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A49800 Politica sacra & civilis, or, A model of civil and ecclesiastical government wherein, besides the positive doctrine concerning state and church in general, are debated the principal controversies of the times concerning the constitution of the state and Church of England, tending to righteousness, truth, and peace / by George Lawson ... Lawson, George, d. 1678. 1689 (1689) Wing L711; ESTC R6996 214,893 484

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Bodies Politick as Universities Corporations Counties Armies and Common-wealths This is God's way of Government which the wisest Governours did always imitate Thus Moses chose able men out of all Israel and made them Rulers over the People Rulers of thousands Rulers of hundreds Rulers of fifties and Rulers of tens And they judged the people at all seasons the hard causes they brought to Moses but every small matter they judged themselves Exod. 18.25 26. In this Text considered with the antecedent many things as proper to Government are observable 1. There must be Laws 2. Officers 3. Courts according to the tria Jura Majestatis of Legislation making Officers and Jurisdiction These presuppose a Community and a Constitution 1. There must be a power of making Laws that belongs to the Soveraign 2. Laws by this power must be made for Administration which without them must needs be arbitrary and irregular 3. Those Laws once enacted must be promulgated that they may be known 4. Once known they must regulate both the peoples obedience and the acts of Officers and judgment of the Judges After Laws once established they must be executed and that cannot be orderly and effectually done without a division of the people For 1. they must be numbred divided into tens fifties hundreds thousands tribes 2. They must be co-ordinate and equally poised tens with tens fifties with fifties hundreds with hundreds thousands with thousands 3. They must be subordinate ten to fifty fifty to an hundred and hundreds to thousands and all unto the whole When this is done Officers by whom these Laws must be executed must be made These must first be well qualified 2. The people must chuse them Deut. 1.13 3. Moses must appoint them their places assign them their circuits give them their charge 4. They must have their Courts and Sessions judge execute the Laws and be subordinate the lesser Courts to the superiour and all to the Supream For their Causes especially if difficult must ascend till they came to Moses and he brought them to God who was their Soveraign this was extraordinary But afterwards they had their Sanhedrim and Court of Appeals This subordination seems to be implied in those words of our Saviour Matth. 5.22 But I say unto you that whosoever is angry with his brother without a cause shall be in danger of the judgement and whosoever shall say unto his brother Racha shall be in danger of the council but whosoever shall say Thou Fool shall be in danger of hell fire One thing in all this is considerable That Moses did not make every Division nor every Court severally independent but subordinated all unto one supream Consistory A Multitude though National therefore is no impediment to good Government especially when they are numbred divided co-ordinated and subordinated and so by a certain and fixed order made one section 11 As a Multitude is no hinderance so neither is a national distance of parts For if we should enquire into the Constitution of the Chaldean or the Persian Empires of both which we might learn much out of the Holy Scriptures especially in the Books of Ezra both first and second called Nehemiah and Ester and Daniel most of all we should find 1. That the extent of them was far more than National and the distance of the parts far greater 2. That these were divided subordinated not only in the parts less to the greater but also in their Officers both for War and Peace the Revenue and the Administration of Justice and so by order united under one Head. The Empire of Rome the parts whereof were severed at a very great distance as from the River Euphrates in the East to the Ocean upon the West of France and from Aegypt Southward to the North of the Lesser Asia was according to their principles of Policy as well governed as any European petty State at this time is The Turkish Seigniory tho' of great extent is as well ordered as divers several Kingdoms Christian confined to a far more narrow compass Their order is good their strength great their Counsel which doth manage it politick their Laws for administration of Justice certain their divisions from matters of Religion few or none and their internal strength must needs be firm and the continuance of their Dominion hath been long Some attribute the excellency of their Government to their severity in punishments and their bounty in rewards yet though these add something yet these are but the least part The Dominions of Spain are many and scattered at a very great distance round about the Globe on both sides the Line within and without the Tropicks yet all these are subjected to one supream Judicatory and are tolerably governed and by a great deal of policy have been kept together till of late France indeed is stronger because divided into thirty Provinces it 's united in one Vicinity and subject to one Monarch Yet in these vast Dominions and great Empires the union of their many parts so distant did depend not only upon ordinary means but some extraordinary acts of Divine Providence From all this it 's evident that by division co-ordination subordination the supream power of one Nation nay of many Nations may be diffused through the whole Body so as to animate it and reach every part even the remotest section 12 Yet it may be objected that all the Members of a National Church can never meet together in one place and Assembly It 's true they cannot neither is it needful Joshua called and assembled all Israel when yet none but their