and the parts the Soveraign and the Subject According to this method though mine ability be not much I have spoken of a Community both Civil and Ecclesiastical and of a Common-wealth 1. Civil then 2. Ecclesiastical In both the first part is the Soveraign where I enquire 1. Into his power civil and then into the spiritual power of the Keys in the Church 2. I proceed to declare how the Civil Soveraign acquires or loseth his power and how the Church derives her power or is deprived of it 3. The next thing is the several ways of disposing the power civil in a certain subject whence arise the several forms of Government civil and the disposal of the power of the Keys the primary subject whereof is not the Pope or Prince or Prelate or Presbyter or People as distinct from Presbyters but the whole particular Church which hath it in the manner of a free State. Here something is said of the extent of the Church After all this comes in pars subdita both Civil and Ecclesiastical where I speak of the nature of subjection and of the distinction division and education of the Subjects both of the State and Church All this is done with some special reference both to the State and Church of England desiring Peace and Reformation If any require a reason why I do not handle Ecclesiastical Government and Civil distinctly by themselves without this mixture the reasons are especially two 1. That it might be known that the general Rules of Government are the same both in Church and State for both have the same common principles which by the light of Reason Observation and Experience may be easily known but especially by the Scriptures from which an intelligent Reader may easily collect them Therefore it 's in vain to write of Church-Government without the knowledge of the Rules of Government in general and the same orderly digested The ignorance of these is the cause why so many write at random of Discipline and neither satisfie others nor bring the Controversies concerning the same unto an issue 2. By this joynt handling of them the difference between Church and State Civil and Ecclesiastical Government the power of the Sword and Keys is more clearly as being laid together apparent For this is the nature of Dissentanies Quod juxta posita clarius elucescunt This is against Erastus and such as cannot distinguish between the power of ordering Religion for the external part which belongs unto the civil Soveraigns of all States and the power of the Keys which is proper to the Church as a Church Yet if these two Reasons will not satisfie and some Reader may desire and wish they had been handled dictinctly he may read them as dictinct and several even in this Book I my self had some debate within my self what way I should handle them yet upon these reasons I resolved to do as I have done section 12 A Common-wealth once constituted is not immortal but is subject to corruptions conversion and subversion The Authors of Politicks following the Philosopher make these accidents the last part of their Political Systems and some speak of them more briefly some at large and declare the causes and prescribe the Remedies both for prevention and recovery Corruption is from the bad constitution or male-administration and both Soveraign and Subject may be and many times are guilty The conversion and woful changes and also the subversion and ruine is from God as the supream Governour and just Judge of Mankind who punisheth not only single and private Persons and Families but whole Nations and Common-wealths Of these things the Scripture humane Stories and our own experience do fully inform us But of them if it may be useful I shall speak more particularly and fully in the second Book the subject whereof in general is Administration in particular Laws and Canons Officers of the State and of the Church and Jurisdiction both Civil and Ecclesiastical The reasons why I desire to publish this first and severally from the latter part are partly because though the first draught of that latter part was finished above half a Year ago yet I intend to enlarge upon the particulars partly because I desire to know what entertainment this first part may meet withal for if it be good I shall be the more encouraged to go forward but chiefly because the most material Heads and Controversies are handled in this which is far more difficult The latter will be more easie yet profitable and useful especially if some of greater ability would undertake it The God of Truth and Peace give us Humility Patience Charity and the Knowledge of his Truth that holding the Truth in Love we may grow up unto him in all things which is the Head even Christ to whom be Honour Glory and Thanks for ever Amen FINIS * vid. Comin de bell Neap. lib. 5. Scope of the Work. Means to prevent Errors Sect. 1. The reason of differences in Church-Affairs What a Common-wealth in general is Foundation of the Work. Constitution Community in general De C. D. lib. 19. Cap. 21. Cap. 22. What Community Civil is Original of community Members of a Community Ecclesiast Community A good ground of Childrens right to Baptisme What hinders Reformation A Community formed is a Commonwealth De C. D. Lib. 19. cap. 13. Neighbour a notion of Society Majesty in the People really c. Real Majesty greater than Personal The mistake of Junius Brutus Buchanon Heno A Parliament cannot alter a form of Government A happy Community Majesty Personal Acts of Personal Majesty 1. Without Within Soveraigns must order Matters of Religion Civil matters Properties of Majesty Fundamental Charter of Civil Majesty Power how got Justly got extraordinary How Kings must govern Ordinarily By Election Best Government By Conquest Vsurpation Subjects may defend their Rights What destroys Personal Majesty Bracton Kings duty Binds not posterity Majesty when forfeited When Subjection ceases a Isa. 22.2 Vers. 21. b Rev. 1.18 1 Cor. 3.7 d Mat. 16.29 e Joh. 20.22 23. f 1 Cor. 5.12 g Ibid. h Ibid. 13. 11 Quaest. in vesperiis Dib 4. dist 8. Quaest. 