not of their own nation and religion then they performed by a confederate discipline what the magistrate was to enjoin and command them The confession of Basilartic 6. hath a notable saying speaking of the duty of magistrates to propagate the Gospell as they are magistrates This duty was enjoyned a magistrate of the gentils how much more ought it to be commended to the Christian magistrate being the Vicar of God If then the heathen magistrate fails of his duty in not propagating the Gospell those that live under him and are better minded ought to supply the part of the magistrate in that particular and yet in doing of that they do but perform their own duty and businesse like as a master leading his horse down the hill his man being out of the way doeth both his own businesse and that of his man and both employeth his own strength in guiding an unruly horse and supplieth that of his man or which expresseth more lively the thing in hand as the Duke of Somerset in training up Prince Edward in the true religion did both do his own duty and that of Henry the 8. his father who being wanting to his duty in shewing his power authority to have his son brought up in the true Protestant religion Somerset Cranmer and others were not to be wanting to theirs and yet were not to act by a power distinct from the power of the King for if so then when ever a power is exercised rightly and yet against an unlawfull command of a superiour we had need to give a new name to that power and there would be as many kinds of power as duties to be performed Having done with Origen I come to Ambrose whom I was to alledge upon the 1. of Timothy relating to the places of St. Paul and Origen and to the power of magistracy assumed by churches There he teacheth the custom both of the synagogues of Christian churches of having elders that composed in stead of the magistrate controversies arising amongst church-members saying that first synagogues and afterwards churches had elders without whose advice there was nothing done in the church and wondreth that in his time which was about the year 370 such men were out of use which he thinks came by the negligence or rather pride of some Doctors who thought it was beneath them to be esteemed the lesse in the church as S. Paul saith of them while they are to decide controversies not as judges invested with a coercive power but only as arbitrators and umpires But the true cause why these elders ceased which he wisheth had been still continued he mentioneth not but the true cause is when the magistrate that was for above 300. years heathenish became Christian these arbitrators and elders ceased in great part at least they were more out of churches then in churches and in stead of them the Emperours created judges which yet retained much of the nature of those whereof Origen and Ambrose speak and which were invested as most of the Lawyers affirm as Cujacius for one with them my Rev. Father in his book de Monarchia temporal and in his Hyperaspistes lib. 3. cap. 15. not with a coercive jurisdiction but as they term it audience hence comes the Bishops and Deanes and Chapters Audit However such arbitrators sate in a court and were chosen by the Christian Emperours and were not members as before ever since St. Pauls time chosen by the members of that church where the contention did arise betwixt brother and brother and at that time it was not thought a violation of the command of St. Paul if a wronged brother had gone to secular judges because they were not infidels but Christians faithfull and saints as the Apostle termeth them 1 Cor. 6. 2. therefore it was free for any lay-man or other either to repair to the Audit of the Bishop or to the secular judge Which custome Ambrose doth not like so well as when Jewes and Christians were obliged by the law of their discipline to have controversies decided by their own elders Certain it is that these elders though they were not as Ambrose wisht they had been in his time arbitrators in those churches whereof they were members kept that office a long time under Christian Emperours but with more authority and dignity because they were countenanced by the Emperours their masters We have them mentioned pretty late even in Theodosius Honorius and Arcadius time for in one law they enjoin that ordinary judges should decide the contentions between Jewes and Gentils not their own elders or arbitrators Thereupon it is worth considering that that title which in the Theodosian Code is de Episcopali audientia in the Justinian Code is de Episcopali judicio a main proof that these judgements in episcopall courts had much still of the nature of those references in churches under the heathen Emperours These episcopall courts were set up by the Emperours to favour the clergy that they might be judged in prima instantia by their own judges for if either party had not stood to the sentence of that court they might appeal to the secular court The words of the 28. Canon of the councell of Chalcedon are very expresse If a clerk hath a matter against a clerk let him not leave his Bishop and appeal to secular judgement but let the cause first be judged by his own Bishop Now this episcopall court being in substance the same power with that of the elders mentioned by Ambrose which were first in synagogues and then in Christian churches under the heathen Emperours one may plainly see how weak and sandy the grounds are upon which ecclesiasticall jurisdiction and the power of the keyes and of binding and loosing in the hands of church-officers is built which government say they is the government of Christ and is to be managed by those church-officers by a warrant from Christ the mediatour For Constantine erecting an episcopall court and empowering the judges of the court to decide causes and controversies did not intend to give them a commission of binding and loosing or to put into their hands the keyes of Heaven so delegating a power which was none of his to give but only granted what was in his own power namely that some magistrates under him should set all things in order in the church and among the clergy Besides he intended to set up that magistracy which was through the necessity of the times assumed first by synagogues then by Christian churches under persecution for sure Constantine did not place the power of the keyes of binding and loosing in the exercise of that power managed either by the elders which Ambrose mentioneth or by the episcopall court erected by himself Neither Constantine nor any of his successours did ever conceive that churches were to be governed by any other power then their own as all other societies of men were In this episcopall court any cause between man and man
clergy-man or not was decided capitall only excepted For matters of faith I confesse there be many Emperours sanctions forbidding secular courts to meddle with them but this doth not argue that the clergy had any power more then declarative not sancitive For 1. This very sanction that secular courts should not meddle with matters of faith was a law of the Emperour and the episcopall courts or synods could not challenge any power therein but by a commission from the Emperour 2. The Emperours did not conceive themselves obliged to receive lawes concerning faith from the Bishops or that coming from them they had a stamp of authority through all the Emperours dominions except they were approved of and ratified by them 3. The Emperours did not think themselves much obliged to receive lawes of doctrine and faith from the Bishops in regard that most of the lawes and constitutio is concerning the fundamentall points of faith were composed reduced and inserted into the Code without so much as taking counsell or advice of the Bishops though we never read that they ever complained thereof Only a late famous Lawyer and a Papist in his book de Iustinianei seculi moribus cap. 2. maketh a great complaint thereof which is a strong argument that the magistrate did not then acknowledge any ecclesiasticall power seated in the clergy 4. And the power that the Emperours challenged to belong solely to them to call synods to chuse members to review their acts to approve ratifie disannull or give them the vigour and strength of lawes obliging all churches and men to obedience either active or passive is an argument that what ever combined churches under the heathen Emperours did in calling of synods making lawes and decrees and requiring from all churches and church-members obedience to them the Emperours did not conceive otherwise of those acts of theirs but as of acts of magistracy taken up by consent for want of a Christian magistrate and which was to last no longer then till the time that God should send a Christian magistrate For had not these been the thoughts both of the Emperours and the Bishops at that time how came it that Constantine the Great the other Christian Emperours that came after him did not rather wish the Bishops clergy to call synods upon their own authority as they were wont to do and how came it that Oâ—ius Spiridion Paphnutius did not disswade Constantine from taking upon him to call synods telling him that it was more then did belong to him and speak in the language of Mr. Gillespie that ministers by virtue of their office are to call and assemble synods that it is altogether unreasonable that they should be abridged of what they had enjoyed for 300. years and now loose a main branch of their ecclesiasticall power that hitherto it was not so much as thought on that magistracy which is not a thing essentiall to the church should so far entrench upon the government of Christ wherewith the ministers are solely entrusted But these notions came not into the minds either of the Emperours or of Osius Eustatius Paphnutius and others nor of Hierom who questioned the validity of a synod that was not convocated by the Emperour These good men did not quarrell either at the convocation of synods or at the making or giving of lawes to churches by the sole authority of the Emperours 5. A further proof that neither the Emperours nor the Kings after the Roman Empire was broken in pieces conceived that Bishops and clergy-men had any judiciall power distinct from theirs is that for many 100. years in most parts of the Roman Empire as it then was Emperours and Kings kept state-assemblies where both clergy and laity sate and voted without any such distinction of power ecclesiasticall and civil I should here shew as I promised in the beginning of the chapter that the very heathens never knew any such distinction of power for although the law of nature and nations taught them that there must be a sacred function distinct from others yet they never knew nor understood that the jurisdiction of that function was distinct from that of the others for many thousand years neither the people of God nor the heathens knew any such distinction Aristotle in the third of his politicks ch 10. speaking of heroick Kings the Kings saith he were judges and moderators in all divine matters So was the Roman Senat both before and after it was governed by Emperours for it was wont to consecrate Emperours and the name of Pontifex Maximus of which they were so jealous was taken by the Emperours even till Gratians time In short they alwayes conceived that a common magistracy and soveraign power was made up of these two main ingredients viz. ceremonies about religion and humane lawes both put in trust with the soveraign magistrate One thing I cannot but observe that the very heathens by the light of nature have gone here beyond Mr. Gillespie For to confirm a common errour that the church jurisdiction is wholly independent from the magistrate and that the end of magistracy is only the protection of temporall life having nothing to do with promoting the eternall good of the soul to confirm I say this errour he teacheth us that magistracy is not subservient to the Kingdom of Jesus Christ the Mediatour ex natura rei But this errour is refuted by the very heathen namely Aristotle in his 3. book of Politicks ch 16. where he saith that the scope of politicks is not simply to live but to live well I should ask Mr. Gillespie when a magistrate turneth from heathenism to Christianity whether his first duty is not to seek the Kingdom of Heaven both for himself and all that are under his charge There is also a notable passage of Pareus among his Miscellanea Catechetica artic 11. aphoris 18. where he lamenteth that heathens should surpasse Christians in this particular in attributing more to the magistrate for ordering matters of religion and that they in this point should be more orthodox these be his words Ac sane dolendum est rectius in hoc capite sensisse olim ethnicos qui unanimi consensu regi suo demandarunt curam religionâ—s cultus Deorum idque persuasi tam jure naturae quam gentium As pregnant a proof that the same persons amongst the heathens had the managing of religious as well as civil affairs is that of Cicero in his Oration pro domo sua ad Pontifices the words are these Praeclare à majoribus nostris constitutum est quod vos eosdem religionibus Deorum immortalium summae reipublicae praeesse voluerunt ut amplissimi clarissimi cives rempublicam bene gerendo religiosissimi religiones sapienter interpretando rempublicam conservarent It was excellently well ordained by our ancestours that the same persons should be put in care with matters of religion and the supreme government of state that so whilst the most
commandeth the gift the other charity and a disposition sutable to the giver The magistrate setteth a day of humiliation but the pastor commandeth the setting of the heart apart from the world All this serves to answer all the arguments of Mr. Gillespie drawn from one and twenty places of Scripture in the belief of his ecclesiasticall jurisdiction The place 1 Tim. 5. v. 19. against an elder c. he much urgeth but the following verse sheweth that in that context there is no mention of a church-judicatory where men are convented witnesses confronted and heard and a judiciall sentence pronounced It is the duty of pastors to reprove sin and sinners privately if the offence be private and publickly and in an open assembly if the sin be committed in the face of the church and to the scandall of all and yet S. Paul giveth a good caveat that the pastor of the church should not lightly ayme at and point at any man specially an elder and give credit to rumours but be throughly informed This rebuke is no excommunication nor a denouncing of church censure but of the judgements of God But were there any such thing in St. Pauls time as a church-judicatory judicious and learned Mr. Lightfoot will tell Mr. Gillespie that it were no inconveniency to say that even in St. Pauls time Christian churches being modelled after the platform of Jewish synagogues besides ministery in them had also magistracy and that it were neither improbable nor irrationall to interpret the place 1 Tim. 5. v. 17. according to that rule See him on the 5. of the 1. Cor. in his Harmony Which being granted the 19. verse will very well admit the same interpretation But let us take a generall view of all the 21. arguments of Mr. Gillespie If it be possible for any man to make something of nothing Mr. Gillespie hath that art for he thinks all is fish that comes to his net like the Papists who if they do but read of fire of a pot of a valley of a ditch it is enough for them there to find purgatory Thus Mr. Gillespie where he findeth the words reject rebuke beware take heed flee note put away withdraw weapon sword there he will be sure to have presbyteriall jurisdiction and power of excommunicating Who would think that Galat. 5. v. 12. I would they were even cut off which trouble you could serve his turn and yet he bestows three pages in striking excommunication out of this flint That noble passage 2 Cor. 10. 4 c. where the spirituall weapons are lively set out he understandeth of excommunication p. 292. and in verse 6. and having in readinesse to revenge all disobedience he findeth ecclesiasticall power and censure no lesse then that of excommunication But of all places I much wonder he can paraphrase 2 Cor. 2. 