bound so to do 2. Whether for his further help and assistance herein he may not make choice of grave learned and reverent men to assist him in the same Government 3 Whether by vertue of his Power these persons thus called to assist the Supreme Magistrate may not lawfully try the Gifts of Ministers within his Dominions convent them before them examine how they have behaved themselves in their places and punish the blame-worthy In a Petition also to King James for Tolleration That your Highness would afford us and assign to us some persons qualified with Wisdom Learning and Vertue to be under your Highness our Overseers for our more peaceable orderly and dutiful carriage of our selves both in our worshiping God and in all other our Affairs at your pleasure To whom with all Readiness and Subjection we are willing to be accomptable and answerable always The opinions of learned men about Church Matters Government especially were collected together in a Treatise which was put into Latin by Dr. Ames and in an Epistle of his prefixed avouched by him who was a man much studied in those Controversies to be the Judgment of Cartwright Fenner Fulk Whitaker Rainolds Perkins Brightman and those that were more Ancient As Wichliff Tyndal Regers Bradford Gilby Fox Moore Dearing Noel Greenham Dogmata ista c. These Tenents saith he were either their Principles or so conjunct with them as not to be denied theirs Christ Jesus saith the Author hath not subjected any Church or Congregation of his to any other Superior Ecclesiastical Jurisdiction than unto that which is within it self the Civil Magistrate alone upon Earth hath power to punish a whole Church or Congregation Cap. 2. §. 3 and more fully in §. 12 They hold and believe saith he that the Equality in Ecclesiastical Jurisdiction and Authority of Churches and Church Ministers is no more derogatory and repugnant to the State and Glory of a Monarch than the parity or equality of School-masters of several Schools or Masters of several Families Yea they hold the clean contrary that Inequality of Churches and Church Officers in Ecclesiastical Jurisdiction and Authority was that principally that advanced Antichrist unto his Throne and brought the Kings and Princes of the Earth unto such vassalage under him And that the Civil Authority and Glory of Secular Princes and States hath over decayed and withered the more that Ecclesiastical Officers of the Church have been advanced and set up in Authority beyond the limits and confines that Christ in his Word hath prescribed unto them And in Cap. 6. §. 6 They are said to deny a principal part of the Kings Supremacy that hold any Jurisdiction or Offices over Churches jure divine and not by the will and pleasure of the King and Civil States of the Realm And from what is said cap. 5. §. 12 It is evident that this way is as little prejudicial to the Subjects Liberty For it s expresly there said If any Member of a Congregation being under a crime shall of himself forsake Communion with the Church that then the Ecclesiastical Officers have no authority or jurisdiction over him but only the Civil Magistrate Parents or Masters c. So that as persons are free otherwise than from conscience of duty to joyn with these Assemblies so also to leave them remaining always under the Magistrates Ecclesiastical power and care I have made this Digression not only for the matters sake which is very sutable to our present Subject but also to vindicate the Congregational way 1. That it is not such a Novelty as is pretended This of the equality of Churches and thence and Independency from which we are reproachfully surnamed seems to be the worst of our Tenents Yet it appears to be no other but what the reverend and learned of a former age have asserted Nor do I know any other of their opinions or practices but may as easily be remonstrated to be the assertions of those holy men Nor secondly inconsistent with civil Magistracy or with their Power in Ecclesiastical Affairs And as a further Testimony hereof they take the Oaths both of Allegeance and Supremacy Professedly assent also to All the Articles of Religion which concern only the Confession of the true Christian Faith and the Doctrin of the Sacraments comprised in a Book entituled Articles whereupon it was agreed by the Arch-bishops and Bishops of both Provinces and the whole Clergy in the Convocation Anno 1562. for the avoiding of diversity of Opinions and for the establishing of consent touching true Religion as is required by Stat. 13 Eliz. cap. 12. And do humbly hope living peaceably under his Majesties Government they shall obtain their share in that Indulgence his Majesty graciously purposed to shew to such persons as through want of full satisfaction differ in smaller matters from the present Establishment 4 Instance A fourth Particular which ariseth from the former is this Families being not subordinate one to another they cannot