Elders their Heads their Officers their Judges were called and convented Josh. 23.2 Upon which place Masius thus comments Cum dictum esset omnem Israelem fuisse convocatum ipsa deinde universitas ad eos deducitur qui populum omnem repraesentabant So that all Israel met in their Representative Thus David thus Solomon did use to convocate all Israel As our State hath its Wittena Gemot the Parliament which Cambden calls Pananglium so a National Church may have a general Assembly to represent the whole And this may be so composed as to be an abridgement and contraction of the quintessence of the wisdom piety and learning of a National Church This is a most excellent way for a Community to act by This may be both the terminus à quo ad quem of all these publick acts which are of weight and general concernment By this the Nomothetical Power is exercised to this by Appeal the highest causes are brought and finally determined yet here it 's to be observed that a Representative of the whole is not the whole properly but synecdochically and an Instrument whereby the whole doth so act yet if any thing be done amiss in a former particular Assembly the whole may correct it by a latter 2. That if the Constitution of a general Representative be right and the Members thereof duly qualified and act according to their qualification there will
Man or Angel or any company yet man cannot Man solitary is very imperfect and like a Body which wants some necessary parts God knows this full well therefore he so orders Multitudes of Vicinities that he inclines them by their very constitution to Society for by it they are not only stronger and more able to defend themselves and provide for their safety but also they are better supplyed with necessaries and commodities what one hath not another hath what one cannot do another can what few are not able to effect many may and all much more But that whereby God is the immediate cause of Society is voluntary consent to which he inclines their hearts when he hath once multiplied them and cast them together This consent whether tacit or express is grounded upon Love and good Affection with an intention to do good and just things one for another according to the work of the eternal Law written in their hearts The accidental original is when by divine Providence many from several Countries are cast together in one Place or part of the Earth and that upon several occasions or for several causes these in time grow familiar and acquainted one with another and for mutual Help Safety Benefit cement into one Body and according to the dictate of natural Reason join in one common Interest this some say was the original of the State of Venice at the first Thus the several distinct Communities upon the division of Languages at Babel had their beginning Thus one part of a Community seeking some new place for their habitation becomes a distinct Community of themselves section 7 The Third thing to be considered is who are Members of a Community To say nothing of Municipal Societies Colonies Plantations Provinces Titular Members who are only Cives honorarii this is a general Rule that after a form of Government once introduced whosoever are Subjects are Cives Members of that Community and continue such though the form of Government be altered or dissolved For there are degrees of them for some are virtualiter diminutè some formaliter plenè some eminenter Cives Members of a Community that is they are either imperfectly or perfectly such The lowest rank is of such as are not sui juris sed sub potestate alienâ free and in their own Power To this form are reduced Women Children Servants Strangers whether sojourning or inhabiting out of their own Common-wealth some kind of Tenants or Vassals do so much depend upon others that they are not competent Members all these are virtually included in others upon whom they depend Formally and fully Members are all such as being Males of full Age Free Independant have the use of Reason and some competent Estate such Freeholders seem to be with us These become such by Birth Election Manumission Or they are Natural Naturalized Being once such they have Jus suffragii in publicis as our Freeholders have a Vote in chusing their Knights for the Parliament and they virtually give their suffrage in that Assembly by their Representatives Eminenter Cives are such who by reason of their Descent Estates Parts Noble Acts are not once Members but somewhat more as being fit for Honour Offices and Places of Power if once a Common-wealth be constructed section 8 There be amongst others three inseparable adjuncts of a Community as a Community Propriety of Goods Liberty of Persons Equality of the Members Propriety there must needs be and the same Absolute and Independent the reason hereof is because what a Man hath justly acquired is his own by the Law of Nature which a Community doth not take away and further there is no dominium eminens as in a Common-wealth there must necessarily be Liberty of Persons there is because every compleat Member is sui juris and no ways bound by the Rules of a Civil supream Power and this is more than can be in a State once constituted wherein this Liberty is bounded by Allegiance and Laws there is Equality for there is no Superiour or Inferiour in respect of Government because there is no Government no Sovereign no Subject all are fellows Et socii quatenus socii sunt aequales inequality of Superiour and Inferiour Civil ariseth from a form of Government which is sometimes Despotical that it is destructive both of Liberty and Propriety This inequality is consistent with an imparity of Birth Parts Estate for Age for this is from Nature or Providence these Civil Societies may be less or greater both in respect of the number of Persons and extent of Place Neither can the certain number of Persons nor the particular bounds of Place be well determined If it be be too large it cannot so well unite if too little it 's insufficient to protect