Poſitions concerning the Power of the Chriſtian Magiſtrate in Church matters.
I.THat all humane actions, Naturall, or Voluntary, even the moſt mechanick and ſervile, ſo they be neceſſary, and not ſinfull, muſt be done in faith, and are to be referred to the Soveraign end, which is to glorifie God by words and deede, and to obtain the Summum bonum of men, which is the love of God, and union with him.
2II.That the principall duty of the Soveraigne viſible Power, in regulating the actions of mens ſociety, is not to make new Lawes, but to declare the will of the Grand Legiſlator, (even God in his Word) for the right governing of that ſociety, according to his divine will; making Lawes agreeable, or not repugnant to it; holding forth to the people for a ſoveraign Law, that God muſt be rather obeyed then man.
III.That ſince the Soveraigne Power hath right to regulate all humane actions, which3 doe tend to that Soveraigne end, he alone muſt preſide over all Orders, Lawes, Offices, Places, and Perſons, which have any reference to the ſaid actions. Elſe, if two Supreame Magiſtrates were conſtituted, ſharing betwixt them the Supreame power, the one being over certain actions, they call Eccleſiaſtical; the other over the Civill; ſuch a State cannot be conceived without a great deal of confuſion: Humane actions, of what kinde ſoever they be, having ſo neare affinity among themſelves, and being included one within another.
4IV.That for the moſt part, the cauſes of Hereſies, and Wars, which have troubled the World, came from the Popes dividing the ſaid actions, vindicating to themſelves the regulating of one part of them, leaving the ordering of the other to the Emperour and Kings, and thus erecting Imperium in Imperio; and not only ſo, but by reaſon of the great affinity there is betwixt humane actions, reducing almoſt all of them under his cognizance.
V.That the Reformers have indeed repurged the doctrin5 from Popery, but ſtill have kept to themſelves the Soveraign cognizance of the actions which they call Eccleſiaſticall, aſſuming to themſelvs the power of the Keyes, which in truth is reſtrained to this ſentence, That God muſt be rather obeyed then man; and therefore, when the Magiſtrate was unwilling to have a hand in the Reformation, or the exerciſe of the true Religion, as in the primitive times, or in France, they have done well, even without, or againſt the liking of the Magiſtrate, to make a body of Congregations, giving it an order, which they6 call purely Eccleſiaſticall. Likewiſe, they did well to create Elders, who are the Deputies of the people, for otherwiſe the word could not have been preached, the Sacraments adminiſtred, and the ſoules ſaved: But where the Soveraigne Magiſtrate is of the ſame Religion with the body of the people, theſe words Eccleſiaſticall, Civill, Spiritual, Temporall, Clerck, and Lay, ought to ceaſe, and with them the diverſity of legiſlation and jurisdiction; and under ſuch a Magiſtrate the Common-wealth is a Chriſtian Viſible Church, theſe words having but an7 accidentall difference; but yet ſuch as have cauſed a reall difference. Now ſuch diſtinction of words, which parts things that ſhould not be divided, ceaſing; the originall of all order and power over all actions and things, is ſeated on the Soveraigne viſible power, and doth extend to, and over all kinds of perſons, none being exempted, nor any thing excepted, if it be not contrary to Gods commands. In ſumme, the Supream Magiſtrate is none other then the Miniſter of God, for the good and ſalvation of thoſe that are under government.
8VI.Theſe things being ſo, and the Chriſtian viſible Church being an aſſembly of good & bad, which have need to be governed for their temporall and eternall good, it is manifeſt, that under other words, it is the ſame thing with the words of Chriſtian Common-wealths, and that the legiſlatiō & jurisdiction which the Soveraigne Magiſtrate hath over it, is extended over all perſons and cauſes, and in all Aſſemblies, Synods and Claſſes; for even the concluſions and canons of the ancient Councels had no force which conſtrained9 to obedience, but as they were ratified by the ſeale, or ſupreame will of the Soveraigne Magiſtrate, who uſually did call, and diſſolved them.
VII.Although all power and jurisdiction in all things be annexed to the Soveraigne Magiſtrate; by that, we doe not meane to diminiſh any thing of the nature of the Empire, and jurisdiction which the Lord Ieſus Chriſt, even in this world, hath over his Church, whoſe members he knoweth by name, and which he doth governe by his Word and Spirit.
10VIII.But to beleeve, that the body of thoſe that make an externall profeſſion of the true Religion, muſt be governed by Lawes made by perſons diſtinct in jurisdiction, or legiſlation from that power which belongeth to the Soveraigne Magiſtrate, tis a thing which cannot be found in the Scripture, where we doe read that the Church and Kingdome of the Iewes were the ſame thing, and that in the Synedrium all cauſes were decided, and all kinds of perſons convented.
IX.Theſe things being premiſed11 as afore, tis not underſtood that the government by Presbyteries, Synods, Claſſes, or even by Biſhops muſt therefore be aboliſhed; but onely that all their jurisdiction is like a branch or rivolet ſtreaming from the fountain of power, reſiding in the Soveraign Magiſtrate.
X.Neither is it underſtood, that the Magiſtrate ought to give orders, or preach the Word, (although magiſtracy and miniſtry be things very conſiſtent) no more then to create Doctrors of phyſick, or the like, but onely that the power to exerciſe any profeſſion,12 or calling externally, is conferred by him, and cannot be done without him.
XI.That the calling of Lay-Elders is not of neceſſary uſe in a Country where the Magiſtrate is of the ſame Religion with the body of the people, it being more then reaſonable, that ſo much, or more power be granted to the Orthodox Chriſtian Magiſtrate, then they yeeld to the Elders in France.
XII.Now becauſe ſome think it unfit, that the miniſters, and the cauſes which they maintaine to be of their cognizance,13 ſhould in all things be ſubalterne to the Soveraign Magiſtrate, the only expedient, if we beleeve them, to make the Church and State to be one Chriſtian Common-wealth under one Soveraigne power, were that the Rulers and Over-ſeers of the Church, as Miniſters and Elders ſhould have alſo the Common-wealth committed to them, in the manner as the Waldenſes, or Albigenſes were governed; for it ſeemeth that ſuch Miniſters would be contented that the Church and Commonwealth were one, ſo that they might have the whole rule,14 and Government; but rather then to miſſe a ſhare, they become ſtrong aſſertors of a diſtinct jurisdiction, whereof they may appropriate one unto themſelves. Sic hiſuperiorem, illi parem non ferunt.
A Letter Examining the foregoing Poſitions.
YOu ſent me certaine articles, touching the Eccleſiaſtical policy: and thereupon are earneſt to know my opinion: the which I was long in debate, whether I ſhould deliver or no; queſtioning, whether the declaring of my ſence in this matter be of any weight or moment: but ſince, by your laſt, you preſſe it further upon me, telling me that ſome perſons of wiſdome, and gravity, and in authority in the ſtate, are earneſt to know my ſence and opinion thereon. I have at length given way to your importunity, leaving to your diſcretion, either the ſuppreſsing of16 this writing, or making of it publike.
The two firſt articles do lay down for a foundation, that all humane actions ought to be done in faith, and referred to the ſoveraign end, which is to glorifie God, and to obtaine ſalvation, and that the duty of the ſoveraign viſible power is to declare unto the people the will of the great Legiſlator, and that the laws of the ſaid ſoveraign power ought to be conformable, at leaſt no way repugnant to the Law of God. All this is juſt and honeſt, and it were a ſinne againſt piety to contradict it.
The ſecond article ſaith, that the ſoveraign Magiſtrate hath right to regulate all humane actions which are tending to that ſoveraign end, and that he alone ought to ſway and preſide over all meanes, Lawes, offices, places and perſons appertaining to the ſaid actions: elſe if there17 were two ſupreme Magiſtrates, one over the actions, they call Eccleſiaſticall, and another over the civill, a great deal of confuſion would enſue: And that hereſies, ſchiſmes, and wars did ariſe, for the moſt part, from the Popes dividing the ſaid actions, challenging to themſelves the regulating of one part of them, leaving the other to the Emperour and Kings; thus ſetting up Imperium in imperio.
I am of opinion that there cannot be in a well compoſed State, (and ſo doth the ſcripture teach us) more then one ſoveraign power, and that all perſons of what quality and condition ſoever, are ſubject to the ſoveraign Magiſtrate, and that the Paſtors of the Church cannot be excepted or exempted from that ſubjection: their duty being to exhort and diſpoſe the people to be faithfull and obedient to that power by Gods providence ſet over them, and chalk18 them the way by their example. 1. Ioſh. all the people (the Levites and the Prieſts being compriſed) ſpeak thus to Ioſhua, All that thou commandeſt us, will we do, and whitherſoever thou ſendeſt us, we wil go. 1 King. 1. v. 33. David ſaith to Bethſheba, Take with you the ſervants of your Lord. The context ſhewes that Zadok the high Prieſt was of the ſervants of the King. 2. King. 23. v. 4. And the King commanded Helkiah the high Prieſt, and the Prieſts of the ſecond order. And there he chideth them for not obeying his command, in repairing of the temple. S. Paul doth appeal to Ceſar acknowledging him his Iudge.
Conſideration.
NOte that S. Paul appeales to Caeſar as to the ſupreme competent Iudge, not onely in relation to his private perſon and19 cauſe, but the cauſe of the Goſpel, for the queſtion was, whether there was any crime in preaching the Goſpel? and the Apoſtles acknowledge the worſt of the Emperours, the ſupreme power and Iudge. Had Feſtus not been a competent Iudge in Eccleſiaſticall matters, but onely in civill, inſtead of ſaying, I am judged for the hope, &c. that is, for the reſurrection of the dead, the chief point of Chriſtianity, he would have ſaid, I am not to be judged before thee in theſe matters.
Letter.
THe ſame Apoſtle Rom. 13. enjoyneth that all perſons be ſubject to the higher powers, acknowledging the powers that have the preſent rule to be given of God, that is, ſuch as by a ſpeciall act of his providence have the ſoverain power in hand. St. Pet. 1.2. v. 13. 20Submit your ſelves to every ordinance of man for the Lords ſake, and note, that the Emperour to whom obedience is commanded to be rendred, was a tyrant and a moſt wicked man: Nebuchadnezzar had ſubdued Iudea, and lead the Iews captives, yet Ieremiah ſpeakes thus to the remnant of the Iewes not yet tranſported, Submit your neck under the yoak of the King of Babylon, and ſerve him.
Conſideration.
I Shall take liberty to digreſſe a little upon that paſſage of Ieremy, which doth not onely juſtifie, but command ſubmiſſion to the power, which by Gods providence is ſet over us, for lo here the Iſraelits ſpoiled of their goods and lands, driven from their habitations, and enthraled in grievous bondage, are commanded to pray for the proſperity of their21 oppreſſour, and for a quiet government over them, as if their peace had been included in his: for as ſaith Calvin in the 4. book of his Inſtitut. ch. 20. §. 28. when God hath exalted a new power, he doth declare that it is his pleaſure he ſhould have the power and ſway. Detuli Nebuchadneſar regnum ſaith God, 2 Dan. v. 37. God hath given thee kingdomes and power. See Calvin in the quoted place, who is much inſiſting upon the words of the Apoſtle. Rom. 13.1. Submit your ſelves to the ſuperior powers whereby〈…〉〈 in non-Latin alphabet 〉ſome would not have the unlawfull powers, but onely the lawfull underſtood, which though it were granted, the text will very well bear this ſence, that when God hath exalted ſome in authority, his will is that his power ſhould be held for a lawfull power: but the word〈…〉〈 in non-Latin alphabet 〉is for the moſt part taken generally22 for〈…〉〈 in non-Latin alphabet 〉whether lawfull or uſurped.