associate or unite into any large or great Body and therefore do and may more conveniently retain their Government though it be peculiar and distinct in any Common-wealth of what form soever without prejudice to the Peace and Welfare of it So is it with Churches their State and Government as it is appointed by Christ is such as is consistent with and no prejudice unto any civil Powers under whom they are situated And that upon this account principally Having no Dependency in Respect of Power or Jurisdiction one on another they cannot in their own Sphere enlarge themselves by Subordinations to a political Body of any such Extension and Greatness as may render their Obedience or Compliance more doubtful or uncertain It is matter of Jealousie with Princes and States when there is in their Dominions a Body large and extensive firmly joyned and compact in it self of an interest peculiar and not holding of them Particular Churches are of a small compass sometimes comprehended in One ordinarily but of a few Families So that in this respect though their Interest and Government be peculiar they may retain it and for substance the same as Families do throughout the World Which will further appear in the following Considerations 1. It is granted on all hands That the Lord hath limited his Church to a Government which is perpetual and for substance to be the same in all places As also that the Nations from their Civil Government variously and as they judge most prudent 2. Since the Wall of partition by Christs Death was broken down The Gospel and Christian Churches were by Christs commission to be planted in all parts of the World It stands therefore with common reason that the Church Government Christ hath left us is of that Nature as without any substantial Alteration may comply with and not be prejudicial to any Civil Government 3. If particular Churches by Union become one body for extention as large as the Civil State There will hardly be a
determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-table-first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other §. 1 THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority Job 40.18 this is peculiar to rational Creatures and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself over others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority to be exercised in Causes and over Persons Ecclesiastical or Spiritual the one placed in the Princes the other in the Churches of Christ 1. The difference betwixt these two Powers 2. The Necessity if the Civil Power in Ecclesiastial Matters notwithstanding Church-Power §. 2 What is common to both and wherein each of these Powers differ from the other shall briefly be shewed 1. They are Powers both a Subordination or Policy in the Church as well as in the Common-weal and an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Jurisdiction exercised in each You read of Authority or Jurisdiction not only in Civil Assemblies as Rom. 13. John 19.11 but also in Churches 2 Cor. 10.8 and 13.10 the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in both places 2. They are both from God and the Ordinance of God and ought to be submitted to for Conscience sake and are for Encouragement to those that are Good and for Wrath upon him that doth Evil and he that resisteth this Power in either resists the Ordinance of God and they that resist receive to themselves Damnation as the Apostle speaks as well in respect to the one as the other And both being from God they are also both Powers under God that is under his Designment and Limits as also his Direction and Guidance for his Glory as the ultimate and the good of Mankind as the penultimate end of both 3. This Power of Princes is termed spiritual Ratione objecti because it hath to do with Spiritual Persons and Causes In such like a sense and manner of Speech if it had the stamp of vulgar Use the Church-Power may be termed Civil or Temporal because all sorts of Persons and Causes without Difference are under the Power of it That as the secular Power is Custos utriusque Tabulae matters of Holiness and what 's opposite to it Blasphemy Heresy Perjury c. as well as Righteousness so Church-Power is Custos utriusque Tabulae Righteousness and second-Table-Duties and what is opposite as Rebellion Sedition Lying Stealing if any Man that is called a Brother be a Fornicator or a Drunkard or an Extortioner c. In all these and such Cases the Church-Power is applied in an Ecclesiastical or Spiritual way as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table The Powers do mutually further each other and so ordained by God from whom they are both originally as they sweetly comply and agree being kept in their just Bounds each with other as Moses and Aaron David and Nathan Zerubbabel the Son Shealtiel and Joshua the Son of Josedech Jungamus Gladios said the Emperor to his Bishop let us joyn our Forces and purge the Land of Wickedness And our Senators in Parliament speak thus of these Both Authorities and Jurisdictions joyn together and the one helps the other Stat. 20. Hen 8. c. 12. §. 3 Their Differences are in these Particulars 1. Though both have in their respective way to do with
