crime to appeal or repair about any matter to Jerusalem or attend at those solemn meetings enjoyned by the law of Moses three times in the year and every seventh year and therefore to keep themselves free from idolatry they frequented as much as they could those places of convocation as appeareth by a notable example 2 Kings 4. v. 22. For when the Sunamitish woman desired an asse to ride on to Elisha her husband told her wherefore will you go to him to day it is neither new moon nor sabbath The greatest part of these houses of convocation for some of them did not much alter from their first institution but remained schools and nothing else in processe of time did not properly degenerate but changed their nature and lasted longer thus then in their first institution and that begun from the time that they were led into captivity and so continued under the Babylonians Persians Grecians and then the Romans for whereas at first they needed no other discipline then the law of their nation which received vigour strength and protection from their own magistrate who was a friend and protectour of their law religion and liberty when afterwards they lived under those that were no good friends to their lawes and religion and yet were suffered to enjoy them both being dispersed they were fain to alter the frame of their assemblies and convocations and make of them so many little Commonwealths endowed with judiciall authority yet retaining still some prime face of a church or convocation and besides more mixture of ranks of men for not only Prophets were governours and members but also Priests Levites and elders of the people and all matters were handled as in a court of magistracy and yet reading and expounding of the law was not forgot as we see Act. 13. v. 27. and ch 15. v. 21. Nor was it grown out of use for scholars or young Prophets to sit at the feet of the Rabbins and receive instructions as St. Paul at the feet of Gamaliel Act. 22. v. 3. and Marie at the feet of the Lord Jesus or for the young Prophets to ask questions of the old as 1 Cor. 14. v. 29. And as the form and matter handled did alter so also the Prophets and teachers did change their names and were called Doctours Rabbies Lawyers Masters Scribes and Wise among the Jews And such were the synagogues in the time of Christ which Mr. Gillespie is not certain whether he ought to call churches or civil courts yet he is rather of opinion that before the 30. year of Christ when they had power to judge of capitall matters they were rather civil courts then churches but after the 30. year of Christ this judgement of causes for life and death being taken from them then they were to be called churches or ecclesiasticall assemblies Which is a very frivolous exception as ever was devised and sheweth the weaknesse of his cause For is a court more or lesse civil because it hath or hath not the judgement of capitall causes By that reason most courts in England should be ecclesiasticall as the court of Exchequer court Baron and court Let. But the nature of those convocations synagogues or particular churches of the Jews having been for many hundred years since they were carried first into captivity such that they were invested not only with a faculty to perform duties and acts of worship to God but also with a power of magistracy when a great many of them from synagogues of the Jewes were after turned into churches of Christians they retained the same constitution and qualification in performing church-duties and exercising power of magistracy which sometimes was assumed by the consent of the members sometimes delegated by the Emperours For as the Jewes began to be the first professours of Christian religion so the first churches were synagogues of the Jewes converted to Christian religion but yet before the conversion of an entire synagogue those that were Christians concealed themselves for fear of the rest and yet did not depart but when they were persecuted or thrust out of the synagogue So that some synagogues for some Christians that were among them were called churches as we may see if we compare Gal. 1. v. 13. with Act. 22. v. 19 for in one place St. Paul saith that he persecuted in every synagogue those that professed the name of Christ in the other that he did persecute the church And Act. 18. v. 19. it is like that either the greatest part or the whole synagogue was a Christian church though it retained still the name of a synagogue And no doubt at Antioch the whole synagogue professed Christ since they durst openly take the name of Christians But the words of Christ Iohn 16. v. 2. they shall put you out of the synagogue shew that syâ—agogues of the Iewes should become Christian churches and that those that professed the name of Christ or at least believed in him secretly for fear of the Iewes were not to depart that by their means the whole synagogue might be wonne and therefore the Lord Iesus Christ takes this expulsion for an injury done to them in the foregoing verse These things have I spoken to you that ye be not offended Had not the Lord Iesus a mind to make of these synagogues churches he would have bidden those that were Christians amongst them to flee from them and go from them as he biddes his people flee out of Babylon And indeed we do not read that Crispus chief ruler of the synagogue and other believing Iewes did forsake the synagogue or that when the whole synagogue was converted it did presently loose the name of a synagogue but kept it as we see Iames 2. v. 2. If there come into the synagogue and Hebr. 10. v. 22. The very heathens did not put a distinction for a good while betwixt Iewes Christians for Suetonius saith that Claudins did restrain the Iewes who by the impulsion of Christ did raise tumults So that in expelling the Iews the Christians were comprehended for it is said Act. 18. v. 2. that Aquila and Priscilla though Christians were commanded to depart from Rome And as the Christians suffered as Iewes so what priviledges they enjoyed it was a grant unto the Iewes and as in the 9. of Claudius the Iewes and with them the Christians were banished so in the first year of his Empire the same liberty that was granted unto the Iews did also belong to the Christians So then the synagogues were the first origine and platform of Christian churches and after those synagogues the gentils converted did modell their churches retaining the same power of magistracy as the synagogues had as Mr. Lightfoot doth very well observe yea in their way of teaching following the Prophets in their synagogues which were also schools of learning as namely when they spoke by turns and the younger Prophets submitted to the judgements of the elder 1 Cor. 14. v. 29 30 c.
head of the Church WE proceed to examine what the Rever Assembly say that Jesus Christ hath instituted this ecclesiasticall â—…sdiction as King and head of his Church Mr. Gillespie one of their body and therefore the best interpreter of their meaning saith in his 2. book chap. 5. that Jesus Christ hath two Kingdoms 1. a generall as he is the eternall Son of God the head of all principalities powers raigning over all creatures 2. a particular Kingdom as he is mediatour raigning over the church only by which church he understandeth a visible church of saints combined in such a body as is the church of Scotland enjoying the ordinances and the discipline of Christ And of this Kingdom he understandeth Matth. 16. v. 28. There be some standing here which shall not taste of death till they see the Son of man coming in his Kingdom So doth Beza against Erastus who with Mr. Gillespie out of those words of Christ my Kingdom is not of this world concludeth two things 1. that the ecclesiasticall government is distinct from the civill or that of the magistrate 2. that that Kingdom is an aggregation of many churches under one presbytery In the 6. chap. of the same book he is very prolix to prove that Jesus Christ as mediatour and head of the Church hath not appointed the magistrate to be his viceregent in the government of the church in the second acception I confesse that the holy Scripture mentioneth two Kingdoms but that both these be visible ones I deny flatly particularly that Jesus Christ is called King and head of the church in reference to the visible congregations of Christians or that by the body of Christ is meant the visible assembly of those that make outward profession of the Christian religion Let us then consider in this Kingdom of Jesus Christ as mediatour the nature of the King and head of his scepter sword power weapons keyes fullnesse that so we may see if all these qualifications yea if any one of these are proper to any visible church particular and nationall Both Rivet and Reynolds in their comments upon the 110. Psalme make this Kingdom wholly spirituall not of this world much lesse seen in this world though known to be in this world It is that Kingdom which is many times mentioned in the Gospell but never once taken for a visible government of men professing outwardly the name of Christ but for the Kingdom of grace and that government which Christ hath over those whom he ruleth by his spirit of adoption The keyes of this Kingdom are the door of utterance in the ministery whereby men have entrance these keyes keep out from coming in those that are without doors but never put out any that are once in and therefore most absurd it is to ground the power of excommunication upon the power of the keyes committed by Jesus Christ to the Apostles if the Kingdom of which Christ speaketh is the Kingdom of heaven or of grace will they say that an excommunicated person is put oâ— of the Kingdom of grace The scepter and sword of this Kingdom is the word of God The weapons are not carnall nor are they used to the putting a man out by excommunication but to the pulling down the strong holds of sin not by tying a man with church-censures but bringing into captivity his imaginations to the obedience of Christ This truth broke through the darknesse of popery and was acknowledged by those that were oppressed by the Popes tyrannie so in the year 1080. the advocate of the Emperour confut 9. saith that the preaching of Gregory the 7. was new since the church had no other sword then that of the spirit which was the word of God This language was acknowledged by the canonists to be in the mouths of the Popes adversaries who yet kept within the communion of Rome never dreaming of a Wicleff or a Luther as can inter 33. quest 3. Ecclesia non habet gladium nisi spiritualem qui non occidit sed vivisificat The law of this Kingdom is not the discipline or censure of the church but the law both of the Gospell and of faith called also the law of the spirit For by the power of that Kingdom described by the holy Ghost in the new Testament and mentioned in 50. places is not in any of them understood the ecclesiasticall power or any such thing as the power of ministers presbyteries synods to make decrees canons to determine