We read in Steven out of Xenophon,〈…〉〈 in non-Latin alphabet 〉, I have power to ſteal, where none will ſay, that that power of ſtealing is a lawfull power: Thus in the 1 to the Coloſsians, St. Paul ſaying, That God hath delivered us from the power of darknes, that power being likewiſe〈…〉〈 in non-Latin alphabet 〉can no more be ſaid to be good and lawfull, then the tranſlation to Chriſts Kingdome ſpoken in the following words, be ſaid to be bad or unlawfull: And according to the beſt ſence you can give to〈…〉〈 in non-Latin alphabet 〉, as the ſaid Steven well obſerves, 'tis but〈…〉〈 in non-Latin alphabet 〉, or as Cicero defines, Poteſtas vivendi ut velis, a power to live as you liſt: Now, if the poteſtas ſpoken of by the Apoſtle, be a priviledge, or power to rule as the Supreame Magiſtrate liſteth, I conceive, that this faculty, or priviledge, is as well, or rather23 proper to Tyrannicall Governments, (as moſt of them were in the time of St. Paul) both in the meanes to attaine to the Supreame Magiſtracie, and in the exerciſe of it, that is, as well in the adeption, as in the fruition. But Calvin, both in the ſaid place, and moſt expreſly upon the 13 to the Romanes, expounds the Supream Power, that power, which by Gods providence, permiſſion, or approbation is ſet over men; yea, that power which hath gotten the upper hand by intruſion. Theſe be his words: Hoc verbo videtur Apoſtolus tollere frivolam hominum curioſitatem qui ſaepe ſolent inquirere, quo jure adepti fuerint poteſtatem qui rerum potiuntur; ſatis autem nobis eſſe debet quod praeſunt, non enim conſcenderunt ſua ipſi virtute, ſed manu dei ſunt impoſiti. By that word, the Apoſtle ſeemeth to take off the frivolous curioſity of men, who are wont often24 to enquire, how, and by what right have thoſe in Supreame Authority come by their Power? It ought to ſuffice us that they Governe, and that they have not aſcended by their owne vertue, but are ſet over, and appointed by God.
Learned Deodati giveth the ſame interpretation. All thoſe that attaine to dignity, doe ſo, either by his manifeſt will and approbation. Now it is fitting that men ſhould approve and tolerate that which God approves and tolerates; which ſence, and words of Deodati; have ſo much the more weight, for being approved, and in the ſame words upon the matter transferred, by the Reverend Divines of the Aſſembly in England, into their Expoſition and Comment upon the place. Ordained of God, or ordered, that is, inſtituted of God among mankind, to rule and govern25 men in order, as in Gods ſtead; for God is the author of this order in the World: And all thoſe which attaine unto this dignity, or excellency, doe attaine unto it, either by his manifeſt will and approbation, when the means are juſt and lawfull; or elſe by his ſecret providence, with permiſſion and toleration, where the means are unlawfull. And it is juſt and equall, that men ſhould approve and tolerate that which God himſelfe approves and tolerates, which cannot by any lawfull meanes appointed by him, decline and avoyd. All therefore, who reſiſt Authority, make war after a ſort with God himſelfe. But this acception of power in St. Paul, only for a lawfull one, is attended with unavoydable inconveniences, that I may not ſay abſurdities: for firſt, who ſhall be judge what power is lawfull? ſhall all joyntly, or every particular man under a power, be judge whether that power over26 them is lawfull; which is to ſeat the Superior Power no where, and to erect a Tribunall within every particular Dominion, diſtinct from that of the Supreame Magiſtrate, which ſhall judge of the right they came by to their Superiority. Secondly, ſince this lawfulneſſe is as well in the adeption, as in the fruition, or the exerciſe of the Supreame Power, it ſhall be preſently lawfull for Subjects, who are to judge of both, to reſiſt the Supream Magiſtrate; not onely becauſe he is an Uſurper, but alſo for governing tyrannically, to which government, if we beleeve the new Expoſitors of St. Pauls meaning, the Apoſtle forbiddeth to ſubmit, and even to pay tribute; for whereas he commandeth to pay tribute to whom tribute belongeth, when the ſubject ſhall judge that ſubmiſſion is not in conſcience, and in obedience to Gods Word, due unto27 ſuch a Magiſtrate, he muſt by the ſame tye of conſcience, deny to pay him tribute, and ſuffer his houſe rather to be forcibly entred, and his truncks to be broke open, then to pay it with his own hands, leſt his will ſhould ſeeme any way to concurre in the doing of a ſinfull thing, as is to pay tribute to whom it doth not belong. But, which is much materiall, it hath been often ſeen, that Subjects have refuſed to obey the commands of the Supreame Magiſtrate, oppoſing by reſiſtance of Armes the unjuſt managing of the power; but ſeldome, or never, ſo much as queſtioning the Title of the Supream Power, or Magiſtrate, but yeelding Fealty, or Homage to him that had poſſeſſion de facto, though not de jure, which hath beene alwayes practiſed in England under all the Kings ſince the Conqueſt, who, although for the greateſt part28 they had no juſt title to the Crown; yet to avoyd confuſion, and the itching humour of people, queſtioning the validity of Lawes, and Law-givers, the Law hath alwayes provided, that Allegiance ſhould be given him to whom the Imperiall Crowne of theſe Realmes ſhall deſcend, by which Imperiall Crowne, the Perſon is not principally meant, but the Realme; no man owing other Allegiance, but ſuch as is yeelded, in, and for the defence of the Realme. This is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction reſtored to the Crowne, by which Crowne, none will, I thinke, underſtand the lawfull Heires and Succeſſours of the Crowne, but him, or them that are actually in poſſeſſion of the Gouernment; or which is all one, by the Crowne is meant the Supreame Judicature of the Kingdom29 for the time being, where the Crowne is placed, and to which the Jurisdiction belongeth, what ever Title the Supreame Power for the time being may have; for ſure, unlawfull poſſeſſion of a Crowne doth not exempt ſubjects from the ſame Allegiance that the moſt lawfull Soveraigne can challenge; for even I ſhould much doubt, whether Subjects may call any Supremacy of Power unlawfull, or whether a Supreame Governour is not a lawfull Governour; however, poſſeſſion is the great condition required for the duty of Allegiance, which in expreſſe termes is ſaid Eliz. 10. & 50. Cap. 1. to be due to Kings and Queenes Poſſeſſors of the Crown: But ſtill, the Lawes made by Henry the 4th 5th and 6th were never the leſſe valid, and of no leſſe force for being made by Kings called pretended. In the28 Statute Edward 4.10. Cap. 1. where ſome of their Acts were continued, others repealed, which word repealed would not ſo much as have been uſed, had not theſe ſtatutes been enacted in a lawfull aſſembly of the three ſtates. And as the validity of the Lawes under the ſaid pretended Kings were never queſtioned, ſo neither were the ſubjects blamed, yea, rather juſtified, for bearing fealty and allegeance to the ſaid Kings: of which we have a notable example in the eleventh of Henry the ſeventh cap. 1.1. where in an act, the Parliament declareth, as a thing unreaſonable, againſt Law and Conſcience, that the ſubjects going with their Soveraigne (meaning ſuch as Henry the 4.5.6. and Richard the 3.) for the time being, and attending upon his perſon, or being in other places by his commands within the Land or without, ſhould in any29 thing forfeit for doing their true duty and ſervice of allegeance: But the main reaſon why the people in England have alwayes obeyed him who was in poſſeſſion de facto was becauſe they were not to oppoſe the uſurper, till he was ſo lawfully declared: So that, I conceive had the Turk conquered England, though no man can be ſo much deveſted of his reaſon, as not to judge of him as of an uſurper by a judgement of diſcretion; yet there being by Gods providence, who diſpoſeth of Kingdomes as he will, not any judgement of authority left, that can lawfully declare the Turk to be an uſurper, I conceive I ſay, that every Subjects duty is to impoſe ſilence to his own judgement, without murmuring, and commune thus with his own heart, that God hath left the Kingdome without recourſe, that hee may diſpoſe of it to another; upon28〈1 page duplicate〉29〈1 page duplicate〉32Upon all theſe grounds of Scripture, reaſon and authority, it being manifeſt that all powers that have attained to the ſupreame dignity, are ordained of God, and are to be ſubmitted unto; it followeth undenyably that every ſouls duty is to engage to be true and faithfull to ſuch a power, and thereupon that their priviledge is to be freed from all other engagements made to other powers; I mean in ſuch things that ſalva fide are alterable, as to be ruled by this or that Magiſtrate, and to be under this or that Government;〈◊〉former engagement of that nature, how circumſtantially ſoever expreſſed, being able to diſpence any man from his preſent duty, or from this command, Let every ſoul be ſubiect to the ſuperiour powers which are ordained of God. Beſides, that every promiſe or oath33 of fealty and homage to a ſupream power is a ſinfull act (and therefore better broken then kept) If ſome condition be not implyed as included in it, though not expreſſed; as it may be made evident by the enſuing queries. 1. Whether an Engliſh man tranſporting his eſtate and family into a remote countrey, and being minded to return no more to England, is not looſed from the ties of the oath of Allegeance. 2. Whether the ſame man may not tie himſelf by another oath of fealty and faithfullneſſe to the ſupream Magiſtrate of that countrey where his abode is, though occaſionally, yea conſequently this oath proveth repugnant to the oath of Allegeance. 3. Whether a warre being kindled between England and the countrey of his abode, he finding the wrong to be on Englands ſide, he may not34 lawfully adhere rather to the later oath, and wage warre againſt England, in the behalf of thoſe among whom he liveth. 4. Whether in eaſe the ſupream Magiſtrate be expelled, and a new government ſetled; the ſame man not being guilty of his expulſion, and remaining ſtill in England, there is not par ratio, and the like freedome and exemption from former oaths made to the expulſed Magiſtrate, with that exemption when the ſame man leaving England doth ſwear Allegeance to another ſupream Magiſtrate in forreigne parts, where he purpoſeth to continue? 5. Whether the ſame man having continued ten yeares, as for example, in Venetia, afterwards making a journey into England, and finding there a new face of Government, whether he muſt reſume his obligation, and tye, to the oath of allegeance,35 from which he was looſed, when he was ſubject to the Venetians? 6. And ſince a man leaving England, is not onely looſed from the obligation to the Oath of Allegiance, but alſo, it is free for him to bequeath his Allegiance to what Lord or Soveraign Magiſtrate he pleaſeth; whether it may not be indifferent to him for matter of tye of conſcience, either to ſwear fealty to Governours newly ſet up in England, or to other Governours in forreign parts, whether they be new to him, or lately come by their Soveraignty? 7. Whether a Tenant holding of a Liege Lord, his obligation of fealty, and of paying a penny rent, do not ceaſe, as to the perſon, though not to the thing, ſo long, at leaſt, as the Lord is out of poſſeſſion; or that I may better engliſh ſuch a querie, whether a freeman doing homage to his36 Lord of whom he holdeth in chief, or otherwiſe, ſwearing to become his man from this day forth for life, member, &c. and to owe him his faith for the Lands he holdeth of him; whether the ſaid oath of homage is not conditionall, viz. ſo long as his Lord hath poſſeſſion of the Land held by the Farmer. 8. Whether in thoſe relations that are accidentall, as thoſe between King and Subjects, Maſter and ſervant, the promiſe, as for example, of the ſervant to be as long as he liveth faithfull and obedient to his Maſter, doth not imply many conditions, which not continuing, do take away the obligation; ſuch are the Maſter decaying in his fortunes, and the Servant bettering of his; the Maſter turning out the Servant, or being taken away from him? 9. Yea whether without violation of faith and bonds, which are between37 the Maſter and the Servant, the relation may not change termes, the Maſter becoming a Servant, and the Servant a Maſter? 10. Whether the Duke of Normandy did break his Allegeance to Chilperick his heires and ſucceſſours, when he did homage of his Dukedom to Charles Martel, who expelled the lawful line? 11. Whether in caſe the Turk ſhould make ſuch a conqueſt of England, as he hath done of Conſtantinople, an Engliſh man minded to tarry in England is not tied to engage to be true and faithfull to him, and conſequently freed from former engagements? 12. Or if the Engliſhman may wave and ſuſpend his engaging ſo ſoon after the conqueſt, how long time may be allowed to him afore he do it? 13. Suppoſe, an Engliſhman had 15 yeares ago foreſeen, and foretold by probable and poſſible conjectures, ſuch a38 turne of State as ours is, whether it had not been a ſinne in him to take, without ſome condition implyed, the oath of Allegeance? 14. Whether in caſe the King had (as it was once very doubtfull) clear overcome the Parliament and had (as it is likely he would have done) aboliſhed all future thoughts of Parliaments, and had thereupon made a Proclamation and publick Declaration of his will and pleaſure; whether, I ſay, in that caſe, he commanding a generall ſubſcription to be true and faithfull to him in the maintenance of his Domination, every Engliſhman had not been obliged in conſcience and obedience to Gods word, to ſubmit unto it, and thereby been looſed from his former tyes and obligations to maintain the priviledges of Parliament, the liberties of the Kingdome, the extirpation of the39 Engliſh Hierarchie, and the like?