of a particular Church hath Affinity with that of lesser Bodies more than with the Government of Empires and Kingdoms Object §1 IT may be objected that Churches are spiritual Corporations and of a more peculiar Consideration in respect of their Government and therefore not to be reckoned with Civil at least not with Families or such mean and low Societies Answ Policy or Government in it self and all the sorts of it is from the Light of Nature and common Reason And this is generally supposed by all that tho the Subject Matter or Persons governed be of different kinds yet the Law and Forms of Government may be the same where so appointed by Christ And I rather insist on such a way of Discourse and Reasoning as most suitable to the Subject I am upon but especially because Subordination of Churches to Churches is argued from the Light of Nature and in this very Case termed by our Brethren a Divine Topick Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth from the natural Wisdom and Prudence of Man in the Government and managing of Kingdoms there is as much a Jus Divinum and ground of reasoning from the Light that appears in the prudent Constitution and Government of any other civil Society I have mentioned in the Considerations Cities Families and those lesser and contained as I term them Societies or Corporations with particulars Churches Because I humbly conceive the Policy and Government of each tho in other things different to be more proportionable and of greater Similitude in many things then between particular Churches and those greater and containing Bodies Kingdoms Empires or the like Churches thus humbly constituted and governed are most consistent with Civil Magistracy of what Form soever the Common-wealth shall be In Confirmation of this Agreement or Similitude I shall take for the most part the Concessions of the learned of each Perswasion The Instances or Particulars are these §. 2 1. Families tho contained under the National Government where they are sinuated yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self so are particular Churches 1. They are intrusted with a Government each for it self It is not sufficient saith Mr. Perkins Perk. on Rev. 2.20 for a Church to have the preaching of the Word but Church-Government This Church speaking of Thyatira is blamed because she did not use the Authority God had given her There is given to the Ministers of each particular Congregation according to Episcopal Ordination established by our Law not only a Power to preach c. Take Authority to preach the Word of God but they are made Rectors Governours in those particular Churches and it 's said to them Whose Sins thou dost remit they are remitted and whose Sins thou dost retain they are retained by which Words the Keys of Discipline are given them see Bilson Perpet Govern p. 213. ' By Order of the Church of England saith Bishop Vsher Reduct of Episc p. 2. all Presbyters are charged to administer the Doctrine and Sacraments and the Discipline of Christ as the Lord hath commanded and as this Realm hath received the same And that they might the better understand what the Lord hath commanded therein the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordination Take heed to your selves and to all the Flock among whom the Holy Ghost hath made you Overseers to * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so taken in Mat. 2.6 and Rev. 12.5 and 19.15 rule the Congregation of God which he hath purchased with his Blood ' ' Mr. Hooker Ho. Eccl. Pol. lib. 3. Sect. 1. tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the visible Church have mutual Fellowship and Society one with another In which Consideration the Catholick Church is divided into a number of distinct Societies every of which is termed a Church within it self not an Assembly but a Society A Church as we are now to understand it is a Society that is a number of Men belonging to some Christian-Fellowship the Place and Limits whereof are certain having communion in the publick Exercise of such Duties as are mentioned Acts 2.47 As those of the Mystical Church by their inward Graces differ from all others which are not of the Body and those that are of the visible Body of the Church have the Notes of external Profession Even so these several Societies or Churches have Properties belonging to them as they are publick Christian Societies And of such Properties it may not be denied that one of the very chiefest is Ecclesiastical Policy We use the name of Policy rather than Government because Church-Policy containeth both Government and also whatsoever besides belongeth to the ordering of