A Holy Commonwealth, Chapter 10
CHAP. 10. Of the Soveraigns Power over the Pastors of the Church, and of the difference of their Offices.
Thes. 245. THE office of Magistrates and Ministers (or Pastors of the Church) are totâ specie distinct.
There are common actions that either of them may do: but they are distinctly obliged and authorized to special works, which are therefore proper to their several Offices: and forbidden to usurp each others office. Ʋzziah the King was smitten with leprosie for medling with the works of Priests.
Thes. 246. The Civil power is Essential to a Common-wealth (or Civil Polity) and the Pastors only necessary to its well-being; and the Pastors are essential to the Church (as a Political Society) and the Magistrate necessary but to its well-being.
A Church may possibly be without a Magistrate, but not well: And a Common-wealth may possibly be without the Pastors of the Church or other Ministers of Christ; but not well.
Thes. 247. Magistracy and Ministry are each of them Immediately and co-ordinately from Christ, and neither of them from each other. Though respectively one may be under the other in exercise, as the Object to the Agent, yet neither of them flow essentially from the other, as the effect from its proper cause.
Magistrates are not the Institutors of the Ministry: They set them not up, nor can take them down: Christ hath not put the Ministerial Power into the Magistrates hands as a conveying Cause, that they might give it Ministers. Nor do Ministers give the Prince his Power, though they have been used oft to Crown them. They are twisted together, and joyned as the Soul and Body, or rather as the Brain and Heart, the Intellect and Will, as I said before: but one is not the others root.
Thes. 248. Because the Power that is One and Perfect in Christ, who is perfectly capable of it, cannot in the derived measure, be all received and exercised by one man; therefore he hath divided it, giving part to Magistrate, and part to the Pastors, to be respectively exercised under him.
It is a great Question with many, Whether the same man may be a Magistrate and a Minister? and a greater, Whether one man may be a Soveraign or the highest in both Powers in a Nation? And yet a greater, Whether one man may be the Spiritual and Temporal Head of the whole world?
1. The Papists commonly think, and so did our Prelates, that inferiour Magistracy may be ordinarily held by a Bishop, and a Bishoprick by a Magistrate. Necessity I doubt not may make it lawful, to which all Laws of meer Order do very much submit. If there were no man capable of the Ministry there but the Magistrate, or no man capable of the Magistracie but the Minister, no doubt but they might receive the respective Offices conjunctly, rather then the Church or Common-wealth should be ruined, or receive any hazardous detriment. This I stand not to prove, as supposing the Evidence obvious to the Reader. But without such necessity, it seems to me they may not be conjoyned. For 1. Christ hath plainly separated them. 2. Yea and forbid temporal Rule to his Ministers. 3. And he hath prescribed to Magistrate and Minister so much work as will take up the whole man and time. 4. And he hath forbidden Ministers to entangle themselves with the affairs of this life, 2 Tim. 2. 4. And 5. the antient Church universally was of this mind, as is well known, not only by Can. Apostol. 6. 81, 83. but by the Council of Calcedon, Can. 3. & 7. and divers others. Synesius Epist. Cont. Andronicum, & Athanas. ad vitam solitar. agentes, write expresly against it, and say that God hath separated the Offices, and that its not lawful for Bishops to play the Magistrate, nor for Magistrates to play the Bishop. Cyril of Alexandria is branded by Socrates with a black Mark, as being the first Bishop there that did usurp a coërcive power. What Pope Gelasius saith against it, you may read in Grotius de Imperio sum. Pol. p. 37. He that will do one of the works faithfully, I warrant him will have no mind to have another Office to answer for, unless necessity require it, which is nothing to the ordinary case.
2. For the second Question, I deny the subject of it on one part: There is not to be a Soveraign Pastor in a Nation, as there is a Soveraign Prince. If there were, and one man could manage both, I confess Reason would say much for the great convenience that both should be in one hand. But we must not use our Reason to tell Christ what he should have instituted, but to find out what he hath instituted.
