had already sworn could have found as many reasons against it as against the Covenant especially if it had been new as the Covenant was Many wise men at the first did scruple it and some suffered death for refusal Amongst the rest Sir Thomas Moor a learned and a very prudent man could not digest it and though he might have an high conceit of the Papal Supremacy yet that might not be the only reason of his refusal but this because he knew the Crown had no Ecclesiastical power properly so called Though this was not thought to be the true but only the pretended cause of his death For in his Vtopia he seems to dislike the Indisputable Prerogative which was a Noli me tangere and to touch it so roughly as he did might cost dear as it did Yet I have taken the Oath of Supremacy in that sense as our Divines did understand it and I was and am willing to give to Caesar the things that are Caesar's section 4 That which hath been said in this point in brief is this That though the Civil Powers have a right to order matters of Religion in respect of the outward part and so far as the Sword may reach it according to Divine Law yet they have no power of the Keys which Christ committed to the Church For if we consider all the power exercised in matter of Religion by David Solomon and the pious Kings of Judah by the Christian Emperours and Princes by the Kings of France and England it was but civil Neither is the power of our Parliaments any other For though they make Acts concerning the publick Doctrine and Discipline yet these are but civil They are not Representatives of the Church but of the State whether the Convocation was an essential part of the Parliament or a full representative of the Church I will not here debate I find some great Lawyers which deny both And if their denial be true then England had no general Representative of the Church in latter times As for Erastians and such as do give all Ecclesiastical power of Discipline to the State and deny all power to the Ministers but that of dispensing Word and Sacraments it 's plain they never understood the state of the Question and though a Minister as a Minister have no power but that of Word and Sacraments yet from thence it will not follow that the Church hath not a power spiritual distinct from that of the State in matters of Religion CHAP. XI Whether Episcopacy be the primary subject of the Power of the Keys section 1 THE Prelate presumes that the power of the Keys is his and he thinks his title very good and so good that though he could not prove the institution yet prescription will bear him out For he hath had possession for a long time and Universality and Antiquity seem to favour him very much Yet I hope his title may be examined and if upon examination it prove good he hath no cause to be offended except with this that I of all others should meddle with it But before any thing can be said to purpose we must first know the nature and institution of a Bishop which is the subject of the Question Secondly Put the Reader in mind that the Question is not in this place whether a Bishop be an Officer of the Church either by some special or some general Divine Precept but whether he be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the primary subject of the power of the Keys For he may be an Officer and yet no such subject Concerning a Bishop the subject of the Question two things are worthy our consideration 1. What he is 2. How instituted at the first The Definition and Institution seem rather to belong unto the second part of Ecclesiastical Politicks where I shall entreat of Ecclesiastical Officers and the constitution of them Yet I will here say something of both in order to the Question though I be the briefer afterward section 2 What a Bishop is may be difficult to know except we do distinguish before we do define For we find several sorts of Bishops in the Church Christian. There is a Primitive a Prelatical or Hierarchical and an English Bishop distinct and different in some things from both the former for whom I reserve a place in the end of this Chapter The Primitive Bishop is twofold 1. A Presbyter 2. A President or Superintendent 1. A Presbyter in the New Testament is a Bishop For the Elders of Ephesus were made by the Holy Ghost Bishops or Superintendents over God's flock Acts 20.28 And the qualification of a Bishop 1 Tim. 3.1 2 3 c. is the qualification of an Elder Tit. 1.5 6 7 c. For whatsoever some of late have said to the contrary yet Presbyter and Bishop were only two different words signifying the same Officer And this is confessed by divers of the Ancients who tell us that the word Bishop was appropriated to one who was more than a Presbyter in after-times 2. A Bishop signified one that was above a Presbyter in some respects as a Moderatour of a Classis or President of a Synod But such a Presbyter might be only pro tempore for the time of the Session and after the Assembly dissolved he might return to be a bare Presbyter again For to be a Moderatour or President was no constant place The word in this sense we find seldom used if at all 2. A President was a kind of Superintendent with a care and inspection not only over the people but the Presbyters too within a certain precinct and this was a constant place and the party called a Bishop and by Ambrose and Austine with divers others called primus Presbyterorum and these were such as had no power but with the Presbytery joyntly and that without a negative voice And the Presbytery might be a Representative not only of the Presbyters strictly taken but of the people too For we may read in Cyprian and other Authours that these Bishops in more weighty matters of publick concernment did nothing without the counsel and consent not only of the Presbyters but the people This I call a primitive Bishop not only because he is ancient but also because the place or office is agreeable to the rules of Reason of Government and the general Rules of the Apostles concerning Order Decency Edification There is also an Hierarchical Bishop who may be only a Bishop or an Archbishop and Metropolitan or a Patriarch and these challenge the power of Ordination and Jurisdiction and in Jurisdiction include and engross the power of making Canons This kind of Episcopacy is ancient as the former This last Bishop is he upon whom Spalatensis and many others do fix and though they grant that he should do nothing without the Counsel of the Presbytery yet they give him full power without the Presbytery which they joyn with him only for advice The English Bishop is in
which are the great Bulwark of the Kingdom had been intermitted for sixteen years at length when no man did expect one is called but suddenly dissolved Yet the Scots entred with a puissant Army into the Kingdom made a necessity of calling a second which is summoned confirmed by an act of continuance acts high makes great demands continues long Yet it 's deserted by the King and many of the Members opposed by an Army defends it self undertakes the King in England Scotland Ireland It maker a new broad Seal having formerly seized upon the Navy and the Ports recruits it self by new Elections Then they fall out with the Army after that they are divided amongst themselves In the end follows the seclusion of many of the Members and the remnant act and by the Army and the Navy doth great things but at last even this remnant by this Army is totally routed and dissolved This is that long-sitting Parliament which some say might have been good Physick but proved bad Diet. Never Parliament of England varied more never any more opposed never any suffered more never any acted higher never any effected greater things It made an end of Kings and new model'd the Government 3. The King deserting the Parliament set up his Royal Standard and is opposed fought beaten finally and totally conquered delivered by the Scots into the Parliaments hands is confined secured as a guilty person tried judged condemned to death executed His Family and Children banished and disinherited of the Crown wander in foreign Countries and many great Ones suffered and fell with him Many foreign States stood amazed when they saw the potent Prince and Monarch of three Kingdoms reigning in greater power and splendour than ever any of his Predecessours cast down so suddenly from the heighth of his excellency laid in the dust and brought to nothing 4. The Civil Government