offended be a society or some publick person equivalent 2 In case the party in such acts of judgement be freed from error which was the present condition of the Apostles guided in their administrations by an infallible spirit Object 5. This Synod Acts 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Septuag 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vid. Schindl Lexi so speaketh as having power to lay the truth of God cleared and declared by it as a burthen upon the Churches v. 28. which our ordinary Synods seem not to have power to doe Resp The notion or tearm burthen may be taken politically i. e. for a truth imposed by virtue of Church power and Authority this though the Apostles as Apostles might doe yet if they did so in this place which we rather conceive not it was extraordinary and Consequently not Exemplary Or the word Burthen may be taken for the charging of the Church to receive and yield Obedience in the Lord unto the truth discussed cleared and orderly commanded to them In which sense if we take it here according as it 's taken in divers places elswhere Pro. 30.1 21.1 Rev. 2.24 then the stile or manner of speaking is exemplary OF THE POWER OF Synods The Third Question Quest 3. WHat is the Power of a Synod Resp The Power of a Synod Is Decisive Directive Declarative of the truth by clearing and evidencing the same out of the word of God non coactive yet more than discretive For the better understanding hereof consider that Ecclesiasticall Power is 1 Decisive in determining by way of discussion and disputation what is truth and so consequently resolving the Question in weighty matters of Religion Acts 15.16,28 16.4 This belongs to the Synod 2 Discretive in discerning of the truth or falshood that is determined this belongs to every Believer 3 Coactive or judicial for we omit to speak in this place of Official judgement in judging of the truth determined Authoritatively so as to impose it with Authority and to censure the disobedient with Ecclesiastical censure 1 Cor. 5.12 Mat. 18.17 This belongeth to every particular Church The judgement of a Synod is in some respect superiour in some respect inferiour to the judgement of a particular Church it is superiour in respect of direction inferiour in respect of jurisdiction which it hath none Quere How and how far doth the sentence of a Synod bind Answ We must distinguish between the Synods declaration of the truth and the politicall imposition of the truth declared by the Synod The Synods declaration of the truth binds not politically but formally onely i. e. in foro interiori i. e. it binds the conscience and that by way of the highest institution that is meerly doctrinall The politicall Imposition of the truth declared by the Synod is Ecclesiasticall or Civil Ecclesiasticall by particular Churches and this binds not onely formally but politically in foro exteriori i. e. it binds the outward man so as the disobedient in matters of offence is subject unto Church censure affirmatively towards their own Members negatively by non communion as concerning others whether Church or Members Supremi Magistratu◠approbatio est supremū ut soquuntar arrestum Fr. Hom. disp 18. Th. 4. disp 17. Thes 3. Civil by the Magistrate strengthening the truth thus declared by the Synod and approved by the Churches either by his meer Authoritative suffrage assent and testimony if the matter need no more or by his authoritative Sanction of it by Civill punishment the nature of the offence so requiring In this orderly proceeding of the Churches and Civil Magistrate together in their respective politicall imposition of the truth cleared and declared by the Synod we are to be understood to speak of such a place wherein the Christian Magistrates walk together orderly referving Ecclesiasticall binding power to the particular Churches where either there is no Magistrate or the Magistrate is wanting in his duty as also civil power to the Christian Magistrate where the Churches are wanting to their duty The Fourth Question Quest 4. To whom belongeth the power of calling a Synod Answ For satisfaction to this Question we shall propound one distinction and answer three Queries Distin The power of calling Synods is either Single Authoritative belonging to the Magistrates Ministeriall belonging to the particular Churches Mixt When both proceed orderly and joyntly in the use of their severall powers Arguments proving the Authoritative Power of Calling SYNODS to belong to the Magistrate 1 Because the Magistrate is Custos utriusque Tabulae i. e. Charged with the custody of both Tables That he is keeper of the second Table is granted that he is keeper of the former is sufficiently proved in the first Question 2 From the recorded and approved examples of godly Kings in the Scriptures David 1 Chron. 23.2 Hezekiah 2 Chron. 29.4 Josiah 2 Kin. 23.1,2 3 From the nature of such great Assemblies Though Synodicall Assembling be spirituall yet meer assembling of a multitude together which a Synodicall Assembly presupposeth is a Civil act and therefore cannot in good policy be suffered without the consent of the Magistrate 4 From the necessary though not essentiall requisites to the being of a Synod as place time manner of meeting peace all which need the consent of the Magistrate in case of violent disturbance the Churches as such having no civill power to defend them cannot but want the assistance of the Magistrate that they may meet and transact the matters of the Synod in safety and quietnesse 5 From the proportion that the Magistrates Con-coactive or calling power of a Synod holds with his confirmation of the conclusions of the Synod the same reason that warrants his confirming power for the better strengthening the observation of the conclusions of the Synod warrants his calling power for the better being of the Synod