2. What a King is What the King cannot do Parliament best Assembly Parliament Members qualified Wittena Gemote What the House of Commons is The End of calling the House of Lords What Barons called to Parliament Power of Parliament without the King. Why Kings Consent required First subject of Personal Majesty What the Parliament cannot do Who gave Crown Prerogatives and Parliament-being Kings of England no absolute Monarchs Cause of England 's Miseries What observable in our sad Divisions How to judge of our Divisions What charged on the King. Disobedience to King unlawful Parliament accused acquitted The cause changed Treaty at the Isle of Wight The 〈◊〉 works 〈◊〉 God among us Sect. 22. What may be the best way of settlement Qualification of Parliament members What to be looked into by a Parliament first * Non assumit Rex vel jus clavium vel censurae sed quae exterioris politiae Tort. Torti pag. 318. Rex qua Rex habet primatum Ecclesiasticum objective qua Christianus effective qua Rex actu primo qua Christianus secundo Mason de Minist Angl. l. 3. pag. 312. Primitive Bishop His Power Hierarchical B. B. His Power Hierarch Jure Humano * De Repub Eccles. lib. 2. c. 3. sect 7 8 9. Sect. 7. * Act. 8.14 * Ludovicus Arabelensis Lewis Arch-Bishop of Arles President in the Council of Basil. English Bishops What Dean and Chapters were English Bishops not Jure Divino * Lib. 3. c. 3 4. Tit. de praescript adversus haereticos Job 37.12 Prov. c. 12.5 * Gal. 1.1 * De. polit Ecclesiastica l. 3. c. 7. p. 26. * Tort Tor. p. 41. * Vignierus de excommunicatine venatorum The Church the Subject of the Keyes As in the Fundamental Office of Christ. Church-government what Who guilty of Schism Who Schismaticks Parish no Congregation Christian What Church the primary subject of the Keys The supposed end of the Congregational notion The subject of the whole Treatise * Isa. 49.23 Chap. 60.16 22. * Chap. 55.34 * 1 Cor. 11.34 * In his Book of the Church c. 8. p. 63. Best means to reform and unite a Church Divided What 's the chief interest of a Nation as Christian. Soveraign real Personal Measure of subjection rightly bounded The rational part of a people the heir of real Majesty The Sacrament what Education What makes a Church-Member Who a Visible Saint Division Subordination of that Church when Subordination of Bishops prudential Episcopal Hierarchy not of Divine Authority Bishops over Presbyters uncertain The Pope the Man of Sin c. Prelacy the occasion of Hierarchy and that of Papacy England under no foreign Primate What a Bishop was at first No Divine Testimony for Bishops Bishops of good use not of necessity A special Work of the Levite
Rulers of the World. And he makes use of Angels Men Armies all Creatures to execute his righteous Judgments 6. Majesty hangs very loosely upon such as do possess it they have no strong hold of it It 's easily separable from man and man from it and it 's more easily lost than acquired and acquired many times more easily than kept Therefore it is that a Scepter is so easily turned to a spade and a spade unto a Scepter 7. Here is the proper place to examine 1. Whether Majesty can be conferred upon any person or persons upon condition 2. Whether once conferred and received it can be forfeited Not to be conditionally given and received not to be liable to forfeiture are not Jura Majestatis as Mr. Hobbs improperly calls them but if they any ways agree to Majesty as it will be hard to prove they do they are rather adjuncts than any thing else For the first Whether they be given upon condition or no cannot be well determined except we distinguish of this Power as given by God and as given by Man. 2. Between Majesty real and personal 3. Between personal of the first and of the second degree 4. Between the Sovereign materially and formally considered 1. God never gave any Power or Majesty Real or Personal but upon condition 1. That the receiver use it well 2. That he may take it away at will and pleasure 2. Real Majesty cannot by Man be given upon condition to a Community as free and such in proper sense 3. A Community may give personal Majesty upon condition and by the Laws of God cannot give it otherwise And the Condition is that they use it well and for the good of the people according to the eternal Laws of divine Wisdom and Justice for that very end for which God ordained all higher Powers and civil Government And no good Sovereign will desire it upon any other terms Hence the Oaths solemnly administred to the Sovereigns of the World which the people impose upon them not as Subjects but as members of a Free Community and this imposing referrs to the first Constitution and the fundamental Law of Government This is clear enough in the first institution of a King in England as the Myrrour tells us The Conqueror received the Crown upon the same terms And some good Lawyers inform us that before the King had taken his Oath to the people he could not require an Oath of Allegiance from them Therefore Sir Edward Coke must be warily understood when he makes the Coronation but a formality For though the setting of the Crown upon their Heads which is but a sign of Dignity and Honour be but a Ceremony yet the matter of his Oath is essential to the making of him King and if that being the substance of the fundamental Contract be not presupposed as first consented unto he cannot be a King. Bracton who advanceth our Kings as high as any antient Lawyer saith Ipse autem Rex non debet esse sub homine sed sub Deo Lege quia lex facit Regem Attribuat igitur Rex Legi quod lex attribuit ei videlicet dominationem potestatem Non enim est Rex ubi dominatur voluntas non lex l. 1. c. 8. And here he seems to understand not only the Law of constitution but administration That he means the latter is plain when he saith Non debet esse major eo in Regno suo in exhibitione juris He formerly asserted that Rex non habet param in Regno suo which is true in respect of every single person otherwise we know the King may be judged With this agrees that of the Myrrour That it was the great abusion of all to say the King was above the Laws to which he ought to be subject And we know who makes these Laws Arnisaeus who is so zealous for absolute Monarchs confesseth with the Philosopher that ubi leges dominantur the King cannot be absolute He observeth three kinds of Oaths which Princes take The 1. Is to maintain Religion The 2. To do their Duty The 3. Whereby they subject themselves to the Laws Such are the Oaths to be taken by the Kings of Poland Swethland Denmark and England whose Coronation-Oath includes all the three Yet this very man having no better Author than Holinshed is bold to affirm that our Kings were absolute hereditary Monarchs Bodin and Bisoldus seem to be of the same mind And if they be such then saith Arnisaeus they are Kings before they take their Oaths and hereditary too But who told him so How will he prove it We know for certain it 's otherwise and our Antiquaries in Law will say that he is very ignorant and yet very bold if not an impudent flatterer That Bodin with him and others should make the King of France absolute there may be some colour if we look upon their practice for they act very highly as absolute Princes Yet if Hottoman a better Lawyer and a far greater Antiquary than either Bodin or Arnisaeus be true the Kings of France are made Kings and receive their Crowns from the first investiture and that upon conditions Neither is there any Government which hath a rational and just constitution which may be known by ancient Records or unwritten constant Customs but will manifest that the Sovereigns thereof receive their Crowns and keep them upon certain conditions different from the written and natural Laws of God. And it 's remarkable that no Constitution can be good or allowable which is not agreeable to those Laws It 's true that if a people design one or more Persons to be their Sovereign