was much changed from the primitive Constitution neither could the Petition of Right help much because the King and Ministers of State would not observe it but acted contrary unto it So that it was arrived almost at the height of an absolute Monarchy But as the winding of a string too high is the breaking of it so it fell out with Monarchy 1. The Parliament first require an explication of that Act for Liberty afterwards limit the Regal Power curb it assume it exercise it and in the end take it wholly away Some indeed of the Lords and Commons declare That they had no intention to change the fundamental Government by King Peers and Commons and perhaps really intended what they spake yet they could not perform for that very frame was taken asunder and abolished Upon which followed three several models one after another The 1. By the act of alteration The 2. By the new instrument The 3. and last by the humble petition of advice and yet we are not well setled So difficult it is after that a Constitution is once dissolved to establish a new frame So that it may be truely said that never King acted so much against a Parliament never Parliament prevailed so much against a King. Some were for the State of Venice and that form of Government as the most perfect model for England Some intend levelling some did judge it best that the General should have continued onely General for a while and to head onely the godly party a strange fancy and conceit 5. As for the Church many of the English began to look towards Rome many came home unto the Church and turned Papists Innovasions were daily made in Doctrine and Discipline and Prelacy seemed to advance with the Royal Power But this great Parliament puts a stay to all begins to reform and in reforming incline to an extream They take away Episcopacy Root and Branch abrogate the Liturgy make some alterations in the Doctrine compose a new Confession of Faith a Directory for worship and begin to settle a Presbyterian Discipline Yet that in the very rise was opposed by the Dissenting Brethren and never could be fully and universally so imposed as to be received Hereupon contrary to promise the Golden Reins of Discipline were loosed a general Liberty taken and swarms of Sects appear profess and Separate Errors Heresies Blasphemies do almost darken this Church and overspread the same Never from the first receiving of Christianity in this Nation was there so great a change in Religion known to be made in so short a time 6. Yet after all these bloody Wars and greatest Alterations in Church and State the substance of the Protestant Religion continues the Universities stand Schools remain Learning flourisheth Sabbaths are observed Ministers maintain'd never better Sermons never better Books The Orthodox Christian is confirmed Matters in Religion are not so much taken upon trust and tradition as formerly Arts and Languages advance the light of the Gospel shines The Laws abide in force Justice is administred peace enjoyed the Protestant Interest in forraign parts maintain'd England is become a warlike Nation furnished with gallant Men both by Sea and Land is courted by great Princes is a terrour to our Enemies a protection to our Friends and if we could agree amongst our selves it is an happy Nation Yet all this is from the wonderful wisdom of our God who knows how to bring Light out of darkness good out of Evil and from his Exceeding mercy who hath heard the Prayers of a remnant of his people in behalf of this Nation to which he intends good if our sins do not hinder And for my part I will not cease to Honour and to pray for such as from their hearts have endeavoured our good and especially for such which God hath made so eminently instrumental for our present happiness Such as are trusted with great power and employed in great business are many times perplexed with great difficulties and especially in distracted times And if they do something amiss we should not harshly Censure much less envy them but rather pity them and pray for them and remember our own frailty and that if we had been in their place we might have done worse But to draw unto a Conclusion of this long Chapter and not to offend the Reader let 's consider what may be done to finish and perfect any thing begun tending to our settlement Far be it from me to presume to prescribe any thing to wiser men who have seriously considered of this very thing already Yet I may be bold to deliver mine own Opinon with humble submission to my betters and if I err I may have the greater hope of pardon because I shall speak as one unbiassed and aiming with a sincere heart at the publick good of the English Church and State which though fearfully shaken and shattered are not yet destroyed And 1. This is certain that there are but two reasons of our unsettlement 1. Ignorance 2. Wilfulness For we either know not how to settle and what the best means are which most effeually
nascenti pagina Romae Ne vacet Egeriam consuluisse Numae Nôsset Sparta isthaec duro formata Lycurgo Secula mansisset quot stetit illa dies Nec tibi Parthenope gemino quater amplius anno Mutâsset dominos plebs malefida suos Nec sibi foedâsset fastos tam turpiter Anglus Mille per incertas mobilis usque vices Quam bene Lawsoni magni dignissimus haeres Nominis ille salo jura dat ipse solo Qui regnare doces qui parere libenter Imperium calami cedimus ecce tibi Te tantum genuit vicus brevis angulus orbis Langcliff nascenti conscia terra mihi Eborac invideant vel Athenae debeo plura Jam pro te patriae pro patriâque tibi J. Carr M. D. The Arguments of the several Chapters CHAP. I. THE Propriety of God acquired by Creation and continued by Preservation the ground of God's Supream Dominion and Power which is Vniversal over all Creatures more particular and special over Men and Angels who are capable of Laws Rewards Punishments not only Temporal but Eternal The exercise of this Power over men immediate or mediate Mediate in his Government by men over men is either Temporal and Civil or Spiritual and Ecclesiastical Of the Government Spiriritual before Christ's incarnation and after his Session at the right hand of God. Of the Church Christian Triumphant Militant Mystical Visible Vniversal Particular The particular parts of the Vniversal Church as visible the principal subject of the following Discourse Of our Differences and the Causes thereof of hope of better times and the Author's disposition and intention CHAP. II. Of a Community Civil What Politica is what a Common-wealth the subject of Politica What the parts of a Common-wealth what a Community in general which is the subject of a Common-wealth the name and nature of it Of a Community Civil the matter and the form thereof the Original of Civil Communities the members both natural and naturalized whether they be imperfectly or formally or eminently such The capacity of this Association to receive the form of a Civil Government Liberty Equality Propriety Adjuncts to this Community CHAP. III. Of an Ecclesiastical Community The Definition of it the explication of the Definition The distinction of the Members less or more perfectly such the manner of Incorporation Liberty Equality and aptitude to receive a form of Discipline Proprieties of this Society Where something concerning Children born of Christian Parents whether they be members of the Church or no. CHAP. IV. Of Power Civil The parts of Politica Constitution and Administration what Constitution is and what the parts of a Common-wealth both Civil and Ecclesiastical which are two 1. Soveraign 2. Subjects What Power in general what Power Civil what Supream Power or Majesty Civil the Branches thereof which are called Jura Majestatis the multitude of them reduced to order by several Writers and by the Author The Properties of Majesty which is real or personal What Soveraign real and personal may do The subject of Real Majesty in England the personal Majesty of the Parliament and of the King. CHAP. V. Of the Acquisition of Civil Power and the Amission thereof Civil Power not essential but accidental to any Person It 's acquired in an extrordinary or ordinary way In an ordinary way by consent or Conquest justly or unjustly as by Vsurpation Vsurpation no good Title The Person Vsurping Power at the first by subsequent consent may acquire a good Title Succession and the several ways of Succession Amission of Power by violence or voluntary