Arguments proving the Ministeriall Power of Calling Synods which may be fitly called a power of liberty because Churches therein have no Authority one over another to belong unto the particular Churches 1 From that famous example Acts 15. where the Synod meets and site without the call of Civil Authority there being then no Christian Magistrate 2 Because the power of the constitution of Synods as properly such firstly resideth with ariseth from and lastly returneth to particular Churches 3 Because the power of the Magistrate tends not to the being but to the better being of Synods and added thereunto is accumulative not privative i. e. it adds strength to it but takes not any power from it Hence a Synod may in ease be without any consent of the Magistrate but cannot be without some consent explicite or implicite of the Churches 4 Because the Lord Jesus hath invested the Churches with sufficient Ecclesiasticall power in the best Ecclesiasticall manner to attaine their Ecclesiasticall end which yet were not if they had not power of themselves by joynt consent to call a Synod Queries Querie 1 In what case may the Magistrate proceed to call a Synod without the consent of the Churches Answ The Magistrate in case the Churches be defective and not to be prevailed with for the performance of their duty just cause so requiring may call a Synod and the Churches ought to yield obedience thereunto But notwithstanding the refusall he may proceed to call an Assembly and that for the same end that a Synod meetes for namely to consider of and clear the truth from the Scriptures in weighty matters of Religion But such an Assembly called and gathered without the consent of the Churches is not properly that which is usually understood by a Synod for though it be in the power of the Magistrate to Call yet it is not in his power to Constitute a Synod without at least the implicite consent of the Churches Because Church-Messengers who necessarily presuppose an explicite which order calls for or implicite consent of the Churches are essentiall to a Synod Querie 2 In what case may the Churches call a Synod without the consent of the Magistrate Answ In case the Magistrate be defective and not to be prevailed with for the performance of his duty just cause providence and prudence concurring The Churches may both Call and Constitute a Synod The Reason why the Churches can Constitute a Synod without the consent of the Magistrate although the Magistrate cannot constitute a Synod without the consent of the Churches is because the essentialls of a Synod together with such other cause as is required to the being though not so much to the better being of a Synod ariseth out of particular Churches as appears from the following Enumeration of the Causes thereof The Essentiall Cause Remote The Authoritative Call of the Magistrate Next The Ministeriall Call of the Churches The Materiall Cause The Members of the Synod i. e. qualified Church-Messengers The Formall Cause The meeting together of such Church-Messengers in the name of Christ The Finall Cause To confider of and clear the truth in question from the word of God Querie 3 In case the Magistrate and Churches are both willing to proceed orderly in the joynt exercise of their severall Powers whether it is lawfull for either of them to call a Synod without the Consent of the other Answ No they are to proceed now by way of a mixt Call i. e. orderly and joyntly in the use of their severall Powers That which learned Parker speakes of the Power of particular Churches concerning Calling of SYNODS holds also in this case concerning the Power of the Magistrate Their Powers are divers yet in respect of exercise they ought not to be divers nor divided the one from the other as before The Churches desire the Magistrate Commands Churches act in a way of liberty the Magistrate in a way of Authority Moses and Aaron should goe together and kiss one another in the Mount of GOD. FINIS Courteous Reader BY reason of the Death of the Reverend Author and the far distance of his loving Friend the Publisher of this Booke some faults may have escaped the Presse for the which the Printer desireth excuse Vale.
against the light of nature as Law of Nations or deny things obstinately which are fundamentall albeit not against the light of nature or Law of Nations as for example that Jesus Christ is the Redeemer and onely Mediatour that the Scriptures are the word of God c. should yet not be restrained yea that were to suppose some under the shining of the Gospel left of the Lord in a lawlesse condition in respect of any Authority to restrain them in matters of Religion the Civil power may not meddle with them and Ecclesiasticall cannot as not being actually of the Church 2 The Church hath sufficient power to reach her ends in curbing and curing offences of the second Table yet none will thence conclude that therefore no need to the Church therein of the Coercive power of the Magistrate 3 The Church aimeth at restraint from infection of others as well as amending the parties themselves now supposing the Church casting out a person for obstinate holding of Hereticall Tenents yet the Church cannot now restraine him any further in any Ecclesiastical way but that he may now doe more mischiefe in spreading his Tenent then ever unlesse the Magistrate also exercise his Coercive power 4 The Church may in case by clamorous noise made in the Assembly or otherwise by faction be hindred from the exercise of its power to cencure and so although it have power enough to act yet it will need the Magistrates help to exercise that power unlesse we durst plead as some it seems doe that in this case the Elders may act by corporall force to redresse it as Phineas the Priest did in killing Zimri and Cozbi disturbing the Congregation on then humbling themselves before God but we say that was extraordinary as was the act of Samuel in cutting Agag in pieces of Elijah in putting Baals Priests to death and Peters act against the life of Ananias and Saphira nor would we plead the Priests example 2 Chron. 