head of the Church WE proceed to examine what the Rever Assembly say that Jesus Christ hath instituted this ecclesiasticall â—…sdiction as King and head of his Church Mr. Gillespie one of their body and therefore the best interpreter of their meaning saith in his 2. book chap. 5. that Jesus Christ hath two Kingdoms 1. a generall as he is the eternall Son of God the head of all principalities powers raigning over all creatures 2. a particular Kingdom as he is mediatour raigning over the church only by which church he understandeth a visible church of saints combined in such a body as is the church of Scotland enjoying the ordinances and the discipline of Christ And of this Kingdom he understandeth Matth. 16. v. 28. There be some standing here which shall not taste of death till they see the Son of man coming in his Kingdom So doth Beza against Erastus who with Mr. Gillespie out of those words of Christ my Kingdom is not of this world concludeth two things 1. that the ecclesiasticall government is distinct from the civill or that of the magistrate 2. that that Kingdom is an aggregation of many churches under one presbytery In the 6. chap. of the same book he is very prolix to prove that Jesus Christ as mediatour and head of the Church hath not appointed the magistrate to be his viceregent in the government of the church in the second acception I confesse that the holy Scripture mentioneth two Kingdoms but that both these be visible ones I deny flatly particularly that Jesus Christ is called King and head of the church in reference to the visible congregations of Christians or that by the body of Christ is meant the visible assembly of those that make outward profession of the Christian religion Let us then consider in this Kingdom of Jesus Christ as mediatour the nature of the King and head of his scepter sword power weapons keyes fullnesse that so we may see if all these qualifications yea if any one of these are proper to any visible church particular and nationall Both Rivet and Reynolds in their comments upon the 110. Psalme make this Kingdom wholly spirituall not of this world much lesse seen in this world though known to be in this world It is that Kingdom which is many times mentioned in the Gospell but never once taken for a visible government of men professing outwardly the name of Christ but for the Kingdom of grace and that government which Christ hath over those whom he ruleth by his spirit of adoption The keyes of this Kingdom are the door of utterance in the ministery whereby men have entrance these keyes keep out from coming in those that are without doors but never put out any that are once in and therefore most absurd it is to ground the power of excommunication upon the power of the keyes committed by Jesus Christ to the Apostles if the Kingdom of which Christ speaketh is the Kingdom of heaven or of grace will they say that an excommunicated person is put oâ— of the Kingdom of grace The scepter and sword of this Kingdom is the word of God The weapons are not carnall nor are they used to the putting a man out by excommunication but to the pulling down the strong holds of sin not by tying a man with church-censures but bringing into captivity his imaginations to the obedience of Christ This truth broke through the darknesse of popery and was acknowledged by those that were oppressed by the Popes tyrannie so in the year 1080. the advocate of the Emperour confut 9. saith that the preaching of Gregory the 7. was new since the church had no other sword then that of the spirit which was the word of God This language was acknowledged by the canonists to be in the mouths of the Popes adversaries who yet kept within the communion of Rome never dreaming of a Wicleff or a Luther as can inter 33. quest 3. Ecclesia non habet gladium nisi spiritualem qui non occidit sed vivisificat The law of this Kingdom is not the discipline or censure of the church but the law both of the Gospell and of faith called also the law of the spirit For by the power of that Kingdom described by the holy Ghost in the new Testament and mentioned in 50. places is not in any of them understood the ecclesiasticall power or any such thing as the power of ministers presbyteries synods to make decrees canons to determine authoritatively to suspend excommunicate and absolve but alwayes is meant that power that translateth from darknesse to light and from the power of satan unto God by which we are made sons of God Ioh. 1. v. 12. by which we are enlightened Act. 26. v. 18. and raised unto newnesse of life The fullnesse of that Kingdom is the saving gifts and graces given to the members The head of this Kingdom is Jesus Christ our King Priest and Prophet ruling by his spirit his subjects which are his members offering satisfying and interceding only for them teaching none savingly but them There is no governour or viceregent of this church but the spirit of God working in the heart by the word preached or read and guiding into all truth Though God hath no visible governours of this Kingdom yet he hath externally many subservient instruments and ministers for the advancing of that Kingdom as magistrates by their jurisdiction pastors by their function all godly people by their generall calling and dutie their persecutions afflictions maladies and particularly the ministers of the Gospell are main agents in Gods hands for the building up of that Kingdom What they know they do is the least part of their ministery they themselves being ignorant what and how they work by it in mens hearts Gods chief minister is Christ in the word the power is the efficacious working of the word the keyes are the openings of the heart to the word or rather the openings of the word to the heart and the receiving of the person into the heavenly fellowship This power is not placed in the ministers but the word which though it is delivered by them not only in a way of beseeching and exhorting but also of commanding yet that jurisdiction is only effectuall on those that of unwilling are rendred willing so that it is rather the jurisdiction of the word then of the minister for the ministers operation in the ministery is like to that of the artists in their chymicall operations where they are rather spectators then actors admovendo agentia passivis for nature and fire are the main agents They are like an husbandman in a vintage who maketh not the wine but ordereth it powring it from one vessel to another This being the nature of the Kingdom and church of God of which Christ is the head and King it remaineth to enquire who is the viceregent of God in governing the visible congregations of Christians meeting about the worship of God Properly
magistrate thus the decalogue is as well a law of the magistrate as of God Yea I maintain that a command or law of God hath no force of law in the court of man or in any presbytery synod or assembly whatsoever binding to active or passive obedience except it hath the stamp of magistracy and be published anew by the soveraign magistrate and that no man can be punished legally for robbing and stealing yea not for killing much lesse can he be excommunicated except there be a law of man against robbers and murtherers and that some magistracy impowereth churches or synods to passe a sentence of excommunication 5. This also hath been a great mistake which made many deny a subordination of ecclesiasticall to civil because those that embrace the true religion and live under those that hate them or persecute them endeavour as to have a communion independent from the magistrate so also a jurisdiction 6. Another errour in making the church jurisdiction not subordinate but wholly independent from the magistrate is this assertion easily descending into the minds of those that affect rule and jurisdiction viz. that the end of magistracy is outward peace and quietnesse only and purchasing all means to the attaining of the preservation of temporall life wealth and prosperity having nothing to do with promoting the eternall good and happinesse of the soul But this errour is not only refuted by the very heathens but also by the most learned orthodox Divines both English and others Pareus on the 13. to the Romans dubio 5. saith the end of the magistrate is not only the civil good but also the spirituall good of the subjects that religion may flourish in the church according to the word of God and so Junius Meditat. on the 122. Psalm tom 1. col 721. saith that the magistrate is to procure by divine and humane right the good of the spirituall Kingdom of Christ But Antonius de Dominis lib. 5. de republica ecclesiastica cap. 5. § 1. is very prolix and nervous to prove that he that is invested from God with a power to purchase naturall felicity is also invested with a power to promote the spirituall 7. It is also a great errour to make a coordination of powers seated in the same persons For if it could be imagined that one part of the people were the Church and the other part the Commonwealth they might be also imagined independent one from another thus a society of merchants and a colledge of scholars may be well imagined to be corporations so independent one from the other that none of the society of merchants are part of the colledge and none of the colledge are part of the society But granting that the same persons are members of the society of merchants and of the colledge of scholars the command law discipline of those two corporations as long as they admit the same members must have either a perpetuall conflict and clashing or the command of one corporation must be subordinate to the command of the other or else if they be both coordinate they must also be both equally subordinate to a power set over them both This is the case between the Church and the Commonwealth Granting that the same persons are members of the Commonwealth and of the Church it is not possible to make these two jurisdictions coordinate and yet subsist together in peace love and amity and without one disturbs the other they must joyntly agree to have one power over them or the law injunction and commands of one must be subordinate to the lawes of the other 8. The grandest inconvenience in this coordination of powers and jurisdictions is that the same persons being members of societies under both these powers and submitting to the commands of both shall be in continuall perplexity which to obey if both do not command one thing There is such a communion in mens actions causes relations functions callings commands duties jurisdictions freedoms liberties among those that live under one soveraign power and within the precincts of one jurisdiction that it is impossible that any outward action can be performed in whatever relation a man be considered as husband master father pastor lawyer physitian merchant at home or in church in a synod or in a city or hall except they all are modified ruled and directed by one supreme jurisdiction otherwise the saying of Tacitus would prove true ubi plures imperant nemo obsequitur where there be many coordinate powers there is none found to obey When a magistrate doth command a subject to attend him in the wars this command doth exempt him from the commands and injunctions that may be made to him as he is a son member of a consistory or of a synod or of some other corporation therefore when the King of Scotland in the year 1582. commanded the magistrate of Edenburgh to entertain and feast a French Ambassadour on a set day and the presbytery of Edenburgh to crosse this command had enjoyned a fast upon the same day since both commands could not be obeyed at once by the magistrate of Edenburgh either the magistrates commands must be subordinate to those of the presbytery or the commands of the presbytery must be subordinate to those of the magistrate or else the different commands of both must be subordinate to a third power above both presbytery and magistrate I have brought in my Paraenesis a cloud of witnesses Martyr Musculus Gualterus Iunius Pareus Cassander Hooker Antonius de Dominis proving the necessity that the power called ecclesiasticall should be subordinate to that of the magistrate I will only alledge Musculus in whom we shall see the sense of all the rest loc com de magistratibus The way and nature of government cannot bear that in the same people there be two authentick powers two diverse legislations and dominations except it be by subordination as there is no place for two heads upon one body Learned Dr. Hammond who is neither for Geneva presbytery nor of Erastus opinion nor yet of Musculus Bullingerus Gualterus who made little account of excommunication yet he holds that ecclesiasticall power is subject to the civil magistrate who in all causes over all persons is acknowledged supreme under Christ These be his words in his tract of the power of the keyes p. 87. though by them he overthroweth all power in ministers and Bishops of excommunicating independently from the magistrate which yet he strives to assert against Erastus Mr. Rutherford and Mr. Gillespie think that if it were granted that the magistrate is Christs viceregent it would subvert wholly the grounds upon which ecclesiasticall presbyterian power is built I question whether this concession of Dr. Hammond that the magistrate is the governour of the Church under Christ would not equally unsettle his episcopall excommunication I should in this chapter as I intended at first shew the vanity and nullity of the multitude of divisions and subdivisions of ecclesiasticall
in which he seems to give something to the magistrate but in truth gives nothing however he is sure to raise a dust of distinctions that neither satisfy one nor the other Pag. 259. he alledgeth the 25. article of the confession of the church of Scotland which saith that to Kings Princes rulers and magistrates chiefly and most principally the conservation and the purgation of religion pertaineth so that not only they are appointed for civil policy but also for maintenance of the true religion and for suppressing idolatry and all superstition what soever He who never had heard of a double jurisdiction ecclesiasticall and civil or of a power of excommunicating deposing making lawes and determining so authoritatively about matters of faith and discipline that the magistrate is not to revise their judgements or receive complaints from church-judicatories he who never I say had heard of these positions would never deduct them by any consequence out of the words of the confession of Scotland quoted by Mr. Gillespie for quite contrary they unite all power into one make the magistrate sole governour of churches nationall provinciall and consistoriall and sole judge of heresies canous decrees and church-censures and besides overturn all Mr. Gillespies ground upon which he thinks to have laid very fast the fabrick of his ecclesiasticall jurisdiction independent from the magistrate and lastly reinvest the magistrate with the right and power which Mr. Gillespie hath taken from him when every where he denieth these three things 1. that the magistrate as magistrate intends the glory of Jesus Christ no otherwise then a sea-man or a picture-drawer as such see p. 187. 2. that he is to rule in the name of Christ p. 235. 3. that a magistrate as such is subservient to Christ as mediatour But let us examine by parts the force of the words of the confession of Scotland and how they agree with Mr. Gillespies usuall determinations 1. That article of the confession ascribeth to the magistrate at least an equall jurisdiction over ecclesiasticall persons and things which he hath over civil for they say he is appointed not only for civil policy but also for maintenance of the true religion so that equally he is charged by God to extirpate heresies reform the church and to purge the Commonwealth from seditions abuses crimes c. 2. Yea the article puts a great deal more stresse of duty upon the magistrate to govern the church and maintain and reform the true religion then to rule the Commonwealth besides making the end and ayme of magistrates and magistracy not so much peace and quietnesse as honesty and godlinesse and not so much the glory of his dominions as that of Jesus Christ 3. But how can it be that as the article saith the magistrate should be appointed by God chiefly and principally for maintaining the true religion for purging it from heresies schisme idolatry c. and yet the while he should not rule in the name of Christ nor should be subservient to the Kingdom of Jesus Christ as mediatour as Mr. Gâ—llespie speaketh Can the Lord Iesus appoint officers whose office and place is chiefly and principally to promote the interest of Iesus Christ and yet those officers shall not intend that which chiefly they are to intend and are appointed for namely the glory of Iesus Christ and the advancement of his Kingdom How can the article stand with what he saith p. 187. that magistrates as such do not intend the glory of Iesus Christ otherwise then a sea-man a printer a merchant So that by what he saith the magistrates act towards the promoting and advancing Christs Kingdom hath no more congruity then the act of a physitian building a house which he doth not build as a physitian but as an architect and builder Thus Mr. Gillespie maketh not a magistrate or magistracy but his Christian profession subservient to the interest of Iesus Christ 4. But how can the magistrates principall duty be to purge religion extirpate idolatry and heresy with a power only depending on God except his judgement in discerning what is true religion and what idolatry be as absolute and independent on any judicatory as his power and duty is It God hath placed in the same person or persons both a duty and a power to reforme and purge religion sure he hath not denyed him the main condition required to the discharge of that duty and the exercise of that power and that condition is the duty of a judge whose judgement of a law or sentence whether right or wrong goeth alwayes along with his judicall power so that the magistrate must judge with a judgement of discretion and approbation of the truth the goodnesse equity of any matter propounded to 〈◊〉 by presbyteries and synods before it be law 〈◊〉 decree or judiciall sentence obliging externally men to obedience This language of the article of the confession of Scotland falls sometimes from Mr. Gillespies pen as pag. 187. It lyes upon the magistrate to advance that high and eminent vocation of his that Christ may be glorified as King of the church and p. 191. he saith magistrates are appointed not only for civil policy but for the conservation and purgation of religion But Mr. Gillespie may be well excused if he let fall such passages from his pen pulling down with one hand what he hath set up with the other for Beza a great advocate of ecclesiasticall jurisdiction and by whom it hath taken a great rise will sometimes thus forget himself namely in an epistle of his it is the 83. to a namelesse friend beating down at one blow his ecclesiasticall jurisdiction independent from the magistrate The words are Docet nos igitur Dei verbum c. The word of God teacheth us that it is the duty of magistrates to be even the chief guardians of ecclesiasticall order Therefore their charge is to look and provide that a presbytery rightly constituted according to the word of God do act all things lawfully and when need is to interpose their authority that things well judged and constituted be performed that the ring leaders of disorders be restrained and punished according to their deserts So likewise it is the office of the presbyterie to implore the ayd of the magistrate when needfull and obey him when he rightly admonisheth Certain it is the magistrate is made here sole judge to pronounce when the presbyterie is well constituted and its judgements are right and to interpose his authority as he seeth cause And at the end of the epistle officium magistratus vel hoc praecipuum est ut qui Domino ministrant legitime vocentur rite officio suo fungantur It is even the chief duty of the magistrate that those that minister to the Lord be lawfully called and perform well their office Thus the magistrate is made judge of the lawfullnesse of the call and when ministers discharge their places aright Sure he that hath the power to judge
can have no judicatorie or judgement 2. I never denied the two courts distinctly set down Rom. 13. one is the power of the magistrate to which we are subject for wrath the other that to which we are subject for conscience sake In this latter God hath set up a tribunall wherein the conscience passeth sentence either of condemnation or of absolution The sentences passed in these two courts have no conflict which cannot be said of the sentences passed in presbyteries which many times are opposed and reversed by the magistrate but the magistrates condemning is no hinderance to the conscience from passing a sentence of absolution either for the fact committed or for other sins 3. Neither is the minister a judge whether the condemned person is penitent or no but the conscience of the man is which more properly is the judge that absolveth or condemneth only the minister furnisheth evidences helping the man to plead guilty or not guilty 4. The pastor comforting or rowzing up the prisoner doth discharge the part of a messenger and not the part of a judge in a court for he is no judge of a man who leaveth him to the judgement of another as doth the minister 5. The nature of a court is not to condemn upon supposition that the prisoner knoweth himself guilty but absolutely to condemn that person whom the judge and jury have a particular knowledge to be guilty and such is the nature of the court of conscience when it justifieth only where it knoweth it self clear and condemneth where it is conscious of its guiltinesse But no pastour hath a particular knowledge of any persons evidences for heaven but what he gathereth by outward signes and so all acts of his either of absolution or of condemnation are meerly upon supposition and no acts of a judge and therefore no acts of a court In short both a court of magistrates and a court of conscience in absolving or condemning know what they do but the pastor knoweth not God only knowing it 6. The action of a pastour absolving is no act of court but an act of the same nature with the preaching of the Gospell by which pardon is pronounced to all that truly repent and lay hold on Christ by faith 7. The party arraigned in a true court such is the court of the magistrate and that of conscience is dismissed clear or guilty as the judge of the court shall pronounce but none can be guilty or not guilty and stand or fall as the minister shall verbally pronounce there being here no concurrence of any act of his but that of the spirit in the word by his ministery 8. This arraigned person who is necessitated to under go the sentence of the magistrate either for absolution or condemnation hath no such necessity to go to the church or pastour except he hath personally offended some of them or oweth them mony in which case his reconciliation is no appearance in any court only a brother or a creditour may pardon him his debt or offence that is pray God to forgive him Here there is no footstep of jurisdiction of either party on the other but in case the party arraigned seeks to be reconciled to God none being able to make his peace with God but God himself nor to declare peace but the testimony of his conscience the pastour may help to clear his evidences and so may any godly gifted brother and well read in the Scripture but neither of them properly judgeth him or maketh his peace neither is here any jurisdiction 9. The nature of a court is to have power and jurisdiction over those that are unwilling as Jesus Christ saith to St. Peter Were it free for a thref to appear or not appear before the court and go to prison or to the gellows if he listed such a coure were a name and not a thing but we pastor 〈◊〉 in no court that hath power over the prisoner except he be perswaded to call him or to admit him and be convinced by him for if be let the minister alone the minister â—…th neither power nor court to convene him to 10. What he saith that the magistrate cannot take exceptions that the Consistory absolâ—… whom the magistrate condemneth as if it would not concerne the magistrate to take an account of the fact of the minister in absolving 〈◊〉 prisoner and as if the pastour were not â—…ged to give an account of it to him may be questioned for the magistrate is bound to take â—…re that his prisoner make his peace with God before he die and to use all means towards it to that end he must appoint ministers and if they will not be employed about that work or in case they do it amisse I say he may interpose his power and authority and so say most of the Divines that if the minister do not discharge his place in all its functions and acts that the magistrate ought to enjoyn him to do it And thus far the externall acts of the minister visiting the prisoners and comforting them are subordinate to the jurisdiction of the magistrate 11. What he also saith that the magistrates office doth not extend to the care of souls may likewise be questioned for the contrary is proved by Scripture and the authority of most Fathers and Divines St. Austin against Cresconius lib. 5. cap. 51. saith that Kings are Gods ministers not only in things that pertain to humane society but also to Divine religion Rivetus on the decalogue saith that the â—esser care of the magistrate is the administration of the Common-wealthâ— but the first and chief care is the government of the church How can the magistrates be nursing fathers keâ—…ers of both tables bound to reform settle and preserve the true religion and promote the interest of Jesus Christ as magistrates except they ayme at the saving of souls But though the office of the magistrate should not extend to the care of souls yet this doth not conclude a church-judicature distinct from that of the magistrate for neither doth the magistrate meddle with the physitians office in curing diseases or look to the health of horses and other cattle every office hath its severall care but not its severall jurisdiction 12. This may be also questioned that the Consistory is not to meddle with the sentence of the magistrate for if he cleareth the nocent and condemneth the innocent he hath as much to do with him as with the poorest wretch condemned to die he must tell him as John told Herod it is not lawfull for thee to do that and cry abomination to him There is no action of the magistrate no sentence or judgement of his wherein there is either right or wrong but falls within the cognizance and reprehension of the minister 13. Briefly in the case propounded there is not the least footstep of jurisdiction or court no citing no witnesses no plaintiff no defendant sentence condemnation absolution sergeant gaole executioner all conditions
