use of the same guide, which the Supreame Power doth imploy in the governing of the State; and, that since humane wisedome must be be called to help, for the ordering of these two things, they will have to be distinct, viz. the Church, and State; none can be better trusted with them then the Supream Power of the State, where the Church must be constituted; and indeed, the Christian Emperours have always modelled the Church after the fashion of the State, or, if you will, the State after the Church, because they were to depend of one supreame Power; for, as they had Bishops in every [Page 122]City, whose bounds and extent was called [...], a Parish; so had they a Defensor Civitatis; and in every Province, the Arch-bishop, or Metropolitan, was answerable to the Praeses, or Proconsul: and in every Diocesse, the Primate, or Patriarch, was like the Lieutenant, or Vicarius, or Legatus. To summe up all, as the primum movens in the naturall body extendeth it selfe to all parts and functions of the body; so the Soveraigne Power in a State, hath an equall Jus Imperij in Ecclesiasticall and civill matters: And as the sensitive and vitall parts are equally extended, and circumscribed by the same limits; so all the causes, of what kind soever they be, are bounded by the same supreame Power within the same limits of land, as if on the North side, Barwick is the bound of the civill Power of England; [Page 123]so is it of the Ecclesiasticall. But it may be demanded, how the soveraigne Power may be said to have Jus Imperij in Divine Lawes? I answer, that properly, the office of a Soveraigne Power is only ministeriall, and in regard of God, it is rather an administration, then a power; but in regard of men, because it bindeth to obedience, 'tis a Power, and Authority: Now, his Law is either just, or unjust; if unjust, yet the obedience to it, being not sinfull, it must be obeyed as a Law in force; for the strength of a Law doth not consist in that it is just, but in this, because 'tis a Law ordained by him who hath Authority: Now, if this Law be just, it must be obeyed for two reasons, viz. first, for conscience sake, and for wrath, that is the tye of every Christian, in all the commands of the Magistrate, is to obey God, [Page 124]and doe whatsoever just and honest thing lies in ones power; then, for feare of punishment; for any precept, though morall, and never so just, although it bindes the conscience, yet 'tis no Law binding to obedience in foro humano, till it be reduced into a Law by the Legislative Power of the Soveraigne Magistrate; for even the supream power, though Christian and godly, cannot punish a theife for transgressing the commandement, Thou shalt not steale, except this Law be also a Law of the State. But againe, it may be demanded, what authority and power doe you entitle on the Ministers of the Gospel, to whom the Scripture committeth the power of the Keyes, and giveth high Titles, Names, and Eloges? I answer, that still they have the highest honour in the world, even higher then the Magistrates [Page 125]and Kings; higher then Judges; for all men shall be judged by their Gospel: they are Ambassadours from Christ, to earthly powers: as the Kingdom committed to them, is not of this world; so their weapons are not earthy, but spirituall, and sharper then any two edged sword; they condemn, when they doe denounce the judgments of God to impenitent sinners; they pardon, declaring the mercies of God to penitent and mourning sinners; they rebuke all kinds of men, teach, exhort, admonish, and have a kind of power and authoritie; binding as much, or more to obedience, then the commands of the Soveraigne Magistrate; for a man once convinced by the preaching of the word; the word of of the Minister, apprehended to be the truth of God, or a command from God, will be like the [Page 126]Intellect, which being enlightened doth more powerfully work upon the will to act, then when it is compelled by an externall agent: and even civilly, the respect one hath to an Artist, binds in a manner to follow his prescriptions. 