The Lawfulness of the Oath of Supremacy, Chapter 6

The Lawfulness of the Oath of Supremacy · Chapter 6

p. 54CAP. VI.

A ſecond Objection. Of the Juriſdiction over Particular Churches in Synods, Eccleſiaſtical Courts, &c. §. 1. as exerciſed with us. §. 2. and in other places.

Object. 2. THere are Synods, Conſiſtories, Colloquies, and other Eccleſiaſtical Courts, which exerciſe an Authority in ſpiritual matters over Churches: Therefore that of the Magiſtrate before mentioned, is not ſo neceſſary.

Anſw. It is humbly denied, and aſſerted, That theſe greater Aſſemblies, a Synod, Claſſis, Coloquie, and the like, either have no ſuch coactive Juriſdiction, as we mentioned, or are dependent upon the Civil Magiſtrate for it. This we ſhall ſhew, by declaring more fully what Eccleſiaſtical Power is exerciſed by Synods, or ſuch Courts. 1. In this Kingdom. 2. In other Reformed Churches.

The Eccleſiaſtical Courts in this Kingdom are of two ſorts:

1. There are, we know, Spiritual Courts, (ſo termed) ſuch as the Prerogative, the Arches, Court of Faculties, the Archdeacons and Commiſſaries Courts: Theſe claim only from the Civil Powers, as was ſhewed before.Pag. 45, 46. In the Statute of 37 Hen. 8. c. 17. it is declared, That the Archbiſhops, Biſhops, Archdeacons, and other Eccleſiaſtical Perſons, have no manner of Eccleſiaſtical Juriſdiction, but by, from, and under the King's Royal Majeſty. By the Statute alſo p. 55of 1 Edw. 6. c. 2. All Courts Eccleſiaſtical within the Realms of England and Ireland, ought to be kept by no other Power or Authority either Foreign or within the Realm, but by the Authority of His moſt Excellent Majeſty. And it was further Enacted, That all their Proceſs ſhall iſſue out under the King's Seal, and His Name and Style, &c. but ſince repealed. Dr. Coſens, in his learned Defence of them, and their Proceedings, aſſerts thus: They are (ſaith he) warranted by the Statute and Canon Law of this Nation; profeſſing alſo, that there were Reaſon enough againſt thoſe Eccleſiaſtical Proceedings,Apol. Part 1. Cap. 1. if they were not claimed from the Crown, but from ſome other Authority immediately, as the Popiſh Clergy did theirs from, by the means and direction of the Pope.

2. Our Convocation or General Synod, which makes Laws and Canons about matters that are more ſpiritual. This is an ancient Court, and hath formerly been in it ſelf of great Authority in Eccleſiaſtical Regulations; it's not ſo now, but dependent upon the Civil Magiſtrate, for whatſoever Juriſdiction or Coercive Power there exerciſed, which will appear in theſe Particulars.

1. There are no Laws or Canons made by the Biſhops, and others of the Clergy in the Convocation,Nihil habet vim legis priuſquam Regius aſſenſus fuerit adhibitus, iis quae Synodus decernanda cenſuerit. Coſins Polit. Ta. 1. a. that oblige under any Penalty, without the Stipulation and Aſſent of the Civil Magiſtrate, be it either in matters of Faith or Diſcipline. The 39 Articles and Canons about them, concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe, profeſs, or ſubſcribe, until they had an Aſſent or Eſtabliſhment by the Civil Powers. Nor can they proceed againſt any Crime, as Hereſie, Apoſtaſie, or groſs Enormity in Doctrine, but what our Laws declare to be ſuch.

And for matters of Diſcipline and Worſhip, it appears by the Letters Patent, Copies whereof are annexed to the Canous publiſhed in Anno 1603, and 1640. That 1. All power to meet, confer, treat, debate, and agree upon any matter for common good, is from ſuch Licence, Power and Authority as is granted to the Archbiſhops, Biſhops, Chancellors, and other Members of the Convocation from His Majeſty of His ſpecial Grace, and by virtue of His Prerogative Royal and Supreme Authority in Eccleſiaſtical Cauſes. And 2. the Synod having treated of, concluded and agreed upon Canons, Orders, &c. To the end and purpoſe by His Majeſty limited and preſcribed unto them, they are to offer and preſent the ſame to His Majeſty in writing: He, upon mature conſideration taken thereupon, may allow, p. 54approve,The Licence to the Convoc. in Anno 1640. confirm, and ratifie, or otherwiſe diſallow, anihilate, and make void ſuch, and ſo many of the ſaid Canons, Orders, &c. as he ſhall think fit, requiſite, or convenient. And none of thoſe Canons, &c. ſhall be of any force, effect, or validity in Law, but only ſuch, and ſo many of them, and after ſuch time as His Majeſty by His Letters Patents ſhall approve and confirm the ſame.