consent or death Whether any can be made Soveraign by condition Whether Soveraign Power once acquired may be forfeited how and to whom the forfeiture may be made CHAP. VI. Of Power Ecclesiastical The Power is Spiritual not Civil Why it 's called the Power of the Keys as different from that of the Sword. Binding and loosing the same with shutting and opening and both belong chiefly to Legislation and Jurisdiction This Power is Supream and Independent in every particular Church constituted aright according to the Rules of the Gospel The Branches and several Acts of it as making of Canons the constitution of Officers Jurisdiction disposing of the Churches goods Of the extent and also the bounds of the Power Certain distinctions of Spiritual Government as Internal External Vniversal Particular Formal Material or Objective CHAP. VII Of acquiring or losing Ecclesiastical Power The just acquisition of this Power extraordinary in the highest measure as in Christ or in an inferiour degree as in the Apostles How ordinary Churches derive it from Christ by the Gospel-Charter in an ordinary way The Power of the Church and Church-Officers unequal The several ways of Vsurping and also of losing this Power CHAP. VIII Of the disposition of Power Civil from the several manners of which arise the several forms of Government General Observations premised The several ways of disposing Majesty or Supream Power in a State. Pure Forms Monarchies Despotical and Regal Pure Aristocracies and Democracies Mixt Governments when the Power is placed in the several States joyntly The Constitution of England Our Kings and their Title Peers Commons Parliaments and the limits of their Power The limits of the King 's personal Majesty Our late divisions and confusions Whether King or Parliament as separate could be justified by the fundamental constitution of England By what Rule the Controversie must be tried Whether Party at the first was more faithful to the English Protestant interest How the state of the Controversie altered The high and extraordinary actings of all Parties The good that God hath brought out of our Disorders and Confusions Whom God hath hitherto most punished What is to be done if we intend a Settlement of State and Church CHAP. IX Of the Disposition of Power Ecclesiastical and whether the Bishop of Rome be the first Subject of it under Christ. The many and great differences about the first subject of the Power of the Keys The Pope the Prince the Prelate the Presbyter the People challenge it as due unto them by a Divine Right Their several pretended Titles examined Whether that of the Bishop of Rome be good or valid His greatness state and pomp The opinions of some Authors concerning him The power he challengeth is Transcendent The reasons to prove his title taken from Politicks Ancient Writers the Scriptures The insufficiency of them though some may seem to prove the possession yet none make good the Title CHAP. X. Whether Civil Soveraigns have any right unto the power of the Keys Their power and advantage to assume and exercise this power Their power not spiritual but temporal The power of ordering Matters of Religion what it is and how it differs from the power of the Keyes Jus Religionis ordinandae rightly understood belongs to all higher Powers The Kings and Queens of England though acknowledged over all persons in all causes both Civil and Ecclesiastical supream Governours yet
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
Rulers of the World. And he makes use of Angels Men Armies all Creatures to execute his righteous Judgments 6. Majesty hangs very loosely upon such as do possess it they have no strong hold of it It 's easily separable from man and man from it and it 's more easily lost than acquired and acquired many times more easily than kept Therefore it is that a Scepter is so easily turned to a spade and a spade unto a Scepter 7. Here is the proper place to examine 1. Whether Majesty can be conferred upon any person or persons upon condition 2. Whether once conferred and received it can be forfeited Not to be conditionally given and received not to be liable to forfeiture are not Jura Majestatis as Mr. Hobbs improperly calls them but if they any ways agree to Majesty as it will be hard to prove they do they are rather adjuncts than any thing else For the first Whether they be given upon condition or no cannot be well determined except we distinguish of this Power as given by God and as given by Man. 2. Between Majesty real and personal 3. Between personal of the first and of the second degree 4. Between the Sovereign materially and formally considered 1. God never gave any Power or Majesty Real or Personal but upon condition 1. That the receiver use it well 2. That he may take it away at will and pleasure 2. Real Majesty cannot by Man be given upon condition to a Community as free and such in proper sense 3. A Community may give personal Majesty upon condition and by the Laws of God cannot give it otherwise And the Condition is that they use it well and for the good of the people according to the eternal Laws of divine Wisdom and Justice for that very end for which God ordained all higher Powers and civil Government And no good Sovereign will desire it upon any other terms Hence the Oaths solemnly administred to the Sovereigns of the World which the people impose upon them not as Subjects but as members of a Free Community and this imposing referrs to the first Constitution and the fundamental Law of Government This is clear enough in the first institution of a King in England as the Myrrour tells us The Conqueror received the Crown upon the same terms And some good Lawyers inform us that before the King had taken his Oath to the people he could not require an Oath of Allegiance from them Therefore Sir Edward Coke must be warily understood when he makes the Coronation but a formality For though the setting of the Crown upon their Heads which is but a sign of Dignity and Honour be but a Ceremony yet the matter of his Oath is essential to the making of him King and if that being the substance of the fundamental Contract be not presupposed as first consented unto he cannot be a King. Bracton who advanceth our Kings as high as any antient Lawyer saith Ipse autem Rex non debet esse sub homine sed sub Deo Lege quia lex facit Regem Attribuat igitur Rex Legi quod lex attribuit ei videlicet dominationem potestatem Non enim est Rex ubi dominatur voluntas non lex l. 1. c. 8. And here he seems to understand not only the Law of constitution but administration That he means the latter is plain when he saith Non debet esse major eo in Regno suo in exhibitione juris He formerly asserted that Rex non habet param in Regno suo which is true in respect of every single person otherwise we know the King may be judged With this agrees that of the Myrrour That it was the great abusion of all to say the King was above the Laws to which he ought to be subject And we know who makes these Laws Arnisaeus who is so zealous for absolute Monarchs confesseth with the Philosopher that ubi leges dominantur the King cannot be absolute He observeth three kinds of Oaths which Princes take The 1. Is to maintain Religion The 2. To do their Duty The 3. Whereby they subject themselves to the Laws Such are the Oaths to be taken by the Kings of Poland Swethland Denmark and England whose Coronation-Oath includes all the three Yet this very man having no better Author than Holinshed is bold to affirm that our Kings were absolute hereditary Monarchs Bodin and Bisoldus seem to be of the same mind And if they be such then saith Arnisaeus they are Kings before they take their Oaths and hereditary too But who told him so How will he prove it We know for certain it 's otherwise and our Antiquaries in Law will say that he is very ignorant and yet very bold if not an impudent flatterer That Bodin with him and others should make the King of France absolute there may be some colour if we look upon their practice for they act very highly as absolute Princes Yet if Hottoman a better Lawyer and a far greater Antiquary than either Bodin or Arnisaeus be true the Kings of France are made Kings and receive their Crowns from the first investiture and that upon conditions Neither is there any Government which hath a rational and just constitution which may be known by ancient Records or unwritten constant Customs but will manifest