authoritatively to suspend excommunicate and absolve but alwayes is meant that power that translateth from darknesse to light and from the power of satan unto God by which we are made sons of God Ioh. 1. v. 12. by which we are enlightened Act. 26. v. 18. and raised unto newnesse of life The fullnesse of that Kingdom is the saving gifts and graces given to the members The head of this Kingdom is Jesus Christ our King Priest and Prophet ruling by his spirit his subjects which are his members offering satisfying and interceding only for them teaching none savingly but them There is no governour or viceregent of this church but the spirit of God working in the heart by the word preached or read and guiding into all truth Though God hath no visible governours of this Kingdom yet he hath externally many subservient instruments and ministers for the advancing of that Kingdom as magistrates by their jurisdiction pastors by their function all godly people by their generall calling and dutie their persecutions afflictions maladies and particularly the ministers of the Gospell are main agents in Gods hands for the building up of that Kingdom What they know they do is the least part of their ministery they themselves being ignorant what and how they work by it in mens hearts Gods chief minister is Christ in the word the power is the efficacious working of the word the keyes are the openings of the heart to the word or rather the openings of the word to the heart and the receiving of the person into the heavenly fellowship This power is not placed in the ministers but the word which though it is delivered by them not only in a way of beseeching and exhorting but also of commanding yet that jurisdiction is only effectuall on those that of unwilling are rendred willing so that it is rather the jurisdiction of the word then of the minister for the ministers operation in the ministery is like to that of the artists in their chymicall operations where they are rather spectators then actors admovendo agentia passivis for nature and fire are the main agents They are like an husbandman in a vintage who maketh not the wine but ordereth it powring it from one vessel to another This being the nature of the Kingdom and church of God of which Christ is the head and King it remaineth to enquire who is the viceregent of God in governing the visible congregations of Christians meeting about the worship of God Properly
against the common enemy and for keeping communion as of saints so of churches that those church judicatories were set up not for conscience sake or in obedience to any prescript of Christ but for orders sake as the reverend man wrote to me but a few weeks before he died CHAPTER XXIII The consistency of the right and power of private churches with the magâ—strates power in ordering publick worship proved by the example of the Iewes that they had through all the land particular convocations synagogues or churches called also colledges or schools where the Prophets sons of the Prophets taught especially on the sabbath-day that they were independent from any church-judicatory How synagogues were altered from their first institution and that being converted into Christian churches they retained the same right power and way of government THe most convincing proof for the consistency of the right and power of particular churches with the magistrates power in ordering settling and commanding the publick Divine worship of the Nation is the example of the Commonwealth of the Jewes wherein we are informed of three main things which taken into consideration will clear all doubts about the right and power of particular churches and the magistrates jurisdiction in matters of religion and publick worship 1. That in the Commonwealth of Israel at their first institution there were particular churches throughout all the land near every families dwelling-place called synagogues 2. That these churches were independent both from any of their own of the Priests or Levites judicatories 3. That the while the magistrates power and jurisdiction remained whose entire and undivided over all persons and in all causes and matters particularly in ordering settling and commanding the publick nationall worship of God For the first that such churches were instituted in the land of Canaan we have a very expresse proof Leviticus 23. v. 1 2 and 3. Speak unto the children of Israel c. six dayes shall work be done but the seventh day is the sabbath of rest an holy convocation ye shall do no work therein it is the sabbath of the Lord in all your habitations 1. We have here a convocation and an holy one every sabbath 2. near every families dwelling place at that distance which is called in the Gospell a sabbath-days journey and to travell a sabbath-days journey was equivalent to go as far as the house of convocation which was esteemed a fulfilling of the command Exod. 16. v. 29. abide every man in his place let no man go out of his place on the seventh day For he that went no further then the place of convocation or meeting to attend on the ordinances where they use to tarry from morning to evening obeyed that command let no man go out of his place on the seventh day For how could they keep a sabbath-day holy without an holy convocation and how could that be frequented and they not stir from their own place except by not going out of his place be meant not going any whither but to the place of convocation For they could not keep the sabbath without a holy convocation kept near every ones dwelling Now that this convocation cannot be meant of nationall and festivall meetings is evident for those were appointed but thrice in the year and far from every ones dwelling-place and after the building of the Temple they were celebrated either before the Tabernacle or in the fore-court of the Temple Now had they been bound to repair to Jerusalem every sabbath-day it would have been against the command not to stir from their own places on that day These convocations or synagogues were particular churches assembled in a temple or house called also schools or colledges where Prophets and their sons or scholars dwelt and taught daily but on the sabbath-day they had a more solemn meeting of all those that dwelt near for prayer expounding of the law exhortations conferences the main action being performed by the Rabbies yet the disciples were not silent but sate at their feet asking questions and hearing their answers and resolutions sometimes a new comer in might interpose as we see in the example of Jesus Christ Luke the fourth who being unknown had the priviledge to expound the Scripture and to ask questions and give answers so had St. Paul as we read in the Acts of the Apostles chap. 13 v 15. But to speak more particularly of the place the teachers and the matter and form of worship in those places of meeting or synagogues I say first one may trace the place in the old and new Testament In the 26. Psalm David saith he will blesse the Lord in the congregations and Psal 68. v. 26. blesse ye God in the congregation which doubtlesse ought to be understood of those convocations in temples which are called synagogues Psal 74. v. 8. they have burnt up all the synagogues of God in the land Which texts make it good that such places for an holy convocation were erected through all the land Calvin upon the place saith that the people met in syngogues every sabbath-day to read and expound the Prophets and call upon God by prayer The 29. Psalme v. 9. doth not obscurely mention them for the Psalmist relates that while the works of God sounded by haile rain and thunder the faithfull not only under a shelter of stones and timber but of Gods gracious providence and protection did attend the service of God Of this House and Temple David also speaketh Psal 87. v. 2. The Lord loveth the gates of Sion more then all the dwellings or tents of Iacob The sense of which words paraphrastically I think to be this although God graced with his blessing and presence those convocations which at first were kept under tents in the wildernesse yet he is much more taken with that glorious manifestation of his between the cherubins whereby God setteth out the Lord Jesus Christ Also Salomon Ecclesiastes 5. v. 1. and 2. speaketh of these houses or meetings when he warneth men to be more ready to hear then to speak in the house of God intimating that there was a freedome for the faithfull in those convocations and synagogues more then one to speak and besides that there were no other sacrifices performed in them but those of preaching praying and thanksgiving This house of convocation was also a place to train up disciples called the sons of the Prophets which were indifferently of all tribes and therefore by the way the ministers of the Gospell that do not succeed the Priests and Levites but those Prophets who had neither ordination nor jurisdiction cannot pretend other call or power then such as these sons of the Prophets had So then these house or places for convocation were also colledges and schools and therefore Philo in the life of Moses calleth them both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 houses of prayer and of learning of which you have mention 2 Kings 6. v. 1. where
Therefore since the churches of the Christians were but synagogues changing somewhat the doctrine but not at all the discipline we must conceive of all churches and their acts of power as of synagogues and of church-excommunication as of Jewish excommunication or putting out of the synagogue that of Christians being no more a law or ordinance of Christ then that of the Iews was a law and ordinance of Moses for neither of them was For it never came to be in use among the Iewes till they took it up upon the want of their own judges and magistrates by consent and by a confederate discipline in â—eâ— of magistracy The Christians imitatours of the Iewes and who had the law and the covenants yea the Lord Iesus Christ from them did also take up excommunication upon the same grounds as they did Bullingerus in an Epistle to Dathenus an 1531. tells us it was thought so by Zwinglius the Apostles lived under a heathenish magistrate who yet did not punish wicked actions but that the church might inflâ—ct some kind of penalty they took up admonâ—tion and exclusion because they could not make use of the sword which was not committed to them and this was the cause of bringing in excommunication Now that the Christian magistrate may punish wicked deeds there is no further need of excommunication CHAPTER XXIV That the Christian churches under heathens were governed by a confederate discipline or a power of magistracy as the synagogues were appointing men which Ambrose calls elders to decide such matters as otherwise were to come under the magistrates cognizance This practise is grounded upon 1 Cor. 6. v. 1 2 c. and confirmed by Origen Iustin Martyr Ambrose and Mr. Lightfoot That the power of these elders continued still under Christian Emperours