The Civil Magiſtrate may ſuſpend for what time he ſhall pleaſe, yea, wholly deprive any Biſhop or Biſhops from their Office and Place in this Synod, who are the chiefeſt Members thereof. He may Commiſſionate alſo by Writ**Cook Inſtit. pag. 4. cap. 74., what other Perſons He ſhall pleaſe to ſit in Convocation with them. And if occaſion be, He may likewiſe wholly conſtitute another Syond, and nominate each particular Perſon of what Quality and of what Number of His Natives as He ſhall pleaſe,Field, Of the Church. Lib. 5. cap. 53. Princeps poteſt aſſignare, nominare, & authoritatem dare quandocun que & quamdiu ipſi placuerit hujuſmodi indigenis ſubditis quos idoneos cenſuerit, &c. Dr. Coſin de Pol. Tab. 1. a. and give them like Authority in Eccleſiaſtical matters. So was that Synod of the 32. appointed (by Hen. 8. and afterwards by Edw. 6.) to do the work of a Synod, and preſent a Body of Eccleſiaſtical Canons for Confirmation by the Magiſtrate.

3. Theſe Laws, ſaith**De Ju. Ec. pag. 9. Dr. Ridley's view. pag. 110. 25 Hen. 8. c. 19. 25 Hen. 8. c. 21. Cook, are termed Regiae Leges Eccleſiſiaſticae, and another ſuch Eccleſiaſtical Laws as now are in force, are called the King's Eccleſiaſtical Laws, for that now all Juriſdiction, whether it be Temporal or Eccleſiaſtical, is the Kings. And if there be any thing difficult or doubtful in theſe Laws, the Interpretation is ultimately to be given in the Civil Judicatures. So Cook's Inſtit. pag. 4. cap. 74. To the King alſo is the laſt Appeal to be made, and Delegates appointed by Him, give final Determination in Controverſies, after adjudged by thoſe Laws and Canons in any, yea, the higheſt of thoſe Eccleſiaſtical Courts. Ʋltima Appellatio ſit ad Principem & non extra Regnum, ſaith Dr. Coſen, and tells us it is a Juriſdiction Coronae Regiae de Jure debita.

4. The King's Majeſty may diſpenſe with any of thoſe Canons or Eccleſiaſtical Laws, indulge the Omiſſion of what is enjoined by them, make void the Crime, and remove the Penalty incurred by breach of them, yea, and give Faculty to do or practiſe otherwiſe, any Synodical Eſtabliſhment or long uſage to the contrary notwithſtanding, in what offends not the Holy Scripture and Laws of God.

5. The King may exempt Perſons and Societies from the Juriſdiction of the Ordinary or Biſhop, or any elſe who are to execute theſe Canons.De Jure Eccleſ. This my Lord Coke aſſerts, and as a Prerogative p. 57annexed to the Crown. He gives many Inſtances of ſuch Diſpenſations in ſeveral Kings Reigns, both ancient, and of later times. For doubtleſs what Power He grants, and is exerciſed under Him, may be re-aſſumed by Him. And Priviledge, even whole Pariſhes if he pleaſe, from Epiſcopal or Synodical Juriſdiction, and ſuch Pariſhes are ſaid to be Regiae Majeſtati immediate ſubditae: Mocket, de Eccleſiaſtica Ang. Pol. pag. 294. And many Pariſhes to this day, ſtand thus exempted, by the favour and grant of Princes formerly. The Dutch and French Churches in ſeveral Parts of this Kingdom, by Patent from Edw. 6. were exempted from the then Eſtabliſhment, and exerciſed a Diſcipline, and Forms of Worſhip, according to their own Perſwaſion, our Synod and Eccleſiaſtical Courts having, by vertue of this Exemption, nothing to do with their Miniſters or Churches; which Priviledge hath been confirmed to them by our Kings that Reigned ſince, and are enjoined to this day, His Majeſty that now is, by His Prerogative in Eccleſiaſtical Matters, notwithſtanding the preſent Form of Worſhip and Ceremonies, Graciouſly indulged Tender Conſciences a Forbearance in what they were not ſatisfied, and to practiſe otherwiſe, Declaration of October, 1660.

6. There is no matter or thing appertaining to Religion, or firſt Table-Duties, or ſo intimate and properly ſpiritual, which a Synod or Convocation hath Cogniſance of, and may make Laws and Canons about: But the like things have been eſtabliſhed by the Civil Powers (more than ſometimes for Advice) without it, as will abundantly appear in the many Statutes and Laws of former and later Times, as againſt Swearing, Perjury, Sabbath-breaking, &c. That one inſtance, the Liturgy, and ordering Biſhops, Prieſts and Deacons, the many Rubricks in each of thoſe Books, are ſo many Canons and Eccleſiaſtical Conſtitutions, inſomuch as ſome have termed the Parliaments of England Synods, or Repreſentatives of the Church of England; obſerving alſo, that in the King's Writ, by which a Parliament is called, there is expreſly committed unto them the Conſiderations of what concerneth the Church as the Kingdom of England.