3. And for the third, there is no need of Argument (but where pride and faction makes men mad) to prove that no meer man is capable of an universal Episcopacy, or an universal Monarchy; much less of both; which yet the flatterers of the Pope would give him. If Pope Gregory so abhorred the name of universal Patriarck in John of Constantinople; how are they to be thought of that not only usurp both Name and Office, but also make it Essential to the Catholick Church, and necessarily to be believed to salvation? O horrid pride and faction! saith Gregory, Epist. Jon. Constant. c. 82. p. 208. [Tu quid Christo, Universalis scilicet Ecclesiae capiti, in extremi judicii es dicturus examine, qui cuncta ejus membra tibimet conaris Universalis appellatione supponere? Quis rogo in hoc tam perverso voc…bulo, nisi ille ad imitandum proponitur qui despectus Angelorum legionibus secum socialiter constitutis, ad culmen conatus est singularitatis erumpere, ut & nullibi subesse, & solus omnibus praeesse videretur?] He meaneth [the Devil.] And doth not the Pope now do the same, and much more? What need we any other testimony to prove the novelty of Popery? And how will the Pope any better answer it to Christ the true Universal Head, then the Bishop of Constantinople could do? But I have said more to these men in due place.
Thes. 249. Magistrates and Pastors having different kinds of Power, must exercise their several Powers on one another: So that the Magistrate is the Pastori Ruler by the sword, and the Pastor is the Magistrates Pastor and Ruler by the Word.
This is unquestioned among all sober Christians: save that the Papists put in some excepions for the exemption of their Clergy. There is no prudent Christian Magistrate that dare or will deny, that Pastors Authoritatively exercise their Office towards him, as well as towards other men. To exempt them from the Pastoral Power, is but to except them from their care and charge, and so from the benefits of their work: which is no greater a favour then to be exempted from all other helps from God by man: Was it Alexanders servitude to be taught by Aristotle? Would not that flatterer be kickt out of doors by a Prince, that should perswade him not to Obey his Physitians for his bodily health and life, as if it were a debasement of his Majesty? Or that should perswade him not to let his Son be Guided by School-masters and Tutors?
The Government of Pastors is much like a Physitians Government of his Patients, especially in Hospitals, or Cities where Physitians know their charge: Though a man be authorized by the Prince to be a Physitian, it is but unto voluntary Patients: every man may choose whether he will take their medicines or not. If the greatest Prince or the poorest man account it his Liberty, to die or be sick, rather then to submit to the Rule of a Physitian, they may use that Liberty. If they refuse to obey the Physitian, his Punishment is to deny them his help, and let them take their course. If God have inrrusted Pastors as his Officers, with a pardon to be by them delivered to the Penitent, and sealed by Baptism or the Lords Supper, or published by Absolution from particular sins, it is not in the power of any Prince here to interpose and force the Pastors to deliver this pardon or the seals to whom he please; or to the Impenitent, contrary to the will o… Christ. We must be faithful dispensers of the Messages, Pardon, Seals, and all Ordinances committed to our trust. Nor will I at the command of a Prince, be the Pastor of a Church that will have Church priviledges, and refuse Church-Discipline. If the Prince himself will have me to be his Physitian, and yet will Rule himself, and refuse my directions, and command me to gve him my Medicine that he may take it how and when he list himself, I will disobey him, (if the Medicine mis-used be dangerous) lest I …end him poyson instead of Physick; that may be poyson in his ungoverned way, that may be health in mine. And as long as he is free, whether he will use me as his Physitian or not, it is no injury to his Dignity, that I require him to submit to my direction, upon the penalty of being without my help. I need not tell you of Ambrose his usage of Theodosius, or Chrysostoms freedom with Eudoxia, and his resolution rather to lose his hand, then give the Sacrament to the proud contemners of God and disscipline: the nature of the office may satisfie any; he that hath said [A man that is an Heretick, after the first and second admonition reject] and [put away from am…ng you that wicked person] and [with such, no not to eat] hath not said, [except the Magistrate command you otherwise] or [except he be a Magistrate.] Though accidentally (as I shall shew anon) he may be excepted.
Thes. 250. The nature of Pastoral Government, whether over Magistrates or the meanest men, is not Imperial, Magisterial, Coercive by any force on body or estate, but like that of a Tutor over his Pupils, or a Physitian over his Patients, but that it is of a more especial Institution of Christ, and exercised by his Commission, and in his name.
The Minister indeed may Command, but only as an Embassador of Christ in his name; and not by a proper Imper…al power. We may Command a wicked man to Repent in the name of Christ; but …anno… touch his Body or Estate if he disobey: but by the same power bind him over to answer it at the Bar of Christ. The Pastoral Power is but that of Preaching and Applying the word of God, and administring his holy Worship. His jurisdiction is no other but this managing of the Keyes of the Kingdom of heaven. Excommunication and Absolution are but the Application of the Law of Christ to the persons and cases before us. But yet a Message from the Eternal God hath so much authority on the well-informed soul, that it can prevail without a rod or sword. We desire not to meddle with the sword or violence; but desite the Magistrate to vindicate his power from all invaders, not only for his honour, but for the Churches Peace.
