or Censures may lawfully by a Church or any Ecclesiastical Assembly be threatned or drawn forth against a whole Nation and the chief Governors thereof to urge or compel especially in State concernment as the Pope and some others have done though it be truly in ordine ad spiritualia The fifth Instance or particular is this The 5. Instance A Family of all Corporations or Societies is the lowest species or kind it 's Consociatio simplex prima and hath the least of pomp or state in the Government of it Cottages are built low Palaces with many stories one above another Those great and extensive Bodies Empires and Kingdoms represent in their Government more adequatly the mystical Church in respect to Jesus Christ who is their King and Lawgiver whose Kingdom is with Power and Glory a Power that is truly Imperial and Princely having Officers under him his Kingdom reaching to the utmost ends of the Earth who in his name command reward and punish But Particular Churches as Governed by his Ministers have their porportion rather with the meanest and lowest Societies of men The Scripture seems to point at more than a similitude and likeness betwixt a Family and Church in the managing of affairs I mean in the general and what is it not determined by express Institution Paul speaking to Timothy about Church affairs mentioneth their expertness in Governing a Family as a good preparative or qualification for Church administrations And this is not only Negatively 1 Tim. 3.5 if a man know not how to rule his own house how shall he take care over the Church of God But affirmatively These things I writ that thou mayest know how thou oughtest to behave thy self in the house of God which is the Church of the living God The sence is full in those words vers 15. the Church of the living God yet it is added the house of God purposed as it were to carry the Eye back to what was written ver 5. which sheweth that there is a great affinity betwixt our Houses and the Houshold of God In a Fathers Governing his Children saith one there is a lively resemblance of such Duties of Government which he is to dispence towards the Church There is nothing enjoyned the Minister as a Father of Children which belongeth not to him as he is a spiritual Father of the Children of God On the other hand it may be observed this question being amongst the Apostles Matth. 18.1 who or which of us shall be the greatest in the Kingdom of Heaven upon supposition the Church being termed a Kingdom there would be places of State and higher dignity in it as are in the Kingdoms of the World Christ Answers There shall be no such thing no primacy in one Apostle over another no the greatest of you shall be the least and the first shall be the last Though a Jurisdiction and power truly Imperial absolute and equal to any of the Kings of the Gentiles belongs to me and I exercise it in those spiritual administrations yet no such dignity may be assumed by you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 22.25 1. When the Scripture speaks of a particular Church under the notion of a Family or Houshold Government or Ruling is mentioned as that wherein the similitude or proportion is most perspicuous and clear as hath been shewed But speaking here of a Church under this expression a Kingdom how purposely are we cautioned against an imitation in Rule and Authority 2. We may further observe that Ambition after greatness in those that manage these great things Hos 8.12 1 Pet. 1.4 is an infirmity almost unavoidable For if 1. Such persons the holiest men on the earth they who had forsaken all to follow Christ 2. And these so often relapse into this folly after they had been reduced from it by Christ 3. And at such times immediatly after Christ had minded them of his Death Matth. 20.19 20. Luke 22.21 24. 19. with 24. and that one of them should betray him when also they had newly been at the Communion with him What great cause is there that every man be very jealous of his own heart 3. It is not unevident also from the Disciples often Disputes about their greatness that most of our controversies and contentions about Church-Government if traced home will be found to arise from hence namely The having our Eye fixed so much upon the lofty state of a Kingdom as our pattern in such managements rather than that familiar and humble way of a Family For indeed this was the only breach and contest that we read of amongst those holy Men the Disciples of Christ 4. And where such differences are a Reconcilement will be found more difficult because where the mind is bent on worldly greatness we are very dull and slow in understanding whatsoever shall be spoken though from Christ himself that seems to cross those thoughts as appears also in that story Mark 9.32 A Parent or Master would not easily have been tempted into such an Error or make this question who or which of us shall be the greatest that is have a paternal power over other Parents and their Families c. And had the Disciples looked upon Ministerial power under so low and humble a notion as what is Economical James and John would never have thought it congruous that they should have an Apostolical power over the other Apostles Hoc Papatum fefellit c. saith Cartw. This deceived the Papacy which governs throughout after the form of worldly * Plurimorum consensu Ecclesia à repub formam illam magna parte mutuata est Eilesac Empires The Pope he is as the Emperor himself the Cardinals as his Deligates or Representative the Arch-Bishops as the Governors of Provinces c. Hence John calls the Church of Rome the Image of the Beast the Vizard of the Roman Empire For further confirmation of this fifth particular or Instance let it be considered how seldom and sparingly a particular Church in the N. T. is termed a Kingdom Although 1. It s Government be derived as a Branch of Christs Kingly Office 2. Church Ordinances are the most effectual means by which he exerciseth his spiritual Soveraignty in each mans soul 3. His Mystical Kingdom on earth thus by parcels comes to be wholly under an external spiritual regiment and 4. His Church when National was managed in the Glory and State of a Kingdom Yet notwithstanding all these leading occasions how sparingly and not without special Caution is a particular Church thus termed Whereas not only the Society but the Government Officers Ordinances Censures and other Church matters are universally and frequently delivered unto us by Christ and his Apostles in terms apt to mind us of this low and humble policy To give some Instances thereof 1. A particular Church or the Society it self is represented unto us as the House of the living God 1 Tim. 3. His
