The Oath of Supremacy.

§2. For many Years there hath been a Contest about Juris­diction and Supremacy in Ecclesiastical Matters, between the Bishop of Rome, and the Kings of England; who hath got ground herein, according as our Princes were found more weak, necessitous, or devoted to his Holiness. Rome was not built in a Day. By William the Conqueror, Legates from the Pope, to hear and determine Ecclesiastical Causes, were admitted. Henry the First, after much Contest, yields to the Pope the Patrona­ges and Donations of Bishopricks, and all other Ecclesiastical Benefices; it being decreed at Rome, that no Lay-Person should give any Ecclesiastical Charge. King Stephen grants, that Appeals be made to the Court of Rome. In Henry the Second's Days, the Pope gets the Clergy, and Spiritual Persons, exempted from Secular Powers. The Bishop of Rome is now over all Ec­clesiastical Persons and Causes, even in these Dominions, Su­preme Head. And having upon the matter made Conquest over more than half the Kingdom, in the Times of King John, and Henry the Third, sets on for the whole, and obtains of King John an absolute Surrender of England and Ireland unto his Holi­ness, which were granted back again by him to the King, to hold of the Church of Rome, in Fee-farm and Vassalage. Being now absolute and immediate Lord over all, be endeavours to convert the Profits of both Kingdoms to his own Use; so that Prince and People were hereby reduced to very great Poverty and Servitude.

Such Ruine being brought upon both Kingdoms by this De­vice and Engine, (the Claim and Exercise of Ecclesiastical Ju­risdiction over Persons and Causes by a Foreign Power) the Nation was awakened, both King, Lords, and Commons, yea, the Spiritual Lords themselves, to join with more Vigor against this Foreign Usurpation. To this purpose severe Laws were made, in the Time of Edw. 1st, 2d, 3d. Richard the 2d, and Hen. the 4th. Notwithstanding these Laws, (and some formerly, as the Constitutions of Clarendon by Hen. 2.) partly by Sufferance, and partly by Negligence, the whole Nation being Catholick, and held under a devotional Slavery, there was no thorow or successful Contest against these Oppressions. They remained unto, and were complained of in Henry the Eighth's Days; as of Appeals to Rome in Causes of Matrimony, Divorce, Tithes, &c. [Page 4] to the great Inquietation, Vexation and Trouble, Costs and Charges of the King's Highness, and many of his Subjects. 24 Hen. 8. cap. 12. In a further Complaint, Anno 25, cap. 21. it is de­clared, how that the Subjects of this Realm have been greatly de­cay'd and impoverished by intolerable Exactions of great Sums of Money, claimed, and taken out of this Realm by the Bishop of Rome, as well in Pensions, Censes, Peter-Pence, Procurations, Provisions, Delegacies, Rescripts in Causes of Contention and Appeals, as also for Dispensations, Licenses, Faculties, &c. who assumed a Power to dispense with all humane Laws, Ʋses, and Customs of all Realms. And many the like Complaints were made to King Henry, by his Parliament, at several times, as it appears in the Statutes of that Age: In which Statutes, as in that of the 24th of Hen. 8. c. 12. & 25. c. 21. 26. c. 1, 3. Anno 28. c. 1, 7, 10, 16, and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level, and all Ecclesiastical Power reduced with­in his Majesty's Dominions, and placed in the Arch Bishop, and other Ecclesiastical Persons under him, by firm and severe Laws.

This being done, the King is petitioned by his Lords and Commons, That for further Corroboration of those Acts, and utterly to exclude the long usurped Power, Authority, and Ju­risdiction of the Bishop of Rome, that an OATH, containing the Substance and Effect of those Statutes, be limited and tendred to his Subjects.

This Parcel of Sacred Worship (an Oath) is indulged to Mankind in Civil Affairs. Such is the Falseness, Unrighteous­ness, and Uncertainty of Men, as that human Societies could hardly subsist without it. The Lord, to repair our Credit, hath formed Mens Hearts generally to a great and apparent Religion, and Reverence of this Ordinance. The Heathens themselves termed it Sacramentum, as if the most eminent or only Thing Sacred, and religiously to be observed. It is so effectual a Means to establish a Reformation, as Men will be kept firm by Oaths, (saith one Liv. Hist.) tho there were neither Laws nor Magistrates. We are exposed to more Variety and Changes from Ʋnsteadiness in the Mind, than from any thing that is without us. Fix the Consci­ence, and you fix the Man, whatever Evil he is thereby exposed to. There is nothing generally more effectual to fix the Con­science than an Oath: If I have sworn, and invocated the Name of God in an Engagement, it will be an End of all Strife, and [Page 5] dispute with my self, as well as with others, Heb. 6.16. Our Coun­sels and Resolutions are in common apprehension become immu­table, when confirmed by an Oath, ver. 17. Whosoever (saith Moses Numb. 30.3.) sweareth an Oath, and bindeth his Soul by a Bond. It is the Bond of the Soul, we have given Security for our Faithfulness from Heaven. For removing the Romish Yoke, which lay so heavy upon Prince and People, Means hath been used again and again, almost in each King's Reign, for near Four Hundred Years, but to no great effect. Gospel-Light dawning about us, and the binding of our Souls by an Oath, hath been the fixing of this great Work, and the best Fence against Popery that ever was set up. I have spoken the more fully of the Occasion, and this Means (our Oath), that we may not judg the taking of it to be a ta­king the Name of God in vain; for as long as this Nation is in dan­ger of Popish Tyranny in Ecclesiastical Matters, so long is this Oath of absolute use and advantage, as the best Security between Man and Man for Union against it.

§.3. A Parliament being called in 22 Hen. 8. the King was recognized by the Clergy of that Convocation, Supreme Head of the Church; the Expression or Form hereof debated, agreed upon, and subscribed by each Person there, was this: Cujus (Ecclesiae Anglicanae) singularem Protectorem, unicum & supremum Dominum, & (quantum per Christi leges licet) supremum Caput, ipsius Maje­statem recognoscimus. This Title was afterwards confirmed by divers Acts of Parliament, and two Oaths formed to this pur­pose in one Parliament, viz. 28 Hen. 8. the one more brief, ha­ving with it the Succession of the Crown, in cap. 7. the other more full and large, and to this purpose only, cap. 10. Some Years after, viz. in An. 35 Hen. 8. a Revive of both these Oaths was made by the Parliament, and with some Alterations reduced into one: The Reasons there are given why this was done; and it was resolved, Those Oaths shall not therefore be administred, and this Oath to stand in force and place of the two Oaths. Which Oath began thus:

[Page 6]This Oath remained the same the rest of his Reign, and all Edward the Sixth's time. Queen Elizabeth, in the first Year of her Reign, made these Alterations: 1. That Expression of Su­preme Head, &c. went hardly down by some, as taking too much from the Pope; and as giving too much to any Secular Prince, by others. Tho Henry the 8th, by his Letter written to the Clergy of York-Province, Anno 1533. well defends it; yet Queen Elizabeth by her Parliament 1 Eliz. 2. changed that Expression. The Oath was alte­red (to use Secretary Walsingham's Words In his Letter to Critoy, Sec. of France) into a more grateful Form, the hardness of the Name, and the Appellation of Supreme Head being removed. 2. This Oath by that 35 of Hen 8. might be tendered to any Subject at the King's pleasure, cap. 1. By the Statute 1 Eliz. 8. the urging of it was limited to certain Persons, [...]mployed in Publick Trust. 3. The Penalty for refusing it, at first was no less than High-Treason: By the Statute 1 Eliz. the Punishment for Refusal is only a Disenablement to take any Promotion, or exercise any Publick Charge, yet with this Pro­viso, if afterwards during Life there were a submitting to take this Oath, the Person might be restored to his Office or Charge. But by the Parliament in 5 Eliz. the Punishment (whi [...]h as yet stands) is greater: The first Refusal of the Oath brings the Per­son within a Praemunire; and if tendred a second time, after the space of three Months, and again refused by the same Person, it is High-Treason. This Severity in the Punishment, is recom­pensed with a more gentle and indulgent Interpretation of the Oath, as will appear in the following Section.

As we are not to swear rashly, so our Laws do not give Oaths rashly, but with great care and tenderness, weighing and consi­dering both the Matter, Persons, Penalties, and the Season or Occasion, being not willing their Laws, or Punishments for breaking of them, be a Snare, or at any time more grievous to the Subject than the Necessity of State requires.

§.4. The true Scope and Sence of this Oath may be gathered from the Laws and Statutes since established, and some Light also from other Writers of Note.

Queen Eliz. within a little time after this Oath was reduced to the Form wherein now it stands, in an Admonition annexed to the Injunctions, declareth the Sence and Interpretation of it, as followeth.