8. for ecclesiasticall power and excommunication I beseech you that you would confirm your love towards him that is as Mr. Gillespie expoundeth p. 290. I beseech you to shew your judiciall power in absolving the incestuous man from the sentence of excommunication Of the same weight is that proof of ecclesiasticall power and excommunication out of Revel 2. v. 14. and 20. where he saith the church of Pergamus is censured for not censuring that is for not excommunicating the woman Jezebel T is a wonder he doth not make the very censuring of the church of Pergamus to be excommunication Such proofs sometimes fall from the most eminent of them as when the Rever Assembly to prove a government of church-officers distinct from the civil magistrate alledgeth in the margin Esaias 9. v. 6 7. meerly because the word government is there mentioned for without that the place that speaketh of Gog and Magog had been as valid an argument for a church-government and for excommunication as that of Esaias where it is meerly intended to describe the Godhead of Christ the assumption of humane nature and 〈◊〉 gloriousnesse and strength of his spirituall and mysticall kingdom Yet trust I needs say thus much of the reverend Assembly that in grounding the government of church-officers upon that place of Esaias they have followed the sense of all their presbyterian brethren who making two powers of the keyes one of science of which Jesus Christ speaks Luc. 11. v. 52. and another of authority under which they comprehend the power of censuring excommunicating and making lawes authoritatively they have no other authority for it then this place of Esaias and another Apocaly p. 3. 7. where Christ is said to have the key of David with which as he openeth no man shutteth so he shutteth no man openeth which place in my opinion is no stronger a plea for an ecclesiasticall and externall government placed in the hands of church officers then the place of Esaias alledged by the Rever Assembly for this place as well as the other as Beza noteth upon Revel 3. 7. speaketh of the mysticall Kingdom of Christ that hath no end of which Luc. 1. v. 32. 33. but of this power in the hands of church-officers we are to speak in the ensuing chapter CHAPTER XIV That the power of the keyes and of binding and loosing are not committed to all church-officers but to the ministers of the Gospell only IN the third place we are to take notice that the Rever Assembly doth not declare nor Mr. Gillespie what they mean by church-officers whether the dispencers of the word and Sacraments only or with them the lay-elders deacons for they invest them promiscuously with the power of the keyes of binding and loosing and of remitting and retaining sins against the opinion of Amyraldus Walaeus Apollonius and most of the presbyterians who attribute the power of the keyes only to ministers ordained as indeed it doth not belong to any others to preach and to administer the sacraments Therefore one would have expected the assembly should make some distinction both of officers and power It may be by the word respectively they meant that a part of the power of the keyes and of binding and loosing doth belong to lay-elders as far as concerneth governing and censuring but to the ministers belongeth not only the same portion of power common to lay-elders but over and above the power of preaching administring the sacraments voting in synods and determining authoritatively of controversies of faith But how can they make good by the Scripture that lay-elders are invested with the power of the keyes and of binding and loosing since this power was bequeathed only to Peter and with him to all the ministers of the Gospell as ambassadors from Christ to whom God hath committed the word of reconciliation 2 Cor. 5. v. 19 20 Is there any mention in the Scripture of church-officers that have a power of the keyes and of binding and loosing and yet have not the word of reconciliation committed to them I cannot deny but that God sometimes maketh use of private men to bind and to loose
this old form saith he hath remained to the having even in our dayes a medley of clergy and laity in our courts of Parliament But I foresee that some of the presbyterian brethren will take me at advantage for saying that ministers may vote in synods and there being invested with judiciall authority make canons lawes and constitutions which bind churches to obedience for if they may have that judiciall power in Parliaments which doth oblige all men and societies and so churches to obedience why may not they have the same right power in synods I hope the rever brethren will not so require me for my pains in being their advocate retorting my plea made in their behalf against my self But I willingly grant that the ministers of the Gospell have alike power of sitting and voting in synods and in supreme courts of the magistrate but how viz. if they be called to it by the magistrate and so their acts whether they sit in synods or Parliaments are a production of the magistrates jurisdiction delegated to them and as such they oblige all men societies and churches Besides as I said ministers sitting in Parliaments and synods do discourse and debate matters touching doctrine church-discipline as ministers of the Gospell but they reduce what they discoursed of into lawes and stamp their authority and sanction upon it as men invested with judiciall authority from the magistrate just as I said of physitians who vote in Parliaments not as such but as judges of the land Against the ministers sitting and voting in Parliament it may be objected that thereby they would be kept off from the main care they are to attend which is over souls and from the preaching of the Gospell I answer 1. that their particular calling which is to be ministers of the Gospell ought not to keep them off from a moderate taking care and looking over things that are of lesse concernment as that of familie land estate suits in law much lesse to mind the generall good of the nation in which religion and peace are mainly concerned 2. There being two branches of the power of the magistrate one of legislation the other of jurisdiction this latter power is exercised by judges Mayors Sheriffs Sergeants and the like This power as men that have otherwise a constant profession which taketh them wholly up as physitians souldiers marineâ—s and the like cannot well manage so neither ministers of the Gospell but for the power of legislation the managing of which doth not take a man up so much there is no doubt but that as a physitian may take it upon him so also may a minister For the making of a law is like the making of a coach which being made in few dayes will be many years adriving by the coach-man before there be need of a new one so in a well-constituted state a good law which requireth but a little time to make it will continue many hundred years A minister may be well dispensed with for a little intermission of his ordinary calling to contribute his counsell to the making a law which may be of very good use a long time though there be no need he should busie himself further like a coach-driver to see by a power 〈◊〉 jurisdiction the law to take right course and be well obeyed I believe if in the first Parliament of Queen Elizabeth that drove away popery and settled the Protestant religion many of the godly ministers that suffered persecution in Queen Maries days had been sitting and voting in Parliament the then-reformation would have been much more compleat 3. Some ministers may be found whose parts lye lesse for preaching and more for government and who have wise politick heads why may not such be fit members in Parliament 4. As there is no reason to deprive a man of his right because he cannot alwayes attend to make use of it so must not a minister be devested of his right to sit in Parliament because it may be he cannot alwayes attend it A physitian would be loth because of his great practise to be made incapable to sit in Parliament so would a Divine however much taken up with the work of his ministery The premisses considered I conceive that the Rever Assembly doth part with its own right when they say in the last section of the third chapter that synods and councells are to conclude nothing but what is ecclesiasticall and are not to intermeddle with civil affairs unlesse by way of humble petition in cases extraordinary or by way of advice for satisfaction of consciences if they be thereunto required by the civil magistrate By which as they seem to keep off magistrates and lay-men from sitting and voting in synods so they bar themselves from sitting and voting in Parliament But if such assemblies as were the great Sanedrim the synagogues of the Jewes the conventions that I have mentioned for 7. or 8. hundred years in Christian states the politick ecclesiasticall Senates among the Helvetians and that which was settled in the first reformation by the Prince Palatine of the Rhene if I say such assemblies in which there is a mixture of men and causes are lawfull as indeed it were very fit there should be no assemblies of publick concernment but of this nature why may not in these assemblies lay-men conclude in ecclesiasticall matters and ministers in civil If they may not or it must be with distinction and caution how shall the conscience of a man sitting in those assemblies if he be a lay-man be resolved when he may intermeddle while ecclesiasticall matters are debated and likewise if civil things be in agitation how far a minister sitting in the same company may interpose vote must when civil affairs are handled the ecclesiasticall persons first be required to vote or must they petition to have that liberty It may be they mean that when the assemblie is upon ecclesiasticall affairs that then the laity should likewise petition the clergy for a liberty of voting and intermeddling But suppose a member of this assembly be both a States-man and an elder of a church and therefore an ecclesiasticall man must he change his name and personage as the nature of the matter handled requireth professing not to interpose in such a businesse in the capacity of a church-officer but as a member of the Commonwealth And how shall the conscience of a man be resolved what is an ecclesiasticall affair what a civil that he may not doubt when he may vote and intermeddle when he must sit mute and silent or go out of the assembly For the casuists have not yet determined what is ecclesiasticall what civil for some of them make the discipline of the church of humane constitution and therefore to be ordered directed and commanded by the same power that giveth sanction to all humane lawes And if it be put to the question when how often in what place synods are to be convened what time they must
sit what matter they must handle may not the lay-man then interpose as in a businesse of his classis may not also ecclesiasticall persons do the like Besides 100. constitutions may be found of such a mixt nature that it is not yet resolved what classis they pertain unto whether ecclesiasticall or civil such are the lawes about wills marriages tithes tenths usury collections for the poor appointing of dayes for fasting or thanksgiving lawes for pious uses and the like Will this expedient serve to resolve the conscience viz. if such an assembly of mixt persons and causes be named neither a councell or synod nor a civil judicatory but an assembly or some other name participating of the nature of both as if names could alter the nature of the thing and satisfy the conscience In short I believe the reverend assembly both wrong themselves and no way satisfy mens minds and consciences in not stating what is ecclesiasticall what is not and how far this or that man may meddle in ecclesiasticall and civil matters what name is to be given to this or that assembly I am crowded with matter that were worth deciding about synods which argument I handled largely in the 22. and 23. chapters of my Paraenesis The power of synods is decisive directive and declarative they decide by way of discussion and disputation they direct by way of counsell and they declare their opinions as expert and well known and read in the thing that is in question Coercive and judiciall power they have none but what is delegated from the magistrate or from private churches so that though the authority of a synod is greater then that of a private church yet the power of that church is greater then that of a synod If there be an union of churches as there ought to be even under an orthodox magistrate all canons and decrees are no otherwise binding as laws then as they have the stamp of magistracy upon them Supremi magistratus approbatio est supremum arrestum ut loquuntur saith Festus Hommius disp 18. thes 4 and disp 17. thes 3. the approbation of the magistrate is the supreme decree And not only reformers but also some Romanists namely the authour of the Review of the councill of Trent a learned book and which the learned Dr. Langbane thought his pains worthy in his youth to turn into English Lib. 3. cap. 13. the Emperour as is commonly known the Monarch of churches is president to the synodall sentences gives them force composeth ecclesiasticall orders giveth law life and policy to those that serve at the altar Is it credible that a Romanist should be of a more sincere judgement in this matter then a reformed Christian such as Mr. Gillespie Those that are for a judiciall power of synods over churches do alledge the synod of the Apostles which being infallible is no example to us no more then the miracles of Christ and the Apostles argue that ordinary ministers must work miracles When private churches can be sure that a synod in these dayes is led by such a spirit of infallibility they may yield to it without disputing yet not without examining as did those of Beroea who tryed the Sermon of St. Paul whether it was agreeable to other scriptures and were there now a synod made up of 40. or 50. men like Peter and Paul a church should reverence their orders but yet that synod should have no coercive jurisdiction over the church but such as overcometh the inward man by perswasion and leadeth him as it were captive to the obedience of truth And in case men and churches were not perswaded or did delay obedience and submission I say that such an Apostolicall synod could bring neither churches nor men to an outward conformity to their sentences lawes and decrees without a power delâ—…ated from the magistrate or some magistracy seated in churches Let us come to the second section As magistrates may lawfully call a synod of ministers and other fit persons to consult and advise with about matters of religion so if magistrates be open enemies to the church the ministers of Christ of themselves by vertue of their office or they with other fit persons upon delegation from their churches may meet together in such assemblies There is nothing in this section but I will willingly grant 1. They yield that magistrates may call synods 2. that a synod is an assembly of men convocated by the magistrate 3. who are to advise the magistrate about ordering matters of religion and discipline 4. under an orthodox magistrate as synods receive their jurisdiction from the magistrate so private churches under them ought to receive their orders and constitutions as lawes of the magistrate but under an heterodox magistrate synods receive their authority from private churches so that canons and decrees of synods are so far valid as they are approved or ratified by private churches that have conferred the power they being then in lieu of the magistrate The generall assembly of Scotland perceiving that this article doth much weaken ecclesiasticall power under an orthodox magistrate hath thought fit in their generall assembly at Edenburgh Aug. 27. sess 23. to put a glosse or comment upon it saying that the assembly understandeth some part of the second article of the thirty first chapter only of Kirks not settled or constituted in point of government and that although in such Kirks a synod of ministers and other fit persons may be called by the magistrates authority and nomination without any other call to consult and advise with about matters of religion and although likewise the ministers of Christ without delegation from their churches may of themselves and by vertue of their office meet together synodically in such Kirks not yet constituted yet neither of these ought to be done in Kirks constituted and settled So they will have the second article to be understood of churches not constituted or settled in which case they say the magistrate may call synods else they say it doth not belong to him but to the ministers who then ought to assemble of themselves without any commission from the magistrate which is expressely against the literall meaning of the second article which as all others of the confession is of things that are to be received believed and practised at all times and which they count of Divine right and for which therefore they alledge places of Scripture namely Isa 49. v. 23. Kings shall be thy nursing fathers a place which in my opinion maketh little to the purpose no more then the place out of 1. Tim. 2. v. 2. where we are bidden to pray for Kings doth to prove the power of magistrates in calling of synods Neither doth that place 2 Chronic. 19. v. 9. c. avail much but only that magistrates may call and constitute assemblies in generall for there is no speech there of any ecclesiasticall assemblies for they were not yet thought on at that time The 29.