'Tis no marvell then if Theodosius being rebuked sharply by Ambros, yielded to a censure, rather coming from God, which he was willing to undergo, being conscious of his sinfulnesse and deserts; then that it proceeded from a man endowed with a coercive power of excommunication, to which not to yield had been a rebellion against God: as Christ alone is the true spirituall Legislatour, so he alone doth either (withold or remit sinnes Solus (saith Hilarius the Deacon) peccata dimittit, qui solus pro peccatis nostris mortuus est, and the words of Lombard are very expresse to shew the extent of [Page 127]the power of the Keyes. Sacerdotibus tribuit Deus potestatem solvendi, & ligandi; id est, ostendendi homines solutos vel ligatos, God giveth the Priests power to loose and bind, that is to make known they are either tied or loosed, li. 4. dis. 18. Saint Hierome upon the 26. of Matth. teacheth us what this potestas Clavium is, as the Priest makes the Leprous, either clean, or unclean, so doth the Bishop or Priest bind or unbind; and saint Cyprian, lib. de lapsis, and other where, saith, that by the preaching of Ministers men receive not forgivenes of sins, but are brought by it to be converted, by getting a Knowledge of their sins. And saint Augustine in many places saith, that the Minister is some body in the administring of the Sacraments and dispensing the word, but no body for the Iustification of a sinner, and for working inwardly, except he that [Page 128]made man, worketh in the man. Were the nature of Christs Kingdome well understood, I suppose that the power of the Keyes would be easily stated: I mean that Kingdome and power, by which Christ worketh by his word and spirit upon the spirits of men, inclining them to do his will, by perswading, and not constraining them by any coercive power delegated to the Apostles and their successors in the Ministery: Christ himself saith, he is not come into the world to Iudge the world, but that the world should be saved by his preaching: And the comparing of Christs Kingdome to a grain of Mustard seed, and to leaven hid in the dough, sheweth manifestly, that this Kingdome is propagated by secret perswasions, and workings, and not by a Iudiciall external power seated in the Ministers constraining to obededience, [Page 129]upon bodily or pecuniary penalties. Were the visible Kingdome of Christ, a different Kingdome from that of the Christian Magistrate, we should read in the Gospel of some Lawes, besides those about the sacraments, for the regulating of the said Kingdome: The precepts to believe, to repent, and to be baptised are no such Lawes, that for the non-performance of them, men should incurre punition or damnation: for the not obeying of the Evangelicall precepts, is an argument that the wrath of God is upon the transgressors, and not an effect following upon the transgression. He that doth not believe in Christ is condemned already: man refusing to accept of the remedy in the Gospel, is left to his former miserable estate; and the Law onely takes hold of him. Now this Law denouncing both temporall [Page 130]& eternal punishment to the transgressors, it is evident that the power to judge in the world according to that Law, in ordering all causes, and punishing all kinds of persons transgressing, doth belong only to one Soveraigne power, subaltern, not to Christ as the Soveraigne Preacher and Mediatour, but as God in Trinity, and Trinity in unity; or as God Creatour and Supream Governour over all causes, persons, estates, and conditions, temporall or eternall.
Letter.
A Midst all these difficulties, it will be a work pleasing to God, to find a mean to keep the caling of the Ministery of the Gospell in the posture and condition as it was established by Jesus Christ, without any abating and diminishing of the dignity and power of the [Page 131]Soveraigne Magistrate, and I believe, that just and easie means may be found out.
Consideration.
THere is but one means, which is that of Queene Elisabeth, King James, and of Hooker in his book of Ecclesiasticall polity, wherein under the words of Royall power, Crown and dignity, he teacheth us, that all power and Iurisdiction Ecclesiasticall is derived from the Supream power of England, and is upholden and defended by him: The words of the Act Elizab. 1. cap. 1. are very expresse, omitting nothing which can be of Pastours and Synods cognizance, which be not mentioned to be of the Iurisdiction of the Supream Magistrate. All Ecclesiasticall and spirituall Jurisdiction is annexed to the Crown, [Page 132]to visit reform, redresse, order, correct and amend all such heresies, schismes, abuses, offences, contempts, and enormities whatsoever, which by any manner, spirituall or Ecclesiasticall power, authority or Jurisdiction, can, or may be lawfully reformed. In the same statute, it is enacted and ordained that no opinion shall be judged or determined to be heresie, but by the high Court of Parliament of the Realm.
Letter.