that the Sovereigns thereof receive their Crowns and keep them upon certain conditions different from the written and natural Laws of God. And it 's remarkable that no Constitution can be good or allowable which is not agreeable to those Laws It 's true that if a people design one or more Persons to be their Sovereign and promise absolutely to acknowledge them by that designation and promise they are bound to grant him or them all the power whereby he or they may be absolute Sovereigns and if they will keep their promise they must not they cannot put any conditions upon him or them which may tend to the diminution of the Power already given And they may give it so as that he may as absolutely transmit it and derive it to his Posterity Yet if any shall do thus and set up such an absolute Sovereign that very Person or his Successor may be considered materially as such or such men or formally as such Sovereigns Materially considered especially as such as not yet invested they may be bound to such conditions as upon the non-performance of them they may forfeit But consider them as actually and absolutely invested there can be no such Obligation neither can any Conditions or Oaths be imposed upon them except they be willing to accept of them Yet if any people constitute such a Soveraignty it 's to be examined how justly and wisely they have done and whether they have not enslaved both themselves and their posterity and laid the foundation of their own misery and ruine And if this Constitution be neither just nor wise I cannot see how it should bind posterity And I
decline even in most peaceable times and the Subjects become suddenly unhappy But if he be Wicked Vitious Insolent Impetuous Cruel he instantly becomes a Tyrant and then both Church and State begin to suffer much Religion is corrupted or suppressed and persecuted the Wicked are predominant and the best under Hatches Yea though the Prince may be of a good Disposition yet facile and flexible devoid of Wisdom and Courage and also destitute of good and faithful Counsellors and beset with wicked Men how easily is he misled involved in many Troubles and in the end brought to Ruine Sometimes a few cunning Politicians act him as a â—hild drive on their own Interest and neglect yea pervert the publick Good. How much more if the Monarchs be Children or Ideots as some be If in such a model God raise up a David a Solomon a Jehosaphat an Ezekiah a Josiah the People may be happy and have great Cause to be thankful for so great a Blessing There is another way of disposing Majesty than the former and that is when it 's fixed section 7 Purely in more than one And that is twofold in obtimatibus plebe When it is disposed in few and the same more eminent it 's called an Aristocraty so called from the quality of the persons who govern For they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 optimates primores praecipui the most eminent in the Community and above the common Sort or Plebean Rank for they are not only formaliter but eminenter cives as you heard before Their eminency ariseth from their noble Extraction as being descended from noble and ancient Families or from their great Estates or from both or from their excellent Vertues And such as in whom all these concurr are the fittest for Government Amongst the Romans these were called Patricii This Order of Peers which may be so called in relation of one unto another amongst themselves is sometimes confined to certain Families as they say it is in the Rhagusian and Venetian States and with a permission or prohibition to marry in inferior Families or there may be way made open for the Adoption of other persons for their eminent Vertues though of meaner Rank For virtus vera nobilitas Such were the Patricii minorum Gentium amongst the Romans And though political Vertues as Wisdom and Justice do best qualifie them for the place yet it 's requisite they have good Estates or sufficient Allowance otherwise they will oppress the people or be unfit to attend the publick Service Yet such as are born of noble and ancient Families have some advantage because they many times inherit great Estates are more honoured by the People have the benefit of the best Education sometimes participate some measure of the noble Spirit of their Ancestors whose rare Examples may do something too These though physically many yet morally are but one person collective They may have a president and such as the Duke of Venice And his Privileges Honour State and Dignity may be Paramount and he may have the precedency yet no negative Voice nor Power above the rest For the Power and all the particular Rights of Majesty are in them all jointly And when they in any business of State do differ the major part carries it and the rest submit This may be an excellent Government when all or the greater and predominant party are Wise and Just and follow some certain Rules of the Constitution and seek the publick good as all other Sovereigns should do If there be not care taken in the Succession that the best may succeed the best the body will corrupt and degenerate into an Oligarchy which is then done when either they agree to advance their own private Interest to the neglect of the publick or if they be divided one party bears down another and a few prevailing engross the Power and Usurp far more than is due and oppress the People and so prove a number of Tyrants When the richest engross the power to themselves it 's called a Timocraty If the Succession into places vacant either by death or some other way be by Election an excellent qualification prerequired some strict order for the admission should be observed least unworthy persons enter by Favour Money or some Indirect way And in this particular the State of Venice seems to excel Neither must any of them be suffered to swell and rise above the rest as many ways they may do especially if they be Men of excellent parts and successful and be trusted with too great a command in the Administration For some wise Men have observed That the unlimitted Commission granted Pompey at the first for the Pyratick War laid the Foundation of those bloody Civil Wars which followed Majestas pure disponitur in Plebe section 8 This is the last and basest kind of the pure Models For Plebs signifies the inferior rank of People which for number far exceed the rest Among these besides Artificers Husband-men and such as are for Trade and Traffick there may be some Merchants of great Estates some of more noble Descent and competent Revenue yet far short of such Eminency as is required in Peers or Princes which this kind of Government cannot brook Yet it may be so ordered as that the exercise of the Power may be trusted in hands of some just wise and experienced Persons which either must govern by course or be removed least trusted too long they engross the power to themselves or to some few Families or to a Faction predominant For this kind of Government is very subject to Faction Disorder and Tumults The name of it is a Democraty in which there is the greatest Liberty not only because they are free from Peers and Princes but because every one may be a Magistrate and proceed in such a way as opens to that end Yet because in such a State there be few Men of Learning Wisdom Experience in matters of State most of mean Education and many so taken up with their own private Affairs it can hardly continue long without some Alteration if not Ruine It presently degenerates into an Ochlocraty and when such there it cannot stay long before it become an Anarchy It 's a Curse and heavy Judgment of God to live in such a Government according to that in the Prophet And the People shall be oppressed every one by another and every one by his Neighbour the Child shall behave himself proudly against the ancient and the base against the honourable Esa. iij. 5 The Philosopher reckons up four several kinds of this Democratical Form and there may be many more some better some worse Of the Tumults and Intestine Dissentions amongst these Plebeans Histories tell us much But this is a subject which is not very profitable and I list not to enlarge upon it Majestas disponitur mixte in pluribus section 9 omnibus There is another kind of disposition different from the former and it 's called a mixt Government The reason