nemine contradicente Thus the late confession of faith and directory go for currant to be the opinion of the assembly because they were the act of the major part of them albeit many godly and learned men among them had no hand in framing the 30. 31. chapters of the confession In affairs concerning temporall life it may be born with when what hath been voted by the major part of the counsell or Senat goeth for the act of all and this was one of the state-precepts that Philip the II. gave to Margerite Governess of the low-Countrves by the report of Strada 5. In all great differences betwixt nation nation army and army party and party the judges that are appointed to reconcile them must propound conditions by which parties in extremes should come to some accommodation and moderation each side if need be complying and parting with some of his right to prevent a continuance of strife But such a composition cannot be expected in or by a synod for making up differences in religion since each side apprehendeth his opinion to be the truth and would think it a great sin to baulk any part of it or admit an accommodation CHAPTER XVII That the Iewish Church-officers had not a jurisdiction distinct from that of the magistrate Mr. Gillespies distinction that they were not materially but formally distinct examined The argument of Amyraldus that though they had a distinct jurisdiction yet the example of the church of the Iewes is no pattern to the Christian church discussed and proved to be of no validity THis subject touching the identity or diversity of jurisdiction ecclesiasticall and civil among the Jewes well understood will decide the whole controversie which Mr. Gillespie well apprehendeth and therefore perceiving the strength of this plea that good reason it is that the ecclesiasticall power should be distinct or not distinct in the church of the Jewes as well as in that of the Christians since the power of the keyes and of binding and loosing of censuring excommunicating and making lawes authoritatively be the same in both churches and therefore that it cannot be supposed without great inconvenience that the jurisdictions were indistinct amongst the Jewes but distinct amongst the Christians this I say being considered by him makes him withall endeavour to lay hold on that opinion that maketh jurisdictions distinct in the Commonwealth of Israel for this supposition he takes to be the ground-work of the ecclesiasticall jurisdiction But I will not enter far into this matter having in the examen of the 30. chapter of the confession of the Rever Assembly taken off the main objection from Amariah and Zebadiah for I cannot think but Mr. Gillespie hath embraced this opinion for conveniency and more because it is subservient to the fabrick of his book then that it hath any great probability 1. because most of the learned Papists and others even his fellow-presbyters are of another judgement who if they had had never so little shew or likelinesse for a double jurisdiction among the Jewes specially the Papists and with them Amyraldus and others no doubt they would have made as much of this advantage to further their cause as Mr. Gillespie thinketh to prevail with it for himself 2. because Mr. Gillespie when he hath done what he can to assert a double jurisdiction in the church of the Jewes reaps very little benefit by it for he pulls down by his large concessions with one hand what he hath striven to set up with the other For the first it were an endlesse labour to produce the names of the authors that are for Erastus opinion in this particular and for one Constantinus l'Empereur which he pretends to be on his side twenty may be brought of a contrary opinion Not long since discoursing with Manasseh Ben Israel at the house of my noble friend Mr. Sadler about this same subject he told me he could not conceive how this opinion that there was a double jurisdiction among the Jewes was taken up by the Christians and that he held it altogether absurd against Scripture and reason Nothing can be added to what Grotius Selden and Cunaeus have written on this subject Amyraldus in his Theses de spiritu servitutis thes 28. saith that religion and policy were so straightly conjoyned among the Jewes that one being overthrown the other could not stand but must needs fall too and in his book of the government of the church p. 46. he saith the same man did judge Israel as a soveraign magistrate and was also over matters of religion Lud. Capellus parte 3. de ministerii verbi necessitate thes 18 19 c. doth not only conspire with Amyraldus but outgo him in asserting that the 70. judges or elders though lay-men and not of the tribe of Levi were not only to compose controversies and suits in law but also to instruct the people about the worship of God and to teach them the fear of the Lord so far that from the time of Ezra to Jesus Christ any in the synagogues which were known to be gifted might teach read and expound the Scripture which he proves by the example of Jesus Christ Luc. 4. 17. who though unknown was admitted to expound the Scripture and of St. Paul Act. 13. 15. My rever Father is of the same mind namely in the 19. chapter de Monarchia temporali where he saith that neither the Levites nor the chief Priests made use of any other law then that which was common and that they had no ecclesiasticall judges distinct from the civil Iudicious R. Hooker is very expresse for us in his 8. book of ecclesiasticall polity p. 144. Our state is according to the pattern of Gods own ancient elect people which people was not part of them the Commonwealth and part of them the Church of God but the self-same people whole and entire were both under one chief governour on whose supream authority they did all depend I have alledged elsewhere Mr. Lightfoot wholly concurring with Richard Hooker Mr. Herbert Thorndike a judicious writer and much versed in the antiquities of the Jewes is wholly for an identity of jurisdiction among the Jewes In 8. chapter he saith that when Moses was dead a President was chosen over and beside the seventy whom they called the Nasi to be in his stead from age to age as R. Moses writeth Which refuteth what some say that the President of the Sanedrim was alwayes a Priest and sheweth that the chief ruler of the Commonwealth was ruler over persons and causes of all kinds without any distinction of civil and ecclesiasticall In the 9. chapter we have these words The Sanedrim consisted of the chief of that people as well as of the Priests and Levites because the chief causes of that Commonwealth as well as of religion passed through their hands Tostatus a great Papist and writer upon Matth. 16. v. 19. will tell us the opinion of his party In the old Testament a
I humbly conceive that Gods work which is also your work in settling religion is half done to your hands For all jurisdiction now streaming from one jurisdiction even from that of the Soveraign Magistrate that religion cannot chuse but be well settled which retaining soundnesse in doctrine and holinesse in life is harboured under such a church-government as hath no clashing with that of the Magistrate Such as I humbly conceive may be established by setting up Overseers and Bishops over Ministers and Churches with whom if the right of private Churches can but stand be kept inviolable as no doubt but it may no government can be imagined more preserving conformity in doctrine and discipline besides banishing all jurisdiction which steps between magistracy the inward jurisdiction of the spirit of God in the word over mens minds hearts and thereby making all the church-judicatory power more naturally flowing from and depending upon the Magistrate and easing him by this compendious way of inspection by a few good mens eyes who may have a particular oversight of the affairs of the Church And thus by such a tempered government the four parties namely the Episcopall the Erastian the brethren of the Presbytery and of the Congregationall way will have a ground for reconciliation obtain with some condescension what every one of them desireth The Lord make you his instruments to make up all breaches among brethren and to bring to passe what hitherto hath been rather desired then effected 〈◊〉 settling the reformed Protestant religion in the purest way of reformation and commending your modell and labours therein to other Churches abroad that as the English Nation for purity of doctrine power of godliness hospitality and bowels of mercy toward strangers the persecuted members of Christ hath hitherto gone beyond all the world so you may be instruments to preserve those blessed priviledges by further promoting the interest of Iesus Christ particularly by clearing and removing the mistakes and misunderstandings from many of our brethren beyond the seas who by the suggestions and false informations of some enemies to the people of God in this Island or of friends to Popery superstition and formality are as ready to misapprehend the wayes of God amongst us as these are to slaunder them and to join with them in giving credit that with the English hierarchy and liturgy all religion and fear of God is banished out of this Nation where there is neither Episcopall nor Presbyteriall ordination no uniformity of discipline yea no discipline at all no catechizing enjoined or performed no Creed no Decalogue no Lords prayer rehearsed in Churches nor any Scripture publickly read to the people nor the Sacrament of the Eucharist constantly administred thus cloathing what truth there may be in all these with the cloak of rash and uncharitable construction as others do cloth it with the cloak of malice and lying I doubt not but that by your piety and wisdom as you will stop the mouth of slaunder so you will give no occasion to the Reformed and Godly to conceive amiss of your godly proceedings A TABLE Of the CONTENTS Chap. I. OF the nature of power authority That there are but two ways to bring men to yield obedience either by a coactive power or by perswading them by advice and counsell That there is no medium betwixt command and counsell which sheweth that Ecclesiasticall jurisdiction is a name without a thing not being exercised by either of them The division of power and of the subordination and coordination of powers Many errours and mistakes are discovered about subordination and coordination of powers That the power called Ecclesiasticall doth signifie nothing and such as it is is subordinate to that of the Magistrate Fol. 1 Chap. II. Of the nature and division of right divine and humane In vain do they call things of divine positive right which are acted by a naturall right such are many church acts Things that are of divine right may be said to be of humane right and on the contrary those things that are of humane right may be said to be of divine right which is an argument that by right power cannot be divided betwixt clergy and laity 25 Chap. III. The nature matter form and author of law The canons and sentences of Church-judicatories have no force of law except they receive it from the sanction of the magistrate The defects in the division of laws into Divine and humane into morall ceremoniall and politick and into Ecclesiasticall and civil 34 Chap. IV. Of the nature of judgement what judgement every private man hath what the magistrate and what ministers synods and church-judicatories They have no definitive judgement as Mr. Rutherfurd asserts but the magistrate hath the greatest share in definitive judgements which is proved by some passages of Mr. Rutherfurd and of Pareus and Rivetus Who is the judge of controversies 44 Chap. V. An examination of the 30. chapter of the confession of faith made by the Rever Assembly of Divines That in their Assembly they assumed no jurisdiction nor had any delegâ—…d to them from the magistrate and therefore were not to attribute it to their brethren That the ecclesiasticall jurisdiction is the same with the magistrates jurisdiction Mr. Gillespies reasons examined 53 Chap. VI. Whether Iesus Christ hath appointed a jurisdiction called ecclesiasticall as King and head of his Church Of the nature of the Kingdom of God In what sense the magistrate is head of the Church 65 Chap. VII The strength of Mr. Gillespies reasons to disprove that the magistrate is not chief governour of the church under Christ examined 76 Chap. VIII Mr. Gillespies manifest contradictions in stating the magistrates power in matters of Religion 83 Chap. IX The concessions of Mr. Gillespie which come to nothing by the multitude of his evasions and distinctions The vanity and nullity of his and other mens divisions and distinctions of power Martyr Musculus Gualterus alledged against the naming of a power ecclesiasticall when it is in truth the magistrates power The positions of Maccovius about the power of the magistrate in sacred things not hitherto answered by any 91 Chap. X. Whether the Lord Iesus Christ hath appointed as the Rever Assembly saith officers in government distinct from the magistrate The strength of the place 2 Chron. 19. by them alledged examined That the elders in that place are not church-officers An answer to Mr. Gillespies arguments endeavouring to prove that Iosaphat appointed two courts one ecclesiasticall another civil 108 Chap. XI A case propounded by Mr. Cesar Calandrin which he conceiveth to assert a double jurisdiction examined Of the two courts one of magistracy or externall the other of conscience or internall That ecclesiasticall jurisdiction must belong to one of them or to none 119 Chap. XII Of the nature of calling to the ministery Ministers are not called by men but by God by a succession not of ordination but providence The plea
for succession is Romanish Ministers are no successours in their ministery to the Iudaicall Priests but to the Prophets 133 Chap. XIII The nature of the ministers power and of that of binding and loosing the power of the keyes Amyraldus and Mr. Lightfoots judicious exposition of the power of binding and loosing The power of governing and ruling is not the ecclesiasticall contended for Mr. Gillespies arguments answered 142 Chap. XIV That the power of the keyes and of binding and loosing are not committed to all church-officers but to the ministers of the Gospell only 155 Chap. XV. That God hath not given to the church-officers of the Gospell a certain platform of government and that it is arbitrary and of humane institution and therefore not to be administred by a power distinct from the humane 161 Chap. XVI The 31. chapter of the confession made by the Rever Assembly examined The use of synods Two things are humbly represented first that for a re-union of jurisdictions over all persons and in all causes a convocation made up of ministers only be re-established during the sitting of Parliament the second is that ministers may be put into the same capacity as all other ranks of free-born people to sit and vote in Parliaments Of the power of synods and that of the magistrate in calling of them The synod of the Apostles was extraordinary not exemplary The exception of the brethren of Scotland against the 2. article of the 31. chapter of the confession examined The uses and abuses of synods that they are not the way to compose differences in matters of religion if their canons are beyond counsells and advices 166 Chap. XVII That the Iewish Church-officers had not a jurisdiction distinct from that of the magistrate Mr. Gillespies distinction that they were not materially but formally distinct examined The argument of Amyraldus that though they had a distinct jurisdiction yet the example of the church of the Iewes is no pattern to the Christian church discussed and proved to be of no validity 192 Chap. XVIII The cause of mistakes in stating the nature of the church and calling that the true church which is not Three acceptions of the word Church in holy writ The meaning of the word Church Matth. 18. v. 17. 206 Chap. XIX That a particular assembly of Christians meeting in one place about the worship of God is the only true visible church mentioned in Scripture That that church considered as an assembly of Christians bringeth forth other kinds of acts then it doth considered as a society of men by which the nature and extent of the power of a private church is made clear and evident 213 Chap. XX. That the power attributed to private churches by the reverend dissenting brethren doth very well accord with the power of magistracy in matters of religion as it is held by Erastus Bullingerus Musculus Grotius Mr. Selden and Mr. Coleman This same is proved by reason and by the testimony of Mr. Burroughs writing the sense of all his brethren as also by the practise of the churches in New-England 222 Chap. XXI That a church made up of many particular churches under one presbytery invested with a judiciall power over them is not of the institution of Christ 234 Chap. XXII That the greatest opposers of the dissenting brethren namely Salmasius Amyraldus and others have laid down the same grounds for the right and power of particular churches and so confuted rather their own fancies then invalidated the tenets of the brethren The question whether Rome be a true church briefly resolved That Amesius and Iohn Mestrezat late minister of Paris in their writings have held the power of private churches to be independent from any church-judicatory 242 Chap. XXIII The consistency of the right and power of private churches with the magistrates power in ordering publick worship proved by the example of the Iewes that they had through all the land particular convocations synagogues or churches called also colledges or schools where the Prophets and sons of the Prophets taught especially on the sabbath-day that they were independent from any church-judicatory How synagogues were altered from their first institution and that being converted into Christian churches they retained the same right power and way of government 251 Chap. XXIV That the Christian churches under heathens were governed by a confederate discipline or a power of magistracy as the synagogues were appointing men which Ambrose calls elders to decide such matters as otherwise were to come under the magistrates cognizance This practise is grounded upon 1 Cor. 6. v. 1 2 c. and confirmed by Origen Iustin Martyr Ambrose and Mr. Lightfoot That the power of these elders continued still under Christian Emperours with some alteration they erecting in lieu of them Episcopall courts That all church-power was the Emperours power That the very heathen magistrates knew no other but that all power was annexed to them 267 Chap. XXV That ecclesiasticall jurisdiction as it is held by the Romish church better agreeth with reason and the letter of the Scripture then that of the presbyterian brethren That some Romanists have ascribed more power to the magistrate in sacred things then the presbyterian brethren 287 Chap. XXVI The description of excommunication in terms received by most of our opposites though otherwise variously defined by them That for four thousand years no such excommunication was in use either among the heathens or the Iewes An answer to some objections That the legall uncleannesse was no type of the morall That the Priests judging of the leprosy is no plea for excommunication nor for ecclesiasticall jurisdiction 298 Chap. XXVII That neither in the time of Ezra such an excommunication began That the casting out of the synagogue did not answer that excommunication That there is no ground for it nor practise of it in the new Testament 307 Chap. XXVIII That the whole context Matth. 18. v. 15 16 17 and 18. maketh nothing for excommunication neither Iudas non-admission if granted to the Eucharist nor the delivering of the incestuous person to Satan nor yet the self-examination required 1 Cor. 11. 316 Chap. XXIX That excommunication is contrary to common sense and reason 326 Chap. XXX That excommunication was mainly subservient to the working of the mystery of iniquity That the corrupting of the doctrine of the Eucharist made way for excommunication 337 Chap. XXXI The History of excommunication from the first reformation from Popery how it was received in Geneva but not settled without disputes and clashings betwixt the consistory and the magistrate 342 Chap. XXXII A continuation of the History of excommunication in France the Low-Countreys Scotland the Palatinate How it came to pass that amongst reformed states the Scottish ecclesiasticall jurisdiction ascended to such a height What plea the reformed churches in France have for excommunication That it is more justifiable among them then in churches under an orthodox magistrate 353 Chap. XXXIII The judgement of some