WE have already laid down for a firme and constant ground and ordained by God, that all Ecclesiasticall persons are subject to the Soveraigne Magistrate, in whose hands God hath put the Sword; and that he hath power over the lives and goods of the Pastours of the Church, and may iustly punish them when they are [Page 133]perturbators of the publick peace, and become obnoxious by their wicked lives: that the duty of the Magistrate is to restrain them if they behave themselves tyrannically in the use of the Keyes, and break the peace of the State.
Consideration.
THis alone is sufficient to evince, that in a Christian Common-wealth, there can be but one Soveraigne power, over all persons, causes, and actions, for it is absurd to conceive that the Supream Magistrate hath power over the person of the Minister, and not over the actions and causes for which he may, and must be punished by the said Magistrate, and 'tis no lesse absurd to conceive that the Magistrate may justly put to death a Minister, or punish him with banishment [Page 134]& yet may not have the power to degrade him: it being a rule in philosophy, that if the whole be in the power, much more a part of the whole; and if the same Supream Magistrate may justly degrade him; who doubts but he may as justly challenge to himself the right of choosing him; else (which is all one as if he had chosen the Pastour himself) he may put by, not onely the said Pastour, but so many, (one after another) as are substituted by the power they call Ecclesiasticall, till the Pastor chosen be according to his owne mind.
Letter.
ANd because it might fall out, that in Nationall, and Provincial Synods, the overseers of Churches should transgresse the limits of their calling, and meddle with civill [Page 135]affaires, in which the Civill Magistrate is interessed; it stands with reason, that these Synods be not convened without the will and consent of the Soveraign: the ancient Emperours have yet done more then that; for in the universall Councils, they have been present; as Constantine in the Council of Nicaea and Marcian at the opening of the Chalcedoine Council: or in their stead, they have sent Earls, Patrices, or Consuls, as we may see in the Acts of the Council of Chalcedoine, and the II. Councill of Nicaea; in the said Acts we see that the said Patrices and Earles abated the insolency of some Bishops, and commanded them absolutely. The title given them by the Councill was Gloriosissimi Iudices.
Consideration.
THis likewise proveth the necessity of one Soveraigne power over all persons, meetings, causes, and actions: Synods, being assemblies, of wise and learned Councellours, to advise the Supream power, in matters of Doctrine and Discipline: as the Supream Magistrates power is to call them, so to determine the members that are called to it, as Marsilius Patavinus saith, Generale concilium convocare personas ad hoc idoneas determinare pertinet ad Legislatoris authoritatem. part 2. cap. 20. and not onely so, he only doth preside, and reserveth himself the facultie of approving, disproving, examining and rejecting what he thinks fit, even after the Synod is broken up, and their conclusions and Canons are [Page 137]ratified by him as the Ecclesiasti-Historie tells us.
Letter.
AS for decisions of points touching Doctrine of faith; although the Emperours never iudged of these matters, yet did they maintain their authority giving Judges to whom they commanded to decide the differences; as Constantine did when the Donatists came to complain to him: for he gave them some Bishops for Judges,, to whose Judgement they not yielding, he called a Councill to pronounce a definitive sentence; but these Judges which the Emperour gave to decide matter of Doctrine, were alwayes Bishops, and Ecclesiasticall persons; by that means, the Emperonr kept his authority over Bishops.
Consideration.