or provide for it self and so falls under the protection of others section 9 This Community Civil considered abstractively and antecedently to a form of Government not yet introduced or upon a dissolution of a former model or upon a failure of Succession in a time doth virtually contain a Supreme Power and hath a Liberty and Right to determine upon what Form they please so that it be good though it 's true that this Power may be taken from them by a Potent Invader or some other way and here it is to be noted that when a Form of Government is altered or dissolved any Community may remain nay under a Government it retains the nature of a Community as the matter and subject of the Common-wealth wherein every Subject must be considered first as Civis a Member of the Community before he can be conceived as subditus a Member of the Common-wealth This stricter Association of a Multitude to make a particular Community doth no way hinder their Society or Communion with other Communities or with all Mankind upon the Earth so far as is possible in things which may add unto their Happiness CHAP. III. Of an Ecclesiastical Community section 1 HItherto of a Community in general and of a Community Civil that which we call Ecclesiastical follows this in opposition to that which we call Temporal and Civil is Spiritual and is such in respect of Religion for as there are matters of this life which concern us as mortals with relation one unto another so there are matters of God spiritual divine and of a far higher allay there is no Nation or People though rude and barbarous but profess some Religion by the observation whereof they acknowledge their dependance upon a superiour Power and Providence far above that of mortal man yet many contrary to the very light of Nature either worshipped that which was not truly God or with the true God a false Deity or the true God alone without any certain rule and direction from Heaven after the invention of men or the suggestion of the Devil of these there have been many Communities which I will no further mention for these were never called Churches or
the people of the living God for the true Church is a Community of such as worship the true and living God according to certain rules of Truth revealed from Heaven and now contained in the holy Scriptures And these direct us to worship God not only as Creator but as Redeemer by Christ Such a kind of Society there hath been ever since the Fall of Adam and the first promise of Christ and all these Societies of all places and all times might be called Christians because all the members thereof professed Faith in Christ either as to come or already come yet because these Believers and Worshippers of God the Redeemer began to be called Christians after Christ's Exaltation at the right hand of God in the Apostles times I intend principally to speak of this Community Christian in the times of the New Testament therefore to pass by the Churches before the Floud and after till the time of Christ's exaltation I will confine my self unto the Communities Christian in the latter and stricter sense section 2 These things premised a Community Ecclesiastical is a Society of Christians in an immediate capacity to receive a form of spiritual external Government The principal parts of this Chapter shall be 1. The explication of the Definition 2. A Declaration of the manner how we become members of this Society 3. The Determination of the several and distinct degrees of these members The first thing in the Definition is the matter and that as Christians and especially in the stricter sense I do not say it 's a Society of Families as formerly was expressed in the Definition of a Civil Community For though the Churches of Jerusalem Antioch Rome Corinth Ephesus and other places might in their several divisions and precincts contain some whole Families and perhaps Vicinities Christian or because their habitation was in the same City or place they might be called Vicinities in which sence all particular Churches should be Vicinities yet our Saviour tells us that upon the preaching of the Gospel there should follow such a division in Religion even in the same Family That there should be five in one house divided three against two and two against three Luke 12.52 So that there might be several Religions professed and exercised in one Family and the persons of several Societies Thus it is with us since our unhappy divisions for the Husband sometimes is of one Church the Wise of a second the Children of a third or fourth Yet sometimes a whole Family might come in together as the Nobleman or Ruler of Capernaum believed and his whole house John 4.53 Lydia and her whole Houshold were baptized at one time The Jaylor and his whole House believed and was baptized the same night Acts 16.33 34. As in Families so much more in Vicinities not only several but also contrary Religions have been practised So that the first thing to be considered in the Definition is persons as Christians And here I might take occasion to enquire Whether a Parish may be a Congregation Christian and a multitude of Parishes in the same Vicinity may be a Community Spiritual Mr. Hooker gives occasion of this enquiry A Parish may be considered under a Civil or Ecclesiastical Notion Under a Civil as first made by a Power Civil and also a civil Society as a part of an allotment for civil ends and under civil Officers In an Ecclesiastical action it 's a Society and Body Politick Spiritual appointed for Worship and Discipline In which respect it consists as a Vicinity of such persons as within the precincts thereof profess the same Religion and joyn in the same worship have one and the same Pastour or Pastours and usually frequent the same religious Assemblies In this respect if either Jews or Heathens or Mahometans or Hereticks or Pagans died within the same Precinct they are not of the same Society yet are bound to pay their Tythes for the maintenance of God's worship in that