Thes. 251. The Magistrate hath power over the person of the Pastor, but no over his …ffice; and the Pastor hath a spiritual ministerial Authority even over Magistrates, but not over their office: that is, they can make no alteration in it, nor do any thing against it.
It is God that hath Instituted both the Offices, and therefore neither of them can change his Institutions; not wrong the Office of each other, by any depravation.
Thes. 252. The several Powers of Magistrates and Ministers toward the persons of each other are limited, and neither of them are left to their absolute wills.
It is not enough for a Minister to say, The Keyes of the Kingdom of Heaven are committed to me, and therefore I may use them as I please: For he that did commit them to him, did also leave him a Law to use them by. And so is with the Magistrate.
Thes. 253. A faithfull Minister must be no flatterer, but reprove a Prince as closely as another man: yet so that he be sufficiently tender of his honour, which is necessary to the ends of Magistracy.
1. How plainly by Gods own Command the Prophets dealt with Princes of old, and the Apostles with all men, and the ancient holy Bishops with the greatest, is a thing so well known as needs no proof. If Princes sins be greatest, and their souls as precious as other mens, and their sins as dangerous to themselves, and much more to the Commonwealth then others, there is then great reason why they should be as closely and faithfully dealt with. And he that meets with the reward of a Zechariah or John Baptist, is as true a Martyr, and may as comfortably give up his soul to Christ, as he that dyeth in defence of an Article of Faith.
2. But the Honour of Magistrates must be tenderly regarded by the Reprover; and therefore his Reproof should be in secret, till meer necessity call it out into publike audience. Not out of fear, or flattery: but 1. The honour of God is much concerned in the Magistrates honour, for his Office-sake. If they should not too harshly uncover the nakedness of Ministers, no more should Ministers do theirs.
2. If the Magistrate be once under dishonour, he will be less capable of serving God, and managing his calling for the Common good, because of the contempt. It is therefore necessary to the Common good, that the Magistrates honour be preserved. But if he openly offend, and own it, and openly persecute the Reprover, and leave himself uncapable of more secret Reproofs, he may be openly Reproved, so it be with that submission and modesty that may signifie that we Honour him as a Magistrate, while we reprove him as an impenitent offender.
Thes. 254. Whether it be in case of Heresie or other crimes, both Magistrates and Pastors are Judges; but differently, as to different ends: The Magistrate is Judge who is to be corporally punished for Heresie or any crime, and this no Pastor must usurp: The Pastors are Judges Directive, who is to be excommunicated for Heresie or other crimes, or Absolved upon Repentance: and this no Magistrate may usurp.
It is therefore an insipid Question of the Papists and Libertines, Who made the Magistrate Judge of Heresie? Or, Who sh…ll be Judge of Controversies in Religion? For Judgement about the same case is not all of the same kind: but is distinguished from the distinct Executions which are the end. There is a Judgement about Corporal punishing, or not punishing; and this belongeth to that Power that punishing …o belongeth to: And there is a Judgement about Church-communion and Priviledges; and this belongs to them to whom it belongeth to admit to, or exclude from that Communion and these Priviledges; which is not a Pope or distant Metropolitane or Diocesane, but the present Pastors of the Church, the People also having a Judgement of discretion, so far as is necessary to their own part in the Execution, and no more.
Thes. 255. Though a Magistrate may be an object capable of Excommunication; yet as it is not rashly to be done on the lowest, so it rarely fals out that the Soveraign may lawfully be excomunicate; because by Accident it becomes unmeet.
For instance: 1. It seldom if ever fals out, but that an Excommunication of a Soveraign will so dishonour him, as to make against the Common-good, by making him less capable of improving his Office. 2. And it seldom fals out but that it will provoke the Magistrate to persecute not only a particular person, but all the Church that shunneth his Communion. 3. And it seldom fals out that the Prince is… member of that particular Church that moveth the doubt. 4. It is an hundred to one that the Church may as securely for their own Consciences, silently withdraw themselves from the Communion of such a Prince, without any Publication of an Excommunication to his dishonour. All this considered, and withall that Affirmatives bind not ad semper; and that Positives give place to greater duties, and by weighty Accidents may be suspended (as Christ shews, in the case of the Sabbath and eating the shew-bread) I think it will follow, that seldom, if ever, doth it fall out, but that by Accident, it will be unlawful to excomunicate the Soveraign, though Church-power simply extend to him as well as others.