and promise absolutely to acknowledge them by that designation and promise they are bound to grant him or them all the power whereby he or they may be absolute Sovereigns and if they will keep their promise they must not they cannot put any conditions upon him or them which may tend to the diminution of the Power already given And they may give it so as that he may as absolutely transmit it and derive it to his Posterity Yet if any shall do thus and set up such an absolute Sovereign that very Person or his Successor may be considered materially as such or such men or formally as such Sovereigns Materially considered especially as such as not yet invested they may be bound to such conditions as upon the non-performance of them they may forfeit But consider them as actually and absolutely invested there can be no such Obligation neither can any Conditions or Oaths be imposed upon them except they be willing to accept of them Yet if any people constitute such a Soveraignty it 's to be examined how justly and wisely they have done and whether they have not enslaved both themselves and their posterity and laid the foundation of their own misery and ruine And if this Constitution be neither just nor wise I cannot see how it should bind posterity And I
which should be united Some desire to propagate their own Opinions though false unprofitable blasphemous and their design is to draw Disciples after them These prevail the more because they find the minds of many so ready to receive any impression For some have itching ears and every new and strange opinion doth affect and much take with them Few are well grounded in the principles of Christian saving truth so as to have a distinct methodical knowledge of them with an upright humble heart disposed to practise what they know for a distinct knowledge of Fundamentals with a sincere desire and intention to practise and live accordingly are excellent means to avoid Errors for such God will guide in his truth some aim at an higher perfection than this life can reach and boasting of their high attainments insolently censure others or look upon them with scorn and contempt as far below them Some design to make Men Scepticks in all matters of Religion that then their minds being like Matter ready to receive any form they may more easily imprint upon them what they please yet in the issue many of them prove Atheists and enemies to all Religion The grand Politicians and chief Agents who do least appear animate the Design take all advantages watch all opportunities single out the fittest persons and make men even of contrary Judgments and of a temper quite different from themselves instrumental and efficient to their own Ruine yet I hope that God in the end will not only discover but disappoint them All these bandy together and do conspire to destroy the Protestant English interest and it 's a sad thing that Orthodox Christians take little notice of these things but fearfully wrangle about matters of less moment to the great prejudice of the necessaries and substantials of Religion section 5 All this is come upon us for our neglect and abuse of a long continued Peace and the light of the Gospel shining so gloriously amongst us We are guilty but God is just and also merciful and wonderfully wise For he is trying of us to purge away the Tin and dross and he expects that we should search more accurately pray more fervently and more humbly depend upon him whose wisdom is such as that he can and will bring light out of darkness good out of evil and a far more excellent Order out of our confusions The prayers of the upright for this end are made and heard in heaven already and what we desire in due time shall be effected For he will comfort Sion he will comfort all her waste places and he will make her Wilderness like Eden and her Desart like the Garden of the Lord. This indeed is a work to which man contributes little hinders much retards long that Gods hand and Wisdom may the more appear and that he may have the glory In the mean time Christ takes care of the universal Church and the parts thereof converting some confirming others and directing all true believers to eternal Glory and though a storm be raised and the same very terrible yet it 's nothing but we may be confident when we consider the skill and miraculous power of our Heavenly Pilot. section 6 My intention is not to instruct the learned who are more fit to be my Masters yet to these endued with far more excellent gifts I would give occasion and also make a motion to exercise their improved parts and learning in this Subject and do this poor distracted Church of ours a part of the universal some far more glorious service God may make me though very unworthy an instrument of his Wisdom to inform the ignorant and remove their Errors and correct their mistakes It may also through God's Blessing contribute something unto Peace by uniting well affected minds I am enemy to no man yet professedly bent against errors and that not only in others but also in my self if once I know them I am not pre-engaged to any Party but a servant unto truth and devoted unto Peace I wish I may not be prejudicate or partial or precipitate as many do who contend to maintain a Party or a Faction but do not care to search out the truth these do not close up but open the breaches amongst us and make them wider and leave others unsatisfied Our differences be so many and so great that we seem to be uncapable of any Peace yet God can do wonders and we may trust in him who in his time will give us Peace if not on Earth yet certainly in Heaven the place of our Eternal Rest. CHAP. II. Of Government in general and of a Community Civil CHurch-Government presupposeth the Rules of Government in general therefore he that will know the latter must understand the former For he that is ignorant of Government must needs be ignorant of Church-Government and this is the very case of many in our days and this is one cause of many differences amongst us at this time to give some light in this particular I will say something of Government in General the Government of God whereby he more immediately orders man to his final and immortal estate I have according to my poor ability declared in my Theopolitica or Divine Politicks therefore I will confine my discourse to the Government of man by man or rather the Government of God by men set over men For God communicates some measure of his Power to mortal men and such as are entrusted with it become his Vicegerents and bear his name according to that of the Psalmist I have said ye are Gods Psal. 82.6 My design in this Treatise is not to deliver an exact Systeme of Politicks yet I will make use of those rules I find in political writers of better rank but with a reservation of a liberty to my self to vary from them as I shall see just cause To pass by the distinction of Government Monastical and Oeconomical I will pitch upon that which is Political The subject whereof is a Community and Society larger than that of a Family and may be sufficient to receive the form of a Common-wealth section 2 To this end we must observe what Politica which some call the rule of Government of a Politie is 2. What a Politie or Common-wealth 3. What the parts of Politica be Politica or Politicks is the act of well ordering a Common-wealth A Common-wealth is the order of Superiority and Subjection in a Community for the Publick Good. Of Politicks there be two parts the constitution administation of a Common-wealth These Rules are the foundation of the following Discourse and inform us that Politica is an act that is a rule of Divine Wisdom to direct some operations of the Creature for so I understand it here 2. That the Object of this rule is a Common-wealth 3. That the proper act is to direct how to order a Common-wealth aright so that it may attain its proper end 4. That the subject