noble and renowned citizens should see to the right ordering of the Common-wealth and the most religious to the right interpreting of religious matters the frame of the Commonwealth might be preserved and secured But I will not enter farther into this large subject handled by others CHAPTER XXV That ecclesiasticall jurisdiction as it is held by the Romish church better agreeth with reason and the letter of the Scripture then that of the presbyterian brethren That some Romanists have ascribed more power to the magistrate in sacred things then the presbyterian brethren THat ecclesiasticall power of deposing excommunicating and making lawes authoritatively as it is assumed by the Pope and the Romish clergy is not only more consonant to reason and the literall sense of the Scripture but also very agreeable with their corrupt principles in doctrine and practise whereas quite contrary the ecclesiasticall power with all its appurtenances as it is assumed and held by the presbyterians is altogether dissonant from the holinesse of their life and doctrine and is more repugnant to reason the letter of the Scripture 1. Neither the papists nor the presbyterians have any expresse place of Scripture for a double jurisdiction except they both make use of that of St. Luc. 22. v. 38. alledged by Bonifacius the 8. behold here are two swords 2. Though the Popes speak big of their jurisdiction as distinct from the magiâ—…trates jurisdiction yet de facto they make of two but one in that they subordinate the temporall jurisdiction to the spirituall conceiving it altogether inconvenient to constitute two coordinate powers since one must be supreme and the supreme must include the inferiour and that the end of the temporall being subordinate to the end of the spirituall those that have the managing of the temporall jurisdiction must likewise be subordinate and subject to the spirituall jurisdiction These are the arguments of Bonifacius and Bellarmin and upon these grounds all states and magistrates being but ministers of God in managing the temporall power must be obedient to all acts and sentences of the spirituall jurisdiction which the ministers of God in the Gospell are entrusted with so that the magistrates power being subordinate to the ecclesiasticall all appeals from civil judicatories must be valid and so all sentences of excommunications of what persons soever But the same ecclesiasticall power as it is challenged by the presbyterians to be coordinate to the power of the magistrate rendreth all acts of excommunication altogether unreasonable and unwarrantable For it is but reasonable that a man should submit to a power that is either subordinate to another or that hath no supreme or collateral but it would trouble one to be sentenced by a power that is neither soveraign nor subordinate as is the ecclesiasticall Neither is it lesse unreasonable that the same man subject both to the ecclesiasticall and the civil power being condemned by one of the powers cannot so much as seek for remedy in the court of that power that ought to give him defence and protection The Pope well foresaw he could not depose a King except the power of the King were subordinate to that of the Pope But Zanchius and some others though they do not make the temporall power subordinate to the spirituall yet they hold that Kings and magistrates are no lesse subject to the censure of excommunication then the meanest member of a church 3. The denosing of a King or other magistrate is a result 〈…〉 flowing from excommunication for if by excommunication a man is made a member of Satan whose addresse conversation company is to be avoided by all good men it comes much to one pass either to depose him or to put him into such a condition in which he hath but the name of a King which is done by excommunication And therefore Emanuel Sa well expresseth the sense of the Romanists and with it the true consequence of excommunication which indeed if there be such a thing must be as he defines it aphoris verbo excommunicationis An excommunicated person is suspended from his office and benefice and cannot judge accuse or witnesse § 27. But that excommunication held by presbyterians by which Kings excommunicated may still retain their authority and power as before is altogether inconsistent with reason Can a man delivered to Satan make lawes obliging for conscience sake Can a soveraign put to shame and confusion yea execration by a sentence of excommunication be trusted by his subjects or can a subject excommunicated and rejected by such a solemn act as unworthy to have any communion with Christians be entrusted by his soveraign with the managing of the great affairs of state by which union communion is maintained among all ranks of people 4. Excommunication is very agreeable with the headship of the Pope under Christ in the government of the Catholick church for he doth but expell a man out of the pale that bounds his jurisdiction But a minister or a presbytery excommunicating either a King or any other man cannot say that their excommunication extendeth as far as the bounds of their jurisdiction since they have not yet defined how far it extendeth surely not so far as and no further then the jurisdiction of the magistrate under which they live for the ecclesiasticall and spirituall jurisdiction is not limited by mens bounds for it is like the place of the Angels one may say they are here but one cannot say that they are not there If it reacheth all over the world then a presbytery of Scotland may as well excommunicate a man in Germany as in Scotland 5. The Papists arguments namely Bellarmin's and others are very urging that supposing there be but one true church and body of Christ and that that church and body is the Româ—sh church there cannot be a Common-wealth within another Commonwealth and a jurisdiction within another jurisdiction except one be subordinate to the other and one depend on the other therefore that either the spirituall power must depend on the temporall or the temporall on the spirituall for fear of a continuall clashing and conflict But our brethren not allowing the necessity of dependance of one jurisdiction on the other do unavoidably run upon many rocks of inconveniences which the papists prudently avoid such as is an endlesse crossing and thwarting of contrary laws commands and orders one of the other while men do not know which to obey first as I have largely shewed in the 15. chapter of my Paraenesis 6. Besides it doth very well stand to reason what the Romanists would have that one body of a church should have one governour and one government which is that of Christ but so doth it not that the presbyterian government should be the government of Christ and yet not be received by all the members of the church of Christ as they cannot deny but that there are many churches which yet do not hold presbytery to be the government of Christ
I humbly conceive that Gods work which is also your work in settling religion is half done to your hands For all jurisdiction now streaming from one jurisdiction even from that of the Soveraign Magistrate that religion cannot chuse but be well settled which retaining soundnesse in doctrine and holinesse in life is harboured under such a church-government as hath no clashing with that of the Magistrate Such as I humbly conceive may be established by setting up Overseers and Bishops over Ministers and Churches with whom if the right of private Churches can but stand be kept inviolable as no doubt but it may no government can be imagined more preserving conformity in doctrine and discipline besides banishing all jurisdiction which steps between magistracy the inward jurisdiction of the spirit of God in the word over mens minds hearts and thereby making all the church-judicatory power more naturally flowing from and depending upon the Magistrate and easing him by this compendious way of inspection by a few good mens eyes who may have a particular oversight of the affairs of the Church And thus by such a tempered government the four parties namely the Episcopall the Erastian the brethren of the Presbytery and of the Congregationall way will have a ground for reconciliation obtain with some condescension what every one of them desireth The Lord make you his instruments to make up all breaches among brethren and to bring to passe what hitherto hath been rather desired then effected 〈◊〉 settling the reformed Protestant religion in the purest way of reformation and commending your modell and labours therein to other Churches abroad that as the English Nation for purity of doctrine power of godliness hospitality and bowels of mercy toward strangers the persecuted members of Christ hath hitherto gone beyond all the world so you may be instruments to preserve those blessed priviledges by further promoting the interest of Iesus Christ particularly by clearing and removing the mistakes and misunderstandings from many of our brethren beyond the seas who by the suggestions and false informations of some enemies to the people of God in this Island or of friends to Popery superstition and formality are as ready to misapprehend the wayes of God amongst us as these are to slaunder them and to join with them in giving credit that with the English hierarchy and liturgy all religion and fear of God is banished out of this Nation where there is neither Episcopall nor Presbyteriall ordination no uniformity of discipline yea no discipline at all no catechizing enjoined or performed no Creed no Decalogue no Lords prayer rehearsed in Churches nor any Scripture publickly read to the people nor the Sacrament of the Eucharist constantly administred thus cloathing what truth there may be in all these with the cloak of rash and uncharitable construction as others do cloth it with the cloak of malice and lying I doubt not but that by your piety and wisdom as you will stop the mouth of slaunder so you will give no occasion to the Reformed and Godly to conceive amiss of your godly proceedings A TABLE Of the CONTENTS Chap. I. OF the nature of power authority That there are but two ways to bring men to yield obedience either by a coactive power or by perswading them by advice and counsell That there is no medium betwixt command and counsell which sheweth that Ecclesiasticall jurisdiction is a name without a thing not being exercised by either of them The division of power and of the subordination and coordination of powers Many errours and mistakes are discovered about subordination and coordination of powers That the power called Ecclesiasticall doth signifie nothing and such as it is is subordinate to that of the Magistrate Fol. 1 Chap. II. Of the nature and division of right divine and humane In vain do they call things of divine positive right which are acted by a naturall right such are many church acts Things that are of divine right may be said to be of humane right and on the contrary those things that are of humane right may be said to be of divine right which is an argument that by right power cannot be divided betwixt clergy and laity 25 Chap. III. The nature matter form and author of law The canons and sentences of Church-judicatories have no force of law except they receive it from the sanction of the magistrate The defects in the division of laws into Divine and humane into morall ceremoniall and politick and into Ecclesiasticall and civil 34 Chap. IV. Of the nature of judgement what judgement every private man hath what the magistrate and what ministers synods and church-judicatories They have no definitive judgement as Mr. Rutherfurd asserts but the magistrate hath the greatest share in definitive judgements which is proved by some passages of Mr. Rutherfurd and of Pareus and Rivetus Who is the judge of controversies 44 Chap. V. An examination of the 30. chapter of the confession of faith made by the Rever Assembly of Divines That in their Assembly they assumed no jurisdiction nor had any delegâ—…d to them from the magistrate and therefore were not to attribute it to their brethren That the ecclesiasticall jurisdiction is the same with the magistrates jurisdiction Mr. Gillespies reasons examined 53 Chap. VI. Whether Iesus Christ hath appointed a jurisdiction called ecclesiasticall as King and head of his Church Of the nature of the Kingdom of God In what sense the magistrate is head of the Church 65 Chap. VII The strength of Mr. Gillespies reasons to disprove that the magistrate is not chief governour of the church under Christ examined 76 Chap. VIII Mr. Gillespies manifest contradictions in stating the magistrates power in matters of Religion 83 Chap. IX The concessions of Mr. Gillespie which come to nothing by the multitude of his evasions and distinctions The vanity and nullity of his and other mens divisions and distinctions of power Martyr Musculus Gualterus alledged against the naming of a power ecclesiasticall when it is in truth the magistrates power The positions of Maccovius about the power of the magistrate in sacred things not hitherto answered by any 91 Chap. X. Whether the Lord Iesus Christ hath appointed as the Rever Assembly saith officers in government distinct from the magistrate The strength of the place 2 Chron. 19. by them alledged examined That the elders in that place are not church-officers An answer to Mr. Gillespies arguments endeavouring to prove that Iosaphat appointed two courts one ecclesiasticall another civil 108 Chap. XI A case propounded by Mr. Cesar Calandrin which he conceiveth to assert a double jurisdiction examined Of the two courts one of magistracy or externall the other of conscience or internall That ecclesiasticall jurisdiction must belong to one of them or to none 119 Chap. XII Of the nature of calling to the ministery Ministers are not called by men but by God by a succession not of ordination but providence The plea
Lord neither do I â—…sse honour the churches of Scotland then those of France I would fain make all churches and brethren friends without prejudice to the truth which I conceive I can retain inviolable by that temperament I have followed which giveth unto the magistrate his due and to private churches their right which denyeth not the presbyterians a discipline but only groundeth it upon a firmer and steadier foundation then they have hitherto done themselves The Lord reveal these truths which are very much subservient to saving truths to all sorts of people that so the minds of the people of God may be more settled and united to retain the foundation that is in Christ Iesus not by constraint and by an externall coercive jurisdiction but with a ready mind and that others who are otherwise led captive by their errors and ignorance in doctrine but much more swayed by this mystery of iniquity or ecclesiasticall jurisdiction may now by the discovery of this truth get freedom and by it the knowledge of saving truths hid from them because of their bondage Thus the truth of that saying of the Lord Iesus will be more manifest If ye know the truth ye shall be free indeed Did but those of the Romish communion understand that all Papall Episcopall Presbyteriall and Ecclesiasticall jurisdiction which is not subordinate to the power of magistracy is repugnant to Scripture and reason they would soon by the knowledge of this one truth recover their liberty and with it the opportunity of having saving truths taught them lying no longer in shackles for fear of men which though imaginarie ones have kept them in as much captivity as if they had been really of iron For the ecclesiasticall jurisdiction and excommunication the product of it put forth and exercised over magistrates and people by inconsiderable men for coercive power have hitherto been like to a child leading about an Elephant with a thred who if he knew his own strength would lead the strongest man that is with a single hair In short all ecclesiasticall jurisdiction without a power of magistracy is like the feathers of an arrow which can never hit nor have a direct motion but with the wood to which it is adjoyned The feathers alone may be made to fly at one but never to hurt or make any impression I will conclude this Preface with the words of Antonius de Dominis lib. 5. de rep cap. 2. who says that all ecclesiasticall jurisdiction is ineffectuall without a power of magistracy Nihil sine potestate laica obtinebimus neminem ecclesiastica potestate possumus extrudere abripere expellere If this which is the substance and the whole drift of my book can be made out to me not to be Scripture and reason I will not obstinatly maintain either this or any other errour but acknowledge it both to God and man as I ought continually all those of my life which as I hope God will forgive me so till I be otherwise taught I crave no pardon either of God or man for holding this which to some is an errour but to me and I hope in Gods good time it shall be so to others as clear a truth as that two and two are four ERRATA Pag. 121. l. 16. read to whom I give thanks Pag. 242. l. 11. dele common Pag. 215. l. 2. read Cornelius Nepos saith Pag. 292. l. 27. read next to the magistrates who have Pag. 311. l. 14. for was read is Pag. 355. l. 2. read supra quam Of the Right of CHVRCHES And of The Magistrates power over them CHAPTER I. OF the nature of power and authority That there are but two wayes to bring men to yield obedience either by a coactive power or by perswading them by advice counsell That there is no medium betwixt command and counsell which sheweth that Ecclesiasticall jurisdiction is a name without a thing not being exercised by either of them The division of power and of the subordination and coordination of powers Many errours and mistakes are discovered about subordination and coordination of powers That the power called Ecclesiasticall doth signifie nothing and such as it is is subordinate to that of the Magistrate THe nature of power right command obedience function law judgement are so twisted together and linked that it is not possible to treat of one alone for as the perfection of power is command so power is exercised with lawes by those that have right to it and a function in the state obedience is a yielding to power command lawes counsells and advices The word Potestas power denotes three things Person Right and Office Often it is taken for the person or persons that are the soveraign Magistrate it is also opposite to jus or right thus Tacitus in the third Book of his annals saith that right is weakned when power comes in In a large sense it is defined A faculty to bring any thing to passe either by right or by wrong or thus A faculty in the agent to move it self towards the patient either necessarily or at the will of the agent necessarily in a naturall body but arbitrarily in an intelligence either Divine or Angelicall and humane Authority as it hath relation to man is a faculty in the agent to move it self at the will of the patient for power is exercised over men against their will but authority is over those that willingly yield and are perswaded and convinced yet sometimes power and authority are promiscuously used But philosophers humanists and statists usually ascribe authority to men and writings that put no coercion or force to mens actions thus they attribute great authority to the placita and responsa of wise and prudent men whose judgements dictates and definitions who ever giveth no credit 〈◊〉 is taxed of foolishnesse not of rebellion or disobedience and so to men commendable for their age wisedome prudence and experience as the Heathens did to their Plato Socrates Aristoteles Zeno Princes of Schools who captivated the minds not the bodies of their hearers 'T is in that sense Cicero in his first Book of Offices in the very beginning speaks of the great authority that Cratippus and Athens had though neither of them had power either of legislation or of jurisdiction and in his Epistles he often mentioneth those that were in great favour and authority with Caesar and Pompey although they had no power of jurisdiction over them Albeit Grammarians should put no difference betwixt power authority yet nature custome and the practise of all nations yea the holy Scripture distinguisheth power of jurisdiction and command which imposeth penalties upon the transgressours from that authority which enforceth not the outward man but only worketh upon the soul perswadeth and begetteth belief respect and reverence Power of jurisdiction is alwayes attended with command and followed with obedience either active or passive to the command of the power but authority being for the most part attended with some of
