Aarons Rod Blossoming, Book 2 · Chapter 8

Aarons Rod Blossoming · Book 2 · Chapter 8

p. 246CHAP. VIII. Of the Power and Priviledge of the Magistrate in things and causes Ecclesiastical; what it is not, and what it is.

THe new notion that the Christian Magistrate is a Churchofficer, and Magistracy an Ecclesiastical as well as a civil administration, calls to mind that of the Wise-man; Is there any thing whereof it may be said, See this is new? it hath been already of old time which was before us. Plato in his Politicus (a little after the middle of that book) tells me, that the Kings of Egypt were also Priests, and that in many Cities of the Grecians, the supream Magistrate had the administration of the holy things. Notwithstanding even in this particular there still appeareth some new thing under the Sun. For Plato tells me again Epist. 8. that those supreme Magistrates who were Priests, might not be present nor joyne in criminall nor capitall judgements, lest they (being Priests) should be defiled. If you look after some other President for the union of civil and ecclesiastical Government, secular and spirituall administrations▪ in one and the same person or persons, perhaps it were not hard to find such presidents, as our opposites will be ashamed to owne.

I am sure Heathens themselves have known the difference between the office of Priests and the office of Magistrates. Aristotle p. 247de Repub. lib. 4. cap. 15. speaking of Priests saith, foreign. For this is another thing then civil Magistrates. He had said before, foreign For a civil society hath need of many Rulers: but every foreign who is made by election or lot, is not a civil Magistrate: and the first instance he giveth is that of the Priests: and so Aristotle would have the Priest to be foreign a Ruler, but not a civil Magistrate. So de Repub. lib. 7. cap. 8. he distingu sheth between the Priests and the Judges in a Citty.

But to the matter. I will here endeavour to make these two things appear. 1. That no administration formally and properly Ecclesiasticall (and namely the dispencing of Church censures) doth belong unto the Magistrate, nor may (according to the word of God) be assumed and exercised by him, 2. That Christ hath not made the Magistrate head of the Church, to receive appeals (properly so called) from all Ecclesiasticall Assemblies. Touching the first of these, it is no other than is held forth in the Irish Articles of Faith (famous among Orthodox and Learned men in these Kingdoms) which do plainly exclude the Magistrate from the administration of the Word and Sacraments, and from the power of the keys of the Kingdom of Heaven. It is the unhappinesse of this time that this and other truths formerly out of controversie, should be so much stuck at and doubted of by some.

Now that the corrective part of Church-Government, or the censure of scandalous persons in reference to the purging of the Church, and keeping pure of the ordinances, is no part of the Magistrates office, but is a distinct charge belonging of right to Ministers and Elders; as it may fully appear by the Arguments brought afterwards to prove a government in the Church distinct from Magistracy: (which Arguments will necessarily carry the power of Church censures and the administration of the keys of the Kingdom of Heaven into other hands then the Magistrates;) so I shall here strengthen it by these confirmations.

First, Church-censures must needs be dispensed by Ministers and Elders, because they are heterogeneous to Magistracy: For first, the Magistrate by the power which is in his hand, p. 248ought to punish any of his Subjects that doe evil, and he ought to punish like si…s with like punishments. But if the power of Church-censures be in the Magistrates hands, he cannot walk by that rule; For Church-censures are onelyonly for Churchmembers, not for all Subjects: 1 Cor. 5. 10. 12. Secondly, Church-censures are to be executed in the name of Christ, Matth. 18. 20. with vers. 17, 18. 1 Cor. 5. 4. and this cannot be done in his name, by any other but such as have commission from him to bind and loose, forgive and retain sins. But where is any such commission given to the civil Magistrate, Christian more then Heathen? Thirdly, Church-censures are for impenitent contumacious offenders: but the Magistrate doth and must punish offenders (when the course of Justice and law so requireth) whether they appear penitent or impenitent. Fourthly, The Magistrates power of punishing offenders, is bounded by the law of the land. What then shall become of such scandalls as are not crimes punishable by the law of the land? such as obscene rotten talking, adulterous and vile behaviour, or the most scandalous conversing and companying together (though the crime of adultery cannot be proved by witnesses) living in known malice and envie, refusing to be reconciled, and thereupon lying off (it may be for a long time) from the Sacrament, and the like, which are not proper to be taken notice of by the civil Judge. So that in this case, either there must be Church-censures and discipline exercised by Church-officers, or the Magistrate must go beyond his limits: Or lastly. Scandalls shall spread in the Church, and no remedy against them. Far be it from the thoughts of Christian Magistrates, that scandalls of this kind shall be tolerated, to the dishonour of God, the laying of the stumbling blocks of bad examples before others, and to the violation and pollution of the Ordinances of Jesus Christ, who hath commanded to keep his ordinances pure.