Theſe quaeries are of themſelves ſo ſatisfactory, that they need no anſwer; for even in all oaths, which are not of Allegiance, contracts, & promiſes, though they be uttered, or written in abſolute terms, there is always ſome condition implyed, and included, as is the mutuall promiſe the firſt day of marriage; and Seneca in his fourth Book de Beneficijs, Chap. 35. giveth many pregnant inſtances. Tunc fidem fallam, tunc inconſtantiae crimen audiam, ſi cum omnia eadem ſint, quae erant promittente me, non praeſtitero promiſſum, alioqui quicquid mutatur libertatem facit de integro conſulendi & meam fidem liberat. That is, I ſhall then break my faith, and incurre the crime of inconſtancy, if I doe not fulfill my promiſe; all the things being the very ſame that they were, when I made the promiſe. And having made that good40 by examples, headdeth, omnia debent eſſe eadem quae fuerint cum promitentes ut promittentis, fidem teneas. That you may keep the faith, every thing muſt be the ſame it was when you promiſed. And in the 39 Chapter, he is very full, and ſaith, that in all promiſes, ſubeſt tacita exceptio, ſi potero, ſi debebo, ſi haec ita erunt: effice ut idem ſtatus ſit cum exigitur qui fuit cum promitterem, ſi aliquid intervenit novi, quid miraris, cum conditio promittentis mutata ſit, mutatum eſſe conſilium: eadem mihi omnia praeſta, & idem ſum. There is a tacite exception, if I can, if I ought to doe it, if the things be thus: make that good that the ſame ſtate doe continue, when it is demanded, that it was, when I made promiſe; if ſome new things come in the interim, why doe you marveil that the reſolution is changed, ſince the condition of him that promiſed is alſo41 changed: ſee that all be as they were, and I am the ſame. This very ſubject, that promiſes and contracts, are conditionally to be interpreted, though the interpretation is not expreſſed, is handled by Queene Elizabeth, in a controverſie betweene her ſelfe and the Hollanders, in the clearing of which, She maketh uſe of this very place of Seneca. The whole paſſage is worth ſetting down briefly, being more largely related by learned cambden in his Annals, in the year 1595. The Queen being in a manner weary with the length of the warre that the States of the Low Country had with Spaine, and the greatneſſe of the expences, ſhewed this unto the States by her Ambaſſador Sir Thomas Bodley, reſident in Holland, particularly, that England being exhauſted of wealth and military men, She required, not onely eaſe of the charge of42 the charge of maintaining Auxiliary Forces, but alſo that they would repay ſome part of her expences. They, after ſome complements, and a demonſtration to the Queene, of the great loſſes they lately ſuſtained, and the heavy burden that lay upon them in proſecuting a warre againſt ſo potent an Enemy, deſired forbearance, but ſo, that they promiſed to pay a part of the money: when the Queen required a greater proportion, they ſtood ſtifly upon the Contract in the year 1585. by which, the money was not to be repaid before the warre was finiſhed; and preſſed her upon her Honour not to ſtart back from Her Contract: But She, by the advice of her Counſellours of State, replyed, That all Contracts with a Prince, are underſtood to admit an interpretation of ſincere fidelity, and no publick d•triment, cauſed by the Contract:43 That 'tis no breach when it is done by accident of a new caſe, concerning which, other proviſion would have been made, if it had been thought upon: That every Contract, though ſworne, is underſtood if matters continue in the ſame ſtate; but not, if they be changed: That a man is bound more ſtrongly to the Commonwealth, then to his own promiſe; and out of the authority of Seneca, that a wiſe man doth not change his determination, all things continuing which were when he took it.
Letter.
Moſes, by the ſame power by which he plagued Aegypt, was able to take the people out of Aegypt, which yet he never attempted without Pharaohs permiſsion.
Conſideration.
FOr although God commanded the Sacrifice, yet ſince the place was not defined, they could not be exempted from obeying the King.
Letter.
ANd becauſe ſome might ſay, that the Chriſtian people was bidden to obey the Emperours meerly out of neceſsity, and to avoyd perſecution, the Apoſtles words alledged, commanding obedience to the higher Powers for Gods ſake, takes away any ſuch thought: And St. Paul bids us to yeeld obedience to the higher Powers, not only for wrath, but alſo for conſcience ſake; that is, not only for feare of puniſhment, but becauſe conſcience, and Gods Word, doth bind us thereunto. Jeſus Chriſt himſelfe, appearing before Pontius Pilate, to be judged by him, by that, acknowledeth that Pilate had received that Power from God.
Conſideration.
WEre it not too much to diſgreſſe from the ſubject in hand, which is, of the power of the Chriſtian Magiſtrate in ſacred things; this part of the Letter45 ſtrongly aſſerting out of the words of the Apoſtle, Rom. 13. That obedience and ſubmiſſion is due to that Magiſtrate which by Gods providence hath got the Supremacie, would lead me to a further conſideration of it; but having but now taken liberty to digreſſe upon the ſame, I ſhall onely obſerve upon this part of the Letter, that Jeſus Chriſt did not except againſt the power that Pilate tooke to judge him; but rather ſaid, that that power was given him from God. Thus in the fourth of the Acts Peter and John doe not except againſt the validity of the Court over them, but freely acknowledge their Judges: We are examined (ſay they) of the good deed done in the impotent man. The ſtate of the controverſie was, whether it was lawfull to heal any one in the name of Jeſus? Peter, in the name of the Apoſtles, proved it was lawfull, becauſe Jeſus was an46 Head over the Church, and was author of Salvation, which they further ſtrengthened by proofes, from his Reſurrection, and antecedent Oracles; and when they were forbidden to preach any more in the name of Jeſus, they replied, Judge yee whether it be right in the ſight of God, to hearken unto you more then unto God. Intimating, that even the power of judging, whether Jeſus was the Meſſias, did belong unto them.
Letter.
Of the Power of Kings over the lives and calling of the High Prieſt, we have a cleare example in the 1 Book of the Kings, Chap. 2. Verſ. 26. where Salomon ſaith to Abiathar, Thou art worthy of death, but I will not at this time put thee to death; only was contented to thruſt him out from being Prieſt unto the Lord, and confined him to his houſe at Anatoth; and oft-times the Roman Emperors,47 and the Chriſtian Kings, have puniſhed Biſhops and Paſtors with baniſhments, ſtripes, yea, with death. The Emperour Conſtantius did remove Liberius Biſhop of Rome from the function of his Epiſcopacy, and baniſhed him to Berea.
Conſideration.
THis example, and many more he addeth, are ſufficient to evince, that the Magiſtrate hath power to exauctorate, or degrade; and thereupon to put another in the place. He that hath power to expell a Biſhop from his Dominion, hath alſo power to thruſt him out of his Sea, which is within the Dominion; and if the Election was not an Act of the Soveraign Power, either by his conceſſion, or delegation to others, the Miniſter, or Biſhop could not be put out, but by the power that inveſted him. Any Act, which may contribute towards the ſecuritie,48 peace and weal of the ſtate, is of the cognizance of the ſupream power of that State, and the Jus ſacrum was compriſed under Jus publicum; for the definition of Jus, is the knowledge of Divine and humane things.
Letter.
IN the dayes of Valentinian, Damaſus and Urſicinus, being competitors of the ſea of Rome, the ſedition being grown to that height, as that there was found 137 dead bodies in a Baſilisk, but the commotion was appeaſed by the authority of the Emperour, who expelled Urſicinus, and ſetled Damaſus.
In the yeare of our Lord 420. there aroſe a great ſtrife between Bonifacius and Eulalius, competitors for the ſea of Rome, by the claſhing of the Suffrages of the people of Rome, to whom at that time belonged the power and right of election. But the authority of Honorius49 intervening, he thruſt out Eulalius, and preferred Bonifacius, and withall made this Law, that if it falls out, that againſt right, and by the raſhneſſe of the contending parties, two are made Biſhops, we will not ſuffer that either of them be Biſhops: this Law is found in the Decree of Gratian. Diſtinct. 79. Canon, ſi duo forte.
Conſideration.
THough the election of Paſtors ſhould naturally belong to other Paſtors, or Chriſtian people, as naturally every one chuſeth a Tutour to his ſonne; a Patient, what Phyſician he liketh beſt; a Merchant, his Factor; yet no doubt but the Soveraign power may exerciſe ſuch actions that have no definitive bounds and rules preſcribed by the dictates of nature; thus in many places, the Soveraigne power will provide50 Tutors for Pupills, publick Schoolmaſters for youth; Phyſicians for Townes and Cities: Beſides, the Factions, Schiſmes, and Hereſies, may ſo rend the State, that if the ſupream power hath not a chief regulating hand in the election of Paſtors calling, or convocation of Synods, it will never be able to ſettle the peace and ſecurity of the State upon a right Baſis: The Canons about elections have no life nor validity, but what they receive from the ſupream power; much leſſe the elections, which are regulated according to the canons and decrees.
Letter.
IN the yeare of our Lord, 451. The Emperour Theodoſius the II. (whoſe piety and goodneſſe is generally commended) expelled Neſtorius Patriarch of Conſtantinople, and baniſhed him.
51In the yeare 498. a great ſtrife happened about the election of a Biſhop of Rome, betwixt Symmachus and Laurentius; the King Theodorick taking notice of the ſtrife, and hearing that Symmachus had been firſt named, preferred him before Laurentius: but ſoon after Symmachus being accuſed of many crimes, he appointed Peter, Biſhop of Altin to iudge of the accuſations, and look to the diſorders of Rome.
In the year 525. King Theodorick ſent Iohn Biſhop of Rome Ambaſſadour to Iuſtine the Emperour; but this Iohn behaving himſelfe contrary to his inſtructions, Theodorick put him to death in priſon. Gregory the I. Biſhop of Rome, who wrote about the yeare of our Lord 595. writing to Maurice the Emperour, calls himſelf unworthy ſervant, and ſubject to his commands, yea duſt and aſhes in his52 preſence and a worme.
In the yeare 654. Conſtant the Emperour, put Martin the Biſhop of Rome in chaines, and baniſhed him to Cherſoneſus, where he died. Under Pepin, Charles the Great, and Lewis le Debonaire, the power of the Romane Pontife grew by the liberality of thoſe Kings; yea, ſince them have they been often ill intreated, puniſhed, degraded and depoſed by the Emperours of Germany, and the Kings of Italy; and the Hiſtories of Germany, France and England are full of examples of Emperours and Kings, who have dealt roughly with the Biſhops, putting them out of their ſea, &c. There is no doubt made, when the King Clouis was a heathen, but that he had an abſolute power over all French, both Lay and Eccleſiaſticall, and, that retained ſtill the a Chriſtian, he being afterwards ſame power, elſe53 he had been a loſer by his change, and ſuffered a diminution of authority in his Empire: Under the firſt line of our Kings, Councells were aſſembled by their command, and the Biſhop of Rome never intermedled, and had neither Nuncioes nor Legats in France.