Thes. 256. If a Magistrate of higher or lower rank be excommunicate, he must for all that be Honoured and obeyed, and no man is warranted thereby to contemn him.
Much less may men lay hands on him, or dispossess him of his Dominions, as the Pope doth by Christian Princes, or allow the Subjects to rebell, or to murther him. Wonderful! that Princes will so long endure that Power, that not only teacheth this, but hath so often executed it.
Thes. 257. To deny Magistrates to be the Objects of Pastoral Power, is but to deprive them of the Excellent mercies of the Gospel and Sacraments, and Church-communion, and order, and Absolution, &c. which Christ hath committed into his Ministers hands, and which Princes need as much as others, and have as …uch right to.
The Ministerial Power is but an Obligation and Authority to administer these mercies in the name of Christ: and therefore the first Question is, Whether Magistrates have Right to the Blessings or not? If they have not, they are the most miserable: If they have, they must be so far under the Power of him that doth administer them, as the ends and application doth require. As if the Turk…sh Emperour were converted, and did believe in Christ, he had Right to Baptism for Remission of sins: And therefore he must be so far under the Ministers Power, as to be judged by him, whether he be indeed a Believer, and fit for Baptism, or not. And so for Communion in the Lords Supper, and Absolution, and the rest.
Thes. 258 Magistrates may not usurp the Pastoral office, nor do the works that are proper to it.
Such are the Administration of Sacraments and other publick Worship, and all contained in the Keys of the Kingdom of Heaven: The Example of Saul, Ʋzza, and many Scripture passages are plain in this. [No man taketh this Honour to himself, but he that is called of God, as was Aaron] Heb. 5. 4. Yet Magistrates must worship God with their families and people as they have opportunity. Though they are not [separated to the Gospel] and have not a charge of being the Teachers of a people, yet must they joyn Instruction with their corrections; and Judges on the Bench, and other Magistrates, may teach the people the Laws of God. Constantine usually made such Orations as we call Sermons. And that they may pray with them, is as much past doubt; but yet not do the Pastors part.
Thes. 259. Ministers as well as other men must be subject to Magistrates, and pay them Honour, obed…ence and tribute: and are to be punished by them if they disobey.
When Will. Barclay was pleading against the Popes Supremacy over Princes in Temporals (which in despite of all the Sophisms of Bellarmine he hath well performed) cap. 33 pag. 265. he begins with an [Amplius dicam, & veritatem, licet odium fortassis mihi parituram, &c.—Dicam ergo, & grande verbum perloquar, cujus forte aut nondum meminit quisquam, aut, si memini…, saltem eos quos intererat id scire, non ut debuit commonefecit: Clericos scilicet per totum orbem, quocun{que} ordine vel gradu sint, non esse adhuc ullo modo exemptos & liberatos à potestate temporali P…incipum secularium in quorum regnis ac regionibus vitam degunt, sed perinde ac cae…ericives ijs subjectos esse in omnibus quae ad politicam & temporalem administrationem & jurisdictionem pertinent, in{que} eos jus vitae ac necis, &c.
O fearful, doleful state of the Papal Nations! when among them, yea even in France, the Power of Princes over the Clergy, and the duty of Pastors to obey the Prince in secular things was so unknown, as that so wise a man must begin with a [forte aut nondum meminit quisquam]—
It is one of the intolerable usurpations of the Papal Clergy, to plead an exemption for such a numerous potent party, from municipal Laws and Magistrates Judgement: Though Christ paid Tribute, and commanded Peter to do the like: and Peter and Paul have given such express commands to all the Church without exception, yea to every soul, to be subject to the Highers Powers, to honour them, to pay them tribute, &c. yet all this is nothing to men that have got the mastery of Gods Laws. Is it possible that they that plead Antiquity and Tradition for their Religion, can believe that they have either of them for this? Were the ancient Bishops exempt from the Judgement of the Magistrates, though Heathens? Or did ever any of them plead for such exemption? Nay, do they not with one consent profess the contrary? Doth not Scripture and all Antiquity speak as plain for the Magistrates power over Bishops (that is, the Pastors of the Churches) and for the Churches subjection to Magistrates, as its possible for words to express? And yet these Novelists traiterously pretend exemption. Persecution by unrighteous Judgment indeed the ancient Christians did deprecate and declaim against: but never against Magistrates judging of the Clergy. They did indeed condemn those Christians that were so worldly, uncharitable, and contentious, as to go to Law about personal injuries which Christ had commanded them to