In the fifth Year of her Reign, there is by Act of Parliament, a Confirmation of this Sence, by way of Proviso, in these Words:

There may be a Doubt made about this Interpretation, as whether it be not inconsistent with the Words of the Oath, it seems to be rather a material Change of them, than an Inter­pretation. In the Oath it is, All Spiritual or Ecclesiastical Things or Causes; in the Interpretation it is, All manner of Persons, of what Estate, either Ecclesiastical or Temporal, soever they be. The Oath seems to speak of one thing, and the Interpretation of another; the one of Causes, and the other of Persons. Ad leges, per se requiritur potestas in per­sinam, secun­dario [...]res [...] Suarez. [...] lib. 1. cap. 8.

Answ. There is no opposition or Inconsistency between these two, Persons and Causes. The principal Object of a Law is a Person, and a Person with respect to his Actions, a Person mo­rally considered; for a Person physical, that is, in his Being on­ly, and Nature as Man, without moving, or acting any thing [Page 9] good or evil, is not the Object of a Law: nor Actions of any kind or sort whatsoever, as Actions, and in that general Con­sideration, do come under a Law, but as they respect Persons, and are some way or other the Actions of reasonable Creatures: Tho a Law be made to punish the Exod. 21.29. Ox which goreth a Man that he dieth, yet it is with respect to Man, to let him know how much God is provoked by shedding Man's Blood, as Gen. 9.5. 1 Cor. 9.9,10. Doth God care for Oxen? Doth God in his Law respect the Beast for it self? is it not that Man may be instructed and restained? Verse 10. He saith it altogether for our sakes. The mentioning of Ec­clesiastical Causes therefore doth imply Persons, and Persons of the same Denomination, to whom such Actions are peculiar, that is, Ecclesiastical Persons.

2. And that this latter is an Interpretation of the former, will thus appear: The Oath, in giving a Supremacy in all Spi­ritual or Ecclesiastical Causes, might seem to imply Spiritual Things to be the immediate and proper Object of the Magi­strates Power, and spiritual Persons, only for this, because they had to do in spiritual Matters; and to infer thence, that the Christian Magistrate hath Power in spiritual Administrations, as the Word and Sacraments, after the same manner as hath the Ministers of Christ, who have Power in these Things, as the principal and immediate Object of their Function: Which this Form af Expression in the Admonition doth clearly take away, 1. In asserting, that by the Words of the said Oath, Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church. 2. The mentioning Ec­clesiastical Persons, and not Spiritual or Ecclesiastical Causes at all, implieth, that the Persons of Bishops, Presbyters, and such like, are primarily and immediately the Object of this Supreme Power, and the Laws made by it, upon another Consideration than as Bishops, &c. namely, as being born within these her Ma­jesty's Realms and Dominions, and such Persons, of what Estate, either Ecclesiastical or Temporal, soever they be, She hath the Sove­reignty and Rule over them.

Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account: 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables, and hath to do with Matters and Causes, as well as Persons, that are spiritual, (as hereafter we shall shew) [Page 10] but, 2. Principally, that a Calling or Employment in Church-Affairs, (whatsoever hath been formerly judged and practised) doth no more exempt a Person and his Actings, (that is a Sub­ject to the Queen upon any other account) from her Secular Power, than doth a Temporal Calling or Employment in any worldly Affairs.

There is something of Explication further, in the Articles of Religion, concluded in the Year 1562. The 37th Article is this:

It is mentioned in the Admonition, that the Queen's Ecclesi­astical Power is the same that was challenged and used by Henry the Eighth, &c. Which is supposed by some, to be the same that was in the Pope, the Person only, and not the Power chan­ged; so that our Princes are but Secular Popes. This Objection [Page 11] was strengthned by the Subtilty of Gardiner Whom Calvin terms Impostor ille, in Am. 7.13. abroad; and at home, by a Sermon preached at Paul's-Cross, in the Year 1588, by Dr. Bancroft, who calls Queen Elizabeth a petty Pope, and tells us, her Ecclesiastical Authority is the same which the Pope had formerly. This 37th Article removes the Scruple suffici­ently: 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures, &c. And for what Power Henry the Eighth challenged, 26 Henry 8. cap. 1. it was no new Jurisdiction wrested from the Pope, but a Power or Prerogative justly and rightfully belonging to him, claimed and exercised by his Predecessors some hundreds of Years before his Time, being anciently annexed to the Crown. 2. In the latter part of the Article it is also evident: For tho a Power in spiritual Causes be given to a Secular Prince, yet it is not a spiritual Power, and such a Jurisdiction as the Pope claims, but such a Power only, and in such a way as is put forth and exercised in ordinary Civil Affairs; and the same, in respect both to Ecclesiastical and Temporal Persons, namely, a restraining with the Civil Sword the Stubborn and Evil-doers. So to restrain or coerce, is an Authority or Jurisdiction peculiar to Civil Magistrates, and by Christ himself denied to the highest Ecclesiastical Powers. Ye know (saith Christ Mat. 20,25,26.) the Princes of the Gentiles exercise Dominion over them; and they that are great, exer­cise Authority upon them: but it shall not be so among you, you Apostles; and threatens the Use of the Sword in such Persons, Mat. 26.52.

King James speaking of the Oath of Supremacy; ‘'In that Oath (saith he) is contained only the King's absolute Power over all Persons, as well Civil as Ecclesiastical, excluding all Foreign Powers and Potentates to be Judges within his Do­minions.'’ In his Apol. pag. 76. And more fully afterwards, pag. 164. ‘'It implies (saith he) a Power to command Obe­dience to be given to the Word of God, by reforming Religion according to his prescribed Will, by assisting the spiritual Power by his temporal Sword, by Reformation of Corruption, by procuring due Obedience to the Church, by judging and cutting off all frivolous Questions and Schisms, as Constantine did; and finally, by making a Decorum to be observed in all indifferent Things, for that purpose, which is the only Intent of our Oath of Supremacy.'’

[Page 12]My Lord Coke, out of 1 ^o Eliz. and in the Words of the Statute gives this Interpretation: ‘'There is (saith he) no Jurisdiction by this Act affixed to the Crown, but was of Right, or ought to be by the ancient Laws of this Realm, parcel of his Jurisdiction, and which lawfully had been, or might be exercised within the Realm. The End of which Ju­risdiction, and of all the Proceedings thereupon, is, that all Things might be in Causes Ecclesiastical to the pleasure of Almighty God, Increase of Vertue, and the Conservation of the Peace and Unity of the Realm, as by divers places of the Act appears. And therefore by that Act, no pretended Juris­diction exercised within this Realm, being ungodly, or re­pugnant to the ancient Law of the Crown, was, or could be restored to the Crown, according to the ancient Right and Law of the same.' Coke, de Jure Ecclesiastico, fol. 8.’

Bishop Bilson, a great Searcher into the Doctrine of the Su­premacy of Kings, gives this as the Sence of the Oath. ‘'The Oath (saith he) expresseth not Kings Duty to God, but ours to them: As they must be obeyed, when they join with Truth; so must they be endured, when they fall into Error. Which Side soever they take, either Obedience to their Wills, or Submission to their Swords, is their due by God's Law, and that is all which our Oath exacteth.'’ And in a few Lines fol­lowing, he interprets what is meant by Supremacy. ‘'We do not (saith he) give Princes Power to do what they list, in the Matters appertaining to God, and his Service. Indeed we say, the Pope may not depose them, nor pull the Crown off their Heads. In this only Sence we defend them to be Su­preme, that is, not at liberty to do what they list, without regard of Truth or Right, but without Superior on Earth.'’

Dr. Morton against the Pope's Supremacy, out of an Epistle of Leo to the Emperor, speaking thus: You must not be igno­rant, that your Princely Power is given unto you, not only in worldly Regiment, but also spiritual, for the Preservation of the Church. ‘'As if he had said, not only in Cases Temporal, but also in Spiritual, so far as it belongeth to the outward Preservation, not to the personal Administration of them. And this is the Substance of our English Oath: and further, neither do our Kings of England challenge, nor Subjects condescend unto.'’ pag. 26.

[Page 13]Mr. Mason in his Vindiciae Ecclesiae Angliae, Lib. 3. c. 5. speaking of Calvin's being offended, verum si intellexisset nihil aliud sibi voluisse hunc Titulum, &c. ‘' Calvin would never have disallowed this Oath, if he had understood by the Title of supream Governour in Ecclesiastical Things, that nothing else had been claimed, but an exclusion of Popish Tyranny, and a lawful Power in the King over his Subjects; which stands not in coyning new Articles of Faith or Forms of Religion, such as were Jerobo­am's Calves; but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author. In this sence and no other that ever we have heard of, is the Title of Supream Governour given to, and accepted by the King.'’