Divines yet living both of the argument in hand and of the writings of the Author Of some mens strong prejudices against and harsh censures of him 369 The PREFACE I Intend here by way of Preface to give a brief account how I came to write of this subject Having a little before the beginning of the long Parliament in the year 1639. written a piece in Latin against the corrupted party of the English Hierarchy who made as near approaches as they could towards Popery and being a little while after engaged in that quarrell it so fell out that this corrupt party being soon foiled by the great torrent of opposition they met withall their opposers themselves who were very numerous did soon divide into parts and factions dissenting from one another particularly about church-way and discipline which afforded me new matter to study on which I did being indifferently affected towards the four kinds of opinions held in the reverend assembly of Divines viz. of Episcopacy moderated Presbytery Independency and Erastianisme and for many years together not giving my approbation more to one of them then to the rest before such time as I should be well resolved in the controversy I pittyed for a long time the preposterous endeavours of each party tending to make the rent wider while they sought rather the victory then the truth brother became eager against brother branding each other with schisme and heresy their principles so far dividing them asunder that partners in the same martyrdome and who had lost their ears together were soon together by the ears and Mr. Edwards by name in shewing rather his spleen then his zeal and Dr. Bastwick who stiled himself the Captain of the presbyterian army did but powre oyle upon the fire of dissention in stead of quenching it as likewise did our brethren the Scots when they wound up their string of ecclesiasticall jurisdiction to such an height that it was ready to break and ranked the Erastians in the list of abominable hereticks pointing therein particularly at poor and mild Mr. Coleman walking almost alone in a melancholy posture and who would not give rayling for rayling but mildly intreated all the brethren that dissented from him specially the presbyterians to give a satisfactory answer to the queries of the Parliament touching a jurisdiction and government of the church distinct from that of the magistrate and to shew in Scripture a place parallel to Matth. 18. v. 17. where by the word Church is meant either the ministers or a presbyterian consistory besides to find out in Scripture the name and thing of excommunication or that it is as well though not as much a soul-saving ordinance as preaching of the word and the administration of the Sacraments as the reverend presbyterian ministers would fain have perswaded him in their reasons against the dissenting brethren p. 63. At length being well satisfied that truth seldome lyes on the multitudes side as I did much pitty Mr. Coleman so did I fall to study him and thought it but reasonable ere I should join with the generall clamour against him to hear what he could say for himself And indeed his still voice did more work upon me then all the thundring voices of his opposites So then being convinced by him about eight years since I put forth in print a tract in English the drift whereof was only to assert the power of the magistrate in matters of religion which subject being but an answer to a letter I handled cursorily and superficially And while I was upon that work I was much in charity as I expresse in some passages of that tract with the churches of the congregationall-way no lesse cried out upon then Mr. Coleman both here and beyond seas specially in France where namely at Charenton near Paris a nationall synod condemned them by an authentick act yet then I had no such thought as to conceive or imagine that the power and right of private churches or congregations could agree well with the power of the magistrate in matters of religion But soon after the publishing of this English tract my uncle Dr. Andrew Rivet whose memory is very precious to me and to all the Churches of God sent me a Latin manuscript made by a Divine in France wherein he endeavoured the confuting of my English book and besides did much taxe me for favouring the congregationall way so much spoken-against amongst the reformed churches in France and expressely condemned by a nationall synod of theirs About the same time came Amyraldus forth in print as full of bitternesse and invectives against them as Mr. Edwards in his Gangrena Both which books I mean Amyraldus and that which Dr. Rivet sent me were the cause occasion and subject of writing my Paraenesis in Latin In writing of which I was insensibly carried to conceive and propound wayes of accommodation betwixt the brethren of the congregationall way and the assertors of that measure of power in sacred things allotted to the magistrate by Musculus Bullinger Gualterus and Erastus nothing doubting but that by these propositions of reconciliation and accommodation I have given with a very little yielding on both sides the true way and notion of settling in such a nation as this where the soveraign magistrate is orthodox might be made out and the Christian reformed religion worship established with more peace truth and holinesse of life then they were ever hitherto since the times of the Apostles These notions suting more to the purpose and interest of the English climat nation ought to have been then rather put in English then Latin but that I mistrusted my own abilities to appear in publick in any other tongue then Latin or French and that I had a great mind first to disabuse other nations particularly my own countreymen who were possessed with strange prejudices against the godly party of this nation as well presbyterians as others by the false suggestions and informations of Amyraldus so far that some have expressed to me by letters how much they bewailed the lamentable condition of England where all religion and fear of God was well-near quite extinct where there was no church-discipline no excommunication no synods no ordination no lay-elders no Lords prayer or ten commandements rehersed and no Sacrament of the Lords supper administred Now this present tract coming after the other and being otherwise digested and framed and those controversies that concern England being chiefly handled therein and all brought within a narrower compasse I do not despair but that my present designe will be excused though I come short of giving satisfaction to all parties I honour equally the persons learning and piety of those that I assent to and dissent from no lesse respecting the memory of Mr. Gillespie an eminent man for wit piety learning and soundnesse of faith but very erroneous in what he stiffely maintaineth in his Aarons Rod then that of Mr. Coleman or of any of Gods Ministers now with the
probatum est to them all controversie will be ended and the power in the hands of church-officers will be no longer distinct from that of the magistrate and all presbyterian jurisdiction of excommunicating deposing and making lawes authoritatively will be taken away So that if we give credit to Mr. Rutherfurd all acts sentences and excommunications pronounced by synods and presbyteries are no further valide then as they are conceived by the magistrates and private men agreeable with the word The other passage of Mr. Rutherfurd doth no lesse pull down the definitive judgement of ministers and by it all presbyterian jurisdiction p. 577. As the church is to approve and command the just sentence of the civill judge in punishing ill doers but only conditionally so far as it is just so is the magistrate obliged to follow ratifie and with his civil sanction confirm the sound constitutions of the church but conditionally not absolutely and blindly but only so far as they agree with the word of God Studying brevity I am loth to load the reader with authorities out of most eminent divines Zanchius Martyr Iunius Pareus Camero Rivetus and others all jointly proving 1. that all the judgements and sentences of synods church-judicatories presbyteries are mere counsels advices and no lawes obliging to obedience or to assent except they receive the ultimate sanction from the magistrate 2. that the magistrate ought not to take the ministers or synods judgement barely because it comes from them but follow his own judgement I will alledge but one or two out of Pareus and one out of Rivetus That of Pareus is on the 13. Rom. All faithfull even private men ought to judge of faith and of religion not only with an apprehensive judgement that by it they may understand the true religion but also with a judgement of discretion that they may distinguish the true from the false hold to one and reject the other much more ought the Christian magistrate to judge of the religion not only apprehensively and discretively but also definitively Here we have a definitive judgement proper to magistrates as well as to ministers and church-judicatories In the same place A Prince ought to defend the true religion suppresse the false banish blasphemies and heresies he ought then to know of all these singly and by his office judge of them for if he were only to draw the sword at the beck of the priests without knowledge and judgement and without making any question whether the judgements of the pastors are right or no what would he be but a sergeant and an executioner as the Iewes made of Pilate saving to him If he had not been a malefactour we would not have delivered him to thee Rivet on the decalogue hath these words We joyn those two together that the magistrate should not only act by others prejudice but also by his own judgement not that he should trust so much to his but also let ministers of the Gospell have their parts not relying on his fancy but being counselled by the pastors of churches calling synods and there hearing godly and learned men discoursing out of the word of God of controversies of religion and of articles of faith then what he hath himself approved of to be the truth let him embrace it and spread it There he maketh no more of synods then a Prince of his state-counsellors or a sick man of his physitians whose judgements they take for counsells and advices and not for definitive sentences And so speaketh Maresius Coll. Theol. loc 16. thes 77. Ministers of churches do not so much represent judges in a senat as prudent doctors and learned gathered to give counsell and their result is like the advice of physitians about the health of the body By what I have said of judgement and alledged out of Mr. Rutherfurd that question so much debated betwixt the Romanists and the Protestants who is the judge of controversies in matters of faith is easily decided for doubtlesse the ministers of the Gospell have by their education function and ministeriall duty that publick judgement to declare either in churches or synods what by the judgement of discretion they conceive to be the mind and the ordinance of Christ but this judgement inforceth and obligeth no man to assent to it except they also by their private judgement of discretion apprehend it to be such So ought neither magistrates nor the power of magistracy seated in churches to command or enjoyn it as a law to be obeyed or a doctrine to be believed except apprehended by the judgement of discretion to be the mind or an ordinance of Christ Ministers in divinity physitians in physick each professour of art in his art not only because they are more versed in that thing they professe but also ex officio have a judgement that carrieth and giveth more authority but it being fallible and therefore subject to the revisall of others whether magistrates or subjects and not attended with command obliging to obedience either active or passive it is only authentick to them that are perswaded and convinced to yield to it CHAPTER V. An examination of the 30. chapter of the confession of faith made by the Rever Assembly of Divines That in their Assembly they assumed no jurisdiction nor had any delegated to them from the magistrate and therefore were not to attribute it to their brethren That the ecclesiasticall jurisdiction is the same with the magistrates jurisdiction Mr. Gillespies reasons examined THe reverend Assembly of Divines in the 30. and 31. chapters of their Confession of Faith are strong assertors of a double jurisdiction Before I come to examine what they say and their proofs alledged in the margent I would be well understood that I do not quarrell against the spirituall jurisdiction over the inward man in the ministery when a minister doth command from Christ and the people yields obedience being once inlightened and convinced all is done on both parts willingly and not by constraint the weapons of that jurisdiction are not carnall and yet very mighty not by putting away by excommunication but by pulling down the strong holds of sin and bringing into captivity every thought to the obedience of Christ 2. Cor. 10. v. 4. 5. The Lord Iesus Christ say they sect 1. as King and head of his Church hath therein appointed a government in the hands of Church-officers distinct from the civil magistrate It may be the Rev. Assembly do only intend to adjudge jurisdiction to other church-assemblies and synods and none to themselves for these reasons 1. They were bound by their charter by which they were called not to exercise any jurisdiction and authority ecclesiasticall whatsoever or any other power for these be the words of the ordinance and besides are en joyned not to assume any authority but to advise and give counsell upon such things as shall be propounded to them and to deliver their opinions and advices 2. And the same they did
the magistrate is not head of the church more then of other societies for as the callings of a physitian merchant smith sea-man so of a Christian as Christian and church-member are not subordinate to magistracy but only under the notion of and as they are members of families societies corporations and commonwealths in all which magistracy is virtually and eminently resident in regard that no society of men can be imagined to be governed either without a power delegate from the magistrate or without assuming magistracy within it self In that sense the magistrate may be said for these three or four reasons to be head of a visible nationall church 1. Because the matter manner and extent of the power exercised by that church being wholly the same with that of the magistrate it is needlesse to make of one power two and therefore the magistrate being the supreme governour in the managing of that power exercised alike in all kinds of societies within his dominion he may very properly be the supreme governour as well of churches as of all other societies 2. The magistrate may be said to be head of the visible church because there is no man of what place function calling dignity so ever he be that in an externall visible way can so much promote the interest of Jesus Christ and the building up of his Kingdom as the supreme magistrate not so much considered as Christian but as magistrate and by vertue of his magistracy None doth doubt but that one single woman namely Queen Elizabeth being a magistrate did contribute more for establishing and spreading the Gospell of Christ in England then all the godly ministers put together in the dayes of Queen Mary Let but one single magistrate countenance religion this will avail more then thousands of Greenhams or Bradfords under a magistrate of a contrary religion Sure where God hath given more ability and power to do good he also hath placed there more right duty to promote that good I think there was more stresse of duty laid upon Queen Elizabeth to advance Christs Kingdom in England then on 100. Bradfords Latimers and Ridleys in Queen Maries dayes A 3. ground may be added why the sovereign magistrate may be called the head of the church and which is much pressed by Reynolds Martyr Musculus Bullingerus Gualterus Zanchius Pareus is because all the decisions of ministers about matters of faith or discipline are but mere counsels advices and directions not binding externally that is actively or passively any church society or corporation except they receive a sanction from the magistrate and besides that these sanctions are not to be made by him caeco judicio with a blind judgement standing to their determination without examination and doing as much as those of Beroea who ere they believed St. Paul searched the Scriptures to know whether it was so as he preached As no obedience is to be rendred by any person society or corporation without they duly weigh in their judgement of discretion whether the command be just or no so a command is not to be made by the person whose duty and part it is to command untill he first understandeth and apprehendeth by his judgement of discretion the thing to be a good and a fitting rule of obedience So that since presbyteries and â—ynods cannot enforce obligation of obedience to their declarations and decisions without the injunction and command of the magistrate since also he is not to enjoin or command any thing repugnant to his own judgement it doth consequently follow that good reason it is that he who last is to judge and command any thing propounded and debated in whatever assembly of men should be stiled the sovereign judge head ruler and governour of those things that are solely in his own power Fourthly he may be said to be head of the church because of three main duties which are annexed to his office of magistracy which comprehend what is requisite for life godlinesse and happinesse The 1. is provisio mediorum conducentium ad finem optimum provision of the means conducing to the best end 2. remotio impedientium the removing of hinderances 3. actualis directio in illum finem an actuall direction ordering things to that end These 3. conditions Javellus a Romish Bishop layes down to assert the soveraign power of the magistrate in judging providing ordering and removing in order to obtaining the best end which he saith is the main felicity of man Lastly he may be well called head of the church that receiveth appeals from all church-judicatories and disannuls or ratifies their judgements and sentences But Mr. Rutherfurd denieth those acts to be appeals being not in eadem serie from a lower ecclesiasticall court to a superiour ecclesiasticall court and saith that from an ecclesiasticall court to a civil as to the magistrate there is no appeal but a removall by a declinator a complaint a refuge But we having proved that synods presbyteries c. have no jurisdiction but what they have from the magistrate therefore all appeals from a church-judicatorie to the magistrate are but from an inseriour court of the magistrate to a superiour of the same magistrate Rivet on the decalogue had not learned such squibs of distinctions betwixt appeals and refuges complaints and declinators for by any means he would have men to appeal to the magistrate from church-sentences Ministers as ministers are the subjects of the soveraign magistrate and why may it not be lawfull for subjects to appeal from the judgements of subjects to the supreme magistrate and why may it not be lawfull to the supreme magistrate to review the judgements of his subjects to ratifie them if they be good and abolish them if they be bad For call those removals what you will so that the thing be still the same for he that from an unjust sentence of a church-judicatorie hath his recourse to the magistrate both declines the sentence of that court appeals to a higher court and makes his complaint to him that can redresse him help him and disannull the first sentence I confesse if a man be condemned in England he may have his refuge to some neighbour Prince but this Prince can but protect him from the execution of the sentence against him but cannot disannull the sentence against him nor restore him in statu quo prius Such are the examples of Chrysostomus Flavianus and Athanasius which are to no purpose for they repaired to the Bishop of Rome desiring indeed to be judged by him but they did not look upon him as their superiour that could relieve them and quash the sentence against them they repaired to him only as to a mediatour and intercessour Authorities should now make good what I have proved to be consonant to reason such as might be brought out of the best reformers as Martyr Reynolds Pareus Chamier who make no other supreme visible governour of the church then the soveraign magistrate but I will
not trouble the reader with many quotations Yet to shew that this is no new doctrine I might produce some famous Romish authors who thought no lesse in the darkest times of ignorance for so Claude Fauchet hath left written a famous Historian and a Papist in his book of the liberties of the Gallicane church who out of Gregorie of Tours and the practise of his time proveth that the Kings of France were reputed heads of the church a title which many 100. years after was much found fault with in the Kings of England by the Romanists yea by some reformers He concludes his discourse thus which sheweth that the Bishops of that time did hold the King assisted by his counsell of State to be under God head on earth of the church in his Kingdom and not the Pope whom if they had looked on as the head they would have sent unto him the conclusion of the councill of Orleans and not to King Clovis So speaketh the author of the Review of the councill of Trent lib. 6. cap. 5. The ecclesiasticks in France do not hold their ecclesiastick jurisdiction from the Pope but from the King though the Iesuits teach otherwise CHAPTER VII The strength of Mr. Gillespies reasons to disprove that the magistrate is not chief governour of the church under Christ examined ALl that I have said doth sufficiently overthrow what Mr. Gillespie alledgeth for a double jurisdiction and against the magistrates being the chief governour of the church under Christ To make good that in a hundred places he doth much under value the magistrates power in sacred things namely p. 187. that the magistrate though Christian and godly doth not exnatura rei and in regard of his particular vocation intend the glory of Iesus Christ as mediator and King of the church In the next page The glory of Iesus Christ as mediatour and King of the church is not the end of magistracy And in the same page he saith that the end of magistracy is not godlinesse honesty but peace and quietnesse Pag. 235. he saith the magistrate is not to rule in the name of Christ Pag. 250. he saith the magistrate of England is not a member of the church as a magistrate but as a Christian In the 294. page the civil magistrate is Gods viceregent not Christs and ibid. If the magistrate be supreme head and governour of the church under Christ then the ministers of the church are the magistrates ministers as well as Christs and must act in the magistrates name and as subordinate to him and the magistrate shall be Christs minister and act in Christs name By all this he declareth his opinion more then he proveth it But to elude whatever strength this carries I further adde that God maketh use of two main instruments to promote and advance the Kingdom of Christ as mediatour 1. The first is the sacred function wholly set a part by God to preach the glad tidings of God reconciled to the world which function was first laid on Christ and then on the Apostles and the ministers of the Gospell who are embassadors and messengers of from Christ In this function there is no jurisdiction annexed but what the spirit in the word hath upon mens hearts for their conviction and conversion In the exercise of this function there is no law made by him that bears it but the law of the spirit no censure inflicted but on such as either willingly and not by constraint undergo it and chose whether they will or no or when it pleaseth God in judgement to afflict the despisers of Gods ministers ordinances This function I grant is not exercised in the magistrates name but Christs nor is it subordinate to him 2. The second thing servient if I may so speak and subservient to the promoting of the Kingdom of Christ is the magistrate and magistracy in as much as which I said before it cannot be that ministers and people assemble synods be called an outward government settled lawes published good men rewarded bad men punished heresies and hereticks rejected ministers maintained union preserved except ministers people synods be invested with a power of magistrate and magistracy These two as I suppose being undeniably true all Mr. Gillespies assertions above-mentioned will be found built upon the sand The magistrate having not the sacred function on him is no minister nor ambassadour of and from Christ neither doth the inward operative jurisdiction annexed to the sacred function arise from magistracy ex natura rei In that regard the minister preaching the Gospell and exercising his pastorall function is not the magistrates minister but Christs But as magistracy is the second necessary instrument which God employeth to promote the Kingdom of his Son in the world and for as much as it cannot be so much as imagined that magistracy is inherent in all pastors and assemblies of churches and synods no doubt but the ministers in that consideration may be called the magistrates ministers as both in the same respect are Christs ministers If Christs Kingdom cannot be nor ever was promoted without magistracy actually present and acting then the magistrate is a main minister of Christ in those acts Reverend and learned Mr. Lightfoot in his Harmony of the New Testament upon the 1 Cor. 5. clearly evinceth that church-officers cannot be so much as conceived to govern the churches without magistracy either assumed or delegated for having told us that every synagogue of the Jewes had magistracy within their own body judging betwixt party and party in matters of money Health damage yea inflicting corporall punishments he addeth all things well considered it may not be so monstrons as it seems to some to say it might very well be so in those times of Christian congregations for since as it might be shewed Christ and his Apostles in platforming the modell of Christian churches in those times did keep very close to the platform of synagogues and since the Romans in those times made no difference betwixt Iewes Iudaizing and Iewes that were turned Christians for as yet there was no persecution raised against Christianity why might not Christian congregations have and exercise their double function of ministry and magistracy in them as well as the Iewish synagogues and if that much controverted place 1 Tim. 5. 17. should be interpreted according to such a rule it were neither irrationall nor improbable Here by the way one may see that in synagogues there were severall functions but one Imperium and jurisdiction which was that of magistracy 2. that the churches of Christians were modelled according to Iewish synagogues 3. that every church had both ministery and magistracy By this likewise down goeth what he saith that the magistrate though Christian and godly doth not in regard of his particular vocation intend the glory of Jesus Christ as mediatour and King of the church The main end as well as duty of magistracy is the care of religion and so of