with some alteration they erecting in lieu of them Episcopall courts That all church-power was the Emperours power That the very heathen magistrates knew no other but that all power was annexed to them HAving hitherto made good that there is no such thing as a government in the hands of church-officeâ—s distinct from that of the magistâ—…e and proved the nullity of that distinction 〈…〉 â—…call civil jurisdiction by reason Scripture and the example of the Iewes it followeth we should prove that since the time that the 〈◊〉 church began whether under the hâ—… the â—or under Christian â—mperours it was not governed by a jurisdiction distinct from that of magiâ—…acy and that neither â—he hâ—…hen noâ— the Christian Emperours ever knew any 〈…〉 as an ecclesiasticall power not sub 〈…〉 to the magistrates power yea that the 〈…〉 did but in words challenge a power 〈…〉 from that of the magistrate and that 〈…〉 they made but one of two and acknowledged that it could not be so much as 〈◊〉 they should be exercised asunder and 〈…〉 reason that the learned of thâ—m as 〈◊〉 and others maintain that one of them 〈…〉 subordinate to the other erâ—ing onâ—… 〈◊〉 that they subordinate â—…e civil to the 〈…〉 〈…〉 then being converted into 〈…〉 churches and also turned over to 〈…〉 same jurisdiction of confederate 〈…〉 power of magistracy assumed by 〈…〉 the members of each synagogue yet 〈…〉 â—ewish synagogues had been alwayes 〈…〉 â—ccuted and had enjoyed their confeâ—… dâ—…cipline for the most part by edicts from 〈…〉 magistrate under which they lived that was the reason that they bad a greater measure of freedom to exâ—… their confedâ—… are â—…cipline and acts of coercive a◠〈…〉 dicall â—…wer over all persons of their own body and religion and in all causes except in causes capitall and the medling with any thing whereby to free themselves from paying taxes 〈◊〉 But the Christian churches though moâ—…ed after the pattern of the Iewish synagegues being continually either under perseâ—…oâ—… or in rear of it could not put forth those acts of coercive â—…risdiction unlesse it were a putting â—ut of the congregation which thing may be done without much noise but inflicting bâ—dly or pâ—cuâ—iaâ—y punishment could not â—e wâ—…l made use of without discovering too much and laying themselves open to persecution Besides that the members of Christian churches being not members of the same notion and therefore led by the only interest of and love to religion a coercâ—…e jurisdiction was nothing so necessary nor was it any thing so frequent to put out of churches as out of synagogues so that the differences between church members being rather differences in their judgements then any want of chariâ—… that magistracy assunted at first by the syâ—agogues when afterwards it was devolved to the Christian churches looked rather like an aâ—…trators judgement and counsell Yet still by that modified magistracy they decided and composed not only matters of faith but also all differences in matter of wrong either in goods mony or good name between brother and brother setting over besides the most eminent that laboured in the word and doctrine some of lesse eminency among them to decide differences and controversies of another nature And no doubt but St. Paul points at this practise 1 Cor. 6. vers 1 2 3 4 5 6. and 7. a notable place which yet was never pressed to the utmost meaning For 1. St. Paul there enjoyneth the Corinthians rather then to go to law to appoint some men besides those that labour in the word to decide all matters that one man might have against another 2. He giveth the same measure of power in settling matters of religion or faith and in composing differences that are usually judged in the magistrates court for learned Diodati by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 matter or businesse saith we must understand civil businesse and the Dutch Annotations say that this matter is worldly businesse So that St. Paul makes the church-power no more ecclesiasticall then civil for the same confederate discipline gave power to ministers to preach and administer the sacraments as did to chosen men of their body to compose friendly by their wisdome and authority such differences as are usually the matter of all courts of magistracy 3. The words of the Apostle Do ye not know that the saâ—nts shall judge the world I conceive to be equivalent to these Seeing ye do now live under a heathen and persecuting magistrate and yet there arise such contentions and debates amongst you as are judged for the most part in secular courts with the breach of charity and losse of time and mony specially the judges being no friends to your persons and religion your best way is to have them taken up friendly by Christian arbitrators of your own churches untill God at length after you have long suffered be pleased to set over you a Christian magistrate to whom you may repair when such differences arise amongst you It is observable that the holy Apostle when he saith is it so that there is not a wise man amongst you c. and set them to judge who are least esteemed speaketh ironically implying that were there no
Paraenesis and in my Corollarie in a letter of his written but a few weeks before he died where his judgement is wholly consonant to my opinion that all church-government is prudentiall arbitrary and taken up by consent for necessity of order and not for conscience Besides I have the testimony of a very reverend preacher in a famous church in Normandy in a letter of his to me wherein after he hath delivered his own judgement concerning the book he addeth that of one of his fellow-ministers in that church in these words One of my collegues who hath read your first book hath given this testimony of it That he is much satisfied upon the reading of it and that your opinion is so far from weakning our discipline that on the contrary it doth rather streng then it and places it upon its true and naturall bottom Geneva's excommunication had the greater influence upon the minds of the Non-conformists and Puritans in England for the respect they bare to Calvin more then to the Hierarchy metaphorphosed from Romish to English For whatever were the thoughts of some Romish Episcopall Doctors such as the English Hierarchy hath alwayes had the practise of all Bishops courts witnesseth that excommunication was but a law of the Land and of the opiscopall jurisdiction annexed to the Crown Excommunication was not much feared since Prince and subjects left off to be afraid of the Popes thunderbolts Wiclâ—ff begun first to pluck off â—ts vizard and to condemne both the abuse and the use of excommunication for the council of Constance recon'd up amongst his errours this tenet That it was a comfort to the faithfull church that excommunication and suspension and such like lying and feigned censures are not grounded on the law of Christ but are craftily devised by Antichrist But that it may appear that Wicliff held no other excommunication then that which is made in the Court of Heaven the 13. article objected to him as an errour clearly sheweth it Whoever leaves off preaching or hearing the word of God because of mans excommunication they are excommunicated and shall be so held in the day of judgement for betrayers of Christ and the 11. article saith that no man must excommunicate another except he knows him to be excommunicated by God In short whereas our brethren the Scots held that all jurisdiction of ecclesiasticall assemblies synods and presbyteries was derived from Jesus Christ the English people at least the magistrate who would never permit the ecclesiasticall jurisdiction to get up held no jurisdiction but such as was derived from him for even from King Edward the sixths time the soveraign Princes have been very shie of Bishops keeping any courts or calling synods but only in their name Our brethren the Scots had their excommunication from Geneva as well as the reformed churches of France only Andrew Melvin did mightily improve and heighten it But they and the Geneva churches have this disadvantage which those of France never had that these have two pleas for their discipline and excommunication The one is the necessity of a confederate discipline taken up by consent under a cross magistrate by which plea they may justify all the acts of their jurisdiction the other plea if the first prove not strong enough they have in common with all other reformed churches living under an orthodox magistrate and that plea is the discipline of Christ which as it is a second string to the bow of the reformed churches of France if the first should break so it is the only string and hold that the Dutch Scotish and Geneva churches must hold by so that if they cannot make good their jus Divinum of discipline and excommunication they have no plea at all for their jurisdiction distinct from that of the magistrate as the reformed churches of France have This book would swell too much if I should make it good as I have done in my Paraenesis and Corollarium that they have outgone all the reformed in the task of building an empire within the empire of another or in the endeavour to settle a jurisdiction distinct from that of the magistrate having while they strive to run furthest from Popery gone so far about that they have joined issue with Popery in that particular I find three main causes why in Scotland more then in any other nation where religion was reformed from popery the ecclesiasticall jurisdiction hath highest lifted up its head The first is it was not so much any humour or designe of the godly people as opportunity that brought it in For reformation taking its beginning there not at the head but at the foot and in opposition to a persecuting magistrate it was not possible to settle the pure worship of God without a government and jurisdiction assumed within the jurisdiction and distinct from that of the magistrate They having had it some time under a Romish magistrate conceived it was to continue in the like manner under a reformed magistrate and so turned the nenessity of a confederate discipline taken up by consent as it was by the faithfull people of Iuda under a heathen magistrate and by the reformed churches of France under a Christian into a necessity of Divine ordinance which being much countenanced by the great ones of the land who rescued the soveraign magistrate from the Popish party and brought him up from his infancy in the reformed religion the same men who were assertors of the ecclesiasticall jurisdiction against the magistrate when he was no friend of theirs had a fair opportunity to keep it still up when the magistrate was their friend and in their power and possession who when he was grown up to years found the ecclesiasticall jurisdiction too deep rooted for him to master and overbalancing the power that by right as all other magistrates and Kings in the world he was to have over all causes matters and persons So that from that time when King Iames in his â—…per years came to understand that he was a King and no King till he came to be King of great Britain we read of nothing but clashings and conflicts betwixt church court Parliament and ecclesiasticall assembly it being impossible that two coordinate jurisdictions and of the same nature could stand together amongst one and the same people in the same countrey Another cause is that the members of Parliament specially the nobility and gentry being also members of ecclesiasticall judicatories and the ecclesiasticalls having over and above an addition of strength by all the ministers of the land who were not members of Parliament it could not otherwise fall out but that the jurisdiction assumed in churches presbyteries synods and assemblies should not only appear distinct from that of the magistrate but also be raised to a greater height A third reason is that the Kings of Scotland having never had that majesty power revenue and splendour that other Kings abroad had and yet the land full of nobility and gentry