A second Argument may be this, In the old Testament God did not command the Magistrates, but the Priests to put a difference betwixt the prophane and the holy, the unclean and the clean: Levit. 10. 10. Ezech. 22. 26. Ezech. 44. 23, 24. Deut. 21. 5. 2 Chron. 23. 18, 19. And in the new Testament, the p. 249keyes of the Kingdom of Heaven are given to the Ministers of the Church: Matth. 16. 19. and 18. 18. Iohn 20. 23. but no where to the civil Magistrate. It belongeth to Church-officers to censure false doctrine. Revel. 2. 2. 14. 15. to decide controversies, Acts 16. 4. and to examine and censure scandalls, Ezech. 44 23, 24. which is a Prophecy concerning the ministery of the New Testament. And Elders judge an Elder, 1 Tim. 5. 19. or any other Church-member. 1 Cor. 5. 12.

Thirdly, The Scripture holdeth forth the civil and Ecclesiastical power as most distinct; insomuch that it condemneth the Spiritualizing of the civil Power, aswell as the Secularizing of the Ecclesiastical power; State Papacy, aswell as Papal-State: Church-officers may not take the civil sword, nor judg civil causes: Luke 12. 13, 14, and 22. 25. Matth. 26. 52. 2 Cor. 10. 4. 2 Tim. 2. 4. So Uzzah might not touch the Ark: nor Saul offer burnt offerings: nor Uzziah burn incense: I wish we may not have cause to revive the proverb which was used in Ambrose his time. That Emperors did more covet the Priesthood, then the Priests did covet the Empire. Shall it be a sin to Church-officers to exercise any act of civil government? and shal it be no sin to the civil Magistrate to ingrosse the whole and sole power of Church-Government? Are not the two powers formally and specifically distinct? Of which before▪ Chap. 4.

It is to be well noted that Maccovius and Vedelius who ascribe a sort of Papal power to the civil Magistrate, to the great scandall of the Reformed Church; do notwithstanding acknowledge that Christ hath appointed Church discipline and censures, and the same to be dispenced by Church-officers onelyonly: And that the Magistrate as he may not preach the Word, and administer the Sacraments; So he may not exercise Churchdiscipline, nor inslict spiritual censures, such as excommunication. Though Erastus pag. 175. hath not spared to say, that the Magistrate may in the New Testament (though he might not in the old) exercise the ministeriall function, if he can have so much leisure from his other employments.

Fourthly, The power of Church discipline is intrinsecall to the Church, that is, both they who censure, and they who p. 250are censured, must be of the Church, 1 Cor. 5. 12. 13. They must be of one and the same Corporation, the one must not be in the body, and the other out of the body. But if this power were in the Magistrate, it were extrinsecall to the Church. For the Magistrate quatenus a Magistrate, is not so much as a Church-member; far lesse can the magistrate as magistrate have jurisdiction over Church-members, as Church members, even as the minister as minister is not a member of the Commonwealth or State, far lesse can he, as minister, exercise jurisdiction over the Subjects, as Subjects.

The Christian magistrate in England is not a member of the Church as a magistrate, but as a Christian. And the minister of Jesus Christ in England, is not subject to the magistrate as he is a minister of Christ, but as he is a member of the Commonwealth of England He was both a learned man and a great Royallist in Scotland, who held that all Kings, Infidel as well as Christian, have equal authority and jurisdiction in the Church, though all be not alike qualified or able to exercise it. Io. Wemius, de Reg. primat. pag. 123. Let our opposites loose this knot among themselves; for they are not of one opinion about it.

Fifthly, Church-officers might and did freely and by themselves dispence Church-censures, under Pagan and unbeleeving magistrates, as is by all confessed: Now the Church ought not to be in a worse condition under the Christian magistrate, then under an Infidel; for the power of the Christian magistrate is cumulative, not privative to the Church; He is a Nursing Father, Isa. 49. 23. not a Step-Father. He is keeper, defender and guardian of both Tables, but neither Judge nor Interpreter of Scripture.

Sixthly, I shall shut up this Argumentation with a convincing dilemma. The Assemblies of Church-officers being to exercise discipline, and censure offences (which is supposed and must be granted in regard of the Ordinances of Parliament) either they have power to do this Iure proprio, and virtute officii: or onelyonly Iure devoluto, and virtute delegationis, such authority being derived from the magistrate; If the former; I have what I would; If the latter, then it followeth, 1. That p. 251where Presbyteries and Synods do exercise spirituall Jurisdiction, not by any power derived from, or dependant upon the civil Magistrate, but in the name and authority of Iesus Christ, and by the power received from him, as in Scotland, France, the Low-Countries, &c. there all Ecclesiastical censures, such as deposition of Ministers, and Excommunication of scandalous and obstinate persons. have been, are, and shall be void, null, and of no effect. Even as when the Prelaticall party did hold, that the power of ordination and jurisdiction pertaineth onelyonly to Prelats, or such as are delegate with commission and authority from them: thereupon they were so put to it by the Arguments of the Anti-Episcopall party, that they were forced to say, that Presbyters ordained by Presbyters in other Reformed Churches, are no Presbyters, and their excommunication was no excommunication. 2. It will follow, that the Magistrate himself may excommunicate, for nemo potest aliis delegare plus juris quam ipse habet; No man can give from him by delegation or deputation to another, that right or power which he himself hath not. 3. If the power of excommunication come by delegation from the Magistrate, either the Magistrate must in conscience give this power to Church-officers onelyonly, or he is free and may without sin give this power to others; If the former, what can bind up the Magistrates conscience, or astrict the thing to Church-Officers, except it be Gods ordinance that they only do it? If the latter, then though this Parliament hath hath taken away the old High Commission Court, which had Potestatem utrius que gladii, yet they may lawfully and without sin erect a new High Commission Court, made up of those who shall be no Church-officers, yea having none of the Clergy in it (as the other had) with commission and power granted to them to execute spiritual Jurisdiction and Excommunication, and that not onelyonly in this or that Church, yea or Province, but in any part of the whole Kingdom. So much of the first point. Now to the second, concerning appeals to the Magistrate, as to the head of the Church.