these old age gravity wisedome prudence experience strength of reason eloquence by its exhortations dehortations counsells produceth in those that are wrought upon and perswaded the effect of obedience not with constraint but freely and voluntarily not for fear of punishment to be inflicted by men in case of non-obedience but either may be for fear of offending God or because strength of reason maketh one yield to a truth or one yields to authority to avoâ—d an evill or purchase some good Briefly the holy Scripture reason mans wisedome and reach nature and custome yea all tongues of men can utter or imagine but two wayes by which a man is drawn to yield obedience or put upon that duty to obey and yield either because the command of a power puts a force or penalty on the outward man or because the authority of counsell advice and exhortation hath so convinced the inward man and perswaded him that it must needs move the outward to yield an obey Plautus in Bacchides act 4. sc 7. could say ego neque te jubeo neque veto neque suadeo I neither bid thee nor forbid thee nor yet perswade thee Sure the holy Scripture maketh use but of these two wayes to draw obedience from a man 2. Thessal 3. v. 12. We command and exhort you Curtius lib. 5. speaking of the souldiers of Darius who were rather drawn by command then that they approved his counsell saith Regis imperium magis quam consilium sequebantur and Livy in his 29. book nec imperium illud meum sed consilium this is not my command but advice So in all states councels assemblies civill or religious men bring their designes to an end either by advising and counselling or making lawes and constitutions in order to their commands Cicero in his Oration for Rabirius saith that the soveraign counsell is seated in the Senate but the soveraign command in the Consuls and Tacitus speaking of the Germane and Gallick Kings saith that they were endowed with a perswasive power but not with a commanding power so Curtius lib. 6. of the Kings of Macedon in capitall matters the power of the Kings was little worth except they could by their authority perswade The like may we say of the power of Synods or church-assemblies without a power of magistracy that their canons and decrees except men be convinced and perswaded to yield and assent are of small validity The most learned Divines did never put a medium between command and counsell or advice Thus Rivet upon the decalogue there is some subjection of the Magistrate to the Ecclesiasticall colledge but such as is not a power of jurisdiction as under a command but of direction and counsell And in the same place We say that the Magistrate doth not depend on any so that we do not exclude counsell but commâ—nd for it is one thing to make use of counsâ—ll another to submit himself to command So for matter of law as we shall see somewhere else which is a product of power if it doth not put a penalty upon the transgressours of it it is a mere counsell and advice So saith Campanella real Philosoph cap. 4. apoph 12. Lex nulla potest esse sine poena ubi non exprimitur est arbitraria alioqui consilium erit non lex My reverend Father in an Epistle to Subrandus Lubâ—rtâ—s and in his book of the temporall monarchâ—e of the Pope ch 8. saith take away the coâ—ctive power in judges then their judgements are but counsells since the execution dependeth on the will of man Under counsell â—…ank entreaty warning exhortation dehortation counsell perswadeth command compelleth and is an act of jurisdiction 〈◊〉 defined by the Lawyers potestas jus dicendi etiam in nolentem a power which giveth law to the unwilling whereas the other if it be jurisdiction and so may I call it though it be but a product of the inward jurisdiction it is over those that from unwilling are made willing such is the jurisdiction of the power of the keyes by the preaching of the Gospell As I know no medium betwixt these so I do not conceive that a jurisdiction presbyteriall classicall synodicall or even congregationall can ever have any workings that run in a middle channell and are neither acts of magistracy nor of counsell and advice but a consistory or synod must needs exercise either one of these two jurisdâ—ctions singly or both jointly For example a synod of Dordrecht dispensing both jurisdictions the one from Christ the other from the magistrate may by the one convince some remonstrant ministers of the truth of the five points handled but by the other jurisdiction they will remove the obstinate remonstrants from their flock Thus a synode of Arians if authorised by the magistrate may compell the orthodox Bishops to relinquish their sees but never perswade them to change their opinions But the Ecclesiasticall history affordeth us a notable example proving the nullity of Ecclesiasticall and Presbyteriall power which is neither advice counsell nor the inward jurisdiction by which the inward man is perswaded and convinced nor a power of magistracy compelling the outward man to obedience Paulus Samosatenus being by a Synod of Antioch excommunicated and deposed from his see and one Domnus voted to be in his place Paulus slighting the synods judgement and the synod being not invested with any power to execute their sentence against Paulus Samosatenus had recourse to their Emperour Aurelianus a heathen who not onely judged in the behalf of the synod of Antioch but actually outed Paulus and put Domnus in his place This history we have in the seventh book of Eusebius ch 39. I aske here what was the sentence of the synod against Paulus Samosatenus but advice and counsell and a declaration of their mind that Paulus deserved to be excommunicated and put out of his place and Domnus to take his place and indeed that sentence of excommunication and deposition signified just nothing untill power of execution went along with it All this is sufficient to evince that all jurisdiction Papall Episcopall and Presbyteriall is a name without a thing if it be not coercive else that it is merely a counsell and admonition by which if a man be not perswaded to obey the transgressour cannot incurre any penalty and thereby be deprived of life liberty and goods so that all censure as excommunication which is not a product of magistracy and a coercive jurisdiction falls to the ground and is like the bulls of the Pope which hurt none but those that are afraid of them For the act of excommunication must be a product of a commanding jurisdiction or of counsell and advice we having clearly seen that there is no medium betwixt these two If it be an effect of coercive jurisdiction then it must be a product of magistracy delegated by the soveraign power without or exercised within the assembly of those that do excommunicate Either way excommunication finds no
division of lawes into civil and ecclesiasticall and tells us how far lawes are to be called ecclesiasticall though they be in truth the magistrates lawes only because they are made by him for the good of the church for as properly saith he lawes may be called scholasticall and Academicall because they were made for the good and benefit of schools or Universities and so far and no further can it be allowed that lawes should be ecclesiasticall CHAPTER IV. Of the nature of judgement what judgement every private man hath what the magistrate and what ministers synods and church-judicatories They have no definitive judgement as Mr. Rutherfurd asserts but the magistrate hath the greatest share in de finitive judgements which is proved by some passages of Mr. Rutherfurd and of Pareus and Rivetus Who is the judge of controversies NOt to run over all the acceptions of judgement which I have handled in my Paraenesis I will mention but one that serveth to decide the whole controversie which lieth in a narrow room whether the magistrate or pastors assembled in a presbytery and synod or even private men be judges of controversies about faith and discipline Iudgement is an act by which every man endowed with reason or pretending to have any upon debating within himself and weighing things to be done or to be believed at length resolveth peremptorily what either he will do himself or will have others to do about things he conceiveth to be true just and usefull For to the nature of judgement it is not required that the thing that a man will do himself or will have others to do be true just and good it being enough that he apprehendeth them to be so I make two judgements one private the other publick The private I call judgement of discretion by which every one having weighed and debated within himself the truth equity goodnesse or â—sefulnesse of counsels advices commands doctrine and persons at length choseth and pitcheth rather upon this then that this judgement may be called judgement of knowledge and apprehension The publick judgement is the delivery of ones private judgement so far as concerneth others by which a man uttereth what he conceiveth fitting for others to do or believe This judgement in ministers presbyteries synods wise men counsellors physitians and others not invested with any jurisdiction and who have more authority then power is called advice counsell declaration when they deliver their sense meaning and opinion upon any debated subject concluding something which they conceive others are to embrace believe or practise In magistrates and men invested with jurisdiction both this publick judgement and the private have the same operation as in ministers synods counsellors and the like but over and above it causeth them to command what they conceived fitting to be received and practised By the publick judgement Pastors do what St. Austin saith Epist 48. to Vincentius pastoris est persuadere ad veritatem persuadendo pastors are to bring to truth by persuasion sed magistratus est cogendo but magistrates are to bring to it by constraint and by commanding From these publick judgements every private man is to appeal to his private judgement of discretion not yielding and giving his assent to the declarations canons sentences of ministers any further then by his judgement of discretion he conceiveth them to be true just and usefull not obeying actively the commands of the magistrate in case he conceiveth them by the same judgement of discretion to be against faith and good manners The staring thus and dividing of judgement decideth as I conceive all the questions and doubts arising about this subject and answereth all Mr. Râ—therfurds and Gillespies definitions and objections concerning judgement They make a fourfold judgement apprehensive discretive definitive and infallible which belongeth only to Jesus Christ The definitive they say is proper to ministers and church-judicatories But they forget the main judgement which giveth life and force to all the rest and is the magistrates when he bringeth to execution things well debated by the judgement of declaration and approved of by the judgement of discretion In that division of theirs they also commit two great errors 1. That they make of one judgement two for to the judgement of discretion they adde a judgement of apprehension which differs only in degrees from the other and were these judgements distinct yet they go alwaies together and are alwaies in the same person and do belong to the private judgement 2. They ascribe a definitive judgement to pastors and church-judicatories which they themselves had need to explain what they mean by for 1. must every private man stand to it and not appeal from it to his judgement of discretion 2. if they do not stand to it what inconvenience harm or danger or worse consequence can befall him then any one that despiseth good counsell or advice which put no obligation except they be reduced into lawes and commands by the magistrate 3. must the magistrate adhere to that definitive judgement and command them without debating within himself whether those definitions be agreable with his own publick or private judgement which indeed is to make of him an executioner If he must not stand to the definitions of pastors and synods but rather they must stand to what he conceiveth most fitting then it is evident that that judgement of pastors called by them definitive is of no validity and hath need to take another name since neither magistrate nor private men are obliged to stand to it except they be convinced that it is reasonable and that its definitions are true just and usefull The evidence of this truth about judgement is so clear that Mr. Rutherfurd and Gillespie are unwares carried sometimes to deliver the substance of what we said before I will alledge but two passages out of Mr. Rutherfurds book of the divine right of church-government for there he overthroweth his definitive judgement of pastors or church-judicatories and setteth above it not only the judgement of the magistrate but also that of every private man for sure that definitive judgement that may be reversed and rejected without any redresse by the ministers cannot be of any weight or validity The first passage is ch 25. quest 21. p. 668. The magistrate is not more tyed to the judgement of a synod or church then any private man is tyed to his practise The tye in discipline and in all synodicall acts and determinations is here as it is in preaching the word the tye is secondary conditionall with limitation so far forth as it agreeth with the word not absolutely obliging not Papal qua nor because commanded or because determined by the church and such as magistrates and all Christians may reject when contrary to or not warranted by the word of God If such words had faln from Grotius or Mr. Coleman they would have been branded for rank Erastianisme If all the presbyterians will but put their names with
probatum est to them all controversie will be ended and the power in the hands of church-officers will be no longer distinct from that of the magistrate and all presbyterian jurisdiction of excommunicating deposing and making lawes authoritatively will be taken away So that if we give credit to Mr. Rutherfurd all acts sentences and excommunications pronounced by synods and presbyteries are no further valide then as they are conceived by the magistrates and private men agreeable with the word The other passage of Mr. Rutherfurd doth no lesse pull down the definitive judgement of ministers and by it all presbyterian jurisdiction p. 577. As the church is to approve and command the just sentence of the civill judge in punishing ill doers but only conditionally so far as it is just so is the magistrate obliged to follow ratifie and with his civil sanction confirm the sound constitutions of the church but conditionally not absolutely and blindly but only so far as they agree with the word of God Studying brevity I am loth to load the reader with authorities out of most eminent divines Zanchius Martyr Iunius Pareus Camero Rivetus and others all jointly proving 1. that all the judgements and sentences of synods church-judicatories presbyteries are mere counsels advices and no lawes obliging to obedience or to assent except they receive the ultimate sanction from the magistrate 2. that the magistrate ought not to take the ministers or synods judgement barely because it comes from them but follow his own judgement I will alledge but one or two out of Pareus and one out of Rivetus That of Pareus is on the 13. Rom. All faithfull even private men ought to judge of faith and of religion not only with an apprehensive judgement that by it they may understand the true religion but also with a judgement of discretion that they may distinguish the true from the false hold to one and reject the other much more ought the Christian magistrate to judge of the religion not only apprehensively and discretively but also definitively Here we have a definitive judgement proper to magistrates as well as to ministers and church-judicatories In the same place A Prince ought to defend the true religion suppresse the false banish blasphemies and heresies he ought then to know of all these singly and by his office judge of them for if he were only to draw the sword at the beck of the priests without knowledge and judgement and without making any question whether the judgements of the pastors are right or no what would he be but a sergeant and an executioner as the Iewes made of Pilate saving to him If he had not been a malefactour we would not have delivered him to thee Rivet on the decalogue hath these words We joyn those two together that the magistrate should not only act by others prejudice but also by his own judgement not that he should trust so much to his but also let ministers of the Gospell have their parts not relying on his fancy but being counselled by the pastors of churches calling synods and there hearing godly and learned men discoursing out of the word of God of controversies of religion and of articles of faith then what he hath himself approved of to be the truth let him embrace it and spread it There he maketh no more of synods then a Prince of his state-counsellors or a sick man of his physitians whose judgements they take for counsells and advices and not for definitive sentences And so speaketh Maresius Coll. Theol. loc 16. thes 77. Ministers of churches do not so much represent judges in a senat as prudent doctors and learned gathered to give counsell and their result is like the advice of physitians about the health of the body By what I have said of judgement and alledged out of Mr. Rutherfurd that question so much debated betwixt the Romanists and the Protestants who is the judge of controversies in matters of faith is easily decided for doubtlesse the ministers of the Gospell have by their education function and ministeriall duty that publick judgement to declare either in churches or synods what by the judgement of discretion they conceive to be the mind and the ordinance of Christ but this judgement inforceth and obligeth no man to assent to it except they also by their private judgement of discretion apprehend it to be such So ought neither magistrates nor the power of magistracy seated in churches to command or enjoyn it as a law to be obeyed or a doctrine to be believed except apprehended by the judgement of discretion to be the mind or an ordinance of Christ Ministers in divinity physitians in physick each professour of art in his art not only because they are more versed in that thing they professe but also ex officio have a judgement that carrieth and giveth more authority but it being fallible and therefore subject to the revisall of others whether magistrates or subjects and not attended with command obliging to obedience either active or passive it is only authentick to them that are perswaded and convinced to yield to it CHAPTER V. An examination of the 30. chapter of the confession of faith made by the Rever Assembly of Divines That in their Assembly they assumed no jurisdiction nor had any delegated to them from the magistrate and therefore were not to attribute it to their brethren That the ecclesiasticall jurisdiction is the same with the magistrates jurisdiction Mr. Gillespies reasons examined THe reverend Assembly of Divines in the 30. and 31. chapters of their Confession of Faith are strong assertors of a double jurisdiction Before I come to examine what they say and their proofs alledged in the margent I would be well understood that I do not quarrell against the spirituall jurisdiction over the inward man in the ministery when a minister doth command from Christ and the people yields obedience being once inlightened and convinced all is done on both parts willingly and not by constraint the weapons of that jurisdiction are not carnall and yet very mighty not by putting away by excommunication but by pulling down the strong holds of sin and bringing into captivity every thought to the obedience of Christ 2. Cor. 10. v. 4. 5. The Lord Iesus Christ say they sect 1. as King and head of his Church hath therein appointed a government in the hands of Church-officers distinct from the civil magistrate It may be the Rev. Assembly do only intend to adjudge jurisdiction to other church-assemblies and synods and none to themselves for these reasons 1. They were bound by their charter by which they were called not to exercise any jurisdiction and authority ecclesiasticall whatsoever or any other power for these be the words of the ordinance and besides are en joyned not to assume any authority but to advise and give counsell upon such things as shall be propounded to them and to deliver their opinions and advices 2. And the same they did