sit what matter they must handle may not the lay-man then interpose as in a businesse of his classis may not also ecclesiasticall persons do the like Besides 100. constitutions may be found of such a mixt nature that it is not yet resolved what classis they pertain unto whether ecclesiasticall or civil such are the lawes about wills marriages tithes tenths usury collections for the poor appointing of dayes for fasting or thanksgiving lawes for pious uses and the like Will this expedient serve to resolve the conscience viz. if such an assembly of mixt persons and causes be named neither a councell or synod nor a civil judicatory but an assembly or some other name participating of the nature of both as if names could alter the nature of the thing and satisfy the conscience In short I believe the reverend assembly both wrong themselves and no way satisfy mens minds and consciences in not stating what is ecclesiasticall what is not and how far this or that man may meddle in ecclesiasticall and civil matters what name is to be given to this or that assembly I am crowded with matter that were worth deciding about synods which argument I handled largely in the 22. and 23. chapters of my Paraenesis The power of synods is decisive directive and declarative they decide by way of discussion and disputation they direct by way of counsell and they declare their opinions as expert and well known and read in the thing that is in question Coercive and judiciall power they have none but what is delegated from the magistrate or from private churches so that though the authority of a synod is greater then that of a private church yet the power of that church is greater then that of a synod If there be an union of churches as there ought to be even under an orthodox magistrate all canons and decrees are no otherwise binding as laws then as they have the stamp of magistracy upon them Supremi magistratus approbatio est supremum arrestum ut loquuntur saith Festus Hommius disp 18. thes 4 and disp 17. thes 3. the approbation of the magistrate is the supreme decree And not only reformers but also some Romanists namely the authour of the Review of the councill of Trent a learned book and which the learned Dr. Langbane thought his pains worthy in his youth to turn into English Lib. 3. cap. 13. the Emperour as is commonly known the Monarch of churches is president to the synodall sentences gives them force composeth ecclesiasticall orders giveth law life and policy to those that serve at the altar Is it credible that a Romanist should be of a more sincere judgement in this matter then a reformed Christian such as Mr. Gillespie Those that are for a judiciall power of synods over churches do alledge the synod of the Apostles which being infallible is no example to us no more then the miracles of Christ and the Apostles argue that ordinary ministers must work miracles When private churches can be sure that a synod in these dayes is led by such a spirit of infallibility they may yield to it without disputing yet not without examining as did those of Beroea who tryed the Sermon of St. Paul whether it was agreeable to other scriptures and were there now a synod made up of 40. or 50. men like Peter and Paul a church should reverence their orders but yet that synod should have no coercive jurisdiction over the church but such as overcometh the inward man by perswasion and leadeth him as it were captive to the obedience of truth And in case men and churches were not perswaded or did delay obedience and submission I say that such an Apostolicall synod could bring neither churches nor men to an outward conformity to their sentences lawes and decrees without a power delâ—…ated from the magistrate or some magistracy seated in churches Let us come to the second section As magistrates may lawfully call a synod of ministers and other fit persons to consult and advise with about matters of religion so if magistrates be open enemies to the church the ministers of Christ of themselves by vertue of their office or they with other fit persons upon delegation from their churches may meet together in such assemblies There is nothing in this section but I will willingly grant 1. They yield that magistrates may call synods 2. that a synod is an assembly of men convocated by the magistrate 3. who are to advise the magistrate about ordering matters of religion and discipline 4. under an orthodox magistrate as synods receive their jurisdiction from the magistrate so private churches under them ought to receive their orders and constitutions as lawes of the magistrate but under an heterodox magistrate synods receive their authority from private churches so that canons and decrees of synods are so far valid as they are approved or ratified by private churches that have conferred the power they being then in lieu of the magistrate The generall assembly of Scotland perceiving that this article doth much weaken ecclesiasticall power under an orthodox magistrate hath thought fit in their generall assembly at Edenburgh Aug. 27. sess 23. to put a glosse or comment upon it saying that the assembly understandeth some part of the second article of the thirty first chapter only of Kirks not settled or constituted in point of government and that although in such Kirks a synod of ministers and other fit persons may be called by the magistrates authority and nomination without any other call to consult and advise with about matters of religion and although likewise the ministers of Christ without delegation from their churches may of themselves and by vertue of their office meet together synodically in such Kirks not yet constituted yet neither of these ought to be done in Kirks constituted and settled So they will have the second article to be understood of churches not constituted or settled in which case they say the magistrate may call synods else they say it doth not belong to him but to the ministers who then ought to assemble of themselves without any commission from the magistrate which is expressely against the literall meaning of the second article which as all others of the confession is of things that are to be received believed and practised at all times and which they count of Divine right and for which therefore they alledge places of Scripture namely Isa 49. v. 23. Kings shall be thy nursing fathers a place which in my opinion maketh little to the purpose no more then the place out of 1. Tim. 2. v. 2. where we are bidden to pray for Kings doth to prove the power of magistrates in calling of synods Neither doth that place 2 Chronic. 19. v. 9. c. avail much but only that magistrates may call and constitute assemblies in generall for there is no speech there of any ecclesiasticall assemblies for they were not yet thought on at that time The 29.
and 30. chapters of 2 Chronic. for the magistrates power of calling synods is of the same stamp It is true chap. 29. v. 4. Ezechiah gathered Priests Levites together but it was to make an exhoâ—tation to them not that they should congregate into a synod invested with judiciall authority I think that none ever yet dream'd of it that synods in the old Testament could be proved out of that place The last place Prov. 11. v. 14. speaketh of counsellors in the multitude of which there is safety but not a word there of calling of them nor that those who were called were Priests and Levites but rather any other One would almost think that they had a mind to weaken a good cause and make invalid the power of the magistrate by alledging places that make nothing for it but however they will have them to passe for valid proofs that magistrates by divine right are to call synods But to the matter I am quite of another mind then our brethren the Scots are and I desire to be judged by any other then by them whether there be any spark of reason or truth in their saying Is it not more like that in a well-constituted church things must run their wonted channel that the power of calling synods belongeth to the magistrate but the church being in a troubled condition then that ministers yea any good man should contribute his helping hand toward the reforming of the church whether by way of synods or otherwise without expecting orders from the magistrate In turbata ecclesia omnis homo miles est Christianus minister But who sees not but the drift of our brothers the Scots is to constitute a jurisdiction independent from that of the magistrate The third section or article of the 31. chapt of the confession needeth a comment to make it agree with the second it belongeth to synods and councels ministerially to determine controversies of faith and cases of conscience to set down rules and directions for better ordering of the publick worship of God and government of his church to receive complaints in cases of mal-administration and authoritatively to determine the same which decrees and determinations if consonant to the word of God are to be received with reverence and submission not only for their agreement with the word but also for the power whereby they are made as being an ordinance of God appointed thereunto in his word First they do not define what synods are here meant whether convocated by the magistrate or by private churches or even convocated by the ministers themselves If by the magistrate how can a company of men called to advise him make constitutions valid except they be first submitted to the judgement and approbation of him by whose authority they were assembled The like judgement may we make of the decrees of syâ—ods convocated by the common consent of private churches If the ministers assemble of their own accord were they so many Apostles they must have some magistracy to give vigour of law obliging to obedience either actively or passively else their canons would have no jurisdiction but over them they could overcome by perswasion The fourth article or section is all synods or councels since the Apostles time whether generall or particular may erre and many have erred therefore they are not to be made the rule of faith or practise but to be used as an help in both A synod is no rule but to him that is willing to make it a rule All the synods power and authority is only so much as either the magistrates will is or a conscience inlightened or convinced is perswaded to yield unto I know no middle way to create authority There is a rare saying of Festus Hommius disp 18. thes 2. de concil authoritate the foundation of all synodicall authority is an agreement with the divine truth and ordinance whereof we must be first evidently and clearly made certain before the synod get any authority with us So that synods are of authority when men and churches are clearly convinced of the equity reasonablenesse and truth of their decisions I am not of the opinion of Gregory Nazianzen and Bazil who condemned all synods generally for I believe they are of very good use and necessarily to be had so that the members be not invested with any judiciall power independent from the magistrate or from particular churches whose decisions be counsells and advices given to them both not lawes otherwise I think little or no good is to be expected from them and that they are not a way to decide controversies 1. Judges in an assembly never so upright must be indifferent to persons and causes but so cannot ministers be in a synod for a synod made up of orthodox Divines is no competent judge of Arminians Therefore it is no marvell if the councell of Trent did condemn the Lutherans in the first Session before they ever heard them or that a late synod at Charenton prepossessed against independent churches in England did as it were anathematize them though none of the members of that synod being 80. in number had hardly seen the face or writings of any of them 2. It seemeth to be against all courses and proceedings of courts either of law or chancery that both plaintiffs and defendants should sit as judges in one judicatory to determine their own cause 3. If there be but one party either the defendent or plaintiff sitting voting no doubt but he will cast his adversary out of the court therefore there being no other then Protestants sitting and voting in the synod of Dordrecht the Arminians could not chuse but loose their cause besides that it is no lesse unreasonable that one party should submit to the judgement of his adverse party 4. It seemeth neither just nor reasonable that churches and men should submit to the major part of the members stating and concluding of any matter of religion rather then to the weight of the reasons of the minor part dissenting Should in synods alwaies the major number of votes carry it in a generall councill made up of Papists Lutherans Calvinists no doubt but that party that is most numerous though it carrieth it but by one vote would give religion and faith to all the rest therefore the late long Parliament did wisely decline to adhere rather to the major part of the members in the assembly who had voted for a presbyterian government reserving to themselves the liberty to weigh the reasons of both not to number the persons Hence we may gather how unreasonable it is in matters of faith and religion that that which is not the act of all should be reputed as done by all when as it may fall out that the major part hath out-voted the minor but by one suffrage for usually all collections syntagmes of confessions of faith canons and decrees go currant and are published to the world as if all the members had consented to them with a
distinction of jurisdiction was not necessary because it was one people one nation and one temple whereto all the Iewes did gather together and therefore since they could conveniently be governed the unity of jurisdiction standing there ought not to have been a distinction yea it was very convenient that there should be an identity of jurisdiction that it might be believed that it was the same God to whom they all ministred There was the same reason for the temple for it was his will that there should be one place in which they should offer sacrifice unto him lest if that had been done in many places they might have thought there had been many gods Stapleton de Prin. doctrin 197. acknowledgeth the same indentity of jurisdiction among the Jewes I come to the second viz. to Mr. Gillespies concessions which are as large as I can wish that the church state were the same materially that the same man was both high Priest and chief judge of the nation that elders of synagogues did exercise coercive jurisdiction that the Jewish Senat after the thirtieth year of Christ was ecclesiasticall and yet was over all persons and causes except capitall and that there was not then any other senat extant but that before the thirtieth year the same senat having the judgement of capitall causes was civil All these being granted I see not what further can be required in the behalf of unity of jurisdiction since 1. the same men that were members of the ecclesiasticall senat were also members of the civil senat 2. that the synagogues were invested with magistracy since the elders had a coercive power so that in the very synagogues there is by his confession a coalition of powers and jurisd ctions 3. making but one senate both before and after the 30. year which judged of all causes and matters and over all persons the civil before the 30. of Christ judging of ecclesiasticall causes and the ecclesiasticall after the 30. judging of civil But I could never understand why he calls the senate after the 30. year of Christ meerly ecclesiasticall because it did not judge of capitall causes though it had cognizance and judgement of all other matters Can the judging or not judging of capitall and criminall causes alter the constitution and name of an assembly or court so as that when it judgeth of capitall causes it must be called civil otherwise it must be called ecclesiasticall Now because there is some obscurity in that concession of his that the church and state were the same materially we will hear what his countrey-men say to that in a late book printed anno 1657. called A true representation of the present divisions of the church of Scotland that we may the better weigh his recantation or rather modification when he saith that though they were the same materially yet they were distinct formally the words are pag. 18. The church of God being restrained to that one people of Israel their church and commonwealth were materially the same by divine constitution so that none could be members of the commonwealth but such as were also members of the church and so professours of the true religion as now under the Gospell it may be otherwise Now let us hear Mr. Gillespie pag. 6. They were formally distinct in respect of distinct lawes the ceremoniall was given to them in reference to their church state the judiciall was given to them in reference to their civil state But if they were distinct in regard of the judiciall and ceremoniall lawes why may they not be united in regard of the morall law For Mr. Gillespie passeth over the morall law and leaves it uncertain who is to be the keeper and guardian of it and whether it was given in reference to their church state or in reference to their civil state or whether a third power jurisdiction or state must not be constituted that is neither civil state nor church state to which the morall law hath reference for sure there was some union of jurisdictions in the protection and defence of the morall law which was as it were the bottom and the basis upon which the ceremoniall and judiciall were grounded and is of far more large extent then the ceremoniall and judiciall put together and from which in so many difficulties that are incident for the clearing of ceremoniall rites and judiciall sentences there must be continuall appeals to the keepers of the morall law which being at least equally in the custody of the magistrate and church-officers and both parties having a joint interest in the morall law as to see all men and businesses governed and squared thereby they also to that end must conjoin their power and jurisdiction For indeed the morall law is no more different from the politick then from the law given to families fathers masters husbands only the politick law is the practise of the morall or is the morall law applicable to cities families c. In like manner the ceremoniall law is but the morall law applyed in the practise of religious service for the morall law saith God only is to be worshipped the ceremoniall saith where how when by whom So that as all lawes are streams from the morall law so must all jurisdiction be from one fountain of magistracy It seems that Calvin had the same thought when in his harmony of the Pentateuch he reduceth all lawes under one classis But to examine a little nearer his distinction of materiall and formall I do not understand what he meaneth by formall in opposition to materiall for the jurisdictions that are one materially must be also one formally Let us suppose two coordinate supreme senates as Mr. Gillespie would have them among the Jewes one civil and another ecclesiasticall and that as he would have it the same men were members of one and the other I say if they do not differ materially neither do they differ formally so long as no law order or constitution civil or ecclesiasticall can have any force without the joint consent of both and except both senates put their seals of confirmation to what either of them hath decreed For example the appointing a day of publick humiliation by the ecclesiasticall senate must be also an act of the same men sitting in a civil senate who if they will have the injunction to stand must make orders subservient to it that there be no markets nor courts that day kept otherwise those that keep markets or courts upon such a day by vertue of former warrants from the civil senate will not know how far they are to obey the injunction of the ecclesiasticall senate without a dispensation from the civil senate This double jurisdiction is in effect but one for the same men appointing a day of humiliation in an ecclesiasticall senate to be kept forbid also in a civil senate all markets and courts to be kept and though one part of the injunction was made in one senate and the