It is asked, what remedy shall there be against the abuse of Church-discipline by Church-officers, except there be appeals from the Ecclesiastical Courts to the civil Magistrate: which if p. 252it be, Church-officers will be the more wary and cautious to do no man wrong, knowing that they may be made to answer for it: And if it be not, there is a wide dore opened, that ministers may do as they please.

Answ. 1 Look what remedy thene is for abuses in the preaching of the Word, and administration of the Sacraments; the like remedy there is for abuses in Church-discipline; Maladministration of the Word and Sacraments is no lesse sinfull to the ministers, and hurtful to others, then mal-administration of discipline: and in some respects the former is more to the dishonour of God and destruction of men than the latter: Ministers have not an arbitrary power to preach what they will, Now when the word is not truly preached, nor the Sacraments duely administred by any minister or ministers, the Magistrate seeketh the redresse of these things (in a constituted Church) by the convocating of Synods, for examining, discovering, and judging of such errors and abuses as are found in particular Churches. But if the Synod should connive at, or comply with that same error; yet the Magistrate taketh not upon him the supreme and authoritative decision of a controversie of faith, but still endeavoureth to help all this by other Ecclesiastical remedies; as another Synod, and yet another, till the evil be removed. The like we say concerning abuses in Church-discipline: The Magistrate may command a resuming and re-examination of the case in another Synod: but still the Synod ratisieth or reverseth the censure. In which case it is betwixt the Magistrate and the Synod, as betwixt the will and understanding; for Voluntas imperat Intellectui quo ad exercitium, yet notwithstanding determinatur per intectellum quoad specificationem actus.

Take for instance this also. If it be a case deserving deposition or degradation: In such a case saith learned Salmasius appar. ad lib. de primatu pag. 298. the Prince or Magistrate cannot take from a minister that power which was given him in ordination with imposition of hands, for he cannot take away that which he cannot give. But if a Prince would have a minister for his offence… to be deprived of his ministeriall power, he must take care that it be done by the ministers themselves; qui Judices p. 253veri ipsius sunt, & auferre soli possunt quod per ordinationem dederunt. Who are his true Judges, and they onelyonly can take away what by ordination they have given. Thus Salmasius.

2. And further, if Presbyteries or Synods exceed the bounds of Ecclesiasticall power, and go without the Sphaere of their own activity, interposing and judging in a civil cause which concerneth any mans life or estate, The Magistrate may reverse and make null whatsoever they do in that kind, and punish themselves for such abuse of their power; As Solomon punished Abiathar, and banished him to Anathoth, he being guilty of high treason: 1 Kings 2. 26. It was not a case of scandall onelyonly, or of Delinquency or mal-administration in his Sacerdotall office, otherwise it had fallen within the cognizance, and jurisdiction of the Ecclesiastical Sanhedrin.

3. Though the case be meerly spirituall and ecclesiastical the Christian Magistrate (by himself and immediatly) may not onelyonly examine by the judgement of discretion the sentence of the Ecclesiastical Court, but also when he seeth cause (either upon the complaint of the party, or scandall given to himself) interpose by letters, messages, exhortations, and sharp admonitions to the Presbyterie or Synod, who in that case are bound in conscience, with all respect and honour to the Magistrate, to give him a reason of what they have done, and to declare the grounds of their proceedings, till by the blessing of God upon this free and fair dealing, they either give a rationall and satisfactory accompt to the Magistrate, or be themselves convinced of their mal-administration of Discipline.

4 And in extraordinary cases when the Clergy hath made defection, and all Church discipline is degenerated into Tyrannie, as under Popery and Prelacy it was; it belongeth to the Magistrate to take the protection of those who are cast out or censured unjustly; for extraordinary evils must have extraordinary helps. And in this sence we are to understand divers of our Reformers and others, groaning under the pressures of the Roman Clergy, and calling in the help of the civil Magistrate for their relief.