many and as the Persons united have one common Reason Will and Power so they all communicate in these things and do certain common Acts as a Society which are acts not of a part but of the whole Yet these things Acts Rights Priviledges Interests differ from those which are common either unto other Creatures or Mankind in General This Society was ordained of God for the benefit of mankind and tends much unto their good and happiness temporal at least For God saw at the first Creation that it was not good for man to be alone therefore he created Woman who together with Man was the root and Original of all Humane Societies Gen. 2.18 Two saith the Preacher are better than one and woe be to him that is alone Eccles. 4.9 10. where his principal intention is to shew the excellency and benefit of Society yet he presupposeth Love Humanity and a nearer affection to those of one and the same Society than to all mankind in general and in this Civil Society there must be Families to distinguish it from single Persons and Vicinities to difference it from Families and 2. An association both rational and just so 3. There must be in them thus associated an immediate capacity and fitness to receive a Common-wealth or form of Government For though this association conduceth much unto their safety help comfort and furnisheth them with many things not only necessary but convenient which without association they could not so easily enjoy yet without a form of Government these advantages could not be so firm and lasting This fitness capacity and immediate disposition to a form of civil Government doth not arise so much from the multitude of the persons or extent and goodness of the place of their habitation as from their good affections one towards another and the number of just wise and eminent persons amongst them who are fit not only to be the matter of a state but to model it and order it once constituted experience hereof sufficient we have at this day in this Nation for so many and great are our differences both in judgment and affections and our several interests so contrary that the same Language Laws Religion common Country cannot firmly unite us together but we are ready every moment to fly asunder and break in pieces if we were not kept together rather by the sword of an Army than by any civil Power and Policy or good affection this is a sad condition and a just judgment upon us for our sins section 6 This is the first thing whereof I thought to inform the Reader that he might the better understand the nature of a Community before I said any thing of the original thereof which is the next in order The original is either natural or accidental The natural source is that which hath some principles in the Creation of man who though fallen retains something of Creation whereby he continues not only a reasonable creature but also sociable For man by nature as the Philosopher observed is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sociable creature because he hath not only reason but speech without both which there can be no human Society as humane amongst us This natural propension to Society presupposeth mankind actually existing and multiplyed therefore it pleased God at the first to make man and Woman the foundation of a Family and Families of Vicinities this is the reason why the Authors of Politicks following the Philosopher speak so much of oeconomical relations as the foundation of a Community The first Relation is of Man and Wife the second of Parents and Children the third of Masters and Servants God at the beginning did give men not only reason and language but a power of Generation with a blessing so that one man and one woman joined in the sacred bond of Matrimony became husband and wife first and then Parents of children and of Childrens children till they multiply to a numerous Posterity Thus God blessed our first Parents before and Noah's Family after the Flood that they replenished and peopled the Earth and became not one but many Communities And it was a strange providence and wonder to divide the multiplyed Posterity of Noah by diving the Language into several companies and disperse them into several parts of the Earth and hence the many Societies of the World and their different Communities God Promised Abraham to make him a Father of many Nations that is not only of many civil but spiritual Societies Gen. 17.5 and he said to Rebekah two Nations are in thy womb Gen. 25.23 Thus Jacob's Family multiplyed in Egypt to a great Community so that the original of Societies civil are from God the cause of all things 1. As making men and enduing them with reason and speech 2. As multiplying and blessing them 3. As dividing them into several parts and portions of the Earth where they may cohabit and have communion one with another 4. Besides all these he so creates them and orders them in the very first molding of them when they are multiplyed that they have need one of another and one may be beneficial and helpful unto another so that their subsistence and their well-being depends upon Society for as he hath made the Body to consist of many members so that they have their several offices and ministrations all useful one for another so that the body cannot be a body without many members nor subsist without some necessary parts nor well continue or be perfect and intire without all and every one so in like manner hath he composed these great Bodies and Communities some by his providence are Rich some are poor some wise some ignorant some strong some weak some bold some timorous some fit for learning and more noble place some of inferiour quality some fit for husbandry some for trade and some fit for one trade some fit for another Though we who have our houses Stocks Trades Fairs Markets Towns Cities Villages do not understand this so well yet they who make new discoveries and begin new Plantations are very sensible of the necessity and benefit of Society civil This was made evident by that policy of the Philistins who by taking away from Israel their Smiths and depriving them but of one trade disarmed the great body of that Nation for we read there was no Smith found in all the Land of Israel so that it came to pass in the day of battel that there was neither Sword nor Spear found in the hand of any of the people that were with Saul and Jonathan and when God intended to ruine not only the State but the Community of Judah he threatens to take away not only the mighty man the man of War the Judge the Prophet and the Prudent and the Ancient the Captain of Fifty and the honourable man and the Counsellor but the cunning Artificer and the eloquent Oratour Esa. 3.2 3. Though God alone can be fully happy by himself alone without