Divines yet living both of the argument in hand and of the writings of the Author Of some mens strong prejudices against and harsh censures of him 369 The PREFACE I Intend here by way of Preface to give a brief account how I came to write of this subject Having a little before the beginning of the long Parliament in the year 1639. written a piece in Latin against the corrupted party of the English Hierarchy who made as near approaches as they could towards Popery and being a little while after engaged in that quarrell it so fell out that this corrupt party being soon foiled by the great torrent of opposition they met withall their opposers themselves who were very numerous did soon divide into parts and factions dissenting from one another particularly about church-way and discipline which afforded me new matter to study on which I did being indifferently affected towards the four kinds of opinions held in the reverend assembly of Divines viz. of Episcopacy moderated Presbytery Independency and Erastianisme and for many years together not giving my approbation more to one of them then to the rest before such time as I should be well resolved in the controversy I pittyed for a long time the preposterous endeavours of each party tending to make the rent wider while they sought rather the victory then the truth brother became eager against brother branding each other with schisme and heresy their principles so far dividing them asunder that partners in the same martyrdome and who had lost their ears together were soon together by the ears and Mr. Edwards by name in shewing rather his spleen then his zeal and Dr. Bastwick who stiled himself the Captain of the presbyterian army did but powre oyle upon the fire of dissention in stead of quenching it as likewise did our brethren the Scots when they wound up their string of ecclesiasticall jurisdiction to such an height that it was ready to break and ranked the Erastians in the list of abominable hereticks pointing therein particularly at poor and mild Mr. Coleman walking almost alone in a melancholy posture and who would not give rayling for rayling but mildly intreated all the brethren that dissented from him specially the presbyterians to give a satisfactory answer to the queries of the Parliament touching a jurisdiction and government of the church distinct from that of the magistrate and to shew in Scripture a place parallel to Matth. 18. v. 17. where by the word Church is meant either the ministers or a presbyterian consistory besides to find out in Scripture the name and thing of excommunication or that it is as well though not as much a soul-saving ordinance as preaching of the word and the administration of the Sacraments as the reverend presbyterian ministers would fain have perswaded him in their reasons against the dissenting brethren p. 63. At length being well satisfied that truth seldome lyes on the multitudes side as I did much pitty Mr. Coleman so did I fall to study him and thought it but reasonable ere I should join with the generall clamour against him to hear what he could say for himself And indeed his still voice did more work upon me then all the thundring voices of his opposites So then being convinced by him about eight years since I put forth in print a tract in English the drift whereof was only to assert the power of the magistrate in matters of religion which subject being but an answer to a letter I handled cursorily and superficially And while I was upon that work I was much in charity as I expresse in some passages of that tract with the churches of the congregationall-way no lesse cried out upon then Mr. Coleman both here and beyond seas specially in France where namely at Charenton near Paris a nationall synod condemned them by an authentick act yet then I had no such thought as to conceive or imagine that the power and right of private churches or congregations could agree well with the power of the magistrate in matters of religion But soon after the publishing of this English tract my uncle Dr. Andrew Rivet whose memory is very precious to me and to all the Churches of God sent me a Latin manuscript made by a Divine in France wherein he endeavoured the confuting of my English book and besides did much taxe me for favouring the congregationall way so much spoken-against amongst the reformed churches in France and expressely condemned by a nationall synod of theirs About the same time came Amyraldus forth in print as full of bitternesse and invectives against them as Mr. Edwards in his Gangrena Both which books I mean Amyraldus and that which Dr. Rivet sent me were the cause occasion and subject of writing my Paraenesis in Latin In writing of which I was insensibly carried to conceive and propound wayes of accommodation betwixt the brethren of the congregationall way and the assertors of that measure of power in sacred things allotted to the magistrate by Musculus Bullinger Gualterus and Erastus nothing doubting but that by these propositions of reconciliation and accommodation I have given with a very little yielding on both sides the true way and notion of settling in such a nation as this where the soveraign magistrate is orthodox might be made out and the Christian reformed religion worship established with more peace truth and holinesse of life then they were ever hitherto since the times of the Apostles These notions suting more to the purpose and interest of the English climat nation ought to have been then rather put in English then Latin but that I mistrusted my own abilities to appear in publick in any other tongue then Latin or French and that I had a great mind first to disabuse other nations particularly my own countreymen who were possessed with strange prejudices against the godly party of this nation as well presbyterians as others by the false suggestions and informations of Amyraldus so far that some have expressed to me by letters how much they bewailed the lamentable condition of England where all religion and fear of God was well-near quite extinct where there was no church-discipline no excommunication no synods no ordination no lay-elders no Lords prayer or ten commandements rehersed and no Sacrament of the Lords supper administred Now this present tract coming after the other and being otherwise digested and framed and those controversies that concern England being chiefly handled therein and all brought within a narrower compasse I do not despair but that my present designe will be excused though I come short of giving satisfaction to all parties I honour equally the persons learning and piety of those that I assent to and dissent from no lesse respecting the memory of Mr. Gillespie an eminent man for wit piety learning and soundnesse of faith but very erroneous in what he stiffely maintaineth in his Aarons Rod then that of Mr. Coleman or of any of Gods Ministers now with the
naturall power right liberty and prudence in ordering all kinds of affairs societies and families are no otherwise distinct in kind or species then a yard that measured cloth differs from that which measured searge as a yard is alike appliable to silk and thred and the same hammer will knock in an iron naile and a wooden pin so the same power and prudence governeth the church and a colledge It is also observable that a man being at once a member of a family hall city Parliament church doth not act alwaies according to the quality of his relation function and place publick or private not acting as a physitian father or husband but as a judge and not as a church-member but as a free member of a society Thus a member of a colledge of physitians joyneth in consultation with his brethren in a case of physick as a physitian but in making lawes regulating the practise of physick and the apothecaries entrenching upon the physitians he doth not act as a physitian but as a judge and as a person invested with judiciall power from the state The same physitian in a Parliament upon the matter and question of physick and of physitians to be regulated may speak pertinently of his art as a physitian but doth not vote give his consent to the making of a law about physick as a physitian but as a judge of the land Likewise to be sure by what right pastors and people act in the church the acts and actions of a pastor or church-member are to be considered either as acts of pastors and of church-members or as they are acts of rulers and members of a society The act of a pastor as pastor is to discharge all ministeriall function commanded in the revealed word and not declared by any dictate of nature In those acts I see no right of jurisdiction but over the inward man when by the power of the word the sinner is brought to the obedience of the crosse of Christ The acts of church-members as such are either in relation to the pastor or of one member to another In relation to the pastor the acts are to submit to the minister ruling them and dispensing unto them the word They may have that liberty to try his doctrine and to do as they of Beroea who searched the Scriptures to know whether it was so as St. Paul preached unto them this is also an act of every faithfull member of the church not to assent to any doctrine because it hath been assented unto by the major part of suffrages but in things that concern order and discipline to yield to the constitutions agreed on by the major part of the assembly so that by them the bond of charity and the truth of the doctrine be not violated and perverted The acts of church-members relating one to another are to bear one anothers burthens to forgive and edifie one another to preferre another before himself The acts of pastors and church-members as they are endowed with a power common to all other societies are 1. to do all things orderly 2. to make a discipline sutable to time and place since there is not in the Scripture a positive precept concerning the same 3. to oblige every member to the lawes of the discipline voted by the major part of