The Catholic Hierarchy, Chapter 4
CHAP. IIII. Of Chriſt's Mediate Legiſlative Power.
§ 1. HAving ſomewhat treated of the immediate Juriſdiction of Chriſt, it's needful to ſpeak a little of his Mediate, viz. how far he rules Bodies Politick by the mediation of man, or hath committed a power of law-making and executing unto him; and to ſhew that mans power cannot be indefinite and unlimited, but derivative and limited: and for the illuſtrating hereof, we are to examine whence man hath his Civil Power, and how far it extends.
§ 2. All Civil Powers have their juſt Authority from Chriſt the King of Kings, the Head of all Principalities, Powers, Body Politicks, Societies, as is manifeſted by the following Scriptures and ſuch others, Prov. 8.15, 16. Dan. 4.25. Rom. 13.1, 2, 4. wherefore it is the manifeſt will of Chriſt, 1. That there ſhould be Civil Government in the world. 2. That the perſonal poſſeſſion of it be received by the all-diſpoſing Providence of God. 3. That it's an Ordinance and appointment of Chriſt, that ſuch execute diſtributive Juſtice for the encouragement of Well-doers, and diſcouragement of Evildoers. 4. That in the faithful diſcharge of this truſt, they are Gods Miniſters attending his work.
§ 3. As the King of Kings hath given Magiſtrates their power, ſo he hath ſet them their bounds of Government, inſomuch that they be not Plenipotentiary, but are liable to the Law of the ſupream Law-giver; which they may tranſgreſs, in reſpect either of the Laws themſelves, or of perſons ſubjected to them. In reſpect of the Laws two ways, in Law-making, or Executing. In Law-making theſe ways. 1. When they preſume to enact ſuch Laws, as directly croſs any of Chriſt's Laws, either the Law of Nature, to enjoyn unnatural things; or when he by his Law ſhall contradict the Moral Law, or any Appendix thereunto. Or laſtly, controul the Laws of Chriſt for the Oeconomy of his Church, i. e. in making any Laws to obſtruct the execution of Chriſts Laws, according to his revealed Will. 2. He may tranſgreſs in Law-making, by entrenching on the Legiſlative Prerogative of Chriſt, either in reſpect of Moral Obedience, or Inſtituted Worſhip, or any Forms or Rites thereto belonging. 3. In failing to Enact ſuch uſeful and neceſſary Laws, as are needful and requiſite for the right ordering or management of the Commonweal, or particular Subjects under his Dominion. He may fail and tranſgreſs in Law Executing, either in a ſlack or careleſs execution of good Laws, or undue application of them, or partial diſtribution of Juſtice by them, all which is Injuſtitia: or he may fail in too vigorous and extreme proſecution, and ſo be guilty of Summum Jus, which ſince the Fall is Maxima Injuria, becauſe there is no allowance or abatement for the natural failings and weakneſſes of the Subjects obeying.
§. 4. As he is liable to tranſgreſs as to Laws, ſo alſo as to perſons; 1. By a partial Execution of Juſtice, with reſpect of perſons. 2. In preſſing the power of his Law further on perſons than Chriſt ever permitted, as in endeavouring to impoſe on Conſcience, and bring it into thraldom, by forcing men to ambiguous Oaths, Declarations, or Subſcriptions. 3. When he uſeth his Power for the obſtructing and hindering the Members of Chriſt in the uſe of thoſe Priviledges, or lawful Liberties, granted them by Chriſt himſelf.
§ 5. Whence it appears, That the Civil Magiſtrates Juriſdiction is limited to the Civil State, and to all perſons and things conſidered in a Civil capacity. And thus far he hath Power over the perſons of Chriſtians, and particular Churches whilſt Militant; ſo far as they are perſons and Societies laying claim to Civil Rights and Priviledges, or capable of doing or receiving wrong and injury, being men ſubject to Paſſions and Failures with the reſt of Mankinde. A Chriſtian is ſubjected (as hath been ſaid) to a twofold Juriſdiction, Internal and External: Internal reſpects the Juriſdiction of Conſcience, or God's ruling man by it; and here is an impoſſibility of any third perſons interpoſing between God and us. The External Regiment to which a Chriſtian is ſubjected is Political, and that by God's Ordination is twofold; viz. Of the Body Civilly Politick, and Spiritually or Eccleſiaſtically Politick; this is ſubjected immediately to the Eccleſiaſtical and Spiritual Gubernation of Chriſt alone; the other i…mediately under the Rule of the Civil Magiſtrate. Now the conteſt between theſe two Polities, hath been the Original of moſt of the Trouble in the Chriſtian World. Since Chriſt's preſence here on Earth, it hath always been mans preſumptuous Ambition to ſit in his Throne, more or leſs. Sometimes Secular Dignities aſſuming to themſelves Legiſlation in matters of Divine Worſhip, whence hath aroſe ſo great Perſecutions from Magiſtrates; becauſe Chriſt's Followers refuſed to betray or deliver his Prerogative into their hands, and judged themſelves bound to obey God rather than man. Again, ſometimes uſurping Officers in the Church, pretending to a derived Power from Chriſt, have aſſumed the place of Chriſt himſelf, in and over his Church, juſtling him (as much as in them lay) out of his Throne; hence hath aroſe the Antichriſtian Ʋſurpation, tyrannizing not only over Bodies Politick, but over Conſcience it ſelf: and (as a juſt Judgment on Civil Powers, which will not kiſs the Son, but break his bonds, and abuſe his Churches and Members) have bin permitted by Chriſt to ſet their feet on the necks of Kings and Governours of the Earth; the intolerable burthen the Earth groans under, and hath done for many Ages: and were they but removed each into its proper ſphere, i. e. were but the Churches of Chriſt eaſed of Civil Uſurpations in ſome Nations and Commonwealths, from Eccleſiaſtical in other, and Conſcience delivered from the rapes, wrongs and injuries inſolently offer'd to it from both, the Chriſtian World would become ſuch a Paradiſe of Felicity, that ſcarce yet hath bin ſince the Infancy of the Goſpel-Church; and without ſuch reducement of the World to the due Liberties of Church and State, we cannot enjoy that worldly Felicity which a good man is capable of.
foreign,
foreign.
Menand.
A good man aiming at Felicity,
Would either dye, or at his home live free.