there be ingrafted so there be natural branches of these Communities as well as of the great and Universal Society for such there have been and that by divine Ordination and never any yet could evidently prove out of Scripture that this Law and Ordinance which made the Children part of the Parents and one Person with them in matter of Religion was abrogated or reversed to this day Therefore Children born of Christian Parents who were Members both of the universal and particular Communities and not disfranchised are members of a Christian Community by birth at least in Charity and they must needs be presumptuous Dictatours who exclude them It 's true that Infants born of men as men are men of such as are free are free of such as are noble are noble And so such as are born of Mahometans are Mahometans and such as are born of Jews are Jews such as are born of Heathens are by their birth Heathens and aliens to the Common-wealth of the Christian Israel and strangers from the Covenants of Promise Eph. 2.12 And shall not such as are born of Christians be Christians That Covenant which God made with Abraham though accidentally different is essentially the same with that of the Gospel as appears Rom. 4. and Gal. 3. yet in that Covenant God promised to be a God to him and his seed after him and this part of it which includes the Children with their Parents must needs remain in force if there be no clause of exception in the new Testament If there be Where is it As for the example and instance from the Apostles baptizing only such as professed their Faith. 1. It doth not follow that only such persons were baptised because that none but such are expresly named 2. When it s written that whole Houses were baptized no wit of man can prove that none of these were Infants 3. Those expresly mentioned were adult sui juris such are not Children and their Baptism was but Matter of Fact not of Law shall the children be first seminally and virtually in their Parents then after extraction by Birth part of their Parents and one person with them both by the Laws of God and Men even so far as they may be punished for the sins of their Parents and shall their Parents be bound for them and they bound in their parents in matter of Religion And shall not Gods promise extend so far as their Obligation surely it must This manner of Incorporation by birth is from God who 1. by his Divine providence brings them forth into the light of the World within the bosom of the Church so that they are born of Christian Parents who are members of a Community Christian and 2. From his Institution For though an Infant should be born of Christian Parents Members of a Christian Community yet he could not be a Christian and have any priviledge spiritual except it had been God's will and pleasure to account and judge him to be such For its the Decree the Promise the Covenant of God that makes him a Christian For as born of his immediate Parents or by them of Adam or of them as godly or ungodly he cannot be a Member of the Church And to be so is not to have actual Faith or to be justified and sanctified as believers at age but to have a right unto the promise which no Heathen or any other born out of the Church can have And as part of his Parents and included in the Covenant by the will of God he hath this priviledge The Promise saith Peter is to you and your Children and to all afar off even to as many as the Lord our God shall call Acts 2.39 where observe that the promise was not only to them at age but also to their Children Again You are the Children of the Prophets and of the Covenant which God made with our fathers saying unto Abraham In thy seed shall all the Nations of the earth be blessed Acts 3.25 Where note 1. That the Covenant was concerning everlasting bliss by Christ the seed of Abraham 2. That this Covenant includes all Nations not only Jews but Gentiles 3. That this is the Covenant of the Gospel for substance 4. That the present Jews were within this Covenant by birth and that both for the obligation to duty and the right unto the promise For they were the children of the Prophets and of the Covenant which neither the Heathens nor their children could be before they were called and their children in them From all this it appears how the Original of these Communities are from God for He 1. makes them Christians 2. Multiplies them in the same Vicinity 3. Inclines their hearts to associate and stirs up some eminent persons to motion and endeavour the association 4. By his Divine providence brings some into the world in the bosom of the Church and includes by his gracious Covenant Infants with their Parents in this spiritual Society section 8 After the Explication of the Definition the Declaration of the Original of these Societies it remains we consider the degrees and distinction of the members For though the Community in respect of a Form of outward Government be an homogenical body yet considered in it self and in the qualities of the several members there is an imparity and something organical in it For they are so qualified and the gifts of God so variously disposed in them that they are several ways disposed for to contribute according to their several graces something to the benefit of the whole and one another This the Apostle makes clear 1 Cor. 12. and 14. Chap. These distinctions and degrees are like those in the members of civil Society For 1. Some are virtualiter diminute cives incompleat members as women children and many weak Christians 2. Some are so gifted and qualified as they are fit to act and give suffrage in business which concerns the whole These are formaliter cives compleat members 3. Some are endued with more than ordinary knowledge wisdom grace above the rest and most fit to introduce a form of Government and act in the highest businesses of Administration These are eminenter cives eminently members Such as being members of another Church and yet sojourn or inhabit in a Community distant from their own before they are incorporate though upon Certificate and Letters communicatory they may partake in sacris yet they are but diminute cives members incompleat and for a time For as such they can have no vote or suffrage of any power in things publick They may indeed advise and declare their mind and their counsel may be liked and accepted section 9 This Community Ecclesiastical hath the same inseparable adjuncts with the civil except propriety of goods which they have in another respect For the members have liberty and equality and an immediate capacity of a form of Government For 1. They are free from any subjection either to any other Communities or one