all or some of these Propositions following 1. That I King James am not the lawful King of this Kingdom and of all other my Dominions 2. That the Pope by his own Authority many depose me If not by his own Authority yet by some other Authority of the Church or of the See of Rome If not by some other Authority of the Church and See of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Foreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects of their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer Violence to my Person or to my Government or to some of my Subjects 8. That if the Pope shall by Sentence excommunicate or depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence excommunicate or depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to reveal all Conspiracies and Treasons against me which shall come to their Hearing and Knowledg 11. That it is not heretical and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subjects or any other 12. That the Pope hath Power to absolve my Subjects from this Oath or from some par thereof 13. That this Oath is not administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation mental Evasion or secret Reservation and not with the Heart and good Will sincerely in the Faith of a Christian Man These are the true and natural Branches of the Body of this Oath The CONTENTS CHAP. I. THe Occasion of this Oath various Form and Alteration of it Interpretations of this Oath given in our Laws and Writers of note The nature of our Assent and Stipulation CHAP. II. What is ment by Things and Persons Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms CHAP. III. Of Power its rise and original Two sorts of Power in Ecclesiastical or Spiritual Things their Agreement and Difference CHAP. IV. Of the necessity and usefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches and Church-men This Power is placed in Kings and such as are the supream Governours in a Common-wealth CHAP. V. The Government of particular Churches hath Affinity with Families Cities and the like lesser Bodies more than with the Government of Empires and Kingdoms confirmed in six Instances A Digression Of Independency Name and Thing its consistency with the King's Supreamacy CHAP. VI. Of the Jurisdiction over particular Churches placed in Ecclesiastical Persons as it is 1. Exercised with us in this Nation 2. As it is in other Reformed Churches herein Of Appeals that are properly such in Ecclesiastical Matters these are always to be to the Supream Civil Magistrate only or to such as are appointed by him A Post-script giving some account of the congregational way from such Principles of it as are laid down in this Treatis THE LAWFULNES OF THE Oath of Supremacy c. THE Supremacy of the Kings of England being eclipsed by the Bishop of Rome in both parts of it the State thought fit to enjoin a Provision of equal extension In relation to the Civil Rights of the Crown is the Oath of Allegiance and against the Encroachments upon the Ecclesiastical this of the Supremacy which being first enjoined containeth in a manner both This Oath hath given the Papists such a Blow as they could not but strike again and have poured out a Flood of Arguments and Absurdities against submitting to it which hath been a long time scattered and stick in the Minds of divers of his Majesty's Loyal Subjects who tho otherwise well affected yet by reason of some Doubts and Tenderness are at a stand to this day and scruple the taking of this Oath For whose satisfaction and clearing the Lawfulness of this Supremacy is the ensuing D. scourse CHAP. I. § 1. The Oath it self as now enjoined § 2. The Occasion of this Oath § 3. Various Forms of it and Alterations about it § 4. Interpretations given of it in our Laws and Writers of Note § 5. The Nature of our Assent and Stipulation The Oath of Supremacy I A. B. do utterly testify and declare in my Conscience that the King's Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors as united and annexed to the Imperial Crown of this Realm § 2. For many Years there hath been a Contest about Jurisdiction and Supremacy in Ecclesiastical Matters between the Bishop of Rome and the Kings of England who hath got ground herein according as our Princes were found more weak necessitous or devoted to his Holiness Rome was not built in a Day By William the Conqueror Legates from the Pope to hear and determine Ecclesiastical Causes were admitted Henry the First after much Contest yields to the Pope the Patronages and Donations of Bishopricks and all other Ecclesiastical Benefices it being decreed at Rome that no Lay-Person should give any Ecclesiastical Charge King Stephen grants that Appeals be made to the Court of Rome In Henry the Second's Days the Pope gets the Clergy and Spiritual Persons exempted from Secular Powers The Bishop of Rome is now over all Ecclesiastical Persons and Causes even in these Dominions Supreme Head And having upon the matter made Conquest over more than half the Kingdom in the Times of King John and Henry the Third sets on for the whole and obtains of King John an absolute Surrender of England and Ireland unto his Holiness which were granted back again by him to the King to hold of the Church of Rome in Fee-farm and Vassalage Being now absolute and immediate Lord over all he endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced
over many Churches much more over whole Kingdoms and Provinces of Churches Dr. Bilson speaks much to this purpose Of Supremacy pag. 238. Tho saith he Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter containeth all the People in a whole Nation Holy Common-wealth pag. 220. or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. We see saith Sir Fr. Bacon in all Laws in the World Considerations about Church-Affairs Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power moddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern 1 Eliz. cap 1. with 35 Hen 8. making the same Fault Treason in one Age that in the next not so much as Imprisonment But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be she same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo tum Ecclesiastica tum Civilis Carbo de Leg. iib. 2. cap. 8. sit à Deo tamen non eodem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1 Pet. 2. Church-Power and Government being spiritual hath all particulars for substance both in respect of Persons and Administrations for matter and manner appointed by Jesus Christ and in all Nations to be the same Civil Power even in Ecclesiastical Matters in many things for substance is left to the Prudence of the State in which it is exercised and in the Forms of it various according to the manner of the Nation As for Instance Inspection into Religious Assemblies visiting and observing their Demeanour receiving Complaints by reason of Wrongs Disorders c. These things may be done by the Civil Magistrate in his own Person or by Persons authorized from him these Persons may be many or but one in a Division these Divisions of larger or less Compass And for the manner of Procedure it 's various as Ecclesiastical Courts differ in their manner of Process from Civil or of a Method or Way of handling Causes different from each be established by Law it is equally warrantable There are particular Directions left by Christ according to which the Officers and Persons more especially entrusted with this Power are designed to and invested in their Places and Charge as Election Ordination c. with Fasting and Prayer The other Powers are setled upon and claimed in such ways as the respective Law of Nations design as by Birth Lot Victory Donation or the like as well as Election insomuch as a Woman or Child may have a rightful Claim to this Supreme Trust and the Management of it by themselves or others as shall be appointed CHAP. IV. § 1. Of the Necessity and Vsefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches § 2. This Power is placed in Kings and such as are the Supreme Governors in a Common-Wealth § 1. FOr the second we shall shew how necessary and useful Civil Power is even in Ecclesiastical or Spiritual Matters notwithstanding the other It is not to be denied that Souls were converted and Churches established and kept up when there was no Assistance but rather Opposition from the Princes of the Earth as in the Apostolick and Primitive Times The Benefit we have now by Christian Mgistrates was then more abundantly supplied the Infancy of Christianity requiring more by the Miracles wrought and the constant Direction and Care of Apostolick and extraordinary Persons who were gifted by Christ for that purpose All the ordinary Helps that now we have by external and more sensual or carnal Means contributing any thing to these great Works is only a pious and Christian Magistracy where a Nation is blessed with it The Benefit hereof is much in a spiritual respect both to the World as likewise to the Church 1. It is tho remote a great Help to bring Men out of their natural Condition unto Life and Salvation We are exhorted to pray for Kings and such as are in Authority 1 Tim. 2. The reason v. 4. For God will have all men to be saved and to come to the knowledg of the Truth As the Knowledg of the Truth is a means to bring a Soul into a saving State so is the Magistrate being enlightned himself a great Means to bring us to the knowledg of the Truth Those Men were in a great Distance from God in a Rage against Christ and Religion Psal 2.1 they did combine against the strict Ways of the Gospel these poor Heathens being notwithstanding given to Christ by Election v. 8. David useth a twofold Method for reducing them The first is a representing their wretched and miscrable Condition while in this State of Enmity ver 9. Then 2. deals with their Princes and Rulers to be forthwith instructed and serve the Lord i.e. as Kings and Magistrates in their publick Capacity But must not the People be instructed also Such Magistrates will speedily provide and take care for their People that they may be brought to the knowledg of the Truth and therefore it needs not to be mentioned The Magistratical
Whit. Tract 3. c. 6. p. 181. in an external and visible way These visible Bodies are either greater and containing as Empires Kingdoms Provinces c. Or those that are less and contained as Cities Colledges Parishes Families and the like whether they be Civil or Ecclesiastical These lesser though they have the Compleatness of a Body or Corporation each in its kind and sufficient Power to govern it self yet not to govern one another A Church hath not Authority to govern a Church nor a Family or the chief in it to govern a Neighbour-Family The Light in the least Star is sufficient for it self but not to rule the Day or the Night as the Sun and Moon These lesser Bodies are therefore so composed in their several Regiments that many of them together may lie in the Bosom of a greater Corporation and it will be for their better and more comfortable subsisting and Government There is no external Coercive or ruling Power that falls in and fills up the space betwixt those great and Catholick Bodies the World and the Church and those lesser and lowest Regiments and Societies but what is or ought to be expected by or from the Civil Magistrate who is to be acknowledged of his Subjects whether Ecclesiastical or Civil under God to be over all Consid 3 3. These lesser Societies therefore ordinarily are found under a twofold Regiment or Discipline The one intrinsecal and peculiar which in Families is received from the Light of Nature and from the Light of Institution in Churches The other more General and Common And these lesser Bodies come under it by reason of their Situation being within the Confines of such a Republick they are under the Jurisdiction of the Princes thereof De Episc lib. 3. c. 5. Each Prince saith Mason hath Power in subditos suos ac proinde in Ecclesiam modo subditi sunt Ecclesiae If situated where there is no formed Common-wealth King or Supream Power over them they are as a Free-State each Family City and Church immediately under God and Christ and no other Power but what it hath in it self which being a Power not derived from the Magistrate but peculiar to a Family or Church remains in them though no Magistrate Such was the Family and Church-state in the time of the Patriarchs for two thousand Years Consid 4 As it is a Happiness to a People that live in Empires and Kingdoms that these are parcels of that World which hath the righteous God to govern it who is the King of Kings and Lord of Lords 2 Kings 19.15 So is it likewise to these lesser Bodies a Family or a Church that they are situated under the Wing of a Christian and well-governed Common-wealth Where their Governours may be under some Government and in Wrongs and Disorders they may have the Benefit of a Magistrate's Authority to appeal unto CHAP. V. 1. The first Objection answered 2. The Government 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 for a Church to have the preaching of the Word Perk. on Rev. 2.20 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 all Presbyters are charged to administer the Doctrine and Sacraments Reduct of Episc p. 2. and the Difcipline 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 Ho. Eccl. Pol. lib. 3. Sect. 1. rule the Congregation of God which he hath purchased with his Blood Mr. Hooker 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 anumber of distinct Societies every of which is termed