26. in thrusting out Vzziah out of the Temple or such like Arguments supposing that the Priests of old and the Levites might by a dispensation peculiar to those times be allowed more liberty of acting in matters of a Civil nature both in the great Synedrian and other where then any of us dare say is imitable by or allowable to Churches or Church Officers now Object Thirdly and lastly the tares are commanded to be let alone Mat. 13.29,30 Therefore what Authority hath the Magistrate to restraine or punish men now under the Gospel but rather to leave Christians to the liberty of their owne Consciences Answ This is a Parable and therefore to be taken in the scope and substance and not according to the circumstances thereof as Peter Martyr noteth in this case Now the scope of part of the Parable is not to be a direction unto us what we shall doe in point of exercise of any power with us but conteins simply a doctrine of providence what God will order to be the condition of his visible Church in this world and therefore to shew that Christ intended not any rule of precept of our duty in this sentence of the Parable vers 29 30. Nay let both grow together he doth not in his after exposition of the severall branches of the Parable insist at all on the branch mentioned to give any explication thereof and if it were any direction it must either look to Civil or Church power if to Civil power then since the tares are expresly interpreted to be the Children of the Devil and such as offend and doe iniquity and are as reprobates to be burned or damned vers 38. Then the worst wretches that live Murderers Buggerers Traytours c. must be all let alone in their sins and onely left to Christs Judgement at the last day And our opposites have least reason to stretch this Parable as respecting any restraint of the use of the Civil power when the very scope of it is not to tell us touching the state of the Civil Kingdome in this world but rather of the state of the Kingdome of God or the Ecclesiasticall part of the world the visible Church and if it look at any restraint of the use of power it striketh rather at the use of Church power but if it look at Church power then the Churches are not to censure Hereticks no not though obstinate contrary to Titus 3. No incestuous adulterous covetous Church-members contrary to 1 Cor. 5. And that the Parable never intended any abridgement of either powers in the just exercise thereof is evident in that it speaketh 1 Of such an extirpation of Offendours as is onely possible to Angels armed with Christs power and 2 Of an universal extirpation of all and every reprobate from among the company of the Elect neither of which hinders but that 1 To such particular offendours as may be rooted up by Civil and Church power without danger and hurt to godly ones as are obstinate seducers Hereticks and they may and ought so to be 2 Such particular Offendours which by their continuance amongst Gods people doe over-run and over-top them in such sort as they are hurt and endangered by them and they cannot grow and thrive spiritually by reason of them they may ought to be rooted out by both powers for if there be any force in the Parable in this way it is to shew that the tares are to be suffered in reference not to the hurt but to the good of the wheat so that which tends to the corrupting blasting and destruction of the wheat is therefore to be removed because hurtfull and pernicious to the wheat so that our opposites would gain nothing to their cause by pressing this Parable as directory that way to us but wee rather upon the reasons before going conceive it to be set down not as a direction or any Command of Christ enjoyning us thus or thus to doe but as a doctrinall instruction that God may and will in his providence suffer for a time mixtures of good and bad together elect and reprobate in his visible Church nor are we to fret or be discontented at his providence in it or to think that by any course wee can take it will be otherwise whilst and where ever we are in this world like to that speech of Paul 1 Cor. 5 10. Now in the close of all let it be considered whose doctrine doth most infringe true liberty of conscience those which would have every Christian left to the liberty of his owne conscience in matters of Religion which at least are not against the light of nature Law of Nations or those that maintaine the fore-named power of the Magistrate for suppose the Magistrate be a Christian he must be left to the liberty of his Conscience too as well as others Now if left to the Lesbian warping rule what if he in his own Conscience through temptation and errour be in most things a Papist which may stand with the Law
matters of Religion Let us now in the next place consider at the object of this coercive power of the Magistrate which in the state of the question we call the outward man the things wh ch the civill Magistrate as such doth command or forbid he commandeth or forbiddeth with immediate respect to the outward man The Magistrate as a Magistrate looketh immediately at the externall acts of the body and not at the internall acts of the soule it s his property as a civill Ruler to attend onely the duties and sinnes which appeare in the walke of the outward man Thus Calvin Beza Chemnitius Gerard and other Protestant Divines generally Quest Hereby also other objections receive answer as first Must Magistrates punish any man for being of a corrupt judgement or barely for an errour in his judgement or for having a corrupt heare and sundry lusts in it Answ We say no because whilst he keepeth his opinion to himselfe and