of the same and Scotland vanquished In all our sad divisions which happened from first to last and are not wholly yet ended to this day Two things are worthy the serious consideration of wiser men than I am 1. What party for time past hath been most faithful to the English interest 2. What course is to be taken for to setle us more firmly for time to come For the first we must understand what the English interest is The interest of England is twofold Civil and Ecclesiastical for we are English men and Christians The Civil interest is salus populi Anglicani there is no doubt of that for the peace safety liberty happiness of our dear Country is the end whereat we are all bound both by the written and natural Laws of God to aim The interest Ecclesiastical is the Protestant Religion and the perservation of the substance thereof Prelacy Presbytery Independency much less Antipaedobaptism and other Sects are not essential but accidental to it This being the interest of England we cannot judge of the faithfulness either of the King 's or Parliaments party by the quality of the persons of either side For there were both good and bad on both sides who had their several grounds of adhering to this or that party and their several ends and neither their grounds nor ends good Nor can any man justifie all proceedings and actings of either side both had their errours Nor must we judge of them according to their protestation for both could not by such contrary means attain the same end as both sides protested to maintain the King the Parliament the liberty of the Subject the Laws and the Protestant Religion Neither in this particular must the Laws of the English Constitution and Administration be the rule for both acted not only above the Laws but contrary to the latter of them at least For no Laws could warrant the Parliament to act without the King or the King without the Parliament much less was it justifiable that there should be in one Kingdom two not only different but contrary commands supreme and from different heads and persons This was directly against the very nature of all Common-Wealths which have only one first mover and one indivisible supreme power to animate and act them section 19 The Rule therefore must be the Laws of God as above the Laws of Men and we must consider according to these divine Rules what was the state of the Controversie the justice and equity of the cause made evident and the just necessity of doing that which was done Neither must we look at the cause only as just in it self but also how it 's justly or unjustly maintained For men may use such means as shall never reach the just end intended but also such as may be destructive of the cause it self and raze the very foundation of it Besides all this before a perfect judgment can be made the secret counsels contrivances designs hidden actings of the chief Actors should be known yet these many times lie hid and are not known or if known yet to very few and some of these few cannot found the bottom Many things are charged upon the King as acting against the English interest as Civil as that he dissolves Parliaments without just and sufficient cause that he intermits Parliaments for sixteen years together that having signed the Petition of Right he acts contrary to it imposeth Ship-money calls a Parliament signs the Act of Continuance deserts it calls the Members from it calls another Parliament at Oxford challengeth a negative Voice to both the Houses raiseth a War against it though he was informed that this tended to the dissolution of the Government that whosoever should serve to assist him in such Wars are Traitors by the fundamental Laws of this Kingdom and have been so adjudged in two Acts of Parliament 11 Richard 2. and 1 Henry 4. And that such persons ought to suffer as Traitors These with other particulars charged upon him seem directly contrary unto the civil Interest of the Kingdom Again to Marry a Popish Lady upon Articles directly contrary to the Laws of England and the Protestant Religion established by Law to entertain Twenty eight Popish Priests with a Bishop to tolerate Mass in the Court to receive Three Agents from the Pope one after another Pisano Con Rosetti to maintain the Queen-mother to engage the generality of the People of England to retard the relieving of Ireland to admit divers of the Popish Irish Murtherers and Rebels into his Army to call our English Forces sent to relieve the poor distressed Protestants of Ireland out of that Nation and employ them against the Parliament of England to suffer some of the Heads of the Irish Rebels to be so near his Person to endeavour to bring in the Duke of Lorrain with his Forces into this Nation to contract with the Irish Rebels upon condition to enjoy their Religion to furnish him with Ten thousand Irish Rebels to strengthen his party in England with divers other acts like unto these is conceived to be not only inconsistent with but plainly destructive of the English Protestant Interest And if this be true it must needs be so Yet it might be said that the King endeavoured to maintain his own regal Power the Episcopacy and Liturgy established by Law and that he did not oppose the Parliament but a seditious party in the Parliament and other Sectaries whose principles were destructive both of all civil and also Ecclesiastical Government and without the judgment of able Lawyers and learned Divines he did not undertake the War either against Scotland or England or any other It 's true that of those who adhered to the King and liked not the Parliaments proceeding there were some consciencious persons who judged the King an absolute Monarch and did not like many things done by that party yet they thought it the Duty of Subjects to suffer and that it was no ways lawful to resist But the Casuists say That Ignorantia excusat a tanto non a toto their Ignorance might make their Crime less yet no ways free them from all Guilt It was not Invincible they might easily have known that the King of Enland was no absolute Monarch seeing he could not impose any Subsidy upon the Subject nor make or repeal a Law without the Parliament neither could he by his Letters or personal Command revoke the Judgment of any Court. And though they might be Civilians or read Foreign Writers which take our Kings for absolute Sovereigns yet no ancient Lawyers no Parliaments did declare them to be such Nay they might have known that they themselves obeying the King 's personal Commands disobeyed him as King and that serving him in the Wars they were guilty of High Treason against the Kingdom and against the King's Crown and Dignity Of these Royalists some have been high and cruel against their Brethren the Parliamenteers and have censured them
God was nothing but jus ad recte agendum a right to do right in matters of Religion If they did otherwise they abused their power they lost it not And if an Heathen Prince or State should become Christian they acquire no new Right but are further engaged to exercise their power in abolishing Idolatry and establishing the true Worship of the true God. This may be signified by the Titles of Nursing-Fathers of the Church Defenders of the Faith Most Christian Most Catholick King. All which as they signified their Right so they also pointed at their Duty which was to protect the true Church and maintain the True Christian Catholick Faith. 