But we deny that (in a well constituted Church) it is agreeable to the will of Christ, for the Magistrate, either p. 254ccSynops. pur. Theol. disp. 48. Thes. 19. E…si vero hanc spiritualem p…testatem a Christiani Magistratus inspectione, tanquam utriusque tabulae custode non eximimus, negamus tamen eam, aut ejus praxin a Magistratus suprema aucto…itate pendere, sicuti quidam …ecentiores contendunt, cum a Christo solo pendeat, & ab ipso immediate Ecclesiae sit concessa ut loci an…ea producti demon strant. Ac proinde nec per appellationem, aut provocationem proprie dictam, po…estas haec ad Magistratus aut Principum tribunal deferr… potest. quum ejus executio penes ipsos non sit.to receive appeals (properly so called) from the sentence of an Ecclesiastical Court, or to receive complaints exhibited against that sentence by the party censured, so as by his authority, upon such complaint, to nullifi… or make void the Ecclesiastical censure. The latter of these two V…delius pleadeth for, not the former. But Apollonius oppugneth the latter, as being upon the matter all one with the former. Now to ascribe such power to the Magistrate, is 1. To change the Pope, but not the Po…edome; the Head, but not the Headship; for is not this the Popes chief supremacy, to judge all men▪ and to be judged of no man, to ratifie or rescind at his pleasure the dec…ees of the Church, Councels …nd all: and shall this power now be transferred upon the Magistrate? Good Lord, where are we, if this shall be the up-shot of our Reformation? O… for it? Shall we condemn the Papists and Anabaptists who give too little to the Magistrate, and then joyn hands with the Arminians, who give as much to the Magistrate as the Pope hath formerly usurp…d? 2. Appeals lie in the same line of subordination, and do not go de g…nere in genus; but the civil and Ecclesiasticall Courts stand not in one line, neither are they of one kind and nature; they are disparata, non subordinata. 3. They who receive appeals, have also power to … the sentence, else the appeal is in vain. But the Magistrate hath no power to execute the Church ce…sure, nor to shut out of the Church, our opposites themselves being Judges. It was not therefore without just cause that Augustine did v…ry …uch …lame the Donatists for their appealing from the Ecclesi…stical Assemblies, to the Emperors and civil C…urts, Epist. 48. and Epist. 162.

There are two examples alledged from Scripture for appeals from Ecclesiastical to Civil Courts: One is the example of Ieremiah; I…r. 26. The other is the example of Paul, Act. 25. But neither of the two prove the point. For 1. Ieremiah was not censured by the Priests with any Spirituall or Ecclesiastical censure (of which alone our controversie is) but the Priests took him and said to him, Thou shalt surely die. Jer. 26. 8. 2. Would God that every Christian Magistrate may protect the servants of God from such unjust sentences and persecuting decrees. When Ecclesiasticall Courts are made up of bloody p. 255persecuters▪ that is an extraordinary evil which must have an extraordinary remedy. 3. Neither yet is there any syllable of Ieremiahs appealing from the Priests to the Princes, but the Text saith, When the Princes of Judah heard these things, then they came up, &c. verse 10. that is, The Princes so soon as they understood that the Priests had taken Ieremiah, and had said to him Thou shalt surely die. verse 8. And being also informed that all the people were gathered together tumultuously and disorderly against the Prophet, verse 9. They thought it their duty to rescue the Prophet from the Priests and people, that he might be examined and judged by the civil Court, he being challenged and accused as one worthy to die.

As for Pauls Appellation to Caesar. First, It is supposed by our opposites that he appealed from the Ecclesiastical Sanhedrin of the Jews, which is a great mistake; For he appealed from the Judgement-seat of Festus to Caesar; that is, from an in…eriour civil Court, to a superiour civil Court, which he had just cause to do: for though Festus had not yet given forth any sentence against Paul, yet he appeals à gravamine, and it was a great grievance indeed, while as Festus shew'd himself to be a most corrupt Judge, who though the Jews could prove none of those things whereof they accused Paul, Act. 25. 7. (which should have made Festus to acquit and dismisse him) yet being willing to do the Jews a pleasure, he would have Paul to go to Ierusalem, there to be judged before himself. verse 9. Now this was all the favour that the Jews had desired of Festus, that he would send Paul to Ierusalem, they laying wait in the way to kill him. vers. 3. No appellation here from the Sanhedrin at Ierusalem, where he had not as yet compeered to be examined, far lesse could he appeal from any sentence of the Sanhedrin. The most which can be with any colour alleadged from the Text, is, that Paul declined to be judged by the Sanhedrin at Ierusalem, they not being his competent and proper Judges in that cause. I stand at Caesars Iudgement-seat saith he, where I ought to be judged; meaning that he was accused as worthy of death, for sedition, and offending against Caesar; whereof he ought to be judged onelyonly at Caesars Tribunall; not by the Jews, who were no Judges of such matters. A declinator of a p. 254duplicate page p. 255duplicate page p. 256Judge is one thing, and Appellation from his Judgement or sentence is another thing. But put the case that Paul had indeed appeal…d from the Sanhedrin at Ierusalem, either it was the civil Sanhedrin, or the Ecclesiasticall. If the civil, it is no President for appeals from Ecclesiastical Courts. If the Ecclesiastical, yet that serveth not for appeals from Ecclesiasticall Courts in Ecclesiasticall causes; for it was a capital crime whereof Paul was accused. Nay, put the case that Paul had at that time appealed from the Ecclesiastical Sanhedrin in an Ecclesiastical cause: yet neither could that help our opposites, for the government of the Christian Church, and the government of the Jewish Church were at that time separate and distinct, so that the Ecclesiastical Court, which should have judged of any scandall given by Paul (if at all he ought to have been censured) had been a Christian Synod, not a Jewish Sanhedrin. And so much of Appeals. Of which Question Triglandius, Revius, and Cabeljavius, have peculiarly and fully written. Three famous Academies also, of Leyden, Groening, and Utrecht, did give their publike testimonies against appeals from Ecclesiastical to civil Courts. And the three Professors of Utrecht in their testimony do obtest all Christians that love truth and peace, to be cautious and wary of the Arminian poyson lurking in the contrary Tenent. See Cabeljav. defensio potestatis Ecclesiasticae. pag. 60.