The Oath of Allegiance I A B do truly and sincerely acknowledg profess testify and declare in my Conscience before God and the VVorld that our Sovereign Lord KING CHARLES is Lawful and Rightful KING of this Realm and of all other his Majesty's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to Depose the KING or to dispose any of his Majesty's Kingdoms or Dominions or to Authorize any Foreign Prince to invade or annoy Him or his Countries or to discharge any of his Subjects of their Allegiance or Obedience to his Majesty or to give License or Leave to any of them to bear Arms to raise Tumults to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart That notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made and granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my Power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown or Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I further swear That I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be Excommunicated or Deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in my Conscience am resolved that neither the Pope nor any other Person whatsoever hath Power to absolve me of this Oath or any part thereof which I acknowledg by good full Authority to be Lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these Things I do plainly and sincerely acknowledg and swear according to these express VVords by me spoken and according to the Plain and Common Sence and Understanding of the same VVords without any Equivocation or Mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God The Oath of Supremacy you may see at large in this Book page 2. THE LAWFULNES OF THE Oath of Supremacy AND Power of the King IN Ecclesiastical Affairs With Queen Elizabeth's ADMONITION declaring the Sence and Interpretation of it confirmed by an Act of Parliament in the 5th Year of her Reign Together with a Vindication of Dissenters proving That their particular Congregations are not inconsistent with the King's Supremacy in Ecclesiastical Affairs With some Account of the Nature Constitution and Power of the ECCLESIASTICAL COVRTS By P. NYE a Congregational Divine sometime Minister in London In the Epistle to the Reader is inserted King James's Vindication and Explication of the Oath of Allegiance LONDON Printed for Jonathan Robinson in St. Paul's Church-Yard and Samuel Crowch in Cornhill 1683. The Publisher to the Reader THE reprinting of this judicious and learned Treatise of Mr. Nye 's is occasioned by the re-imposing of the Oaths of Allegiance and Supremacy on the City of London at this Juncture for Election of Common-Councel-Men some supposing that many Dissenters will refuse the said Oaths or at least that of the Supremacy but by what is here said it will appear King James in his Catalogue of Tortus's Lies saith The Puritans do not decline the Oath of Supremacys but do daily take it c. and the same Supremacy is defended by Calvin himself Instit l. 4. c 20. Bp Andrews says the same Tortura Torti p. 110. that the Principles of Dissenters are not inconsistent with the King's Supremacy in Ecclesiastical Affairs and as a further Testimony hereof as they have* formerly so they are again ready to take the said Oaths and professedly assent also to all the Articles of Religion which concern only the Confession of the true Christian Faith and the Doctrine of the Sacraments comprised in a Book entituled Articles c. printed 1562 and so do humbly hope living peaceably under his Majesties Government they shall obtain that Indulgence which his Majesty hath often graciously promised and which they formerly enjoyed his Majesty having told us in his Declaration for Indulgence It being evident by the sad Experience of twelve years that there is little fruit of forcible courses And in his gracious Speech Febr. 5. 1672 assured the Parliament that he had hitherto found the good Effect of the said Indulgence The Reverend Author hath said nothing of the Oath of Allegiance supposing no Protestant scruples that unless it be such as scruple all manner of Swearing but that all may understand the nature and design of both I will here insert the Words of King James in his Apologie for the Oath of Allegiance p. 46 c. in his Answer to Card. Bellarmin 's Letters Viz. As the Oath of Supremacy was devised for putting a Difference between Papists and them of our Profession so was this Oath of Allegiance which Bellarmine would seem to impugn ordained for making the Difference between the civily obedent Papists and the perverse Disciples of the Powder-Treason In King Henry Eighth's time was the Oath of Supremacy first made by him were Thomas Moor and Roffensis put to death partly for refusing it From his time till now have all the Princes of this Land professing this Religion successively in effect maintained the same and in that Oath only is contained the King's Absolute Power to be Judge over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions Whereas this last made Oath containeth no such matter only medling with the Civil Obedience of Subjects to their Sovereign in meer Temporal Causes And that the Injustice as well as the Error of Bellarmin's gross mistaking in this Point may yet be more clearly discovered I have also thought good to insert here immediately after the Oath of Supremacy the contrary Conclusions to all the Points and Articles whereof this other late Oath doth consist whereby it may appear what unreasonable and rebellious Points he would drive my Subjects unto by refusing the whole Body or that Oath as it is conceived For he that shall refuse to take this Oath must of necessity hold