4. Though Regal and Sacerdotal power were always distinct and different in themselves yet they were often disposed and united in one Person Thus Melchisedeck was both King and Priest Thus Romulus was Prince and the chief Pontiffe For he is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halicar Antiqu. Rom. lib. 2. The succeeding Kings took the same place After the Regal power was abolished it was an high Office. When Rome became Imperial the Emperours took the Title of Supream Pontiffe and some of them after they became Christian retained it Yet still as the Powers so the Acts were distinct For Melchisedeck as King ruled his People in Righteousness and Peace as Priest officiated received Tithes and blessed Abraham As they were sometimes united so they were divided For God entailed the Sacerdotal power upon the house of Aaron and afterwards the Regal power upon the family of David Neither did Christ or his Apostles think it fit to make the Ministers Magistrates or the Magistrates Ministers Yet in this Union or Division you must know that this Sacerdotal and Ministerial power was not this Civil power of Religion which always belonged to the Civil Governours even then when these two powers were divided 5. If Civil powers stablish Religion and that by Law call Synods order them ratifie their Canons divest spiritual and Ecclesiastical persons of their temporal priviledges or restore them yet they do all this by their civil power by which they cannot excommunicate absolve suspend much less officiate and preach and administer Sacraments In this respect if the civil power make a civil Law against Idolatry Blasphemy Heresie or other scandal they may by the same power justly punish the offenders by the sword and the Church censure them by the power of the Keyes 6. This jus Religionis ordinandae this power of ordering matters of Religion is not the power of the Church but of the State not of the Keyes but of the sword The Church hath nothing to do with the sword nor the State with the Keyes Christ did not say tell the State and whatsoever ye bind on earth shall be bound in Heaven c. Neither did he say of the Church that she beareth not the sword in vain Therefore he must needs be very ignorant or very partial that shall conceive that the State is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the power of the Keyes section 3 These things premised give occasion to consider how the Oath of Supremacy is to be understood especially in these words wherein the Kings or Queens of England were acknowledged over all persons in causes as well Ecclesiastical as Civil all supream head and because that word Head was so offensive it was changed into Governour For the clearing hereof it 's to be observed 1. That by these words it was intended to exclude all foreign Power both Civil and Ecclesiastical especially that which the Bishops of Rome did challenge and also exercise within the Dominions of the Crown of England 2. That the Kings and Queens of Enland had no power supream in making Laws and passing judgements without the Parliament Therefore by supream Governour was meant supream Administratour for the execution of the Laws in the intervals of Parliament In this respect the Canons and injunctions made by the Clergy though confirmed by royal assent without the Parliament have been judged of no force 3. That by Ecclesiastical causes are meant such causes as are materially Ecclesiastical yet properly civil as before For matters of Religion in respect of the outward profession and practice and the Parties professing and practising are subject to the civil power For by the outward part the State may be disturbed put in danger of Gods judgements and the persons are punishable by the sword even for those crimes Yet neither can the sword reach the soul nor rectifie the conscience except per accidens That by Ecclesiastical is not meant spiritual in proper sense is clear because the Kings of England never took upon them to excommunicate or absolve neither had those Chancellours that were only Civilians and not Divines power to perform such acts Yet they received their power from the Bishops and it was counted Ecclesiastical 4. In respect of these Titles those Courts which were called Spiritual and Ecclesiastical derived their power from the Crown And the Bishops did correct and punish disquiet disobedient criminous persons within their Diocess according to such authority as they had by Gods word and as to them was committed by the authority of this Realm These are the words of the Book of Ordination in the consecration of Bishops The words seem to imply that they had a mixt or at least a twofold power one by the word as trusted with the power of the Keyes the other from the Magistrate or Crown and that was civil Such a mixt power they had indeed in the high Commission Yet though this may be implyed yet it may be they understood that their power by the word of God and from the Crown were the same The act of restoring the ancient jurisdiction to the Crown 1 Eliz. 1. doth make this further evident For it 's an act of restoring the ancient jurisdiction in Ecclesiasticals especially to the Crown for that 's the Title Where it must be observed that the power was such as the Parliament did give 2. That they did not give it anew but restore it 3. They could not had no power to give it if it belonged to the Crown by the Constitution but to declare it to be due upon which Declaration the Queen might resume that which the Pope had usurped and exercised 4. It 's remarkable that not the Queen but the Parliament by that act did restore it as the act of the Oath of supremacy was made by a Parliament which by that act could not give the King any power at all which was not formerly due In respect of Testaments temporal jurisdiction Dignities Priviledges Titles as due unto the Church by humane Constitution and donation all Ecclesiastical causes concerning these were determinable by a civil power How tithes are a lay-fee or divine right hath been declared formerly Hence it doth appear that the Oath of Supremacy was not so easily understood as it was easily taken by many and the Oxford Convocation I believe but that they
New Testament where it s used a hundred and eleven times at least and in all these places signifies an Assembly or Society Religious except in Acts 19.32 39 41. where it signifies both a tumultuous and also an orderly Assembly or Society or Convention as a civil Court of Judgment which signification is here applied by our Saviour to a Spiritual Judicatory for Spiritual Causes Though this be a special signification yet it signifies the number and Society of Believers and Disciples who profess their Faith in Christ exhibited and this is this Church-Christian and the People of God. Yet it signifies this People under several Notions as sometimes the Church of the Jews sometimes of the Gentiles sometimes the Universal Church sometimes particular Churches sometimes the Militant Church either as visible or mystical sometimes the Church Triumphant sometimes a Church before any form of Government be introduced sometimes under a form of Government so it 's taken and supposed by our Saviour here Grotius his Conceit that our Saviour in these words alludes to the manner of several Sects Professions as of Pharisees Sadduces Essenes who had their Rules of Discipline and their Assemblies and Convention for the practice of them may be probable Yet without any such Allusion the place is plain enough from the context and other Scriptures Erastus upon the place is intollerable and most wofully wrests it so doth Bishop Bilson in his Church-Government and is point-blank contrary to D. Andrews who in his Tortura Torti doth most accurately examine interpret and apply the words and most effectually from thence confute Bellarmine One may truly say of that Book as he himself said of Austin's Treatise De Civitate Dei it was opus palmarum For Civil Common Canon-Law Politicks History School Learning the Doctrine of the Casuists Divinity and other Arts whereof he makes use it is one of the most learned and accurate of any put forth in our times By his Exposition of this Text he utterly overthrows the immediate Jus Divinum of Episcopacy in matters of Discipline and Ecclesiastical Jurisdiction He plainly and expresly makes the whole Church the primary subject of the Power of the Keys in foro exteriori Therefore suppose the Bishops were Officers by a Divine Right as he endeavours to prove tho' weakly in his Letters to Du Moulin yet at best they can be but the Churches Delegates for the exercise of that Power And it is observable that divers of our Champions when they oppose Bellarmine's Monarchical Government of the Church peremptorily affirm the Power of the Keyes to be in the whole Church as the most effectual way to confute him yet when they wrote against the Presbyterian and the Antiprelatical party they change their Tone and Tune But to return unto the words of Institution 1. The word Church here signifies an Assembly 2. This Assembly is an Assembly for Religion 3. The Religion is Christian. 4. This Assembly is under a form of External Government 5. This Government presupposeth a Community and Laws and Officers Ecclesiastical These presupposed it 's a juridical Assembly or a Court. 