the publick Affairs of the Church of God ' In which words he asserts not each particular Church to have Government in it self but this Government as a Property or Propriety by which it 's distinguished from the Mystical as also the Catholick visible Church So that he doth not as some of late make the Catholick visible Church the first Subject of the Keys but each particular Society or Church supposing that great Body of Christians to be only and immediately under the Spiritual Government of Christ Jesus 2. Compleat and sufficient It is not to be understood of such a perfection as may not with much advantage receive help both from the Power of the Magistrate as I have shewed before as also from the Counsel and Advice of other Churches But I mean an essential Compleatness or Sufficiency not being deficient in any material requisite for Government This that learned Author expresseth in those last Words ' We use the Word Policy saith he rather than Government because Church-Policy containeth both Government and also whatever besides belongeth to the ordering of the Affairs of the Church of God Every particular Church saith Mr. Cartwright Against Whitgift lib 3 pag 147. having an Eldership is a Catholick Church of Christ under whom Pastors Doctors and Elders are the ministerial and immediate Governors In which Words he intimateth a Compleatness in each particular Church for Government and Privileges as much as if the Catholick visible Church were Organical and a governing Church ' The Power of Jurisdiction saith one Rutherf Due Right 〈◊〉 Presbyt pag. 307. is as perfect and compleat in one single Congregation as in a Provincial as in a National yea as in the Catholick visible Body ' All Things are yours saith Paul to a particular Church 2 Cor. 3. To this purpose Mr. Parker Parker's Polit. lib 3. cap. 13. Sicut non pars c. As a particular Church is not a maimed or half but a whole and perfect Body so it is possessed with the whole and entire Church-Government and not
Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us Soto de Just lib. 54. 6. art That in a voluntary and brotherly Society it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be considered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15,16,17 where each step and circumstance in the progress from a lesser to a greater Authority is described II. Disparity From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all III. Disparity The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at last will be brought to a Tribunal that is Infallible Licitum est saith P. de Aragon Aragon in 2. 2. q. 69. a. 3. D.Th. in re grave cuique causam suam defferre ad sedem Apostolicam quando vel ex imperitia vel ex Passione inferiorum judicum qui homines sunt ac decipi possunt injuriam patitur The Pope cannot be deceived he is more than a Man 2. Matters of Fact by reason of Appeals come to be sentenced at a great distance from the place where the Crime and Offence lieth which in Worldly Concernments may with more Righteousness be done than in what is Spiritual and of Church Cognizance 1. Transgressions come under a Civil Judgment as materially considered and according to the gross Act but brought to the Church not as Sins simple but as Scandals and Offences which is a Consideration not so obvious but requires good judgment in the Witnesses as well as in the Judges The Obstinacy also or Penitency of the Person offending accordingly as Testimony shall be given of either is a more difficult matter to make out than either the Sin it self or the Scandal Repentance Godly Sorrow or the contrary is the principal thing to be regarded in Church-process Repentance I say in truth and sincerity so far as we can judge in a seeing and not blind charity It is not only the Passion Sorrow or Shame but Godly Sorrow which is more spiritual and deeper in the heart and requireth much and particular knowledge of the Person and his temper and such as cannot be attained at a distance but by frequent and familiar Converse To sit in the Stool of Repentance stand in a White Sheet or do Penance as it 's termed these are as the fruits of the flesh manifest and judged of at the greatest distance it 's not so deep as we need much understanding to draw it out Prov. 20.5 2. The Censure whether binding or loosing is to be executed always by the particular Church where the Offender is a Member those persons above all others are to have a particular knowledge of his Crime and true Repentance they are to forgive and confirm their love 2 Cor. 2.7 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. Mat. 18.15,17 The Execution of the Censure being by each Brother of that Church it is necessary the Examination of the matter be before them Spiritual Duties are not to be performed upon an implicit Faith What knowledge but by remote heresay can a Church in the Orchades have of a mans repentance or obstinacy the ultimate tryal and