§.5. This Oath hath matters contained in it, (as you may perceive) that are not of one nature and kind; the Assent and Stipulation required of us, in respect to the several parts of it, is likewise various and different: As our Creed according to the different nature of the Articles, is believed by the different Acts of Faith. To what is contained in the former part of the Oath in these Words; I do utterly testify and declare in my Conscience, that the King's Highness is the only Supream Governour of this Realm, &c. Herein is required a true, re­al and cordial Assent to, and Profession of what is mentioned; as also to give this Testimony with such Sincerity of Heart as in the Presence of God. To swear positively to any dogma­tical Assertion, is not required; it would be taking the Name of God in vain: for if it be a certain and undoubted Truth in it self and to others; as are Principles in Reason and Articles of Faith; an Oath is vain, for it ends no Strife. Heb. 9.2. If doubtful, and a question whether true or not, though such an Oath puts it out of question that I believe so; yet not that it is a Truth. My Belief though ever so much evidenced and confirmed, doth not make a doubtful matter it self more credible; nor is one Man's believing an Assertion any just ground for another Man to believe the same; such an Oath is therefore in vain, it's not a fit medium to end such a Controversy. 2. It is further said, I do utterly renounce and forsake all Forreign Iurisdictions, &c. This requires not only the Sincerity of my Perswasion and Profession against the Title and Claim of all foraign Powers; [Page 14] but upon Oath to forsake, that is to abjure (we abjure when we swear to quit and forsake.) To forsake a Power or Juris­diction, is to refuse, and not to receive, submit, or yield Obedi­ence to any Commands given by it, or make any Appeals or Complaints to it. 3. That which followeth, and wherein the main of this Engagement lieth, is in these Words, I do promise that from henceforth I shall bear Faith, &c. and to my Power shall assist all Iurisdictions, &c. Herein is required a Promissa­ry Oath, swearing Allegiance to the King, (as a Loyal Sub­ject) to submit to his Laws, as also if there be occasion; to my Power to assist and defend him, and all Jurisdictions and Priviledges belonging to him. Though my Perswasion be ever so right, my Resolution ever so sincere, at the taking of this Oath; that's not all is required. In an Assertory Oath, if there be Truth and a right Frame of Heart in time I swear, and give my Testimony, it sufficeth: But a Promissory Oath is not discharged by this, that I sincerely intend what I say and pro­mise, for I engage to Action, and for the time to come; I must not only promise, but (if it be lawful and possible) I must act and do accordingly, Numb. 30.2. If a Man swear an Oath to bind his Soul with a Bond, he shall do according to all that proceed­eth out of his Mouth.

§.1. THere is a difference between Potentia and Potestas Po­tentia, [...], Strength, Force, Robustness. Such a Power is found not only in Men, particular Persons, as Sampson, Goliah, &c. but in other inferior Creatures. Potestas [...], Jurisdiction, Authority, Job 40.18. this is peculiar to rational Creatures, and as they are a Commonalty and in Society one with ano­ther. Though Force and Strength as in singular Persons be sufficient for publick Actions, yet without Authority, we act not lawfully; and having Authority, if we have not Power and Strength sufficient, we cannot act effectually, therefore joyned together in a King. Dan. 2.37.

All Men by Nature are equal; yet, in the first forming of Man, a Capacity is found in him, with some remote Disposi­tion to rule and obey; as, 1. A Sociableness, let us make Man in our Image; Ʋs and Our, a Trinity in One his Creator: Hence in each Man's Constitution, a Propension and natural bent to [Page 18] Union. This God himself observes, It is not good for Man to be alone: the Woman is created, not only for a Companion, but that Men and Women might increase and be multiplied. 2. Mul­titudes of Men if not reduced into Subordination and Order, having lost their original Righteousness, will be a greater Evil than if each were alone by himself. One Man will exalt himself over others, and according to that brutish Force and Strength wherein he excelleth, rob, oppress, murther and pil­lage others. 3. Hence a necessity of Republicks and Common­weals, that some Rules and Laws may be provided not only for Direction, but for Correction if need be. 4. Such Laws im­ply Authority, and a Supremacy also in it; for such Authority or Jurisdiction only is Legislative.

Man consists of Soul and Body. This Principle of Civility or Sociableness (whence Authority hath its Original and Rise) is placed primarily in the Soul. Society and Republicks are for the moral Good of Mens Souls therefore, and not to ac­commodate the Body only. The Powers also that are, being ordained of God, Rom. 13. who is the Father of Spirits, ought to be ma­naged and directed to Matters wherein our Souls and Spirits are concerned. The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man.

The Power of Parents and Masters in the Family, it is civil, not sacred, yet ordained for the bringing up Children and Ser­vants in the Nurture of the Lord. Ephes 6.4.

There being a new Creation in and through the Lord Jesus Christ: These Persons created of God, partake of a Divine Na­ture, and thence the like Propension to Union and a holy Fellow­ship with those whom Christ hath redeemed out of the World. Therefore a special Provision is made by the Lord Jesus for such, to joyn together in particular Societies or Churches, Himself being appointed by his Father to be their King and Law-giver, who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods (as the Scripture terms them); Power also and Authority for putting these Laws in execution is given unto Churches. So that there is a twofold Power or Authority, to be exercised in Causes, and over Per­sons Ecclesiastical or Spiritual, the one placed in the Princes, the other in the Churches of Christ.

• [Page 19]1. The difference betwixt these two Powers.
• 2. The Necessity if the Civil Power in Ecclesiastial Matters, not­withstanding Church-Power.

§.2. What is common to both, and wherein each of these Powers differ from the other, shall briefly be shewed.

1. They are Powers, both a Subordination or Policy in the Church as well as in the Common-weal, and an [...], or Jurisdiction exercised in each. You read of Authority or Juris­diction not only in Civil Assemblies, as Rom. 13. John 19.11. but also in Churches, 2 Cor. 10.8. and 13.10. the word is [...] in both places.

2. They are both from God, and the Ordinance of God, and ought to be submitted to for Conscience sake, and are for En­couragement to those that are Good, and for Wrath upon him that doth Evil; and he that resisteth this Power in either, resists the Ordinance of God, and they that resist receive to themselves Damnation (as the Apostle speaks) as well in respect to the one as the other. And both being from God, they are also both Powers under God, that is, under his Designment and Limits, as also his Direction and Guidance; for his Glory, as the ultimate; and the good of Mankind, as the penultimate end of both.

3. This Power of Princes is termed spiritual, Ratione objecti, because it hath to do with Spiritual Persons and Causes. In such like a sense and manner of Speech (if it had the stamp of vulgar Use) the Church-Power, may be termed Civil or Temporal; because all sorts of Persons and Causes without Difference are under the Power of it. That as the secular Power is Custos utrius (que) Tabulae, matters of Holiness (and what's opposite to it, Blasphemy, Heresy, Perjury, &c.) as well as Righteousness; so Church-Power is Custos utriusque Tabulae, Righteousness and second-Table-Duties, and what is opposite, as Rebellion, Sedi­tion, Lying, Stealing; if any Man that is called a Brother, be a Fornicator, or a Drunkard, or an Extortioner, &c. In all these and such Cases the Church-Power is applied in an Ecclesiastical, or Spiritual way; as in a Civil and Secular way the Magistrate deals with what are Duties of the first Table.

The Powers do mutually further each other, and so ordained by God, (from whom they are both originally) as they sweetly [Page 20] comply and agree (being kept in their just Bounds) each with other; as Moses and Aaron, David and Nathan, Zerubbabel the Son Shealtiel, and Joshua the Son of Josedech. Jungamus Gladios, said the Emperor to his Bishop, let us joyn our Forces and purge the Land of Wickedness. And our Senators in Par­liament, speak thus of these; Both Authorities and Jurisdictions joyn together, and the one helps the other. Stat. 20. Hen 8. c. 12.

§.3. Their Differences are in these Particulars.

1. Though both have (in their respective way) to do with both Tables, yet the Civil Magistrates Work lyeth most over Persons with respect to the Duties of the second Table; as in matters of Justice, and Righteousness; in the managing where­of, the very being of a Common-wealth principally consists; its wel-being, only as he hath to do in Spiritual or Ecclesiastical Causes. So the Church-Power is chiefly and principally exer­cised in the ordering of Persons, with respect to the first-Ta­ble-Duties, and which appertains to Piety: Wherein is the Being and constant Employment of Churches. The other, that is, matters of Righteousness, Justice, Sobriety, and the like, are occasionally only and in ordine ad spiritualia, under Church-Power and Censures.