There hath been alſo Injunctions, Declarations, Advertiſements, Proclamations, and the like Edicts publiſhed in Eccleſiaſtical Matters, p. 58from time to time by our Princes, without calling or adviſing with a Synod: And Obedience hath been required unto thoſe Precepts, by the Ordinary in each Dioceſs, as well as to the Canons and Eccleſiaſtical Laws made by Synods.

The Dependency therefore of Synods and Convocations upon the Civil Magiſtrate, according to the Conſtitution and Practice here in England, is very great and apparent: For,

I. They can make no Canon, or Eccleſiaſtical Law, without the Civil Magiſtrate, but he can and may without them.

II.His Majeſties Licence to the Convocation, May 12. 1640. None of their Laws, though ever ſo Ancient, but may be revoked by a Parliament; but the Rubricks, or Eccleſiaſtical Laws eſtabliſhed by it, may not be medled with by the Convocation.

I ſhall conclude with B. Bilſon, who ſeems to ſtate the Nature and Occaſion of Synods, as they are in this Kingdom, very fully, and indeed much as they ought to be whereſoever they are called; his words are theſe:

With us no Synods may aſſemble without the Prince's Warrant,D. Bilſ. Per. Gov. cap. 16. p. 383. as well to meet as to conſult of any matter touching the ſtate of this Realm: And why? They be no Court ſeparate from the Prince, nor ſuperior to the Prince, but ſubjected in all things to the Prince, and appointed by the Laws of God and man, in Truth and Godlineſs, to aſſiſt and direct the Prince when and where they ſhall be called to aſſemble; otherwiſe they have no power of themſelves to make Decrees, when there is a Chriſtian Magiſtrate, neither may they challenge the judicial hearing or ending of Eccleſiaſtical Controverſies without or againſt the Prince's liking.

It appears evidently hereby, that in the Judgment of the Learned Author, Synods, in their Nature and Uſe, are not for Rule and Government, where there is a Chriſtian Magiſtrate; or otherwiſe than as Aſſiſtants only to counſel and adviſe Him.

p. 59THe Synods in other Reformed Churches claim a coercive Jurisdiction,Diſcip. of Scot. lib. 2. c. 11. alſo Act. of G. Aſſemb. before the Confeſ. of Faith. Jus divinum regiminis, cap. 3. from an intrinſick right received immediatly from Jeſus Chriſt, as Miniſters of the Goſpel. There being no expreſs Scriptures to uphold this Aſſertion, and the light of Nature and common reaſon being ſuppoſed ſufficient to create a jus divinum. The Authors of this perſwaſion argue thus.

In all Kingdoms and Republicks, if wrong be done by inferior Courts, we may have right by appealing to a Court ſuperior in Authority; there ought therefore to be ſuch an order in Churches, that is, a Claſſis, Synod, &c. That there may be regular Appeals in like Caſes. And further they argue,Jus D. regim. cap. 1. if it be not ſo, when whole Churches or their Conſiſtories tranſgreſs, there is no ordinary Remedy.Aſſembly Diſpute p. 114. The Proviſion Chriſt hath made for Government in his Church will be found defective: For though there be a Remedy for particular perſons;Rutherſ. peaceable Plea, cap. 15. Aſſertion of the Gover. of Scot. by G. Gilleſpie part 2. cap. 4 yet for a Church offending, there is none, if there be not a ſuperior Church or Eccleſiaſtical Power to appeal unto.

Leaving wholly what they pretend from Scriptures: I ſhall examine this only their Reaſoning from common light, it being more ſuitable to our preſent ſubject; and in the general ſay.

Anſw. 1 1. In the Myſteries of the Goſpel (from which by their own conceſſions, Church-communion and Diſcipline is not to be excluded any more than Preaching or the Sacraments) It is very unſafe to make the dim Eye of Reaſon our Guide. Of what advantage ſuch ſuppoſitions have been, in producing Arminianiſm, Socinianiſm, Platoniſm, &c. but eſpecially of the many groſs Errors and loathſom Superſtitions in Popiſh Worſhip: we cannot be ignorant.