6. Because Courts are Inferiour Superiour and Supream it signifies all especially Supream 7. It determines no kind of Government but that of a free State as shall more appear hereafter 8. Christ doth not say Dic Regi tell the Prince or State nor Dic Petro tell Peter or the Pope as though the Government should be Monarchical either Civil or Ecclesiastical nor Dic Presbytero tell the Elders nor Dic Apostolis Episcopis aut Archiopiscopis that the Government should be purely Aristocratical nor Dic Plebi that the Government should be purely Democratical nor Dic Synodo tell the Council general or particular But it saith tell the Church wherein there may be Bishops Presbyters some Eminent Persons neither Bishops nor Presbyters There may be Synods and all these either as Officers or Representatives of the Church and we may tell these and these may judge yet they hear and judge by a power derived and delegated from the Church and the Church by them as by her Instruments doth exercise her Power As the body sees by her eye and hears by the ear so it is in this particular but so that the similitude doth not run on four feet nor must be stretched too far This being the genuine Sense favours no Faction yet admits any kind of Order which observed may reach the main end For this we must know and take special notice of that Christ will never stand upon Formalities but requires the thing which he commands to be done in an orderly way Yet it 's necessary and his Institution doth tend unto it to reserve the chief Power in the whole Body otherwise if any party as Bishops or Presbyters or any other part of the Church be trusted with the power alone to themselves they will so engross it as that there will be no means nor ordinary jurisdiction to reform them Of this we have plain Experience in the Bishops of Rome who being trusted at first with too much Power did at length arrogate as their own and no ways derived from the Church and so refused to be judged For if the Church once make any party the primary subject of this power then they cannot use it to reduce them Therefore as it is a point of Wisdom in any State to reserve the chief power in the whole Community and single out the best and wisest to exercise it so as if the Trustees do abuse their power they may remove them or reform them so it should be done in the Church If any begin to challenge either the whole or the Supream power as Officers many of these nay the greater part of them may be unworthy or corrupted and then the Church is brought to straits and must needs suffer Some tell us that the King of England by the first Constitution was only the Supream and Universal Magistrate of the Kingdom trusted with a sufficient power to govern and administer the State according to the Laws and his chief work was to see the Laws executed Yet in tract of time they did challenge the power to themselves as their own and refused to be judged Yet in this Institution if Peter if Paul tho' Apostles do offend much more if Patriarchs Metropolitans Bishops Presbyters do trespass we must tell not Peter not Paul not an Apostle not a Bishop not any other but the Church No wit of Men or Angels could have imagined a better way nor given a better expression to settle that which is good and just and prevent all parties and factions and yet leave a sufficient latitude for several orderly ways to attain the chief end section 7 The Judge being known the Judicial Acts of this Judge must be enquired into in the fifth place and these are two the first is binding the second loosing For all Judgment passed upon any person is either against him and that is binding
or for him and that is loosing The former is called binding because it more strictly doth bind him to suffer that punishment to which he was liable upon the Transgression of the Law. There was an Obligation upon him 1. To Obedience 2. Upon Disobedience there follows a Guilt which is an Obligation to Punishment 3. Judgment doth continue this Obligation and makes the Punishment unavoidable The latter is a loosing because upon some condition performed it frees him from the punishment and the bond of guilt Of this binding there be several degrees For as in a Civil Government there be several degrees of punishment according to the several degrees of the offences so it 's in the Church One of the highest punishments and degrees of binding is to make one as an Heathen and a Publican These words are differently understood and expounded Grotius thinks that our Saviour in them did not intend Excommunication Many take it for granted that to be censured and judged an Heathen and Publican is to be cast out of the Church and excommunicated And from these two words Heathen and Publican divers and amongst the rest Quinquecclesiensis and D. Andrews do observe a twofold Excommunication The one is the greater and that is to be as an Heathen the other the less which is to be as a Publican The Heathen was out of the Church the Publican was not The Heathen might not the Publican might come into the Temple the Heathen were strangers to the Common-wealth of the Israel and were Loammi the Publican being a Jew was in the Church but like a scandalous Brother Whether this distinction be here intended or no it 's certain 1. That there are degrees of Ecclesiastical as well as Civil Penalties 2. That by this being as an Heathen and Publican is meant an Ecclesiastical not a civil punishment in matter of Religion 3. Both were deprived of Ecclesiastical Communion In the text If he will not hear the Church let him be to thee as an Heathen and a Publican Three things are to be observed 1. The Penalty and the Execution 2. The Sentence to be Executed 3. The Crime or Cause The Execution is to account him as an Heathen and a Publican which is not to take away his House Lands Goods Civil Liberty Life but to separate from him and have no Communion with him in matter of Religion and Spiritual Society and to testifie their dislike of him by shunning his company 2. The sentence is the judgement of the Church whereupon this Separation and Non-communion is grounded For the Church must judge and pass the sentence before we can have any sufficient warrant for refusal of society 3. The crime or cause must be made evident before the Judge pass Sentence and it is not only the trespass or offence but impenitence manifested to the Ecclesiastical Judge Not to hear the Church is for the guilty Brother not to confess and reform upon the Churches publick admonition This puts him in an immediate capacity of condemnation and punishment But more of Ecclesiastical censures in the second Book section 8 The Ratification of this sentence of the Church which is the sixth thing followeth in these words Whatsoever ye shall bind on earth shall be bound in Heaven c. which are added as Hillary saith well in terrorem metus maximi to strike a terrour into the hearts of all such as shall make themselves liable to the censures of the Church Yet they are not only for terrour but for the sweetest consolation of the penitent absolved by the Church and so also for the encouragement of the Church to proceed in Discipline against the greatest For though she hath not the sword nor any coactive force to imprison fine banish put to death and the prophane and worldly wretches do not fear her censures yet her censures shall be executed from Heaven and be more terrible than any punishments inflicted by sword of civil Sovereigns This Ratification includes two things 1. That when this judgment is once past according to the Rules of Christ the supream Judge doth approve and decree it to be irrecoveverable 2. That he will by a Divine and never failing power execute it so that neither can any appeal or complaint of a nullity make it void nor any contrary strength or force hinder the execution In this respect Hillary saith its Judicium immobile and cannot be reversed Hierom that it s corroborated and cannot be infringed Tertullian that its Prejudicium ultimi judicii and stands good as that ever shall section 9 The means whereby this Ratification is obtained and the manner how it is effected come in the last place to be observed The means is their consent and prayer For if two of them shall agree on earth as touching any thing that they shall ask it shall be done for them by my Father which is in Heaven which words do signifie that they should agree upon the sentence and pass the same with prayer The manner how it comes to pass to be effected is that when two or three of them are gathered together in Christs name he will be in the midst of them ver 20. For it s not to be done in their own name or by their own power but they must