the magistrate is not head of the church more then of other societies for as the callings of a physitian merchant smith sea-man so of a Christian as Christian and church-member are not subordinate to magistracy but only under the notion of and as they are members of families societies corporations and commonwealths in all which magistracy is virtually and eminently resident in regard that no society of men can be imagined to be governed either without a power delegate from the magistrate or without assuming magistracy within it self In that sense the magistrate may be said for these three or four reasons to be head of a visible nationall church 1. Because the matter manner and extent of the power exercised by that church being wholly the same with that of the magistrate it is needlesse to make of one power two and therefore the magistrate being the supreme governour in the managing of that power exercised alike in all kinds of societies within his dominion he may very properly be the supreme governour as well of churches as of all other societies 2. The magistrate may be said to be head of the visible church because there is no man of what place function calling dignity so ever he be that in an externall visible way can so much promote the interest of Jesus Christ and the building up of his Kingdom as the supreme magistrate not so much considered as Christian but as magistrate and by vertue of his magistracy None doth doubt but that one single woman namely Queen Elizabeth being a magistrate did contribute more for establishing and spreading the Gospell of Christ in England then all the godly ministers put together in the dayes of Queen Mary Let but one single magistrate countenance religion this will avail more then thousands of Greenhams or Bradfords under a magistrate of a contrary religion Sure where God hath given more ability and power to do good he also hath placed there more right duty to promote that good I think there was more stresse of duty laid upon Queen Elizabeth to advance Christs Kingdom in England then on 100. Bradfords Latimers and Ridleys in Queen Maries dayes A 3. ground may be added why the sovereign magistrate may be called the head of the church and which is much pressed by Reynolds Martyr Musculus Bullingerus Gualterus Zanchius Pareus is because all the decisions of ministers about matters of faith or discipline are but mere counsels advices and directions not binding externally that is actively or passively any church society or corporation except they receive a sanction from the magistrate and besides that these sanctions are not to be made by him caeco judicio with a blind judgement standing to their determination without examination and doing as much as those of Beroea who ere they believed St. Paul searched the Scriptures to know whether it was so as he preached As no obedience is to be rendred by any person society or corporation without they duly weigh in their judgement of discretion whether the command be just or no so a command is not to be made by the person whose duty and part it is to command untill he first understandeth and apprehendeth by his judgement of discretion the thing to be a good and a fitting rule of obedience So that since presbyteries and â—ynods cannot enforce obligation of obedience to their declarations and decisions without the injunction and command of the magistrate since also he is not to enjoin or command any thing repugnant to his own judgement it doth consequently follow that good reason it is that he who last is to judge and command any thing propounded and debated in whatever assembly of men should be stiled the sovereign judge head ruler and governour of those things that are solely in his own power Fourthly he may be said to be head of the church because of three main duties which are annexed to his office of magistracy which comprehend what is requisite for life godlinesse and happinesse The 1. is provisio mediorum conducentium ad finem optimum provision of the means conducing to the best end 2. remotio impedientium the removing of hinderances 3. actualis directio in illum finem an actuall direction ordering things to that end These 3. conditions Javellus a Romish Bishop layes down to assert the soveraign power of the magistrate in judging providing ordering and removing in order to obtaining the best end which he saith is the main felicity of man Lastly he may be well called head of the church that receiveth appeals from all church-judicatories and disannuls or ratifies their judgements and sentences But Mr. Rutherfurd denieth those acts to be appeals being not in eadem serie from a lower ecclesiasticall court to a superiour ecclesiasticall court and saith that from an ecclesiasticall court to a civil as to the magistrate there is no appeal but a removall by a declinator a complaint a refuge But we having proved that synods presbyteries c. have no jurisdiction but what they have from the magistrate therefore all appeals from a church-judicatorie to the magistrate are but from an inseriour court of the magistrate to a superiour of the same magistrate Rivet on the decalogue had not learned such squibs of distinctions betwixt appeals and refuges complaints and declinators for by any means he would have men to appeal to the magistrate from church-sentences Ministers as ministers are the subjects of the soveraign magistrate and why may it not be lawfull for subjects to appeal from the judgements of subjects to the supreme magistrate and why may it not be lawfull to the supreme magistrate to review the judgements of his subjects to ratifie them if they be good and abolish them if they be bad For call those removals what you will so that the thing be still the same for he that from an unjust sentence of a church-judicatorie hath his recourse to the magistrate both declines the sentence of that court appeals to a higher court and makes his complaint to him that can redresse him help him and disannull the first sentence I confesse if a man be condemned in England he may have his refuge to some neighbour Prince but this Prince can but protect him from the execution of the sentence against him but cannot disannull the sentence against him nor restore him in statu quo prius Such are the examples of Chrysostomus Flavianus and Athanasius which are to no purpose for they repaired to the Bishop of Rome desiring indeed to be judged by him but they did not look upon him as their superiour that could relieve them and quash the sentence against them they repaired to him only as to a mediatour and intercessour Authorities should now make good what I have proved to be consonant to reason such as might be brought out of the best reformers as Martyr Reynolds Pareus Chamier who make no other supreme visible governour of the church then the soveraign magistrate but I will
themselves with a power and jurisdiction improperly so called leaving to the magistrate the opposite member of power properly so called which is a silent confession that they have none at all since they can yet find no name for it I have one division more of ecclesiasticall power brought by Amyraldus and some others quite different from the rest being not a dichotomie but a trichotomie not a division into two but three coordinate powers the one belonging to the magistrate the second to lay-elders and deputies of the church and the third appertaining to ministers These three ecclesiasticall powers he maketh to be conspicuous in all ecclesiasticall assemblies and synods where the magistrate hath his ecclesiasticall indirect extrinsecall power as they call it the ministers have their intrinâ—…call direct ecclesiasticall power and the lay-elders have a lesse intrinsecall direct ecclesiasticall power for it hath not found a name yet for it is say they neither of the nature of ecclesiasticall power belonging to the magistrate nor of that which is proper to ministers but a mungrell ecclesiasticall power in regard they cannot perform by their power those acts that belong either to magistracy or ministery For besides that they cannot preach and administer the Sacraments Amyraldus will not allow them any voice but consultative not deliberative and only in matters of discipline and ecclesiasticall policy and that power they say they have common with the magistrate who over and above hath his ecclesiasticall power which neither the ministers nor lay-elders have any thing to do with Lastly the ministers have their ecclesiasticall power distinct from the ecclesiasticall power of both The bare relating of these divisions of power and modifications of ecclesiasticall jurisdiction is sufficient to confute them so that there is little need of authority to witnesse their nullity and vanity Yet three grave and learned divines namely Martyr Musculus and Gualterus would have the name and the thing to be abolished Martyr loc com 13. class 4. § 9. sheweth the little need of multiplying powers whenas that of the magistrate is sufficient and that David Salomon Iosias being civil magistrates did think that religion belonged to their care and Constantinus Theodosius Iustinianus had no greater thought then to constitute the true church of God Musculus is yet more pregnant loc com de magistratibus what hinders I pray but that this may be ecclesiasticall which is done neither by the church it self nor in the name and by the power of the church but is done commanded and enjoyned by the magistrate within the church in the name and power of God and to procure the good of the church and represse the evils committed in the church A little lower he hath these expresse and golden words the way and nature of government cannot bear that in the same people there be two authentick powers two diverse legislations and dominations except it be by subordination as there is no place for two heads in one body Gualterus Homil. in 1 Cor. 5. is no lesse expresse They distinguish betwixt ecclesiasticall and politicall jurisdiction but this distinction is taken out of the shop of the papists for it is not to be had in the Scripture for it is plain that the same way must be observed in the New as in the old Testament And a little lower The same then must be observed in the new Testament and no need there is that the ministers of the word should have a peculiar senate taking upon them what belongeth to the magistrate they may be censors of manners such as are needfull in a greater commonwealth where ordinary magistrates cannot attend all businesses but these are created by the magistrates authority and ought to do all by his command and not ly a peculiar power of their own distinct from that of the magistrate Such passages and many more I alledge in my Paraenesis p. 16. and 17. No marvell if those that recede from the plainnesse of the Scripture have knit themselves such nets and windings of powers in which while they think to be safeâ— they lose themselves With the help of those distinctions and divisions of power M. Gillespie stretcheth and shortneth his ecclesiasticall power as a leathern point sometimes lengthening it so far as that the magistrate may take hold of it by one end and sometimes giving both ends and the middle into the hands of the ministers I will alledge one or two more places out of Mr. Gillespies book by which his art will appear in extending and contracting his ecclesiasticall power one while making the magistrates and ministers to share the power between them another while giving to either all or nothing Pag. 263. speaking of the extent of the ecclesiasticall power of the magistrate he is usefull saith he and helpfull to the Kingdom of Christ the mediatour magistracy being serviceable to purge the church of scandall to promote the course of the Gospell and the edification of one another But how not perfectly but protanto not every way but more suo not intrinsecally but extrinsecally not primarily but secondarily not directly but ex consequentâ— not sub formalitate scandali but sub formalitate criminis or not under the notion of scandall but of crime I alledge this not to confute it having elsewhere shewed the weaknesse and nullity of such divisions what a lame and impotent thing is eccleâ—asticall power that needeth so many woodden legs and crutches But I pray doth not the magistrate punish blasphemy as a scandall and a contagious offence communicative to others Pag. 264. The coercive part in compelling the obstinate and unruly to submit to the presbyteriall and synodicall sentence belongs to the magistrate not as if the magistrate had nothing to do but to be an executioner of the pleasure of church officers or as if he were by a blind and implicite faith to constrain all men to stand to their determination God forbid The magistrate must have his full liberty to judge of that which he is to compell men to do to judge of it not only judicio apprehensivo by understanding and apprehending aright what it is but judicio discretivo by the judgement of Christian prudence and discretion examining by the word of God the grounds reasons and warrants of the thing that he may in faith and not doubtingly adde his authority thereto in which judging he doth judicare not judicem agere that is he is judex suarum actionum he judgeth whether he ought to adde his civil authority to this or that which seemeth good to church-officers and doth not concur therewith except he be satisfied in his conscience Whoever examineth narrowly the extent of power which he yields to belong to the magistrate will soon discover that all the ecclesiasticall power is to be managed by the magistrate 1. He maketh all synodicall or presbyterian power to be of no force without a coercive power 2. that the magistrate must have his full liberty to judge of
the sentence before he causeth it to be executed 3. that the magistrate having both the last judgement of approbation and of that they call imperative or command to yield obedience to the declarations and sentences of synods or consistories it is plain he is the soveraign judge of all ecclesiasticall judgements sentences and debates and that they are but counsells and advices till the magistrate approveth of them and commandeth them This single passage of Mr. Gillespie graunted unto him might serve for an answer to all his book would overthrow all ecclesiasticall jurisdiction And indeed all the controversie lieth in the narrow compasse of these few lines of his the matter of which by right should have been the main subject and bulk of his book and not have been so slightly passed over for this is the very hinge on which Gualterus and Maccovius conceive that the whole controversie betwixt Erastus and his opposites hung and which as it is stated by Maccovius will give a bone to pick till doomsday to the assertors of an ecclesiasticall jurisdiction it is a Gordian knot which they will never disintangle but by cutting of it the truth of it being so undeniable that it was never answered by Walaeus Apollinus Triglandius nor by Mr. Gillespie who indeed in this paragraph alledgeth the substance of Maccovius positions but doth not answer them to any purpose The three positions of Maccovius are brought by severall in various terms but all to the same purpose and are these 1. It is the duty of the magistrate to look and take order that the word of God be preached with purity that the Sacraments and the discipline of the church be duely administred and to make a diligent enquiry into the ministers performing of these and to punish them if either they misse or do amisse in the dâ—scharge of their places Which words of Maccovius Rivetus upon the decalogue doth expresse in equivalent terms It is the duty of ministers to infuse doctrine to wound by censures to administer the sacraments immediatly and personally and as they speak ex officio by their office Now the magistrate under whose authority these things are to be done if ministers do not perform them by his grave and commanding power may and ought to force them and enjoâ—n them to do these things and to do them well and to punish them that do otherwise then they should do 2. The second position of Maccovius is Since no determinations or sentences of presbyteries and synods have any force of obligation in them to obedience without the sanction of the magistrate therefore not the presbyteries and synods but the magistrate is the supreme judge giver and maker of all constitutions sentences and determinations of consistories and synods 3. The third is The magistrate is either to put his seal of sanction and give his judgement of approbation to all the judgements sentences and definitions of synods with a blind judgement and stand without disputing within himself to what they agreed and decreed among themselves