Anſw. 2 2. An Appeal (as underſtood in this diſpute, and ordinarily by Civilians) is a provocation to a ſuperior Tribunal, upon the error or wrong done by an Inferior. Such an Appeal is not eſſential to Government, unleſs we can ſuppoſe a progreſſus in infinitum: Nor is there a defect in that Government where it cannot be had. Some Societies are 1. So low and little in compaſs, as they need not ſuch Appeals. A Family is a compleat Society or Corporation, though there be not a Superior in the ſame kind, that is, an Economical power to appeal unto; ſo may a Church be, though not a Superior in a ſeries, properly Spiritual or Eccleſiaſtical. 2. Others ſo High. If there be an Error or Wrong done in or by a general Aſſembly or National Synod, (ſuppoſed in the exerciſe p. 60of power of greateſt perfection) we have no remedy,Argued by the Commiſſioners of Scotland, Anno 41. p. 1, 2, 9. Alſo their Declaration againſt a Croſs Petition. P. 10. no Superior to appeal unto; therefore they term their Church or General Aſſembly an Independent. If it be ſaid, as it is by ſome, we may appeal from it to an Oecumenical Councel. Anſw. Theſe great Councels have erred, and may, and what then is the Remedy, or further Proviſion? To what Eccleſiaſtical Tribunal Superior can we appeal from them?

Anſw. 3 To anſwer more particularly: This Reaſoning being grounded upon a Similitude betwixt the Miniſterial Government of Chriſt, and the Political Government of Kingdoms, we ſay there is not Par ratio, and therefore no juſt conſequence. The Diſparity will appear in divers Particulars.

Diſparity. I In their Natures, as Civil and Religious Aſſemblies. In this the Difference is ſo great as Councels, Schoolmen, and Caſuiſts, who all grant Appeals in Civil Affairs: yet in Eccleſiaſtical Matters the ordinary uſe of them is ſo conſtantly and generally denied,Videtur axioma communiter acceptum inter probos Religioſos Appellationis vocem audiendam non eſſe, Suar. de virt. Tom. 4. pag. 99. as it is an Axiom, ſaith One, That in Religious Cauſes, the Voice of Appealing is not to be heard or mentioned. And in the ſame Chapter he gives us the Reaſons of it in theſe words: Si in ordinariis correctionibus quae juxta diſciplinam religioſam fiunt, locum haberet Appellatio à Priore ad Provincialem, & à Provinciali ad Generalem; magna ſequeretur perturbatio, & diſciplina religioſa ſine dubio corrueret, &c. In ordinary Cenſures, and ſuch as are according to a Religious Diſcipline, if Appeals ſhould be made from the Prior to the Provincial, and from the Provincial to the General, it would breed a great Diſturbance, and be doubtleſs the Ruine of Religious Diſcipline: For, 1. Inferiour Governours would quickly be deſpiſed, and have little Reverence or Fear. 2. By ſuch a dilatory way, opportunity will be given by Friends, or under-hand working, to prevent any Religious Diſcipline. It is therefore expedient for the good of Religion, that there be a more ſimple way of procedure in theſe ſpiritual Corrections, and that it be without any kind of Appellation: Thus far Suarez. And others of them alſo tell us, That in a voluntary and brotherly Society, Soto de Juſt. lib. 54.6. art.it's more comely and honourable to end Offences and Differences in a private and peaceable way, amongſt themſelves, and within the Society, than by clamorous Appeals, to make Matters more publick. It ſhould not be of little weight alſo with us, the Tenderneſs of Chriſt, if it be confidered, and how he would not have Breaches and Offences amongſt Brethren p. 61to be made more publick, or carried further than is neceſſary. And by any thing we find in the Text, there is no Neceſſity we ſhould carry Matters for Cenſure, out of the Church where the Offence is; if there were, doubtleſs Chriſt would have given us direction as well for the managing of Appeals FROM a Church, as IN a Church, Mat. 18.15, 16, 17. where each ſtep and circumſtance, in the progreſs from a leſſer to a greater Authority, is deſcribed.

Diſparity. II From the different condition of Puniſhments in reſpect to Relief, if unjuſtly inflicted. Church-Cenſures have little operation on us, further than our own Conſcience and the Spirit of Chriſt make them effectual, by working them in upon us: But if inflicted where no juſt Cauſe, and Clave errante, the Spirit of Chriſt will not convince us of Sin, or let in Satan's Terrors, nor any ſuch impreſſions of Grief or Shame as much to afflict us being innocent. How little hath the Pope's Bulls, or ſuch Thundrings from Rome, been valued or eſteemed; or Excommunications ſent out of our Spiritual Courts, when we know it is but for a Four-penny Offence? In Civil Affairs it is much otherwiſe: For, be the Sentence juſt or unjuſt, the Execution of it is equally grievous, and a puniſhment, be it in reſpect of Life, Liberty, or Eſtate; and there is no way either to avoid or mitigate ſuch wrongs, but by Appeals: The neceſſity of ſuch Appeals therefore is very great, but in reſpect to Eccleſiaſtical Cenſures, little or nothing at all.