2. The Power of Churches is not only spiritual Ratione objecti, because its over spiritual Persons and Causes; but ex natura rei, a spiritual Power having Spirituality, and its Denomination from more intrinsick Considerations, as the Matter, Form, Sub­ject, Rule, End, &c. and not from the Object only, as that other Power; which though it be in spiritual things, yet it is not properly spiritual Power, the Sword which it bears is not the Sword of the Spirit, Ephes. 6. which is the Word of God, and this Word is eternal, not temporal, it endureth for ever, the Power and Soveraignty of it is from Christ; R [...]v. 1.16. out of his Mouth went a sharp two-edged Sword: his Sword and Power being spi­ritual, it pierceth, runs deep, Heb. 4. even betwixt the Soul and the Spirit; there comes no such Sword or Law from Civil Au­thority: that Power in its greatest Efficacy, reacheth not the Inner-Man, though to be submitted unto for Conscience sake. Indeed this Power is over spiritual Persons, but not immediately and directly over their spiritual part: By these Powers we are given up to a Prison, to Banishment, to Death, [Page 21] but not to Satan. It is not for cruciating the Souls, and per­plexing the Consciences of Men, as is Church-Power, where there is Cause.

3. That of Secular Magistrates, even in Spiritual Affairs, and having to do primarily with the outward Man, is more Autho­ritative; it is Jurisdictio propriè dicta, Legislative, Coercive, and in all respects the same as in Civil Matters, what he doth in his own Name. And truly [...], Church-Power, is not properly Jurisdiction or Authority, as in the Church, but as in Christ, the Head of the Church; as seated in the Church, or Caetus fidelium, it is only [...], Ministerium, not Domini­um, and acts all in the Name or Authority of Christ.

4. They differ in Extension, in respect to both Persons and Causes. 1. Church-Power is limited to a particular Congre­gation, as Family-Power to those of our own Houshold: But this other Ecclesiastical Power, seated in the same Person or Persons, extends it self throughout a whole Kingdom, yea, sometimes to more than one. But in some one Province or Kingdom, you read in Scripture of many Churches. This co­meth to pass from another Difference between these Powers: The Manage of Ecclesiastical Affairs, as in Civil Magistrates, may be delegated to other hands, by way of Commission or De­putation; they may ordain under them subordinate Thrones, and inferior Powers, acting in their Names, which is Lordly, and full of Honour and State: But Churches may not do so, by delegation of Power, Representatives, or any other Method or Way, to stretch forth the Wing of their Authority (like that of the Civil) over all the Churches of a Nation, or over more Congregations than one, or a greater than ordinarily par­take of all other Ordinances together, is not at all suitable to a Church-Condition, which is Ministerial, not Lordly. So Mr. Bradshaw, as the Opinion of the Nonconformists: ‘'We confine and bound all Ecclesiastical Power within the Limits only of one particular Congregation, holding, that the greatest Ecclesiastical Power ought not to stretch beyond the same: And that it is an arrogating of Princely Supremacy, for any Ecclesiastical Person or Persons whatsoever, to take upon them­selves Ecclesiastical Jurisdiction over many Churches, much more over whole Kingdoms, and Provinces of Churches.'’

[Page 22]Dr. Bilson speaks much to this purpose: ‘'Tho (saith he Of Supremacy, pag. 238.) Bishops may be called Governors in respect of the Soul, yet only Princes be Governors of Realms. Pastors have Flocks, and Bishops have Diocesses; Realms, Dominions, and Coun­tries none have, but Princes and Magistrates. And so the Stile, Governor of this Realm, belongeth only to the Prince, and not to the Priest, and importeth a Publick and Princely Re­giment. The Common-Wealth (saith Mr. Baxter Holy Com­mon-wealth, pag. 220.) contain­eth all the People in a whole Nation, or more, as united in one Sovereign: But particular Churches have no general Ecclesi­astical Officers, in whom a Nation must unite as one Church, but are as several Corporations in one Kingdom, &c.'’ We see (saith Sir Fr. Bacon Considerati­ons about Church-Af­fairs.) in all Laws in the World, Offices of Confidence and Skill cannot be exercised by Delegation, all such Trust is perso­nal and inherent, and may not be transported and delegated, as that of Kings, which for the most part is hereditary, and rather an Office of Interest than Confidence. 2. In respect to Causes, the Church-Power extends its Censures to no Causes, but such as the other may, as to Popery, Heresy, &c. But in many Cases the Civil Magistrate extends his Care and Authority, where Church-Power meddles not: As to Jews and Pagans, and such as are not Members of the Church; some things may be done by the Magistrate even for these, being Members of his Common-Wealth, that may conduce to their spiritual Good. The Church-Power is limited, as 1 Cor. 5.12. So likewise whether the Crime committed be private or publick, Matter of Scandal, or not, or the Person penitent, or otherwise, these Powers are at liberty to punish or pardon alike, and as they shall judg it ex­pedient, to be severe or merciful accordingly. They may form or reform the Laws and Statutes by which they govern; ma­king the same Fault Treason in one Age, that in the next not so much as Imprisonment. 1 Eliz. cap 1. with 35 Hen 8. But Church-Power is limited, the same Crime, the same Punishment ever, not being in the Power of this Republick to vary in their Process, in respect of lesser or greater Censures, if the Crime be the same.

5. In their Constitution or Tenure: Licet omnis Potestas (saith Carbo Carbo de Leg. lib. 2. cap. 8.) tum Ecclesiastica tum Civilis, sit à Deo, tamen non codem modo; nam politica licet universe sit jure Divino, in particulari est jure Gentium, Ecclesiastica omni modo est jure divino, & à Deo. Government in general is of Divine Right, but whether in this [Page 23] or that particular Form, as in one, or a few representing the rest, this is humane, and hath its Original from Man. That Power which is termed an Ordinance of God, in Rom. 13. is called an Ordinance of Man, in 1 Pet. 2. Church-Power and Government being spiritual, hath all particulars for substance, both in respect of Persons and Administrations, for matter and manner appointed by Jesus Christ, and in all Nations to be the same. Civil Power, even in Ecclesiastical Matters, in many things for substance, is left to the Prudence of the State in which it is exercised; and in the Forms of it various, according to the manner of the Nation. As for Instance; Inspection into Religious Assemblies, visiting and observing their Demeanour, receiving Complaints by reason of Wrongs, Disorders, &c. These things may be done by the Civil Magistrate, in his own Person, or by Persons authorized from him; these Persons may be many, or but one in a Division, these Divisions of larger or less Compass. And for the manner of Procedure, it's various, as Ecclesi­astical Courts differ in their manner of Process from Civil, or of a Method or Way of handling Causes different from each, be esta­blished by Law, it is equally warrantable. There are particular Directions left by Christ, according to which the Officers (and Persons more especially entrusted with this Power) are de­signed to, and invested in their Places and Charge, as Election, Ordination, &c. with Fasting and Prayer. The other Powers are setled upon, and claimed in such ways, as the respective Law of Nations design, as by Birth, Lot, Victory, Donation, or the like, as well as Election; insomuch as a Woman or Child may have a rightful Claim to this Supreme Trust, and the Management of it, by themselves or others, as shall be appointed.

§1. FOr the second, we shall shew how necessary and use­ful Civil Power is, even in Ecclesiastical or Spiritual Matters, notwithstanding the other. It is not to be denied, that Souls were converted, and Churches established, and kept up, when there was no Assistance, but rather Opposition, from the Princes of the Earth, as in the Apostolick and Primitive Times. The Benefit we have now by Christian Mgistrates, was then more abundantly supplied, (the Infancy of Christianity requiring more) by the Miracles wrought, and the constant Direction and Care of Apostolick and extraordinary Persons, who were gifted by Christ for that purpose.

All the ordinary Helps that now we have, by external and more sensual or carnal Means, contributing any thing to these great Works, is only a pious and Christian Magistracy, where a Nation is blessed with it. The Benefit hereof is much in a spi­ritual respect, both to the World, as likewise to the Church.

1. It is (tho remote) a great Help to bring Men out of their natural Condition, unto Life and Salvation. We are exhor­ted to pray for Kings, and such as are in Authority, 1 Tim. 2. The reason, v. 4. For God will have all Men to be saved, and to come to the knowledg of the Truth. As the Knowledg of the Truth is a means to bring a Soul into a saving State; so is the Magistrate (being enlightned himself) a great Means to bring us to the knowledg of the Truth. Those Men were in a great Distance from God, in a Rage against Christ and Religion, Psal. 2.1. they did combine against the strict Ways of the Gospel; these poor Heathens being, notwithstanding, given to Christ by Election, v. 8. David useth a twofold Method for reducing them: The first is, [Page 25] a representing their wretched and miserable Condition, while in this State of Enmity, ver. 9. Then, 2. deals with their Prin­ces and Rulers, to be forthwith instructed, and serve the Lord, i.e. as Kings and Magistrates, in their publick Capacity. But must not the People be instructed also? Such Magistrates will speedi­ly provide and take care for their People, that they may be brought to the knowledg of the Truth; and therefore it needs not to be mentioned.