or he must disapprove those things that in his own apprehension are not good and convenient and approve what he conceiveth to be true just and fit Whatever the opposers chose they are at a stand for they make the magistrate either a soveraign judge and arbiter over all ecclesiasticall matters or a sergeant and blind executioner of the judgements and sentences of synods and presbyteries Mr. Gillespie being not able any way to make invalide the strength of these positions of Maccovius only saith that the magistrate in having the last view and cognizance of all ecclesiasticall determinations and giving his sanction to them does not judicem agree but judâ—care which I know not how to English but that in so doing he doth not the part of a judge and yet doth judge of the thing But what strength hath this That man doth the part of a judge in whose power and breast it is to make valid and currant or to disannull whatever is debated and determined by others Of much like strength is it when he saith that the magistrate judgeth whether he ought to adde his civil authority to this or that which seemeth good to church-officers and doth not concur therewith except he be satisfied in his conscience Which if he may do the magistrate hath as much as Maccovius proveth to belong to him for in that he is not satisfied and doth not concur with the judgements of church-officers he maketh all their judgements void null of no force to oblige either actively or passively any man or assembly under his jurisdiction Had not the states of the low-countreys approved and ratified the synod of Dordrecht their decrees would have been but counsells advices and answers of prudent and wise men and had not put any obligation upon the ministers churches schools and academies within their dominions more then upon England or France to be conformable to their determinations Next in the conclusion Mr. Gillespie saith that this doth not make him supreme judge and governour in ecclesiasticall causes which is the prerogative of Iesus Christ nor yet doth it invest the magistrate with the subordinate ministeriall forinsecall directive judgement in ecclesiasticall things or causes which belongeth to an ecclesiasticall not to a civil court I understand not wherefore he bringeth this for what he hath said before doth sufficiently evince the magistrate to be soveraign judge and governour over all persons and in all ecclesiasticall causes and censures so long as they are of no force and cannot be brought to execution except the magistrate approves of them and commands them It seemeth Mr. Gillespie by these words would put it to the vote who must be the supreme judge and governour in ecclesiasticall causes whether the ministers or the magistrate It is sure enough if we believe him the magistrate must not be It remains then that the ministers should be the supreme judges and governors for all M. Gillespies drift is to take from the magistrate that which he saith duly pertaineth to the ministers and in short to put as he conceiveth the saddle upon the right horse For to what end should he except against the magistrates being invested with the power of supreme judgement and government in ecclesiasticall causes but to reinvest the ministers into it and to declare that that usurpation in the magistrate was done to the prejudice and wrong of the ministers to whom it is due by right Here then Mr. Gillespie maketh the ministers of the Gospell supreme judges and governors in ecclesiasticall causes whereas he alwayes before declined those titles as belonging only to and being the prerogative of Jesus Christ But suppose ministers in synods and consistories had also the coercive power and were invested with that externall jurisdiction that giveth force and sanction to all their censures this I trow would not make them more or lesse supreme judges and governors in ecclesiasticall causes then the
prescribed how far some rites of Moses were dispensable We have then three expositions of the words of Christ whatsoever ye shall bind c. none of which make for a presbyterian excommunication but contrarily they destroy it for all these three expositions are sutable to the literall and mysticall meaning which is absolute and without condition Christ promising to bind and loose in heaven whatsoever shall be bound and loosed on earth whereas those that expound that place of binding and loosing of excommunication are forced to put a condition to the absolute words of Christ telling us that they must be understood clave non errante in case there is no errour in him that excommunicates And therefore Beza against Erastus and some others fearing the many inconveniences and absurdities that follow upon the literall sense that Gods binding and loosing in heaven should steer according to the binding and loosing on earth by excommunication and absolution expounds the words of Christ as if he had said whatsoever shall be bound and loosed in heaven shall also be bound and loosed on earth that is the minister excommunicating on earth doth but declare what God hath already done in heaven which is the opinion of some schoolmen namely of Dominicus à Soto lib. 4. dist 14. qu. 1. art 3. saying that the words ego te ligo I excommunicate thee are equivalent to these I declare that God hath already excommunicated thee But I think this exposition is cumbered with more absurdities then the vulgar 1. Who knoweth the mind of God 2. and whether he hath excommunicated from the inward or from the outward communion surely not from the inward for then excommunication should not be a soul-saving ordinance as the Rever Assembly tell us nor from the outward this being an act of man not of God except one say that the minister outwardly acted what in his secret counsell he hath decreed but still the difficulty will be how the minister is acquainted with Gods secret and not revealed will and if he be acquainted with it how can an outward action in which the pastor may erre be a consequent of an unerring sentence of God But however the power of the keyes and of binding and loosing is to be understood the new Testament speaketh of governments in the church and of ruling and rulers and it enjoyneth the faithfull to obey those that rule over them and St. Paul biddeth Timothy not to receive lightly an accusation against an elder So farre then the word of God alloweth a government distinct from that of the magistrate and endoweth the ministers of the Gospell with a power of ruling and governing But this power is neither of the nature of the magistrates power nor of that they call ecclesiasticall which we have proved to be wholly the same with the magistrates power This power of the ministers ruling and governing is something like that power that Princes and masters of heathen schools had over their disciples scholars and auditors as Plato Zeno Aristotle who had a great power over their minds but no jurisdiction over their bodies estates and outward liberties it is true they kept them in awe respect and obedience but it was a voluntary submission to their precepts like that of Alexander the great to the commands of the Physitians This being the ministeriall power in a shadow it is more expressely set down in the Scripture and no doubt that power is the noblest power and greatest power in the universe next to that of creating and redeeming the world a power that the Son of God had and managed in this world none have such warrant of authority as to be Ambassadours from Christ none have such an errand there is no tye of obedience like that to their commands But still this ministeriall power commands and authority and the obedience due to them are not of the nature of the power and obedience observed in churches or magistrates judicatories For 1. The magistrates and churches judicatories do not only enjoyn the commands of God but also their own but the ministers of the Gospells power is only to deliver what they have received of the Lord 1 Cor. 11. even Moses Deut. 4. v. 5. acknowledgeth that he taught nothing but what God enjoyned him 2. Accordingly a member of a church doth not obey the word of his Pastor but of God Col. 2. v. 22. Marc. 7. v. 7. 1 John 3. v. 24. chap. 5. v. 3. When the pastor hath no command of the Lord as 1 Cor. 7. v. 25. then he delivers his own judgement and counsell and that counsell a church-member hath no command to obey though he ought to have discretion and condescension enough to follow it if he conceiveth it tends to mutuall edification Yet in a church constituted there being need of a power of magistracy either delegated or assumed by a confederate discipline and a magistrate-like jurisdiction being set up in his congregation he ought as every church-member even when he apprehendeth no tye to obey the pastors command as Gods command to obey by an obedience either active or passive the commands of that magistrate which himself hath elected when by a joint consent they all agreed upon a form of discipline 3. Church-judicatories if they make any lawes decrees or resolve upon a censure to be inflicted upon a church-member they require obedience and submission without arguing or disputing the case or having the liberty either to yield to them or to decline them if they list But the true pastorall power commandeth only understanding free and wise men that are able to judge 1 Cor. 10 v. 15. like those of Beroea who so hearkened to the voice of St. Paul that ere they obeyed it they consulted the Scripture to know whether it were so as he taught them 4. The ecclesiasticall presbyteriall power like that of the magistrate requireth obedience to its lawes ordinances and decrees not because they are good just and equitable but because it so pleased the law-givers for a man excommunicated never so unjustly is to submit to the validity of the sentence not to the equity which as our brethren and Mr. Gillespie teach us is not in the breast of the party judged but of the judge But the true ministeriall power requireth no obedience to its commands but of such as are perswaded or convinced of the goodnesse truth and equity of the law and sentence The Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth both to believe be perswaded to obey which intimateth that he truly performeth the pastorall commands who believeth in the name of the Lord Jesus for this is the main commandement of Christ as the next is that we should love one another Such commands are not obeyed by the motion of the body but by that of the heart and affections The power of magistracy commandeth the hand to give almes to the poor but the power of the minister commandeth to give them with a ready mind one
many constitutions about regulating the power of fathers masters and husbands and yet allowing them their authority at home are an argument that their fatherly power is consistent with their subordination to the magistrate 4. There be as I shewed above two kinds of acts to be performed in a church one as they are church-members the other as they are a society that for their government must assume some part of jurisdiction of the same nature with the magistrates power In the managing of the acts of the first kind there is no subordination of the church to the magistrate but only in the second for preaching hearing the word of God administring the sacraments walking holily submitting one to another are no acts of power subordinate to the magistrate and under that consideration I will grant the right of churches not to depend on the magistrate but as these acts in a church-way cannot be exercised without a power of magistracy assumed in this regard a church may be said to be subordinate to the fountain of magistracy For it is with these two kinds of acts in subordination to God and the magistrate as with the body and the soul For none doubts but the faculty and gifts of reasoning apprehending truth loving God and our neighbour believing in Christ are no acts subordinate to the power of the magistrate but as reasoning faith love must be supposed resident in the body of man and that the man in doing acts subordinate to the magistrates power as going ordering commanding and obeying doth carry along his reason faith and love in like manner as it is not possible to consider a man performing the acts of reason faith and love and not being the while subordinate to the power of the magistrate so a church even performing those acts of church-members as such in as much as the second kind of acts that are subordinate to the magistrate must be joyned with the first cannot be considered without it be subordinate to the magistrate 5. If the power of churches were not subordinate to the magistrate many inconveniences would follow 1. That some churches gathered by the magistrate and his acts of appointing time place and stipends should not be subordinate to him 2. Or if he should gather none and besides appoint no publick worship to take place in all parts of his dominions but leave that wholly to the will of those that congregate of their own accord this I say would in a very short time breed irreligion or heathenisme in most places and most tanks of men for then it must be conceived that not one of 20. would congregate of themselves that the 19. parts not being called upon nor any way invited by publick ordinances set up in all places of mens abode atheisme or neglect of all religion would soon ensue in most parts And a persecuting magistrate as in the primitive church were ten times rather to be wished then one carelesse and neglecting to set up ordinances for by one of these two wayes either by persecution or by countenancing and commanding the worship of God the magistrate causeth religion to flourish by doing neither one nor the other he takes the way to abolish it as Julian the apostate was about to do if God had not the sooner cut him off 6. But suppose it be granted on all sides that the magistrate is bound to do what King Edward did or Queen Elizabeth to banish popery to set up protestantisme and an orthodox ministery in all parishes throughout England which acts cannot be performed by a few particular churches with all their church power sure it must be also granted that all those acts of a magistrate in ordering affairs of religion are in his disposall and depending on him 7. Since then the magistrate must have the ordering of those affairs of religion which he himself hath constituted if he should not likewise be the supreme governour of those churches which he hath not erected but were gathered by the members of churches of their own accord there could not but a great confusion arise in mens minds as well as in the state it being no small businesse to distinguish the power of the churches that are subordinate to the magistrate and the power of those churches that are not From reason I descend to the authority of the rever brethren both in old and new England dissenting from the presbyterians In old England the reverend pious Jeremie Burroughs will be in stead of all the rest of his brethren for in the eleventh chapter of his Irenicum he professeth to deliver not only his own judgement but also that of his brethren with whom he had occasion to converse Whoever shall peruse his book throughout specially the fifth chapter will find that he attributeth as much power to the magistrate over churches as any of the opposites to the presbyterian brethren Which power of the magistrate while he asserteth he never conceives it should overthrow his other positions namely in the seventh chapter concerning the right and power of churches or that his stating the right liberty and power of churches could not consist with the power of the magistrate over them Now he is very expresse in the said chapter for the power of the magistrate in sacred things Pag. 21. he saith that magistrates in their magistracy are specially to ayme at the promoting of the Kingdom of Jesus Christ the mediatour and there and throughout that long chapter you have these conclusions 1. That the church and Commonwealth of Israel were mixed in one that there is no reason it should be now otherwise 2. That the power of the magistrate is alike in the times of the old and new Testament and were it so that nothing were set down of it in the new Testament that it is enough it is a law not only granted to the Israelites but also of the light given to the very heathens whose power of magistracy was to govern religion as well as other things 3. That it is most unreasonable that a magistrate turning either from the heathenish or Jewish religion should enjoy lesse power in matters of religion then he had when he was a Jew or heathen An infidel magistrate saith he converted to Christian religion is thereby better inabled to perform the duty of his place then before but he had the same authority before 4. He holds that the magistrate hath a soveraign judgement of his commands though unskilfull in the things commanded A magistrate that is not skilfull in physick or in navigation yet he may judge physitians and mariners if they wrong others in their way 5. He asserts largely the power of the magistrate in matters of religion by the example of the Kings of Judah and Israel yea of the Kings of Niniveh and of Artaxerxes interposing his power in matters of religion for which Ezra blesseth God whosoever will not do the law of thy God and the law of the King let judgement be executed upon