forgive, and about the trifles of this world, when they all believed an everlasting glory: especially seeing they were Infidels that must be their Judges, who were their common enemies and persecutors! They made several Canons to restrain them from such uncharitable courses, requiring them to avoid such inconveniences, to refer the matter to some among themselves. And so the Bishop became by their voluntary consent, instead of the Magistrate to them: but this was as well to the People as the Pastors of the Church: And when Magistrates turned Christians, the Churches kept their custom; and hence the Papists would plead exemption from the Laws. It is still desirable that those that live in holy Communion, should forbear Law-suits about personal matters, while a reference to sober pious Neighbours may decide the difference, and prevent the uncharitable and costly consequents. But what? Shall we hence conclude that Christians are not subject to the Magistrate? Yea, even to a Christian Magistrate that is a shelter and a Nursing Father to us? Must every soul be subject, and yet all the Papal Clergy be exempt? Saith. Bernard to them [Si omnis, & vestra: quis v… excipit ab universitate?] Saith Chrysostom in Rom. 13. [Every soul, though an Apostle, though an Evangelist, though a Prophet.] How is the Soveragin Power highest, if the Pope, even about the corporal penalties of the Clergy, be above him? Who knows not the an…ient Christians profession? such as that of Tertullian ad Scap. [Colimus Imperatorem sic, quomodo nobis licet & ipsi expedit, ut hominem à Deo secundum, & quicquid est à Deo consecutum, sola Deo minorem. Hoc & ipse volet, sic enim omnibus major est, du… sol… vero Deo minor est] So Optatus adv. Parm. lib. 3. Super Imperatorem non est nisi solus Deut qui fecit Imperatorem.] But of this there is so much written by Bilson, Chamier, Spalatens…s de Repub. Eccles. Sarravia, and abundance more, that all the Papists in the world may sooner multiply their guilt and shame, with maintaining their treacherous crime, then ever justifie so palpable an impiety. Mich. Goldastus hath done good service to the Church & Christian Common-wealths, in rescuing and delivering us so many learned antient Treatises against their usurpation. And smartly they are lasht for it by Sigebertus, Aventine, Benno, Matth. Paris, and many antient Chroniclers, but not so much as they deserve.
Only one thing I crave the Magistrates of England to see, that the masked Papists are now pleading the same cause by the Libertines, which where they have better opportunity they do in their own names. He is too blind that seeth not who is the Spirit and life of all our common Paradoxes, [That the Magistrate governeth us but as men, and not as Christians: That he hath nothing to do with matters of Religion: nor may punish men for their consciences] that is, for sinning and desending it as just. The meaning of it is Originally and Finally, that all these things belong only to the Church, that is, to the Pope and Prelates.
Thes. 260. Magistrates must not only Govern Ministers as men, but as Ministers; nor Christians only as men, but as Christians, and as Churches; nor only in secular affairs, but in the matter of Gods worship.
As a Magistrate doth not only Govern Physitians as men, but as Physitians, with his kind of Government; nor Academies and Colledges only as men, but as Schollars and Societies; nor Merchants only as men, but as Merchants; nor School-masters only as men, but as School-masters: So do they also by Ministers and Christians. David, Solomon, Jehosophat, Hezekiah, Josiah, governed the Priests as Priests, and the Levites as Levites, and that in the matters of Gods worship. When Constantine sat in the Council of Nice, did he not govern Bishops as Bishops? The same may we say of Martian, Theodosius, and other Emperours.
Thes. 261. Though Magistrates cannot usurp the Ministers office, nor any part of his proper work; yet may they punish him for male-administration, and in case of unfitness, cast him out from lhe Liberty of exercising his office in their dominions.
For Magistrates are the guardians of the Church, and must see to the execution of Gods Laws by all their Subjects in their places: And therefore Gods Laws were first given to the Prince and Priest, and by them to the people, as Isychius saith, in Levit. 15. pag. 329. Rectè Moysi quidem & Aaron loquutus est, sed tradi filiis Israel, id est, omni populo, mandatum jubet: quia quaecunque per doctrinam divinam scilicet sanciuntur, seu scribuntur, primum quidem principibus egent populi, quia ipsis maximè divina est credita doctrina, &c.] How could the Magistrate be Custos utrius{que} tabula, if he might not punish all his subjects that violate them? He that may punish a parent for neglect of his own children, and a husband for the neglect or abuse of his own wife, or a master for wronging his servants, no doubt may punish a Pastor for wronging his flock, and abusing the Ordinances of God.