Agents the State wronged demands satisfaction or Justice and cannot be heard then there remains no way but to hazard a War and defer the cause to God to decide it by the Issue which he shall give Sometimes a State may be unjustly invaded in which case there is no remedy but a defensive War. 1. To judge and determine of this War whether offensive or defensive to have the chief Command to grant Commissions to Press Men provide for Arms and Money to denounce and proclaim the War by Heralds belongs unto the Soveraign who is trusted with this Militia not only against foreign States but against Seditious and Rebellious Subjects 2. After a War begun and continued a Peace may be concluded and this is another Act of Majesty Personal 3. Because one State may strengthen help and benefit another hence Leagues of Peace and Amity and also for mutual offence or defence or for Protection or for Commerce Yet none of these are valid by the very Law of Nations but as made concluded continued by the supream Powers Personal 4. The Soveraigns of several States cannot in their own Persons except very rarely meet together and act personally face to face one with another neither is it convenient or expedient so to do Therefore a way and means dictated by the light of Nature hath been invented to act by others who are their Deputies and Representatives and these are called Ambassadours To send these whether ordinary or extraordinary and to give them Power and Commissions with Instructions and Letters Credential that their Acts may be valid is the right of Majesty Personal To this Head may be referred the sending of Heralds and Agents or Envoyes section 10 This personal Majesty and Soveraignty acts within the Common-wealth and with the Subjects as Subjects With these it acts 1. In matters of Religion For Magistratus est custos utriusque tabulae where by Magistrate we must not understand Officers but supream Governours as the word is taken largely by many Authors especially such as profess Theology For it is the Duty as it is the Right of Civil Soveraigns to order matters of Religion and that in the first place so far as it tends unto or concerns the peace and happiness of a State which depends much upon the establishment profession and practice thereof As they must order it so they must not only constantly and sincerely profess practise it themselves but as Soveraigns protect and defend their Subjects in the profession and exercise of the same so far as their coactive-force and Sword may justly do it This should be their first and principal Work which they should do not onely for the good of the people but their own happiness success and establishment in the Throne They are not to associate as Priests or Presbyters nor arrogate the power of making Canons Ordination Excommunication Absolution and such like Acts which are purely spiritual yet they may make Civil Laws concerning those things and execute the same and also ratifie by Civil Acts the Ecclesiastical Canons and punish such as shall violate the same Yet this right doth presuppose the Religion which they establish and maintain to be true and instituted from Heaven It 's true that the consciences of men are subject only unto God and to him alone are they answerable for their secret thoughts and opinions which men can have no certain cognisance of Yet if they broach errours in Religion and blasphemies and seek by communicating them by word or writing to seduce pervert infect others they disturb the peace of the State offend God and bring Gods Judgements from Heaven upon themselves who are guilty of such sins and upon the Soveraign and the subject of that State where they live And in this case though the consciences cannot be forced yet their estates persons lives are liable to the sword and in that respect they may and ought to be punished by the sword of Justice This is so a Right of Civil Soveraigns that we never read of any State of civilized people without Lawes concerning Religion and the worship of a Deity I confess this branch of civil Power is not rightly placed nor is the method exact because it comes in under the Heads of Legislation and Jurisdiction the matter of both which are Religion mens persons estates and lives section 11 After matters of Religion which are more spiritual and divine follow such as are temporal and humane Concerning these we have two acts of Majestie 1. Legislation 2. Execution of Laws made hence these two Jura Majestatis 1. A right to make Laws 2. A right to execute them This Power of making Laws is the principal and most necessary and doth inseparably adhere unto the Soveraign once constituted It was Jethro's counsel to Moses which with Gods approbation he followed to teach the people Laws that all Subjects and Officers might know their work and duty and the Rule which must direct them in all actions of Officers and subjects as such this was Gods order For after that he became their Soveraign and the people of Israel his subjects he proceeds to make Lawes Moral Ceremonial Judicial yet the personal Soveraign hath no power to make fundamental Laws concerning the constitution but only for the administration This our Parliaments if rightly constituted and duly acting for the publick good I honour as much as any man may take notice of Yet I may not presume to teach them much less correct them This Power is given by the consent of the people in the constitution who upon their submission become their Soveraigns subjects and are bound thereupon either to obey his Lawes once made or suffer This is not meerly a Power to teach and direct them but to bind them To this Head are brought the Power of repealing interpreting altering Lawes with Dispensations Reservations naturalizing granting Priviledges conferring Honours founding Colledges and Corporations Legitimation restoring the blood tainted and all acts of Grace as giving immunities exemptions tolerations indulgences acts of oblivion section 12 After Legislation follows Execution which in this place is not the execution of the Judges Sentence for that follows as a distinct act of Jurisdiction This right of Majesty is of far greater latitude and reacheth all acts that tend to the execution of the Laws which are in vain if not put in execution And because this cannot be done without Officers and Judgment therefore this comprehends under it The right of making Officers administration of Justice The making of Officers as without which the Laws cannot be put in execution is the first of these two By Officers I understand all such as are used by the Soveraign for to put in practice the Law and perform any publick act These may be either ordinary or extraordinary temporary or standing for Peace or War for to deal with forriegn States Such are all Dictatours Viceroyes Regents Treasurers Counsellours Judges Sheriffs Constables Captains and Commanders by sea