Diſparity. III The ordinary end and uſe of Appeals, is either, 1. For Relief of Perſons ſuffering: Or, 2. That corrupt Judges be cenſured, and unjuſt Sentences reſcinded. Perſons come to be relieved, when by Appeals to Higher Powers there is a better underſtanding, either 1. in the Rule and Law; or, 2. a more righteous judgment in matters of Fact. There are none of theſe Ends or Uſes of an Appeal ſo accompliſhable in an Eccleſiaſtical Proceſs, as in a Civil.

1. If the Rule be obſcure, a right underſtanding of it may infallibly be had by appealing in Civil Affairs; the Supreme Court is here on Earth, that made the Rule or Law; what's determined by a Parliament, or ſuch Perſons as are intruſted by it to this purpoſe, is to us unqueſtionable.

But it's otherwiſe in Church Affairs, our Law-giver is in Heaven, and cannot in ſuch a forenſical way be appealed unto, nor hath he left any Vicar or Viſible Judge under him, of greater Authority, p. 62in reſpect of Infallibility, than a particular Church, which is the ground and pillar of truth. 1 Tim. 3.15.1 Tim 3:15The Papiſts, ſome of them in great and weighty matters (not otherwiſe) that are ſpiritual, yield Appeals; but it's upon this Suppoſition, that the Cauſe, at laſt, will be brought to a Tribunal that is Infallible, Licitumeſt (ſaith P. de Aragon) in re grave cuique cauſam ſuam defferre ad ſedem Apoſtolicam; Aragon, in 2.2. q. 69. a. 3. D. Th.quando vel ex imperitia, vel ex Paſſione inferiorum judicum qui homines ſunt ac decipi poſſunt, injuriam patitur: The Pope cannot be deceived, he is more than a Man.

2. Matters of Fact, by reaſon of Appeals, come to be ſentenced at a great diſtance from the place where the Crime and Offence lieth, which in Worldly Concernments may with more Righteouſneſs be done, than in what is Spiritual, and of Church Cognizance.

1. Tranſgreſſions come under a Civil Judgment, as materially conſidered, and according to the groſs Act, but brought to the Church, not as Sins ſimple, but as Scandals and Offences, which is a Conſideration not ſo obvious, but requires good judgment in the Witneſſes, as well as in the Judges. The Obſtinacy alſo, or Penitency of the Perſon offending, accordingly as Teſtimony ſhall be given of either, is a more difficult matter to make out, than either the Sin it ſelf, or the Scandal. Repentance, Godly Sorrow, or the contrary, is the principal thing to be regarded in Church-proceſs. Repentance, I ſay, in truth and ſincerity, ſo far as we can judge in (a ſeeing and not blind) charity. It is not only the Paſſion, Sorrow, or Shame, but Godly Sorrow, which is more ſpiritual, and deeper in the heart, and requireth much and particular knowledge of the Perſon, and his temper, and ſuch as cannot be attained at a diſtance, but by frequent and familiar Converſe. To ſit in the Stool of Repentance, ſtand in a White Sheet, or do Penance, (as it's termed) theſe are (as the fruits of the fleſh) manifeſt, and judged of at the greateſt diſtance, it's not ſo deep,Prov. 20.5.Prov 20:5 as we need much underſtanding to draw it out.

2. The Cenſure, whether binding or looſing, is to be executed always by the particular Church where the Offender is a Member; thoſe perſons, above all others, are to have a particular knowledge of his Crime and true Repentance; they are to forgive, and confirm their love, 2 Cor. 2.7. Mat. 18.15, 172 Cor 2:7Matt 18:15Matt 18:17or otherwiſe, to withdraw from him. If THY Brother offend thee, let him be unto THEE an Heathen, &c. The Execution of the Cenſure being by each Brother of that Church, p. 63it is neceſſary the Examination of the matter be before them. Spiritual Duties are not to be performed upon an implicit Faith. What knowledge, but by remote hereſay, can a Church in the Orchades have of a mans repentance or obſtinacy, the ultimate tryal and cognizance whereof, is taken by a Synod at Edenhurgh. Civil cenſures are for Satisfaction of the whole Nation, and not the Pariſh or Borough only where the crime was committed: but in a Church-cenſure, the particular Aſſembly being only, and no other Congregation, or perſon morally leavened, and charged with the offence, are principally, and in the firſt place concerned, to have ſatisfaction of the repentance and ſubmiſſion of the perſon offending: For by this means only their Lump or Church, becomes again unleavened.

Diſparity. 4 4. The other End (before mentioned) and Ʋſe of Appeals is, that our Judges and their Sentence be cenſured and judged by ſuperior Tribunals. To which proceeding,Ʋnaequa que res per quaſcun que res naſcitur per eaſdem diſſolvitur. the Judges in Civil Judicatures are liable; but there is not the like Subordination in Churches for theſe Reaſons.