place And these Tythes as determined by the civil Magistrate to be payed in that place and to be recovered by civil Laws may be called a Lay-fee but as they are due to Christ for to maintain the Gospel and divine Worship they come under another notion Further though the Pastour of such a Parish may as opportunity is offered and occasion requires do Christ service in other places yet he is in a special manner bound to that place and not only to edifie the converted but to convert the unconverted in that place section 3 Because any kind of persons are not fit to be of this Society therefore these persons must be Christians and such as profess their Faith in Christ and in Christ already exhibited and reigning in Heaven If they be adult they must not believe but profess in their own persons And this profession must be such as a rational Christian may judge to be serious as being unable clearly to prove the contrary The inward Faith should be sincere and the outward profession should agree with it yet it proves often otherwise Therefore we find a Judas in the Colledge of Apostles a Simon Magus a Demas amongst Christians for there hath been and will be tares amongst the wheat and chaff on Christ's floor which none can separate but he that hath his Fan in his Hand And let no man doubt but that such as Christ and his Apostles admitted and retained in the visible Church till they were openly discovered that man might judge of them such we must admit and retain and may do it section 4 1. As they must be Christians they must be a Society of Christians not single persons by themselves This implies there must be a multitude 2. An union of this multitude 3. A communion Yet as the multitude must be Christian so the union and communion must be even in holy and spiritual things 1. They they must be a multitude yet not a little number or a few as will appear afterwards The power and right of a Colledge may be preserved in one and exercised in three and a small number may make a Family-society yet here in this particular it is not so As there must be a multitude so 2. They must be united in a sacred bond of Christian Religion For as in a natural so in a spiritual political body there must be not only many members but they must be all united in one to make up the body This union as the civil is not meerly from Vicinity of place but from voluntary and free consent directed not only by reason but the rules of God's Word for that must be united not meerly as men but as Christians This consent may be tacit or express and must make them one not only when they make and assemble in one place but when they are parted asunder For by reason of this bound a Fraternity spiritual continues amongst them And the more solemn serious regular deliberate and agreeable to the Gospel it shall be the more
Agents the State wronged demands satisfaction or Justice and cannot be heard then there remains no way but to hazard a War and defer the cause to God to decide it by the Issue which he shall give Sometimes a State may be unjustly invaded in which case there is no remedy but a defensive War. 1. To judge and determine of this War whether offensive or defensive to have the chief Command to grant Commissions to Press Men provide for Arms and Money to denounce and proclaim the War by Heralds belongs unto the Soveraign who is trusted with this Militia not only against foreign States but against Seditious and Rebellious Subjects 2. After a War begun and continued a Peace may be concluded and this is another Act of Majesty Personal 3. Because one State may strengthen help and benefit another hence Leagues of Peace and Amity and also for mutual offence or defence or for Protection or for Commerce Yet none of these are valid by the very Law of Nations but as made concluded continued by the supream Powers Personal 4. The Soveraigns of several States cannot in their own Persons except very rarely meet together and act personally face to face one with another neither is it convenient or expedient so to do Therefore a way and means dictated by the light of Nature hath been invented to act by others who are their Deputies and Representatives and these are called Ambassadours To send these whether ordinary or extraordinary and to give them Power and Commissions with Instructions and Letters Credential that their Acts may be valid is the right of Majesty Personal To this Head may be referred the sending of Heralds and Agents or Envoyes section 10 This personal Majesty and Soveraignty acts within the Common-wealth and with the Subjects as Subjects With these it acts 1. In matters of Religion For Magistratus est custos utriusque tabulae where by Magistrate we must not understand Officers but supream Governours as the word is taken largely by many Authors especially such as profess Theology For it is the Duty as it is the Right of Civil Soveraigns to order matters of Religion and that in the first place so far as it tends unto or concerns the peace and happiness of a State which depends much upon the establishment profession and practice thereof As they must order it so they must not only constantly and sincerely profess practise it themselves but as Soveraigns protect and defend their Subjects in the profession and exercise of the same so far as their coactive-force and Sword may justly do it This should be their first and principal Work which they should do not onely for the good of the people but their own happiness success and establishment in the Throne They are not to associate as Priests or Presbyters nor arrogate the power of making Canons Ordination Excommunication Absolution and such like Acts which are purely spiritual yet they may make Civil Laws concerning those things and execute the same and also ratifie by Civil Acts the Ecclesiastical Canons and punish such as shall violate the same Yet this right doth presuppose the Religion which they establish and maintain to be true and instituted from Heaven It 's true that the