constitutions that are made about them are acts of the major part of the members are valid not because they are lawes of Christ and approved to every ones conscience but because like lawes and orders of other societies they do oblige as such and as consented unto in the making of them by the major part of the members though it may be the minor part were in the right for as the acts of a magistrate commanding things directly commanded by God are the magistrates acts so those acts performed in a particular church though commanded expressely by God in as much as they require externall obedience either actively or passively are acts of that magistracy set up in that church I find in a result of a synod in New-England printed at the end of the book of Mr. Cotton of the Covenant of Grace some conclusions wholly consonant to what I now write in this chapter of the two kinds of acts that are performed in every particular church the one done by them as church-members the other being an effect of magistracy set up in every particular church considered not as a church but as a society The first kind of acts is proper to those church-members who by any power of magistacy are not put upon stronger engagements of oredience then if there had never been any The second is exercised by magistracy either in the church or out of the church against the obstinate and unruly and such as need to be compelled I find the synod speak much to that purpose namely p. 40. the collectour saith from them that for remedying disorders and taking away or preventing grosse errors there must be a power of restraint and coercion used and in regard that every particular church is to be as well considered in the quality of a civil society as a society of church-members CHAPTER XX. That the power attributed to private churches by the reverend dissenting brethren doth very well accord with the power of magistracy in matters of religion as it is held by Erastus Bullingerus Musculus Grotius Mr. Selden and Mr. Coleman This same is proved by reason and by the testimony of Mr. Burroughs writing the sense of all his brethren as also by the practise of the churches in New-England WHen at first I undertook to write of this subject I had no other designe but to assert the nullity of a double externall jurisdiction and to prove that there being no such thing neither in Scripture nor reason as an ecclesiasticall power all jurisdiction that was not united under and appertained not to the magistrate was not a power of coercion was no jurisdiction Neither was I then lesse dissenting from the church-way and power retained by the rever brethren of the congregation then from the presbyterian brethren and the rather because I saw both parties carried with as much eagernesse of opposition against Erastus and Mr. Coleman as they were among themselves besides not fancying to my self otherwise but that all jurisdiction called ecclesiasticall and assumed by whatsoever society of men either single or made up by the aggregation of many societies which was not subordinate to the magistrates power was alike against reason and Scripture But being not able to study my main matter intended without enquiring into the nature of the power that both parties assumed to themselves I found that the tenets of the brethren of the congregationall way could very well accord with mine and which was not yet by any considered that the right of particular churches as the dissenting brethren hold might very well consist with that measure of power that Erastus Bullingerus Musculus Gualterus Grotius Mr. Selden Mr. Coleman allowed to the magistrate in matters of religion and over churches and that independency of private churches I mean independency from presbyterian classicall and synodicall judicatories doth no way hinder their right and liberty nor their dependency on the magistrate nor cutteth short the magistrate of the soveraign power he ought to have overall societies and persons and in all causes and matters Lastly I found that this way of reconciliation was most agreeable with Scripture reason the practise of the Jewes and of the primitive church of Christians besides was confessed so by many learned men who though seemingly otherwise affected and carried by more heat then knowledge of what was passed or held in this Island have notwithstanding in their tracts about the power of churches and discipline laid the same grounds that the dissenting brethren have delivered I need not be very long in proving by reason that this reconciliation betwixt the advocates of the magistrates power in matters of religion and those that plead for the right of churches is already made to our hands by what I have already handled I adde further these following considerations 1. Since every private church hath within it self a power of magistracy and that all magistracy in whatever society it be seated is subordinate to the magistrate of those societies it doth consequently follow that that magistracy wherewith every private church is invested is also subordinate to the magistrate for as I have demonstrated since no society of church-members no more then of citizens merchants physicians and the like can be imagined without lawes discipline and power of restraint and coercion so neither can it be imagined that such a power is not dependent on the magistrate for if a member of a society be obstinate and refractory and will not be ruled but by coercion and compulsion it be more then church-members as such can do to reduce him by exhortation and good advice then church-members must act also by a power of magistracy either assumed or delegated however it be that power of magistracy is subordinate to the soveraign magistrate 2. It is a maxime in Scripture Philosophie and common reason that theorems or propositions that are true asunder are no way contradictory one to another Now these two following propositions are of an undeniable truth viz. The magistrate is a soveraign governour over all persons and societies and in all matters and causes whether they pertain to religion or no and this Every particular church hath a right and power to govern it self without any dependence either on other churches or church-judicatories Each of these propositions being considered as true asunder must also be very consistent and no way clashing one with the other 3. That the right of churches may well stand with the power of the magistrate may appear by example of many societies as families corporations halls whose intrinsecall power of magistracy agreeth exceeding well with that of the magistrate over them for none doubteth but every father of a family hath a power to govern his children houshold and servants as he listeth being in his own as it were house a magistrate and a Priest yet none hitherto questioned but that paternall and oeconomicall powers are subordinate to the power of the magistrate for even the civil law and so
many constitutions about regulating the power of fathers masters and husbands and yet allowing them their authority at home are an argument that their fatherly power is consistent with their subordination to the magistrate 4. There be as I shewed above two kinds of acts to be performed in a church one as they are church-members the other as they are a society that for their government must assume some part of jurisdiction of the same nature with the magistrates power In the managing of the acts of the first kind there is no subordination of the church to the magistrate but only in the second for preaching hearing the word of God administring the sacraments walking holily submitting one to another are no acts of power subordinate to the magistrate and under that consideration I will grant the right of churches not to depend on the magistrate but as these acts in a church-way cannot be exercised without a power of magistracy assumed in this regard a church may be said to be subordinate to the fountain of magistracy For it is with these two kinds of acts in subordination to God and the magistrate as with the body and the soul For none doubts but the faculty and gifts of reasoning apprehending truth loving God and our neighbour believing in Christ are no acts subordinate to the power of the magistrate but as reasoning faith love must be supposed resident in the body of man and that the man in doing acts subordinate to the magistrates power as going ordering commanding and obeying doth carry along his reason faith and love in like manner as it is not possible to consider a man performing the acts of reason faith and love and not being the while subordinate to the power of the magistrate so a church even performing those acts of church-members as such in as much as the second kind of acts that are subordinate to the magistrate must be joyned with the first cannot be considered without it be subordinate to the magistrate 5. If the power of churches were not subordinate to the magistrate many inconveniences would follow 1. That some churches gathered by the magistrate and his acts of appointing time place and stipends should not be subordinate to him 2. Or if he should gather none and besides appoint no publick worship to take place in all parts of his dominions but leave that wholly to the will of those that congregate of their own accord this I say would in a very short time breed irreligion or heathenisme in most places and most tanks of men for then it must be conceived that not one of 20. would congregate of themselves that the 19. parts not being called upon nor any way invited by publick ordinances set up in all places of mens abode atheisme or neglect of all religion would soon ensue in most parts And a persecuting magistrate as in the primitive church were ten times rather to be wished then one carelesse and neglecting to set up ordinances for by one of these two wayes either by persecution or by countenancing and commanding the worship of God the magistrate causeth religion to flourish by doing neither one nor the other he takes the way to abolish it as Julian the apostate was about to do if God had not the sooner cut him off 6. But suppose it be granted on all sides that the magistrate is bound to do what King Edward did or Queen Elizabeth to banish popery to set up protestantisme and an orthodox ministery in all parishes throughout England which acts cannot be performed by a few particular churches with all their church power sure it must be also granted that all those acts of a magistrate in ordering affairs of religion are in his disposall and depending on him 7. Since then the magistrate must have the ordering of those affairs of religion which he himself hath constituted if he should not likewise be the supreme governour of those churches which he hath not erected but were gathered by the members of churches of their own accord there could not but a great confusion arise in mens minds as well as in the state it being no small businesse to distinguish the power of the churches that are subordinate to the magistrate and the power of those churches that are not From reason I descend to the authority of the rever brethren both in old and new England dissenting from the presbyterians In old England the reverend pious Jeremie Burroughs will be in stead of all the rest of his brethren for in the eleventh chapter of his Irenicum he professeth to deliver not only his own judgement but also that of his brethren with whom he had occasion to converse Whoever shall peruse his book throughout specially the fifth chapter will find that he attributeth as much power to the magistrate over churches as any of the opposites to the presbyterian brethren Which power of the magistrate while he asserteth he never conceives it should overthrow his other positions namely in the seventh chapter concerning the right and power of churches or that his stating the right liberty and power of churches could not consist with the power of the magistrate over them Now he is very expresse in the said chapter for the power of the magistrate in sacred things Pag. 21. he saith that magistrates in their magistracy are specially to ayme at the promoting of the Kingdom of Jesus Christ the mediatour and there and throughout that long chapter you have these conclusions 1. That the church and Commonwealth of Israel were mixed in one that there is no reason it should be now otherwise 2. That the power of the magistrate is alike in the times of the old and new Testament and were it so that nothing were set down of it in the new Testament that it is enough it is a law not only granted to the Israelites but also of the light given to the very heathens whose power of magistracy was to govern religion as well as other things 3. That it is most unreasonable that a magistrate turning either from the heathenish or Jewish religion should enjoy lesse power in matters of religion then he had when he was a Jew or heathen An infidel magistrate saith he converted to Christian religion is thereby better inabled to perform the duty of his place then before but he had the same authority before 4. He holds that the magistrate hath a soveraign judgement of his commands though unskilfull in the things commanded A magistrate that is not skilfull in physick or in navigation yet he may judge physitians and mariners if they wrong others in their way 5. He asserts largely the power of the magistrate in matters of religion by the example of the Kings of Judah and Israel yea of the Kings of Niniveh and of Artaxerxes interposing his power in matters of religion for which Ezra blesseth God whosoever will not do the law of thy God and the law of the King let judgement be executed upon
him Here one may see as the law of God and the law of the King may stand together so the power of the magistrate may very well consist with the power right and liberty of a private church And the like he doth by many passages of Scripture which he urgeth namely Isa 49. v. 23. Kings shall be thy nursing fathers c. and Esa 60. 10. Revel 21. v. 24. the Kings of the earth shall bring their honour to the church and Rom. 13. 4. and 1 Pet. 2. 13. He addes since the Scripture speaks thus generally for thy good for the punishment of evil-doers and the praise of them that do well we must not distinguish where the Scripture doth not Now let us go to New-England where none will deny but a power and right of churches is maintained sutably to the sense of the dissenting brethren in old England and yet they ascribe no lesse to the magistrate in matters of religion then Mr. Burroughs Witnesse the result of a synod at Cambridge in new England published an 1646. They say magistrates must and may command matters of religion that are commanded in the Word and forbid things therein forbidden by the Word meaning the whole Word both in the new and old Testament In short they hold for substance what I said before of the two kinds of acts performed in every private church one looking immediately at the externall act of the body and the duties and sins which appear in the carriage of the outward man and this they say the magistrate looketh at and commandeth or forbiddeth in church and out of church see pag. 15. and therefore they say pag. 40. every church considered as a civil society needeth a coercive power They say further that this power is needfull in churches to curb the obstinate and restrain the spreading of errours Pag. 49. they invalid the example of Uzziah often alledged by the Romanists and the presbyterians though Mr. Gillespie as I remember never maketh use of it in his great book and say that this act of Azariah thrusting out Uzziah was an act of coercion and so of magistracy and a civil act which priests and Levites were allowed to do and which they made subservient to that command of God that none should burn incense but the sons of Aaron For I believe any officer under the soveraign magistrate might do the like in case this later should go about to violate a command of such a high nature for being an under-magistrate and invested with power of coercion he obeyeth the greater master and maketh use of his power to hinder a notable breach of Gods expresse command Having thus made good that there is a fair correspondency and concurrence of the right and power of private churches with the magistrates power over them I do not see but my principles and those of the dissenting brethren are very agreeable consonant in the main It may be a few of them will call that power in every particular church ecclesiasticall which I call a power of magistracy and they will call excommunication an act of the ecclesiasticall power which I conceive to be rather an effect of the power of magistracy settled in every particular church But the difference is not great since we both make that church-power call it what you will a power of jurisdiction and coercion which must needs be subordinace to the power of the magistrate since both are of the same kind and upon that account excommunication is a law of the power of coercion so of magistracy In short whereas some of them will say of all church-censures that they are the product of a positive divine power I say they are the result of a naturall civil power subservient to the divine power in the exercise of the first kind of acts of church-members as such sure Mr. Burroughs and the result of the synod in New-England come very near if not altogether to my sense For Mr. Burroughs pag. 27. maketh but two powers residing in a private church one of admonishing perswading desiring seeking to convince the other a power restraining This latter power I call a power of magistracy because by the first power men are not outwardly restrained nor rought to outward conformity and accordingly excommunication must needs be a product of that restraining power So that the difference is not at all reall but nominall I find in Musculus in his common-places concerning magistrates the same power of magistracy in churches The passage hath been alledged above there he saith that that power exercised in churches is notecclesiasticall but the power of the magistrate CHAPTER XXI That a church made up of many particular churches under one presbytery invested with a judiciall power over them is not of the institution of Christ. VVE are brought insensibly to know the nature of a Christian church instituted by Christ which as I said is a particular visible one meeting in one place to celebrate the same ordinances whereof mention is made 1 Cor. 11. v. 18. and chap. 14. v. 23. and Act. 13. v. 42. and 44. In this church the Lord Jesus Christ hath properly instituted the ministry for Christ hath not instituted a catholick visible church much lesse a nationall church under one presbytery but this appellation of church is like the word man which denotes a nature common to many singulars and yet is properly said of John or Peter For as many fountains are not a fountain and many schools are not a school and many families are not a family so many private churches are not properly a church We shall find below Amyraldus saying most truly and very pertinently to our argument that the appellation of church doth not properly belong either to the catholick visible church or to a nationall church such as are the English French Helvetian churches which are rather a knot or collection of churches then a church That such a church made up of many private churches under one presbytery is not of the institution of Christ nor ex necessitate praecepti but of the free pleasure of each private church who without any violation of the command of Christ may either remain single or aggregate it self to other churches under such a presbytery may be proved by severall arguments 1. I begin with the testimony of the Rev. Assembly in their humble advice who lay no greater stresse of necessity upon it then that it is lawfull and agreeable to the word of God that such a thing be 2. If the Lord Jesus Christ had instituted such a presbyterian church it were fit it should be told us what is a competent number of churches requisite to be under a presbytery whether only three or four or more it may be two thousand If so many why may not a hundred thousand churches be under one presbytery If so many why not all private orthodox churches that are dispersed through the world If a presbytery may be over all the catholick
churches would there be even 33. for so many were overcome but should all these 33. Kings be subdued these 33. Churches would cease to be independent on each other and in stead of 33. churches depending each on their magistrate one nationall church should be moulded of the same extent of power as the magistrate that ruleth over them CHAPTER XXII That the greatest opposers of the dissenting brethren namely Salmasius Amyraldus and others have laid down the same grounds for the right and power of particular churches and so confuted rather their own fancies then invalidated the tenets of the brethren The question whether Rome be a true church briefly resolved That Amesius and Iohn Mestrezat late minister of Paris in their writings have held the power of private churches to be independent from any church-judicatory THe spirits of men are now a little more calm and not so eager either at home or abroad and the quarrell not so fierce with the independents as it bath been these 15. years I having my self been a poor instrument to disabuse some of my country-men who partly by their misunderstanding paitly by the false reports and ill will of the common enemy to all goodness good men were possessed of very harsh opinions and conceits of them passed a strange censure upon them as enemies to all order and discipline and men of dangerous and pernicious tenets to all humane societies The very children amongst them did question whether they were shaped like other men Amyraldus made a great book of Invectives against them and turned them into Sodomites franticks and enemies of all order and discipline Salmasiâ—s and Maiesius were no lesse bitter against them A nationall synod net at Charenton where Amyraldus had a standing but no vote condemned them But as this synod condemned them as the councill of Trent did the Lutherans before they heard them so did all these authouâ—s I have named fall upon them without mercy before they had any particular knowledge of them or any certain information of their supposed pernicious manners Yet for all that those very men that wrote so much against them as they refuted rather their own fancies then any thing those they call independents believed so they did handle this matter of the nature and power of the church and that of the magistrate over it much to the advantage of those that they made as black as they could namely Amyraldus in declaring both his own sense and that of the ancient church next to the Apostles hath laid the same ground-work for the parity and independency of churches as the reverend brethren dissenting from the assembly of Divines have done He alledgeth Vignier a French authour writing above 70. years agone highly valued as the truest historiographer that ever put pen to paper by the most learned and pious Prelat Dr. Usher in his ecclesiasticall history relating the opinion of Irenaeus Eusebius and Nicephorus concerning the state of the government of the church soon after the Apostles The form of the government in this age was almost democraticall for every church had equall power to teach the word of God to administer the sacraments to absolve and excommunicate hereticks and those that led a d'ssolute life to elect to call and to ordain ministers to depose them when occasion required to erect schools to call synods to ask the opinion of others upon doubts and controver sies I find the centuriators of Magdeburg cent â— cap 7. to have these or equivalent words with little difference but that they wrote in Latin and Vignier in French Here then we may see our brethrens sense 1. that every particular church is independent free to govern it self and to exercise all church acts not rejecting a consociation with other churches but such as equals have among themselves 2. for the power of synods they acknowledge none nor judiciall authority only a liberty to admonish advise and counsell In the 8. chapter he hath a long passage whereof the drift is 1. that particular churches are no lesse free asunder then provinces and towns before they join in a confederation 2. that all aggregation and consociation is as free for churches as for free towns or cities 3. that a particular church for example that of Saumur considered as not united by any voluntary confederacy to other churches oweth the same duty of respect to the orders and constitutions of the churches of Leyden Heydelberg and Basil as to to those of Paris or Rouen 4. that the power of synods over churches is of the same humane and civil right with the power of a judiciall senatover cities and towns Pag. 144. he hath these words The Church and the Commonwealth have some things that seem common and they may be almost alâ—ke managed both by ecclesiast call assemblâ—es and by the powâ—r of the magistrate How doth this agree with what we have heard him say that it were an horrible confusion for the church and state to be governed by the same men Pag. 198. and 199. he speaketh of the authority of synods in the language of our brethren It is true that the meer authority of councils ought not to move us to receive a point of religion the knowledge of the truth of the thing ought to be the chief motive and ground But we have him very expresly teaching his scholars and auditors at Saumur that the appellation of a true visible church doth properly belong to a particular church I shall cite his words Disp de ecclesiae nomine definitione thes 28. in English I know that a communion and as it were a confederation of many the like societies which are associated either by the same use of tongue or the same form of Commonwealth or else by the same government and discipline is called a particular church thus we speak of the French English and German churches as of particular churches to distinguish them from that universall society of Christians which comprehends all nations that bear the name of Christians but as we said before the word church is not proper to the society of all Christians as it is to the particular assemblies of Christians so that consequently we say that the word church is not to be said in the like manner of a consociation of many particular churches Let then that communion which is between the churches of France be said to be a church and that the church is a confederation of many churches for if taken according to the use of the holy Scripture St. Paul calleth the severall particular churches which were in Achaia not by the name of the church of Achaia or the Achaian church but of the churches of Achaia A passage very considerable which force of turth hath drawn from the mouth of the greatest enemy to the brethren for their greatest advocate could not say more in justification of what they have alwayes urged about the nature of the church but could never be heard till of late viz.