1. All the Power and Authority placed in their Inferior Courts, is no other but the influx of the ſupream Civil Powers, to whom we always make our laſt Appeal, and therefore proper to them, to ſuſpend Actings, nay utterly to deſtroy in part or in whole, what Jurisdiction is derived from them, as appears in the Conſtitution of all Kingdoms: But it is not ſo here a particular Church. The Court we are to Appeal from, hath not its Being or Jurisdiction, from a Claſſis or Synod;**Eccleſia Parochialis eſt Eccleſia vera eſſentialiter & integraliter abſ que ulla correſpondentia vel Synodo Voet. de Syn. pag. 13. Parker de Polit. Eccleſ. lib. 3. cap. 13. It is an authoritative unchurching of an obſtinate Church we plead for. Ruth. peaceable Plea, cap. 15. p. 223, and p. 222. Excommunication is an authoritative unchurching. theſe rather derive their Power from it, being Repreſentatives only, as our Brethren have formerly written. Particular Churches, they term Eccleſiae primae, and Synods Eccleſiae ortae. Again, if Synods (as they grant) exerciſe over Churches a Power only cumulative, not deſtructive: How can they Excommunicate a Church, ſeeing Excommunication renders a Society as Heathens and Publicans, which is to unchurch them, as Mr. Rutherford rightly affirms.

2. Although whole Churches may be puniſhed for male Adminiſtration by the Civil Magiſtrate, yet may not an Eccleſiaſtical Power meerly ſuch, do the like, for to deſtroy or ſave whole Societies, for the Evil of a major part, or a few perſons, is the prerogative of the Lord himſelf, which he communicates alſo in ſome caſes to Civil Magiſtrates, his Deputies, but in no caſe to Churches; it being an Authority high and Princely, and not at p. 64all ſutable to ſuch as have only a Miniſtry, and not a Dominion. Biſhop Davenant tells us, That a Cenſure is not to be drawn on the whole Body of the Church; Brotherly Communion, c. 9. p. 102.for as the Laws forbid to Excommunicate a Society or Corporation, becauſe it may happen, that thoſe that are innocent may be intangled in the cenſure: So Right and Religion forbids to exclude whole Churches from the Communion of the Faithful, becauſe this cannot be done without an injury and contempt to many that be innocent. What ever formerly of this ſame unchurching power in Synods hath been aſſerted, yet ſince upon further debate we are told; this ſame Excommunieating of whole Churches is a thing not known in the Presbyterian Government, and not the Churches, but particular perſons in the Churches are cenſured. Aſſemb. diſputes pag. 180.But how can we ſay ſingle perſons only are to be cenſured, and not the whole Church? Whenas we know the contending parties of what condition ſoever, are both equally liable to the Cenſure of the Judge. Now when matters are brought by Appeal to a ſuperior Court, the Court Appealed from, is a Party; and in this reſpect upon no higher terms than the pars appellans, though a ſingle perſon.

But grant it be ſo, and that the object of a Cenſure from a Synod be only particular members.Excommunicatio ejus que denunciatio poſt appellationem legitimam latam, eſt nulla. Nardus p. 53. col. 2. Then, 1. Churches cannot have ſuch a remedy as in Civil States; for Appeals of this Nature are not to be made to any, but perſons inveſted with ſuch a power, as may ſuſpend, or make void in part, or in whole, the power of that Court by whom the wrong hath been done and Appealed from, as hath been ſhewed.

2. If there be no Power in a Synod, of ſuch a proportion ſuperior to a Church, as to cenſure it by Excommunication or Suſpenſion at leaſt: Then will the Members of this Church, by admitting ſuch Appeals, be neceſſarily under a twofold Jurisdiction not ſubordinate, which tends to the greateſt confuſion imaginable: For if the Synod and the Church in their Light and Apprehenſions vary about the condition of an Offender, one of them may in Conſcience be bound to juſtify whom the other condemns.

3. There is no ſupply of a ſuppoſed Defect, or Addition of what was not before, for if their ſuperior powers Excommunicate particular Members only and not the whole Church: This is nothing more than each particular Church hath power to do. And it is as much an Ordinance of Chriſt, where two or three, p. 65that is a leſſer number are gathered together, as where a greater; a Cenſure by the Church at Keneria, is as much a Cenſure, as if by Corinth. If a Quarter Seſſions Execute a man, its as much a Judicial deal, as if judged by the Aſſize, Kings-Bench or Parliament. The reaſon is obvious, its the Law that judges him, not this or that Judicature: So it is the Law and appointment of Chriſt that Excommunicates, not this or that Presbytery, greater or leſs, and this Law is the ſame to all.

We come now to the other part of the Argument, drawn from the light of Nature, If Appeals be not, there will be a defect in Chriſt's Government; Perſons are left without remedy, for wrongs done by whole Churches.