assemble and proceed in Christs name and in his name give the definitive sentence According to this Law the Apostle gave direction in Christs name to gather together and with the power of Jesus Christ to deliver the scandalous person to Satan 1 Cor. 5.4 So that Christ will be present with them direct them and assist them and the work shall be more his than theirs section 10 Having 1. Examined two places not pertinent 2. Enlarged upon the words of the Institution I will thirdly confirm the proposition from such places as treat of the exercise of this power 1. These are such as speak of Legislation 2. Of making Officers 3. Of Jurisdiction The first of Legislation and making of Canons concerning matters controverted As for Canons concerning things not controverted we find single Apostles especially Paul and he most of all in his first Epistle to Timothy declaring and delivering them without any other joyned with them The exercise of this Legislative power we find in that famous Synod held at Jerusalem Acts 15. The difference of the interpretations of this text is no less than of the former For some question whether it was a formal Synod having power to bind or only an Assembly for advice Some make it not only a Synod invested with a binding force but judge it to be a most excellent pattern for all Synodical Assemblies in time to come yet these are not certain whether it was general in respect of all Churches then extant But let it be a Synod having a binding force it s doubted how the Canons could bind other Churches who sent no delegates to represent them and Act for them Whether did they bind because it was a general Council in
represented to us either immediately by examination of their knowledge and knowledge of their practise either from our own sight or their expressions mediately by the testimony of others who are judged by us to be credible By this the grosly ignorant and such as trade and constantly live in sin and are obstinate and refuse to be reformed are excluded To these must be added such as are grosly erroneous and blasphemers and such as deny plain and saving truth with divers others For all these may have sufficient knowledge and for their lives may be blameless and for their outward carriage eminently just honest holy But that which makes the Question difficult is the difference between such as never were born in the Church nor baptized nor admitted for Christians and those who have been either born in the Church baptized lived and continued Christians by profession or such as upon their profession and promise when they were at age were baptized and admitted Shall their Birth give them right to Baptism and their Baptism right to Membership and the gross ignorance of them born in the Church and baptized make them no Members or deprive them of their native and baptismal Right Or shall it not But suppose they have some knowledge of Christ and the principles of Christianity and yet be Idolaters Covetous Drunkards Railers Incestuous Persons for one that is called a Brother and a real Member of a particular Church may be such as is evident from 1 Cor. 5.11 12. Besides such a Brother may deny to hear the Church as is implied Mat. 18.17 Yet these may own their Baptism profess their Faith in Christ and utterly renounce all other Religions The Question therefore is Whether these and such like are not Members of a Church Christian If they be not how can the Church censure judge them and cast them out Yet such owning their Baptism and the Faith whereinto they were baptized may be censured and if they will not hear the Church may be cast out These are neither Pagans nor Mahumetans nor unbelieving Jews they will abhor them God will judge them as Christians as being baptized as having heard the Gospel as owning Christ and professing their hope to be saved by him though he will say unto them Depart from me ye workers of iniquity These if cast forth do not cease to be Brethren till they renounce Christianity These associate with Christians frequent Christian Assemblies for Divine Worship and usually are under the Ministry and if there be any External Government by their very Baptism owned are Subjects to the Power of the Keys Many as bad as these and some worse were in the Church of the Jews and yet not Loammi but reckoned amongst the people of God till God took away both his Word and Spirit from them The Nicolaitans and the Disciples of Jezabel were as bad as these yet they were Members of the Churches where they lived how else could they be cast out as Christ commands The Valentinians and many of the Gnosticks were worse than these and yet many of them were in and of some Christian Church visible These must be either without or within except we can find a third place for them as they of the Church of Rome have invented Purgatory for such as were not good enough for Heaven or bad enough for Hell. They as I conceive do far better who inclose them within the pale of the visible Church and seek to reform them then they who place them in the outward Court and leave them amongst the Gentiles It were but reasonable that they who are so pure and strict in their new invented way would declare in proper terms their minimum quod sic and make the same evident out of the Scriptures But this they have not done they seem to us whatsoever they are amongst themselves to be Scepticks section 4 As there is a Controversie about Qualification so there is about Separation Separation presupposeth Union and Communion Ecclesiastical For as in Nature there can be no Separation but of things some ways joyned and united so it is in Government both Civil and Ecclesiastical For there cannot in proper sense be any Separation from the Church but of such as have been in a Church Members of a Christian Community or Subjects of an Ecclesiastical visible Polity This Communion is either with the whole as the party governing or with the Members amongst themselves as fellow-subjects if a Discipline be setled and it is in Doctrine and Profession or in Worship or in Discipline or in some of these or all But the Communion with the Church in general and with God the Father and Jesus Christ the Son is of an higher kind Communion presupposeth this Separation is either passive or active and voluntary Passive is when any is separated either justly or unjustly from a Christian Society and this may be negative or positive Negative is a non-admission after they had been formerly admitted and this may be done upon sufficient reason or without any just and sufficient cause Positive is a plain ejection of such as are in the Church Separation active is that which is voluntary and as the former so this may be just or unjust and may admit of several degrees according as the Union and Communion is For some separation may be total some partial and of partial some may be greater some less The reason why I take occasion to speak of this subject is because these are times of separation and it were good to know what may be justly done what not either in seperating others by non-admission or ejection or in separating our selves And this is a certain rule that all Union and Communion instituted commanded or approved of God ought to be observed and whosoever shall violate this must needs be guilty there can be no just or sufficient cause to do so The Church of England was formerly a true Protestant and Reformed Church and had the same publick Doctrine the same Form of publick Worship the same publick Discipline Yet because the first Reformation was judged imperfect and many Abuses and Corruptions entered in afterward which did alter it for the worst therefore a further and a new Reformation was thought to be at least expedient if not necessary That the first Reformation in respect of Discipline was imperfect is evident first from the book of Common-Prayer in the Rubrick of the Communion which plainly implies that the ancient Discipline was not and it seems could not at that time be restored and till the restoring of it the Commination must be used Yet it was never restored neither did any seem to seek it Again the imperfection thereof appears by that Book made by the Commissioners in the latter end of the Reign of Edward the Sixth which is called Reformatio legum Ecclesiasticarum Yet that though imperfect was never established nor by the Bishops put in practice The latter Abuses Innovasions Superstitions brought in by the Bishops and