Conſideration.
THat the Supream power even of contrary Religion, challenged power as well over Ecleſiaſticall perſons as cauſes, and were acknowledged competent Iudges; we may ſee by the appeal of Saint Paul who appealed to Ceſar, I ſtand (ſaith he) at the Judiciall ſeat of Ceſar; there I muſt be indged; and when Saint Peter (not declining the Iudgement of the Councell) ſaid, Act. 4. Whether we ought rather to obey God or man, Judge yee? And the great controverſie about the Temples of Jeruſalem and Garizin,54 between the Iewes and the Samaritanes, was decided by Ptolomeus King of Egypt, and which was moſt materiall by the Law of Moſes; and his judgement was right, pronouncing to which of them the Temple and Prieſthood did belong.
Letter.
GRegory of Tours, who wrote about the yeare of our Lord 585. the hiſtorie of France, in the 18 chap. of the 5 book, ſpeaks thus to the King Chilperick, If any of us, O King, go beſides the path of righteouſneſſe, thou mayeſt redreſſe him; but if thou doſt tranſgreſſe, who ſhall be able to correct thee, we ſpeak to thee, and thou heareſt us, but if thou wilt not, who ſhall have the power to condemne thee, but he that is Iuſtice it ſelfe. At that time the Biſhop of Rouen named Praetextat was in great reputation;55 yet was this Biſhop being accuſed to have adhered to Meroue, who rebelled againſt Chilperick, clapt into priſon by the Kings command, and ſore beaten, and baniſhed to Garnſey.
Conſideration.
ALL this is ſufficient to prove that the Soveraigne power of the State, hath alwayes challenged power over Eccleſiaſticall perſons: by that which follows, it will be as clear, that they challenge likewiſe the cognizance and ordering of Eccleſiaſticall cauſes and actions.
Letter.
THE Greek Emperours, have called all the oeconomick Councells, not expecting the conſent of the Biſhop of Rome, and often againſt his conſent, as the firſt Councell of Conſtantinople, and of Chalcedone. Yea, in matters of Religion, and Eccleſiaſticall policy, one56 cannot deny but that the Soveraign power of the State hath made orders. David made twenty foure ranks of Prieſts; Salomon had the chief overſight of the building of the Temple, and bringing in all the veſſels. We ſee in the Code of Iuſtinian, great number of Lawes concerning, not only, the policy of the Church, but alſo the purity of the doctrine; as be the titles, de ſumma Trinitate & fide Catholica; de Epiſcopis & Clericis; & ne ſanctum Baptiſma iteretur. By which Lawes it appeareth, that the Emperours had power to puniſh the Biſhops, namely by the 123 Authentick chap. 1. the Emperour ſpeaketh thus, Si quis autem extra memoratam obſervationem Epiſcopus ordinetur; jubemus hunc Epiſcopatu depelli. Yea, he there addeth pecuniary Fines.
Conſideration.
AS by theſe Lawes in the code of Juſtinian, it appeareth, that the Emperours had power to puniſh the Biſhops, as the Letter ſaith; ſo doe they much more clearely aſſert the right and power which the Supreame Magiſtrate hath, not only over all cauſes, they call Eccleſiaſticall, but to make Lawes and Conſtitutions, of the ſame nature as the cauſes be.
Letter.
A Great part of the Capitularies of Charles the great, and of Lewis le Debonnaire, are Laws Eccleſiaſticall, like thoſe we read in the Councels of thoſe dayes. The Councell of Meyns, held in the yeare 813. begins thus: Carolo Auguſto verae religionis Rectori & Defenſori Sanctae Eccleſiae: And the ſecond Councell of Meyns ſpeaks thus to Lewis le Debonnaire at the opening of it: Domino & Sereniſſimo58 & Chriſtianiſſimo Regi Ludovico verae religionis ſtrenuiſſimo Rectori & Defenſori Sanctae Eccleſiae. I doubt not but theſe Emperours made thoſe Lawes by the counſell of the Biſhops and Prelats within their Dominions; But they were willing to have them currant under the name of their Imperiall Lawes, and the ſtamp of their Authority; for the Soveraign Magiſtrate is the ſervant of God, appointed by God, to ſee the Law of God obſerved amongſt men, and the pure worſhip of his name ſet up.
Conſideration.
THe Soveraigne Power is conſtituted by God, to the end that men might live godly, juſtly, ſoberly, and peaceably. A Heathen could ſay, that in a Common-wealth, the firſt care muſt be Religion, the〈…〉〈 in non-Latin alphabet 〉, Ariſt. And there is good reaſon59 that the Soveraign Magiſtrate ſhould ſeeke after that, which he is in the firſt place to ask for, which is the Kingdome of Heaven, being the baſis of humane ſociety; ſo ſaith Cicero, Religio eſt humanae ſocietatis fundamentum. But that the duty of the Supream Power is equally to order the religion, and the civill government, St. Auſtin doth plainely ſet it downe in the third Book againſt Creſconius Grammaticus. In hoc Reges ſicut eis divinitus praecipitur Deo ſerviunt, in quantum Reges ſunt, ſi in regno ſuo bona jubeant, mala prohibeant, non ſolum quae pertinent ad humanam ſocietatem, verum etiam quae ad divinam religionem. In that Kings, as they are injoyned by God, doe ſerve God as they are Kings, if within their Kingdom they command good things, and forbid evill things, not onely in things belonging60 to humane ſociety, but alſo to divine religion.
Letter.
ANd I doe not believe, that in England there is any Miniſter of the Word of God found, who doth not acknowledge a ſubjection to the Sovereign Magiſtrate, but is rather exceeding joyfull that the holy Ordinances are ſetled by publick authority; and therefore, there is no feare that any of them ſhould goe about to perſwade that there muſt be an Eccleſiaſticall Common-wealth, differing from the civill, and one Common-wealth within another: 'Tis all the fault we finde with the Pope, and his Clergy, that they have made Imperium in Imperio, and that the Clergy by his Lawes cannot be convented before the Royall Judges: for they have Courts of Judicature, and Priſons ſevered from the civill; they have their appeales to the Roman61 Court, and are freed from taxes and impoſitions.
Conſideration.
THat power which the Miniſters doe challenge, in cenſuring, and puniſhing of offenders, ſuſpending from the communion, or excommunicating, as inherent and intrinſecall to the Miniſters of the word, and not being a branch depending of the jurisdiction of the Soveraign Chriſtian Magiſtrate; that power, I ſay, thus challenged, is as much, as to conſtitute one Common-wealth within another.
Letter.
FOr I doe not thinke, that Biſhops, or Miniſters, ought to render themſelves Judges in any cauſe, civill, or capitall, to puniſh the offenders, by impriſonment, taxes, or bodily penalties. Jeſus Chriſt never authorized them ſo to doe, for he would not ſo much as accept of62 being an arbiter in ſharing of an Inheritance.
For theſe reaſons, I doe not believe that thoſe, in whoſe hands God hath now entruſted the Soveraign Power in England, ſhall have any ground of fearing that the Miniſters, ſo long as they diſcharge their calling, making uſe of that authority that Jeſus Chriſt hath given them, have any intention to intrench upon the Power and Authority of the Soveraign Magiſtrate. But, becauſe the third Article, attributing to the Supream Magiſtrate a right to order all humane actions tending to the Soveraign end, which is the glory of God, and the ſalvation of ſouls, might ſeem to draw this conſequence, that the ſoveraign Magiſtrate is judg of all actions about Miniſtry, and the Preaching of the Word; therefore, the article addeth a prudent cautition, viz. That we muſt obey the Soveraign Magiſtrate, ſo long as his63 commands are not repugnant to Gods commands; for if he ſhould command the abjuring of the Chriſtian Religion, or bowing before an Idol, or ſhould introduce another propitiatory ſacrifice for ſinnes, beſides the death of Chriſt, then ſuch commands were not to be obeyed: Nor doe I ſay, that therefore the State muſt be embroiled, and the Magiſtrate reſiſted; but, that one is rather to endure martyrdome, or all kind of perſecution, then to loſe his ſoule, in giving obedience to ſuch commands. Thus have the three friends of Daniel done, and all the faithfull martyrs. We ſee in the Apologetick of Tertullian, that in his time, the Chriſtians did fill the greateſt part of the Roman Empire, which might have been very empty, had they gone about to flee for perſecution into a remote Country. Read St. Auſtin upon the 124 Pſalme. Valentinian the II. was laboured to take away64 the Temples from the Orthodoxes, and give them to the Arrians; but Ambroſius, Biſhop of Milan, withſtood him: but how? he tels you himſelfe: Dolere potero, potero flere, potero gemere, adverſus arma milites Gottos, lachrymae meae arma ſunt; talia enim ſunt munimenta Sacerdotis, aliter nec debeo, nec poſſum reſiſtere.
To this exception, I would adde another, that the Magiſtrate muſt be obeyed in the actions in which he acts as Magiſtrate, and for ſuch a one taken: For, if a Soveraign Prince be in a Ship, and a ſtorme happens, I doe beleeve, that the Maſter Pilot ought rather to follow the rules of his art, than the will of the Prince, who is not verſed in navigation. The Magiſtrate indeed may forbid the mariners to lanch out of the Port, and to ſaile into Spain, or the Indies; or to import, or export ſuch and ſuch wares; but it doth65 not belong to him to order how the Ship muſt be ſteered, or the ſailes hoiſed up. Thus, a Prince learning to ride, ought, if he meanes to learn, to obey the Maſter of the horſes; yea, as a Saveraign Prince, he hath power over the perſon, life, and goods of the Maſter of the horſes; yea, I ſay, that the yielding of the Prince to the Rider, is a kind of a command to the Rider, ſo to deale with him: I ſay the ſame of a Magiſtrate ſick, obeying the preſcripts of a Phyſitian; he doth obey as a man, and not as a Magiſtrate: whereupon, a queſtion may be moved, whether the Magiſtrate, being at publique prayers, and partaker of the Sacraments, is there as a Magiſtrate, or as a Chriſtian.
Conſideration.
THis ſimilitude, or relation, betwixt a Prince in a ſtorm, and the Pilot; and betwixt a Prince ſick, and a Phyſitian, is66 very pertinent to declare, that the power of the Paſtor over the Soveraign Magiſtrate, is of the ſame nature, and proportionable to that power which the Phyſitian hath over the Soveraign Prince being ſick; or that of a skilfull Pilot in a ſtorme over him, who may be his King, but unskilfull in the art of navigation. This power, is rather a friendly counſell, though exerciſed, and uttered in a commanding way, ſpecially, in the mouth of a Miniſter, who, in the name of God, may command a Soveraigne Prince to redeem his ſins by a ſpeedy repentance; for in effect, 'tis but declaring unto him what be the commands of God for the good of his ſoule. Thus, a Phyſitian following the rules of his art, and his long experience, may charge a King his patient, as he tenders his owne health, which he muſt not obſtinately67 caſt away, to refraine from ſuch and ſuch meates, and doubtleſs, that King would grievouſly ſinne againſt God, who, rejecting the counſell of the Phyſition, and wilfully obeying his owne luſt, and appetite, ſhould thereby fall into a relapſe. It might happen, in a ſtorme, or ſhipwrack, that the Pilot ſhould uſe a kinde of compulſion and violence towards his Soveraign, pulling him (as it were) out of danger, and forcing him to hearken to the meanes of his preſervation: for which, he ought not to be blamed.
Letter.