consciences of men are subject only unto God and to him alone are they answerable for their secret thoughts and opinions which men can have no certain cognisance of Yet if they broach errours in Religion and blasphemies and seek by communicating them by word or writing to seduce pervert infect others they disturb the peace of the State offend God and bring Gods Judgements from Heaven upon themselves who are guilty of such sins and upon the Soveraign and the subject of that State where they live And in this case though the consciences cannot be forced yet their estates persons lives are liable to the sword and in that respect they may and ought to be punished by the sword of Justice This is so a Right of Civil Soveraigns that we never read of any State of civilized people without Lawes concerning Religion and the worship of a Deity I confess this branch of civil Power is not rightly placed nor is the method exact because it comes in under the Heads of Legislation and Jurisdiction the matter of both which are Religion mens persons estates and lives section 11 After matters of Religion which are more spiritual and divine follow such as are temporal and humane Concerning these we have two acts of Majestie 1. Legislation 2. Execution of Laws made hence these two Jura Majestatis 1. A right to make Laws 2. A right to execute them This Power of making Laws is the principal and most necessary and doth inseparably adhere unto the Soveraign once constituted It was Jethro's counsel to Moses which with Gods approbation he followed to teach the people Laws that all Subjects and Officers might know their work and duty and the Rule which must direct them in all actions of Officers and subjects as such this was Gods order For after that he became their Soveraign and the people of Israel his subjects he proceeds to make Lawes Moral Ceremonial Judicial yet the personal Soveraign hath no power to make fundamental Laws concerning the constitution but only for the administration This our Parliaments if rightly constituted and duly acting for the publick good I honour as much as any man may take notice of Yet I may not presume to teach them much less correct them This Power is given by the consent of the people in the constitution who upon their submission become their Soveraigns subjects and are bound thereupon either to obey his Lawes once made or suffer This is not meerly a Power to teach and direct them but to bind them To this Head are brought the Power of repealing interpreting altering Lawes with Dispensations Reservations naturalizing granting Priviledges conferring Honours founding Colledges and Corporations Legitimation restoring the blood tainted and all acts of Grace as giving immunities exemptions tolerations indulgences acts of oblivion section 12 After Legislation follows Execution which in this place is not the execution of the Judges Sentence for that follows as a distinct act of Jurisdiction This right of Majesty is of far greater latitude and reacheth all acts that tend to the execution of the Laws which are in vain if not put in execution And because this cannot be done without Officers and Judgment therefore this comprehends under it The right of making Officers administration of Justice The making of Officers as without which the Laws cannot be put in execution is the first of these two By Officers I understand all such as are used by the Soveraign for to put in practice the Law and perform any publick act These may be either ordinary or extraordinary temporary or standing for Peace or War for to deal with forriegn States Such are all Dictatours Viceroyes Regents Treasurers Counsellours Judges Sheriffs Constables Captains and Commanders by sea
conduce to that end Or else we are wilfully divided and no way will serve the turn but our own The first is the cause of our difference in Judgement the second of our disaffection and without an unity of the whole or at least of the major part the business will hardly be effected For we are not in any immediate capacity of a general Unity till time hath wasted and consumed some of our divisions and also the bitter enmity and rancour which continues in the Spirits of many to this day Therefore our settlement must begin in generals and necessaries and proceed by degrees 2. The Foundation to be laid is first to find out the ancient Constitution before it was corrupted too much and understand the great Wisdom of our Ancestors gained by long experience in the constitution of this our State. This may be done by some experienced Statesmen and Antiquaries in Law and that as well if not better out of Parliament than in Parliament For a Parliament it self must have some Foundation and certain Rule of their very being before they can act steadily and regularly and not spend their time of every sev●●al Parliament in molding their Government a new It 's a vain and presumptuous imagination to think that we have attained to a greater measure of Wisdom than our Ancestors attained unto And let us not undo what is already done if it be consistent with the best model 3. Let no man think that the publick interest either Ecclesiastical or Civil of England is the interest of any one person or Family or any few persons or Families much less of any Sect Party Faction It cannot be denied but whilst the Succession of our Kings was limited to a Family the succession was more certain For so the next successour was more easily known and competition which in this case is so dangerous was more easily avoided Yet even this could not prevent the difference between the Houses of York and Lancaster And when the issue of Henry 8 failed we had been in greater danger if the King of Scots had not been a Protestant and one who was conceived would prove firm to the English Protestant Interest But when this limited succession shall prove as it may do inconsistent with the publick interest it s not so much to be regarded For why should the honour or priviledge of one Family prejudice