If a Pastor preach false Doctrine, the Magistrate cannot therefore forbid him preaching, and yet continue him a Pastor: and if he misadminister Sacraments or any holy Worship, the Magistrate may not forbid him the administration of those Ordinances, and yet allow him the rest of his Office: and if he abuse his power about Church-censures, he cannot take Church-Government from him, and yet continue him in the free exercise of other parts of the Ministry; for this is to abuse and alter the Office: Nor is it necessary that the Magistrate form him a Law of his own by which to exercise his Ministry; But the Magistrate must first rebuke those that miscarry, and then punish them if they amend not, and cast them out, in cases that make them more hurtful then helpful to the Church. Yet in this casting them out, the Magistrate doth not Degrade them. As he Ordaineth not Ministers, so neither doth he nullifie their Ordination; but only prohibiteth them to exercise the Ministry in his dominions: and this no question but he may do.
Object. But Magistrates are seldom competent Judges of Doctrine and Administrations, as having not will or time to study as divines have.
Answ. 1. It should be the principal part of all their studies to know the Laws of God; and therefore it is their own fault if they are ignorant. 2. Wilful or negligent omissions of a person, may not allow us to alter the Office. 3. It is supposed that Magistrates have the counsel of Divines in such matters. Though a Magistrate be uncapable of Judging in matters of Physick and Astrology, yet may he Govern, and …or their offences punish Physitians and Astrologers, upon the counsel of such as better understand the matter.
Object. By this means Magistrates will be led to wrong judgement, and so persecute the Church.
Answ. 1. So you may say of his Governing the Professors of any Arts or Sciences. 2. Whoever governeth may be lyable to such inconveniences. That part of the world that hath escaped the plague of being blinded by selfish interest and partiality, do know that the Pope and Prelates have been far more guilty of this mis-judging and persecution, then Princes have been: and that Princes have been drawn into almost all their guilt by Popes and Prelates (supposing we speak of Christian Princes.) 3. We must not be deprived of the blessing of Government for fear of abuse through humane frailties: No more then we must be against eating, and drinking, and apparel, to avoid gluttony, drunkenness and pride. God hath commanded Magistrates to do their duty: They cannot so far mistake as to become dangerous persecutors of the Church without some grievous negligence or malignity of their own; which if they are guilty of, and will know no mean between Negligence and Persecution, they shall bear the blame and punishment from God.
If Pastors will cast off the work of Preaching, or be negligent in it, all grant that the Magistrate may punish them. And so he may, if they cast off Discipline, and corrupt the Church by admitting and retaining the prophane and scandalous: And so may he punish them that will exclude the faithful to the detriment and hazzard of the Churches, or the great injury of the persons themselves. As if a Pastor will gather a Church in a Parish, and exclude the greater part of them that are meet to be received and desire it, submitting to any reasonable terms, when perhaps no other Church is near for them to joyn with. It is meet in this case that the Magistrate allow them a Pastor that will Govern them according to the Word of God. And so in other cases.
It is therefore an injurious clamour of them that say, [If Pope and Prelates be laid by, Presbyters will be lawless, and will be every man a Pope in his own Parish; and who shall govern them, or punish them if they offend?]
Answ. Is the Christian Magistrate no body with these men? Are his Laws and Government nothing? Who hath to do with corporal punishing but he? I would we could once see a Pope and Prelates that had no other arms but spiritual: I doubt not but the world would quickly find, how little their Authority will uphold their Kingdom, or maintain their Unity or Strength. If Pastors are to be rejected from Communion, it concerneth them with whom thev had Communion: If they are to be fined or punished corporally, it concerneth the Magistrate alone.
Thes. 262. If Magistrates punish Ministers unjustly, that is, persecute them, they must not resist, nor dishonour the Magistrate, but patiently suffer the wrong.
This being commonly consest by Protestants, and plain in it self, I shall take as granted.
Thes. 263. If Magistrates forbid Ministers to preach or exercise the rest of their office in their dominions, they are to be obeyed, in case that other competent persons are provided for the work, that the Church receive no dangerous detriment by it; but otherwise they are not to be obeyed, but we …st do Christs work till they disable us.
1. That they are to be obeyed in the first case is plain; because it belongeth to them to govern and order the worship of God. David, S…l…mon, and other Kings of Israel or Judah, did take down and set up Priests, and order the Officers of the house of God. The deposing of Abiathar and setting up of Zado…, was just: And therefore when it is but Ordering and not destroying that they are about, we must obey them. Besides the Ministry may not lawfully be taken up or held for person…l commodity (principally) but for God and the common good: If therefore nothing but personal commodity be crost, and the Church not hazarded or much damnified by it, we have no reason to disobey: Much less when personal commodity it self doth also invite us to consent. And I am of the opinion that the Minister that doth not serve the Lord upon terms of self denial, and suffereth not (one way or other) more to his flesh by the Ministry, then he should do if he were put out of it, (unless in some extraodinary case) hath greater reason to suspect that he is either a self-seeking man, or at least doth serve God with much unfaithfulness and carnal complyance. We are sure, Obedience to Rulers is a Duty, and therefore we must not disobey them till we have such reason as may justifie it.