I Think alſo, that we ſhould make a diſtinction between a Magiſtrate that is faithfull and orthodox, and one that is an Ethnick, or an Heretick: for under a heathen Magiſtrate, I doe not ſee how it can belong to any but the Paſtors of the Church; to manage the Church: for68 ſhall a heathen Magiſtrate, and perſecutor, be a judge of the articles of the Chriſtian faith, or make uſe of ſuſpenſion, or excommunication? Whence it followeth, that the ſtate of the Church may ſubſiſt, although the power of the Keyes, and the governing of the Church, be not in the Magiſtrate: If the heathen Magiſtrate ſhould forbid the Paſtors upon paine of death, to hold councels, or Eccleſiaſticall aſſemblies, or to preach the Goſpel; or if there be ſuch an urgent neceſsity of calling a Councell, to ſtop the current of a peſtilentiall hereſie, or to degrade ſome Paſtors that diſturbe the peace of the Church, or that have crept in forcibly, may the Paſtors be condemned, if they doe privately convene themſelves contrary to the will of the Magiſtrate?
Conſideration.
THis is one of the ſtrongeſt arguments that can be alledged,69 for the power of the Keys, and Eccleſiaſticall Courts, and Jurisdiction, different, and independent from the civill Magiſtrate, becauſe there hath beene ſometimes Church-government, calling of Synods, and exerciſe of Jurisdiction, againſt the will of the ſoveraigne Power, and not complicate with the civill Power. But, in mine opinion, it hath no ſtrength all: for firſt, I lay down this for a ground, that the Magiſtrate, whether Orthodox, or not, doth retaine ſtill the ſame ſupream power over all perſons, and cauſes, of what kind ſoever. Secondly, that in all perſons, and actions of men, under the ſoveraigne Power, this grand rule muſt be firſt obſerved, that God muſt rather be obeyed then man. Thirdly, that many actions, of all kinds, naturall, or voluntary, even meetings, aſſemblies, and orders, obliging ſome70 men, or ſociety, may be done without the cognizance of the ſoveraigne Magiſtrate: For firſt; If heatheniſme, or hereſie, could deveſt a man of the power he hath over all perſons, and cauſes, by that, unjuſt lawes ſhould be no lawes; a diſeaſed man, by the ſame reaſon, ſhould ceaſe to be a man; and a wicked Emperour, as Heliogabalus, ſhould not have beene ranked among the Emperors, nor acknowledged for the ſupreame Judge of the Land, becauſe a bad one: I confeſſe, that a Heathen, or hereticall Soveraigne, cannot but judge amiſſe of perſons, and cauſes, either out of ignorance, or malice; but ignorance of what is right, doth not deveſt him of his right, neither doth a wicked managing of his owne right, hinder it to be a right ſtill: Depraved actions in nature, continue to be actions ſtill. An Orthodox Soveraign71 Magiſtrate, falling into heatheniſme, or hereſie, as Julian the Apoſtate, loſeth no part of his ſupreame power, he that over all cauſes, and perſons; no more doth the Soveraigne Magiſtrate get any addition, or extent of power, if from hereſie, or heatheniſme, he is converted to the Chriſtian Religion. 'Tis the duty of a Magiſtrate, to defend and propagate Chriſtian Religion: It is the Fathers duty to provide for his children; the part of the Supreame Judge, to adminiſter juſtice impartially, though any, or all of them, may faile in the diſcharge of their duty: The King being a perſecutor of the chriſtian people, inſtead of being their nurſing Father; the Father leaving his children to the wide world; and the Judge taking bribes, and being prepoſſeſſed with prejudices: If mens ſins ſhould exempt72 exempt them from their duty, a wicked mans duty ſhould be never to be converted: None will ſay, 'tis not the duty of a Governor of a ſtrong hold, to defend it, although he lets in the enemy without reſiſtance: That 'tis not the office of a Magiſtrate to look to the ſafety of the high wayes, becauſe he either neglects that care, or conniveth at ſuch as doe commit robbery. For the ſecond ground: Suppoſe that the Soveraigne Power doth not impoſe any Law; or rather, ſuppoſe his Lawes are unjuſt, ſhall a man under ſuch a power, live lawleſſe? or ſhall not rather ſuch a man, being a Chriſtian, be tied to be a Law unto himſelfe; or rather, to make the word of God a Law to his conſcience: Sure, ſuch a man muſt not expect the commands of the Soveraign Power to abſtain from ſtealing, or fornication, which73 may be, are authoriſed by Law, but muſt avoid theſe, not for wrath, that is, not for fear of puniſhment, but for conſcience ſake, as the Apoſtle ſpeaketh; thus when Chriſt commandeth the Miniſters to preach, baptiſe, &c. and the people not to forſake their mutuall Aſſembly; no doubt but that both the Chriſtian Paſtor and people are bound to all Church duties, though they have the Soveraign power oppoſite, and threatning all kind of puniſhment to thoſe that exerciſe them.
If thoſe in authority be wanting to their duty, I have no reaſon or ground to be deficient in mine. As for the third ground, concerning meetings, aſſemblies, &c. I ſay, that they may be ſuch as (though it ſhould be granted on all ſides, that the Church and States Juriſdiction were but one) that the very Soveraign power needs not to74 pretend to have an eye over them; It being a kind of right of nature for Merchants trading in the ſame commodity to meet; for acquaintance to appoint a Randezvous. A man being a feciable creature, it is no marvell if men are naturally deſirous to converſe together, without expecting any order for ſo doing. Were not the Heteries and Meetings of the ancient Chriſtians of the ſame nature? And upon that account I ſee not, but the Meetings of congregations of thoſe called Independents are very commendable, and not to be enquired after by the Soveraigne Magiſtrate, nor by Synods which cannot be proved to be of Divine inſtitution, but have taken their originall from thoſe kinds of naturall and innocent meetings, which when they were about things which were neither plots nor conſpiracy to diſturb the peace of the75 State, needed not to be looked after by the Magiſtrate, except when being converted to the Chriſtian Religion, he became himſelf a principall member of thoſe meettings; for then, ſpecially when the meetings are not onely in houſes, but in publick places, and are tending to have the holy Ordinances ſet up and publiſhed as the main rule of life, and groundwork of humane ſociety, his chief duty was to govern the Empire as Chriſtian, contributing his whole endevour towards the defence, maintenance and encreaſe of the Chriſtian Religion, Thus Leo Biſhop of Rome, Ep. 75. to Leo the Emperour, Debes incunctanter advertere Regiam poteſtatem tibi non ſolum ad mundi regimen ſed maxime ad Eccleſiae praeſidium eſſe collocatam: Thou oughteſt ſoberly to conſider that the Royall power is not onely committed to thee for the76 Government of the world, but chiefly for the defence of the Church.
Letter.
ALL the difficulty then is concerning the Orthodox Magiſtrate, and one that is endowed with the true knowledge of God, ſuch as, by the mercies of God, the Magiſtrate of England is; upon that the fifth Article ſaith, that the Reformers have indeed purged the Popiſh Doctrine, but have reſerved to themſelves the Soveraigne cognizance of the actions they call Eccleſiaſticall, challenging the power of the Keyes, which when all is ſaid, is reduced to this ſentence, that God muſt be rather obeyed then men. The Authour of the Articles thinks that the Reforming Paſtors in retaining the power of the Keyes, have not obeyed God: he doth indeed acknowledge, that under a Prince of contrary Religion, the Chriſtian people have done well to eſtabliſh77 a government, which they call purely Eccleſiaſticall, and create Elders who are deputies of the people; but he is of that opinion that where the Magiſtrate is of the ſame Religion with the body of the people, there ought not to be any further diſtinction of Juriſdiction; the Church and State concurring into one Chriſtian common-wealth: To be ſhort, all his diſcourſe is tending to that, viz. that in a State where the Magiſtrate is Orthodox, the Keyes and power which the Paſtors had under Magiſtrates of contrary Religion, doth no longer belong to them, but doth onely belong to the Soveraigne Magiſtrate, whoſe power is over all perſons and things, and that in all Aſſemblies, Synods, and Claſſes, the concluſions have no force, if they be not ratified by the will of the Supreme Magiſtrate by whom they uſually are aſſembled.
Conſideration.
VVHat he ſaith from the Author of the articles, that where the Supream Magiſtrate becomes Orthodox, the power of the Keyes doth no longer belong to the Miniſters, ought to be underſtood with ſome explication; for the power of the Keyes is ſtill, and ought to be the ſame whether the Magiſtrate be orthodox or no; there is not in the Miniſters any addition of that power under the heathen Magiſtrate, nor any ſubſtraction of it under a Chriſtian: ſuppoſe that the Chriſtian Magiſtrate and Orthodox ſhould turn Apoſtate, I do not conceive that it follows thereupon, that the power which the Chriſtian Magiſtrate hath over the Church, is through his Apoſtacy devolved unto the Miniſters; for that Legiſlation or Iurisdiction practiſed in Chriſtian79 Congregations, Synods, or Aſſemblies under the heathen Magiſtrate, is no more then a harmony of minds, affections, and actions to holy ordinances and orders; by which Chriſtians may worſhip God more purely, and walk more cloſely with him, which ordinances are either Gods word, or ſuch as encreaſe the power of piety; and as they are publiſhed by common conſent as the beſt rule to walk by; ſo are they in the practiſe of them willingly, and unanimouſly conſented unto, and every member of a Chriſtian ſociety, ſubmitteth himſelf to the rules, exhortations and cenſures of that ſociety or Church, not being awed or compelled by any coercive power, which they cannot avoid, if they liſted, but led by voluntary ſubmiſſion; to which by promiſe, and pact, they are in a manner already engaged. Beſides,80 ſuppoſe that the Magiſtrate doth not impoſe any Lawes to reſtrain ungodlineſſe, or the currant ſins in the world; yea, ſuppoſe that vices are authoriſed by Law; doth either Paſtors or ſociety of Chriſtians get an increaſe of power of Jurisdiction and Legſlation, if they be a Law unto themſelves, and practiſe the duties of piety, and exhort one another ſo to do; Plinius the younger, in the 97 Epiſtle to Trajan, and the tenth book where he ſpeaks of Chriſtians, ſaith, that one of their crimes was, that they joyned themſelves in a covenant, to live unblameably, not to ſteal, not to commit fornication, not to defraud his neighbour, and the like; I believe that none will from that practiſe of the Chriſtians, argue that they took upon them more power for ſo doing, then they durſt under a Chriſtian Magiſtrate, except he were81 of the mind of ſome of late in Authority, in England, who diſliked and endeavoured to ſuppreſſe all godly private meetings, under pretence of Factions. Sure if I miſtake it not, it will be found that the Paſtors power of the Keyes, had no life to compell the diſobedient to Gods ordinances, till they received it from the Soveraigne Magiſtrate, when he gave his name to Chriſt, who both more honoured and exalted Gods ordinances, raiſing them from the duſt, and added weight to the heavenly meſſages, by the mouth of the Miniſters, by being a terrour to the evil, and puniſhing the ungodly. To the power of perſuaſion and declaration he addeth that of coaction; in which the Paſtors have nothing to do. The Biſhop, ſaith Saint Paul, muſt not be a ſtriker,〈…〉〈 in non-Latin alphabet 〉. And hereupon Chryſoſtome ſaith well,82 If a man is drawn from the faith, the Prieſt muſt undertake with patience to exhort him; for he cannot redreſſe him by force, onely he muſt ſtrive to perſwade him, to bring him to the right Faith. Paſtors, ſaith the ſame Father, are appointed to preach,〈…〉〈 in non-Latin alphabet 〉, not to rule or command with authority.
Letter.