I anſwer with Suarez in the ſame caſe,De virtute Tom. 4. p. 99. Argumentum eſt (ſaith he) ab ſpecie ad genus negativum, defenſio eſt genus & latius patet quam appellatio. Poteſt enim ad ſuperiorem recurrere per ſimplicene quaerelam vel per modum ſupplicationis, &c. quod eſt ſufficens remedium diverſum appellatione & multo magis decens religioſum ſtatum. It is an Argument from the Species to the Genus, there are other ways of defence. We may have recourſe to a Superior by ſimple Complaint, or by way of Supplication; which is a ſufficient remedy, and divers from an Appellation, and much more becoming the ſtate of Religion; thus that Author. More particularly, we therefore Anſwer.

1. There may be a ſufficient defence or remedy, though not by Appeals.

2. There may be Appeals, though not in ſuch a way.

1. For the firſt, this Addreſs or Recurſus to others Superior or equal, is not for the putting forth any Act of Juriſdiction or Compulſion: Such perſons interpoſe by way of Intreaty, Perſwaſion, Pleading the Cauſe of the wronged, Reproving, Threathing, or in ſuch way, as a ſingle Paſtor may deal with any of his people. Thus Paul often, in a difference between Philemon and Oneſimus, Philem. verſ. 10. I beſeech thee for Oneſimus, Phil. 4.2, 3. I beſeech Evodias and Syntiche: It was upon ſome breach in the Church, 1 Cor. 1.10. Now I beſeech you Brethren that there be no Diviſion. This interpoſition of the Apoſtle with the Corinths, was upon the deſire of the Houſe of Cloe ver. 11. There may alſo be more earneſt Pleadings, Hoſ. 2.2.Hos 2:2Reaſonings, Rebukes; yea openly, and before others.Gal. 2.11, 14.Gal 2:11Gal 2:14 The Apoſtles were equal in Authority, yet Paul. did not only Reaſon and Plead with Peter, but Rebuke and Reprove him publickly, and before others. p. 66And in his dealing with Barnabas, Act. 15.39.Acts 15:39Pauls ſpirit did riſe higher, and yet no Power or Juriſdiction exerciſed, or might be by one Apoſtle over another.

If Synods be applyed unto, only for Counſel and advice in differences and difficult caſes, it is a proviſion not to be deſpiſed. Scripture-light in an inſtruction or reproof is cogent, by what hand ſoever adminiſtred, but more eſpecially when in the way of an Ordinance or Appointment of Chriſt. As are Paſtors, and Synods, though intruſted with a Declarative Authority only.

Let it be conſider'd how the greateſt reformation made in the Hearts and Lives of men and women, is ordinarily by the application of the Word of God in the Ordinance of Preaching; which is the Inſtruction, Reproofs, &c. of a ſingle Miniſter, who hath not power to Excommunicate ſuch as deſpiſe his Doctrine. Faith comes by Hearing, 1 Cor. 5.1 Cor 5not by Diſcipline. Until they be judged, believers they are without. If this means, or ſuch a Doctrinal Application by a ſingle Miniſter, be ſufficient to make ſuch Reformation upon ſingle perſons, and thoſe that as yet own not Chriſt, or have Conſcience of an Ordinance, why ſhould we not expect the like fruit where many Miniſters are Synodically gathered for the Reformation of whole Churches, (perſons profeſſing to underſtand and reverence ſo ſolemn an Ordinance of Chriſt) though there be no coercive Power intruſted with it, to enforce Submiſſion.

2.Receptum eſt in Gallia ab Eccleſiaſticis poſſe provocari ad ad curias ſupremas Parliamentorum P. Gr. Tholoſ. l. 50. c. 2. §. 36. Ruther. Due Right cap. 6. §. 5. pag. 396. There may be Appeals, though not in the ſame Series, but to a Tribunal extrinſecal, and not meerly Spiritual: as when we appeal to the Civil Magiſtrate, or ſuch as are appointed by him over Eccleſiaſtical matters. For 1. if the King in his Laws, and the Church in their Synodical Canons, command and forbid one and the ſame things, as is aſſerted. And 2. if the perſons commanded ſtand as much in a Civil Relation to their Prince, being Subjects, as they do in a ſpiritual Relation to the Church, as Members. Doubtleſs the Chriſtian Magiſtrate having a Supremacy in Eccleſiaſtical matters as in Civil, and (eſpecially) being aſſiſted by the Councel and Advice of Synods, is a ſufficient and effectual means to reform the miſcarriages of particular Churches, if appealed unto.