which are the great Bulwark of the Kingdom had been intermitted for sixteen years at length when no man did expect one is called but suddenly dissolved Yet the Scots entred with a puissant Army into the Kingdom made a necessity of calling a second which is summoned confirmed by an act of continuance acts high makes great demands continues long Yet it 's deserted by the King and many of the Members opposed by an Army defends it self undertakes the King in England Scotland Ireland It maker a new broad Seal having formerly seized upon the Navy and the Ports recruits it self by new Elections Then they fall out with the Army after that they are divided amongst themselves In the end follows the seclusion of many of the Members and the remnant act and by the Army and the Navy doth great things but at last even this remnant by this Army is totally routed and dissolved This is that long-sitting Parliament which some say might have been good Physick but proved bad Diet. Never Parliament of England varied more never any more opposed never any suffered more never any acted higher never any effected greater things It made an end of Kings and new model'd the Government 3. The King deserting the Parliament set up his Royal Standard and is opposed fought beaten finally and totally conquered delivered by the Scots into the Parliaments hands is confined secured as a guilty person tried judged condemned to death executed His Family and Children banished and disinherited of the Crown wander in foreign Countries and many great Ones suffered and fell with him Many foreign States stood amazed when they saw the potent Prince and Monarch of three Kingdoms reigning in greater power and splendour than ever any of his Predecessours cast down so suddenly from the heighth of his excellency laid in the dust and brought to nothing 4. The Civil Government was much changed from the primitive Constitution neither could the Petition of Right help much because the King and Ministers of State would not observe it but acted contrary unto it So that it was arrived almost at the height of an absolute Monarchy But as the winding of a string too high is the breaking of it so it fell out with Monarchy 1. The Parliament first require an explication of that Act for Liberty afterwards limit the Regal Power curb it assume it exercise it and in the end take it wholly away Some indeed of the Lords and Commons declare That they had no intention to change the fundamental Government by King Peers and Commons and perhaps really intended what they spake yet they could not perform for that very frame was taken asunder and abolished Upon which followed three several models one after another The 1. By the act of alteration The 2. By the new instrument The 3. and last by the humble petition of advice and yet we are not well setled So difficult it is after that a Constitution is once dissolved to establish a new frame So that it may be truely said that never King acted so much against a Parliament never Parliament prevailed so much against a King. Some were for the State of Venice and that form of Government as the most perfect model for England Some intend levelling some did judge it best that the General should have continued onely General for a while and to head onely the godly party a strange fancy and conceit 5. As for the Church many of the English began to look towards Rome many came home unto the Church and turned Papists Innovasions were daily made in Doctrine and Discipline and Prelacy seemed to advance with the Royal Power But this great Parliament puts a stay to all begins to reform and in reforming incline to an extream They take away Episcopacy Root and Branch abrogate the Liturgy make some alterations in the Doctrine compose a new Confession of Faith a Directory for worship and begin to settle a Presbyterian Discipline Yet that in the very rise was opposed by the Dissenting Brethren and never could be fully and universally so imposed as to be received Hereupon contrary to promise the Golden Reins of Discipline were loosed a general Liberty taken and swarms of Sects appear profess and Separate Errors Heresies Blasphemies do almost darken this Church and overspread the same Never from the first receiving of Christianity in this Nation was there so great a change in Religion known to be made in so short a time 6. Yet after all these bloody Wars and greatest Alterations in Church and State the substance of the Protestant Religion continues the Universities stand Schools remain Learning flourisheth Sabbaths are observed Ministers maintain'd never better Sermons never better Books The Orthodox Christian is confirmed Matters in Religion are not so much taken upon trust and tradition as formerly Arts and Languages advance the light of the Gospel shines The Laws abide in force Justice is administred peace enjoyed the Protestant Interest in forraign parts maintain'd England is become a warlike Nation furnished with gallant Men both by Sea and Land is courted by great Princes is a terrour to our Enemies a protection to our Friends and if we could agree amongst our selves it is an happy Nation Yet all this is from the wonderful wisdom of our God who knows how to bring Light out of darkness good out of Evil and from his Exceeding mercy who hath heard the Prayers of a remnant of his people in behalf of this Nation to which he intends good if our sins do not hinder And for my part I will not cease to Honour and to pray for such as from their hearts have endeavoured our good and especially for such which God hath made so eminently instrumental for our present happiness Such as are trusted with great power and employed in great business are many times perplexed with great difficulties and especially in distracted times And if they do something amiss we should not harshly Censure much less envy them but rather pity them and pray for them and remember our own frailty and that if we had been in their place we might have done worse But to draw unto a Conclusion of this long Chapter and not to offend the Reader let 's consider what may be done to finish and perfect any thing begun tending to our settlement Far be it from me to presume to prescribe any thing to wiser men who have seriously considered of this very thing already Yet I may be bold to deliver mine own Opinon with humble submission to my betters and if I err I may have the greater hope of pardon because I shall speak as one unbiassed and aiming with a sincere heart at the publick good of the English Church and State which though fearfully shaken and shattered are not yet destroyed And 1. This is certain that there are but two reasons of our unsettlement 1. Ignorance 2. Wilfulness For we either know not how to settle and what the best means are which most effeually