to very great Poverty and Servitude Such Ruine being brought upon both Kingdoms by this Device and Engine the Claim and Exercise of Ecclesiastical Jurisdiction over Persons and Causes by a Foreign Power the Nation was awakened both King Lords and Commons yea the Spiritual Lords themselves to join with more Vigor against this Foreign Usurpation To this purpose severe Laws were made in the Time of Edw. 1st 2d 3d. Richard the 2d and Hen. the 4th Notwithstanding these Laws and some formerly as the Constitutions of Clarendon by Hen. 2. partly by Sufferance and partly by Negligence the whole Nation being Catholick and held under a devotional Slavery there was no thorow or successful Contest against these Oppressions They remained unto and were complained of in Henry the Eighth's Days as of Appeals to Rome in Causes of Matrimony Divorce Tithes c. to the great Inquietation Vexation and Trouble Costs and Charges of the King's Highness and many of his Subjects 24 Hen. 8. cap. 12. In a further Complaint Anno 25 cap. 21. it is declared how that the Subjects of this Realm have been greatly decay'd and impoverished by intolerable Exactions of great Sums of Money claimed and taken out of this Realm by the Bishop of Rome as well in Pensions Censes Peter-Pence Procurations Provisions Delegacies Rescripts in Causes of Contention and Appeals as also for Dispensations Licenses Faculties c. who assumed a Power to dispense with all humane Laws Vses and Customs of all Realms And many the like Complaints were made to King Henry by his Parliament at several times as it appears in the Statutes of that Age In which Statutes as in that of the 24th of Hen. 8. c. 12. 25. c. 21.26 c. 1 3. Anno 28. c. 1 7 10 16 and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level and all Ecclesiastical Power reduced within his Majesty's Dominions and placed in the Arch Bishop and other Ecclesiastical Persons under him by firm and severe Laws This being done the King is petitioned by his Lords and Commons That for further Corroboration of those Acts and utterly to exclude the long usurped Power Authority and Jurisdiction of the Bishop of Rome that an OATH containing the Substance and Effect of those Statutes be limited and tendred to his Subjects This Parcel of Sacred Worship an Oath is indulged to Mankind in Civil Affairs Such is the Falseness Unrighteousness and Uncertainty of Men as that human Societies could hardly subsist without it The Lord to repair our Credit hath formed Mens Hearts generally to a great and apparent Religion and Reverence of this Ordinance The Heathens themselves termed it Sacramium as if the most eminent or only Thing Sacred and religiously to be observed It is so effectual a Means to establish a Reformation as Men will be kept firm by Oaths saith one tho there were neither Laws nor Magistrates Liv. Hist We are exposed to more Variety and Changes from Vnsteadiness in the Mind than from any thing that is without us Fix the Conscience and you six the Man whatever Evil he is thereby exposed to There is nothing generally more effectual to fix the Conscience than an Oath If I have sworn and invocated the Name of God in an Engagement it will be an End of all Strife and dispute with my self as well as with others Heb. 6.16 Our Counsels and Resolutions are in common apprehension become immutable when confirmed by an Oath ver 17. Numb 30.3 Whosoever saith Moses sweareth an Oath and bindeth his Soul by a Bond. It is the Bond of the Soul we have given Security for our Faithfulness from Heaven For removing the Romish Yoke which lay so heavy upon Prince and People Means hath been used again and again almost in each King's Reign for near Four Hundred Years but to no great effect Gospel-Light dawning about us and the binding of our Souls by an Oath hath been the fixing of this great Work and the best Fence against Popery that ever was set up I have spoken the more sully of the Occasion and this Means our Oath that we may not judg the taking of it to be a taking the Name of God in vain for as long as this Nation is in danger of Popish Tyranny in Ecclesiastical Matters so long is this Oath of absolute use and advantage as the best Security between Man and Man for Union against it § 3. A Parliament being called in 22 Hen. 8. the King was recognized by the Clergy of that Convocation Supreme Head of the Church the Expression or Form hereof debated a reed upon and subscribed by each Person there was this Cujus Ecclesiae Anglicanae singularem Protectorem unicum supremum Dominum quantum per Christi leges liect supremum Caput ipsius Majestatem recognoscimus This Title was afterwards confirmed by divers Acts of Parliament and two Oaths formed to this purpose in one Parliament viz. 28 Hen. 8. the one more brief having with it the Succession of the Crown in cap. 7. the other more full and large and to this purpose only cap. 10. Some Years after viz. in An. 35 Hen. 8. a Revive of both these Oaths was made by the Parliament and with some Alterations reduced into one The Reasons there are given why this was done and it was resolved Those Oaths shall not therefore be administred and this Oath to stand in force and place of the two Oaths Which Oath began thus I A. B. having now the Vail of Darkness of the usurped Power of the See and Bishops of Rome clearly taken away from mine Eyes do utterly testify c. This Oath remained the same the rest of his Reign and all Edward the Sixth's time Queen Elizabeth in the first Year of her Reign made these Alterations 1. That Expression of Supreme Head c. went hardly down by some as taking too much from the Pope and as giving too much to any Secular Prince by others Tho Henry the 8th by his Letter written to the Clergy of York-Province Anno 1533. well defends it yet Queen Elizabeth by her Parliament changed that Expression 1 Eliz. 2. The Oath was altered to use Secretary Walsingham's Words into a more grateful Form In his Letter to Critoy Sec. of France the hardness of the Name and the Appellation of Supreme Head being removed 2. This Oath by that 35 of Hen. 8. might be tendered to any Subject at the King's pleasure cap. 1. By the Statute 1 Eliz. 8. the urging of it was limited to certain Persons employed in Publick Trust 3. The Penalty for refusing it at first was no less than High-Treason By the Statute 1 Eliz. the Punishment for Refusal is only a Disenablement to take any Promotion or exercise any Publick Charge yet with this Proviso if afterwards during Life there were a submitting to take this Oath the Person might be restored to his Office or Charge But by the Parliament in 5 Eliz.