against the common enemy and for keeping communion as of saints so of churches that those church judicatories were set up not for conscience sake or in obedience to any prescript of Christ but for orders sake as the reverend man wrote to me but a few weeks before he died CHAPTER XXIII The consistency of the right and power of private churches with the magâ—strates power in ordering publick worship proved by the example of the Iewes that they had through all the land particular convocations synagogues or churches called also colledges or schools where the Prophets sons of the Prophets taught especially on the sabbath-day that they were independent from any church-judicatory How synagogues were altered from their first institution and that being converted into Christian churches they retained the same right power and way of government THe most convincing proof for the consistency of the right and power of particular churches with the magistrates power in ordering settling and commanding the publick Divine worship of the Nation is the example of the Commonwealth of the Jewes wherein we are informed of three main things which taken into consideration will clear all doubts about the right and power of particular churches and the magistrates jurisdiction in matters of religion and publick worship 1. That in the Commonwealth of Israel at their first institution there were particular churches throughout all the land near every families dwelling-place called synagogues 2. That these churches were independent both from any of their own of the Priests or Levites judicatories 3. That the while the magistrates power and jurisdiction remained whose entire and undivided over all persons and in all causes and matters particularly in ordering settling and commanding the publick nationall worship of God For the first that such churches were instituted in the land of Canaan we have a very expresse proof Leviticus 23. v. 1 2 and 3. Speak unto the children of Israel c. six dayes shall work be done but the seventh day is the sabbath of rest an holy convocation ye shall do no work therein it is the sabbath of the Lord in all your habitations 1. We have here a convocation and an holy one every sabbath 2. near every families dwelling place at that distance which is called in the Gospell a sabbath-days journey and to travell a sabbath-days journey was equivalent to go as far as the house of convocation which was esteemed a fulfilling of the command Exod. 16. v. 29. abide every man in his place let no man go out of his place on the seventh day For he that went no further then the place of convocation or meeting to attend on the ordinances where they use to tarry from morning to evening obeyed that command let no man go out of his place on the seventh day For how could they keep a sabbath-day holy without an holy convocation and how could that be frequented and they not stir from their own place except by not going out of his place be meant not going any whither but to the place of convocation For they could not keep the sabbath without a holy convocation kept near every ones dwelling Now that this convocation cannot be meant of nationall and festivall meetings is evident for those were appointed but thrice in the year and far from every ones dwelling-place and after the building of the Temple they were celebrated either before the Tabernacle or in the fore-court of the Temple Now had they been bound to repair to Jerusalem every sabbath-day it would have been against the command not to stir from their own places on that day These convocations or synagogues were particular churches assembled in a temple or house called also schools or colledges where Prophets and their sons or scholars dwelt and taught daily but on the sabbath-day they had a more solemn meeting of all those that dwelt near for prayer expounding of the law exhortations conferences the main action being performed by the Rabbies yet the disciples were not silent but sate at their feet asking questions and hearing their answers and resolutions sometimes a new comer in might interpose as we see in the example of Jesus Christ Luke the fourth who being unknown had the priviledge to expound the Scripture and to ask questions and give answers so had St. Paul as we read in the Acts of the Apostles chap. 13 v 15. But to speak more particularly of the place the teachers and the matter and form of worship in those places of meeting or synagogues I say first one may trace the place in the old and new Testament In the 26. Psalm David saith he will blesse the Lord in the congregations and Psal 68. v. 26. blesse ye God in the congregation which doubtlesse ought to be understood of those convocations in temples which are called synagogues Psal 74. v. 8. they have burnt up all the synagogues of God in the land Which texts make it good that such places for an holy convocation were erected through all the land Calvin upon the place saith that the people met in syngogues every sabbath-day to read and expound the Prophets and call upon God by prayer The 29. Psalme v. 9. doth not obscurely mention them for the Psalmist relates that while the works of God sounded by haile rain and thunder the faithfull not only under a shelter of stones and timber but of Gods gracious providence and protection did attend the service of God Of this House and Temple David also speaketh Psal 87. v. 2. The Lord loveth the gates of Sion more then all the dwellings or tents of Iacob The sense of which words paraphrastically I think to be this although God graced with his blessing and presence those convocations which at first were kept under tents in the wildernesse yet he is much more taken with that glorious manifestation of his between the cherubins whereby God setteth out the Lord Jesus Christ Also Salomon Ecclesiastes 5. v. 1. and 2. speaketh of these houses or meetings when he warneth men to be more ready to hear then to speak in the house of God intimating that there was a freedome for the faithfull in those convocations and synagogues more then one to speak and besides that there were no other sacrifices performed in them but those of preaching praying and thanksgiving This house of convocation was also a place to train up disciples called the sons of the Prophets which were indifferently of all tribes and therefore by the way the ministers of the Gospell that do not succeed the Priests and Levites but those Prophets who had neither ordination nor jurisdiction cannot pretend other call or power then such as these sons of the Prophets had So then these house or places for convocation were also colledges and schools and therefore Philo in the life of Moses calleth them both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 houses of prayer and of learning of which you have mention 2 Kings 6. v. 1. where
crime to appeal or repair about any matter to Jerusalem or attend at those solemn meetings enjoyned by the law of Moses three times in the year and every seventh year and therefore to keep themselves free from idolatry they frequented as much as they could those places of convocation as appeareth by a notable example 2 Kings 4. v. 22. For when the Sunamitish woman desired an asse to ride on to Elisha her husband told her wherefore will you go to him to day it is neither new moon nor sabbath The greatest part of these houses of convocation for some of them did not much alter from their first institution but remained schools and nothing else in processe of time did not properly degenerate but changed their nature and lasted longer thus then in their first institution and that begun from the time that they were led into captivity and so continued under the Babylonians Persians Grecians and then the Romans for whereas at first they needed no other discipline then the law of their nation which received vigour strength and protection from their own magistrate who was a friend and protectour of their law religion and liberty when afterwards they lived under those that were no good friends to their lawes and religion and yet were suffered to enjoy them both being dispersed they were fain to alter the frame of their assemblies and convocations and make of them so many little Commonwealths endowed with judiciall authority yet retaining still some prime face of a church or convocation and besides more mixture of ranks of men for not only Prophets were governours and members but also Priests Levites and elders of the people and all matters were handled as in a court of magistracy and yet reading and expounding of the law was not forgot as we see Act. 13. v. 27. and ch 15. v. 21. Nor was it grown out of use for scholars or young Prophets to sit at the feet of the Rabbins and receive instructions as St. Paul at the feet of Gamaliel Act. 22. v. 3. and Marie at the feet of the Lord Jesus or for the young Prophets to ask questions of the old as 1 Cor. 14. v. 29. And as the form and matter handled did alter so also the Prophets and teachers did change their names and were called Doctours Rabbies Lawyers Masters Scribes and Wise among the Jews And such were the synagogues in the time of Christ which Mr. Gillespie is not certain whether he ought to call churches or civil courts yet he is rather of opinion that before the 30. year of Christ when they had power to judge of capitall matters they were rather civil courts then churches but after the 30. year of Christ this judgement of causes for life and death being taken from them then they were to be called churches or ecclesiasticall assemblies Which is a very frivolous exception as ever was devised and sheweth the weaknesse of his cause For is a court more or lesse civil because it hath or hath not the judgement of capitall causes By that reason most courts in England should be ecclesiasticall as the court of Exchequer court Baron and court Let. But the nature of those convocations synagogues or particular churches of the Jews having been for many hundred years since they were carried first into captivity such that they were invested not only with a faculty to perform duties and acts of worship to God but also with a power of magistracy when a great many of them from synagogues of the Jewes were after turned into churches of Christians they retained the same constitution and qualification in performing church-duties and exercising power of magistracy which sometimes was assumed by the consent of the members sometimes delegated by the Emperours For as the Jewes began to be the first professours of Christian religion so the first churches were synagogues of the Jewes converted to Christian religion but yet before the conversion of an entire synagogue those that were Christians concealed themselves for fear of the rest and yet did not depart but when they were persecuted or thrust out of the synagogue So that some synagogues for some Christians that were among them were called churches as we may see if we compare Gal. 1. v. 13. with Act. 22. v. 19 for in one place St. Paul saith that he persecuted in every synagogue those that professed the name of Christ in the other that he did persecute the church And Act. 18. v. 19. it is like that either the greatest part or the whole synagogue was a Christian church though it retained still the name of a synagogue And no doubt at Antioch the whole synagogue professed Christ since they durst openly take the name of Christians But the words of Christ Iohn 16. v. 2. they shall put you out of the synagogue shew that syâ—agogues of the Iewes should become Christian churches and that those that professed the name of Christ or at least believed in him secretly for fear of the Iewes were not to depart that by their means the whole synagogue might be wonne and therefore the Lord Iesus Christ takes this expulsion for an injury done to them in the foregoing verse These things have I spoken to you that ye be not offended Had not the Lord Iesus a mind to make of these synagogues churches he would have bidden those that were Christians amongst them to flee from them and go from them as he biddes his people flee out of Babylon And indeed we do not read that Crispus chief ruler of the synagogue and other believing Iewes did forsake the synagogue or that when the whole synagogue was converted it did presently loose the name of a synagogue but kept it as we see Iames 2. v. 2. If there come into the synagogue and Hebr. 10. v. 22. The very heathens did not put a distinction for a good while betwixt Iewes Christians for Suetonius saith that Claudins did restrain the Iewes who by the impulsion of Christ did raise tumults So that in expelling the Iews the Christians were comprehended for it is said Act. 18. v. 2. that Aquila and Priscilla though Christians were commanded to depart from Rome And as the Christians suffered as Iewes so what priviledges they enjoyed it was a grant unto the Iewes and as in the 9. of Claudius the Iewes and with them the Christians were banished so in the first year of his Empire the same liberty that was granted unto the Iews did also belong to the Christians So then the synagogues were the first origine and platform of Christian churches and after those synagogues the gentils converted did modell their churches retaining the same power of magistracy as the synagogues had as Mr. Lightfoot doth very well observe yea in their way of teaching following the Prophets in their synagogues which were also schools of learning as namely when they spoke by turns and the younger Prophets submitted to the judgements of the elder 1 Cor. 14. v. 29 30 c.