It is further objected, That thus fixing a spirituall jurisdiction in Church-officers, we erect two collateral Powers in the Kingdom, the Civil and the Ecclesiastical, unlesse all Ecclesiastical Courts be subordinate to Magistracy, as to a certain head-ship.

Answ. There is a subordination of Persons here, but a co-ordination of powers: A subordination of Persons, because as the Ministers of the Church are subject to the civil Magistrate, they being members of the Common-wealth or Kingdom; So the Magistrate is subject to the Ministers of the Church, he being a Church-member.

The former we assert against Papists, who say that the Clergy is not subject to the Magistrate. The latter we hold against those who make the Magistrate to be the head of the Church: p. 257Again, a co-ordination of powers; because as the subjection of the person of the Christian Magistrate to the Pastors and Elders of the Church, in things pertaining to God, doth not inferre the subordination of the power and office of the Magistrate to the Church-officers: So the subjection of Pastors and Elders to the Magistrate in all civil things (as other members of the Common-wealth are subject) may well consist with the co-ordination of the Ecclesiastical power with the civil. And as it is an error in Papists to make the secular power dependant upon, and derived from the Ecclesiasticall power: So it is an error in others to make the Ecclesiastical power derived from, and dependant upon the civil power: for the Ecclesiastical power is derived from Christ, Ephes. 4. 11.

And now while I am expressing my thoughts, I am the more confirmed in the same, by falling upon the concession of one who is of a different Judgement; For he who wrote Ius Regum in opposition to all spiritual authority exercised under any forme of Ecclesiastical Government, doth not withstanding acknowledge pag. 16. Both of them (the Magistrate and the Minister) have their Commission immediatly from God, and each of them are subject to the other, without any subordination of offices from the one to the other, for the Magistrate is no lesse subject to the operation of the Word from the mouth of the Minister, then any other man whatsoever: And the Minister again is as much subject to the authority of the Magistrate as any other Subject whatsoever; And therefore though there be no subordination of Offices, yet is there of Persons; the Person of a Minister remaining a Subject, but not the function of the Ministery. He might have said the same of the exercise of Church-discipline which he saith of the preaching of the Word, for the same Christ who gave the keyes of doctrine, gave also the keys of discipline, without any tye to make the use thereof subject to the pleasure of the civil Magistrate. Let him prove that the ministery of the Word is not subordinate to, nor dependant upon the Magistrate; and I shall prove by the same medium, that the ministery of Church-censures hath as little of that subordination in it.

And this I must adde, that least of all others can our Independent brethren charge the Presbyterians with the setting up p. 258of an Ecclesiastical Government co-ordinate with, and not subordinate unto the civil Government: For themselves hold as much in this point (if not more) then we do. Take for instance Mr. Cotton his k…yes of the Kingdom of Heaven, published by Mr. Goodwyn and Mr. Nye, pag. 49. The first Subject of the ministeriall power of the keyes, though it be independent in respect of derivation of power from the power of the sword to the performance of any spiritual administration: &c. Pag. 53. As the Church is subject to the sword of the Magistrate in things which concerne the civil peace: so the Magistrate (if Christian) is subject to the keyes of the Church. &c.

As for that collaterality which is objected, I answer, The Civil and Ecclesiastical power, if we speak properly, are not collateral. 1. They have no footing upon the same ground: there may be many subject to the Magistrate, who are no Church-Members, and so not under the Spiritual power: and where the same persons are subject to both the powers, there is no more collaterality in this case, nay, not so much, as is betwixt the power of a Father in one man, and the power of a Master in another man, when both powers are exercised upon the same man who is both a son and a servant. 2. Powers that are collateral, are of the same eminency and altitude, of the same kinde and nature; but the civil Power is a Dominion and Lordship: the Ecclesiastical power is Ministerial, not Lordly. 3. Collateral powers do mutually and alike exercise authority over each other respectively. But, though the Magistrate may exercise much authority in things Ecclesiastical, Church-Officers can exercise no authority in things civil. The Magistrates authority is Ecclesiastical objective, though not formaliter: but the Church-Officers authority is not civil so much as objective, not being exercised about either civil, criminal, or capital cases. 4. Collateral powers are subordinate to, and derived from the Supreme and Original power, like two branches growing out of the same stock, two streams flowing from the same fountain, two lines drawn from the same center, two arms under the same head. But the power of the Magistrate is subordinate unto; and dependeth upon the Dominion of God the Creator of all: the power of Church-Officers dependeth upon p. 259the Dominion of Christ, the Mediator and King of the Church.