that there was no true proper church but a particular church that therefore a presbyterian nationall church made up of many particular churches under one presbytery is not properly said to be a church I am of opinion that the Roman church upon that account is very improperly called a church but most improperly a tâ—ue church for if it hardly deserveth the name of a church how can it be called a true one at least morally though it may be metaphysically it being a consociation of erroneous and hereticall churches for if every privaâ—e church within the Roman communion is so disfigured that I do not think it deserveth the name of a church how improperly then is a systern made up of those particular churches stiled a church And so I conceive that the question about the truenesse of the Romish church which hath so puzzled men may be easily resolved I have but one passage more of Amyraldus to alledge which a man could hardly believe to be the language of a professed enemy to the cause of the brethren For if they should state their own opinion of the power and independency of churches they cannot use more significant words then those of Amyraldus who in his disputation de concil author thes 28. saith that private churches ought to retain their full right liâ—erty and power untoucht specially in matters of great concernment as points of faith not submitting slavishly their own judgements to synods but expecting that synods should define and decree nothing till they have had the advice and approbation of particular churches This is the passage in Latin Alibi diximus pulcherrimum saluberrimum esse earum ecclesiarum institutum quae concillorum decreta ad res magni momentâ— qualia sunt dogmata fidet pertinentia rata esse noluerint nisi prius consultis synodis ecclesiis particularâ—bus quarum quaeque symbolam suam ad veritatis cluc'dationem conferat Salmasius followeth the steps of Amyraldus or rather Amyraldus of him for Amyraldus wrote last He is very large in his apparatus ad libros de primatu and I should be tedious to the reader to set down here all that he hath handsomely stated about the nature of a church I will only quote two pages which are 265. and 266. The substance of his discourse is comprehended under these 4 or 5 heads 1. That all churches by right are equall in power and dignity and are independent 2. That the consociation under the heathen Emperours was voluntary and by consent 3. That under Christian Emperours a consociation was introduced by humane right so that what was at first by free and mutuall consent came afterwards under the Christian Emperours to be of humane institution and constitution 4. That the unity of churches consisted not in an united collection of private churches but in an agreement in faith and doctrine for such an union there is betwixt the Helvetian Belgick and French churches who agreeing in the same faith and doctrine do notwithstanding differ in discipline so that these churches may be called independent each on the other yet they keep an union and communion among themselves No other communion and independency do the reverend dissenting brethren admit and practise either among themselves or with the presbyterian churches both at home and abroad 5. The fifth head is that a consociation of many particular churches joyned with the same band of discipline and under the direction counsell advice not the command or judiciall power of any synod or presbytery doth much conduce to the keeping the unity of faith the band of charity and the communion of saints In the same place and many others throughout his apparatus he saith that the communication betwixt particular churches was voluntary and by way of counsell every church reserving to themselves full right and power as to those acts of their discipline and the acts of binding and loosing so that every church had power to take cognizance of any fact and crime committed in their body to censure and excommunicate them or reconcile them again without any appeal to other churches or synods except it were to beg their friendly intercession for so they were wont to consult and entreat Bishops and namely him of Rome to review the sentence repairing to him as to an umpire not a judge to disannull or evacuate the judgement which makes the Romanists take those applications to the Bishop of ROme as an acknowledgement of supremacy over all the churches To these authorities Iwill adde that of learned and moderate Spanhemius who did not use invectives as others but arguments and reasons as good as he could yet in my opinion the good man mistaketh much in his Epistle to David Buchanan not so much through ignorance of the right as of the fact yet in the 55. page he hath these words which are much to the advantage of the brethren A particular church hath no power at all over another but they are all collateral and of equall right and authority Let us now hear other advocates of the brethren before the word independency came to be given to Protestants in the world The first is learned Amesius in his first book of the marrow of Divinity chapt â—0 where after he hath in the 17 18 19 20. and 26 sections spoken of the parity and equality of particular churches in right and power in the 27. section he tells us what consociation of particular churches may be admitted these be his words Particular churches may yea ought to have a mutuall confederation and consociation amongst them in classes and synods that by a common consent they may be helpfull one to another with as much commodity as may be chiefly in things of greater concernment but this combination doth not constitute a new frame of church neither ought it in any sort to take away that liberty and power which Christ hath left to his churches since this form is only usefull by way of direction John Mestrezat a very learned orthodox Divine lately deceased minister of Paris goeth upon the same grounds with Amesius in his book of the church written in French and his testimony is most considerable because being a French-man he could not know or foresee as Amesius perchance might any such plea in England about right or power of churches aggregated It would be too long here to set down his own words at large For those that understand French they may see specially the 1 chap. of the 3. book where he saith that all power to do any church acts is placed in the particular church that all church-priviledges and promises were made and granted unto and in consideration of a particular church assembled in one place As for aggregation and consociation of churches he holds it not to be grounded upon any pattern or command from Scripture or even from a judiciall power given by Christ to classes synods presbyteries over particular churches but meerly assumed prudentially for mutuall preservation
only upon two or three considerable places out of the said Review of the Councill of Trent that one would think had been spoken by Frastus or Mr. Coleman In the 3. book cap. 11. he hath these words If the Prence be learned and capable what reason â—s there to exclude him from presidency It were indeed more beseeming and becoming his dignity to let the Bishops aâ—spâ—te yea one of them to manage and order the action or such as he himself will chuse resâ—…ving to himself the presidency yea the determination the confirmation and execution after he hath viewed and understood all the importance and consequence is too great when it concerneth salvation a Prince hath no lesse interest then a Prlest Here we have a Paput granting that the magistrate is not only to preside in synods but also to have the last determination and judgement of all-debates In the 7. book ch 6. he ascribeth a function but no jurisdiction to the clergy and pastors and he hath this passage worthy to be written in golden letters for it doth disannull and make void all consistoriall classicall and synodicall canons sentences and definitions which are no acts of the magistrate Kings ought not to meddle with the administration of the Sacraments nor with the business of ceremonies or preaching or other ecclesiasticall ministeriall acts but for appointing of the order of ceremonies purging out of abuses extirpation of schism and heresies church-policy and the like they may they ought and they have alwayes done it either by putting their own hands to the work or by commanding of it or else by appointing and constituting lawes statutes and ordinances The authour did here only forget to tell us by what power the magistrate must do this Is it by a politicall or ecclesiasticall power direct or indirect intrinsecall or extrinsecall None but Mr. Gillespie could tell us Sure he that takes all and doeth all by his own power and authority needs no co-partners in the managing of his power but delegates and substitutes in the exercise of it CHAPTER XXVI The description of excommunication in terms received by most of our opposites though otherwise variously defined by them That for four thousand years no such excommunication was in use either among the heathens or the Iewes An answer to some objections That the legall uncleannesse was no type of the morall That the Priests judging of the leprosy is no plea for excommunication nor for ecclesiasticall jurisdiction ALthough I made this subject the greatest part of my Latin book yet I had much more to say then I did write purposing one time or other to discover that excommunication hath been the principall and main tool in the hands of the man of sin to build up the Roman Hierarchie or that dominion which the Pope hath procured himself in all states and Empires round about him which is the very mystery of iniquity spoken of by S. Paul To avoid prolixity therefore intending here sut an extract I will strive to contract my self give but a breviary in few chapters of what I designe if God gives me life in another tongue I must first state what my opposites mean by excommunication that by the description they make of it I may with lesse difficulty make good that it is repugnant to reason Scripture and the practise of all nations heathens Iewes yea of many Christians in all ages for except they give it me themselves it is as impossible for me to delineate it as to give the true definition of purgatory or of limbus patrum for all parties are not yet agreed what the exclusion is from and by whom and what men are excommunicable For some hold that excommunication at least the lesse is from the Eucharist as the greater is from the assembly of Christians others not only from the externall communion but also from the internall Some hold that only Bishops yea that one only Bishop may excommunicate as Ambrose did Theodâ—sius some think that pâ—esâ—yters and ministers may do it and of these some say that one may do it others say there must be three at least Caâ—vin and some others hold excommunication is vâ—…dâ— except it be the act of a whose pâ—…vâ—…church Many are of opinion thaâ— thâ— pâ—…b tâ—…y without the concurrence of the people may excourmunicate As for the subject or object oâ—â—xcommunication some think that Kings and maâ—…rates as well as any other 〈◊〉 châ—members may â—e exâ—ommunicated otheâ—s eâ—eâ—…t them Those that make three communions according to the three severall acceptions of Church in Scripture say that excommunication is only an exclusion or a putting out of the communion which is amongst members of a 〈◊〉 church others that it is an â—xclusion â—…t of the communion of the whole Catholick 〈◊〉 â—huâ—ch whereby they warrant thâ— power of the Pope in excommâ—n cating Emperours and Kings who since they are members of the Cathâ—…k church may be put out of the communion by the pallor within that communion But some hold that the vertue of excommunication â—xâ—…s no further thâ—n the jurisdiction of the maâ—…ate where the excommunication is pronounced There being such diversity of opinions amongst our opposites about the true notion of excommunication it is not possible for any of them to give a good account and description of excommunication to satisfy all much â—…sse can I do it yet must I give some description of it allowable as I conceive â—y most of them It is a judiciall act or sentence of excluding scandâ—lous persons and offenders from some church-priviledges by church-men or church-members invested with a power of jurisdiction distinct from the power of the magistrate which sentence ought not to be reviowed or voided but either by the same power that first gave the sentence or by a superiour judicatory in eadâ—m serie as they call it of the same kind and nature if any is to be had This description I trow will go near to be received by all the patrons of excommunication even by those that make excommunication no lesse a saving ordinance then the preaching of the word and the administration of the Sacraments as the â—ever Divines have defined and determined in their assembly at Westminster Now of this excommunication I â—hall here give this short account 1. That for four thousand years no such excommunication was in use either among the heathens or the Jewes 2. That at that time when some think it had a beginning even when the Jewes were carried into captivity it did not begin 3. That there is no ground for such an excommunication communication nor practise in the new Testastament 4. That soon after Christ and the Apostles time excommunication begun and was mainly subservient to the working of the mystery of iniquity 5. Excommunication being retained by the reformers did occasionally strengthen the mystery of iniquity For the first it is easy to shew that there was no such excommunication among the heathens as we have described It is
be introduced there was a great clamour and complaining amongst them as if Luther had a mind to lay again upon their shoulders that yoak which they had shaken off from their necks Some few years after having again propounded that his intent was not to put excommunication into the hands of the ministers alone but to make it an act of the jurisdiction of the whole church some seemed to consent to it but most being against it we do not read that either it was settled at all or that it was done quietly in his life time We read indeed that Luther did commend it to other churches and even at the conference or reconciliation that was made betwixt Luther Bucer and Capito he did much urge how necessary the use of excommunication might be and that Bucer declining to deliver his opinion concerning the same lest he should crosse Luther and thereby retard the main work that they were met about did only say 1. that many cities in lieu of excommunication had strict lawes to punish those that were unruly and wicked 2. that he professeth in the name of his collegues of the churches of Switzerland that they did not intend to give the Eucharist to those whom they should know to be wicked and to live in impenitency Bucer in that did but deliver the sense and practise of the Helvetian churches who at their first reformation received excommunication no otherwise then as a law of the magistrate and not either as an ecclesiasticall censure or an exclusion from the Lords Supper For so sayes Gualterus in his Homilies upon the 1 Cor. 5. The lawes of our city punish by excommunication those that are negligent in hearing of the word or in coming to the Lords Supper and those besides that by their wicked lives offend the church such they expell from their tribes lest they should keep company with others Let other towns do what they please since one discipline will not fit every place we do not envy them their felicity who receive any benefit by the use of their excommunication or rather exclusion from the Lords Supper As in the first reformation at Zurich they had not a presbyterian excommunication so neither had they a presbytery or ecclesiasticall senat distinct in jurisdiction from that of the magistrate For the same Gualterus upon the first Epistle to the Corinthians ch 12. v. 28. speaking of governments which he saith are those whereof St. Paul speaketh 1 Cor. 6. v. 12. hath these words At this day there is no need of such governours being under a magistrate let none therefore overturn the order instituted by God and trample under their feet the authority of Princes and magistrates by instituting a new senat that assumeth power empire over them But I must tarry a little longer in Germany and see what the attempt of Luther for introducing excommunication did produce after his death Matthaeus Flaccius Illyricus did yet with more eagernesse endeavour to establish excommunication and for that was perpetually at discord with Melanchthon who did not so much dislike the retaining of the Romish excommunication as the introducing of a new one for Melanchthon was such a lover of peace that he would willingly have endured the Romish Bishops should have kept their jurisdiction still so that they had parted with other abuses and practises I could make a volume if I should rehearse all the journeys and removes that Illyricus made from place to place urging every where the necessity of receiving excommunication and for that very reason was he alwayes expell'd either by the Prince or the magistrate of the place who lookt upon Illyricus as a man aiming at setting himself up under a specious pretence of setting up the government of Christ and one who continually jingled the keyes not of Gods but of his own Kingdom which he endeavoured to set up wheresoever he set footing At length partly by his much clamouring being a very eloquent and learned man and the workings of his emissaries partly for the respect that most men bore to the memory of Luther who first went about the same business there was a kind of excommunication received in many Lutheran churches agreeable as they thought to the mind of Luther as he propounded it to them and as he speaketh in his comment upon Joel ch 4. where he maketh two sorts of excommunication the one internall when God excludeth men from the assembly of the faithfull the other externall and politick like an act of magistracy placed in the whole body of the church and not in the ministers and from that excommunication they do not forbid appeals neither do they ground it upon the words of Christ whatsoever ye shall bind c. as Chemnitius and Gerhardus the best expositors of Luthers mind tell us But excommunication had not the same entertainment in Switzerland where Zwinglius begun the reformation almost as soon as Luther did in high Germany For Bullinger in an Epistle to Dathenus relates that in a conference that Zwinglius had with an Anabaptist in the year 1531. this was his opinion concerning excommunication That because churches under a heathen magistrate had no coercive power to punish wickednesse they in lieu of it took up excommunication but once having a Christian magistrate who punisheth and restraineth vices and enormities the use of excommunication ceaseth In the same Epistle Bullinger saith a church may be true that wanteth this excommunication again we maintain that there ought to be a discipline in the church but it is enough if it be administred by the magistrate Beza acknowledgeth that this was also the opinion of Musculus as we have alledged before when he saith that St. Paul would not have delivered the incestuous person to Satan if the magistrate at that time had been a Christian and a favourer of churches Gualterus as we have said but now was of the same mind with his father in law Bullinger for which Mr. Rutherfurd and Gillespie are very angry So then excommunication finding no good entertainment in Switzerland is carried to Geneva by the great man Calvin whom God permitted to be deceived in that particular lest the reformed world should have taken him for infallible There excommunication grew into a great tree that spread its branches far near into France England Scotland the Palatinat and the low-Countreys but before it could shoot out it had many rubbs and oppositions For some years before Calvin was settled in Geneva the reformation had been happily begun by Farell and Viret and yet no excommunication was thought on or practised At the first proposall he made of it many of the town flocked to the Syndics and the other magistrates as he confesseth in an Epistle to Myconius beseeching them not to part with the power and sword which God had committed to them lest it should cause seditions and indeed they proved true Prophets as we shall see by and by Beza in the life of Calvin in the year