the universal safety of a Nation We know that vast Empires and Kingdoms have by an unlimited Election continued long And that which might help much in this Case is that policy of the German Empire in the Interregnum to have an administrator General 4. In modelling the Government we must have a special eye unto the Constitution that it be such as that it may not only be consistent with but effectually conduce to the promoting of peace and righteousness in the administration of the State and also to the advancement of the Christian Religion in the Church And I conceive our ancient Government for these ends was excellent and did also preserve and regulate the liberty of the people and also wisely limit the supream Magistrate 5. The Parliament being a general Representative of the whole Nation and now of three and trusted with our liberty estates lives and in some measure with the Religion we profess should consist and be made up of eminent and wise men Therefore the Election of them for the manner should be more regular and orderly in respect of the Electors and better limited and more strictly tied to a right Qualification of the Persons elected which should neither be unworthy nor unfit It may indeed fall so out that in these irregular and sometimes tumultuous Elections some wise and eminent persons may be chosen and the same may prove predominant and leading Members in that great Assembly but this is but a chance and no certainty nor use of right reason in it 6 When a Parliament is once assembled and begins to act if there be any thing that concerns the preservation and continuance either of the being of the State or of the Substance of the Protestant Religion that must be first dispatched and the next the punishment of crying Sins which are the Ruines of States 7 As for Religion so far as it concerns the State it 's fit that there be some general Rule both of our Profession and Worship but the Rule of profession must be brief and grounded upon plain Scriptures and so near to ancient Confessions as that no rational Christian who acknowledged the Scriptures to be the Word of God could or would scruple The Rule of Worship also must be plain and Clear. Let nothing be imposed upon all which any rational Christian as such may not recive without scruple As for Discipline as I have begun so I will go on in the next Chapter But these things have been and will be considered by far wiser men therefore I will not enlarge section 23 I might have said something more of the manner of disposing Soveraign power and with Besoldus have observed that as there may be two persons who make but one Monarch so there may be one King of two or more distinct and several Kingdoms This latter disposal was debated much in Calvin's case by the Sage Judges of the land in which debate some of them especially Chancellour Egerton did little less than make the King an absolute Monarch and the two Kingdoms in effect one but the Parliament was of another mind And the matter was far above their Courts and Cognizance the union could not be determined but by the Parliaments of both Kingdoms neither could this be done by them if the union made any alteration in the Constitution of either Kingdom In respect of mine intention this Chapter is very large in respect of the matter very brief and my desire is that others would more seriously and impartially enquire into this subject so far as it concerns our own Constitution which no doubt may be found out and if it prove defective may be perfected if men were peaceable and sought the publick good CHAP. IX Of the disposition of Ecclesiastical Power and first whether it be due unto the Bishop of Rome section 1 THe most difficult point in Politicks is that of the Jura Majestatis and the right disposal of them in a fit subject and concerning the nature of Civil power the manner of acquiring and disposing of it I have already spoken and also of Ecclesiastical power and the acquisition thereof now it remains I say something of the manner of disposing the power of the Keys in the right subject This is a matter of great dispute in these our times Therefore when I expected to find all clear because a Jus divinum grounded on the Scriptures was pretended on all hands I found it otherwise As when one of our Worthies had disemboked the Megellanick straits and was entred into that sea they call Pacificum he found the word Pacifick
to be Officers or at the best Representatives and not challenge to themselves alone the Original power of the Keys Let the People not be wronged or any ways deprived of that right which is theirs by the Rules of the Gospel 4. Let us make our Christian associations neither greater nor less than Christ allows us and which may be fittest for a good administration 5. Let 's not impose upon others any form or model of Church Government which is not agreeable to Christs Institution nor assert those things to be of Divine Authority which are not clearly grounded upon some Divine Precept 6. In things not necessary either to Salvation or the good of the Church or not plainly conducing to the edification thereof le ts grant a latitude And in such things though we may differ in judgment yet le ts agree in affection and in charity bear one with another till we be better informed 7. Let the Nation continue divided into Counties as it is and the Divisions of the Church be made accordingly or some other way if any better may be found out 8. Let the primary subject of the power of the Keys to be the whole and exercised by the best in every Precinct but let the highest causes and the most difficult cases with the Nomothetical part be reserved for the general Representative In all this the assistance of the State is to be implored and we must do nothing to the prejudice of their just power nor give them any causes of jealousies or suspitions 9. Some special care must be taken not only for the edification of the more knowing and professing Christians but also for the instruction