the members 4. to admit and expell the members which by the major part are thought fit so to be Many other acts are performed by the same members not as church-members as to appeal to a superiour tribunall as magistracy or synod in case of wrong sustained for they do not oppose a just defence to wrong by any other right then a member of any society should do Thus an assembly of Christians meeting in a church way being persecuted or assaulted in their temple by rude and wicked men doth not oppose a just defence by weapons or otherwise as church-members but as men invested with naturall power against an unjust violence In short ministers and people have many actâ—ngs within the sphear of Christian duties which are not proper to them as Christians and members of churches being like in that to a physitian who doth not build as a physitian or to a counsellor of State carrying a letter to a friend who acts then the part of a letter-bearer thus a father hath a power over his son by a naturall paternall right but he doth instruct him in a Gospell way by a paternall Christian right and duty grounded upon a positive precept of the Scripture thus Queen Mary of England established a religion by a naturall right power and duty annexed to all soveraignty to order sacred things with a soveraign authority but Queen Elizabeth did overthrow the false worship and did set up Protestant religion not only by the same right that Queen Mary had but also by a positive right as principall church-member as Ezechiah Iosiah c. appointed by God to be heads and nursing fathers and mothers of the churches The same things lawes and constitutions that are of divine right are also of humane right and likewise the things that are of humane right in a good sense may be said to be of divine right Things are said to be of divine or humane right either because the matter of right is concerning Gods worship or humane policie or because God or man is the author of them Thus the lawes of the Iewes regulating their Commonwealth are said both to be of divine and humane right divine because God is the authour of them humane because they order all affairs about mine and thine right and wrong and betwixt man and man Likewise many things have been instituted with great wisedome by magistrates and councils which may well be said to be both of divine and humane right Divine because they further the purity of worship and power of godlinesse humane because they were instituted by men and may suffer alteration and reformation So things that are every way of divine right both for the matter and institution as the eating of the passeover and the observation of the Sabbath may be said to be of humane right because commanded and enjoyned by humane authority The very calling of synods which they say is of divine institution both for their institution which is Apostolick and for the matter that is handled in them none but a papist did yet deny to be the Emperours and magistrates right Thus fasting prayer publick humiliation though duties to be performed by divine right and precept are also of humane right as commanded and ordered by the magistrate in a publick way Thus it was the good Kings of Iuda's right and none can blame them for it to command fasting and prayers Lastly things that are every way of humane right and made by man and have for their object the regulating of humane affairs as are the lawes concerning conduit-pipes buildings forests chases c. may conveniently be said to be of divine right because by divine right they
oblige the conscience Hence we may gather how impossible it is to share betwixt laity and clergy by Divine and humane right power of legislation and jurisdiction about things causes and persons as that pastors and ministers should be over things that are of divine right and magistrates over those things that are of humane right without clashing of powers causes and persons there being such a complication of right causes and persons that they cannot be so much as imagined a sunder besides that the preaching of the Gospell and magistracy do comprehend all actions of man and parts of life wherein men ought to live godly justly and soberly CHAPTER III. The nature matter forme and author of law The canons and sentences of Church-judicatories have no force of law except they receive it from the sanction of the magistrate The defects in the division of lawes into Divine and humane into morall ceremoniall and politick and into Ecclesiasticall and civil INtending chiefly to prove the vanity and nullity of a power called ecclesiasticall distinct from that of the magistrate since also no power of legislation nor of jurisdiction can be exercised without a power to make a law and to command obedience to the law it will be requisite to know the nature of law that so making good that Church-officers are not invested with any power to make lawes or to command obedience to them all their jurisdiction may be brought to just nothing Law sometimes is taken for a dictate of nature or right reason and consent of nations thus they say of Aesop that though he was free by nature yet the law of man enslaved him generally it is defined the rule of actions and duties This ensuing definition I conceive to be one of the most perfect Law is a rule of life and of morall actions made and published by a legislatour armed with a judiciall power commanding things to be done and forbidding things that are not to be done under recompenses and penalties To understand the nature of law we must consider the matter of law which is whatever can be commanded whether God or man be the author of it so that no causes or things can be exempted from being the matter of the law of God or of man it is enough that it may be commanded The very doctrine and matter of faith may be matter of the law for the Hebrew thorah signifieth both law and doctrine so that there is no doubt but that not only the decalogue but also all the doctrine of the Gospell is matter of the law For were there any thing that should not be the matter of the law of man we had need to have a visible infallible judge on earth besides the soveraign magistrate who should determine which thing must be the matter of the law which not The very doctrine of the Trinity is made the matter of the Code of Justinian and Theodosius commanded that all his subjects should embrace the religion that Peter the Apostle Damasus of Rome and Peter of Alexandria professed 2. Next we must consider the form of the law which giveth force of law and without which law would be no law and no obedience were due to it in the court of man That form is the stamp or sanction of the soveraign power obliging men to obey upon penalties Law saith Campanella without penalty is no law but counsell That form is expressed in short in the Digests Legis virtus c. the vertue of the law is to command to forbid to permit to punish The soveraign power giveth the form of law to any matter that is the subject of a mans dutie or obedience either to God or man yea it giveth form to the lawes of God which though they oblige the conscience whether published or no by the magistrate yet they are of no force in the court of man to oblige for fear of punishment and as the Apostle speaketh for wrath except they are commanded by the magistrate So that it is properly man that giveth name and force to a law and a man may well say with St. Austin ep 66. that Jesus Christ commandeth by the magistrate hoc jubent Imperatores quod jubet Christus quia cum bonum jubent per illos non jubet nisi Christus 3. We must consider the author of the law either as he that hath given his counsell and it may be furnished the matter and contrivance of the law as Tribonianus to Iustinian or he that hath given sanction and force of law to the matter brought to him such was only Justinian and not Tribonianus Sometimes the same person contrives the law and giveth sanction to it such was Solon and Lycurgus God who is the author of his lawes is not the enforcer of them among the Mahumetans nor any where else without a Moses but with those people whom he doth encline to obedience by a law of the spirit 4. To the nature of the law it is required that the legislator be armed with a sword to punish the transgressours of the law therefore equity truth and justice are no conditions required to the validity of a law for it receives force from the will of him who is able to make his will good were it never so bad 5. It is required that the legistator should command his own lawes not anothers commanding in his own name and not in the name of another and therefore those that are invested with judiciall soveraign power are to give account of their actions only to God By what I have said it is easily conceived what force of law have the judgements sentences canons decrees of ecclesiasticall judicatories except they receive form and sanction from the magistrate without which they are but counsels admonitions and advices 1. Touching the matter they may afford it as Tribonianus to Iustinian in that sense they may be the authors of a law but they cannot give form and sanction to it obliging men under penalties in case of disobedience since they are not invested with coactive power without which law is no law except they have that power in subordination to the magistrate for two coordinate powers cannot give sanction to the same law except it could be imagined that the will of one should never crosse the will of the other which is not conceivable 2. Ministers and church-judicatories are not to command any lawes much lesse their own lawes but only deliver the commands of a superiour either God or the magistrate The pastor may say with Moses Exod. 18. v. 15. I do make the people know the statutes of God his lawes but he cannot lay any penalty upon the breaker of the law except as Moses he be invested with magistracy But were the minister not only to deliver the commands of God but also lay a command this he could not do but in the name of God and therefore the magistrate hath this priviledge that although he be a minister of God as well as