The Magistratical Power conduceth to this Work divers ways, 1. By setting up and protecting a Gospel-Ministry. He only can subserve Providence, by sending, or giving way to others to send forth fit Persons, and enforce a Maintenance for their Encou­ragement in this Wor [...] By such a Wo [...]d of Providence (it is [...] we come to hear, and by hearing we believe, Rom. 10.17. He can urge his People to come to the Means, and outwardly conform to the same, and so bring them to the Knowledg of the Truth, the very Knowledg whereof, tho not saving, is a means at least to restrain our inbred Corruption, and to work preparatively to Conversion, bringing Men into a Condition not far from the Kingdom of Heaven, as Christ speaks. 2 Pet. 2.20.

2. The Civil Magistrate hath Power to punish and reward, and so to work upon the Passions of Fear, Desire, Hope, &c. Man, even in his Natural Estate, hath free Will in Moral Actions, if it be excited and drawn forth. The Passions are so seated betwixt the Will and Senses, that outward and sensual Objects work ef­fectually upon it: the Motions of the Will, in this our State of Corruption, depending more upon the visions of what is sensu­al, than what is a rational Good or Evil. The most comman­ding and stirring Passion, and with most [...]fe and vigour, in a natural Man, is Self, or Self-Love; it is the first Principle usu­ally that God excites in us towards Conversion, as in the Para­ble of the Prodigal, and divers other Scriptures. Sickness, Po­verty, and the like Occurrence of Providences, (Punishments for Sin being sanctified by the Lord, work much upon us; so Mi­series inflicted upon the more obstinate, from Magistrates (in Justice for evil-doing) have the same Operation: and by reason hereof, gross Corruptions are kept in and restrained, whereby the Habits of Sin decrease, and become less rank in the Soul. Hominem etsi timore poenae fugiat pecca­tum, paulatim affectum & animum ad illud amittere, & è contrario concipere odi­um [...]tus, ideo (que) etiam vitare pecca­tum. A [...]iag. de Leg. Disp. 13. §.9. It is a hedging our Way with Thorns, as the Prophet speaks. Hos. 2.6.

[Page 26]A great part of the World lies without the Pale of the Church, and the severity of its Judicature reacheth them not. This Power is exercised only on Church-Members; 1 Cor. 5.12,13.we have nothing to do to judg them that are without, tho they be Fornicators, or Cove­tous, or Idolaters, or Drunkards, or Extortioners; Churches, in respect of Censures and Punishment, leave them to God by the Magistrate, or the like Providential way to judg them, vers. 13.

3. Impedimenta removendo; he removes corrupt Teachers, that slay Mens Souls, by crying Peace, prophesying of Wine, &c. Mich. 2.11. indulging Sinners in their Security; and such as by Errors and false Doctrine poyson Mens Souls, to their eternal perdition; by restaining Stage-Plays, not permitting Brothel-Houses, and the like Fomenters of Sin.

Now there is no means or provision so certain, and generally effectual to send out Preachers, to urge and constrain Men to hear, and for all these purposes, as this, when the Magistrate, according to his Trust and Duty, puts forth his Authority in these Matters; or that will so universally, as an external means, stir that Principle of Self-love in all Men, to the seeking after what is good, and the shunning of what is evil. A Coercive Power of this Nature is placed in no other hand but his. Ministers may preach and persuade, but must be no Strikers, 1 Tim. 3.3. Mat. 20. may not ex­ternally afflict and constrain; Peter may not use his Sword in Christ's Quarrel. God only, and the Civil Magistrate, further our Happiness, by making us miserable.

Paul, who had as much Power as any Man of that Order, yet his Weapons were only spiritual; and tho an Apostle, yet could not do so much as the meanest Civil Magistrate in such a Coercive way: for their Weapons will, whether Men incline or not, have an operation, and constant effect, less or more, to whomsoever applied. This Power therefore of the Civil Magi­strate cannot well be wanted; or if it be, there is no ordinary means to be had for a supply in the room of it. When there was no King in Israel, every Man did what was right in his own Eyes, Judg. 17.6. followed the Ways his Lusts led him to. Suppose there be good Counsel and Instruction, yet to many Persons it signifieth little; for some Men are not corrigible by Words, Prov. 29.19. The Foolishness that is bound up in our Hearts, must by Correction be driven far from us. Prov. 22.15.

[Page 27]4. I shall conclude, adding in the last place, the Praise of Well-doing. Rom. 13. The Countenance and Encouragement of the Ma­gistrate to those that preach, and those that obey the Gospel of our Lord Jesus Christ, renders it even to a carnal Heart desira­ble. The Lord gives this honour to a poor Servant, faithful in his place, that he adorns the Gospel, Tit. 2.10. and renders it more acceptable and effectual. So likewise the Conversation of a Wife, that those who obey not the Word, are without the Word won by such a Conver­sation; 1 Pet. 3.1. that is, won to the Love of the Word, and the liking of those Ways that are according to the Word. Much greater is that Honour and Ornament which comes to the Gospel, when the Magistrate, not only by his Conversation, and personal Example, but by his Laws and Authority, sets himself to en­courage all he can, the Preachers and Professors thereof, bearing them up against Despisers and Scoffers.

To the Church.2. In respect to the Church, and such as are effectually call'd out of the World; God hath promised, and in the Scripture much comforted his People in this, that they shall have great be­nefit by the Civil Magistrates that are over them: as Isa. 32.2. & chap. 49.23. & chap. 60.16. These Promises relate to Gospel-times. And those Places, Numb. 27.16. and 1 Tim. 2. are equi­valent to Promises: a Prayer is as it were a Promise reversed; what is spoken by the Lord in a Promise, being returned, is the strength and confidence of a Prayer. Encouragements also to obey Precepts, imply Promises; so that of Rom. 13. and 1 Pet. 2. our Subjection is required upon this consideration, that Kings are for the praise of them that do well, Rom. 13. ordained of God to thee (to the Church, and to every Saint) for good. The Lord in this doth not only promise, but as it were undertake for the Magistrate, that he shall be such an one, as those that are pious and righteous, those that do well, need not dread or fear to be under him. A good Magistrate is a Blessing, and matter of joy and rejoycing to the People of God, Prov. 29.2. Eccles. 10.17. a great Fruit and Evidence of his Love to them, 1 King. 10.9. and 2 Chron. 2.11. Because the Lord hath loved his People, he hath made thee King over them; it is so spoken of Solomon.

The Benefit and Good to the Churches and Saints from the Civil Magistrate, may more particularly be judged of in these Considerations.

[Page 28]1. Kings and Princes are an Ordinance of God, or Medium by which, in a more special and peculiar way, he communicates his Power, Wisdom and Justice for the governing of all Socie­ties of Men. 1 Kings 3.28. All Israel feared the King, for they saw that the Wisdom of God was in him, to do Judgment. So the Power and Justice, and the like Attributes of God become visible in this Ordinance of God. See Eccles. 8.2. Numb. 27.20. Prov. 16.10. and 21.1. It is brought as an Argument to Magi­strates against Partiality and Bribery; 2 Chron. 19.7. There is no Iniquity with the Lord our God, nor respects of Persone, nor taking of Gifts. What is, or is not in God, should be, or not be found in him that is a Magistrate. They are therefore termed Gods, be­cause a visible Representation of God's Attributes, is, or ought to be in their Governing. And as Christ is said to be present with those Officers in the Church which he hath appointed, be­cause there is a special Virtue and Efficacy of Christ manifest in their Ministry: So in this great Ordinance of a Magistrate, there is said to be a special Presence of God with him, 2 Chron. 19.6. From the like Manifestation of God, in his Wisdom, Power, Goodness, &c. for the Welfare of Societies.

There is such a Harmony and Neighbourhood between the outward and inward Man, that what works upon the one, af­fects the other. When therefore the Ministry by Christ's pre­sence works upon a Man's Soul, the Man is of a better Behaviour outwardly, and to Civil Relations: So also being brought in­to to outward Subjection and Conformity, (by Magistracy) the Mind and spiritual part is much the more fitted for Christian Communion. Moral Vertues, yea, Civilities are much pressed upon Church-Members every where in the Epistl [...], as to be kind, courteous, humble, submiss, self-denying. Rom. 16. P [...] [...]pends a whole Chapter in Greetings and Salutes. Men and Women that are morose, selfish, stiff, opinionative, ill-bred, such for the most part are burthensom in all, and as much in these spiritual Societies as in any other.

