A Key for Catholics, Treatise 1 · Chapter 13
CHAP. XIII.
Detect. 4 UNderſtand what the Papiſts mean when they are ſtill calling to you for a Judge of Controverſies.
If you would diſpute with them, they are preſently asking you, [Who ſhall be the judge?] and perſwading you that it is in vain to diſpute without a living Judge: for every man will be the Judge himſelf; and every mans cauſe will be right in his own eyes, and all the world will be ſtill at odds till we are agreed who ſhall be the Judge.
To help you to ſee the ſenſe of this deceit, and then to confute it; 1. You may eaſily obſerve that this is the plain drift of all, to perſwade you to make them your judges, and yield the cauſe inſtead of diſputing it. For it is no other judge but themſelves that they will admit. Yield firſt that the Pope or his Council is the judge of all controverſies, and then its folly to diſpute againſt them: ſo that if you will yield them the cauſe firſt, they will then diſpute with you after.
2. But what is to be ſaid to the pretence of the Neceſſity of a Judge? I anſwer, 1. Its againſt all reaſon and experience to think that all enquiries or diſputes are vain, unleſs there be a Judge to decide the caſe. A Judge is a Ruling decider; not to ſatisfie mens minds, ſo much as to preſerve Order, and Peace, and Juſtice in the Society. But there are thouſands of caſes to be privately diſcuſſed, that we never need to bring to a Judge. Every Husbandman, and Tradeſman, and Navigator, and other Artificer doth meet with doubts and difficulties in his way which he laboureth to Diſcern, and ſatisfieth himſelf with a Judgement of Diſcretion without a Ruling Judge. We eat, and drink, and clothe our ſelves, and follow our daily labours without a Judge, though we meet with controverſies in almoſt all, what meat or drink is beſt for quality or quantity, and a hundred like doubts. Men do marry, and build, and buy, and ſell, and take Phyſick, and diſpatch their greateſt worldly buſineſs without a Judge. Judges are only for ſuch controverted caſes as cannot well be decided without them, to the attaining of the Ends of Government.
2. Is it not againſt the daily practice of the Papiſts to think or ſay that all diſputes and controverſies muſt have a Judge? Who is the Judge between the Nominals, Reals and Formaliſts, the Dominicans, Franciſcans and Jeſuites, in all thoſe controverſies which have Cartloads of Books written on them? Their Pope or Councils dare not Judge between them. Do they not daily diſpute in their Schools among themſelves without a Judge? and ſtill write books againſt one another without a Judge?
3. Underſtand well the uſe and differences of Judgement. The ſentence is but a means to the execution: and Judges cannot determine the mind and will of man: but preſerve outward Order, if men will not ſee the truth themſelves. Me thinks the Jeſuits that are ſo eager for free will, ſhould eaſily grant that the Pope by his definition cannot determine the Will of man. And they ſee that Hereticks remain Hereticks, when the Pope hath ſaid all that he can: And if he can cure them all by his determinations, he is much too blame that he doth not. And if a mans mind be to be ſettled, an Infallible Teacher is fitter then a Judge. Judgement then being for Execution, when you ask, Who ſhall be the Judge? I anſwer that Judgement is either total, abſolute and final: or it is only to a certain particular end, limited, and ſubordinate, from which there is an Appeal. In the former caſe, there is no Judge but Chriſt, and the Father by him. No abſolute deciſion can be made till the great Judgement come; and then all will be fully and finally decided. And for the limited preſent Judgements of men, they are of ſeveral ſorts, according to their ſeveral Ends. When the queſtion is, Who ſhall be corporally puniſhed as an Heretick? the Magiſtrate is Judge; For coercive puniſhment being his work, the Judgement muſt be his alſo. But when the queſtion is, Who ſhall be excommunicated as an Heretick, as Gods Law hath told us who in ſpecie, and ſo is the Rule of deciſion about individuals: ſo to try individual perſons, and caſes according to this Law, belongs to the Governours of the Church: but not to the Governours of other Churches a thouſand miles off, that never received ſuch an authority, and are not capable of the work: but to the Governours of the Church in which the party hath Communion, and into which he ſhall at any time intrude and ſeek communion. And all men have a Judgement of diſcerning that are concerned in the Execution.
So that if a diſputing Papiſt will ſay that his buſineſs is not to Diſpute with you, but to Excommunicate, or hang, or burn you for an Heretick, then I confeſs, its all the reaſon in the world that you ſhould firſt agree of the Judge. But why the Pope ſhould be the Judge, I know not, unleſs it be in his own charge.