I shall conclude my answers to the present Objection, with the Testimony of learned ddApparat. ad lib. de Primatu pag. 282, 283. …lebs autem ipsa quam curan… Pastores, quantum a…tines ad animaecuram, Pastoribus suis subdita est. Si corporis ratio aga…ur, summum in illud Imperium habent Principes ac Supremi Magistratus. Delicta igitur hominum dupliciter puniumur, aut in anima sola, aut in corpore. Poenae quae corporis necem aut noxam inferunt, aut bonorum amissionem, a Magistratu civili infliguntur: Quae vero animarum castigationem & emendationem spectant, per Ministrum Ecclesiae imponuntur. Summa earum poenarum excommunicatio est. Et in…ra. Idem peccatum in eodem homine ali…er vindicat Magistratus civilis, aliter punit Minister Ecclesiae.Salmasius, who hath so overthrown the Papal and Prelatical Government from Scripture and antiquity, that he hath withall preserved, yea strengthened the distinction of civil Government and Church-government, and holdeth that Church-censures and civil punishments do very well consist and sweetly agree together.

I have now done with the negative part of this present Controversie, what the power of the Magistrate in Ecclesiasticis is not. I proceed to the positive part, what it is. To this I w…ll speak first more generally, then more particularly.

For the general, I hold with the large Consession of Faith of the Church of Scotland; Art. 25. Moreover to Kings, Princes, Rulers, and Magistrates, we affirm, that chiefly and most principally, the conservation and the purgation of the Religion appertains; so that not onelyonly they are appointed for civil Policy▪ but also for maintenance of the true Religion, and for suppressing of Idolatry and Superstition whatsoever. To the same purpose, Calvin, Instit. lib. 4. cap. 20. sect. 9. Hoc nomine maximè laudantnr sancti Reges, quòd Dei cultum corruptum vel eversum restituerint, vel curam gesserint Religionis, ut sub illis pura & incolumis s…oreret. The like see in Zanchius in 4. praec. pag. 791. and in Polanus Syntag. lib. 10. cap. 65. They hold that the Christian Magistrate his Office, as concerning Religion, is, diligently to take care that in his Dominion, or Kingdom, Religion from the pure Word of God, expounded by …he Word of God it self, and understood according to the Principles of Faith (which others call the Analogy of Faith) be either instituted, p. 260or (being instituted) kept pure; or being corrupted, be restored and reformed: that false Doctrines, Abuses, Idolls, and Superstitions be taken away, to the glory of God, and to his own and his Subjects salvation. Unto these things I do assent as unto safe and undoubted truths.

But for the clearer un…erstanding and enodation of our present Question, I will particularize and explain what I hold, by these five following Distinctions.