probatum est to them all controversie will be ended and the power in the hands of church-officers will be no longer distinct from that of the magistrate and all presbyterian jurisdiction of excommunicating deposing and making lawes authoritatively will be taken away So that if we give credit to Mr. Rutherfurd all acts sentences and excommunications pronounced by synods and presbyteries are no further valide then as they are conceived by the magistrates and private men agreeable with the word The other passage of Mr. Rutherfurd doth no lesse pull down the definitive judgement of ministers and by it all presbyterian jurisdiction p. 577. As the church is to approve and command the just sentence of the civill judge in punishing ill doers but only conditionally so far as it is just so is the magistrate obliged to follow ratifie and with his civil sanction confirm the sound constitutions of the church but conditionally not absolutely and blindly but only so far as they agree with the word of God Studying brevity I am loth to load the reader with authorities out of most eminent divines Zanchius Martyr Iunius Pareus Camero Rivetus and others all jointly proving 1. that all the judgements and sentences of synods church-judicatories presbyteries are mere counsels advices and no lawes obliging to obedience or to assent except they receive the ultimate sanction from the magistrate 2. that the magistrate ought not to take the ministers or synods judgement barely because it comes from them but follow his own judgement I will alledge but one or two out of Pareus and one out of Rivetus That of Pareus is on the 13. Rom. All faithfull even private men ought to judge of faith and of religion not only with an apprehensive judgement that by it they may understand the true religion but also with a judgement of discretion that they may distinguish the true from the false hold to one and reject the other much more ought the Christian magistrate to judge of the religion not only apprehensively and discretively but also definitively Here we have a definitive judgement proper to magistrates as well as to ministers and church-judicatories In the same place A Prince ought to defend the true religion suppresse the false banish blasphemies and heresies he ought then to know of all these singly and by his office judge of them for if he were only to draw the sword at the beck of the priests without knowledge and judgement and without making any question whether the judgements of the pastors are right or no what would he be but a sergeant and an executioner as the Iewes made of Pilate saving to him If he had not been a malefactour we would not have delivered him to thee Rivet on the decalogue hath these words We joyn those two together that the magistrate should not only act by others prejudice but also by his own judgement not that he should trust so much to his but also let ministers of the Gospell have their parts not relying on his fancy but being counselled by the pastors of churches calling synods and there hearing godly and learned men discoursing out of the word of God of controversies of religion and of articles of faith then what he hath himself approved of to be the truth let him embrace it and spread it There he maketh no more of synods then a Prince of his state-counsellors or a sick man of his physitians whose judgements they take for counsells and advices and not for definitive sentences And so speaketh Maresius Coll. Theol. loc 16. thes 77. Ministers of churches do not so much represent judges in a senat as prudent doctors and learned gathered to give counsell and their result is like the advice of physitians about the health of the body By what I have said of judgement and alledged out of Mr. Rutherfurd that question so much debated betwixt the Romanists and the Protestants who is the judge of controversies in matters of faith is easily decided for doubtlesse the ministers of the Gospell have by their education function and ministeriall duty that publick judgement to declare either in churches or synods what by the judgement of discretion they conceive to be the mind and the ordinance of Christ but this judgement inforceth and obligeth no man to assent to it except they also by their private judgement of discretion apprehend it to be such So ought neither magistrates nor the power of magistracy seated in churches to command or enjoyn it as a law to be obeyed or a doctrine to be believed except apprehended by the judgement of discretion to be the mind or an ordinance of Christ Ministers in divinity physitians in physick each professour of art in his art not only because they are more versed in that thing they professe but also ex officio have a judgement that carrieth and giveth more authority but it being fallible and therefore subject to the revisall of others whether magistrates or subjects and not attended with command obliging to obedience either active or passive it is only authentick to them that are perswaded and convinced to yield to it CHAPTER V. An examination of the 30. chapter of the confession of faith made by the Rever Assembly of Divines That in their Assembly they assumed no jurisdiction nor had any delegated to them from the magistrate and therefore were not to attribute it to their brethren That the ecclesiasticall jurisdiction is the same with the magistrates jurisdiction Mr. Gillespies reasons examined THe reverend Assembly of Divines in the 30. and 31. chapters of their Confession of Faith are strong assertors of a double jurisdiction Before I come to examine what they say and their proofs alledged in the margent I would be well understood that I do not quarrell against the spirituall jurisdiction over the inward man in the ministery when a minister doth command from Christ and the people yields obedience being once inlightened and convinced all is done on both parts willingly and not by constraint the weapons of that jurisdiction are not carnall and yet very mighty not by putting away by excommunication but by pulling down the strong holds of sin and bringing into captivity every thought to the obedience of Christ 2. Cor. 10. v. 4. 5. The Lord Iesus Christ say they sect 1. as King and head of his Church hath therein appointed a government in the hands of Church-officers distinct from the civil magistrate It may be the Rev. Assembly do only intend to adjudge jurisdiction to other church-assemblies and synods and none to themselves for these reasons 1. They were bound by their charter by which they were called not to exercise any jurisdiction and authority ecclesiasticall whatsoever or any other power for these be the words of the ordinance and besides are en joyned not to assume any authority but to advise and give counsell upon such things as shall be propounded to them and to deliver their opinions and advices 2. And the same they did
not trouble the reader with many quotations Yet to shew that this is no new doctrine I might produce some famous Romish authors who thought no lesse in the darkest times of ignorance for so Claude Fauchet hath left written a famous Historian and a Papist in his book of the liberties of the Gallicane church who out of Gregorie of Tours and the practise of his time proveth that the Kings of France were reputed heads of the church a title which many 100. years after was much found fault with in the Kings of England by the Romanists yea by some reformers He concludes his discourse thus which sheweth that the Bishops of that time did hold the King assisted by his counsell of State to be under God head on earth of the church in his Kingdom and not the Pope whom if they had looked on as the head they would have sent unto him the conclusion of the councill of Orleans and not to King Clovis So speaketh the author of the Review of the councill of Trent lib. 6. cap. 5. The ecclesiasticks in France do not hold their ecclesiastick jurisdiction from the Pope but from the King though the Iesuits teach otherwise CHAPTER VII The strength of Mr. Gillespies reasons to disprove that the magistrate is not chief governour of the church under Christ examined ALl that I have said doth sufficiently overthrow what Mr. Gillespie alledgeth for a double jurisdiction and against the magistrates being the chief governour of the church under Christ To make good that in a hundred places he doth much under value the magistrates power in sacred things namely p. 187. that the magistrate though Christian and godly doth not exnatura rei and in regard of his particular vocation intend the glory of Iesus Christ as mediator and King of the church In the next page The glory of Iesus Christ as mediatour and King of the church is not the end of magistracy And in the same page he saith that the end of magistracy is not godlinesse honesty but peace and quietnesse Pag. 235. he saith the magistrate is not to rule in the name of Christ Pag. 250. he saith the magistrate of England is not a member of the church as a magistrate but as a Christian In the 294. page the civil magistrate is Gods viceregent not Christs and ibid. If the magistrate be supreme head and governour of the church under Christ then the ministers of the church are the magistrates ministers as well as Christs and must act in the magistrates name and as subordinate to him and the magistrate shall be Christs minister and act in Christs name By all this he declareth his opinion more then he proveth it But to elude whatever strength this carries I further adde that God maketh use of two main instruments to promote and advance the Kingdom of Christ as mediatour 1. The first is the sacred function wholly set a part by God to preach the glad tidings of God reconciled to the world which function was first laid on Christ and then on the Apostles and the ministers of the Gospell who are embassadors and messengers of from Christ In this function there is no jurisdiction annexed but what the spirit in the word hath upon mens hearts for their conviction and conversion In the exercise of this function there is no law made by him that bears it but the law of the spirit no censure inflicted but on such as either willingly and not by constraint undergo it and chose whether they will or no or when it pleaseth God in judgement to afflict the despisers of Gods ministers ordinances This function I grant is not exercised in the magistrates name but Christs nor is it subordinate to him 2. The second thing servient if I may so speak and subservient to the promoting of the Kingdom of Christ is the magistrate and magistracy in as much as which I said before it cannot be that ministers and people assemble synods be called an outward government settled lawes published good men rewarded bad men punished heresies and hereticks rejected ministers maintained union preserved except ministers people synods be invested with a power of magistrate and magistracy These two as I suppose being undeniably true all Mr. Gillespies assertions above-mentioned will be found built upon the sand The magistrate having not the sacred function on him is no minister nor ambassadour of and from Christ neither doth the inward operative jurisdiction annexed to the sacred function arise from magistracy ex natura rei In that regard the minister preaching the Gospell and exercising his pastorall function is not the magistrates minister but Christs But as magistracy is the second necessary instrument which God employeth to promote the Kingdom of his Son in the world and for as much as it cannot be so much as imagined that magistracy is inherent in all pastors and assemblies of churches and synods no doubt but the ministers in that consideration may be called the magistrates ministers as both in the same respect are Christs ministers If Christs Kingdom cannot be nor ever was promoted without magistracy actually present and acting then the magistrate is a main minister of Christ in those acts Reverend and learned Mr. Lightfoot in his Harmony of the New Testament upon the 1 Cor. 5. clearly evinceth that church-officers cannot be so much as conceived to govern the churches without magistracy either assumed or delegated for having told us that every synagogue of the Jewes had magistracy within their own body judging betwixt party and party in matters of money Health damage yea inflicting corporall punishments he addeth all things well considered it may not be so monstrons as it seems to some to say it might very well be so in those times of Christian congregations for since as it might be shewed Christ and his Apostles in platforming the modell of Christian churches in those times did keep very close to the platform of synagogues and since the Romans in those times made no difference betwixt Iewes Iudaizing and Iewes that were turned Christians for as yet there was no persecution raised against Christianity why might not Christian congregations have and exercise their double function of ministry and magistracy in them as well as the Iewish synagogues and if that much controverted place 1 Tim. 5. 