The Catholic Hierarchy, Chapter 20
CHAP. XX. Of the Ʋnited Power Legiſlative of Church and Civil State.
§ 1. LEſt it ſhould be replied to our preceding Diſcourſe, That although the civil Magiſtrate cannot of himſelf be a competent Compiler or Eſtabliſher of Eccleſiaſtical Laws, Canons, or Conſtitutions, unleſs they be firſt compiled, approved, and propounded by the Church to the Magiſtrate, to compleat their Sanction and Law-ratification with the impreſs of his Authority; yet the Church and civil Magiſtrate both together, have a compleat Legiſlative power in Eccleſiaſtical Affairs. The Church is ſuppoſed to act by its Repreſentatives in a Convocation, Aſſembly of Divines, or Synod, or Council, lawfully aſſembled by the call of the Magiſtrate. The Queſtion is, Whether after they have agreed on Eccleſiaſtical Canons and Conſtitutions, the civil Magiſtrate may give Sanction to them, by making them Penal Statutes? The Queſtion in brief is, Whether Eccleſiaſtical Laws may become Penal Statutes by Magiſtratick Sanction?
§ 2. In order to the right reſolving of this Queſtion, it's fit to enquire firſt concerning the nature or ſubject-matter of the ſaid Canons and Conſtitutions, whether the Compoſers and Propoſers thereof do believe them to conſiſt of ſuch things as Chriſt hath left indifferent, and they would have to be neceſſiary? or do they conſiſt of ſuch things as they have by diſquiſition found to be neceſſary by virtue of the Will of Chriſt? for the end of ſuch Aſſemblies is to confer about the Will of Chriſt in the great and weightier matters of the Church, for the clearing up of what is dark and dubious before. Now if the mind of Chriſt be diſcovered, there needs no more Sanction; where the word of a King is, there is power. Make it but out by the cleareſt demonſtrations, that this or that is the mind of Chriſt, there needs none of the Magiſtrates penalties to be annexed; it hath force enough of it ſelf to reach the Conſcience, which is the end of Chriſt's Laws, and to charge guilt upon it in caſe of diſobedience; and that is more than all the Penal Laws of men can do. It's needful to enquire whether the Magiſtrates Sanction be by way of approbation onelyonly, or by way of eminent commendation of the ſaid Laws to his Subject; not annexing or executing any Penalty himſelf, but allowing onelyonly ſome ſpiritual Penalty annexed by Chriſt or his Church, to be executed by Church-Officers? or whether he will annex or cauſe to be executed any external Penalty by his civil Officers, as occaſion ſhall ſerve? The matter being thus ſtated, I proceed in the Negative.
§ 3. 1. We have abundantly evidenced, that in the matters of Indifferencies in Religion, no power on Earth may make any Laws, changing them into things religiouſly neceſſary. 2. Where did Chriſt ever joyn Magiſtrates and Miniſters together in joynt Commiſſion in the government of his Church? 3. If ſo, why may not Magiſtrates joyn in the judicial proceedings of the Church, and fit as due Judges in all Spiritual Courts, and excommunicate and abſolve? He that hath a ſhare in Legiſlation, may reſerve to himſelf the executive part at his own pleaſure. 4. If ſuch Church-Laws are invalid without the Magiſtrates Sanction, then he hath a negative voice over the Church to ſtop any Church-proceedings in Legiſlation or Execution; and indeed it's happy for ſome people that it is ſo, elſe the Clergie (that call themſelves the Church) would make mad work, were not the civil State wiſer and more moderate, and by its power able to put a ſtop ſometimes to their mad Carreers. 5. The Decrees of the Apoſtles, Elders, and Brethren (being only a declaration of the mind of Chriſt in a difficult caſe) became a Law to the Churches, without any ſuch Magiſtatick ratification, or annexation of Penalty. 6. Chriſt never annexed any corporal or eſtate-Penalties to any of his Laws that he ſetled his Church with at the firſt. 7. Chriſt provided ſo for the due government of his Churches, that nothing might be wanting for the adminiſtration of Government and Ordinances, in the worſt of times, when moſt perſecuted and oppoſed by thoſe Magiſtrates in whoſe Dominions they did militate. The Church of Chriſt would be but in a very weak and lame condition in moſt Kingdoms and Ages, if the Magiſtrates countenance and concurrence were an Eſſential Complement of its due ſtate of Eccleſiaſtick government; and that can never be accounted a right Model of Church-government, that cannot be erected without the Kings and Princes of the Earth ſet their hands to it: For if it were ſo, Chriſt ſhould have few duely govern'd Churches on Earth, that ſort of men being oftner found pulling down than ſetting up the Kingdom of Chriſt. Laſtly, we having already proved that neither Church-Officers nor Civil have any Legiſlative power in the ſaid matters, and therefore being put together, they are but as two Cyphers that make not ſo much as an Ʋnite: for ex nihilo nihil fit, and therefore I need not enlarge any further on this matter.