2. For Protection, Church-Power neither judgeth or restrain­eth them that are without; it is no Fence nor Security against the World. The only Hedg about this Vineyard, under God, is the Sword of the Civil Magistrate. [...]nts and Churches, being called and separated out of the [...]ld, are hated by the World, and such a Seed of Enmity in them against the Members of [Page 29] Christ; as if there were no higher Power to restrain, being the far greater number, they would utterly root us out.

The Church for Weakness and Helplesness is resembled by a Nurse-Child, or Infant, which needs the Care of those who have more Strength. Isa. 9.16.This religious Care and Tenderness, is, or ought to be in the Magistrate, who is termed a Nurse. The Prophet in this Promise hath an Eye to Gospel-Times, and Churches, called together amongst the Gentiles. In an Age when there would be no Prophets or Apostles, or Signs, or Wonders, or mighty Deeds 2 Cor. 12.12. wrought in the behalf of the Church, as was in the Jewish Oeconomy, and first Age of Christians. It's promised that Kings and Princes (either by a common or saving Change) shall become nursing Fathers, nourishing and protecting Christ's feeble Orphant the Church. 1 Sam. 10.6,9. 1 Kings 4.29. And where the Magistrate is such, we ought to pray that all may be such; we have the Liberty under them (notwithstanding the World's Enmity) to lead a quiet and peaceable Life, and this not only in Honesty, but in all Godliness. 1 Kings 4.2 [...].

3. The Judgments of God, Sword of the Magistrate, and the like external Administrations are helpful to the best of Men, who are liable, while a Body of Sin, to as foul external Acts of Sin, as the worst of Men. The spiritual part in us by these means, helps it self much (in an hour of Temptation especially) against the Flesh, over-ballancing the Pleasures of Sin, from rhat Shame and Grief Sin brings with it; so that Self-love, or a higher Principle is hereby strengthened to avert us. Servile Fear (evil only in defect) is good and useful to the best of us, while in a mixed Condition and not perfect in our Love to God. Joh was eminently godly and righteous, yet in both much furthered from the Consideration of Wrath and Judgment. If I have seen (saith he Job 31.19,21, with 23.) any perish for want of Cloathing; If I have lift up my Hand against the Fatherless, &c. ver. 23. For Destruction from God was a Terror to me. The Magistrates Ecclesiastical Power had the like effect to restrain Impiety in him, as vers. 26, 27, 28. If I behold the Sun, and my Heart hath been secretly enticed, or my Mouth haue kissed my Hand: this were an Iniquity to be punished by the Judg The Apostle Paul though constrained by Love, vers. 14. Such was his Affection to Christ, yet moved also to Duty from the Consideration of Judgment and Terror, 2 Cor. 10.11.

[Page 30]If it be thus with the best of the Saints, much more will Churches stand in need of such an external Help against Cor­ruptions: There being not only a mixture of Flesh and Spirit, in those that are Members indeed; but a mixture with them of Hypocrites, and such as are Members only in shew.

We find in the Churches planted by the Apostles, a use not only of Spiritual Censures, 1 Cor. 5. but also outward and bodily Afflic­tions, Sickness, Weakness, &c. 1 Cor. 11. for Church-Miscarriages; and it's said to be for the Salvation of their Souls, Chap. 5. ver. 5. with Chap. 11. ver. 32. So that Severity of the Lord on Ananias and Saphira, was for a Church-Fault, and it's said Vers. 11. Great Fear came upon all the Church. It was an eminent Church, before whom Paul shakes the Magistrate's Sword, and tells them, if they do that which is evil, they have cause to be afraid, for he beareth not the Sword in vain. Rom 13.

Afflictions that are from a more immediate Hand of God, either in an ordinary or an extraordinary way, those also that the Lord chastiseth us with by the Hand of the Magistrate, I difference not, each being to the same purpose, and as an external Discipline. For where there are no Magistrates, or negligent ones, God in a providential way, and more immedi­ately judgeth and afflicts Evil-doers; even as where Church-Discipline is wanting or neglected, God himself excommunicates as it were, and gives Men up to Terror and Anguish of Soul, for their evil Deeds.

If we should draw in here Instances from the Jewish Church, and how the Lord disciplined them by the Civil Magistrate, and afflicting the outward Man, there can be nothing more evident than this, an undoubted Usefulness of such Dispensati­ons, even to the Churches of Christ.

And although it should not be a good reasoning, to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars; 2 Chron. 3 14. many of them being Prophets as well as Princes; yet the Benefit and Usefulness of such Power may be the same unto us as unto them, both in respect of Terror to Evil-Doers, and Praise to them that do well. Though an Argument from Circumcision applied to Infants, will not weigh with some, because they deny Baptism to be a Sacrament of that Nature: Yet this cannot be denied by them, that if an Infant be capable of Benefit by an Ordinance it understands not; [Page 31] Infants may as lawfully in that respect be baptised while In­fants, as they were then circumcised. The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government, will argue at least that there is a Capacity in Men now to receive Benefit and Good thereby (even in spiritual Matters) as they did then; which is all that is aimed at.

4. As it is the Duty of each Person, so of Churches to walk wisely towards them that are without, that their Order may be looked upon, not only with Rejoycing by Neighbour-Churches, but such as may appear amiable and comely in the Eyes of all Men. Col 2. There are many things common to all Societies, which Nature and civil Customs instruct us in, and are especially to be heeded by Churches. For as the things Moral and Lovely in the Eyes of Men, being neglected by Professors, the Gospel will suffer, so much more if by Churches. The outward Beauty of these Christian Assemblies, consists very much in what is requi­site and comely in all human Societies; as Unity, Love, Peace, brotherly Forbearance, &c. Let all things, saith the Apo­stle, Phil. 2. be done without murmuring or disputing. Paul charged the Church of Corinth with this, that there were Debates, Envyings, Wrath, Strifes, Back-bitings, Whisperings, Swellings, Tumults, and the like amongst them. 1 Cor. 12.20. There may be Wrongs and Op­pressions in Churches, as in other Assemblies. Innocent Per­sons impeached and censured as Schismatiks, Seditious, and Disturbers of the Peace; and no Remedy but from the Civil Magistrate. Paul appeals from the Church to Caesar, a Secular Prince, expecting from him, though a Heathen, more Justice, then from his Brethren, being Parties, and in their own Cause. For where Parties are Judges, the Sentence is passed before the Cause is heard. As a Church may be offended; so they may, and oft-times do give Offence as well as single Persons. 1 Cor. 10 32. It's part of a Christian Magistrate's Care, and as a Magistrate, to punish open Offenderrs, whether single Persons or Assemblies. And the Truth is, if such Assemblies, that is, Churches, be not under the Magistrates Jurisdiction, they are under none, and will be at a loss in respect of all those Advantages before mentioned.

The Ʋsefulness of this Power being declared so fully, it will not be difficult to evince the Necessity of it, that is, to the well-being of Churches. For whatsoever thing is useful in Spirituall [Page 32] Affairs, is in the same degree necessary. I argue thus:

If the Ruling and Coercive Power in a Church extends it self no further than its own Members; if one particular Church cannot suspend, excommunicate, or exercise any the like Juris­diction over another; it will then follow, vvhatsoever benefit or advantage Churches, or their Members, are supposed to have and reap, by being under any external Ruling Power here on Earth; this may, and ought to be expected from the Ma­gistrates Ecclesiastical Power and no other: His being the only Power that is of such an Extension and Compass, as to be over all Persons and Societies within his Dominion,

For the further Explication and Confirming [...]f what is asserted, I shall lay down some Considerati [...], and then answer Objecti­ons. Purposely enlarging upon this Argument, as te [...]ding much to a distinct understanding of Ecclesiastical Jurisdiction, both as it is in Church and Magistrate.

The Considerations are these.

1. Consid.There is no Power or Authority either in Church or Magi­strate that doth directly and immediately compel or enforce the Soul. Pains, Penalties, Restraints, bodily Punishments; or what comes nearer, and is more spiritual, as Admonition, Suspension, Excommunication, or the like. When Persons in any of these ways are judged and censured, by the Church or Magistrate, or both; it hath its Fruit and effect in respect of Morals, only in a more remote and circular way, as by work­ing upon the Judgment and Affections; for there is no created Power can reach the Soul, to put upon it any immediate Force or Restraint, further than by applying such means (discove­red by the Scripture or Light of Reason) as are apt and sutable to set the Soul and Conscience of a Man, to work upon it self.