OBserve, that not the Churches, nor the Synods, but the Emperour nameth the Judges. The difference was betwixt the Donatists, and other Bishops of Africa: the Donatists, with a great deale of submission, besought the Emperor to give them Judges out of France. The Emperour gave them 3 French, and with them, Miltiades, Bishop of Rome: 'Tis here further to be observed, that (as the Letter saith) the Donatists did not condescend to the determinations of the 4 Judges, which is not to be understood, as if they rejected the sentence of the Judges, or of the Emperor, as issued from incompetent Judges, or appealed to a Synod; for quite contrary, they appealed to the Emperour, who indeed thereupon, called another Synod, to compose [Page 139]the controversie, which was about Caecilianus, accused by the Donatists of many crimes, and to have been unduly elected: from that Synod, in which they were condemned, they appealed againe to the Emperor, who, for the second time, called another Councill at Arles, of which, the Donatists not being satisfied, that Caecilianus should be confirmed in his Sea of Carthage, appealed the third time, from the Councill, to the Emperour, who condemned the Donatists, and banished them: Neither were the Donatists ignorant, that the decision of the Emperour, should be the ultimate definitive judgment. And the very Bishops did use to give account, of what passed in Synods. Thus Constantine called the Bishops convened at Tyr, to him, to give an account of what passed in the Assembly. Among[Page 140]the Councils of France, we read that the heads of the debates in Synods, were referred ad sacratissimum judicium, that is, the counsell of the King, or rather, the King himselfe; and, that in the year 813. the addresses to Charles the Great, doe refer the determinations of the Councell, to be examined, amended, and confirmed by him; and, that by his wisedome, he would vouchsafe to supply what had beene wanting on their part.
Letter.
IF the Soveraigne Counsill be minded to reserve to himself the decision of points of Doctrine, and of all Ecclesiasticall affaires, it were (in that case) needfull, that the Councill should be composed, partly of Pastors, and Doctors, and Ecclesiasticall persons, skilled in these [Page 141]matters, as it was practised in the Palatinate afore the late troubles; which is confirmed by the example alledged by the Author of the Articles: We find (saith he) that in the Common-wealth of the Jewes, in one onely Synedrium, all causes were decided, and all kinds of persons might be convented. In this Synedrium, the Nasi was President, who usually was the High Priest, and most in it, were Priests, or Levites. The same thing was practised in England, before these late alterations, there being a Soveraign Counsell, called the High Commission; in which, the Arch-bishop was President, to whom were joyned in Commission, as Assessors, some Counsellors at Law of the Country.
Consideration.
'TIs sufficiently granted, that though it be admitted, that Ecclesiasticall, and Civill causes, are belonging to two distinct Jurisdictions, yet they may confluere in unum, and be made of two, one, under one single Soveraign Power. That the Powers were not divided in the Common-wealth of the Jewes, it may be easily gathered, by the Story of the Jewes, from Moses, to the Captivity. Moses himselfe was a Soveraigne Judge, in all causes, and over all persons: no prophet, in his time, prophesied, but the 70 Elders, who yet prophesied by the spirit of Moses, communicated to them. In Joshuah's time, the Regall, or Civill Supreame Power, was joyned with the Sacerdotall, and seated in Eleazar, as we may read, Numb. 27. vers. [Page 143]18, 19. &c. And St. Peter, in his 1 Epistle, chap. 2. vers. 9. he coupleth them together, or rather, maketh but one of them, calling the Common-wealth of Israel, a Royall Priesthood. That these Powers were no lesse divided in Samuel, appeareth by the word of God to him, 1 Sam. 8. ver. 7. They have not rejected thee, but me: as if he should have said, this people is weary to be under thy government, they must needs have a King of their owne; but in so doing, they have not so much cast thee off, as me, who had set thee over them: After Saul, the High Priests attempted nothing, (except it were by a speciall command of God) without the Kings consent: Thus when the Booke of the Law had been a long time lost, and then found, the Priests enquired of the Lord concerning that Book, by the command and [Page 144]direction of Josias; so that the supreame visible authority, to judge whether the Booke found, was to be received for the Law of Moses, and the word of God, did only belong to the King, as we see in the 2 Book of King. chap: 22. & 23. where we read, that the King called together all sorts of men, viz. Elders, Priests, Prophets, and all the people, and read the Book of the Law before them all: and withall, was the author of the Covenant, to which all the people stood; under the word, people, all ranks of men being comprised: After the return from the captivity, it is knowne, that the Sacerdotall Kingdome, was againe set up, as it was in Joshuah's time, and under the Judges.
Letter.