1. Distingue materiam subjectam. There are two sorts of things belonging to the Church. Some which are intrinsecal, and belonging to the soul or inward man, directly and primarily. Such things are not to be dispensed and administred by the civil Magistrate, I mean the Word and Sacraments, the Keys of the Kingdom of Heaven, the Suspension or Excommunication of Church-Officers or Members, the Ordination or Deposition of Officers, the Determination and Resolution from Scripture of Controversies concerning the Faith, the Worship of God, the Government of the Church, Cases of Conscience. These being in their nature, end, and use, meerly spiritual, and belonging not to the outward man, but to the inward man or soul, are committed and intrusted to the Pastors and other ruling Officers of the Church, and are not of civil and extrinsecal, but of Ecclesiastical and intrinsecal cognizance and judgement. There are other things belonging to the Church, which are extrinsecal and do properly belong to the outward man, and are common to the Church with other humane Societies or Corporations. Things of this kinde fall within the civil Jurisdiction. For the Churches of Christ, being Societies of men and women, and parts of Commonwealths, are accountable unto and punishable by the civil Magistrate, in their bodies, lives, civil Liberties, and temporal Estates, for trespasses against the Law of God or the Law of the Land: By the Law of God I understand here Ius divinum naturale, that is, the moral Law or Decalogue, as it bindeth all Nations (whether Christians or Infidels) being the Law of the Creator and King of Nations. The Magistrate by his authority, may and in duty ought to keep his Subjects within the bounds of external obedience to that Law, and punish p. 261the external man with external punishments for external trespasses against that Law. From this obligation of the Law, and subjection to the corrective power of the Magistrate, Christian Subjects are no more exempted then Heathen Subjects, but father more straitly obliged. So that if any such trespasse is committed by Church-Officers or Members, the Magistrate hath power and authority to summon, examine, judge, and (after just conviction and proof) to punish these, as well as other men. We do therefore abominate the disloyal Papal Tenent, that Clergy men are not to be examined and judged by civil, but by Ecclesiastical Courts onelyonly, even in causes civil and criminal. Whereof see Duarenus de Sacr. Eccl. Minist. lib. 1. cap. 2. Spelman Concil. Britann. Tom. 1. pag. 413. I further explane my self by that common distinction, that there are two sorts of things that belong to the Church, foreign and foreign, things inward, and things outward. For Church Officers and Church-members do consist (as other men) of a soul, and of a body. All things properly belonging to the soul or internal man, (which here we call things inward) are the object of Ecclesiastical power given to Church-officers, Pastors, and other ruling officers. But what belongs to the outward man, to the bodies of Church-officers and members (which things are outward) the judging and managing thereof, is in the hand of the Magistrate, who ruleth not onelyonly foreign, those that are without, whom the Church judgeth not, but foreign, the things outward of the Church. Salmasius calls the power of the Magistrate in things Ecclesiastical foreign, the inward Episcopacy or overseeing. Which well agreeth with that which Constantine said to the Bishops, foreign. You are made Bishops of the inward things of the Church, I of the things outward. So that he doth not assume their government, but distinguisheth his from theirs. This external inspection and administration of the Magistrate, in reference to Religion, is twofold. 1. Corrective, by externall punishments. 2. Auxiliary, by externall benefits and adminicles. The Magistrate may and ought to be both Custos & vindex utrius que Tabulae, he ought to preserve both the first and second Table of the holy and good Law of God, from p. 263being despised and violated, and punish by corporal or other temporal punishments such (whether Church Officers or Churchmembers) as openly dishonour God by grosse offences, either against the first or against the second Table; and this he doth as Gods Deputy and Vicegerent subordinate and subservient to that universall dominion which God almighty exerciseth over the children of men. But in doing hereof, he is also helpfull and usefull to the Kingdom of Christ as Mediator; Magistracy being (in the respects aforesaid) serviceable and profitable (as to order the Common-wealth aright, so also) to purge the Church of scandals, to promote the course of the Gospel, and the edification of one another. But how? not perfectly, but pro tanto; not every way, but more suo; not intrinsecally, but extrinsecally; not primarily, but secundarily; not directly, but ex consequenti; not sub formalitate scandali, sed sub formalitate criminis, not under the notion of scandall, but of crime; The Magistrate in punishing all crimes committed by any in the Church (which are contrary to the Law of God) in suppressing tumults, disorders, in prot…cting the Church from danger, harme, or mol…station, in putting a hook in the nostrils, and a bridle in the mouthes of unruly, obstinate, and contumacious sinners, who vexe the Church, and create trouble to the people of God; in so doing, he doth by consequence, and removendo prohibens, purge the Church, and advance the Kingdom of Christ, and the course of the Gospel: In the mean while not depriving the Church of her owne int…insecall power and Jurisdiction, but making it rather more … by the aid of the secular power. And so much of the corrective part of the Magistrates administration. The other part of his administration in reference to Religion, is auxiliary, or assistant to the Church. For the Magistrate watcheth over the outward businesse of the Church, not onelyonly by troubling those persons, and punishing those sins that trouble the Israel of God; but by administring such things as are necessary for the well being and comfortable subsistence of the Church, and for that end, doth convocate Synods pro re nata, (beside the ordinary and set meetings) and presideth therein (if he please) in externall order, though not in the Synodicall debates and resolutions: p. 262He addeth his civil sanction to the Synodical results, if he find nothing therein which may hurt Peace or Justice in the Common-wealth. The Magistrate ought also to take care of the maintenance of the Ministery, Schooles, poor, and of good works for necessary uses, that Religion and Learning may not want their necessary adminicles. Finally, He ought to take care that all Churches be provided with an able, orthodox, and Godly Ministery, and Schools with learned and well qualified Teachers, such as shall be best approved by those to whom it belongeth to examine and Judge of their qualifications and parts. And all these wayes the Magistrate ought to be, and the well affected Magistrate hath been and is a nursing Father to the Church of Christ.

2. My second distinction shall be this: The Magistrate may and ought not onelyonly to conserve Justice, peace and order in the Common-wealth, and in the Church, as it is in the Commonwealth, but also to take speciall care of the conservation of the true Reformed Religion, and of the Reformation of it when and wherein it needeth to be reformed, imperativè, not elicitivè. The Magistrate saith Dr. Rivet on the decalogue, pag. 262. is neither to administer Word, nor Sacraments, nor Church discipline, &c. but he is to take care that all these things be done by those whom God hath called thereunto. What ever is properly spiritual belonging to the soul and inward man (such as Church-censures, and the other particulars before mentioned) cannot be actus elicitus of the Magistrate: The Magistrate can neither immediatione suppositi, nor immediatione virtutis, determine controversies of faith, ordain Ministers, suspend from the Sacraments, or excommunicate. He can neither doe these things himself; nor are they done in the name and authority of the Magistrate or by any Ministeriall power receeived from him, but in the name and authority of Jesus Christ, and by the power given from Jesus Christ. Yet all these and generally the administration of the keyes of the Kingdom of heaven, are actus imperati of the Christian Magistrate, and that both antecedenter and consequenter. Antecedently, the Magistrate may command Church-officers to suspend or excommunicate all obstinate and p. 264scandalous persons: he may command the Classis to ordain able and godly ministers, and no other: he may command a Synod to meet, to debate and determine such or such a controversie. Consequently also, when the thing is examined, judged, resolved, or done by the Ecclesiasticall power, the Magistrate hath power and authority to adde his civil sanction confirmation, ot ratification, to make the Ecclesiasticall sentence to be obeyed and submitted unto by all whom it concerneth. In all which the Christian Magistrate doth exceeding much for the conservation and purgation of Religion: not elici…ndo actus, doing or exercising by himself or by his owne authority acts of Church. Government or discipline, but taking care, that such and such things be done by those to whom they do belong.