HEre I dare ſay, that the Reformers of the Doctrine of the Pope, have not retained the Keys that were under Popery. In reforming the Doctrine, they have alſo reformed the abuſes cleaving, to the Keyes which are abominable,; for in the Romiſh Church, they extend the power of the Keyes, ſo farre as pardoning ſinnes in a judiciall way, ſaying to the ſinner, I abſolve thee from thy ſinnes. The Prieſt renders himſelf Judge, in a cauſe wherein God is the party offended: By vertue of theſe Keyes the Pope83 drawes ſouls out of Purgatory; he looſeth thoſe he never bound, and which are none of his flock: he doth looſe under earth, becauſe Jeſus Chriſt hath ſaid, what ever you ſhall bind on earth: he doth looſe and diſpence with oaths and vows, and freeth Subjects from the obedience due to their Soveraigne Prince; he ſeparates marriages, exempting alſo children from the obedience they owe to their Father, and Mother. Theſe holy men of God, who have reformed the Doctrine, have left off thoſe Keyes, and kept thoſe which Jeſus Chriſt hath given to his Diſciples, and their ſucceſſors, I will give thee the Keyes of the Kingdome of heaven; it was alſo impoſsible to reform the Doctrine, without reforming the Keyes, ſince thoſe Keyes are a part of the Doctrine; they have retained to themſelves, the power to bind and looſe, which Jeſus Chriſt gave to84 his Diſciples, Math. 16. Whatſoever thou ſhalt bind on earth, &c which power goeth no further then Eccleſiaſticall cenſures, as the Lord Jeſus Chriſt teacheth, in the ſame place; giving to underſtand, that by this binding, the rebellious ſinner is put among the Publicanes and ſinners, who were excluded from the Communion of the Church: Thus we muſt underſtand the power of remitting, or reteining ſinnes given by Jeſus Chriſt to his Diſciples. The faithfull Paſtors do remit ſinnes when they releaſe men of Eccleſiacall penalties, and receive to the Communion of the Church the repenting ſinner who was excluded.
Conſideration.
THe Reformers have done as Richard the third, in uſurping a power which yet he exerciſed with moderation, and making of good Lawes; ſo did Auguſtus Caeſar and ſome more: Thus85 the Reformers have reteyned the Keyes, to which they had no more right, then the Paſtors of the Romiſh Church, but have taken away thoſe adjuncts of abuſes, and abominations, adhering to the power of the Keyes. In that ſence, as Richard the third, may be ſaid to have uſurped the Crowne, as well as he, who to uſurpation hath added a tyrannicall Government, and making of wicked and unjuſt Lawes; ſo may it be ſaid that the Reformers, in reforming the Doctrine, have reteined the power of the Keyes: the Article thus ſpeaking, having no further meaning then to ſay that the Reformers, in reforming the Doctrine have ſtill challenged to themſelves an Eccleſiaſticall Iurisdiction, not belonging to the Civil Magiſtrate; even as the Paſtours of the Romiſh Church have donc; though not the ſame for qualifications. 86As for the meaning of the words dic Eccleſiae, tell it unto the Church, it cannot have much ſtrength, what ever interpretation one may give to the words; whether by the word Church we underſtand a Synagogue, or judicatory, as was that of the Iewes, amongſt which there was no difference between Church, and State, or Common-wealth, or a ſociety of faithfull men: and though by the Church Paſtours ſhould be underſtood, I do not ſee here any Iudiciall ſentence binding him that treſpaſſeth againſt his neighbour, but ſtill he may, if he will, hearken without fear of any coercive power ſeated in the Miniſters; and the words, Let him be to thee a heathen or a publican, have no further meaning then have him for ſuch a one in thy thoughts and eſtimation: a Publicans office was lawfull, neither yet could he be excluded87 from the communion, nor from the congregation; the very heathen not being excluded from the latter; for how elſe could they have been converted?
Letter.
THE Reformers then, in reforming the abuſes in the Doctrine, and Keyes, have retained the Keyes, and power to bind, and unbind, committed to them by Jeſus Chriſt: The Author of the Articles acknowledgeth, that the Paſtors of the Church have well done, to retain that power under the heathen Emperors, that is, almoſt for the ſpace of 350 yeares from Chriſt to Conſtantine, the firſt Chriſtian Emperour; ſince which Emperour, the ſaid Author thinks, that the Biſhops and Paſtors were to part with that Power; and that the Soveraigne Power of the Keyes, did no longer belong to them, but that they were to deſert it, in obedience to God,88 which yet they have not done; for all the ancient Councels, although convened by the will of the Emperours, are full of penitentiall canons, preſcribing the forme, time, and degrees, for publique pennances; in the execution of which canons, the conſent of the Emperours, nor of their Lieutenants was never expected.
Conſideration.
WE have ſeen before, that the power of the Miniſters is neither increaſed, nor diminiſhed, whether the Magiſtrate be Orthodox, or no; and that the power of the keyes, given them by God, hath more lively actings under the Orthodox Magiſtrate. To that part of the Letter, which ſaith, that in the execution of the canons, the conſent of the Emperours was never expected; I ſay, that the Emperours themſelves underſtood that their conſent89 was not required in the execution of the canons, which, as they were Acts of his, ſo might he diſannull them, adde to them, or repeale them, by his Soveraign Authority he had over all perſons and cauſes. In the year 815. Charles the great is ſaid to have added ſomething of his owne to the decrees of the Synod held in Theodon Towne; hoc de noſtro adijcimus: and for the authority of the ſupreame Magiſtrate, in altering, changing, or expunging the decrees of Synods, Bochellus ſaith, that Charles the Bald, did reject a great part of what was ſet forth in Synods by the Biſhops, in the yeare 856. and, that it was the uſuall cuſtome, when ever Synods were aſſembled, that their decrees were not ratified, till the King in his Privy Councell had approved of them; the ſaid King taking away what he diſliked, as it90 was practiſed by the Councels of Tours and Cabilon, under Charles the Great, and as P. Pithoeus hath proved fully. And for the Power of the Soveraigne Magiſtrate, to make his Laws as valid as canons, and as authenticall as Synods decrees, I would goe no further for a witneſſe, then what is related by the Agents and Orators of the Councell of Trent, as may be ſeen amongſt the Acts. The moſt Chriſtian Kings (ſay they) have made many decrees about ſacred things, following the examples of Conſtantine, Theodoſius, Valentinian, Juſtinian, and other Chriſtian Emperors, and ordained ſeverall Eccleſiaſtical Lawes, which they have put amongſt their owne decrees. But, that the execution of the ancient canons, were as much acts of the Emperours, as the execution of decrees made in Chancery, or other Courts, are acts of the Soveraign91 Magiſtrate, though he never heares of it. It can be eaſily proved, by the liberty that the Soveraigne Powers have always kept to themſelves, to diſpence with pennances, impoſed by the canons. Gervaſius, a Biſhop, being excommunicated, was againe received to the communion by Juo Carnutenſis, by the order and appointment of the King of France, Philip the 1. This ſcandalized other Biſhops; whereupon, Juo, though a great friend to the Popes, in a letter to his fellow-Biſhops, juſtifieth himſelfe, and the King; ſaying, That the Aſſembly of Prieſts and people, ought to receive to the communion, whom the Kings piety hath thought worthy of it. In the like language ſpeaketh John, Biſhop of Rome, in the 181 Epiſtle, to Juſtinian; I beſeech your Clemency, to receive them to the unity of the Church, and to your communion, if92 they will forſake their errour.
Letter.
THoſe Reformers have believed, that the change of Religion in Soueraign Princes, could not take away what Jeſus Chriſt had given them, although it was a change for the better: They remembred Chriſts words, commanding him that hath received an offence of his neighbour, to tell it to the Church; that is, to the aſſembly of Paſtors and Rulers of the Churches; and they were perſwaded, that this comand was perpetuall, and to remaine in force to the end of the world: When the Lord beſtowed upon his Diſciples the gift of working Miracles, and ſpeaking Tongues; In this gift, they have not had any ſucceſſors, becauſe the miracles done by the Apoſtles, are uſefull to this day, to confirme and ſtrengthen the Goſpel: but the graces, and callings, granted for the peace of conſcience, and for reconciling93 penitent ſinners, and maintaining the Church in good order, ought to be perpetuall, and the Apoſtles were meerly truſted with them, that they ſhould tranſmit them to Poſterity: and it is certain, that the pardon granted by the Apoſtles to ſome in their times, (namely, to the Corinthian inceſtuous perſon) cannot be of uſe to ſinners of theſe dayes; theſe graces and actions being perſonall. The ſame Reformers have conſidered, that as there are various turns of the things of this world, and the wils of the great ones of the world, are ſubject to mutability; it may fall out, that in a country where the Magiſtrate is Orthodox, the ſame Magiſtrate may come to be an heretick, idolater, or perſecutor, and therefore it is not expedient, that the ſpirituall graces and callings ſhould depend of the inſtability of temporall things, and of the changes which may happen in States and Commonwealths. 94If ſo be the Paſtors under an Orthodox Magiſtrate, had reſigned to him the power of the keyes, no doubt but the Magiſtrate Idolater, who ſucceedeth, would not permit the Paſtors of the Church to reſume the authority, which they ſo willingly did forgoe.
Conſideration.
VVHether the Magiſtrate be Orthodox, or no, the maine duty, and action of a Chriſtian, depends not of the Magiſtrate; as, to feare God, and keep his commandements, to bebeleeve in Jeſus Chriſt; yea, even when the Magiſtrate is moſt averſe, he cannot hinder the laſt action of martyrdome, from being an honourable badge of Jeſus Chriſt, ſealing the truth of the Goſpel with his bloud. Now, whereas the letter ſaith, that, had the Paſtors quitted the power of the keyes to an Orthodox Magiſtrate,95 a ſucceeding Magiſtrate that were an idolater, would not permit them to reſume it; there can be no ſuch fear, for as an orthodox Magiſtrate permitting for ſome reaſons of State, an Idolatrous religion, wil either diſdain, or make a ſcruple of conſcience to have a hand in regulating an Idolatrous worſhip, but will leave to the Profeſſours, the whole ordering of their Religion, ſo it be not to the diſturbance of the State. In like manner will an Idolatrous Magiſtrate deal with Orthodox Chriſtians within his Dominions, and not ſo much vouchſafe to know what is that power of the Keyes, much leſſe to have the handling of them: If he can but hold the Sword, it matters little to him who handles the Keyes.
Letter.
I Wiſh, the Authour of the Articles had explained himſelf more96 fully, and ſince he is of opinion, that the Paſtours under a faithfull and orthodox Magiſtrate, ought in obedience to God, to render to him that power which they had under a Magiſtrate of contrary Religion, he had alledged ſome places of Scripture proving that ſuch a command is laid upon them that God may be obeyed.
Conſideration.
COmmon ſence teacheth us, that when a Prince, either through incapacity, ignorance, or minority knoweth not the extent of his juſt power, he may upon knowledge thereof extend it further, and behave himſelfe otherwiſe upon better thought or inſtruction. Thus if a Prince being a heathen knoweth not that his chief duty and office is to govern, adorn, and defend the Chriſtian Religion, and people, and to promote the ſalvation of thoſe which are under97 his Government; who doubts but afterwards giving his name to Chriſt he is above all other cares obliged to care what heretofore he did not know to concern his care; and if when he was a heathen; the Paſtours did ſupply that, wherin he was deficient, there is no queſtion to be made, when afterwards he is a Chriſtian, but that their duty is not onely to render him his own, but alſo inſtruct him, and make him know the extent of his power, and tell him his duty is to throw his ſcepter at the feet of Chriſt, and mainly ſeek and care for the things pertaining to the Kingdome of God: And likewiſe if the ſaid Magiſtrate upon deliberation takes that charge upon him; who doubts, but that (although the duties of the Paſtours be never the leſſe) their burden is ſo much the lighter and that they have leſſe to care98 for. The civil Lawyers tell us, that if a man by Will, is appointed Guardian to a Pupil, and cannot produce the Will, the ſoveraign Magiſtrate may ordain any one to be Guardian till the Will be produced: This is the very caſe, and the application is eaſie, that the Soveraign Magiſtrate is ſet Tutour over the Chriſtian people, by the will of God; now the while a Will is concealed, it is well if ſome body takes care of the Ward; and it matters not much, who be the Guardian, ſo that the Ward do not ſuffer dammage in his perſon or eſtate; but when the Will is produced to the Supream Magiſtrate, good reaſon then, he ſhould diſcharge the part of a faithfull Tutour, and the maine truſt laid on him, and intended in the Will, which is, that thoſe that are under his tuition may inherit the Kingdom of heaven. To that99 purpoſe the Author of the book de regimine Principum, aſcribed to Thomas Aquinas, hath a golden ſaying, The end which principally the King muſt intend in himſelf, and Subjects, is eternall beatitude, which conſiſteth in the viſion of God, and becauſe that viſion is the moſt perfect good, every King or Lord, is chiefly to endeavour himſelf, that his Subjects may attain to that end.