17. should be interpreted according to such a rule it were neither irrationall nor improbable Here by the way one may see that in synagogues there were severall functions but one Imperium and jurisdiction which was that of magistracy 2. that the churches of Christians were modelled according to Iewish synagogues 3. that every church had both ministery and magistracy By this likewise down goeth what he saith that the magistrate though Christian and godly doth not in regard of his particular vocation intend the glory of Jesus Christ as mediatour and King of the church The main end as well as duty of magistracy is the care of religion and so of
Christian religion his aime is and ought to be not so much peace and quietnesse as godlinesse and honesty Must a magistrate hide his power which is his talent in a napkin were not Adam Abraham Isaac and Jacob by their paternall magistraticall power tyed to promote Gods true worship It is very strange doctrine when he saith p. 189. that the end of an ecclesiasticall sentence as delivering to Satan is that men may learn not to blaspheme but the end of the magistrate in punishing blasphemers is only that justice may be done according to law and that peace and good order may be maintained A rank papist could hardly speak more crudely Ought not this to be the end of the magistrate in punishing transgressours if it be not by death that they may change their lives and be better then they were Were not reformation of life the end for which a blasphemer is punished but only peace and quietnesse the magistrate might as well let him go unpunished if he can but obtain his end which as Mr. Gillespie saith is peace and quietnesse which hath been often obtained when no blasphemers were punished It is observed that in Augustus time there was for 12. years through all the Roman Empire peace and quietnesse though the life of all his subjects were a perpetuall blasphemy against God But I pray how can Christs church be ruled by magistracy except it be in the name of Christ promote the interest of Jesus Christ and ayme at the glory of Jesus Christ When he saith that the magiâ—…rate of England is not a member of the church as a magistrate but as a Christian and that he governs not as a Christian but as a magistrate I confesse I understand not why I may not say as well that a pastor is not a member of a church as pastor but as a Christian for there be in the church as well Balaams and false teachers as persecuting magistrates Why may I not say that a father is not to teach the fear of the Lord to his son as a father but as a Christian for the magistrate is not to rule and order affairs of the church as a Christian but as a magistrate otherwise a Christian without the office of magistracy might do the like How can the duty about the exercise of a power be divided from the power it self as that a magistrate should be by his duty of magistracy keeper of both tables and yet should have no power given from God for the keeping of these tables But which is most al surd how can the keeping of the two tables under the Gospell be separate from the keeping of the doctrine and discipline of the Gospell as that the magistrate should be keeper of one and the pastors of the other If the magistrate under the old Testament was keeper not only of the decalogue but also of the covenant of grace by which the people of Israel was distinguished from the rest of the world what hinders but he should be under the Gospells administration a keeper both of the law and Gospell except Mr. Gillespie say that the priests were keepers of the law whereof David speaketh in the 19 Psalme and the magistrate keeper of the two tables given in mount Sinai As for the magistrates being a member of the church and therefore no head or governour of the church I believe he is as much lyable to submit and stoup his will to the commands of Christ in the ministery as the lowest in the congregation he must acknowledge his minister the better man as honoured with the highest function that ever was and which the Son of God our Lord Jesus Christ took upon him But were all the ministers of the Gospell as many Jesus Christs I would yield unto them all alike jurisdiction over the wills and minds of men but deny them an externall coercive judiciall power over their bodies estates liberties c. CHAPTER VIII Mr. Gillespies manifest contradictions in stating the magistrates power in matters of Religion BUt I will plainly shew that in this matter Mr. Gillespie doth manifestly contradict himself and stands on no sure ground for what he hath taken from the magistrate in some places in others he restoreth to him In some he grants as much to the magistrate as if he had been another Erastus in others he gives him nothing at all and makes ecclesiasticall and civil jurisdiction to be res disparatae or things as much different as wisedome and a candlestick being of severall classes and predicaments so that one hath nothing to meddle with the other Thus pag. 253. these be his words We deny that in a well-constituted church it is agreeable to the will of Christ for the magistrate either to receive appeals properly so called from the sentence of an ecclesiasticall court or to receive complaints exhibited against that sentence by that party censured so as by his authority upon such a complaint to nullify or make void the ecclesiasticall censure This indeed is imperium in imperio a jurisdiction within a jurisdiction and independent from it Mr. Gillespie would not have a man to appeal from the presbytery or synod or make complaints to the magistrate nor a magistrate to receive the complaints but he is contented that the magistrate should act the part of an executioner in compelling the party censured to submit to the church-censure which indeed is a most ungodly and tyrannicall proceeding like that of Pope Julius the 2. who would have King Lewis the 12. to execute the sentence against the Waldenses by destroying them by the sword and burning their cities without taking any cognizance of the fact And since all church-censures do signify just nothing without a power of magistracy giving its sanction for effectuating the sentence of the church here if we believe Mr. Gillespie the pastor is like the intellect and the magistrate the will this following with a blind obedience the dictates of that But who shall judge when the church is well constituted that then the magistrate may not receive complaints and appeals and may not sometimes wrong proceedings und unjust sentences passe in a well-constituted church so long as a church never so pure is not infallible and on the contrary may not an unsettled church be very just in their censures why then should it be more agreeable to the will of Christ to receive appeals from a just sentence in an unsettled church then from an unjust one when the church is well-constituted But when was ever such a well-constituted church unerring in their judgement as all appeals from their judgement to another should be unlawfull was or is that church well-constituted that either ever clashed with magistracy or was divided in it self as now it is Now we shall find Mr. Gillespie playing two other parts under the one he ascribeth to the magistrate as much as ever they challenged under the other vizard he chalks a middle way of magistrates power in sacred things
in which he seems to give something to the magistrate but in truth gives nothing however he is sure to raise a dust of distinctions that neither satisfy one nor the other Pag. 259. he alledgeth the 25. article of the confession of the church of Scotland which saith that to Kings Princes rulers and magistrates chiefly and most principally the conservation and the purgation of religion pertaineth so that not only they are appointed for civil policy but also for maintenance of the true religion and for suppressing idolatry and all superstition what soever He who never had heard of a double jurisdiction ecclesiasticall and civil or of a power of excommunicating deposing making lawes and determining so authoritatively about matters of faith and discipline that the magistrate is not to revise their judgements or receive complaints from church-judicatories he who never I say had heard of these positions would never deduct them by any consequence out of the words of the confession of Scotland quoted by Mr. Gillespie for quite contrary they unite all power into one make the magistrate sole governour of churches nationall provinciall and consistoriall and sole judge of heresies canous decrees and church-censures and besides overturn all Mr. Gillespies ground upon which he thinks to have laid very fast the fabrick of his ecclesiasticall jurisdiction independent from the magistrate and lastly reinvest the magistrate with the right and power which Mr. Gillespie hath taken from him when every where he denieth these three things 1. that the magistrate as magistrate intends the glory of Jesus Christ no otherwise then a sea-man or a picture-drawer as such see p. 187. 2. that he is to rule in the name of Christ p. 235. 