of the ignorant and reformation of the prophane and scandalous and this latter is the more difficult work This cannot be done so well by Itinerants as by fit persons fixed in their several charges 10. The chief interest of the Nation as Christian is as you formerly heard the substance of the Protestant religion which consists not in Episcopacy or Presbytery or Independency nor meerly in a separation from the Church of Rome as corrupt and parted from the purity and simplicity of the Gospel for this is but negative but in certain positives of Doctrine Worship and Discipline clearly agreeable to the Gospel Neither need we go to lay a new Foundation but consider what the former Doctrine Worship and Discipline was and retain the best reject the superfluous rectifie that which was amiss and supply and perfect the defects When all this is done it were good that some forms of these established by Authority may be made publick yet so that all these may be plain and clear and consonant to the Gospel By doing thus we might testify to the world that we continue Protestants and reformed Christians and that our design was reformation and not confusion and abolition of saving truth amongst us The summ of this Discourse is Christ hath given the power of the Keys the Church to which it 's given is the primary subject and is bound to exercise it by her Officers and Representatives for the Churches good For as the Apostolical so this power was given for edification not destruction 2 Cor. 10.8 CHAP. XV. Of subjection in general and the subjects of a Civil State. section 1 IN the former part I have according to my poor ability declared 1. What the Act of Government is 2. That the subject of it being a Common-wealth both Civil and Ecclesiastical it hath two parts 1. The Constitution 2. The Administration of the same 3. That the matter of a Common-wealth is the Community and the Form and Order of Superiority and Subjection 4. That there are two integral parts of a Common-wealth 1. Pars imperans the Soverain 2. Pars subdita the Subject 5. What the power of a Soveraign is how it is acquired how disposed and that both in a Civil State and Church Now according to order comes in Pars subdita to be considered both in a Civil and an Ecclesiastical notion What a Subject in a Civil State is cannot be known in particular except we know the nature of subjection in general The word in Greek which signifies to be subject is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be subordinate For subjection presupposeth order not physical and local but moral of Superior and Inferiour That which makes a Superiour is power and power over another which is not invested with it in which respect he is inferiour in relation to him that hath power over him And so soon as God hath made one Superiour to another instantly the party inferiour is bound to subjection which is a thing due unto this Superiour God hath set him in a place under not above nor in the same rank and by this very placing of him he is made a subject by Divine Ordination And this is the first degree of subjection from which follows an obligation to active and voluntary submission And this obligation ariseth not only from this that the power over him is Gods not as he is Creatour meerly and the Author of Nature as Suarez doth express it nor only as he is a Supream Lord by Creation and Preservation committing some measure of his Power to man but also from this that he commandeth man to submit Actual subjection is an acknowledgment of this power in such a person and a voluntary submission This voluntary submission is a duty and that which God requires in the word honour in the fifth Commandment and the Apostle from God when he saith Let every soul be subject to the higher powers This submission is 1. A resigning up of their own understanding will and power unto the understanding will and power of his Superiour so far as God hath made him Superiour By this submission he becomes his Vassal and Servant and renounceth other Lords and Masters in that kind Upon this submission follows either an obligation to obey just commands or to suffer upon disobedience There are several kinds and also degrees of this objection there is a subjection of Children to Parents Servants to Masters Wives to Husbands Schollars to their Teachers Souldiers to their Commanders People unto their Soveraigns and of all unto God. And because he is Supream and we are wholly both in his power and under it alone therefore subjection in the highest degree and a total and an absolute resignation of our selves unto him and him alone is due And the truth is no submission or subjection is due to any other but all to him For when we submit to other higher and lower lawful powers we submit unto him in them who participate some portion of his power not of their own For there is no power but of God nay there is no power but which is Gods. This subjection is not meerly to be under the predominant force and strength but also under the directing Wisdom and the justly commanding will of another Thus far of subjection in general section 2 The subjection