Therefore since the churches of the Christians were but synagogues changing somewhat the doctrine but not at all the discipline we must conceive of all churches and their acts of power as of synagogues and of church-excommunication as of Jewish excommunication or putting out of the synagogue that of Christians being no more a law or ordinance of Christ then that of the Iews was a law and ordinance of Moses for neither of them was For it never came to be in use among the Iewes till they took it up upon the want of their own judges and magistrates by consent and by a confederate discipline in â—eâ— of magistracy The Christians imitatours of the Iewes and who had the law and the covenants yea the Lord Iesus Christ from them did also take up excommunication upon the same grounds as they did Bullingerus in an Epistle to Dathenus an 1531. tells us it was thought so by Zwinglius the Apostles lived under a heathenish magistrate who yet did not punish wicked actions but that the church might inflâ—ct some kind of penalty they took up admonâ—tion and exclusion because they could not make use of the sword which was not committed to them and this was the cause of bringing in excommunication Now that the Christian magistrate may punish wicked deeds there is no further need of excommunication CHAPTER XXIV That the Christian churches under heathens were governed by a confederate discipline or a power of magistracy as the synagogues were appointing men which Ambrose calls elders to decide such matters as otherwise were to come under the magistrates cognizance This practise is grounded upon 1 Cor. 6. v. 1 2 c. and confirmed by Origen Iustin Martyr Ambrose and Mr. Lightfoot That the power of these elders continued still under Christian Emperours with some alteration they erecting in lieu of them Episcopall courts That all church-power was the Emperours power That the very heathen magistrates knew no other but that all power was annexed to them HAving hitherto made good that there is no such thing as a government in the hands of church-officeâ—s distinct from that of the magistâ—…e and proved the nullity of that distinction 〈…〉 â—…call civil jurisdiction by reason Scripture and the example of the Iewes it followeth we should prove that since the time that the 〈◊〉 church began whether under the hâ—… the â—or under Christian â—mperours it was not governed by a jurisdiction distinct from that of magiâ—…acy and that neither â—he hâ—…hen noâ— the Christian Emperours ever knew any 〈…〉 as an ecclesiasticall power not sub 〈…〉 to the magistrates power yea that the 〈…〉 did but in words challenge a power 〈…〉 from that of the magistrate and that 〈…〉 they made but one of two and acknowledged that it could not be so much as 〈◊〉 they should be exercised asunder and 〈…〉 reason that the learned of thâ—m as 〈◊〉 and others maintain that one of them 〈…〉 subordinate to the other erâ—ing onâ—… 〈◊〉 that they subordinate â—…e civil to the 〈…〉 〈…〉 then being converted into 〈…〉 churches and also turned over to 〈…〉 same jurisdiction of confederate 〈…〉 power of magistracy assumed by 〈…〉 the members of each synagogue yet 〈…〉 â—ewish synagogues had been alwayes 〈…〉 â—ccuted and had enjoyed their confeâ—… dâ—…cipline for the most part by edicts from 〈…〉 magistrate under which they lived that was the reason that they bad a greater measure of freedom to exâ—… their confedâ—… are â—…cipline and acts of coercive a◠〈…〉 dicall â—…wer over all persons of their own body and religion and in all causes except in causes capitall and the medling with any thing whereby to free themselves from paying taxes 〈◊〉 But the Christian churches though moâ—…ed after the pattern of the Iewish synagegues being continually either under perseâ—…oâ—… or in rear of it could not put forth those acts of coercive â—…risdiction unlesse it were a putting â—ut of the congregation which thing may be done without much noise but inflicting bâ—dly or pâ—cuâ—iaâ—y punishment could not â—e wâ—…l made use of without discovering too much and laying themselves open to persecution Besides that the members of Christian churches being not members of the same notion and therefore led by the only interest of and love to religion a coercâ—…e jurisdiction was nothing so necessary nor was it any thing so frequent to put out of churches as out of synagogues so that the differences between church members being rather differences in their judgements then any want of chariâ—… that magistracy assunted at first by the syâ—agogues when afterwards it was devolved to the Christian churches looked rather like an aâ—…trators judgement and counsell Yet still by that modified magistracy they decided and composed not only matters of faith but also all differences in matter of wrong either in goods mony or good name between brother and brother setting over besides the most eminent that laboured in the word and doctrine some of lesse eminency among them to decide differences and controversies of another nature And no doubt but St. Paul points at this practise 1 Cor. 6. vers 1 2 3 4 5 6. and 7. a notable place which yet was never pressed to the utmost meaning For 1. St. Paul there enjoyneth the Corinthians rather then to go to law to appoint some men besides those that labour in the word to decide all matters that one man might have against another 2. He giveth the same measure of power in settling matters of religion or faith and in composing differences that are usually judged in the magistrates court for learned Diodati by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 matter or businesse saith we must understand civil businesse and the Dutch Annotations say that this matter is worldly businesse So that St. Paul makes the church-power no more ecclesiasticall then civil for the same confederate discipline gave power to ministers to preach and administer the sacraments as did to chosen men of their body to compose friendly by their wisdome and authority such differences as are usually the matter of all courts of magistracy 3. The words of the Apostle Do ye not know that the saâ—nts shall judge the world I conceive to be equivalent to these Seeing ye do now live under a heathen and persecuting magistrate and yet there arise such contentions and debates amongst you as are judged for the most part in secular courts with the breach of charity and losse of time and mony specially the judges being no friends to your persons and religion your best way is to have them taken up friendly by Christian arbitrators of your own churches untill God at length after you have long suffered be pleased to set over you a Christian magistrate to whom you may repair when such differences arise amongst you It is observable that the holy Apostle when he saith is it so that there is not a wise man amongst you c. and set them to judge who are least esteemed speaketh ironically implying that were there no
every society though never so much kept under and in awe can viz. expell any member of their society without giving an account of what they do herein to the magistrate And upon that account might the Corinthians very well expell the incestuous person which act should I hold to have been of the same nature with casting out of the synagogue I see not how any of my opposites could alledge any thing to the contrary But I believe the Lord Jesus Christ and his Apostles had no need to have recourse to that power of magistracy like that of the synagogues assumed by confederation of discipline For 1. In the first preaching of the Gospell there was lesse need of discipline because the number of pastors was greater then of church-members the great work of the ministery being laid upon every man and women converted were to strive to convert others 2. The Apostles and the disciples as Timothy Titus and others who were looked upon as secundary Apostles being conceived to be led by an infallible spirit the people in all controversies arising needed not go far to be resolved or take much time in discussing of them by overseers or elders set a part for that purpose 3. The gift of miracles striking a terrour supplied the place of a discipline therefore Bucer on the 16. of Matth. giveth us this reason why no externall power and jurisdiction was used in the time of Christ which serves also for the time of the Apostles these be his words No commonwealth can be governed without inflicting punishment upon the wicked What was wanting to the church in externall power the Lord Iesus did supply it by a miraculous and singular power and by speciall weapons and a sword called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 12. v. 10. But that extraordinary way of striking terrour into new converts by the power of miracles ceasing Christians being grown numerous and confirmed in the knowledge of the Lord Jesus it was now convenient they should settle churches which they did following the example of the Jewes under a magistrate of a contrary religion for indeed at first Christian assemblies were but synagogues turned into churches so that they needed not to look out for other manner of power and discipline then that which was exercised by the Jewish synagogues Were it granted that excommunication is to be proved by those words Matth. 18. tell it unto the church or by the example of the incestuous person put out of the church of Corinth or by the eleventh chapter of the same Epistle yet this act of exclusion could not be made good not to be such an act of magistracy assumed by confederate discipline as was the casting out of the synagogue Beza in his preface to his book against Erastus alledgeth the opinion of Musculus and Bullinger to be the same with what we now speak of that the first Christians wanting the power of magistracy to restrain them that walked disorderly and wickedly assumed such a power of magistracy to themselves and devised excommunication and that if there had been a power of magistracy in Corinth to punish the incestuous person there had then been no need either of excommunication or of delivering the man to Satan And so far we allow excommunication as it is an act of magistracy assumed by a confederate discipline by the first Christians in imitation of the Jewes for want of a Christian magistrate and not upon any commission granted to the ministers of the Gospell independently from the magistrate or grounded upon the power of the keyes of binding loosing for it were a lesse matter to discard and keep off the magistrate from concurring in acts of exclusion if for the placing it in the ministers the Scripture were not so grossely abused and made to speak what it never intended and that which hath as much strength for upholding the Romish hierarchie as the presbyterian ecclesiasticall jurisdiction Before therefore we come to speak how excommunication from a law of the confederate discipline became to be the main engine to advance the mystery of iniquity we will examine all the places of the new Testament usually alledged by the advocates of the presbyterian jurisdiction to prove that excommunication is a law of Christ and a church-ordinance as well as the preaching of the word and the administration of the Sacraments which are a like committed to the ministers of the Gospell only CHAPTER XXVIII That the whole context Matth. 18. v. 15 16 17 and 18. maketh nothing for excommunication neither Iudas non-admission if granted to the Eucharist nor the delivering of the incestuous person to Satan nor yet the self-examination required 1 Cor. 11. THe first place is taken from the context in Matthew 18. v. 15 16 17 18. a place clear enough had it not been handled by men of prejudiced judgements I wil not loose so much paper time as Mr. Rutherfurd Gillespie have done to make it difficult nor throw so much dust in the eyes of the readers nor repeat all I have said upon this subject in another book I will chiefly restrain my self to Calvins authority to evince that the whole context maketh nothing at all for such an excommunication as is a judiciall act pronounced independently from the Christian magistrate by the ministers of the Gospell 1. Calvin in the fourth book of his institutions chap. 12. § 3. and more expressely in an Epistle to the Neocomenses saith that the offence Matth. 18 15. If thy brother c. ought to be understood of private offences and known only to the party offending and offended These be his words We understand the words of Christ of concealed offences as the words sound therefore if thy brother hath trespassed against thee and it be known to thy self only and there be no witnesse Christ commandeth that thou shouldst repair to him privately And a little lower here it is not meant that hidden sins should be brought to light thereby to shame our brother So that this offence not breaking forth into an open scandall it is not like that the wronged party would have taken a way to put his brother to an open shame or that the Lord Jesus Christ had wished him so to do but rather to make first one or two privy to it and then some more trusty secret friends it may be a colledge of three called a church amongst the Jewes appointed to reconcile disterences between brother and brother which were like the Morum Censores censors of manners or it may be such as are mentioned 1 Cor. chap. 6. who were like the elders spoken of by Ambrose which were not invested with any authority to constrain censure or punish the offender for the words in the 17. verse let him be to thee shew both that the offence was private that the offended party was not to take any other course but only to have no further converse with him For if he offender had been excommunicated by a
Cantons for being to live under a cross magistrate they could not exercise their discipline as a law commanded by the magistrate nor execute their censures of excommunication as acts of the magistrate and therefore the reformed churches of France have upon much better grounds retained excommunication then the churches of Geneva who living under a magistrate that was himself part of the church were not necessitated to divide jurisdictions since the same men who were members of churches were also members of the city and magistracy and since the discipline yea excommunication was a law of the magistrate there was little need to divide powers and jurisdictions which when they should have done all they could must needs stream from the same spring-head But in France they could not be so happy and therefore since they could not have a jurisdiction immediatly derived from their â—agistrate it was requisite they should take up one â—y muâ—uall consent and by a confederate discipline For when the magistrate as it was among the Jewes in their captivity is no countenancer of the true religion nor a keeper of the two tables nor a nursing father of the churches that live under him they musâ— if they can obtain his leave be a magistrate and a law unto themselves and set up a kind of magistracy by mutuall consent not only in their private churches but also in their consistories and synods by which religion and piety may be asserted and errours in lise and doctrine be restrained So that when a private church excludeth a man either out of its communion or assembly this it doth by no other power then a magistrate a town a coâ—poration or a hall should act by in banishing or expelling a member of their own body I confesse few of the ministers in France will acknowledge that their discipline is taken up upon such grounds but rather that it is according to the pattern in the mount and the discipline of Christ as if it were a spirituall censure and a sword committed only to the ministers by a Scripture warrant and from the power of the keyes and of binding and loosing But I much wonder that wise men having a good foundation upon which they may firmly ground their discipline should rather chuse to build it upon the sand and upon the sea shore where it may be soon washt away What man possessing an inheritance by a good title would renounce that and rather feign a false will and testament and upon that ground his title which proving invalid will put him by the inheritance he had a good title to Yet this they do who will acknowledge no discipline but from Christ and will not put a man out of their assemblies but by a power derived to them from Christ But it being proved to their faces 1. that Jesus Christ never chalked out any form of discipline but left it to the prudence and discretion of Christian magistrates pastors and people who in generall are commanded to see that all things be done orderly 2. that excommunication is no otherwise a law of Christ then is the act of putting away a hurtfull member from any society these two things I say being made out to them to be Scriptu e reason and common sense and yet they persâ—sting to have no other grounds for their discipline then those feigned ones who seeth not that their discipline must be groundlesse since they cast away that which might strongly support it Thus they are like a man that cuts off his good leggs and buyes himself wooden crutches to walk upon This is that doctrine that my Paraenesis was so much blamed for by my countrey-men yea nearest kindred as if I went about to take away all discipline and to bring in stead of it disorder and confusion yea further to lay the reformed churches open to the persecution of their adversaries But my conscience tells me I never had any such designe and my reason prompts me that no such thing can be concluded from what I have written of that subject For it is with the discipline of the reformed churches in France under their magistrate as it was with that of the Jewes under the Babylonians Persians and Romans for whereas before their captivity they had no distinction betwixt church and state no other discipline then the law of the land no jurisdiction distinct from that of their magistrate afterwards when they lived under magistrates who were no friends to their lawes and religion they were fain as far as they were permitted to set up a discipline by consent which was in lieu of the magistrate whereof one law was to be casting out of the synagogue which we may call excommunication So that their jurisdiction was no otherwise distinct from that of the magistrate then as the power of a son in ordering his own affairs and religion contrary to the unjust commands of his father is distinct from the paternall power When a man cannot go to the charge of lead he must thatch his house with straw if he wants means to keep a servant he must serve himself and if he wants one to govern him he must be his own governour and yet that power whereby he governeth himself and is master of his own actions is not distinct from that which a governour was to have over him The very same thing the reformed churches in France may say who make use of what magistracy they can contrive and set up among themselves in lieu of their own magistrate who cares not for their religion If they be persecuted while they hold that their discipline is taken up by consent as the Jewes was under strange magistrates I do not see how they will be lesse exposed to persecution when ever they hold that their discipline is not of mans devising but of Christs own appointment For the magistrate doth not give them the liberty 〈◊〉 their discipline under any such notion either as it is confederate and arbitrary or punctually set down in Scripture for either way he counteth their discipline to be but a departing from the true church and their reformation to be a meer deformation So that it matters not much as to their safety what foundation they make their discipline to stand upon Sure it is not like that those that were the authors of the discipline of the reformed churches in France did look upon it as a modell left by Christ to his churches but rather as a collection of rules well digested by humane wisedome and prudence alterable according to time and place For so much saith the last article of their discipline These articles contained in this book concerning discipline are not so determined and ratified amongst us but that they may be altered as the emolument and benefit of the church shall require I hope when all prejudice shall be laid asides no rationall man will deny my principles I have alledged John Mestrezat a very learned man late minister at Paris both in my
Paraenesis and in my Corollarie in a letter of his written but a few weeks before he died where his judgement is wholly consonant to my opinion that all church-government is prudentiall arbitrary and taken up by consent for necessity of order and not for conscience Besides I have the testimony of a very reverend preacher in a famous church in Normandy in a letter of his to me wherein after he hath delivered his own judgement concerning the book he addeth that of one of his fellow-ministers in that church in these words One of my collegues who hath read your first book hath given this testimony of it That he is much satisfied upon the reading of it and that your opinion is so far from weakning our discipline that on the contrary it doth rather streng then it and places it upon its true and naturall bottom Geneva's excommunication had the greater influence upon the minds of the Non-conformists and Puritans in England for the respect they bare to Calvin more then to the Hierarchy metaphorphosed from Romish to English For whatever were the thoughts of some Romish Episcopall Doctors such as the English Hierarchy hath alwayes had the practise of all Bishops courts witnesseth that excommunication was but a law of the Land and of the opiscopall jurisdiction annexed to the Crown Excommunication was not much feared since Prince and subjects left off to be afraid of the Popes thunderbolts Wiclâ—ff begun first to pluck off â—ts vizard and to condemne both the abuse and the use of excommunication for the council of Constance recon'd up amongst his errours this tenet That it was a comfort to the faithfull church that excommunication and suspension and such like lying and feigned censures are not grounded on the law of Christ but are craftily devised by Antichrist But that it may appear that Wicliff held no other excommunication then that which is made in the Court of Heaven the 13. article objected to him as an errour clearly sheweth it Whoever leaves off preaching or hearing the word of God because of mans excommunication they are excommunicated and shall be so held in the day of judgement for betrayers of Christ and the 11. article saith that no man must excommunicate another except he knows him to be excommunicated by God In short whereas our brethren the Scots held that all jurisdiction of ecclesiasticall assemblies synods and presbyteries was derived from Jesus Christ the English people at least the magistrate who would never permit the ecclesiasticall jurisdiction to get up held no jurisdiction but such as was derived from him for even from King Edward the sixths time the soveraign Princes have been very shie of Bishops keeping any courts or calling synods but only in their name Our brethren the Scots had their excommunication from Geneva as well as the reformed churches of France only Andrew Melvin did mightily improve and heighten it But they and the Geneva churches have this disadvantage which those of France never had that these have two pleas for their discipline and excommunication The one is the necessity of a confederate discipline taken up by consent under a cross magistrate by which plea they may justify all the acts of their jurisdiction the other plea if the first prove not strong enough they have in common with all other reformed churches living under an orthodox magistrate and that plea is the discipline of Christ which as it is a second string to the bow of the reformed churches of France if the first should break so it is the only string and hold that the Dutch Scotish and Geneva churches must hold by so that if they cannot make good their jus Divinum of discipline and excommunication they have no plea at all for their jurisdiction distinct from that of the magistrate as the reformed churches of France have This book would swell too much if I should make it good as I have done in my Paraenesis and Corollarium that they have outgone all the reformed in the task of building an empire within the empire of another or in the endeavour to settle a jurisdiction distinct from that of the magistrate having while they strive to run furthest from Popery gone so far about that they have joined issue with Popery in that particular I find three main causes why in Scotland more then in any other nation where religion was reformed from popery the ecclesiasticall jurisdiction hath highest lifted up its head The first is it was not so much any humour or designe of the godly people as opportunity that brought it in For reformation taking its beginning there not at the head but at the foot and in opposition to a persecuting magistrate it was not possible to settle the pure worship of God without a government and jurisdiction assumed within the jurisdiction and distinct from that of the magistrate They having had it some time under a Romish magistrate conceived it was to continue in the like manner under a reformed magistrate and so turned the nenessity of a confederate discipline taken up by consent as it was by the faithfull people of Iuda under a heathen magistrate and by the reformed churches of France under a Christian into a necessity of Divine ordinance which being much countenanced by the great ones of the land who rescued the soveraign magistrate from the Popish party and brought him up from his infancy in the reformed religion the same men who were assertors of the ecclesiasticall jurisdiction against the magistrate when he was no friend of theirs had a fair opportunity to keep it still up when the magistrate was their friend and in their power and possession who when he was grown up to years found the ecclesiasticall jurisdiction too deep rooted for him to master and overbalancing the power that by right as all other magistrates and Kings in the world he was to have over all causes matters and persons So that from that time when King Iames in his â—…per years came to understand that he was a King and no King till he came to be King of great Britain we read of nothing but clashings and conflicts betwixt church court Parliament and ecclesiasticall assembly it being impossible that two coordinate jurisdictions and of the same nature could stand together amongst one and the same people in the same countrey Another cause is that the members of Parliament specially the nobility and gentry being also members of ecclesiasticall judicatories and the ecclesiasticalls having over and above an addition of strength by all the ministers of the land who were not members of Parliament it could not otherwise fall out but that the jurisdiction assumed in churches presbyteries synods and assemblies should not only appear distinct from that of the magistrate but also be raised to a greater height A third reason is that the Kings of Scotland having never had that majesty power revenue and splendour that other Kings abroad had and yet the land full of nobility and gentry