2. But yet that we must not obey in the other case, (when it tendeth to the destruction of the Church, or notable damage of mens souls) is plain. 1. Because the Magistrates as well as the Ministers have their Power to Edification and not to destruction. No man hath authority from Christ to destroy his Church or the souls of men. 2. Because our office dependeth as immediately upon Christ, as the office of the Magistrate, and therefore men cannot dispence with us against his will. 3. The Apostles have gone before us with their example, preaching and exercising all their office, though they were both prohibited and beaten; and have taught us to say, [Whether it be better to obey God or men, judge ye.] 4. Else it would also warrant all Christians to for bear praying and other worship of God, when the Magistrate commandeth it: which neither Daniel (Dan. 6.) nor the Apostles, or any good Christians did believe. 5. And it would excuse men on these accounts from Martyrdom.
Quest. But must we not obey the Magistrate forbidding us the exercise of our office, if any hurt accrew by it to the Church?
Answ. We must prudently consider, Whither the hurt of our silence and forbearing our office, or the hurt of our not obeying the Magistrate, is like to be greater as to the Church; and whether the Benefit of our Ministry, or of our submissive silence, is like to be greater to the Church, and the honour of Christ, and accordingly our choise must be determined.
Thes. 164. If a Magistrate command us to do evil in Gods worship, or elsewhere, we may not obey him.
E. G. If he disable me only from casting out from the Church or its Communion, a wicked impenitent person, in case of necessity, I must obey him; and may yet continue in that Church, (unless I be called to another) but if he require me to apply Absolution, or the Sacrament personally to that man, I may not obey. Or if he require m… to preach false Doctrine, or renounce any truth of God (and yet some may be silenced for a time.) For sin must not be committed for the pleasure of man.
Thes. 265. Magistrates may determine of some necessary circumstances in the worship of God, which God hath left undetermined in his Word; but yet they must take heed of unnecessary Laws, and of invading the office of the Pastors.
Magistrates may not make God any new worship-Ordinances. Circumstances of worship are Determined by God, or Ʋndetermined. The former (as the Lords Day) the Magistrate must second by Laws, requiring obedience to Gods Laws. The second sort are Necessary or Ʋnnecessary to be determined: If unnecessary, the Magistrate should not put it into a Law (N. a thing may be necessary to be determined, that is not it self comparatively necessary, but another might have served in its stead.) If the determination be Needful or Profitable, then either Ordinarily to a whole Nation, or only mutably pro hic & nunc. The later should be left to the Pastors determination: The former the Magistrate may determine: As e. g. what Translation of holy Scripture shall be of publike use; What Version of Psalms shall be Sung, &c. We need no Bishops for these, if the Magistrate, please.
Thes. 266. The Magistrate may appoint no new Officers for Gods worship it self, but he may make new Officers for these circumstances of his Worship.
God hath done the first already. That the Magistrate may do the second, is plain, in that he may determine of that which is his work: And so he may circa sacra make officers, as Church-Wardens to see to the building, and Porters to keep the doors, and Sextons to toll the Bells, look to the utensils, &c. and Censors to keep peace and order.
Thes. 267. Magistrates have the chief Power of the Temples and Church-maintenance; yet so as that they are bound by God, to dispose of it for his Churches greatest benefit.
If any Give maintenance to the Church, the Magistrate may not lawfully alienate it, no more then he may destroy other p…ous or charitable works: But yet all Churches, Colledges, Hospitals, so erected, are under his Government for the common good. If the Magistrate command us to forsake the Temples, and put others in possession of them, we must obey. If he take from us the publick maintenance, we must submit: When yet (if the Churches good require it) we may be bound to preach without maintenance from him in some other place. Bishops have nothing to do with Temples or Maintenance, but under the Magistrate, by his grant: And yet both are (in general at least) jure divine, of Gods ordination, which cannot be denyed the Church without sin.
Thes. 268. Though Magistrates may not lawfully take from the People the Power of choosing or consenting, nor from the Pastors the Power of Ordaining, yet must they oversee both People and Pastors, and not suffer them to choose or order such as are intolerably unfit, but by moderate corrections bring them to a righter choice and Ordination.