even to the Churches of Christ And although it should not be a good reasoning to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars a Chron. 8 14. many of them being Prophets as well as Princes yet the Benefit and Usefulness of such Power may be the same unto us as unto them both in respect of Terror to Evil-Doers and Praise to them that do well Though an Argument from Circumcision applied to Infants will not weigh with some because they deny Baptism to be a Sacrament of that Nature Yet this cannot be denied by them that if an Infant be capable of Benefit by an Ordinance it understands not Infants may as lawfully in that respect be baptised whille Infants as they were then circumcised The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government will argue at least that there is a Capacity in Men now to receive Benent and Good thereby even in spiritual Matters as they did then which is all that is aimed at 4. As it is the Duty of each Person Col 2. so of Churches to walk wisely towards them that are without that their Order may be looked upon not only with Rejoycing by Neighbour-Churches but such as may appear amiable and comely in the Eyes of all Men. There are many things common to all Societies which Nature and civil Customs instruct us in and are especially to be heeded by Churches For as the things Moral and Lovely in the Eyes of Men being neglected by Professors the Gospel will suffer so much more if by Churches The outward Beauty of these Christian Assemblies consists very much in what is requisite and comely in all human Societies as Unity Love Peace brotherly Forbearance c. Let all things saith the Apostle Phil. 2. be done without murmuring or disputing Paul charged the Church of Corinth with this that there were Debates Envyings Wrath Strifes Back-bitings Whisperings Swellings Tumults 2 Cor. 12.20 and the like amongst them There may be Wrongs and Oppressions in Churches as in other Assemblies Innocent Persons impeached and censured as Schismatiks Seditious and Disturbers of the Peace and no Remedy but from the Civil Magistrate Paul appeals from the Church to Caesar a Secular Prince expecting from him though a Heathen more Justice then from his Brethren being Parties and in their own Cause For where Parties are Judges the Sentence is passed before the Cause is heard As a Church may be offended so they may 1 Cor. 10 32. and oft-times do give Offence as well as single Persons It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whither single Persons or Assemblies And the Truth is if such Assemblies that is Churches be not under the Magistrates Jurisdiction they are under none and will be at a loss in respect of all those Advantages before mentioned The Vsefulness of this Power being declared so fully it will not be difficult to evince the Necessity if it that is to the well-being of Churches For whatsoever thing is useful in Spiritual Affairs is in the same degree necessary I argue thus If the Ruling and Coercive Power in a Church extends it self no further than its own Members if one particular Church cannot suspend excommunicate or exercise any the like Jurisdiction over another it will then follow vvhatsoever benefit or advantage Churches or their Members are supposed to have and reap by being under any external Ruling Power here on Earth this may and ought to be expected from the Magistrates Ecclesiastical Power and no other His being the only Power that is of such an Extension and Compass as to be over all Persons and Societies without his Dominion For the further Explication and Confirming of what is asserted I shall lay down some Considerations and then answer Objections Purposely enlarging upon this Argument as tending much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these Consid 1 There is no Power or Authority either in Church or Magistrate that doth directly and immediately compel or enforce the Soul Pains Penalties Restraints bodily Punishments or what comes nearer and is more spiritual as Admonition Suspension Excommunication or the like ' When Persons in any of these ways are judged and censured by the Church or Magistrate or both it hath its Fruit and effect in respect of Morals only in a more remote and circular way as by working upon the Judgment and Affections for there is no created Power can reach the Soul to put upon it any immediate Force or Restraint further than by applying such means discovered by the Scripture or Light of Reason as are apt and sutable to set the Soul and Conscience of a Man to work upon it self We term it Coercive in difference from what is only directive and perswasive for according as the Lord hath appointed means to this or that end accordingly he works and so we ought to judg and speak Now besides means appointed for Instruction and Perswasion God also hath added Discipline a means morally coercive which hath Pain and Shame it 's a Punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Destruction of the Flesh therefore a means morally Compulsive and more than meerly perswasive the Rod and Reproof is more than a single Reproof 1 Cor. 4 21. Prov. 29.15 Prov. 29.19 it is a Correction which is compulsive a Servant will not be corrected with Words To make all but directive is to confound the Keys The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart Mr. B. in his first Dispute p. 6. but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment There is the Word read Gospel preached and visible Seals we are to judg a greater and more effectual Exhibition of Christ in the one than in the other yet all alike to a carnal and unbelieving Soul Consid 2 2. There are two great and Catholick Bodies or Kingdoms immediately and invifibly governed by the Lord and his Christ The World and the Church made up each of lesser Corporations as Cities Families particular Churches c. I say invibly and immediately for as God is invisible so what he acts immediately he acts invisibly As the Church is distinguished into visible and invisible so is the Power by which it is governed Invisible as in a secret and mysterious way and immediately from the Lord And thus are all Kingdoms Nations Tongues and Languages united as in one even the great bulk of Mankind as also the Catholick Church that great Body of Saints they are all thus governed by the Lord and by the Lord alone and not by Man Visible as where these great Bodies of Men and Christians come to be cantoned parcelled and formed into Political Bodies governed by Men