the manner of Administrations Some converse in other States to learn Fashions or Wickedness some as Spies and Intelligencers The ends and the events are therefore several Some are good and benificial to themselves to their Country to other Nations The Issue of some mens Travel is Vanity or Vice or Mischief There are Strangers who do not meerly Travel and Sojourn but also fix their Habitation in other States these are called Advenae incolae and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 though the word be used for Pilgrims and Sojourners Neither of these are properly Subjects of that State where they live yet they ought to carry themselves fairly and not do any thing to the prejudice of the Laws or Government of the places where they do converse and according to their good carriage they are to be used civilly It was Gods charge to Israel to use Strangers well because they themselves had been Strangers in the Land of Aegypt For Strangers are used strangely and in Forraign Countries exposed to many abuses and dangers But special kindness is to be shewed to such as are miserable and fly for Religion or for protection The Magistrate of every Common-Wealth should have a special eye upon these Strangers and enquire into their carriage and their practice To receive too great multitudes of them may be dangerous and some may do mischief either by corrupting the Subjects or seeking to betray the State. Neither is it safe to naturalize many of them much less to advance them to places of Power and Trust which must needs offend the Subjects and and Natives especially when these are favoured and prefered and the other are neglected The Judgment of God upon the Jew in this respect is very heavy for they are commonly hated in all places and not suffered to inhabite in any Nations and where they are permitted to dwell and trade hard terms are put upon them Perfecte plene subditi sunt nati section 12 facti There are besides Strangers such as are properly and compleatly subjects who according to their subjection enjoy the benefit of protection the rights and priviledges of Subjects Yet there is a great difference amongst these according to the several constitutions of States For some are far more free and enjoy far greater priviledges as the Roman Subjects did as is evident in Paul who said to the Centurion Is it lawful for you to scourge a man that is a Roman and uncondemned Acts 22.25 For a Roman could neither be condemned unheard nor scourged if not condemned These had divers other priviledges which the Provincial Subjects had not before they were infranchised The Subjects of England if they enjoy their right are more free then the Subjects of France or Spain and divers other Countries Some are little better than Slaves especially such as live under Despotical Soveraigns The right and priviledges of Subjects are acquired several ways which may be reduced to two For some are such by birth which are called Cives originarii some by allection This distinction is the same with natural and naturalized as you heard in the Doctrine of a Community This distinction is implied in these words of the chief Captain Lysias saying With a great summ obtained I this freedom and of Paul who answered but I was free born Acts 22.28 The seas Subjects were essentially the same and if either should as such be perferred the native Subject caeteris paribus had the priority Subjects also as Subjects are equal though in divers other respects accidental unto them they may be very unequal some may have special priviledges some may be Officers and by vertue of their Office have their priviledges Here some take occasion to speak of the multitude and paucity of Subjects in the same Territory and State. If they be few they may receive Fugitives and adopt Strangers as Romulus did If they be too many they may send out Colonies and make new Plantations If the multitude be not too great it 's the honour of the Soveraign and safety of the State if too few it 's the weakness of a Nation and a danger of destruction For in the multitude of people is the King's honour but in the want of people is the destruction of the Prince Prov. 14.28 Yet this is to be understood of a multitude well qualified and ordered by a good Prince For Tyrants and Oppressours waste and destroy their people to their own ruin section 13 There is another distinction of Subjects for they are Ecclesiastici Saeculares By Ecclesiastical persons are understood such as are indeed Subjects yet their Office and Work is in matters of Religion they act between God and Man as Messengers and Mediators between them They deliver God's mind to men and offer mens Prayers and Gifts to God. They officiate in Divine Services and that 's their chiefest Work. They are singled out from amongst men to direct others unto eternal Life These anciently were called Priests and their place was honourable yet there was an imparity amongst themselves In the New Testament these Ecclesiastical persons never called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Priests but Ministers of the Gospel or Presbyters under which words are signified all Apostles Prophets Evangelists Pastours and Teachers So that the word Priest was only given to Christ or Melchisedeck or the Levitical Pontiffs and Ministers or some Heathenish Sacrificer Yet in after-times because the Sacrament of the Eucharist was a Commemoration of the Sacrifice of Christ therefore in respect thereof the Table was called an Altar and the Minister a Priest. At length the Church of Rome turned the Sacrament into a Sacrifice properly so called and the Minister into a Priest. And this was the original of the Mass. This Ecclesiastical Function was instituted by God and very honourable both in that respect and also because their work is so excellent and necessary for upon it under God Religion and the benefits of Religion both private and publick temporal and eternal do much depend To these by divine Commands Maintenance is due from the people and they have been much honoured in well constituted States with many priviledges and immunities But their own unworthiness and the prophaneness of the people have much debased them Yet good Ministers with good people will be much esteemed to the World's end and when the chief Shepheard shall appear They shall receive a crown of glory which fadeth not away 1 Pet. 5.4 These were accounted as a distinct and eminent Order of Subjects as they were solemnly ordained The rest of the subjects and the Soveraign in respect of these have the name of Seculars and the Subjects are called Laicks or Lay-people This distinction is not so to be understood as though the rest of the people had nothing to do with Religion For they are bound to serve their God and seek Eternal Life which that they might attain this spiritual Office was ordained from Heaven And every