Bodies Politick as Universities Corporations Counties Armies and Common-wealths This is God's way of Government which the wisest Governours did always imitate Thus Moses chose able men out of all Israel and made them Rulers over the People Rulers of thousands Rulers of hundreds Rulers of fifties and Rulers of tens And they judged the people at all seasons the hard causes they brought to Moses but every small matter they judged themselves Exod. 18.25 26. In this Text considered with the antecedent many things as proper to Government are observable 1. There must be Laws 2. Officers 3. Courts according to the tria Jura Majestatis of Legislation making Officers and Jurisdiction These presuppose a Community and a Constitution 1. There must be a power of making Laws that belongs to the Soveraign 2. Laws by this power must be made for Administration which without them must needs be arbitrary and irregular 3. Those Laws once enacted must be promulgated that they may be known 4. Once known they must regulate both the peoples obedience and the acts of Officers and judgment of the Judges After Laws once established they must be executed and that cannot be orderly and effectually done without a division of the people For 1. they must be numbred divided into tens fifties hundreds thousands tribes 2. They must be co-ordinate and equally poised tens with tens fifties with fifties hundreds with hundreds thousands with thousands 3. They must be subordinate ten to fifty fifty to an hundred and hundreds to thousands and all unto the whole When this is done Officers by whom these Laws must be executed must be made These must first be well qualified 2. The people must chuse them Deut. 1.13 3. Moses must appoint them their places assign them their circuits give them their charge 4. They must have their Courts and Sessions judge execute the Laws and be subordinate the lesser Courts to the superiour and all to the Supream For their Causes especially if difficult must ascend till they came to Moses and he brought them to God who was their Soveraign this was extraordinary But afterwards they had their Sanhedrim and Court of Appeals This subordination seems to be implied in those words of our Saviour Matth. 5.22 But I say unto you that whosoever is angry with his brother without a cause shall be in danger of the judgement and whosoever shall say unto his brother Racha shall be in danger of the council but whosoever shall say Thou Fool shall be in danger of hell fire One thing in all this is considerable That Moses did not make every Division nor every Court severally independent but subordinated all unto one supream Consistory A Multitude though National therefore is no impediment to good Government especially when they are numbred divided co-ordinated and subordinated and so by a certain and fixed order made one section 11 As a Multitude is no hinderance so neither is a national distance of parts For if we should enquire into the Constitution of the Chaldean or the Persian Empires of both which we might learn much out of the Holy Scriptures especially in the Books of Ezra both first and second called Nehemiah and Ester and Daniel most of all we should find 1. That the extent of them was far more than National and the distance of the parts far greater 2. That these were divided subordinated not only in the parts less to the greater but also in their Officers both for War and Peace the Revenue and the Administration of Justice and so by order united under one Head. The Empire of Rome the parts whereof were severed at a very great distance as from the River Euphrates in the East to the Ocean upon the West of France and from Aegypt Southward to the North of the Lesser Asia was according to their principles of Policy as well governed as any European petty State at this time is The Turkish Seigniory tho' of great extent is as well ordered as divers several Kingdoms Christian confined to a far more narrow compass Their order is good their strength great their Counsel which doth manage it politick their Laws for administration of Justice certain their divisions from matters of Religion few or none and their internal strength must needs be firm and the continuance of their Dominion hath been long Some attribute the excellency of their Government to their severity in punishments and their bounty in rewards yet though these add something yet these are but the least part The Dominions of Spain are many and scattered at a very great distance round about the Globe on both sides the Line within and without the Tropicks yet all these are subjected to one supream Judicatory and are tolerably governed and by a great deal of policy have been kept together till of late France indeed is stronger because divided into thirty Provinces it 's united in one Vicinity and subject to one Monarch Yet in these vast Dominions and great Empires the union of their many parts so distant did depend not only upon ordinary means but some extraordinary acts of Divine Providence From all this it 's evident that by division co-ordination subordination the supream power of one Nation nay of many Nations may be diffused through the whole Body so as to animate it and reach every part even the remotest section 12 Yet it may be objected that all the Members of a National Church can never meet together in one place and Assembly It 's true they cannot neither is it needful Joshua called and assembled all Israel when yet none but their Elders their Heads their Officers their Judges were called and convented Josh. 23.2 Upon which place Masius thus comments Cum dictum esset omnem Israelem fuisse convocatum ipsa deinde universitas ad eos deducitur qui populum omnem repraesentabant So that all Israel met in their Representative Thus David thus Solomon did use to convocate all Israel As our State hath its Wittena Gemot the Parliament which Cambden calls Pananglium so a National Church may have a general Assembly to represent the whole And this may be so composed as to be an abridgement and contraction of the quintessence of the wisdom piety and learning of a National Church This is a most excellent way for a Community to act by This may be both the terminus à quo ad quem of all these publick acts which are of weight and general concernment By this the Nomothetical Power is exercised to this by Appeal the highest causes are brought and finally determined yet here it 's to be observed that a Representative of the whole is not the whole properly but synecdochically and an Instrument whereby the whole doth so act yet if any thing be done amiss in a former particular Assembly the whole may correct it by a latter 2. That if the Constitution of a general Representative be right and the Members thereof duly qualified and act according to their qualification there will