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 A fourth Particular which ariseth from the former 4 Instance 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 due and peaceable accord and each enjoy its priviledge and Liberties without prejudice to the other unless these two great bodies be moulded and formed one with respect unto the other The policy therefore of the Nation and the National Church of the Jewes were both respectively formed by the Lord himself 4. Hence this opinion of States-men that there is no form of Church Government left by Christ or his Apostles but to be moulded by the wisdom and discretion of Christian Magistrates as may best sute and joynt in with the Civil Government And of others the contrary The Commonwealth saith one must be made to agree with the Church and the Government thereof with her Government for as the House is before the Hangings therefore the Hangings which came after must be framed to the House which was before so the Church being before there was any Commonwealth and the Commonwealth coming after must be fashioned and made suitable to the Church We need none of these extteams The middle way is this Let not the Churches claim to be National or Provincial Jure divino but leave such disposements to the civil Magistrate and be numbred with those lesser Societies Families Cities Colledges c. For these do retain in themselves much the same form of Government and Freedom therein throughout the World 5. It is not so much a different Form of Government For in each Republick there are contained lesser Societies of all Forms but their Extention and Potency in numerousness of Persons by which they are made up Nor from this Principallity but the nature of their Vnion and Incorporation begets the Jealousies If particular Churches become Diocesan Provincial or National by Union from the Law or Direction of the Civil Magistrate for the better exercise of that Ecclesiastical Jurisdiction the Lord hath intrusted him with and conveniency of such persons as he shall appoint to inspect the Churches in such a case the Greatness of Churches cannot be disturbent to the Civil Government being so directly under its cognizance Holy Common-wealth R. B. p. 2. 220. The Common-wealth saith one containeth all the people in a whole Nation or more united in one Soveraign but particular Churches distinct from the universal united in Christ have no general Ecclesiastical Officers in whom a Nation must Unite as one Church How then become they to be termed a National Church Ans As several Corporations in one Kingdom or as so many Schools that have a peculiar form of Government but such only as is under and united in the Magistrates Government in its kind If this should be claimed as the Law or Priviledge of each Family that the Governors be it the Father or Husband or Master are thereby invested by Nature with the same Power in respect to all Families in a Nation and by several Correspondencies and Subordinations raise and Vnite themselves at last into a general Assembly or Representative And by Vertue of that Enconomical Authority give Laws to the whole Nation though not as their Subjects yet to the same persons under another notion that is as Wives Children Servants There is no well Governed State could entertain such a spreading interest as this without great doubtfulness lest their Authority and Supremacy should hereby be much Ecclipsed 6. But a particular Church consisting only of a few persons in it self and independent on others is necessitated to depend under God upon the Magistrate for protection Which if they should not obtain but be opposed and persecuted yet have no ability to resist being as a Family single and alone not able to defend it self or molest others Nor if they were able is it lawful for a Church to compel by the Sword more than the Magistrate may by the Keyes 2 Chron. 26. Matth. 16.19 with 24 25. or what is peculiar to the sacred Function Vzza erred in the latter and Peter in the former The primitive rule and practice was this being persecuted in one City to fly into another and pray that their flight may not be in the Winter Matth. 10.23.24.20 No nor do we judg that these spiritual weapons the Keyes
relation between them and you being such as Fast and Pray and Mourn and Rejoyce yea Eat and Drink with you daily at the same Table of the Lord and are intrusted with the Care of your Souls from the hand of Christ This cannot be where the Pastoral or Ministerial Work is divided and the Keys of the Church hung apart Those that instruct us not nay are Strangers to us Rule over us Rebukes and Chastisements in this spiritual way are from those whose Faces we never saw or know so much as by name It 's true we may argue thus They are strangers expect no favour therefore or mercy from them if you offend this procures Obedience indeed but it is in a servile way The mind of Christ is that as our Submission to himself so to his Ministers who even in Censures act in his Name be affectionate filial and drawn by the cords of love Thus have I gone through with the Instances promised with what brevity the nature of the matter would permit By which it is not intended to parallel these Societies in respect to the intrinsick Form of Government peculiar to each for that in a Church is from the Institution of Christ rather than the light of Nature but the more general state and habitude of Ecclesiastical Government as Churches stand disposed to the Civil Magistrate or one to another and what the light of Nature and common Reason contribute hereunto being so much insisted upon What hath been said I hope tends to Union and Accommodation Those that hold any spiritual Government Jure Divino and by the appointment of Jesus Christ do not deny it to a particular Church And those that hold none yet are at a lesser distance from such who claim so-little CAP. VI. A second Objection Of the Jurisdiction over Particular Churches in Synods Ecclesiastical Courts c. § 1. as exercised with us § 2. and in other places Object 2. THere are Synods Consistories Colloquies and other Ecclesiastical Courts which exercise an Authority in spiritual matters over Churches Therefore that of the Magistrate before mentioned is not so necessary Answ It is humbly denied and asserted That these greater Assemblies a Synod Classis Coloquie and the like either have no such coactive Jurisdiction as we mentioned or are dependent upon the Civil Magistrate for it This we shall shew by declaring more fully what Ecclesiastical Power is exercised by Synods or such Courts 1. In this Kingdom 2. In other Reformed Churches The Ecclesiastical Courts in this Kingdom are of two sorts 1. There are we know Spiritual Courts so termed such as the Prerogative the Arches Court of Faculties the Archdeacons and Commissaries Courts These claim only from the Civil Powers as was shewed before Pag. 45 46. In the Statute of 37 Hen. 8. c. 17. it is declared That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings Apol. Part 1. Cap. 1. if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canous published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow approve The Licence to the Convoc in Anno 1640. confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Syond and nominate each particular Person of what Quality and of what Number of His Natives as He shall please Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. and give them like Authority in Ecclesiastical matters So was that