3. Distinguish the directive part and the coercive part. The directive part, in the conservation or purgation of Religion, doth belong to the Ministers and ruling Officers of the Church assembled together; In administring therefore that which concerneth Religion and peoples spirituall good, the Magistrate not onelyonly juvatur, but dirigitur, is not onelyonly helped, but directed by the Ecclesiastical directive power; Fest. Hon. Disp. 30. Thes. 6. Magistracy may say to Ministery as Moses said to Hobab; Thou mayest be to us in stead of eyes. Ad sacrae Religionis informationem, fid…lis Magistratus verbi divini administris, veluti oculis, uti debet; and for that end he is to make use of consistoriall and Synodicall Assemblies say the Professors of L…yden, Synopspur. …. Disp. 50. Thes. 44. But the coercive part, in compelling the obstinate and unruly, to submit to the Presbyteriall or Synodicall sentence, belongs to the Magistrate. Not as if the Magistrate had nothing to do, but to be an executioner of the pleasure of Church-officers, or as if he were by a blind and implicite faith to constrain all men to stand to their determination. God forbid. The Magistrate must have his full liberty to judge of that which he is to compell men to do, to judge of it, not onelyonly judicio appreh…nsivo, by understanding and apprehending …right what it is, but judicio discretivo, by the judgement of Christian prudence and discretion, p. 265examining by the Word of God, the grounds, reasons, and warrants of the thing, that he may in Faith, and not doubtingly, adde his authority thereto. In which judging, he doth Iudicare, but not Iudicem agere; that is, he is Iudex suarum actionum, he judgeth whether he ought to adde his civil authority to this or that which seemeth good to Church-officers, and doth not concur therewith, except he be satisfied in his Conscience that he may do so; yet this makes him not supreme Judge or Governour in all Ecclesiastical causes, which is the Prerogative of Jesus Christ, revealing his will in his word: nor yet doth it invest the Magistrate with the subordinate ministeriall forensicall directive judgement in Ecclesiastical things or causes, which belongeth to Ecclesiasticall not to civil Courts.

4. Distinguish between a Cumulative and a Privativ… authority. The Mag…strate hath indeed an authoritative influence into matters of Religion and Church-Government; but it is cumulative, that is, the Magistrate takes care that Church-officers as well as other Subjects may do those things which ex officio they are bound to do; and when they do so, he aideth, assisteth, strengtheneth, ratifieth, and in his way, maketh effectuall what they do. But that which belongs to the Magistrate is not privative, in reference to the Ecclesiastical Government. It is understood salvo jure Ecclesiastico: for the Magistrate is a nursing Father, not a step. Father to the Church: and the Magistrate (as well as other men) is under that tye; 2 Cor. 13. 8. We can do nothing against the Truth, but for the Truth. This Proviso therefore is justly made, that whatever power the Magistrate hath in matters of Religion, it is not to hinder the free exercise of Church discipline and censures against scandalous and obstinate sinners. As the Casuists in other cases distinguish Lucrum cessans, and damnum emergens, so must we distinguish between the Magistrate his doing no good to the Church, and his doing evil to the Church: between his not assisting, and his opposing: between his not allowing or authorizing, and his forbidding or restraining. It doth properly and of right belong to the Magistrate to adde a civil sanction and strength of a law for strengthning and aiding the exercise of Church discipline, or not to add it. And p. 266himself is Judge whether to add any such cumulative act of favour or not. But the Magistrate hath no power nor authority to lay bands and restraints upon Church-officers to hinder any of Christs ordinances, or to forbid them to do what Christ hath given them a commission to do. And if any such restraints of prohibitions or lawes should be laid on us, we ought to obey God rather than men.

5. Distingue tempora. Whatever belongs to the Magistrate in matters of Religion, more then falls under the former distinctions, is extraordinary, and doth not belong to ordinary Government. In extraordinary reformations the Magistrate may do much by his owne immediate authority, when Synods have made defection either from the truth of doctrine, or from holinesse and godlinesse: yet in such a case he ought to consult with such orthodox godly Divines as can be had, either in his owne or from other Dominions. Fest. Hon. Disp. 30. Thes. 5.

And so much be spoken of the Magistrate his power and duty in things and causes Ecclesiasticall. As we do not deny to the Magistrate any thing which the Word of God doth allow him, so we dare not approve his going beyond the bounds and limits which God hath set him. And I pray God that this be not found to be the bottome of the controversie, Whether Magistracy shall be an arbitrary Government; if not in civil, yet in Ecclesiastical things? Whether the Magistrate may do, or appoint to be done in the matter of Church-Government, admission to, or exclusion from the Ordinances of Christ, what ever shall seem good in his eyes? And whether in purging of the Church he is obliged to follow the rules of Scripture, and to consult with learned and godly Ministers? although Erastus himself (as is before observed) and Sutlivius (a great follower of him) de Presbyt. cap. 8. are ashamed of, and do disclaim such assertions.