We term it Coercive, in difference from what is only directive and perswasive; for according as the Lord hath appointed means to this or that end, accordingly he works, and so we ought to judg and speak. Now besides means appointed for Instruction and Perswasion, God also hath added Discipline; a means mo­rally coercive, which hath Pain and Shame, it's a Punishment [...], and for the Destruction of the Flesh, therefore a means morally Compulsive, and more than meerly perswasive, the Rod [Page 33] and Reproof is more than a single Reproof, 1 Cor. 4 21. Prov. 29.15. it is a Correction which is compulsive; a Servant will not be corrected with Words. Prov. 29.19. To make all but directive, is to confound the Keys. The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart, but according to what is de­signed by the Lord, as his ordinary Drift and Scope in such an Appointment. Mr. B. in his first Dispute, p. 6. There is the Word read, Gospel preached, and visible Seals; we are to judg a greater and more effectual Exhi­bition of Christ in the one, than in the other, yet all alike to a carnal and unbelieving Soul.

2. Consid.2. There are two great and Catholick Bodies, or Kingdoms, immediately and invisibly governed by the Lord and his Christ: The World and the Church, made up each of lesser Corpora­tions, as Cities, Families, particular Churches, &c. I say, invi­bly and immediately: for, as God is invisible, so what he acts immediately, he acts invisibly. As the Church is distinguished into visible and invisible, so is the Power by which it is gover­ned. Invisible as in a secret and mysterious way, and immedi­ately from the Lord: And thus are all Kingdoms, Nations, Tongues and Languages united as in one, even the great bulk of Mankind; as also the Catholick Church, that great Body of Saints, they are all thus governed by the Lord, and by the Lord alone, and not by Man. Visible, as where these great Bodies of Men and Christians, come to be cantoned, parcelled, and formed into Political Bodies, governed by Men, in an external and visible way. Whit. Tract 3. c. 6. p. 181.

These visible Bodies are either greater and containing, as Empires, Kingdoms, Provinces, &c. Or those that are less, and contained, as Cities, Colledges, Parishes, Families, and the like, whether they be Civil or Ecclesiastical. These lesser, though they have the Compleatness of a Body or Corporation, each in its kind, and sufficient Power to govern it self; yet not to govern one another. A Church hath not Authority to go­vern a Church, nor a Family, or the chief in it to govern a Neighbour-Family. The Light in the least Star is sufficient for it self, but not to rule the Day or the Night, as the Sun and Moon.

These lesser Bodies are therefore so composed in their seve­ral Regiments; that many of them together, may lie in the Bosom of a greater Corporation; and it will be for their bet­ter [Page 34] and more comfortable subsisting and Government.

There is no external Coercive, or ruling Power that falls in, and fills up the space betwixt those great and Catholick Bodies the World and the Church, and those lesser and lowest Regiments and Societies, but what is, or ought to be expected by or from the Civil Magistrate, who is to be acknowledged of his Sub­jects, whether Ecclesiastical or Civil under God to be over all.

3. Consid.3. These lesser Societies therefore ordinarily are found under a twofold Regiment or Discipline. The one intrinsecal and peculiar, which in Families is received from the Light of Na­ture, and from the Light of Institution in Churches. The other more General and Common: And these lesser Bodies come under it by reason of their Situation, being within the Confines of such a Republick, they are under the Jurisdiction of the Princes thereof. Each Prince, saith Mason, De Episc. lib. 3. c. 5. hath Power in sub­ditos suos ac proinde in Ecclesiam modo subditi sunt Ecclesiae. If situated where there is no formed Common-wealth, King, or Supream Power over them they are as a Free-State, each Fa­mily, City, and Church, immediately under God and Christ, and no other Power but what it hath in it self; which being a Power not derived from the Magistrate, but peculiar to a Fami­ly or Church, remains in them, though no Magistrate. Such was the Family and Church-state in the time of the Patriarchs for two thousand Years.

Consid. 4.As it is a Happiness to a People that live in Empires and Kingdoms, that these are parcels of that World which hath the righteous God to govern it, who is the King of Kings, and Lord of Lords. 2 Kings 19.15. So is it likewise to these lesser Bodies, a Fami­ly, or a Church, that they are situated under the Wing of a Christian, and well-governed Common-wealth. Where their Governours may be under some Government, and in Wrongs and Disorders, they may have the Benefit of a Magistrate's Au­thority to appeal unto.

§1. IT may be objected, that Churches are spiritual Corpo­rations, and of a more peculiar Consideration, in re­spect of their Government; and therefore not to be reckoned with Civil, at least not with Families, or such mean and low Societies.

Answ. Policy or Government in it self, and all the sorts of it, is from the Light of Nature, and common Reason. And this is generally supposed by all; that tho the Subject Matter, or Persons governed, be of different kinds; yet the Law and Forms of Government may be the same where so appointed by Christ. And I rather insist on such a way of Discourse and Rea­soning, as most suitable to the Subject I am upon, but especially because Subordination of Churches to Churches is argued from the Light of Nature, and in this very Case, termed by our Bre­thren a Divine Topick. Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth (from the natural Wisdom and Prudence of Man) in the Government and managing of Kingdoms; there is as much a Jus Divinum, and ground of reasoning from the Light that appears in the pru­dent Constitution and Government of any other civil Society.

I have mentioned in the Considerations, Cities, Families, and those lesser, and contained (as I term them) Societies or Cor­porations with particulars Churches: Because I humbly con­ceive the Policy and Government of each (tho in other things different) to be more proportionable, and of greater Similitude in many things, then between particular Churches, and those grea­ter, and containing Bodies, Kingdoms, Empires, or the like. Churches thus humbly constituted and governed, are most con­sistent with Civil Magistracy, of what Form soever the Com­mon-wealth shall be.

In Confirmation of this Agreement or Similitude, I shall take for the most part the Concessions of the learned of each Perswasion. The In­stances or Particulars are these.

§.2. 1. Families tho contained under the National Govern­ment where they are sinuated, yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self; so are particular Churches.

1. They are intrusted with a Government each for it self.

It is not sufficient (saith Mr. Perkins Perk. on Rev. 2.20.) for a Church to have the preaching of the Word, but Church-Government. This Church (speaking of Thyatira) is blamed because she did not use the Au­thority God had given her. There is given to the Ministers of each particular Congregation, according to Episcopal Ordinati­on established by our Law, not only a Power to preach, &c. [Take Authority to preach the Word of God] but they are made Rectors, Governours in those particular Churches, and it's said to them, [Whose Sins thou dost remit, they are remitted; and whose Sins thou dost retain, they are retained] by which Words the Keys of Discipline are given them; see Bilson Perpet. Govern. p. 213. ‘'By Order of the Church of England (saith Bishop Ʋsher Reduct. of E­pisc. p. 2.) all Presbyters are charged to administer the Doctrine and Sacraments, and the Discipline of Christ as the Lord hath commanded, and as this Realm hath received the same. And that they might the bet­ter understand what the Lord hath commanded therein, the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordi­nation: Take heed to your selves, and to all the Flock among whom the Holy Ghost hath made you Overseers, to [...] so taken in Mat. 2.6. and Rev. 12.5. and 19.15. rule the Congregati­on of God, which he hath purchased with his Blood.'’

‘'Mr. Hooker Ho. Eccl. Pol. lib. 3. Sect. 1. tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the vi­sible Church have mutual Fellowship and Society one with a­nother. In which Consideration the Catholick Church is divi­ded into a number of distinct Societies, every of which is termed a Church within it self, not an Assembly, but a Society,—A Church (as we are now to understand it) is a Society, that is, a number of Men belonging to some Christian-Fellowship, the Place and Limits whereof are certain, having communion in the publick Exercise of such Duties as are mentioned, Acts 2.47. As those of the Mystical Church by their inward Graces differ from all others which are not of the Body, and those that are of the visible Body of the Church, have the Notes of external Profession. Even so these several Societies, or Churches, have [Page 37] Properties belonging to them, as they are publick Christian Societies. And of such Properties, it may not be denied that one of the very chiefest is Ecclesiastical Policy. We use the name of Policy rather than Government, because Church-Policy containeth both Government, and also whatsoever besides be­longeth to the ordering of the publick Affairs of the Church of God.'’ In which words he asserts not each particular Church to have Government in it self; but this Government as a Property, or Propriety, by which it's distinguished from the Mystical, as also the Catholick visible Church. So that he doth not, as some of late, make the Catholick visible Church the first Subject of the Keys; but each particular Society, or Church, supposing that great Body of Christians to be only and imme­diately under the Spiritual Government of Christ Jesus.