Synod of the 32. appointed by Hen. 8. and afterwards by Edw. 6. to do the work of a Synod and present a Body of Ecclesiastical Canons for Confirmation by the Magistrate 3. These Laws saith * De Ju. Ec. pag. 9. Dr. Ridley's view pag. 110. 25 Hen. 8. c. 19. 25 Hen. 8. c. 21. Cook are termed Regiae Leges Ecclesisiasticae and another such Ecclesiastical Laws as now are in force are called the King 's Ecclesiastical Laws for that now all Jurisdiction whether it be Temporal or Ecclesiastical is the Kings And if there be any thing difficult or doubtful in these Laws the Interpretation is ultimately to be given in the Civil Judicatures So Cook 's Instit pag. 4. cap. 74. To the King also is the last Appeal to be made and Delegates appointed by Him give final Determination in Controversies after adjudged by those Laws and Canons in any yea the highest of those Ecclesiastical Courts Vltima Appellatio sit ad Principem non extra Regnum saith Dr. Cosen and tells us it is a Jurisdiction Coronae Regiae de Jure debita 4. The King's Majesty may dispense with any of those Canons or Ecclesiastical Laws indulge the Omission of what is enjoined by them make void the Crime and remove the Penalty incurred by breach of them yea and give Faculty to do or practise otherwise any Synodical Establishment or long usage to the contrary notwithstanding in what offends not the Holy Scripture and Laws of God 5. The King may exempt Persons and Societies from the Jurisdiction of the Ordinary or Bishop or any else who are to execute these Canons De Jure Eccles This my Lord Coke asserts and as a Prerogative annexed to the Crown He gives many Instances of such Dispensations in several Kings Reigns both ancient and of later times For doubtless what Power He grants and is exercised under Him may be re-assumed by Him And Priviledge even whole Parishes if he please from Episcopal or Synodical Jurisdiction and such Parishes are said to be Regiae Majestati immediate subditae Mocket de Ecclesiastica Ang. Pol. pag. 294. And many Parishes to this day stand thus exempted by the favour and grant of Princes formerly The Dutch and French Churches in several Parts of this Kingdom by Patent from Edw. 6. were exempted from the then Establishment and exercised a Discipline and Forms of Worship according to their own Perswasion our Synod and Ecclesiastical Courts having by vertue of this Exemption nothing to do with their Ministers or Churches which Priviledge hath been confirmed to them by our Kings that Reigned since and are enjoined to this day His Majesty that now is by His Prerogative in Ecclesiastical Matters notwithstanding the present Form of Worship and Ceremonies Graciously indulged Tender Consciences a Forbearance in what they were not satisfied and to practise otherwise Declaration of October 1660. 6. There is no matter or thing appertaining to Religion or first Table-Duties or so intimate and properly spiritual which a Synod or Convocation hath Cognisance of and may make Laws and Canons about But the like things have been established by the Civil Powers more than sometimes for Advice without it as will abundantly appear in the many Statutes and Laws of former and later Times as against Swearing Perjury Sabbath-breaking c. That one instance the Liturgy and ordering Bishops Priests and Deacons the many Rubricks in each of those Books are so many Canons and Ecclesiastical Constitutions insomuch as some have termed the Parliaments of England Synods or Representatives of the Church of England observing also that in the King 's Writ by which a Parliament is called there is expresly committed unto them the Considerations of what concerneth the Church as the Kingdom of England There hath been also Injunctions Declarations Advertisements Proclamations and the like Edicts published in Ecclesiastical Matters from time to time by our Princes without calling or advising with a Synod And Obedience hath been required unto those Precepts by the Ordinary in each Diocess as well as to the Canons and Ecclesiastical Laws made by Synods The Dependency therefore of Synods and Convocations upon the Civil Magistrate according to the Constitution and Practice here in England is very great and apparent For I. They can make no Canon or Ecclesiastical Law without the Civil Magistrate but he can and may without them II. His Majesties Licence to the Convocation May 12. 1640. None of their Laws though ever so Ancient but may be revoked by a Parliament but the Rubricks or Ecclesiastical Laws established by it may not be medled with by the Convocation I shall conclude with B. Bilson who seems to state the Nature and Occasion of Synods as they are in this Kingdom very fully and indeed much as they ought to be wheresoever they are called his words are these With us no Synods may assemble without the Prince's Warrant D. Bils Per. Gov. cap. 16. p. 383. as well to meet as to consult of any matter touching the state of this Realm And why They be no Court separate from the Prince nor superior to the Prince but subjected in all things to the Prince and appointed by the Laws of God and man in Truth and Godliness to assist and direct the Prince when and where they shall be called to assemble otherwise they have no power of themselves to make Decrees when there is a Christian Magistrate neither may they challenge the judicial hearing or ending of Ecclesiastical Controversies without or against the Prince's liking It appears evidently hereby that in the Judgment of the Learned Author Synods in their Nature and Use are not for Rule and Government where there is a Christian Magistrate or otherwise than as Assistants only to counsel and advise Him THe Synods in other Reformed Churches claim a coercive Jurisdiction Discip of Scot. lib. 2. c. 11. also Act. of G. Assemb before the Confes of Faith Jus divinum regiminis cap. 3. from an intrinsick right received immediatly from Jesus Christ as Ministers of the Gospel There being no express Scriptures to uphold this Assertion and the light of Nature and common reason being supposed sufficient to create a jus divinum The Authors of this perswasion argue thus In all Kingdoms and Republicks if wrong be done by inferior Courts we may have right by appealing to a Court superior in Authority there ought therefore to be such an order in Churches that is a Classis Synod c. That there may be regular Appeals in like Cases And further they argue Jus D. regim cap. 1. if it be not so when whole Churches or their Consistories transgress there is no ordinary Remedy Assembly Dispute p. 114. The Provision Christ hath made for Government in his Church will be found defective For though there be a Remedy for particular persons Ruthers peaceable Plea cap. 15. Assertion of the Gover. of Scot. by G. Gillespie part 2. cap. 4 yet for a