Letter.
ANd ſince the Scripture ſaith, the Church is made up of two kinds of perſons, viz. Shepherd and ſheep, he ſhould have declared, whether he ranked the Magiſtrate amongſt the Paſtours or Sheep.
Conſideration.
THE Magiſtrate is among the Sheep in relation to the Paſtour; as he is a Patient in reſpect of his Phyſician, and a Diſciple in reſpect of his maſter,100 teaching him Arts and Sciences, & in a ſhip he is but one of the vectores in relation to him that guideth the Ship, and ſits at the ſtern: Beſide in ſome regard, the Soveraign Magiſtrate is the Paſtor, as David is ſo called, and the Chriſtian people the Sheep: theſe relations being mutable accidents, and not inſeparable properties, do not in themſelves either abaſe, or elevate the nature of the Subject.
Letter.
THis alſo is a point worthy the conſideration. If when a Magiſtrate liveth diſorderly, and is guilty of enormous crimes, the Paſtour may not deal with him with reprehenſions and admonitions, and when the Paſtour ſeeth apparantly that ſuch a Magiſtrate cannot be partaker of the holy Supper of the Lord but to his condemnation, whether he may let him periſh without101 reproving and advertiſing of him. Conſideration
AS a Magiſtrate being ſick, is ſubject to the orders of the Phyſician; ſo as a Sheep, he is no leſſe, yea, more ſubject to the power of the Keyes, then the meaneſt of the flock: for the more he is expoſed to contagious vices, which he doth countenance by his example, the more need hath he of antidotes and preſervatives. It was an old and true ſaying, miſer eſt Imperator cui vera reticentur. The power of the Keyes declaring from God a meſſage; no doubt but the Soveraign Magiſtrate is equally concerned to heare God ſpeaking, as any one of the common people.
Letter.
ANd ſince the Authour of theſe Articles ſaith that the Soveraign Magiſtrate, ought to have102 in all cauſes and actions, and over all perſons an abſolute power, ſo that he commands not any thing contrary to the word of God (for in theſe caſes he holds diſobedience to be juſt,) it had been needfull that the ſaid Authour had told us, who ſhall be Judge, whether the Magiſtrates commands are repugnant to Gods commandements, in caſe any difference be moved thereupon?
Conſideration.
TO this queſtion I anſwer, that none can be a viſible Judge, but he that is the Soveraigne power of the Common-wealth, and though he judgeth erroneouſly and partially, he hath onely God that ſhall judge him. Paſtors or Congregations, muſt either acquieſce to his judgement and deciſion as being onely legall, or they muſt ſuffer for righteouſneſſe ſake. Now if one ſaith,103 the Paſtours muſt be Judges, this Judgement muſt be, either of authority, or of diſcretion. This latter judgement is that by which every man having reaſon and conſcience, is able to diſcern what is true, what is falſe, what is fit and uſefull, and what is unprofitable and hurtfull: by this judgement every Paſtor, yea, any other man, may judge of the wrong wayes the Magiſtrate takes; and the Paſtour may go yet further, for being convinced in his judgement and conſcience, that the Magiſtrate liveth in an ungodly way, he may and muſt preſſe unto his conſcience Gods word, and his Iudgements; but by the firſt kind of judgement which is of Authority, I do not conceive the Paſtors can judge the Soveraign Magiſtrate, only they muſt ſtrive to perſwade him, counſell him, and uſe no other forcible arms, then104 prayers to God and tears. Lachrymae meae arma ſunt, ſaith St. Ambros to the Emperor Valentinian II. for it cannot be conceived that two ſoveraign powers can ſtand together in a State; and Civilians have ever ſo contrived Laws and Courts, as they do not juſtle and claſh one againſt another. Thus though paternall right is moſt naturall and ancient, yet have they alwayes ſubjected it to the Soveraigne Magiſtrate, and make that yield to this; Now, as they make three kinds of actions, Eccleſiaſticall, Iudiciall, and Military: ſuppoſe the Soveraigne power Eccleſiaſticall ſhould bid a man to go to Church; the ſecond power ſhould bid him to go to the market and the third power to the Leaguer; I demand, how ſhall this man be able to fulfill all theſe commands at once; belike he will obey none, for as ſaith Tacitus,105 ubi omnes praecipiunt, nemo exequitur, when all do command, there is none that obey, therefore, there muſt bee an order among the powers, one being ſubaltern to the other; elſe you can no more conceive a parity of powers, then two Gods in the world.
Letter.
ANd becauſe ofttimes, dicuſsions may happen in the diſcuſsion of the true Doctrine, and upon points of great concernment to the Chriſtian Religion, the authour of theſe Articles ſhould have declared whether he underſtands that the Soveraigne Magiſtrate is to decide thoſe controverſies? and whether his meaning is, that the Supream counſel be made up of Divines expert in theſe matters.
Conſideration?
THough the Soveraigne power ſhould have little or106 no inſight in things pertaining to the Kingdome of heaven; yet being by Gods providence the Supream Iudicature of the Countrey; this muſt be taken for a Iudgement of God, who, as it is ſaid in the 4th of Daniel in his wrath ſets the moſt contemptible amongſt men; and children, for Kings, even children in judgement, over the people, that they may depend more on the King of Heaven. Yet the moſt part what they want in perſonall abilities to act of themſelves, they recompence in judgement and diſcretion about the choice of Counſellours; many unlearned Fathers, and unacquainted in the wayes of education of children, will have a good ſagacity in chooſing able Tutours for their children; In like manner the Soveraigne Magiſtrate may wiſely order the courſe of Law, Sciences, Arts,107 Trades, Manufactures, though he be litttle or nothing verſed at all in any of them. And if it were required that the Soveraigne power ſhould be exactly converſant in all the actions they order, there had need to be in a State ſo many Soveraigne powers as there be acts and diſciplines; and were they never ſo capable, yet they will do wiſely to chooſe able Counſellours; much more in a matter of ſo high importance, as is the deciding of controverſies in Religion, and ordering the actions belonging to the Kingdome of heaven, ubi magna negotia, magnis egent adjutoribus: and amongſt thoſe Counſellours, none will be ſo fit as Divines, men of Learning, Gravity, and Piety. Thus if the Soveraigne power goeth about to reform the abuſes of ſeverall Profeſſions, and Arts within108 his Dominions, as for example of Phyſick, no doubt but he will joyn with his Counſell, the moſt skilfull of that Art. But that the Paſtours or Miniſters, are not the fitteſt to have a Supream Iurisdiction over perſons and cauſes, they call Eccleſiaſticall, reaſon, and the ſad experience of former times teacheth us: for were they endowed with knowledge by Revelation; and had Eccleſiaſticall Aſſemblies compounded meerely of Divines, a non-erring gift not communicable to any other Aſſemblies of men; I ſhould willingly, and neceſſarily admit that Divines ought to be aſſiſting the Chriſtian Magiſtrate, not onely as Counſellours, but alſo as Iudges coequall to them, yea, Superiours in that Iurisdiction, which they challenge to themſelves; but the gifts of Government, being109 not inſeparably joyned with thoſe of preaching, and the Miniſters not being endowed with〈…〉〈 in non-Latin alphabet 〉, or infallibility more then thoſe that ſit at the Stern of the State can be; I do not ſee but that their proper place, and employment, is to be counſellours to the Soveraigne power in matters belonging to the Kingdome of heaven. But being falne inſenſibly upon the rank and ſtation that Miniſters ought to keep in a Chriſtian Common-wealth, becauſe it is a matter complicate with the queſtion in hand, concerning the pretended Eccleſiaſticall Juriſdiction diſtinct from the Civil, it will not be amiſſe to diſcuſſe, which of the Governments, either by Biſhops, or onely Presbyters is moſt conſiſtent, and compatible with the peace and ſafety of a Chriſtian Proteſtant State. If it be admitted on all ſides, that there110 is but one power of Legiſlation and Jurisdiction, in all cauſes, and over all perſons belonging to the Supream Magiſtrate, I conceive that then Biſhops & overſeers ſet over many Congregations; beſides that they are more agreeable with the Primitive inſtitution, will much eaſe the Supream power of the care they muſt take in ordering perſons and cauſes nearer concerning the Kingdome of heaven: for his inſpection being but over the Biſhops, Factions and Hereſies will not ſo eaſily ſpread among the multitude of the Chriſtian people; as if he were immediately to overlook the actions of the great body of Presbyters, who being numerous, may eaſily eſcape his eyes, and have a greater freedome to innovate. Therefore Moſes being Supream in all cauſes, and over all perſons, It was a wiſe counſel of Jethro his father111 in Law to wiſh him to ſet under him men over the people, who beſides that, they bore the burden with him; thoſe men being far leſſe for number then the people, it was eaſie for Moſes to overſee them. But under thoſe Magiſtrates who ſhould condeſcend to a divided and diſtinct Iurisdiction, one being civill and exerciſed by themſelves; the other Eccleſiaſticall and of Divine right belonging to the Miniſters of the Goſpell; In that caſe I do conceive that few Biſhops ſet over Presbyters, and being Independent from any other power, have a greater opportunity to Lord and tyrannize over the Chriſtian people, then a numerous company of Presbyters of the ſame rank and equall Authority can have.
Letter.
NOw for that, the Author of the articles would have this diſtinction of civill and ſpiritual aboliſhed; 'tis a thing very hard to change and alter the nature of things, as if one would take away the diſtinction betwixt black and white: Let men doe what they can, and ſay what they will, the queſtions about Faith will be ſtill ſpirituall things; and ſuites in Law, for money, or houſes, will be ſtill civill and temporall matters: If we change the words, the nature of things cannot ſuffer alteration.
Conſideration.