whilest his lusts are confined within his breast he is to be left to the sword of the Spirit and to the Word of God thereby onely to be convinced the Magistrates power onely extending to the outward man but if either his mentall errours or hearts lust breake out into open expression and view and become scandalous and spreading then they become breaches of rules by the outward man yea tend to infringe that outward godly peace of which he is to be a preserver and so in both respects he is to deale with the same Object 2. Must a Magistrate command men to believe with all their heart to repent and mortifie their sins and lusts Answ We say no because these appertaine to the inward man and soule of man to attend so farre as they are inward but if we speake of any outward profession of these so farre he may command as to professe the faith by comming to heare the Word and to repent by publick fasting and prayer And if Princes have no power in such externall things then have they no power instrumentally to remove the wrath of God from their Kingdomes by generall humiliations Briefly now of the manner and means of the exercise of this power included in that phrase civilly we say not ecclesiastically as if he might put forth his power in a Church way by Church-weapons or censures but civilly or in a civill way or by civill censures or punishments Whence also other objections are answered as that the weapons of our warfare are not carnall but spirituall and that Paul sheweth a way of redressing all offences 1 Cor. 5.5 2 Tim. 2.25 and Faith comes by hearing and not by whipping when these places rather intend and shew a Church way of healing Church offences and doe no more exclude a Politicall way of healing offences in a Christian Common-wealth than an Economicall way of redressing disorders in the Family so the other place sheweth a spirituall means of drawing men to the Faith so that neither are pertinent to the case of the Civill power acting civilly nor doth this Assertion That the Magistrate is to be a terrour to all evill works applying the same to evill works forbidden in the first Table any more exclude the use of Church-discipline therein then it doth in matters of the second Table if applyed thereunto for the Church may proceed in her way to censure Ecclesiastically one and the same thing whether it be against the first or second Table which the Magistrate doth punish civilly The last thing to be explained in the state of the Question is touching the coercive power of the Magistrate namely Godly peace Now by Godly peace to which the Magistrate immediately looketh we mean a peaceable living as in all honesty so in godlines as the Apostle hath it 1 Tim. 2.1,2 So far as any matters of Religion coming under the Magistrates cognizance as a publick Officer in the Common-wealth doe either further or hinder such a peace of a Christian Common-wealth so far is he to put forth his coercive power accordingly Hereby also with reference to things before explained other Objections may receive answer as 1 Will you have Magistrates put forth their coercive power to the full in Lawes with Sanctions of punishments as that men shall pray in their Families so long or so oft or else suffer That a Minister in preaching if he exceed a just houre he must suffer and the like we say if either the matters be meerly circumstantiall or if they be matters of lesse moment and such as doe not of themselves any way infringe publick peace or that they are not pertinatiously tumultuously maintained to the disturbance of publick peace in all such like cases wherein the Civill Magistrate's end is not intrenched upon he may not exercise the coercive power of his Authority with sanction or execution of punishments 2 Will not this Thesis arme and stir up the Civill power in Old England against godly Orthodox ones of the Congregationall way or exasperate Civill power in New England against godly moderate and Orthodox Presbyterians if any such should desire their liberty here we conceive no except the civill disturbance of the more rigidly unpeaceably and corruptly minded be very great yet betwixt men godly and moderately minded on both sides the difference upon true and due search is found so small by judicious Orthodox godly and moderate Divines as that they may both stand together in peace and love if liberty should be desired by either sort here or there so exercising their liberty as the publick peace be not infringed The state of the Question in the explication thereof will rather quench then kindle any such coales against either If indeed persons professing either the Congregationall or Presbyteriall way will shelter or close either with other Blasphemous Hereticall or Schismaticall Tenents which tend to break the peace of the Congregationall way there where a Presbyteriall way is authorized to be the generall way of the Churches or the Presbyteriall way here where the Congregationall way is authorized to be the generall way of the Churches there they may be strained by the power of the Civil Magistrate as disturbers and breakers of godly peace the conservation whereof is the Civil Magistrates end and work unto which he is to attend Having thus cleared the state of the Question we shall now come to some Arguments from Scripture which confirme the Affirmative part of the question so stated and the Arguments are taken some from the old some from the New Testament Of the former sort there are three From the Old Testament Argum 1 1 In that it is evident that Rulers of old and those Rulers in the Common-wealth of Israel they are commended in Scripture for the exercise of such power in the matters of the first Table and therefore it is according to the mind of God that now civil Rulers do the like Abraham who was not an ordinary master of a family but a Prince among them Gen. 23.6 He