IN the 10th Article, he saith, it is not understood, that the Soveraigne Magistrate ought to give orders; which concession, will serve to keep a part of the authority belonging to the Ministers; for if the ordination doe belong to none but the Pastors only, it followeth, that to them only belongeth the degrading, and exauctorating of Ministers, which are either vicious, or hereticks, or yet uncapable. They may take away what they have given; but still the punishing of them for crimes, is in the power of the Soveraign Magistrate.
Consideration.
THere might be yet a question made, whether, when the Supreame and Regall Power is set [Page 146]in, it hath not much of the Ministeriall and Sacerdotall Office annexed to the Regall calling, and paternall Right: for 1500 yeares together, the Soveraigne Power was joyned with the Sacerdotall; and among the chiefe Cities of Greece, the Kings were Priests omnino apud veteres (saith Cicero) qui rerum potiebantur, iidem auguria tenebant, ut enim sapere, sic divinare regali ducebant. The division that was made to Aaron, was not of the Soveraign Power, but of the exercise of the Office: Besides, Aaron was an expresse figure of Christ, our great High Priest; which office, near the time of Christ, even soone after the Captivitie, was againe confounded with the Regall: but not to make use of this plea, I say it is of ordination, as of taking of the degree of Doctor of Physick or Law, in an Academy: [Page 147]This co-optation, though made without the speciall privacie of the Supream Power; yet, in generall, 'tis not done without his consent & permission; & he hath stil an inspection over the man quatenus Physitian, or Lawyer, and so long as he exerciseth the profession: In like manner, though the Soveraigne Power doth not ordaine this particular man; yet, is ordination of his appointment, and one of his Lawes, though it comes first from God; for so doth the morall Law, which, notwithstanding, after it hath been published under certaine penalties, becomes the Law of the Supream Legislator of the State: we have amongst the Constitutions of Justinian, some bearing that title De ordinatione Episcoporum, & Clericorum.
Letter.
NOw, if the Orthodox Magistrate, under whose shadow the Church subsisteth, and the true Religion maintained, should transgresse the limites, vindicating to himselfe more power over the Church, then God hath given him in his Word, I shall alwayes give counsell to the Pastors of the Church, and to the people, to beare that yoake with patience, without murmuring, giving thankes to God for bestowing Magistrates, who are conservators of the purity of the Gospel, under whose shelter and protection, the souls are directed to the way that leads to salvation.
Consideration.
I Conceive, that if the Soveraigne Magistrate takes upon [Page 149]him the care of ordering Church matters, that the Pastor, and Church, have a yoak so much the lighter, and therefore have need of lesse patience to beare it, then if they carried it themselves: neither doe I conceive, that the transgression here mentioned in the Letter, can be any trespasse in the Magistrate; and though it were one, that it is not much materiall, nor of any dangerous consequence; he having (as the Letter saith) the maine qualification required in a Magistrate, which is, to be conservator of the purity of the Gospel; and besides, the main end being obtained, which can ever be desired, and aymed at, in any government, which is to be directed to the way that leads to salvation. But suppose that the Magistrate abuseth his own power over the Christian people, in ordering the things which concern [Page 150]the Kingdome of God; I doe likewise conceive, that here the Magistrate does trespasse as a tyrant, and not as an usurper, and is like him that is drunke with his owne wine, and not with anothers; in which there is yet a double trespasse; the one against his owne body, the other against the good creature of God, which he spils to no purpose: But, as they say by way of proverb, right, is right still, and wrong, wrong, in what ever disguise they appeare; So mischiefe is a mischief still, and as great a mischief in the Soveraigne Magistrate, whether his power exceedeth in things they call Civill, or things which pertaine to the Kingdome of heaven; though the inconvenience be farre greater in mis-ordering the latter, God having equally entrusted him over all persons, [Page 151]and causes, in a Christian Common-wealth: In the discharge of which trust, it were to be wished, that all Christian Magistrates would governe without that distinction of Powers, Ecclesiasticall, and Civill.