2. Compleat and sufficient.

It is not to be understood of such a perfection, as may not with much advantage receive help both from the Power of the Magistrate, as I have shewed before, as also from the Counsel and Advice of other Churches: But I mean an essential Com­pleatness or Sufficiency, not being deficient in any material re­quisite for Government. This that learned Author expresseth in those last Words: ' We use the Word Policy, (saith he) rather than Government, because Church-Policy containeth both Govern­ment, and also whatever besides belongeth to the ordering of the Af­fairs of the Church of God. Every particular Church, (saith Mr. Cart­wright Against Whit­gift, lib 3, pag, 147.) having an Eldership, is a Catholick Church of Christ, under whom Pastors, Doctors, and Elders are the ministerial and immediate Governors. In which Words he intimateth a Compleatness in each particular Church for Government and Privileges, as much as if the Catholick visible Church were Organical, and a gover­ning Church. ‘'The Power of Jurisdiction (saith one Rutherf, Due Right [...] Pres­byt. pag. 307.) is as perfect and compleat in one single Congregation, as in a Pro­vincial, as in a National, yea, as in the Catholick visible Body.'’ All Things are yours, saith Paul to a particular Church, 2 Cor. 3. To this purpose Mr. Parker: Parker's Polit. lib 3. cap. 13. Sicut non pars, &c. As a particular Church is not a maimed or half, but a whole and perfect Body; so it is possessed with the whole and entire Church-Government, and not with a part only.

2d Instance [...]This Oeconomick and Domestick Power is intrinsick and essen­tial to a Family, and is a Power derived immediatly from the [Page 38] Lord, by the Light of Nature, and hath not its original from any Power on Earth, Families being much more ancient than Common-Wealths: So Government or Discipline is intrinsick and inseparable from the very Essence of a Church, received im­mediately from Christ, and not the Grant or Constitution of any Secular Prince or State. Churches are endued (saith Dr. Jackson Jackson of the Church, cap. 8. §5.) with a Judicature immediately derived from Christ, and independent upon any Earthly Power, or any Power whatsoever on Earth, whether Spiritual or Temporal. Bishop Bilson expresseth it thus: Bilson of Su­prem p. 171. The Things comprised in the Church, and by God himself commanded to the Church, (these Things are specified in pag. 227. to be the Word, Sacraments, and Ʋse of the Keys, or Ecclesiastical Power, and Cure of Souls) are subject to no mortal Creature, Pope, nor Prince. And those of another Persuasion, are to the same pur­pose. ‘'The Church (saith Mr. Rutherford Peaceable Plea, p 300.) hath the Keys from Christ, equally independent upon any mortal Man, in Discipline as in Doctrine. A Power and Right to Discipline, saith the same Author, Due Right of Presbyt cap. 9. §.9. is a Property essential to a Church, and is not removed from it, till God remove the Candlestick, and the Church cease to be a visible Church.'’ Potestas ipsa de jure, &c. Power (saith Dr. Ames Cas. con. lib 4. cap. 24. p. 4.) is so much the Right of a Church, as it cannot be separated, because necessary, and immediatly floweth even from the Essence of each true Church. There are Authorities enow to be produced from the Writings of the Learned, for the con­firmation of this particular. All grant there is a Government jure divino, (I speak not of this or that Form) and by the ap­pointment of Jesus Christ. It is denied by none but Erastus, and those that follow him, who may as well deny Praying, Preaching, or Sacraments jure divino It is as expresly ordained, that Discipline be exercised in the Name of Christ, as to preach, pray, or baptize in his Name. There are certainly Things of God, that are not the Things of Caesar: And if those Things up­on which Christ hath put his Name, be not peculiarly his, I know not where we shall find the Joint. As we say, there were Fami­lies, so particular Churches, before any Commonwealths were, and Christian Churches and Discipline exercised, many Years be­fore any Emperors or Kings were Christian: And therefore as Families have many Privileges so peculiar, and by the Law of Nature so much theirs, as are never touched or infringed by the Supreme Power of any Nation: So likewise it is with Churches, [Page 39] they have very many Privileges so evidently theirs, from the Law of Christ, and their spiritual Constitution, as Christian Magi­strates will do their utmost to preserve and cherish, and not in the least infringe. It is a part of Magna Charta: 3 Hen. 3. cap. 1. Concessimus Deo, & hac presenti Charta confirmavimas, pro nobis & Heredibus nostris in perpetuum, quòd Ecclesia Anglicana libera sit, & habeat omnia jura sua integra, & Libertates suas illaesas. And it is menti­oned in the Oath our Kings take at their Coronation, that He shall keep and maintain the lawful Rights and Liberties of the Holy Church.

3d Instance.A third Particular, or Instance of what we have supposed in the former Considerations, is this: The lesser Corporations, Cities, Families, and the like, have not Authority or Jurisdiction one over another. It is the same with Churches, each having the Fountain and Original of their own Power (as before is shewed) immediatly proceeding from Christ in themselves, and not else­where, or one from another; cannot by any Art or Device of Man be made to rise up above it self, as it doth, if one Church exerciseth a Power or Jurisdiction over another. There is no Invention of Man, that by contriving Pipes, or any other Arti­fice, can make Water freely and naturally run higher than the Spring-Head. Tho that Jurisdiction which hath its rise in a particular Church, be pumped up into a Classis or Synod, it is but the same it was before. Synods, saith Parker out of Chamier, Polit lib. 3. cap. 13 §9. nullam habeant Authoritatem, &c. They have no Authority but what is derived from particular Churches. So Voetius. Disp de Polit. Eccles. p 5.

There seems to be a great Emphasis in those Particles of Pro­priety, Children obey your Parents, [...]; Ephes. 6.1. so to Servants: And speaking of the Relation of Husbands and Wives, by which is set forth our Obedience to Christ and his Officers, it is more appropriate, Ephes. 5.24. As the Church is subject to Christ, so let the Wives be to their own Husbands; it is, [...], propriis viris, not only theirs, but their own Husbands. It is said, 1 Tim. 3.4. One that ruleth well his own House, [...]. So of Ministers, Know them that labour among you, [...], and are over you in the Lord, 1 Thess. 5.12. and in Heb. 13.17. it is [...], Duces vestri, your Captains, Officers in Churches, being as exactly limited, as in an Army. There is no Power in a Superior to command, where no Obligation upon the Inferior to obey. And therefore the Lord seems by these Expressions, [Page 40] to limit both Church and Family-Power within their own Walls.

This is the Judgment of the Learned of each Persuasion. Bishop Davenant. Nota est Jurisconsultorum regula, &c. It is a ‘'known Rule of Lawyers, A Sentence given by him that is not his Judg, is void in Law. But particular Churches are not the Judges of private Persons that are of other Churches, how much less then over the Churches themselves; such Sentences were to be slighted and contemned, as of a Judg that presumeth to make Laws out of the bounds of his own Jurisdiction.'’ Nec potest, nec debet (saith the same Author elsewhere De judice cont. cap. 16. p. 90) particularis una Ecclesia judiciaria authoritate aliam sibi non subjectam a Catholi­ca abscindere, quaelibet enim Ecclesia filios suos ad consensionem in Doctrina publicê stabilita censuris adigit. Sed fratres Ecclesiarum externarum monet pro officio charitatis, non punit pro imperio potestatis. Dr. Field, as a common Resolution of Divines, tells us, Of the Church lib 5. That if a Bishop ventures to do any Act of Jurisdiction out of his own Diocess, (that is, his particular Church, so cap. 30.) as to excommunicate or absolve, or the like, all such Acts are utterly void, and of no force. The same thing, saith Dr. Crakanthorp, cont. Spal. cap. 28. pag. 177. ‘'Every Congregation (say our Brethren Jus divinum Regim. p. 230.) hath equal Power one as much as another, according to the trite and known Axiom, Par in parem non habet imperium, An Equal hath no Power over an Equal.'’ Ecclesiae institutae parochiales integrae sunt, inter se collaterales, & potestate Ecclesiastica aequales, saith Voetius. Disp. de Polit. Eccles. p. 3. Which you may English out of the English Puritanism thus: ‘'Particular Churches are in all Matters equal, and are entrusted by Christ with the same Ecclesiastical Power and Au­thority. Cap. 2. §.3.'’ Jewel, Reynolds, Whitaker, and most of our Divines, against the Papists, are large in their Disputes for a parity of Churches, and Mr. Parker hath written a whole Chapter de pari­tate Ecclesiarum. De Polit lib [...] cap. 21. Some make a particular Church to be of larger Extension, as a Diocess, a Province, &c. but that altereth not the State of the Question.