who had great jurisdictions many vassals and retainers the greatest part of which received no luster or increase of dignity or wealth from their Prince these had reason in emulation or opposition to that small number which the King favoured and protected to join themselves with the Kirk party there to find what the court could not afford them I have nothing to say concerning excommunication in the Low-countries but that they have no better plea for it then the churches of Scotland or Geneva I should now close up the history of excommunication by relating how it sped in the Palatinate where I think it was received the last of any reformed church though that place was one of the first that was reformed from Popery This may be seen in an Epistle of Zanchius to Conradus Hubertus in the year 1568. where he relates that for many years there was an attempt made to bring in excommunication which was withstood by many not so much that they had a dislike of it as that for some politick reasons it was not judged yet seasonable to stir further in it however by the mention that was made of it the spirits of men have been much alienated one from another Then he tells us of one George Withers an English-man who being to dispute for his degree of Doctor under Boquinus among other positions had one touching the necessity of introducing excommunication which was opposed with much eagernesse so far that one of his opponents being straitned for time so that he could not alledge all that he had to say against excommunication desired another day of dispuâ—ation which being granted Zanchius saith that the disputation grew so hot that one of the opponents a Minister protested openly against the falsity of the position as contrary to the word of God At which time Erastus amongst others wrote against excommunication It is observable that Zanchius did but favour underhand the advocates of excommunication for he saith for many honest reasons I would not intermeddle but keep silence By what I have related of the practise of excommunication in severall churches and countreys we may easily conceive and apprehend 1. That excommunication when retained upon the account of confederate discipline and as answering to the casting out of the synagogue among the Jewes may very well consist with the peace safety and integrity both of life and doctrine in the churches of France or any other under a contrary magistrate 2. That excommunication retained by churches under a contrary magistrate upon the plea of jus Divinum for their discipline and excommunication may be exercised with as little outward disturbance dispute as if they did retain it only upon the account of confederate discipline but such churches then will not only usurp a power which hath no warrant from Christ but besides will enslave mens consciences laying upon them a yoak which is none of Christs 3. But that excommunication upon what plea soever retained by those churches that live under an orthodox magistrate is inconsistent both with the outward peace of the nation where they live and the inward peace and satisfaction of mens minds 4. That excommunication as it is retained by the reformed churches in France or any other under a magistrate differing from them and upon what plea soever exercised either of confederate discipline or as had by Divine right is not attended with those clashings disputes and inconveniences that it is subject unto among those churches that live under an orthodâ—x magistrate keeping with them the same unity of faith that for these reasons 1. A church-member excommunicated in France will hardly complain to the magistrate for he would but slight his complaints and make a mock of the man and therefore the party excommunicated must needs sit still and stand to the sentence against him but a member of a church excommunicated in Geneva or Scotland looking upon the magistrate as a friend to the religion he professâ—th and a defendour and protectour of his own church-discipline will be ready if he can make his cause probably good and plausible to sue and seek for redresse Hence we see there were more appeals in Calvins time from the church-judicatory to that of the magistrate in the little territory of Geneva then are in a whole age through all the churches of France 2. Church-members under a contrary magistrate will be more united in affections and minds and so will keep closer to the observation of the discipline 3. Under a contrary magistrate members are usually such as believe what they outwardly professe and not like those under an orthodox magistrate where there is more of outward conformity to the religion of the state which is no hinderance but rather a furtherance to honours and prâ—ferments and therefore where there is more evennesse foundnesse sincerity and zeal there must be also a greater submission to the church-discipline and lesse clashings arising from the variety of dispositions in the members 4. There is a great necessity of exercising a jurisdiction among the reformed churches in France for the composing of such differences among themselves as have relation to their doctrine and religion which otherwise being opened to the popish magistrate would but bring our religion into contempt and derision But under a magistrate that is a friend to religion these differences may be with as little fear of scandall and derision to the profession and doctrine made up and reconciled by men of his own appointment and chusing as within a consistory and as well and better by the consistory if delegated thereunto and invested with authority from the magistrate then any other way so that there be but one jurisdiction 5. As there was a great necessity of discipline among the Jewes living under an adverse magistrate which should be in some sort distinct from their jurisdiction so was there lesse need either to have it divided from that of the magistrate when he was a countenancer of their religion or to have any at all more then the law of the land The like may be said of the Christian churches I will conclude this charter with two or three passages out of Andrew Rivet my much honoured Uncle when he lived and whose authority is of great weight with all the Divines of this land namely the presbyterian ministers and which taken into consideration will be found to deliver as much as ever I have asserted though none yet hath inveighed against him as an Erastian and an enemy to order and discipline They are all to be found in his exposition of the decalogue tom 1. about the 1373. page It cannot be denyed but that the principall duty in asserting and vindicating religion yea in establishing it pertained to the King of Iuda for when ever the Kings mind changed there was alwayes a change in religion which change whether for good or bad is alwayes attributed to the King as his act and deed neither could ever the chief Priests procure a
change for the better or hinder a change for the worse The King or another magistrate as he doth not ordain so he doth not depose formally as I may so speak or administratorily yet he doth it of himself not only by his counsell command and authority for he may command it when there is just cause of deposing a minister to those that have that power in the church who in that case and there being just cause for it if they do not obey and do what he commandeth are subject not only to wrath but also to Gods judgement Ministers as ministers are subjects to the soveraign magistrate why then should it not be lawfull to appeal from the judgement of subjects to the supreme magistrate and why may it not be lawfull for the supreme magistrate to review the judgements of his subjects to ratify them if they be good and to abrogate them if they be bad There is a subjection of the magistrate to the ecclesiasticall senat but not of jurisdiction as under a command but of direction and counsell CHAPTER XXXIII The judgement of some Divines yet living both of the argument in hand and of the writings of the Author Of some mens strong prejudices against harsh censures of him I Have through all this book and in the first section of my Corollarium proved that I have digressed nothing in my Paraenesis from Scripture reason about the right of churches and the magistrates power in matters of religion but my opinion is also confirmed by two kinds of authorities of learned and orthodox Divines The first kind of authorities is of those that for the main concur with me or rather I with them such are Zuinglius Musculus Bullingerus Gualterus Mestrezat Mr. Jeremiah Burroughs Mr. Lightfoot c. The second kind is of those that though in generall they profess to be for a church-government distinct from that of the magistrate yet if one take notice of all the positions concerning that argument which each of them admit and grant will be found jointly though not every one of them considered a part to say as much as I just as the Protestants doctrine will be found in all though not in each of the Romish authors overcome by the evidence of truth in the handling of some points controverted betwixt them and us as Scotus confesseth that Transubstantiation hath no ground in Scripture Cajetan denyeth the Popish indulgences Bellarmin after he hath much heightned the merit of works concludeth with a â—utissimum est and flieth to the righteousnesse of Christ apprehended by faith as the safest anchor to stay a staggering Christian Jansenius is right in the doctrine of grace all the rest in some positions or other hold with us And of this kind are Bucer Martyr Jewell Zanchius Reynolds Camero Rivet and many more who besides by yielding an inch have given us a whole handfull to believe that what we have discoursed of the nature of power lawes judgement the right of churches and the magistrates power in matters of religion is both reason and Scripture For whoever admits as most of these authors do that the judgements of Pastors in presbyteries synods are subordinate to that of the soveraign Christian magistrate and that appeals from church-judicatories to the magistrate are grounded upon Scripture reason and the practise of all nations and besides saith that the magistrate is the supreme governour and head of the church over all causes and persons whoever I say grants these to be truths must needs overthrow ecclesiasticall jurisdiction and power of excommunication except it be in subordination to and dependently on the magistrate But among all the reformed Divines who appear in the throng of those that hold an ecclesiasticall jurisdiction and a government distinct from that of the magistrate none hath delivered positions in print so near the language of Mr. Coleman as Ludovicus Cappellus pastor and Professor at Saumur yet living hath done which passing currant for truth from the mouth of Cappellus if they had fallen from Mr. Coleman would have been taken by our brethren the Scots for pernicious and dangerous tenets and mere Erastianisme In the first part of his Theses Salmurienses de potestate regimine Ecclesiae thes 12. he saith that pastors have properly no other jurisdiction then that which subdueth the affections of the world and the flesh when the spirit of Christ in the word restraineth the assaults of Satan that there is no other authority of governing the church then what is seated in Christ the head when by the efficacy of his spirit he enlighteneth the mind and convinceth the conscience In his 40. thesis he saith that the constitutions of the church have authority no further then as they agree with reason In his 41. and 42. he puts equall stresse of duty upon the magistrate in governing and ordering the church the commonwealth as being keeper of one table as well as the other These are his words in Latin Porro his de rebus dispiciendi atque statuendi ita penes ecclesiam hoc est ecclesiasticos quos vâ—cant viros est potestas ut si magistratus pius Christianus sit fierâ—id non debeat non modo sine ejus consilio conscientia verum etiam sine ejus authoritate qua ea quae videbuntur in hoc genere conducibilia confirmentur vimque legis obtineant Is nempe est utriusque divinae legis Tabulae vindex atque custos ad quem propterea pertinet etiam pastores si cessent vel peccent in officium movere objurgare ubi opus fuerit castigare denique prospicere atque providere ut omnia tum in ecclesia tum in republica seu politia recte ordinate fiant utque ordinis legitime constituti turbatores violatores pro merito puniantur This he seemeth to speak after Pareus in his Miscellanea Catechetica art 11. aphoris 18. where he layeth upon the magistrate a greater duty in governing the church then the commonwealth and more in keeping the first table then the second Hoc vero jus gubernandi ecclesias sacra Scriptura disertim magistratui attribuit ut ei quemadmodum tenetur procurare ut bonum civile in foro judiciis legitime administretur ita non minor imo longe major ejus cura esse debeat ut jus Divinum bonum illud animarum hoc est vera religio pietas subditis suis in ecclesia scholis ad aeternam eorum salutem proponatur juxta legem testimonium idem docent exempla laudatissimorum regum Davidis c. Sic Paulus affatur Christianos Romanos Minister est Dei tuo bono ubi intelligit omne bonum tam civile terrenum quam ecclesiasticum seu spirituale secus namque magistratus homini Christiano non plus commodaret quam infideli Ac sane dolendum est rectius in hoc capite sensisse olim ethnicos qui unanimi consensu regi suo demandarunt
wise men amongst you such as you must appoint yet the matter they are set over is not so knotty and hard but that men the least esteemed amongst you so that they were honest men might well understand and decide it Reverend Mr. Lightfoot upon the closure of the fifth chapter and the beginning of the sixth of the first to the Corinthians is of opinion that this is the meaning of that place these be his words Afterwards to take the Corinthians off from going to infidel judges he requireth them to decide the matter themselves till the time come that the saints shall judge the world that is till the time come that there shall be a Christian magistracy Origen upon the 21. of Exodus Homil. 11. makes it clear that this is the meaning of the Apostle by telling us the practise of churches in his time Principes populi presbyteri plebis debent omni hora populum judicarc semper sine intermissione sedere in judicio dirimere lites reconciliare dissidentes in gratiam recordare discordes The heads and elders of the people ought every hour to judge the people alwayes and without intermission to sit in judgement decide controversies reconcile those that have differences and make those friends that are at variance Here is magistracy assumed by church-members when by their consent elders and wise men are appointed to take up such differences in a friendly way and such controversies betwixt brother brother as otherwise were to be adjudged before secular judges I should ask here our presbyterian brethren by what power ecclesiasticall or civil were from metters decided and judged in Origens time and in case by that assumed power of magâ—…acy any one had been either put by from the communion or put out of the assembly what needed he to have recourse to the ecclesiasticall power when the other power was sufficient to have doâ—… it yea when the ecclesiasticall power could never do it without a power of magistracy These be the words of Anton. de Dominis lib. 5. cap. 2. without a lay-power we can doe nothing we cannot by our ecclesiasticall power put out take off and expell The same Origen in his 1. book against Celsus speaketh of that magistracy assumed by consent and mutuall agreement called by him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There be some appointed to enquire into the manners and wayes of their living who frequent churches that so they may keep those off from coming into their assembly that stain their lives by foul and unworthy actions and admit with all readiness those that are otherwise and make them daily better Though by their power of magistracy assumed by consent they might put out any one that was already a church-member yet it seemeth it was not the settled practise in Origens time but only as to admit good men so not to receive into their society those that they did not know to be such No excommunication was then in use with him for as the admitting a good man into church-fellowship is no absolution so the not receiving a bad man into the church is no excommunication This is confirmed by Justin Martyr in his 2. Apologie where he saith No man else is permitted to receive that aliment called with us the Eucharist but he that believes our doctrine is true and hath been washed by the washing for remission of sins For there Justin speaketh not of church-members only he saith that heathens and unbaptised men are not to partake of the Sacrament of the Eucharist or to have any part in those mysteries Of the custome of excluding church-members I confesse we read in Tertullian and Cyprian answerable to the Niddui and Cherem of the Jewes Tertullian in the 2. chapter of his Apologetick speaketh of the like confederate discipline or power of magistracy taken up by consent and in the 39. chapter he maketh an enumeration of all the parts of that discipline I should now have done with Origen intending next to alledge Ambrose confirming what Origen saith concerning the practise of the church agreeable to the counsell and command of St. Paul only I will take notice farther from Origen of the face of the church in his time and of the power assumed then by the Christians Celsus a great Philosopher and enemy to the Christians did accuse them that they had a discipline quite different from the lawes of the Romans that they kept private conventicles and there had a particular secret covenant law and discipline no lesse repugnant to the lawes of the Emperour then if they had been in open rebellion And indeed even among the Grecians these private meetings were sometimes forbidden although the state were nothing concerned in them they being to no other end but to perform some religious service For Cornelius Nepos that Alcibiades was condemned to dye for performing some religious worship it may be sacrifice at his own house Origen answereth by alledging an example very fit to our purpose and applyable to the nature of the power that Christians and private churches do exercise under a persecuting magistrate He bringeth an example of a stranger living among the Scythians who must either conform himself to the ungodly lawes of that nation or be a law unto himself This same stranger saith Origen cannot be said to violate the lawes of the Scythians if he doth not worship Statues but doth privately worship the true God and in a right manner and if he be a law unto himself This is the case about the nature of the power exercised by churches and an answer to that so much urged objection that the Christian churches have been long without a magistrate therefore governed by a power distinct from that of the magistrate For 1. Origen implyeth that if the lawes of the Scythians had been good and tolerable that then this stranger had been obliged to obey them 2. The lawes of the magistrate being ungodly this stranger living in his dominion must do his best that he his family and adherents be a law and a magistrate unto themselves and perform by a dictate of conscience what the magistrate was to enjoin and command Here none will say that this stranger living among the Scythians governeth himself by a power distinct from that of the magistrate for so Philosophers and Mathematicians who were often forbidden in Rome and banished yet lurking in corners and having private conventicles might likewise be said to be governed by a power Philosophicall Mathematicall distinct from that of the magistrate and a sonne to whom God hath given the grace not to hearken to a bad father must not be said to govern himself by a power distinct from the paternall for indeed such a son is a father to himself The like may we say of private churches under a persecuting magistrate who are fain to settle a magistracy by consent of all the members of the churches as the synagogues were faign to be used when they lived under a magistrate that was
not of their own nation and religion then they performed by a confederate discipline what the magistrate was to enjoin and command them The confession of Basilartic 6. hath a notable saying speaking of the duty of magistrates to propagate the Gospell as they are magistrates This duty was enjoyned a magistrate of the gentils how much more ought it to be commended to the Christian magistrate being the Vicar of God If then the heathen magistrate fails of his duty in not propagating the Gospell those that live under him and are better minded ought to supply the part of the magistrate in that particular and yet in doing of that they do but perform their own duty and businesse like as a master leading his horse down the hill his man being out of the way doeth both his own businesse and that of his man and both employeth his own strength in guiding an unruly horse and supplieth that of his man or which expresseth more lively the thing in hand as the Duke of Somerset in training up Prince Edward in the true religion did both do his own duty and that of Henry the 8. his father who being wanting to his duty in shewing his power authority to have his son brought up in the true Protestant religion Somerset Cranmer and others were not to be wanting to theirs and yet were not to act by a power distinct from the power of the King for if so then when ever a power is exercised rightly and yet against an unlawfull command of a superiour we had need to give a new name to that power and there would be as many kinds of power as duties to be performed Having done with Origen I come to Ambrose whom I was to alledge upon the 1. of Timothy relating to the places of St. Paul and Origen and to the power of magistracy assumed by churches There he teacheth the custom both of the synagogues of Christian churches of having elders that composed in stead of the magistrate controversies arising amongst church-members saying that first synagogues and afterwards churches had elders without whose advice there was nothing done in the church and wondreth that in his time which was about the year 370 such men were out of use which he thinks came by the negligence or rather pride of some Doctors who thought it was beneath them to be esteemed the lesse in the church as S. Paul saith of them while they are to decide controversies not as judges invested with a coercive power but only as arbitrators and umpires But the true cause why these elders ceased which he wisheth had been still continued he mentioneth not but the true cause is when the magistrate that was for above 300. years heathenish became Christian these arbitrators and elders ceased in great part at least they were more out of churches then in churches and in stead of them the Emperours created judges which yet retained much of the nature of those whereof Origen and Ambrose speak and which were invested as most of the Lawyers affirm as Cujacius for one with them my Rev. Father in his book de Monarchia temporal and in his Hyperaspistes lib. 3. cap. 15. not with a coercive jurisdiction but as they term it audience hence comes the Bishops and Deanes and Chapters Audit However such arbitrators sate in a court and were chosen by the Christian Emperours and were not members as before ever since St. Pauls time chosen by the members of that church where the contention did arise betwixt brother and brother and at that time it was not thought a violation of the command of St. Paul if a wronged brother had gone to secular judges because they were not infidels but Christians faithfull and saints as the Apostle termeth them 1 Cor. 6. 2. therefore it was free for any lay-man or other either to repair to the Audit of the Bishop or to the secular judge Which custome Ambrose doth not like so well as when Jewes and Christians were obliged by the law of their discipline to have controversies decided by their own elders Certain it is that these elders though they were not as Ambrose wisht they had been in his time arbitrators in those churches whereof they were members kept that office a long time under Christian Emperours but with more authority and dignity because they were countenanced by the Emperours their masters We have them mentioned pretty late even in Theodosius Honorius and Arcadius time for in one law they enjoin that ordinary judges should decide the contentions between Jewes and Gentils not their own elders or arbitrators Thereupon it is worth considering that that title which in the Theodosian Code is de Episcopali audientia in the Justinian Code is de Episcopali judicio a main proof that these judgements in episcopall courts had much still of the nature of those references in churches under the heathen Emperours These episcopall courts were set up by the Emperours to favour the clergy that they might be judged in prima instantia by their own judges for if either party had not stood to the sentence of that court they might appeal to the secular court The words of the 28. Canon of the councell of Chalcedon are very expresse If a clerk hath a matter against a clerk let him not leave his Bishop and appeal to secular judgement but let the cause first be judged by his own Bishop Now this episcopall court being in substance the same power with that of the elders mentioned by Ambrose which were first in synagogues and then in Christian churches under the heathen Emperours one may plainly see how weak and sandy the grounds are upon which ecclesiasticall jurisdiction and the power of the keyes and of binding and loosing in the hands of church-officers is built which government say they is the government of Christ and is to be managed by those church-officers by a warrant from Christ the mediatour For Constantine erecting an episcopall court and empowering the judges of the court to decide causes and controversies did not intend to give them a commission of binding and loosing or to put into their hands the keyes of Heaven so delegating a power which was none of his to give but only granted what was in his own power namely that some magistrates under him should set all things in order in the church and among the clergy Besides he intended to set up that magistracy which was through the necessity of the times assumed first by synagogues then by Christian churches under persecution for sure Constantine did not place the power of the keyes of binding and loosing in the exercise of that power managed either by the elders which Ambrose mentioneth or by the episcopall court erected by himself Neither Constantine nor any of his successours did ever conceive that churches were to be governed by any other power then their own as all other societies of men were In this episcopall court any cause between man and man