The truth is, though Churches were threatned, or ſtruck with the higheſt cenſures (being meerly Spiritual) and from a National Synod the higheſt Throne: Were it not from foreſight, that if ſuch Diſcipline be deſpiſed, the Magiſtrates Sword, by ſome Corporal p. 67puniſhment will ſecond it, there would be little fear or dread of thoſe Synodical cenſures. And if ſo, as it is apparent to the moſt in a National or Provincial Church as ordinarily conſtiſtituted, it is no otherwiſe. Common Reaſon will direct us rather to go immediatly by Appeals to the Civil Magiſtrate, or his Delegates, than in ſuch a compaſs, as to drive the cauſe from a Conſiſtory to a Claſſis, from thence to a Provincial Synod, and after that to a National Aſſembly; and when all this is done, there is little to any purpoſe done, if not ſeconded by a ſecular arm. Hence our learned Brethren formerly admitted no other Appeals of this nature, but to the Civil Magiſtrate, as we have fully ſhewed in the former Digreſſion: To which we add what is by that Author further ſaid. If the Brethren or Officers in a Church be perverſe,Cap. 2. and will not hearken to Reaſon, they (that are wronged) are to crave the aſſiſtance of the Civil Magiſtrate, who alone hath Power, and who ought by the Civil Sword and Authority, procure to all Members of the Church, Governors or others, freedom from all manifeſt injuries and wrongs. The manner how the Civil Magiſtrate is to proceed in Church-cauſes, is there alſo deſcribed to us in the words following; Though the Civil Magiſtrate cannot abſolve the Excommunicate perſon, &c. or take away this power from the Church, yet when they or any of them ſhall apparently abuſe the ſame, he is bound by the Law of God, and by virtue of his Office grounded upon the ſame, to puniſh them ſeverely for it, and to force them by Civil Mulcts to rectiſy, &c.

THus I have done with that firſt Conſideration, upon the account whereof the Ʋſefulneſs and Neceſſity of the Civil Magiſtrates Eccleſiaſtical power is affirmed: Which is, in reſpect to the well-being of Churches. There is another conſideration remaining now likewiſe to be proſecuted, ſhewing the like neceſſity of this Power, in reſpect and relation to the well-being of the Commonwealth. The Knowledge and true Worſhip of God, and the means hereof the word of God, is a national gift. He hath given his Law to Jacob — he hath not dealt ſo with other Nations. Pſal. 147.Ps 147It was true then, for Iſrael had this priviledge as a peculiar; but now it is otherwiſe. And where the Lord is ſo bountiful to a Nation, thus to give the means of Life and Salvation, it is a Depoſitum Governors muſt account for. The whole Nation becomes peaceable, proſperous p. 68or otherwiſe, according as the matters of God and his Worſhip, are more or leſs Religiouſly attended by the Governors and People thereof. This Conſideration is urged by Biſhop Davenant to this purpoſe,Daven. de judu cont. ca. 16. p. 91. Regis poteſtas judiciaria ſe extendit ad ea omnia ſancienda quae rem publicam florentem conſervant at que ad ea tollenda, &c. The Kings Legiſlative power extends to the eſtabliſhming of whatſoever may preſerve a Commonwealth in a flouriſhing State, and the taking away of all ſuch things as may prejudice or ruine it. But the Religious Worſhip of God is granted of all, even of the very Heathens; as of concernment to the well-being of the Republick, and the neglect of it to the everſion of it. The careful and orderly management of Religious affairs, being a ſpecial means and way to make the Republick proſperous, the care whereof lieth upon the Magiſtrate: It is neceſſary that he both judge of, and put forth his Authority, in the procuring and preſerving ſuch a means or conducement, the further proſecution of this ſecond Argument, together with other particulars, requiſite to the reſolving this Caſe, I ſhall leave to a ſecond Part of this Diſcourſe, in which, after the clearing and vindicating the former part of the Oath as lawfully to be taken: The two great doubts ariſing from the latter part of it, ſhall more largely be inſiſted upon. The words are theſe: I ſhall to my Power Aſſiſt and Defend all Juriſdictions — belonging to the Kings Highneſs — or united to the Crown, &c.

The Doubts hereupon are,

1. The Juriſdiction, Priviledges, &c. granted and united to the Imperial Crown, are unknown unto us, and ſome of them Controverted: How can we ſwear in judgment? Jer. 4.2.Jer 4:2Anſw. Though there be not a diſtinct knowledge in reſpect of each particular, yet an Oath may be taken in Judgment, and how.

2. There are ſome Juriſdictions, Priviledges, &c. in Spiritual matters granted and united to the Crown, the lawfulneſs whereof are ſcrupled; and we may poſſibly believe they do not belong to the Civil Magiſtrate, How can we ſwear to aſſiſt and defend him in ſuch, and Swear in Righteouſneſs? Anſw. In a Federacy, or Allegiance, to aſſiſt and defend another, againſt a common Enemy, if the things be juſt and lawful in His opinion, though doubted of, or thought otherwiſe in ours: It is no unrighteouſneſs in us to give aſſiſtance according to our Oath. Theſe Reſolutions and Aſſertions I doubt not, will be made evident, in what is to follow, and be the other part of this Diſcourſe.