THe Magiſtrate is no more head of two things, Church & State, then of thouſand kinds of actions in a Chriſtian Common-wealth, which, for every one of them, needs not a particular Soveraign a Power: Now, theſe two things, Chriſtian Church, and Common-wealth, cannot be ſo much113 as conceived to have a reall being without each other; for, as every man is a reaſonable creature, and every reaſonable creature a man; ſo, every Chriſtian Commonwealth is a Church, and every Chriſtian Church a Commonwealth; I ſpeak of thoſe Churches, that have as large, and ſpacious extent of place, as the Common-wealth it ſelfe; for, in ſome other ſence, a family in a houſe is called a Church, and according to that acception, every Church ſhould not be a Chriſtian Common-wealth; I think the Church is not different from the Chriſtian Common-wealth, more then the underſtanding is from the Soul; for as powers and faculties are believed by great Philoſophers not to be diſtinguiſhed really from the Soul; however, though there ſhould be a difference, it cannot be ſo diſtinct, as114 that the power can have a diſtinct being from the Soul, but that at leaſt all powers are ſubaltern, and ſubordinate to the chief power, called〈…〉〈 in non-Latin alphabet 〉, which ſits at the ſtern of all faculties, and directs and modifies all actions though never ſo ſeverall, contributing as well to ratiocination, and viſion, as to the coction and expulſion. In the like manner, that Soveraigne power, in a State, though one in eſſence, hath its ſeverall faculties or powers, from which ſeverall actions do ſtream tending to the ordering of the whole man, in his being and wellbeing, as well in things of the inward man, as the outward. And to follow he analogy between the body of man, and the State, it is no little illuſtration to beget belief; that as the primum movens, or Soveraigne power is one, and extends it ſelf as far, as115 it is circumſcribed by the cuticula or thin skin; there being not one Soveraigne power for the head, another for the lower regions, and a third for the hands and feet. So in a State bounded, as England, by certain limits, no doubt if it be one State or Comon-wealth, it hath one Soveraigne power; reaching as well to Cumberland, as to Kent and Cornwall, over all perſons, actions and cauſes; for if ſome perſons or cauſes were exempted, as for example, the perſons and cauſes they call Eccleſiaſticall within the ſame limits of Land; I do not conceive that there can be any ſuch power, nor can I Imagine where that power in matters Eccleſiaſticall or ordering Church wayes ſhould reſide, by which the Supreame Civill Magiſtrate is bounded; but there may be as well ten thouſand Supream powers and Courts116 Eccleſiaſticall within England, as one ſingle generall power; for the Civill Magiſtrates Jurisdiction being diſtinct from the Eccleſiaſticall, he may not hinder that multiplication of powers; every one of theſe powers aſſuming to be ſui Juris in ſacred things: or if he hinders it, and prevaileth to have but one Soveraign power in Church matters in all his Dominions; this very act of prevailing will be a ſufficient demonſtration that there is but one Soveraigne power over all cauſes and perſons Eccleſiaſticall and Civill: & indeed the taking away the branch of the Jurisdiction, and power of the Chriſtian Soveraign Magiſtrate, in things pertaining to the Kingdome of heaven, is as much as to deſtroy all Eccleſiaſticall power and Jurisdiction; for beſides that, this makes the Magiſtrate but a cipher or zero in ſacred things, it117 aboliſheth all Eccleſiaſticall Diſcipline, Pariſh meetings, publick and uniforme exerciſes of the ordinances, which cannot be performed, but by the ſupreame Magiſtrates ordering, permiſſion, or at leaſt, connivence; and it reduceth all Church wayes to the congregational; which way, though it cannot be diſproved, all men naturally having a power to aſſociate themſelves, upon their ordinary affairs, without the Supreame Powers leave, or ordering: much more when thoſe meetings are pious, innocent, and without danger to the publick weale: yet, if there be no other Church-way within all the Dominions of the Soveraigne Magiſtrate, then the Congregationall; not onely all Power of the Keyes, and Jurisdiction in Church-matters, is quite taken away from the Chriſtian Magiſtrate; but alſo, all118 Presbyteries, Claſſes, Synods, and with them, their Power and Jurisdiction vaniſheth, and comes to nothing; and in truth, it will come to nothing, if you doe not make that publique ordering of Church-way, ſetting up of Ordinances, uniformity of Catechiſing, confeſſion of Faith, diſcipline, cenſures, to be a branch of the Legiſlation, and Jurisdiction, which the Soveraign Chriſtian Magiſtrate is to have over all cauſes, perſons, and actions: for, in Gods name, where can that Power in Church matters be ſeated, but in the Chriſtian Magiſtrate? May be you will ſeat it in all the Chriſtian people, within the Magiſtrates Dominions: But, by this, the Chriſtian people having the Soveraign Power in Eccleſiaſticall, ſhall have the liberty, not onely, as I ſaid before, to make, as in England, either one,119 two, or more, yea, ten thouſand Nationall Churches, as far differing one from the other in Rites and Conſtitutions, as the Scottiſh Church is from the Engliſh, and the Engliſh from the French: the word of God not ſtinting, whether aſſociated Chriſtians ought to be many, or few, in one body; or whether many bodies, or few, in one Nation, as England; and whether they muſt be a collection of Churches joyned in one body of a Nationall Church, or not? And, which is more, this abſurdity, and great inconvenience, will follow from this dividing of Powers, that it will be free for Chriſtians to erect in two contiguous Countryes, under two diſtinct Magiſtrates, as France, and the Territory of Geneva, one collective body of Churches, ruled by the ſame Synods and Decrees, under one Soveraigne Power in120 Eccleſiaſticall; and thus ſhall you have, not Imperium in Imperio, but Imperium in duobus Imperijs, a confuſion of Empires; for, who may have right to keep them from ſo doing? If you ſay, that both the neighbour Soveraigne civill Powers may hinder them; to that I ſay, either it is an uſurpation in them to doe ſo, or if not, then that Power by which the Church is ordered, is ſubordinate to the Soveraigne Chriſtian Magiſtrate, which is all I intended to make good. But it may be ſaid againe, that all the Chriſtians, or all the Congregations, who are big enough to make a Church, (ſuch as the little number of two or three of Chriſt in the Goſpel, gathered together in Chriſts name) within the Dominions of the Soveraign civill Power, will have that humane wiſedome, as to erect but one Nationall Church, and of121 the ſame latitude and extent that the Dominions are: To that I ſay, that this very liberty, and humane wiſedome, which they make uſe of, without a certaine preſcript from God, doth ſufficiently evidence, that they make uſe of the ſame guide, which the Supreame Power doth imploy in the governing of the State; and, that ſince humane wiſedome muſt be be called to help, for the ordering of theſe two things, they will have to be diſtinct, viz. the Church, and State; none can be better truſted with them then the Supream Power of the State, where the Church muſt be conſtituted; and indeed, the Chriſtian Emperours have always modelled the Church after the faſhion of the State, or, if you will, the State after the Church, becauſe they were to depend of one ſupreame Power; for, as they had Biſhops in every122 City, whoſe bounds and extent was called〈…〉〈 in non-Latin alphabet 〉, a Pariſh; ſo had they a Defenſor Civitatis; and in every Province, the Arch-biſhop, or Metropolitan, was anſwerable to the Praeſes, or Proconſul: and in every Dioceſſe, the Primate, or Patriarch, was like the Lieutenant, or Vicarius, or Legatus. To ſumme up all, as the primum movens in the naturall body extendeth it ſelfe to all parts and functions of the body; ſo the Soveraigne Power in a State, hath an equall Jus Imperij in Eccleſiaſticall and civill matters: And as the ſenſitive and vitall parts are equally extended, and circumſcribed by the ſame limits; ſo all the cauſes, of what kind ſoever they be, are bounded by the ſame ſupreame Power within the ſame limits of land, as if on the North ſide, Barwick is the bound of the civill Power of England;123 ſo is it of the Eccleſiaſticall. But it may be demanded, how the ſoveraigne Power may be ſaid to have Jus Imperij in Divine Lawes? I anſwer, that properly, the office of a Soveraigne Power is only miniſteriall, and in regard of God, it is rather an adminiſtration, then a power; but in regard of men, becauſe it bindeth to obedience, 'tis a Power, and Authority: Now, his Law is either juſt, or unjuſt; if unjuſt, yet the obedience to it, being not ſinfull, it muſt be obeyed as a Law in force; for the ſtrength of a Law doth not conſiſt in that it is juſt, but in this, becauſe 'tis a Law ordained by him who hath Authority: Now, if this Law be juſt, it muſt be obeyed for two reaſons, viz. firſt, for conſcience ſake, and for wrath, that is the tye of every Chriſtian, in all the commands of the Magiſtrate, is to obey God,124 and doe whatſoever juſt and honeſt thing lies in ones power; then, for feare of puniſhment; for any precept, though morall, and never ſo juſt, although it bindes the conſcience, yet 'tis no Law binding to obedience in foro humano, till it be reduced into a Law by the Legiſlative Power of the Soveraigne Magiſtrate; for even the ſupream power, though Chriſtian and godly, cannot puniſh a theife for tranſgreſſing the commandement, Thou ſhalt not ſteale, except this Law be alſo a Law of the State. But againe, it may be demanded, what authority and power doe you entitle on the Miniſters of the Goſpel, to whom the Scripture committeth the power of the Keyes, and giveth high Titles, Names, and Eloges? I anſwer, that ſtill they have the higheſt honour in the world, even higher then the Magiſtrates125 and Kings; higher then Judges; for all men ſhall be judged by their Goſpel: they are Ambaſſadours from Chriſt, to earthly powers: as the Kingdom committed to them, is not of this world; ſo their weapons are not earthy, but ſpirituall, and ſharper then any two edged ſword; they condemn, when they doe denounce the judgments of God to impenitent ſinners; they pardon, declaring the mercies of God to penitent and mourning ſinners; they rebuke all kinds of men, teach, exhort, admoniſh, and have a kind of power and authoritie; binding as much, or more to obedience, then the commands of the Soveraigne Magiſtrate; for a man once convinced by the preaching of the word; the word of of the Miniſter, apprehended to be the truth of God, or a command from God, will be like the126 Intellect, which being enlightened doth more powerfully work upon the will to act, then when it is compelled by an externall agent: and even civilly, the reſpect one hath to an Artiſt, binds in a manner to follow his preſcriptions. 'Tis no marvell then if Theodoſius being rebuked ſharply by Ambros, yielded to a cenſure, rather coming from God, which he was willing to undergo, being conſcious of his ſinfulneſſe and deſerts; then that it proceeded from a man endowed with a coercive power of excommunication, to which not to yield had been a rebellion againſt God: as Chriſt alone is the true ſpirituall Legiſlatour, ſo he alone doth either (withold or remit ſinnes Solus (ſaith Hilarius the Deacon) peccata dimittit, qui ſolus pro peccatis noſtris mortuus eſt, and the words of Lombard are very expreſſe to ſhew the extent of127 the power of the Keyes. Sacerdotibus tribuit Deus poteſtatem ſolvendi, & ligandi; id eſt, oſtendendi homines ſolutos vel ligatos, God giveth the Prieſts power to looſe and bind, that is to make known they are either tied or looſed, li. 4. diſ. 18. Saint Hierome upon the 26. of Matth. teacheth us what this poteſtas Clavium is, as the Prieſt makes the Leprous, either clean, or unclean, ſo doth the Biſhop or Prieſt bind or unbind; and ſaint Cyprian, lib. de lapſis, and other where, ſaith, that by the preaching of Miniſters men receive not forgivenes of ſins, but are brought by it to be converted, by getting a Knowledge of their ſins. And ſaint Auguſtine in many places ſaith, that the Miniſter is ſome body in the adminiſtring of the Sacraments and diſpenſing the word, but no body for the Iuſtification of a ſinner, and for working inwardly, except he that128 made man, worketh in the man. Were the nature of Chriſts Kingdome well underſtood, I ſuppoſe that the power of the Keyes would be eaſily ſtated: I mean that Kingdome and power, by which Chriſt worketh by his word and ſpirit upon the ſpirits of men, inclining them to do his will, by perſwading, and not conſtraining them by any coercive power delegated to the Apoſtles and their ſucceſſors in the Miniſtery: Chriſt himſelf ſaith, he is not come into the world to Iudge the world, but that the world ſhould be ſaved by his preaching: And the comparing of Chriſts Kingdome to a grain of Muſtard ſeed, and to leaven hid in the dough, ſheweth manifeſtly, that this Kingdome is propagated by ſecret perſwaſions, and workings, and not by a Iudiciall external power ſeated in the Miniſters conſtraining to obededience,129 upon bodily or pecuniary penalties. Were the viſible Kingdome of Chriſt, a different Kingdome from that of the Chriſtian Magiſtrate, we ſhould read in the Goſpel of ſome Lawes, beſides thoſe about the ſacraments, for the regulating of the ſaid Kingdome: The precepts to believe, to repent, and to be baptiſed are no ſuch Lawes, that for the non-performance of them, men ſhould incurre punition or damnation: for the not obeying of the Evangelicall precepts, is an argument that the wrath of God is upon the tranſgreſſors, and not an effect following upon the tranſgreſſion. He that doth not believe in Chriſt is condemned already: man refuſing to accept of the remedy in the Goſpel, is left to his former miſerable eſtate; and the Law onely takes hold of him. Now this Law denouncing both temporall130 & eternal puniſhment to the tranſgreſſors, it is evident that the power to judge in the world according to that Law, in ordering all cauſes, and puniſhing all kinds of perſons tranſgreſſing, doth belong only to one Soveraigne power, ſubaltern, not to Chriſt as the Soveraigne Preacher and Mediatour, but as God in Trinity, and Trinity in unity; or as God Creatour and Supream Governour over all cauſes, perſons, eſtates, and conditions, temporall or eternall.
Letter.
A Midſt all theſe