change for the better or hinder a change for the worse The King or another magistrate as he doth not ordain so he doth not depose formally as I may so speak or administratorily yet he doth it of himself not only by his counsell command and authority for he may command it when there is just cause of deposing a minister to those that have that power in the church who in that case and there being just cause for it if they do not obey and do what he commandeth are subject not only to wrath but also to Gods judgement Ministers as ministers are subjects to the soveraign magistrate why then should it not be lawfull to appeal from the judgement of subjects to the supreme magistrate and why may it not be lawfull for the supreme magistrate to review the judgements of his subjects to ratify them if they be good and to abrogate them if they be bad There is a subjection of the magistrate to the ecclesiasticall senat but not of jurisdiction as under a command but of direction and counsell CHAPTER XXXIII The judgement of some Divines yet living both of the argument in hand and of the writings of the Author Of some mens strong prejudices against harsh censures of him I Have through all this book and in the first section of my Corollarium proved that I have digressed nothing in my Paraenesis from Scripture reason about the right of churches and the magistrates power in matters of religion but my opinion is also confirmed by two kinds of authorities of learned and orthodox Divines The first kind of authorities is of those that for the main concur with me or rather I with them such are Zuinglius Musculus Bullingerus Gualterus Mestrezat Mr. Jeremiah Burroughs Mr. Lightfoot c. The second kind is of those that though in generall they profess to be for a church-government distinct from that of the magistrate yet if one take notice of all the positions concerning that argument which each of them admit and grant will be found jointly though not every one of them considered a part to say as much as I just as the Protestants doctrine will be found in all though not in each of the Romish authors overcome by the evidence of truth in the handling of some points controverted betwixt them and us as Scotus confesseth that Transubstantiation hath no ground in Scripture Cajetan denyeth the Popish indulgences Bellarmin after he hath much heightned the merit of works concludeth with a â—utissimum est and flieth to the righteousnesse of Christ apprehended by faith as the safest anchor to stay a staggering Christian Jansenius is right in the doctrine of grace all the rest in some positions or other hold with us And of this kind are Bucer Martyr Jewell Zanchius Reynolds Camero Rivet and many more who besides by yielding an inch have given us a whole handfull to believe that what we have discoursed of the nature of power lawes judgement the right of churches and the magistrates power in matters of religion is both reason and Scripture For whoever admits as most of these authors do that the judgements of Pastors in presbyteries synods are subordinate to that of the soveraign Christian magistrate and that appeals from church-judicatories to the magistrate are grounded upon Scripture reason and the practise of all nations and besides saith that the magistrate is the supreme governour and head of the church over all causes and persons whoever I say grants these to be truths must needs overthrow ecclesiasticall jurisdiction and power of excommunication except it be in subordination to and dependently on the magistrate But among all the reformed Divines who appear in the throng of those that hold an ecclesiasticall jurisdiction and a government distinct from that of the magistrate none hath delivered positions in print so near the language of Mr. Coleman as Ludovicus Cappellus pastor and Professor at Saumur yet living hath done which passing currant for truth from the mouth of Cappellus if they had fallen from Mr. Coleman would have been taken by our brethren the Scots for pernicious and dangerous tenets and mere Erastianisme In the first part of his Theses Salmurienses de potestate regimine Ecclesiae thes 12. he saith that pastors have properly no other jurisdiction then that which subdueth the affections of the world and the flesh when the spirit of Christ in the word restraineth the assaults of Satan that there is no other authority of governing the church then what is seated in Christ the head when by the efficacy of his spirit he enlighteneth the mind and convinceth the conscience In his 40. thesis he saith that the constitutions of the church have authority no further then as they agree with reason In his 41. and 42. he puts equall stresse of duty upon the magistrate in governing and ordering the church the commonwealth as being keeper of one table as well as the other These are his words in Latin Porro his de rebus dispiciendi atque statuendi ita penes ecclesiam hoc est ecclesiasticos quos vâ—cant viros est potestas ut si magistratus pius Christianus sit fierâ—id non debeat non modo sine ejus consilio conscientia verum etiam sine ejus authoritate qua ea quae videbuntur in hoc genere conducibilia confirmentur vimque legis obtineant Is nempe est utriusque divinae legis Tabulae vindex atque custos ad quem propterea pertinet etiam pastores si cessent vel peccent in officium movere objurgare ubi opus fuerit castigare denique prospicere atque providere ut omnia tum in ecclesia tum in republica seu politia recte ordinate fiant utque ordinis legitime constituti turbatores violatores pro merito puniantur This he seemeth to speak after Pareus in his Miscellanea Catechetica art 11. aphoris 18. where he layeth upon the magistrate a greater duty in governing the church then the commonwealth and more in keeping the first table then the second Hoc vero jus gubernandi ecclesias sacra Scriptura disertim magistratui attribuit ut ei quemadmodum tenetur procurare ut bonum civile in foro judiciis legitime administretur ita non minor imo longe major ejus cura esse debeat ut jus Divinum bonum illud animarum hoc est vera religio pietas subditis suis in ecclesia scholis ad aeternam eorum salutem proponatur juxta legem testimonium idem docent exempla laudatissimorum regum Davidis c. Sic Paulus affatur Christianos Romanos Minister est Dei tuo bono ubi intelligit omne bonum tam civile terrenum quam ecclesiasticum seu spirituale secus namque magistratus homini Christiano non plus commodaret quam infideli Ac sane dolendum est rectius in hoc capite sensisse olim ethnicos qui unanimi consensu regi suo demandarunt
them The synod of the Apostles was extraordinary not exemplary The exception of the brethren of Scotland against the 2. article of the 31. chapter of the confession examined The uses abuses of synods that they are not the way to compose differences in matters of religion if their canons are beyond counsells and advices HAving examined what plea the Rever Assembly can have in the 30. chapter of their confession for a government distinct from that of the magistrate the 31. chapter which is of synods and councells is more superficially to be handled for what we have said before of the jurisdiction of churches plainly sheweth that the jurisdiction of synods is no otherwise distinct from that of the magistrate for since synods must be made up of church-officers it is not possible they should impart to synods what they have not in churches and that those that have not a jurisdiction in churches distinct from that of the magistrate should delegate to themselves a power which they never had I admit willingly the necessity of synods as the first section doth synods being necessary whether magistrates be orthodox or not 1. for preserving and restoring truth 2. for uniting churches in one judgement 3. for keeping an externall communion of Saints And it were to be wished as the magistrate of England hath set up again the Lords house so they would re-establish a house of convocation or an assembly of ministers meeting at the same time that the Parliament sits treating such questions in matters of religion as should be propounded to them by the Parliament or they themselves should petition the Parliament to be handled not being invested with more judiciall power then a company of merchants or sea-men called by the Parliament to give their advice about trade and navigation in which convocation the major part of votes should not be so much regarded by the Parliament as the weight of their opinions and reasons and therefore as it was in the last assembly where 20. did not prevail against one dissenting brother so this convocation should return to the Parliament not the result of the whole assembly because carried by the major part of the members but the names of parties assenting and dissenting This convocation I humbly conceive ought to be made up only of ministers of the Gospell that have wholly set apart themselves for the work of the ministery and study of Divinity For as the supreme magistrate usually calls men of that calling and profession about which he is to make lawes as being the most fit to give counsell in the thing they are called for so doubtlesse none are so fit to be advised with in matters concerning religion as those that are most learned and versed in it for I hold them not only the fitter members in an assembly convened to treat of matters concerning religion but also not unfit yea as fit as any other men to sit and vote in Parliaments For this opinion of a double jurisdiction ecclesiasticall and civil that lay-men must be judges in civil courts and ministers in ecclesiasticall assemblies as it hath barred lay-men from sitting at least from voting in synods and councels so hath it removed clergy-men from sitting and being judges in civil courts and Parliaments which opinion hath out-gone the Papists in some things for though they do not permit lay-men to have votes yea hardly to sit in synods yet do the popish magistrates admit ecclesiasticall men in their courts and judicatories thus lately Bishops in England sate in Parliament I confesse that Popes to advance the building of their empire within the empires of magistrates Kings and Emperours would be sure to have an oare in every boat yea more for though they have members of their own in civil courts yet they permit no members of civil courts to sit and vote in synods and councels But some Protestant magistrates in reforming popery as they have not so much relinquisht and parted with their own right as popish magistrates to loose their right in calling and voting in synods so have they more wronged the clergy debarring them from sitting and voting in their courts which I humbly conceive to be a losse to the magistrate and a wrong and injury done to the ministers and thereupon I propound these considerations 1. Debarting of the ministers from sitting and voting in Parliament hath occasioned and confirmed mens minds specially of ministers in that opinion that there is such a thing in Scripture and reason as a government in the hands of church-officers distinct from that of the magistrate and that there is a double jurisdiction two judicatories one civil whereof the magistrates and laity are members and judges and another ecclesiasticall in which ministers only must sit and vote for ministers think it but reasonable that since they are kept off by the laity from being members in Parliament and in all civil judicatories so likewise the magistrate and the laity should not be admitted to sit and vote in synods whereas it being certain that there is no ground in Scripture or reason for a double jurisdiction a government distinct from that of the magistrate and all judiciall proceedings in whatsoever court assembly Parliament synods presbyteries being acts of the magistrates jurisdiction the minister now considered as as member of a Christian common-wealth ought to enjoy the same priviledge as the other members of it All which make me conceive that it was more heat then reason that made so many write against the Bishops voting in Parliament besides it was no good work to divide jurisdictions which by the ministers sitting and voting in Parliament like other ranks of men were re-united 2. There being in a Parliament men of all sorts and ranks gentlemen lawyers physitians apothecaries merchants and they all having an equall interest to maintain religion lands liberty lawes wife and children of their own it is altogether unreasonable that ministers that are alike concerned in all these and are as well members of the Commonwealth as the best of them should notwithstanding as it were be culled out from having that priviledge that others of their fellow-citizens enjoy 3. It is known that men do not sit and vote in Parliament as merchants physitians silk-men or drapers and that if there be new lawes to make or old to alter suppose about some manufacture as cloth-working a member of Parliament being professour of that craft which is in agitation is the most able to discourse upon that subject and to state how the thing may be regulated and this he doth as a professour of the craft about which the law is to be made but when the thing debated is to be carried by vote receive the stamp of law of publick authority then I say none of the members give their votes as professours of the art and science which they exercise in the Commonwealth and which is debated in Parliament no not if a member were a chief justice of England
but all sit and vote as men invested with power of legislation and at that time a physitian voteth not in the quality and capacity of a physitian no not when lawes are made for physitians and apothecaries although when they are in debate a physitian may discourse pertinently of physick as a physitian and skilfull in his art This is the very case of ministers of the Gospell who for that reason that men do not sit and vote in Parliament considered as men of such a calling or profession in the Commonwealth ought likewise to vote sit in Parliament for as the profession of physick or manufacture doth not devest a man from being a good and understanding Commonwealths-man so neither doth the pastorall calling 4. It seems to me very unreasonable yea unconscionable that any mans profession or habit how high or low soever should lay an incapacity upon the person of one though never so much capable and sufficient to contribute his wit and counsell towards the common-weal as if the magistrate would not take a loan of money of 100000 l. of one that had a long cloak but would be willing to take it of one that had a short cloak or a man in danger of drowning would not take his neighbour by the cloak or by his hair for fear of spoiling or disordering of them for thus do those which will not admit the advice of a minister in publick deliberations were he never so able to serve the Common-wealth by his wit wisedome and industrie and the need never so great meerly because of his habit and his profession of the ministery Which calling I am so far from thinking that it doth disinable him from sitting and voting in Parliament that not only it renders him the fitter but also that he is not thereby hindred from attempting any noble action which might turn to some great publick benefit A minister having the valour of Caesar ability to subdue Rome or a secret to burn all the ships of the King of Spain in his ports I conceive that his ministery ought not to keep him off from being employed to use all his industry to serve the Church of God or his countrey in such a way But why is not a physitian disinabled by his profession to sit in Parliament and a Divine is whenas there is a great deal more affinity betwixt the profession of a Divine and the debates in Parliament then betwixt them and the profession of physick 5. Although men do not usually fit and vote in Parliament by the right of the calling and profession they are of in the Commonwealth except they sit by their birth yet it were to be wisht that men that are generally more skilled in most professions and best able to judge what is right or wrong and are not ignorant of affairs of the world should be called such as I conceive are university-men and ministers of the Gospell 6. Since the greatest end of magistracy is to advance the Kingdom of the Lord Jesus and that for obtaining of that end it is needfull to make lawes and constitutions subservient to it why should ministers of all men be left out whose education and profession renders them more capable to advise for the obtaining of that great end 7. Since also there is such a complication betwixt the church state as they cannot so much as be imagined asunder and that most lawes and constitutions made by men are grounded upon and have some warrant from Divine writ and that those that appoint by law oaths to be taken should at least be well advised about the nature of the oath I do conceive that since all ranks are promiscuously called to advise about these of all men ministers best furnished and stored with knowledge and acquainted with the right and plea of conscience upon which equity right and law is grounded should not be forgot Why should not men who make it their whole employment to study the judgements of God be as fit judges in Parliaments and high courts of judicature as Physitians or merchants 8. There is the same reason for ministers to sit in Parliament as there was for priests and Levites to sit in synagogues and judiciall assemblies of the Jewes and in all consultations of state it being certain that the great Sanedrim was a mixture of Priests and Levites with the Princes and heads of the people 9. There is equall reason that if the supreme magistrate calls say-men to sit and vote in synods he should call the clergy to sit and vote in Parliament 10. There was no such thing so much as heard for many hundred years after the fourth age that ministers and Bishops should be thought incapable to sit and vote in the supreme courts of the nation I could prove it by the practise of Italy Germanie France Spain and England for above 7 or 8 hundred years even far within popery that though the Pope had much advanced the hatching of his two egges ecclesiasticall civil jurisdiction yet all state-assemblies were not distinguisht either from synods or from civil courts but promiscuously men of all ranks and professions Senators Bishops Lords Priests Gentlemen did sit and vote in one assembly and place about any matter whatsoever rite law discipline or ceremony Neither is it to be conceived that the causes debated in these assemblies were divided into two classes and that when ecclesiasticall matters were handled clergy-men did then vote and lay-men sate mute and when civil were in agitation then the clergy were silent and lay-men did only appear as judges which is indeed a pretty conceit but will not serve for a double jurisdiction He that will see that further proved at large needs but only read Blondellus de jure plebis c. and Mr. Prinne in his book of Truth triumphing over falshood A thing very considerable it is that during all these ages clergy-men because they were most skill'd in controversies of dâ—vinity exercised to speak in publick were also thought the fitter to judge right from wrong and to meddle with secular matters and therefore in courts of law or chancery clergy-men dispatched more businesses then the laity handled all cases except it may be criminall matters and wills not being permitted to be executors of Testaments otherwise they filled the courts so far that there were no knowing men yea none that could read or write but they hence to this day no court Justice of peace or lawyer but hath his clerk and they say still legit ut clericus he reads like a clerk This I find much urged by a famous lawyer a Romanist John du Tillet in his memoires who speaking of the encroachments of the Popes of Rome saith that they have alwayes endeavoured to sever what from the times of the Apostles was united and to make of one jurisdiction two which yet they could not so distinctly separate but that still to our dayes one may see it was not so in the beginning and