3. that a magistrate as such is subservient to Christ as mediatour But let us examine by parts the force of the words of the confession of Scotland and how they agree with Mr. Gillespies usuall determinations 1. That article of the confession ascribeth to the magistrate at least an equall jurisdiction over ecclesiasticall persons and things which he hath over civil for they say he is appointed not only for civil policy but also for maintenance of the true religion so that equally he is charged by God to extirpate heresies reform the church and to purge the Commonwealth from seditions abuses crimes c. 2. Yea the article puts a great deal more stresse of duty upon the magistrate to govern the church and maintain and reform the true religion then to rule the Commonwealth besides making the end and ayme of magistrates and magistracy not so much peace and quietnesse as honesty and godlinesse and not so much the glory of his dominions as that of Jesus Christ 3. But how can it be that as the article saith the magistrate should be appointed by God chiefly and principally for maintaining the true religion for purging it from heresies schisme idolatry c. and yet the while he should not rule in the name of Christ nor should be subservient to the Kingdom of Jesus Christ as mediatour as Mr. Gâ—llespie speaketh Can the Lord Iesus appoint officers whose office and place is chiefly and principally to promote the interest of Iesus Christ and yet those officers shall not intend that which chiefly they are to intend and are appointed for namely the glory of Iesus Christ and the advancement of his Kingdom How can the article stand with what he saith p. 187. that magistrates as such do not intend the glory of Iesus Christ otherwise then a sea-man a printer a merchant So that by what he saith the magistrates act towards the promoting and advancing Christs Kingdom hath no more congruity then the act of a physitian building a house which he doth not build as a physitian but as an architect and builder Thus Mr. Gillespie maketh not a magistrate or magistracy but his Christian profession subservient to the interest of Iesus Christ 4. But how can the magistrates principall duty be to purge religion extirpate idolatry and heresy with a power only depending on God except his judgement in discerning what is true religion and what idolatry be as absolute and independent on any judicatory as his power and duty is It God hath placed in the same person or persons both a duty and a power to reforme and purge religion sure he hath not denyed him the main condition required to the discharge of that duty and the exercise of that power and that condition is the duty of a judge whose judgement of a law or sentence whether right or wrong goeth alwayes along with his judicall power so that the magistrate must judge with a judgement of discretion and approbation of the truth the goodnesse equity of any matter propounded to 〈◊〉 by presbyteries and synods before it be law 〈◊〉 decree or judiciall sentence obliging externally men to obedience This language of the article of the confession of Scotland falls sometimes from Mr. Gillespies pen as pag. 187. It lyes upon the magistrate to advance that high and eminent vocation of his that Christ may be glorified as King of the church and p. 191. he saith magistrates are appointed not only for civil policy but for the conservation and purgation of religion But Mr. Gillespie may be well excused if he let fall such passages from his pen pulling down with one hand what he hath set up with the other for Beza a great advocate of ecclesiasticall jurisdiction and by whom it hath taken a great rise will sometimes thus forget himself namely in an epistle of his it is the 83. to a namelesse friend beating down at one blow his ecclesiasticall jurisdiction independent from the magistrate The words are Docet nos igitur Dei verbum c. The word of God teacheth us that it is the duty of magistrates to be even the chief guardians of ecclesiasticall order Therefore their charge is to look and provide that a presbytery rightly constituted according to the word of God do act all things lawfully and when need is to interpose their authority that things well judged and constituted be performed that the ring leaders of disorders be restrained and punished according to their deserts So likewise it is the office of the presbyterie to implore the ayd of the magistrate when needfull and obey him when he rightly admonisheth Certain it is the magistrate is made here sole judge to pronounce when the presbyterie is well constituted and its judgements are right and to interpose his authority as he seeth cause And at the end of the epistle officium magistratus vel hoc praecipuum est ut qui Domino ministrant legitime vocentur rite officio suo fungantur It is even the chief duty of the magistrate that those that minister to the Lord be lawfully called and perform well their office Thus the magistrate is made judge of the lawfullnesse of the call and when ministers discharge their places aright Sure he that hath the power to judge
many constitutions about regulating the power of fathers masters and husbands and yet allowing them their authority at home are an argument that their fatherly power is consistent with their subordination to the magistrate 4. There be as I shewed above two kinds of acts to be performed in a church one as they are church-members the other as they are a society that for their government must assume some part of jurisdiction of the same nature with the magistrates power In the managing of the acts of the first kind there is no subordination of the church to the magistrate but only in the second for preaching hearing the word of God administring the sacraments walking holily submitting one to another are no acts of power subordinate to the magistrate and under that consideration I will grant the right of churches not to depend on the magistrate but as these acts in a church-way cannot be exercised without a power of magistracy assumed in this regard a church may be said to be subordinate to the fountain of magistracy For it is with these two kinds of acts in subordination to God and the magistrate as with the body and the soul For none doubts but the faculty and gifts of reasoning apprehending truth loving God and our neighbour believing in Christ are no acts subordinate to the power of the magistrate but as reasoning faith love must be supposed resident in the body of man and that the man in doing acts subordinate to the magistrates power as going ordering commanding and obeying doth carry along his reason faith and love in like manner as it is not possible to consider a man performing the acts of reason faith and love and not being the while subordinate to the power of the magistrate so a church even performing those acts of church-members as such in as much as the second kind of acts that are subordinate to the magistrate must be joyned with the first cannot be considered without it be subordinate to the magistrate 5. If the power of churches were not subordinate to the magistrate many inconveniences would follow 1. That some churches gathered by the magistrate and his acts of appointing time place and stipends should not be subordinate to him 2. Or if he should gather none and besides appoint no publick worship to take place in all parts of his dominions but leave that wholly to the will of those that congregate of their own accord this I say would in a very short time breed irreligion or heathenisme in most places and most tanks of men for then it must be conceived that not one of 20. would congregate of themselves that the 19. parts not being called upon nor any way invited by publick ordinances set up in all places of mens abode atheisme or neglect of all religion would soon ensue in most parts And a persecuting magistrate as in the primitive church were ten times rather to be wished then one carelesse and neglecting to set up ordinances for by one of these two wayes either by persecution or by countenancing and commanding the worship of God the magistrate causeth religion to flourish by doing neither one nor the other he takes the way to abolish it as Julian the apostate was about to do if God had not the sooner cut him off 6. But suppose it be granted on all sides that the magistrate is bound to do what King Edward did or Queen Elizabeth to banish popery to set up protestantisme and an orthodox ministery in all parishes throughout England which acts cannot be performed by a few particular churches with all their church power sure it must be also granted that all those acts of a magistrate in ordering affairs of religion are in his disposall and depending on him 7. Since then the magistrate must have the ordering of those affairs of religion which he himself hath constituted if he should not likewise be the supreme governour of those churches which he hath not erected but were gathered by the members of churches of their own accord there could not but a great confusion arise in mens minds as well as in the state it being no small businesse to distinguish the power of the churches that are subordinate to the magistrate and the power of those churches that are not From reason I descend to the authority of the rever brethren both in old and new England dissenting from the presbyterians In old England the reverend pious Jeremie Burroughs will be in stead of all the rest of his brethren for in the eleventh chapter of his Irenicum he professeth to deliver not only his own judgement but also that of his brethren with whom he had occasion to converse Whoever shall peruse his book throughout specially the fifth chapter will find that he attributeth as much power to the magistrate over churches as any of the opposites to the presbyterian brethren Which power of the magistrate while he asserteth he never conceives it should overthrow his other positions namely in the seventh chapter concerning the right and power of churches or that his stating the right liberty and power of churches could not consist with the power of the magistrate over them Now he is very expresse in the said chapter for the power of the magistrate in sacred things Pag. 21. he saith that magistrates in their magistracy are specially to ayme at the promoting of the Kingdom of Jesus Christ the mediatour and there and throughout that long chapter you have these conclusions 1. That the church and Commonwealth of Israel were mixed in one that there is no reason it should be now otherwise 2. That the power of the magistrate is alike in the times of the old and new Testament and were it so that nothing were set down of it in the new Testament that it is enough it is a law not only granted to the Israelites but also of the light given to the very heathens whose power of magistracy was to govern religion as well as other things 3. That it is most unreasonable that a magistrate turning either from the heathenish or Jewish religion should enjoy lesse power in matters of religion then he had when he was a Jew or heathen An infidel magistrate saith he converted to Christian religion is thereby better inabled to perform the duty of his place then before but he had the same authority before 4. He holds that the magistrate hath a soveraign judgement of his commands though unskilfull in the things commanded A magistrate that is not skilfull in physick or in navigation yet he may judge physitians and mariners if they wrong others in their way 5. He asserts largely the power of the magistrate in matters of religion by the example of the Kings of Judah and Israel yea of the Kings of Niniveh and of Artaxerxes interposing his power in matters of religion for which Ezra blesseth God whosoever will not do the law of thy God and the law of the King let judgement be executed upon