1. Christ hath left the foresaid Power to the Pastors and people: and therefore the Magistrate may not take it from them. 2. Yet as he hath left the power of Governing all men to the Magistrate, so no man can take this from him. And he is not to leave people to choose what Ministers they please, nor to Pastors to ordain whom they please; but to see that they do all to the Churches good: None of them can claim a fuller power in his place, then a parent hath over his own children, who yet must be hindred by the Magistrate from wronging them, and forced by him to feed and cloath them, if he deny it.
Thes. 269. The principal work of Magistrates about Religion, is to preserve it, and further the Obedience of Gods Laws, which is a great part of his work; but not to alter it.
1. Truly saith Grotius de Imperio sum. Pot. p. 8, 9. [Haec …nim e… vera civitatis felicitas, u… Dei sit amans, & amata Deo; illum sibi Regem, se illius populum agnoscat: quemadmodum praeclarè loquitur Augustinus de Civit. Dei. l. 5. c. 14. qui & faelices dicit Reges si su…m potestatem ad Dei cul…um maximè dilatandum, majestati ejus famulam faciant.] So the Emperours Theodosius and Honorius in Ep…t. ad Marcel. Neque enim aliud aut belli laboribus agimus, au… pacis consiliis ordinamus, nisi ut verum Dei cultum orbis no…ri plebs devota custodiat.] Et Theodosius ad Cyril. Caesarei est muneris, ut no… solum pacifi…è, sed pie etiam subditi vivant.] See what Grotius cites out of Augustine and others, pag. 11, 12, 13, 14. and the Confessions of Homer, Livie, Horace, Valer, M…x. &c. p. 18, 19 That it religiousness …nd the contempt of Gods worship, is the ruine of Governors, &c.
2. To be custos Tabular…m, is not to change them. Some think if Magistrates may not make Indifferent things necessary, and so make new Church-Ordinance, they have nothing to do: As if it were no hing to promote the obedience of Gods Laws? Have all the Judges and Justices of England nothing to do because they have no Legislative power? One Legislator is enough in a Common wealth.
Thes. 270. It being so high a part of the Magistrates work and honour to promote Gods service and mens salvation, yea an higher end of hu Magistracy then me…r corporal common good, their doctrine is trayterous and into…erable who affi…m 1. That Magistrates have nothing to do with matters of Religion, but are to leave all men to their consciences, and govern us as men, and not as Christiant, Churches or Ministers. 2. That the Clergy are exempt from the Magistrates judgement, and so would set up the Pope as a civil Prince in every Common wealth.
His charge against the Presbyterians as such, is false, that feigneth them to set up Imperium in Imperio, if Imperium be taken for any Civil forcing power. But the two parties that I now mention do plainly hold a doctrine intolerable in a Common-wealth. 1. I shall, God willing, more fully shew you in a short Treatise by it self, how they debase the office of the Magistrate, and teach people to value him but as the dirt of the earth, and incomparably below the Ministry, that would make him so terrestrial as to have nothing to do with the matters of Religion, nor the promoting of mens salvation as such.
2. The Papists are of three sorts herein. 1. Some of them hold (as Hostiensis, Bozius, &c.) that the Pope is directly intrusted with both Swords by Christ, and is the spiritual and Temporal Monarch of the world. 2. Others of them (as Bellarmine, that sai…h, It is the common judgement of Catholick Divines, de Rom. Pont. lib. 5. cap. 1.) say, that the Pope indirectly in order to spirituals, hath the supream power in Temporals through the world; even as the soul hath over the body: This comes all to one with the former. 3. Barclay and others more moderate, assert the Soveraignty of Princes against the Pope: and so do the Learned Lawyers of France. But all they that do depose the Pope from his usurped Soveraignty over the Laity, yet leave him the sole Judge of the Clergy, or take them from under the Magistrat… power, do plainly set up a Monarchy in every Common-wealth, besides its proper Government, and give the Pope a Civil Government in every Christian Nation in the world. For is not that a Civil Government that punisheth men by fines, imprisonment, or death? Though it be about Clergy-men, surely it is a Civil Government. It is long of facile unfaithful Princes, that give up half their Power to the Pope and his Prelates, that the Christian world is so divided. Had not they armed the Pope, he could not have done it. If Princes will not be wiser, let them take heed lest they excite the people to enquire, Whether a Prince have Power to give away his Soveraignty or part of it to another? and what the introducing of a forreign Soveraign should be esteemed, and how avoided?